093_SB1415

 
                                     LRB093 06418 BDD 06541 b

 1        AN ACT concerning judicial elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Supreme Court Campaign Reform Act.

 6        Section 5.  Definitions. In this Act:
 7        "Allowable contribution" means a qualifying contribution,
 8    a   seed  money  contribution,  or  a  personal  contribution
 9    authorized by this Act.
10        "Candidate" means  any  person  seeking  election  to  or
11    retention  in  the  office  of  Judge of the Illinois Supreme
12    Court.
13        "Campaign" includes the primary election campaign  period
14    and the general election campaign period.
15        "General  election  campaign  period"  means  the  period
16    beginning  on  the day after the general primary election and
17    ending on the day of the general election.
18        "Electioneering  communication  expenditure"   means   an
19    expenditure   for   any   broadcast,   cable,   or  satellite
20    communication, that refers to a clearly identified  candidate
21    for  Supreme  Court,  that  is  made  within 60 days before a
22    general  election  or  30  days  before  a  general   primary
23    election,  and  that  is  broadcast to voters in the district
24    where  the  candidate  is  on  the  ballot.   "Electioneering
25    communication" does not mean a communication appearing  in  a
26    news  story,  commentary, or editorial included in the course
27    of regularly scheduled news coverage or a communication  that
28    constitutes a candidate debate or forum."
29        "Eligible  candidate" means a candidate for the office of
30    Judge  of  the  Supreme  Court   who  qualifies  for   public
31    financing  by  collecting  the  required number of qualifying
 
                            -2-      LRB093 06418 BDD 06541 b
 1    contributions, making all required reports  and  disclosures,
 2    and being certified by the State Board as being in compliance
 3    with this Act.
 4        "Excess   expenditure   amount"   means   the  amount  of
 5    expenditures made by a non-participating candidate in  excess
 6    of  the  public  financing  benefit  available to an eligible
 7    candidate for the  same  office  that  the  non-participating
 8    candidate seeks.
 9        "Excess  qualifying contribution amount" means the amount
10    of qualifying contributions accepted by  a  candidate  beyond
11    the  number  or  dollar  amount  of contributions required to
12    qualify a candidate for a public financing benefit.
13        "Exploratory period" means the  period  that  begins  one
14    year  prior  to the general primary election date and ends on
15    the day before the beginning of the primary election campaign
16    period for Judges of the Supreme Court.
17        "Fair election debit card" means a debit card  issued  by
18    the State Treasurer in accordance with Section 65 entitling a
19    candidate  and  agents  of  the  candidate  designated by the
20    candidate to draw money from an  account  maintained  by  the
21    State Treasurer to make expenditures authorized by law.
22        "Immediate   family",  when  used  with  reference  to  a
23    candidate, includes  the  candidate's  spouse,  parents,  and
24    children.
25        "Independent  expenditure"  means  an  expenditure  by  a
26    person  expressly  advocating  the  election  or  defeat of a
27    clearly identified candidate that is made without cooperation
28    or consultation with a candidate, or any political  committee
29    or  agent  of  a  candidate,  and that is not made in concert
30    with, or at the request or suggestion of,  any  candidate  or
31    any political committee or agent of a candidate.
32        "Non-participating  candidate"  means a candidate for the
33    office of Judge of the Supreme Court who does not apply for a
34    public financing benefit or who otherwise  is  ineligible  or
 
                            -3-      LRB093 06418 BDD 06541 b
 1    fails  to  qualify  for a public financing benefit under this
 2    Act.
 3        "Personal funds" means funds contributed by  a  candidate
 4    or a member of a candidate's immediate family.
 5        "Primary  election  campaign  period"  means  the  period
 6    beginning  30  days  after the last day prescribed by law for
 7    filing nomination papers and ending on the day of the general
 8    primary election.
 9        "Public financing qualifying  period"  means  the  period
10    beginning  on  the  first day of July of an odd-numbered year
11    and ending on the day before the  beginning  of  the  primary
12    election  campaign  period  for  the  office  of Judge of the
13    Supreme Court.
14        "Qualifying contribution" means a contribution between $5
15    and $25 to a candidate made by a resident, at least 18  years
16    old,  of the district in which the candidate seeks office and
17    made during the public financing qualifying  period  that  is
18    acknowledged  by written receipt identifying the contributor.
19    An individual may make only one qualifying  contribution  per
20    candidate.
21        "Qualifying   report"   is   a  list  of  all  individual
22    qualifying contributions.
23        "Seed money contribution"  means  a  contribution  in  an
24    amount  of  not  more  than  $100 made to a candidate for the
25    office of Judge of the Supreme Court during  the  exploratory
26    period  or  the  public  financing  qualifying  period  or  a
27    contribution made to a candidate consisting of personal funds
28    of  that  candidate  in  an  amount  not more than the amount
29    authorized under Section 30 during the exploratory period  or
30    the public financing qualifying period.
31        "State Board" means the State Board of Elections.
32        "Supreme Court Democracy Trust Fund" means a special fund
33    created  in  the  State  Treasury  and to be used, subject to
34    appropriation, by  the  State  Board  of  Elections  for  the
 
                            -4-      LRB093 06418 BDD 06541 b
 1    funding   of   campaigns   for  participating  Supreme  Court
 2    candidates.

 3        Section 10. Qualification; certification.
 4        (a)  Before a candidate for nomination  for  election  to
 5    the  office  of  Judge  of  the  Supreme Court in the general
 6    primary election may be certified as an eligible candidate to
 7    receive a public financing benefit for the  primary  election
 8    campaign  period, the candidate must apply to the State Board
 9    for a public financing benefit and  file  a  sworn  statement
10    that  the  candidate  has  complied  and will comply with all
11    requirements of this Act throughout the applicable  campaign,
12    including  the  general  primary  election  and  the  general
13    election. A candidate must file the application and statement
14    no  later than the beginning of the primary election campaign
15    period for the office of Judge of the Supreme Court.
16        (b)  A candidate shall be certified by the State Board as
17    an eligible candidate for receipt of public financing  for  a
18    primary  election  if  the candidate complies with subsection
19    (a) and receives a  number  of  qualifying  contributions  at
20    least  equal  to  0.15%  of the number of ballots cast in the
21    district  in  last  gubernatorial  election  from  individual
22    qualifying  contributors  before  the  close  of  the  public
23    financing qualifying period.
24        (c)  The State Board must verify a candidate's compliance
25    with the requirements of subsection (b) by  any  verification
26    and  sampling  techniques  that  the  State  Board  considers
27    appropriate.
28        (d)  Each  candidate  must  acknowledge  each  qualifying
29    contribution  by  a  receipt to the contributor that contains
30    the contributor's name and home address.   A  candidate  must
31    file a qualifying report with the State Board of Elections.
32        (e)  A  qualifying  contribution may be used only for the
33    purpose of making an expenditure authorized by law.
 
                            -5-      LRB093 06418 BDD 06541 b
 1        Section 15. Time of application; general election.
 2        (a)  Before a candidate may be certified as eligible  for
 3    receipt  of  public  financing  for  a general  election, the
 4    candidate must apply to the State  Board  and  file  a  sworn
 5    statement   that   the   candidate   has  fulfilled  all  the
 6    requirements of this Act during the primary election campaign
 7    period and will comply with  the  requirements  of  this  Act
 8    during  the general election campaign period. The application
 9    must be filed no later than the 7th day after the date of the
10    general primary election.
11        (b)  The State Board  must  certify  a  candidate  as  an
12    eligible  candidate  for  receipt  of  public financing for a
13    general election campaign period if  the  candidate  complies
14    with  subsection  (a)  and  the  candidate  was  an  eligible
15    candidate during the primary election campaign period.

16        Section 20. Agreement by candidate. An eligible candidate
17    who  accepts a public financing benefit under this Act during
18    the primary election campaign period  must  agree  to  comply
19    with  all  requirements  of  this  Act throughout the general
20    election campaign period as  a  precondition  to  receipt  of
21    public  financing. An eligible candidate who accepts a public
22    financing benefit during a primary election  campaign  period
23    may not elect to accept private contributions in violation of
24    this Act during the corresponding election campaign period.

25        Section    25.   Requirements   imposed   upon   eligible
26    candidates.
27        (a)  An  eligible  candidate  may  not   accept   private
28    contributions   other   than  seed  money  contributions  and
29    qualifying contributions.
30        (b)  In addition to reports required to  be  filed  under
31    the   Election  Code,  a  candidate  who  receives  a  public
32    financing benefit must furnish  complete  financial  records,
 
                            -6-      LRB093 06418 BDD 06541 b
 1    including  records  of  seed  money contributions, qualifying
 2    contributions, and expenditures on the last day of the month.
 3        (c)  In addition  to  adhering  to  requirements  imposed
 4    under  the  Election  Code, a candidate who receives a public
 5    financing benefit must maintain records of all  contributions
 6    of  at  least $5 and not more than $100, including seed money
 7    contributions and qualifying contributions, that contain  the
 8    full  name of the contributor and the contributor's full home
 9    address.
10        (d)  The failure to record  or  provide  the  information
11    specified  in subsection (c) disqualifies a contribution from
12    counting as a qualifying contribution.
13        (e)  No eligible candidate and  no  person  acting  on  a
14    candidate's  behalf  may deposit any contribution that is not
15    recorded in accordance with subsection (c) in  a  candidate's
16    campaign account.
17        (f)  No  eligible  candidate  may accept more than $25 in
18    cash from any contributor.

19        Section 30. Personal funds of candidates.
20        (a)  The  personal  funds  of   an   eligible   candidate
21    contributed  as  seed  money  contributions may not exceed an
22    aggregate amount of $10,000.  This includes  funds  from  the
23    candidate's immediate family.
24        (b)  No  eligible  candidate  may  make  any  expenditure
25    derived  from  personal  funds  after the close of the public
26    financing qualifying period.
27        (c)  Eligible candidates may not loan personal  funds  to
28    their campaign.

29        Section 35. Seed money contributions.
30        (a)  An   eligible   candidate   may  accept  seed  money
31    contributions from  any  individual  or  political  committee
32    before  the  end  of  the public financing qualifying period,
 
                            -7-      LRB093 06418 BDD 06541 b
 1    provided the total contributions from one contributor, except
 2    personal  funds  and   qualifying   contributions   otherwise
 3    permitted  under  this  Act,  do  not  exceed  $100  and  the
 4    aggregate  contributions,  including  personal  funds but not
 5    including qualifying contributions, do not exceed $30,000.
 6        (b)  An eligible candidate  may  make  expenditures  from
 7    seed  money  contributions only during the exploratory period
 8    and the public financing qualifying period.

 9        Section 40. Excess contributions.  An  amount  equivalent
10    to  the  excess  contributions  must be deducted by the State
11    Board  from  the  candidate's  public  financing  benefit.  A
12    candidate must return to the State Board all seed  money  and
13    personal contributions, including in-kind contributions, that
14    exceed  the  limits  prescribed in Section 35 within 48 hours
15    after the end of the exploratory period. The State Board must
16    deposit all contributions returned under  this  Section  into
17    the Illinois Supreme Court Democracy Trust Fund.

18        Section 45. Certification by candidate; line of credit.
19        (a)  To apply for a public financing benefit, a candidate
20    must  certify  to  the  State  Board  that  the candidate has
21    complied and will comply, throughout the applicable campaign,
22    with all requirements of this Act and  that  all  disclosures
23    required  at  the  time  of  application have been made.  The
24    candidate must present evidence of the  requisite  number  of
25    qualifying  contributions  received  by  the  candidate.  The
26    candidate's  request  for certification must be signed by the
27    candidate and the  treasurer  of  the  candidate's  political
28    committee.
29        (b)  The  State  Board  must  distribute to each eligible
30    candidate at the general primary election a  line  of  credit
31    for   public   financing   promptly   after   the   candidate
32    demonstrates  his  or  her eligibility and, in any event, not
 
                            -8-      LRB093 06418 BDD 06541 b
 1    later than 5 days after  the  end  of  the  public  financing
 2    qualifying  period;  provided, however, that no candidate may
 3    use a line of credit distributed under this subsection  until
 4    the beginning of the primary election campaign period.
 5        (c)  The  State  Board  must  distribute to each eligible
 6    candidate for Judge of  the  Supreme  Court  in  the  general
 7    election a line of credit for public financing not later than
 8    48  hours  after the date of the general primary election for
 9    the office of Judge of the Supreme Court.  No  candidate  for
10    Judge of the Supreme Court may receive a line of credit until
11    all  candidates  for Judge of the Supreme Court who apply and
12    qualify for a public financing benefit have been certified as
13    eligible candidates.
14        (d)  If any candidate who  receives  a  public  financing
15    benefit  violates the requirements of this Act, the candidate
16    will be subject to the penalties and enforcement outlined  in
17    Section  70.  The  State  Board  must  deposit all repayments
18    received under this  subsection  into  the  Illinois  Supreme
19    Court Democracy Trust Fund.

20        Section 50. Public financing benefits.
21        (a)  The  State  Board  must  provide  to  each  eligible
22    candidate who qualifies to receive a public financing benefit
23    for  the primary or general election campaign period separate
24    lines of credit for the primary and general election campaign
25    periods in the amounts specified in this Section  subject  to
26    any  required  adjustment under Section 40, 55, 60, or 80. An
27    eligible candidate may use this credit to finance any  lawful
28    expenditures during the primary and general election campaign
29    periods.  An  eligible  candidate  may not use this credit to
30    repay any  loan  in  violation  of  this  Act  or  any  other
31    applicable law.
32        (b)  The  total  public  financing  benefit  available to
33    eligible candidates for  the  primary  and  general  election
 
                            -9-      LRB093 06418 BDD 06541 b
 1    shall be $750,000, subject to adjustment by subsection (e) of
 2    this  Section.  Matching  funds  that become available due to
 3    Section 55 or Section 60 are not counted  toward  the  public
 4    financing   benefit.   Eligible  candidates  may  decide  the
 5    allocation of their  benefit  between  the  primary  election
 6    campaign  period  and  the  general election campaign period,
 7    provided that no candidate may allocate less than 20% or more
 8    than 80% during the primary election campaign period, nor may
 9    a  candidate  allocate  more  then  80%  during  the  general
10    election  campaign  period.  Any  portion  of   the   benefit
11    allocated  but  unspent  or  uncommitted  for expenses at the
12    close of the primary election campaign  period  is  forfeited
13    and  may  not  be  spent during the general election campaign
14    period.
15        (c)  Instead  of  the   public   financing   benefit   in
16    subsection (b), an eligible candidate who is unopposed, other
17    than  by  write-in  candidates,  in  a primary election shall
18    receive a public financing  allocation  of  $50,000  for  the
19    primary election campaign period.
20        (d)  Instead   of  the  benefit  in  subsection  (b),  an
21    eligible candidate who is unopposed, other than  by  write-in
22    candidates,  in  a  general  election  shall receive a public
23    financing allocation of  $75,000  for  the  general  election
24    campaign period.
25        (e)  An eligible candidate in a general election in which
26    there  are  no  other  candidates  whose  names appear on the
27    ballot must receive a line  of  credit  of  $75,000  for  the
28    election campaign period, beginning the day after the primary
29    election and ending 90 days after the general election.
30        (f)  Notwithstanding  subsection  (b), beginning on April
31    1, 2007 and every 2 years thereafter, the  State  Board  must
32    modify   the   public  financing  benefits  provided  for  in
33    subsection (b) to adjust for the change in the Consumer Price
34    Index, All Items, U. S. City Average, published by the United
 
                            -10-     LRB093 06418 BDD 06541 b
 1    States Department of Labor for the  preceding  2-year  period
 2    ending on December 31.

 3        Section   55.  Financial  activity  by  non-participating
 4    candidates.
 5        (a)  In addition to other  reports  required  by  law,  a
 6    non-participating  candidate  for  the office of Judge of the
 7    Supreme Court at the general primary election or the  general
 8    election  who receives contributions or makes or obligates to
 9    make expenditures in an amount more than 5% greater than  the
10    public  financing benefit applicable to an eligible candidate
11    for the same office at the same general primary  election  or
12    general  election  must  file  a  report with the State Board
13    itemizing the total contributions received  and  expenditures
14    made  or obligated to be made by the candidate as of the date
15    of the report. The State Board must transmit  copies  of  the
16    report  to  all  candidates  for  the  office of Judge of the
17    Supreme Court  at  the  same  election.  A  non-participating
18    candidate  must  file  additional reports after the candidate
19    makes  or  obligates  to  make  each  additional  $1,000   of
20    expenditures.  If  the  contributions  are  received  or  the
21    expenditures  are  made  or  obligated to be made more than 6
22    weeks before the date of  the  general  primary  election  or
23    general  election  at which the name of the candidate appears
24    on the ballot, the reports must be made at the  next  regular
25    reporting  interval  under  Section 25. If the  contributions
26    are received or the expenditures are made or obligated to  be
27    made  within  6  weeks before the date of the general primary
28    election or  general  election  at  which  the  name  of  the
29    candidate  appears  on  the  ballot, the reports must be made
30    within  24  hours  after   each   instance   in   which   the
31    contributions  are  received  or the expenditures are made or
32    obligated to be made.
33        (b)  Upon receipt of the  information,  the  State  Board
 
                            -11-     LRB093 06418 BDD 06541 b
 1    shall immediately notify all opposing eligible candidates. If
 2    a  non-participating  candidate makes expenditures or becomes
 3    obligated  to  make  expenditures  that  exceed  the   public
 4    financing benefit, an eligible candidate may request matching
 5    funds   up  to  the  amount  by  which  the  expenditures  or
 6    obligations of the  non-participating  candidate  exceed  the
 7    public  financing  benefit. If an eligible candidate requests
 8    these matching  funds,  the  State  Board  shall  immediately
 9    credit  his  or her account with an additional line of credit
10    equivalent to the request, provided that  the  sum  total  of
11    matching  funds  credited  to  the  candidate  in the primary
12    election campaign period and the  general  election  campaign
13    period    for    independent   expenditures,   electioneering
14    communication    expenses    under    Section     60,     and
15    non-participating  expenses  may  not exceed the value of the
16    public financing benefit. Any matching  funds  requested  but
17    not  spent  or  committed  at  the  conclusion of the primary
18    election campaign period are forfeited and may not  be  spent
19    during the general election campaign period.

20        Section  60.  Independent expenditures and electioneering
21    communications.
22        (a)  If any person makes, or becomes obligated  to  make,
23    by  oral  or written agreement an independent expenditure and
24    electioneering  communications  in  excess  of  $1,000   with
25    respect to a candidate for the office of Judge of the Supreme
26    Court  at  a general primary or general election, that person
27    must file with the State Board a notice of  such  expenditure
28    or  obligation  to  make such an expenditure. Any such person
29    must file reports of the expenditures or obligations to  make
30    the  expenditures  on  the 15th or last day of the month that
31    immediately follows  the  date  of  the  expenditure  or  the
32    obligation  to  make  the expenditure, whichever comes first,
33    except that, within 6 weeks before the date  of  the  general
 
                            -12-     LRB093 06418 BDD 06541 b
 1    primary  election  or  general election, the person must file
 2    the  reports  within  24   hours   after   each   independent
 3    expenditure  is made or obligated to be made. Any such person
 4    must file additional reports after each additional $1,000  of
 5    expenditures are made or obligated to be made.
 6        (b)  When  the  aggregate of independent expenditures and
 7    electioneering communication expenditures against an eligible
 8    candidate  for  an  office  or  for  the  opponents  of  that
 9    candidate exceed 10% of the public financing benefit for that
10    office in any campaign  an  eligible  candidate  may  request
11    matching  funds  of  up  to  the  amount  of  the independent
12    expenditure or electioneering  communication  expense.  If  a
13    candidate  requests  matching  funds,  the  State  Board must
14    immediately  credit  that   candidate's   account   with   an
15    additional line of credit equivalent to the amount requested,
16    provided that the sum total of matching funds credited to the
17    candidate  in  the  primary  election campaign period and the
18    general   election   campaign    period    for    independent
19    expenditures,   electioneering  communication  expenses,  and
20    non-participating expenses under Section 55  may  not  exceed
21    the value of the public financing benefit. Any matching funds
22    requested but not spent or committed at the conclusion of the
23    primary election campaign period are forfeited and may not be
24    spent during the general election campaign period.

25        Section 65. Illinois Supreme Court Democracy Trust Fund.
26        (a)  All  moneys  collected under Sections 40, 45, and 70
27    of this Act shall be  deposited  into  the  Illinois  Supreme
28    Court  Democracy  Trust  Fund,  a special fund created in the
29    State treasury, and, subject to appropriation, may be used by
30    the State Board of Elections for the purposes  of  this  Act.
31    The  State  Treasurer,  in consultation with the State Board,
32    must contract with a debit card  issuer  to  permit  eligible
33    candidates  and their agents to draw upon moneys appropriated
 
                            -13-     LRB093 06418 BDD 06541 b
 1    from the Fund through an account with the card issuer.
 2        (b)  Upon a determination of  a  candidate's  eligibility
 3    for  a public financing benefit as provided for in subsection
 4    (a) of Section 45,  the State Treasurer  must  issue  to  the
 5    eligible  candidate  a debit card, known as the fair election
 6    debit  card,  entitling  the  candidate  and  agents  of  the
 7    candidate designated by the candidate to draw money  from  an
 8    account to make expenditures on behalf of the candidate.
 9        (c)  No  eligible  candidate  or  agent  of  an  eligible
10    candidate  may  make any expenditure by any other means other
11    than through the use of the fair election debit card. No such
12    candidate or agent may use a  fair  election  debit  card  to
13    obtain  cash, except that cash amounts of $100 or less may be
14    drawn on the fair  election  debit  card  and  used  to  make
15    expenditures  of  no  more  than  $25  each. A candidate must
16    maintain records of all such expenditures and must report the
17    expenditures to the State Board in  accordance  with  Section
18    25.

19        Section 70. Penalties; enforcement.
20        (a)  If  an  eligible  candidate  makes expenditures that
21    exceed  the  public  financing  benefit  allocated   to   the
22    candidate  for any campaign, the candidate may be required to
23    forfeit to the Illinois Supreme Court Democracy Trust Fund an
24    amount equal to not more than 10 times and not  less  than  2
25    times  the  amount  by  which  the  expenditures exceeded the
26    allocation.
27        (b)  Any eligible candidate who accepts contributions  in
28    excess  of  any  limitation  imposed  under  this  Act may be
29    required to forfeit to the Illinois Supreme  Court  Democracy
30    Trust  Fund an amount equal to not more than 10 times and not
31    less than 2 times  the  amount  by  which  the  contributions
32    exceed the applicable limitation.
33        (c)  If  the  State  Board finds that there is reasonable
 
                            -14-     LRB093 06418 BDD 06541 b
 1    cause  to  believe  that  a   candidate   has   made   excess
 2    expenditures   or   has   accepted  excess  contributions  in
 3    violation of the Act, the State  Board  must  attempt  for  a
 4    period  of not more than 14 days after its finding to correct
 5    the matter by informal methods of conference and conciliation
 6    and to enter into a  settlement  and  conciliation  agreement
 7    with  the  candidate  involved. A settlement and conciliation
 8    agreement made under this  subsection  is  a  public  record.
 9    Unless violated, a settlement and conciliation agreement is a
10    bar to any civil action under subsection (d).
11        (d)  If  the  State Board has reasonable cause to believe
12    that a candidate has made excess expenditures or has accepted
13    excess contributions and the State Board is unable to correct
14    the matter by informal methods within the time prescribed  in
15    subsection (c), the State Board must make a public finding of
16    reasonable  cause  in  the  matter.  After  making  a  public
17    finding,  the  State Board may bring an action in the circuit
18    court to impose a forfeiture under subsection (a) or (b).
19        (e)  If an elector believes that a candidate has violated
20    this Act and the elector is entitled to vote for  or  against
21    the  candidate  in  the election in connection with which the
22    violation is alleged to have occurred, the elector may file a
23    complaint with the State Board requesting it to take remedial
24    action. If the State Board refuses to  take  remedial  action
25    or, within 30 days after the filing of  a complaint, fails to
26    take remedial action, the elector may commence a civil action
27    in   the  appropriate  circuit  court  under  subsection  (d)
28    requesting the court to impose a forfeiture under  subsection
29    (a) or (b).
30        (f)  The  State Board and the circuit court must expedite
31    all proceedings under this Section  so  that  all  complaints
32    brought  prior  to  an  election  are resolved, to the extent
33    possible, before the election is held.
34        (g)  If  a  complaint  brought  under  this  Section   is
 
                            -15-     LRB093 06418 BDD 06541 b
 1    resolved  against  the  complainant and is found to have been
 2    brought in bad faith and without reasonable  basis  therefor,
 3    the  circuit  court  may  assess  costs, including reasonable
 4    attorney fees, against the complainant.

 5        Section 75. Prohibited acts.
 6        (a)  If an eligible candidate  or  agent  of  a  eligible
 7    candidate  knowingly  accepts  more  contributions  than  the
 8    candidate  is  entitled  to  receive  or  makes  expenditures
 9    exceeding the amount of the public financing benefit received
10    by  the  candidate,  the  candidate  or agent  is guilty of a
11    Class 3 felony.
12        (b)  If a  candidate  who  receives  a  public  financing
13    benefit,  or  an agent of that a candidate, knowingly makes a
14    expenditure by means other  than  through  use  of  the  fair
15    election debit card, except as permitted under subsection (c)
16    of  Section 65, the candidate or agent is guilty of a Class 3
17    felony.
18        (c)  If, in connection with the receipt or expenditure of
19    a public financing benefit  for  an  election  campaign,  any
20    person  knowingly  provides  false  information  to the State
21    Board, or knowingly conceals or  withholds  information  from
22    the State Board, that person is guilty of a Class 3 felony.

23        Section    85.   Contributions   into   non-participating
24    candidates; attributions. A non-participating  candidate  may
25    accept  contributions  from  private  sources  in  amounts no
26    greater than $1,000 in the aggregate, during  the  prescribed
27    campaign periods.

28        Section   90.   Deposits   into  Illinois  Supreme  Court
29    Democracy  Trust  Fund.  The  Department  of  Revenue   shall
30    transfer  to  the Illinois Supreme Court Democracy Trust Fund
31    any  amounts  contributed  to  the  Illinois  Supreme   Court
 
                            -16-     LRB093 06418 BDD 06541 b
 1    Democracy  Trust  Fund collected pursuant to Section 506.7 of
 2    the Illinois Income Tax Act.

 3        Section 95. Attorneys-at-law  contribution.  The  Supreme
 4    Court  may, in its discretion, require attorneys, licensed to
 5    practice in Illinois, to make monetary contributions  to  the
 6    Illinois Supreme Court Democracy Trust Fund not to exceed $25
 7    annually.

 8        Section  105.  Voluntary  contributions.  Individuals and
 9    other entities may make direct voluntary contributions to the
10    Illinois  Supreme  Court  Democracy  Trust   Fund.   However,
11    contributions may not exceed $1,000 per calendar year.

12        Section  110.   Fund  operational.  The  Illinois Supreme
13    Court Democracy Fund shall become operational when  the  Fund
14    has attained $5,000,000.

15        Section 115. Severability. The provisions of this Act are
16    severable.  If any provision of this Act is held invalid by a
17    court of competent  jurisdiction,  the  invalidity  does  not
18    affect  other  provisions of the Act that can be given effect
19    without the invalid provision.

20        Section 900.  The Election Code is  amended  by  changing
21    Sections  9-1.5, 9-1.7, 9-1.8, and 9-10 and by adding Section
22    9-1.5a as follows:

23        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
24        Sec. 9-1.5.  "Expenditure" means-
25        (1)  a payment, distribution,  purchase,  loan,  advance,
26    deposit, or gift of money or anything of value, in connection
27    with  the nomination for election, or election, of any person
28    to public office, in connection  with  the  election  of  any
 
                            -17-     LRB093 06418 BDD 06541 b
 1    person  as  ward  or  township  committeeman  in  counties of
 2    3,000,000 or more  population,  or  in  connection  with  any
 3    question  of  public  policy.   However, expenditure does not
 4    include -
 5             (a)  the use of real or personal  property  and  the
 6        cost  of  invitations,  food,  and beverages, voluntarily
 7        provided by an individual in rendering voluntary personal
 8        services on the  individual's  residential  premises  for
 9        candidate-related  activities;  provided the value of the
10        service provided does not exceed an aggregate of $150  in
11        a reporting period;
12             (b)  the  sale  of  any food or beverage by a vendor
13        for use in a candidate's campaign at a charge  less  than
14        the normal comparable charge, if such charge for use in a
15        candidate's  campaign  is  at  least equal to the cost of
16        such food or beverage to the vendor.
17        (2)  a transfer of funds between political committees.
18        (3)  a payment for electioneering communications.
19    (Source: P.A. 89-405, eff. 11-8-95.)

20        (10 ILCS 5/9-1.5 new)
21        Sec  9-1.5.  "Electioneering  Communications"  means  any
22    broadcast, cable, or satellite communication that refers to a
23    clearly identified candidate for public office, that is  made
24    within  60  days  before  a  general  election for the office
25    sought by the candidate or 30 days before a  general  primary
26    election  for the office sought by the candidate, and that is
27    broadcast to voters in the district where the candidate is on
28    the ballot.  "Electioneering communications" does not mean  a
29    communication  appearing  in  a  news  story,  commentary, or
30    editorial included in the course of regularly scheduled  news
31    coverage  or  a  communication  which constitutes a candidate
32    debate or forum.
 
                            -18-     LRB093 06418 BDD 06541 b
 1        (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
 2        Sec.  9-1.7.  "Local  political  committee"   means   the
 3    candidate  himself  or  any  individual,  trust, partnership,
 4    committee, association, corporation, or other organization or
 5    group of persons that which:
 6             (a)  accepts  contributions  or  grants   or   makes
 7        expenditures  during  any 12-month period in an aggregate
 8        amount exceeding $3,000 on behalf of or in opposition  to
 9        a  candidate  or  candidates  for  public  office who are
10        required by the Illinois Governmental Ethics Act to  file
11        statements  of  economic interests with the county clerk,
12        or on behalf of  or  in  opposition  to  a  candidate  or
13        candidates for election to the office of ward or township
14        committeeman in counties of 3,000,000 or more population;
15             (b)  accepts  contributions  or  makes  expenditures
16        during   any  12-month  period  in  an  aggregate  amount
17        exceeding $3,000 in support of or in  opposition  to  any
18        question of public policy to be submitted to the electors
19        of an area encompassing no more than one county; or
20             (c)  accepts  contributions  or  makes  expenditures
21        during   any  12-month  period  in  an  aggregate  amount
22        exceeding $3,000 and  has  as  its  primary  purpose  the
23        furtherance  of governmental, political or social values,
24        is  organized  on  a  not-for-profit  basis,  and   which
25        publicly  endorses  or  publicly  opposes  a candidate or
26        candidates for public office  who  are  required  by  the
27        Illinois  Governmental  Ethics  Act to file statements of
28        economic interest with the County Clerk or a candidate or
29        candidates  for  the   office   of   ward   or   township
30        committeeman in counties of 3,000,000 or more population;
31        or
32        (d)  accepts  contributions  or makes expenditures during
33    any 12-month period in an aggregate amount  exceeding  $3,000
34    for the purpose of electioneering communications.
 
                            -19-     LRB093 06418 BDD 06541 b
 1    (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)

 2        (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
 3        Sec.   9-1.8.   "State  political  committee"  means  the
 4    candidate himself  or  any  individual,  trust,  partnership,
 5    committee,    association,    corporation,   or   any   other
 6    organization or group of persons that which--
 7        (a)  accepts   contributions   or   grants    or    makes
 8    expenditures  during  any  12-month  period  in  an aggregate
 9    amount exceeding $3,000 on behalf of or in  opposition  to  a
10    candidate or candidates for public office who are required by
11    the  Illinois  Governmental  Ethics Act to file statements of
12    economic interests with the Secretary of State,
13        (b)  accepts contributions or makes  expenditures  during
14    any  12-month  period in an aggregate amount exceeding $3,000
15    in support of or in opposition  to  any  question  of  public
16    policy   to   be   submitted  to  the  electors  of  an  area
17    encompassing more than one county, or
18        (c)  accepts contributions or makes  expenditures  during
19    any  12-month  period in an aggregate amount exceeding $3,000
20    and  has  as  its  primary   purpose   the   furtherance   of
21    governmental,  political  or social values, is organized on a
22    not-for-profit basis, and which publicly endorses or publicly
23    opposes a candidate or candidates for public office  who  are
24    required  by  the  Illinois  Governmental  Ethics Act to file
25    statements of economic interest with the Secretary of  State,
26    or
27        (d)  accepts  contributions  or makes expenditures during
28    any 12-month period in an aggregate amount  exceeding  $3,000
29    for the purpose of electioneering communications.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
32        Sec. 9-10.  Financial reports.
 
                            -20-     LRB093 06418 BDD 06541 b
 1        (a)  The treasurer of every state political committee and
 2    the  treasurer  of every local political committee shall file
 3    with the Board, and the treasurer of  every  local  political
 4    committee  shall  file  with  the  county  clerk,  reports of
 5    campaign contributions, and semi-annual reports  of  campaign
 6    contributions  and  expenditures on forms to be prescribed or
 7    approved by the Board.   The  treasurer  of  every  political
 8    committee that acts as both a state political committee and a
 9    local  political  committee  shall file a copy of each report
10    with the State Board  of  Elections  and  the  county  clerk.
11    Entities subject to Section 9-7.5 shall file reports required
12    by  that  Section  at  times provided in this Section and are
13    subject to the penalties provided in this Section.
14        (b)  Reports of campaign contributions shall be filed  no
15    later   than  the  15th  day  next  preceding  each  election
16    including a primary election in  connection  with  which  the
17    political    committee   has   accepted   or   is   accepting
18    contributions or has made or is  making  expenditures.   Such
19    reports  shall  be complete as of the 30th day next preceding
20    each election including a primary election.  The Board  shall
21    assess  a  civil penalty not to exceed $5,000 for a violation
22    of this  subsection,  except  that  for  State  officers  and
23    candidates  and  political  committees  formed  for statewide
24    office, the civil penalty may not exceed $10,000.  The  fine,
25    however,  shall  not exceed $500 for a first filing violation
26    for filing less than 10 days after the deadline. There  shall
27    be no fine if the report is mailed and postmarked at least 72
28    hours  prior  to the filing deadline. For the purpose of this
29    subsection, "statewide office" and "State officer" means  the
30    Governor, Lieutenant Governor, Attorney General, Secretary of
31    State,  Comptroller,  and  Treasurer.   However, a continuing
32    political committee that neither  accepts  contributions  nor
33    makes  expenditures  on  behalf  of  or  in opposition to any
34    candidate or public question on the  ballot  at  an  election
 
                            -21-     LRB093 06418 BDD 06541 b
 1    shall   not  be  required  to  file  the  reports  heretofore
 2    prescribed but may  file  in  lieu  thereof  a  Statement  of
 3    Nonparticipation  in the Election with the Board or the Board
 4    and the county clerk.
 5        (b-5)  Notwithstanding the provisions of subsection  (b),
 6    any  contribution  of  $500  or  more received in the interim
 7    between the last date of  the  period  covered  by  the  last
 8    report  filed  under subsection (b) prior to the election and
 9    the date of the election shall be reported within 2  business
10    days  after  its receipt. The State Board shall allow filings
11    under  this  subsection  (b-5)  to  be  made   by   facsimile
12    transmission.   For   the   purpose  of  this  subsection,  a
13    contribution is considered received on the  date  the  public
14    official,  candidate,  or  political committee (or equivalent
15    person in the  case  of  a  reporting  entity  other  than  a
16    political  committee) actually receives it or, in the case of
17    goods or services, 2 days after the date the public official,
18    candidate, committee, or other reporting entity receives  the
19    certification  required  under subsection (b) of Section 9-6.
20    Failure to report each contribution is a  separate  violation
21    of  this  subsection.   The  Board  shall  impose  fines  for
22    violations of this subsection as follows:
23             (1)  if the political committee's or other reporting
24        entity's  total receipts, total expenditures, and balance
25        remaining at the end of the last  reporting  period  were
26        each  $5,000  or less, then $100 per business day for the
27        first violation, $200 per business  day  for  the  second
28        violation,  and  $300  per business day for the third and
29        subsequent violations.
30             (2)  if the political committee's or other reporting
31        entity's total receipts, total expenditures, and  balance
32        remaining  at  the  end of the last reporting period were
33        each more than $5,000, then $200 per business day for the
34        first violation, $400 per business  day  for  the  second
 
                            -22-     LRB093 06418 BDD 06541 b
 1        violation,  and  $600  per business day for the third and
 2        subsequent violations.
 3        Notwithstanding paragraphs (1) and (2), if the  committee
 4    failed  to  report  expenditures  that could trigger matching
 5    funds under the Supreme Court Campaign Reform Act,  then  the
 6    Board  may  assess  a  fine  for each violation not to exceed
 7    $10,000 plus the value of the unreported expense.
 8        (c)  In addition to such reports the treasurer  of  every
 9    political   committee   shall  file  semi-annual  reports  of
10    campaign contributions and expenditures no  later  than  July
11    31st,  covering the period from January 1st through June 30th
12    immediately  preceding,  and  no  later  than  January  31st,
13    covering the period from July 1st through  December  31st  of
14    the  preceding  calendar  year.  Reports of contributions and
15    expenditures must be  filed  to  cover  the  prescribed  time
16    periods even though no contributions or expenditures may have
17    been  received  or  made  during  the period. The Board shall
18    assess a civil penalty not to exceed $5,000 for  a  violation
19    of  this  subsection,  except  that  for  State  officers and
20    candidates and  political  committees  formed  for  statewide
21    office,  the  civil penalty may not exceed $10,000. The fine,
22    however, shall not exceed $500 for a first  filing  violation
23    for  filing less than 10 days after the deadline. There shall
24    be no fine if the report is mailed and postmarked at least 72
25    hours prior to the filing deadline. For the purpose  of  this
26    subsection,  "statewide office" and "State officer" means the
27    Governor, Lieutenant Governor, Attorney General, Secretary of
28    State, Comptroller, and Treasurer.
29        (d)  A copy of each report or statement filed under  this
30    Article  shall  be  preserved  by  the person filing it for a
31    period of two years from the date of filing.
32    (Source: P.A. 90-737, eff. 1-1-99.)

33        Section 905.  The State Finance Act is amended by  adding
 
                            -23-     LRB093 06418 BDD 06541 b
 1    Section 5.595 as follows:

 2        (30 ILCS 105/5.595 new)
 3        Sec.  5.595.  The  Illinois Supreme Court Democracy Trust
 4    Fund.

 5        Section 910.  The Illinois Income Tax Act is  amended  by
 6    adding Section 506.7 as follows:

 7        (35 ILCS 5/506.7 new)
 8        Sec. 506.7.  Designation of tax to Illinois Supreme Court
 9    Democracy  Trust  Fund.  The  Department  shall  print on its
10    standard individual income tax form  a  provision  indicating
11    that  if  the  taxpayer  wishes to contribute to the Illinois
12    Supreme Court Democracy Trust Fund,  as  authorized  by  this
13    amendatory Act of the 93rd General Assembly, he or she may do
14    so  by  stating the amount of the contribution (not less than
15    $1) on the return and that the contribution will  reduce  the
16    taxpayers'  refund  or  increase  the  amount  of  payment to
17    accompany the return. Failure to  remit  any  amount  of  the
18    increased  payment shall reduce the contribution accordingly.
19    This Section does not apply to any amended return.  This  tax
20    checkoff  applies  to income tax forms for taxable years 2003
21    and thereafter.

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.
 
                            -24-     LRB093 06418 BDD 06541 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    New Act
 4    10 ILCS 5/9-1.5           from Ch. 46, par. 9-1.5
 5    10 ILCS 5/9-1.5 new
 6    10 ILCS 5/9-1.7           from Ch. 46, par. 9-1.7
 7    10 ILCS 5/9-1.8           from Ch. 46, par. 9-1.8
 8    10 ILCS 5/9-10            from Ch. 46, par. 9-10
 9    30 ILCS 105/5.595 new
10    35 ILCS 5/506.7 new