Illinois General Assembly - Full Text of SB1733
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Full Text of SB1733  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Heather A. Steans


See Index

    Creates the Small Donor Democracy Matching System for Fair Elections Act. Amends the Election Code. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special fund in the State treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign contribution matching system. Includes severability provisions. Effective immediately.

LRB101 08397 SMS 53467 b






SB1733LRB101 08397 SMS 53467 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be referred to as the
5Small Donor Democracy Matching System for Fair Elections Act.
6    Section 5. The Election Code is amended by changing Section
79-25.1 and by adding Article 9A as follows:
8    (10 ILCS 5/9-25.1)  (from Ch. 46, par. 9-25.1; formerly Ch.
9      46, pars. 102, 103 and 104)
10    Sec. 9-25.1. Election interference.
11    (a) As used in this Section, "public funds" means any funds
12appropriated by the Illinois General Assembly or by any
13political subdivision of the State of Illinois.
14    (b) No public funds shall be used to urge any elector to
15vote for or against any candidate or proposition, or be
16appropriated for political or campaign purposes to any
17candidate or political organization. This Section shall not
18prohibit the use of public funds for dissemination of factual
19information relative to any proposition appearing on an
20election ballot, or for dissemination of information and
21arguments published and distributed under law in connection
22with a proposition to amend the Constitution of the State of



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1Illinois. However, this Section does not apply to funds
2expended in connection with the campaign contribution matching
3program established in Article 9A of this Code or similar
4systems of public financing for elections established by a home
5rule unit of government.
6    (c) The first time any person violates any provision of
7this Section, that person shall be guilty of a Class B
8misdemeanor. Upon the second or any subsequent violation of any
9provision of this Section, the person violating any provision
10of this Section shall be guilty of a Class A misdemeanor.
11(Source: P.A. 87-1052.)
12    (10 ILCS 5/Art. 9A heading new)

14    (10 ILCS 5/9A-5 new)
15    Sec. 9A-5. Legislative findings. The General Assembly
16finds that the current campaign finance system:
17        (1) discourages many otherwise qualified candidates
18    from running for office because of the need to raise
19    substantial sums of money to be competitive and to enable
20    them to adequately get their message out to voters;
21        (2) forces candidates to raise larger and larger
22    percentages of money from interest groups that have a
23    specific financial stake in matters before State
24    government to keep pace with rapidly increasing campaign



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1    costs;
2        (3) diminishes elected officials' accountability to
3    their constituents by compelling them to be
4    disproportionately accountable to the relatively small
5    group of contributors who finance their election
6    campaigns;
7        (4) diminishes the rights of all citizens to equal and
8    meaningful participation in the democratic process;
9        (5) disadvantages challengers, because campaign
10    contributors tend to give their money to incumbents, thus
11    causing elections to be less competitive;
12        (6) burdens candidates with the incessant rigors of
13    fundraising and thus decreases the time available to carry
14    out their public responsibilities; and
15        (7) necessitates the creation of a Fair Elections Small
16    Donor Democracy Matching System to address these concerns.
17    (10 ILCS 5/9A-10 new)
18    Sec. 9A-10. Scope. The program created under this Article
19applies to candidates for the offices of Governor, Attorney
20General, State Comptroller, State Treasurer, Secretary of
21State, State Senator, and State Representative. Candidates for
22these offices are eligible to participate in the matching funds
23program established by this Article.
24    (10 ILCS 5/9A-15 new)



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1    Sec. 9A-15. Definitions. As used in this Article:
2    "Board" means the Campaign Finance Board of the State Board
3of Elections created under this Article.
4    "Candidate" means any person who seeks nomination for
5election, election to, or retention in public office as a
6Constitutional State Officer or a member of the Illinois Senate
7or General Assembly. A person seeks nomination for election,
8election, or retention if he or she (1) takes the action
9necessary under the laws of this State to attempt to qualify
10for nomination for election, election to, or retention in
11public office or (2) receives contributions or makes
12expenditures, or gives consent for any other person to receive
13contributions or make expenditures with a view to bringing
14about his or her nomination for election or election to or
15retention in public office.
16    "Contribution" has the meaning ascribed to it in Section
179-1.4 of this Code, but does not include anything deemed an
18independent expenditure under this Article.
19    "Coordination" means an expenditure made in cooperation,
20consultation, or concert with or at the request or suggestion
21of a candidate, an authorized committee of a candidate, a
22political committee of a political party, or agents of the
23candidate or candidate political committee, or any payment for
24any communication which republishes, disseminates, or
25distributes, in whole or in part, any broadcast or any written,
26graphic, or other form of campaign material prepared by the



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1candidate or his or her candidate political committee or their
3    "Election cycle" means the time beginning on the January 1
4following a general election and ending on the December 31
5following the next general election.
6    "Expenditure" means:
7        (1) a payment, distribution, purchase, loan, advance,
8    deposit, gift of money, or anything of value, in connection
9    with the nomination for election, election, or retention of
10    any person to or in public office or in connection with any
11    question of public policy; or
12        (2) a payment, distribution, purchase, loan, advance,
13    deposit, gift of money, or anything of value that
14    constitutes an electioneering communication made in
15    concert or cooperation with or at the request, suggestion,
16    or knowledge of a candidate, a political committee, or any
17    of their agents; or a transfer of funds by a political
18    committee to another political committee.
19    However, "expenditure" does not include:
20        (A) the use of real or personal property and the cost
21    of invitations, food, and beverages, voluntarily provided
22    by an individual in rendering voluntary personal services
23    on the individual's residential premises for
24    candidate-related activities; provided the value of the
25    service provided does not exceed an aggregate of $150 in a
26    reporting period as the Board may further define; or



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1        (B) sale of any food or beverage by a vendor for use in
2    a candidate's campaign at a charge less than the normal
3    comparable charge, if such charge for use in a candidate's
4    campaign is at least equal to the cost of such food or
5    beverage to the vendor.
6    "Fund" means the Small Donor Democracy Matching Fund
7established under this Article.
8    "Immediate family" means a person's parents, siblings,
9spouse, and children.
10    "Independent expenditure" means an expenditure by anyone,
11including, but not limited to, any individual, corporation,
12partnership, political action committee, association, or
13party, that would otherwise constitute a contribution or
14expenditure under this Article, but that is made without any
15cooperation, consultation, or agreement with any political
17    "Initial qualifying contribution" means a qualified
18contribution used for the purpose of determining whether a
19candidate has raised the minimum number of contributions to
20participate in the small donor matching funds system under this
22    "Matching funds" means funds paid to a participating
23candidate under this Article.
24    "Matching funds program" means the campaign donation
25matching funds program created under this Article.
26    "Nomination period" means the period specified under this



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1Code during which candidates must submit nomination papers for
2any of the State offices covered by this Article.
3    "Non-participating candidate" means any candidate who is
4not a participating candidate, including any candidate who has
5not qualified for matching funds or who has elected not to
6participate in the matching funds program.
7    "Participating candidate" means a candidate who qualifies
8for matching funds under this Article and opts to participate
9in the matching funds program created under this Article.
10    "Qualified contribution" means a monetary contribution not
11less than $25 and not greater than the initial $150 of any
12contribution made by a qualified contributor.
13    "Qualified contributor" means a natural person resident in
14the State who will be eligible to vote within the current
15election cycle other than the candidate, members of the
16candidate's immediate family, and any political action
17committee controlled by the candidate.
18    "Qualifying period" means the period beginning the day
19after the date of the most recent general election for the
20specific office or seat that a candidate is seeking and ending
21on the day prior to the election (whether primary or general
22election) for which the matching funds are sought.
23    (10 ILCS 5/9A-20 new)
24    Sec. 9A-20. Small Donor Democracy Matching Fund.
25    (a) There is created a Small Donor Democracy Matching Fund



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1as a special fund in the State treasury. The Fund is
2established for the purposes of:
3        (1) providing public financing for the election
4    campaigns of participating candidates under this Article;
5    and
6        (2) paying for the administrative and enforcement
7    costs of the Board related to the matching funds program
8    created by this Article.
9    (b) The General Assembly shall annually appropriate either
10$1 per resident of this State or one-twentieth of 1% of the
11State's annual budget, whichever is greater, to the Fund. The
12General Assembly shall appropriate no more than $50,000,000 to
13the Fund in any election cycle.
14    (c) Other revenue that shall be deposited into the Fund
16        (1) any funds returned by any participating candidate
17    that remain unspent by a participating candidate following
18    the date of the election for which they were distributed,
19    in accordance with subsection (c) of Section 9A-55 of this
20    Code;
21        (2) fines levied by the Board or courts against
22    candidates for violations of this Code, except as otherwise
23    provided by this Code; and
24        (3) voluntary donations made directly to the Fund.
25    (10 ILCS 5/9A-25 new)



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1    Sec. 9A-25. Eligibility for matching funds.
2    (a) To be eligible to be certified as a participating
3candidate, a candidate must:
4        (1) During the qualifying period for the election
5    involved, choose to participate in the matching funds
6    program by filing with the Board a written application for
7    certification as a participating candidate in such form as
8    may be prescribed by the Board, containing the identity of
9    the participating candidate, the office that the
10    participating candidate seeks, and the participating
11    candidate's signature, under penalty of perjury,
12    certifying that:
13            (A) the participating candidate has complied since
14        the last election or the effective date of this
15        amendatory Act of the 101st General Assembly,
16        whichever is most recent, and will continue to comply,
17        with the restrictions of this Article during the
18        applicable election cycle; a candidate who has
19        accepted impermissible contributions prior to filing
20        to participate in this program shall return any such
21        impermissible contributions prior to filing to
22        participate in this matching funds program to the
23        extent practical, as determined by the Board in adopted
24        rules; and
25            (B) the participating candidate's campaign
26        committee has filed all campaign finance reports



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1        required by law during the applicable election cycle to
2        date and that they are complete and accurate.
3        (2) Sign a participating candidate contract signifying
4    the candidate's prior compliance and continuing commitment
5    to comply with the requirements of this Article, to comply
6    with the contribution limits set forth in this Article and
7    in that contract, and to comply with any other requirements
8    set forth in that contract.
9        (3) Meet all requirements of applicable law to be
10    listed on the ballot.
11        (4) Before the close of the qualifying period, collect
12    at least the following number of initial qualifying
13    contributions for the following offices: 1,000 for
14    candidates for Governor; 500 for candidates for Lieutenant
15    Governor, Attorney General, State Comptroller, State
16    Treasurer, and Secretary of State; 200 for candidates for
17    State Senator; and 100 for candidates for State
18    Representative.
19        Each initial qualifying contribution shall:
20            (A) have the initial qualified contributor's
21        signature, or an electronic equivalent for any
22        donations received on-line, signifying that the
23        initial qualified contributor understands that the
24        purpose of the initial qualifying contribution is to
25        help the candidate qualify for the matching funds
26        program and that the contribution is made without



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1        coercion or reimbursement; and
2            (B) be acknowledged by a written receipt, or the
3        electronic equivalent for any donation received
4        on-line, to the initial qualified contributor, with a
5        copy retained by the candidate; the receipt shall
6        include the initial qualified contributor's signature,
7        printed name, home address, and telephone number, if
8        any, and the name of the candidate on whose behalf the
9        contribution is made.
10        A contribution for which a candidate has not obtained a
11    signed and fully completed receipt, or its electronic
12    equivalent, shall not be counted as an initial qualifying
13    contribution for the purpose of satisfying this
14    qualification requirement.
15    (b) In addition to the requirements of subsection (a) of
16this Section, in order for a candidate for Governor or
17Lieutenant Governor to be eligible to be certified as a
18participating candidate, the other member of the team of
19candidates for the offices of Governor and Lieutenant Governor
20must also be a participating candidate.
21    (c) To remain eligible to continue to receive matching
22funds under this Article, a candidate must:
23        (1) maintain records of all contributions, receipts,
24    and expenditures as required by the Board;
25        (2) obtain and furnish to the Board any information it
26    may request relating to his or her campaign expenditures,



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1    contributions, and qualified contributions and furnish any
2    documentation and other proof of compliance with this
3    Article as may be requested by the Board; and
4        (3) remain in compliance with the requirements set
5    forth in this Article.
6    (d) At the earliest practicable time after a candidate
7files a written application for certification as a
8participating candidate with the Board, in no event more than
910 business days, the Board shall certify in writing that the
10candidate is or is not eligible. Eligibility may be revoked if
11the Board determines, after appropriate due process, that a
12candidate has committed a substantial violation of the
13requirements of this Article, in which case all matching funds
14granted to the candidate shall be repaid to the Fund. A
15determination shall be made by the Board after an appropriate
16hearing, affording due process to the aggrieved party, under
17rules adopted by the Board that further define what constitutes
18a "substantial violation" and that set forth the procedures to
19be followed in connection with any such hearing.
20    (10 ILCS 5/9A-30 new)
21    Sec. 9A-30. Matching funds payments.
22    (a) A candidate who is certified as a participating
23candidate shall receive payment of matching funds equal to 6
24times the amount of qualified contributions received by the
25participating candidate during the election cycle with respect



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1to a single election subject to the aggregate limit on the
2total amount of matching funds payments to a participating
3candidate specified in subsection (b) of this Section, unless
4the candidate has no opposition on the ballot. Unopposed
5candidates shall not be eligible to receive matching funds
6unless and until they cease to be unopposed; however, any
7candidate who had already received matching funds under this
8Article prior to becoming unopposed shall be entitled to retain
9those funds and spend those funds in accordance with Section
109A-50 of this Code.
11    (b) Subject to the requirements of subsection (a) of
12Section 9A-40 of this Code, the aggregate amount of matching
13funds payments that may be made to a participating candidate
14during an election cycle may not exceed the following:
15        (1) $5,000,000 for candidates for Governor;
16        (2) $1,000,000 for candidates for Lieutenant Governor,
17    Attorney General, State Comptroller, State Treasurer, and
18    Secretary of State;
19        (3) $300,000 for candidates for State Senator; and
20        (4) $150,000 for candidates for State Representative.
21    (c) A participating candidate's application for matching
22funds, including an initial request submitted with an
23application for certification as a participating candidate,
24shall be made using a form prescribed by the Board and shall be
25accompanied as necessary by initial qualifying contribution
26receipts and any other information the Board requires by rule.



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1This application shall be accompanied by a signed statement
2from the participating candidate indicating that all
3information on the initial qualifying contribution receipts is
4complete and accurate to the best of the participating
5candidate's knowledge. The Board shall verify that a
6participating candidate's qualified contributions meet all of
7the requirements and limitations of this Article prior to the
8disbursement of matching funds to the participating candidate.
9    (d) The Board shall make an initial payment of the matching
10funds within 10 business days of the Board's certification of a
11participating candidate's eligibility in accordance with the
12provisions of this Article, or as soon thereafter as is
14    (e) The Board shall establish a schedule for the submission
15of matching funds payment requests, permitting a participating
16candidate to submit a matching funds payment request at least
17once per month, in accordance with a schedule established by
18the Board.
19    (f) In the event that 90% of the existing Fund has been
20distributed, the Board shall give notice within 24 hours to all
21candidates that only 10% of the Fund remains. Thereafter, the
22Board shall make no further matching funds payments until after
23election day and it shall only pay any requests submitted after
24notice has been distributed under this subsection (f)
25proportionally, spread over all candidates and requests
26equally, in a manner to be determined in greater detail



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1pursuant to rules adopted by the Board.
2    (10 ILCS 5/9A-35 new)
3    Sec. 9A-35. Limits on contributions.
4    (a) Subject to the requirements of subsection (a) of
5Section 9A-40 of this Code, no candidate shall accept, directly
6or indirectly, any contribution (or combination of
7contributions) from the same person, corporation, partnership,
8political party, political action committee, or other legal
9entity in excess of $500. However, if a candidate in the
10participating candidate's race exceeds the self-funding
11thresholds established in subsection (h) of Section 9-8.5 of
12this Code for that race, the limitation under this subsection
13(a) is increased to $2,500.
14    (b) No participating candidate shall accept any
15contribution (or combination of contributions) from any
16person, corporation, partnership, or other legal entity who
17lobbies members of the State executive or legislative branches,
18within the meaning of the Lobbyist Registration Act, or does
19business with the State. No participating candidate shall
20encourage, support, cooperate, or coordinate with any
21independent expenditure committee or any individual engaging
22in independent expenditures, whether in support of the
23candidate or in opposition to the candidate's opponent. The
24Board may adopt additional rules defining who constitutes a
25"lobbyist" and who is deemed to be "doing business" with the



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1State within the meaning of this Article.
2    (c) No participating candidate shall make expenditures
3from or use his or her own personal funds or the personal funds
4or property held jointly with members of his or her immediate
5family in connection with his or her nomination for election or
6election, except as a contribution to his or her political
7committee in an amount that does not exceed 10 times the
8maximum contribution applicable under subsection (a) of this
9Section. No participating candidate shall make expenditures
10from or use other personal funds or property of his or her
11immediate family in furtherance of his or her own campaign.
12    (10 ILCS 5/9A-40 new)
13    Sec. 9A-40. Adjustment.
14    (a) The Board shall revise the limits on contributions and
15on overall contributions at least one year prior to the next
16general primary election. The Board shall adjust them by an
17amount equal to the change in the Consumer Price Index for all
18Urban Consumers for all items published by the United States
19Department of Labor for the 12-month calendar year preceding
20readjustment. Amounts shall be rounded to the nearest $10. The
21revised overall limits shall be published no later than one
22year prior to the date of the next general primary election.
23    (b) The General Assembly shall review the amounts and
24numbers of required initial qualifying contributions, the
25ratio of matching funds, the additional limits on



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1contributions, and the limits on overall contributions in the
26-month period following each general election to determine if
3they shall stay the same, after any adjustment for inflation
4under subsection (a) of this Section, or be increased for the
5next general primary election and general election.
6    (c) If the General Assembly determines that any of the
7figures specified in subsection (b) of this Section should
8change, then any proposed change, other than an adjustment for
9inflation under subsection (a) of this Section, shall be
10adopted for the next general election by a majority vote of
11each chamber of the General Assembly and shall also be
12submitted to the voters via a binding referendum for
13ratification at the next consolidated election for approval or
14rejection with respect to any future general elections.
15    (10 ILCS 5/9A-45 new)
16    Sec. 9A-45. Campaign accounts for participating
17candidates. During an election cycle, each participating
18candidate shall conduct all campaign financial activities
19through a single political action committee, consistent with
20subsection (b) of Section 9-2 of this Code, and shall comply
21with any additional recordkeeping requirements imposed under
22this Article by the Board.
23    (10 ILCS 5/9A-50 new)
24    Sec. 9A-50. Expenditures of matching funds.



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1    (a) A participating candidate shall use matching funds only
2for direct campaign purposes. The Board may further define the
3phrase "direct campaign purposes" by rule.
4    (b) Neither a participating candidate nor anyone acting on
5his or her behalf shall use matching funds for:
6        (1) costs of legal defense in any campaign law
7    enforcement proceeding;
8        (2) indirect campaign purposes, including, but not
9    limited to:
10            (A) the participating candidate's personal support
11        or compensation to the participating candidate or the
12        participating candidate's immediate family;
13            (B) clothing, haircuts, and other items related to
14        the participating candidate's personal appearance;
15            (C) a contribution or loan to the campaign
16        committee of another candidate, a party committee, or
17        other political committee;
18            (D) an independent expenditure;
19            (E) automobile purchases, tuition payments, or
20        childcare costs;
21            (F) dues, fees, or gratuities at a country club,
22        health club, recreational facility, or other
23        nonpolitical organization unless part of a specific
24        fundraising event that takes place on the
25        organization's premises;
26            (G) admission to a sporting event, theater,



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1        concert, or other entertainment event not part of a
2        specific campaign activity; or
3            (H) gifts, except for brochures, buttons, signs,
4        and other campaign materials and token gifts valued at
5        not more than $50 that are for the purpose of
6        expressing gratitude, condolences, or congratulations.
7    (10 ILCS 5/9A-55 new)
8    Sec. 9A-55. Disclosure requirements and procedures; return
9of funds.
10    (a) Each participating candidate shall file reports of
11contribution receipts and of expenditures of matching funds and
12other campaign funds at such times and in such manners as the
13Board may prescribe by rule, including, but not limited to,
14reports containing information necessary to verify that the
15qualified contributions received by participating candidates
16and that the matching funds spent by participating candidates
17comply with the restrictions and requirements of this Article.
18    (b) The Board by rule shall adopt procedures for auditing
19any reports filed with it as well as related reports filed with
20the State Board of Elections and issuing a public report
21summarizing the election results, the campaign expenditures
22made in connection with offices covered by this Article, and
23the level and amount of matching funds provided to each
25    (c) Within 90 days after the consolidated or general



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1election, every participating candidate who received matching
2funds under this Article shall repay the Fund any unused
3matching funds, calculated as follows: any unused campaign
4funds shall be multiplied by a ratio consisting of the total
5amount of matching funds received by the campaign in the
6numerator and the total amount of campaign funds raised by the
7campaign in the denominator. The amount of any repayment under
8this subsection (c) shall not exceed the total amount of
9matching funds paid to the campaign.
10    (10 ILCS 5/9A-60 new)
11    Sec. 9A-60. Joint campaign contributions and expenditures.
12Where multiple candidates are otherwise permitted under State
13law to engage in joint efforts to raise campaign contributions
14or in joint campaign expenditures, any contribution received at
15a joint fundraising event and any joint campaign expenditures
16shall be appropriately allocated among the participating
17candidates in a reasonable manner to be agreed upon by those
18candidates participating in the activity. The Board may review
19the reasonableness of any allocation under this Section.
20    (10 ILCS 5/9A-65 new)
21    Sec. 9A-65. Application of contribution and expenditure
22limitations to certain political activities. Nothing in this
23Article shall be construed to restrict candidates or their
24agents from making appearances at events sponsored or paid for



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1by persons, political committees, or other entities that are
2not in any way affiliated with the candidate or any agent of
3the candidate. The costs of these events shall not be
4considered contributions to or expenditures by the candidate
5for purposes of this Article simply because the candidate or
6agent appears at such an event. However, this provision does
7not apply to events at which contributions are solicited on
8behalf of the participating candidate.
9    (10 ILCS 5/9A-70 new)
10    Sec. 9A-70. Campaign Finance Board; general powers and
12    (a) A Campaign Finance Board is created within the State
13Board of Elections, consisting of 5 members appointed by the
14Governor with the advice and consent of the Senate. Each party
15or caucus represented in the General Assembly shall have at
16least one member on the Board. However, the Chairperson of the
17Board shall not be affiliated with any political party. The
18initial appointments required under this subsection (a) shall
19be made within 6 months of the effective date of this
20amendatory Act of 101st General Assembly, and their terms shall
21commence on the January 1 following appointment. The terms of
22office for the initial appointees shall be, except for the
23Chairperson, determined by lot as follows:
24        (1) one member shall serve a term of one year;
25        (2) one member shall serve a term of 2 years;



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1        (3) one member shall serve a term of 3 years;
2        (4) one member shall serve a term of 4 years; and
3        (5) the initial Chairperson shall serve a term of 5
4    years.
5    Thereafter, each member shall be appointed for a term of 5
6years, according to the original manner of appointment. In the
7case of a vacancy in the office of a member, a member shall be
8selected to serve the remainder of the unexpired term in the
9same manner the vacating member was selected. Members shall
10serve no more than 3 consecutive terms. No member of the Board
11may be removed from office except for cause, after notice and a
12hearing by the Senate.
13    (b) To be eligible to serve as a member of the Board, an
14individual must meet all of the following qualifications
15throughout the period of his or her service:
16        (1) the member must be a resident of Illinois, eligible
17    and registered to vote;
18        (2) the member must agree that he or she and any
19    members of his or her immediate family will not make any
20    contributions to any candidate for any of the offices
21    eligible to receive matching funds during his or her term
22    of service;
23        (3) the member must agree not to (i) serve as an
24    officer of a political party or (ii) be a candidate or
25    participate in any capacity in a campaign by a candidate
26    for any of the offices eligible to receive public matching



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1    funds under this Article during his or her term of service;
2        (4) the member may not otherwise be an officer or
3    employee of the State, nor a lobbyist engaged in lobbying
4    any elected officials of the State; and
5        (5) the member must agree to undergo training under the
6    supervision of the Chairperson of the Board.
7    (c) Subject to appropriations, the members of the Board
8shall be compensated at a rate specified by law while
9performing the work of the Board.
10    (d) The Board may employ necessary staff, including
11attorneys and accountants, and may utilize the services of
12employees of the State Board of Elections to assist the Board
13in carrying out its duties. Subject to appropriations, the
14total budget for the Board's operations shall not be less than
15.01% of the overall State budget.
16    (e) The Board shall have the authority to adopt rules and
17provide forms as it deems necessary to administer the matching
18funds system created by this Article. The Board shall adopt
19rules concerning the form in which contributions and
20expenditures are to be reported, the periods during which such
21reports must be filed, the measures for auditing and reporting
22on campaign contributions and expenditures, and the
23verification required.
24    (f) The Board shall have the power to investigate all
25matters relating to the performance of its functions and any
26other matter relating to the proper administration of this



SB1733- 24 -LRB101 08397 SMS 53467 b

1Article. It shall have the power to require the attendance of
2witnesses, to examine and take testimony under oath of any
3persons as it shall deem necessary, and to require the
4production of books, accounts, papers, and any other relevant
5evidence relative to such investigation.
6    (g) The Board shall develop a program for informing
7candidates and the public about the small donor matching funds
8system created by this Article. The Board may prepare and make
9available educational materials, including compliance manuals
10and summaries of the relevant provisions of this program. The
11Board shall prepare and make available materials including, to
12the extent feasible, computer software, to facilitate the task
13of compliance with the disclosure and recordkeeping
14requirements under this Article.
15    (h) The Board shall have the power to render advisory
16opinions with respect to questions arising under this Article.
17These opinions may be requested in writing by any candidate,
18political committee, or member of the general public. The Board
19shall adopt rules regarding submissions and responses to such
20requests, including response times. The Board shall make public
21its response to any such requests, as well as to any other
22formal rulings or interpretations it makes, including by
23posting them on its website, if practicable.
24    (i) The Board shall have the authority to implement any
25system established for the regulation of inauguration and
26transition donations and expenditures, including any related



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1penalties. It shall also have the authority to adopt and
2implement a system for handling the transition from the
3existing campaign finance system and any pre-existing
4political committees and contributions to the small donor
5matching funds system implemented by this Article.
6    (j) The Board may take such other actions as are necessary
7and proper to carry out its functions and the purposes of
8adoption of a small donor matching funds system. The specific
9grants of power under this Section do not constitute and shall
10not be construed as limitations on the other proper and
11necessary powers of the Board.
12    (k) All final administrative decisions under this Article
13are subject to judicial review under the Administrative Review
15    (10 ILCS 5/9A-75 new)
16    Sec. 9A-75. Public campaign financing program penalties.
17    (a) If a participating candidate knowingly accepts or
18spends matching funds in violation of this Article, then the
19candidate shall repay to the Fund a civil fine in an amount
20equal to twice the value of the funding unlawfully accepted or
22    (b) The Board shall, after a hearing affording the
23aggrieved party due process, have the authority to impose the
24fine created by this Section, to order repayment of
25overpayments that were not knowingly received, and to take any



SB1733- 26 -LRB101 08397 SMS 53467 b

1other appropriate action, pursuant to any additional rules
2concerning such hearings as the Board shall adopt.
3    (c) Any member of the public, as well as the Board on its
4own initiative, shall have standing to file a complaint with
5the Board alleging a violation of this Article. In the event a
6complaint is filed by an opposing candidate, or in coordination
7with an opposing candidate's campaign, the Board shall have the
8option of awarding costs and attorneys' fees in the event the
9complaint is found to have been lacking a reasonable basis.
10    (d) The Board shall adopt appropriate rules guaranteeing
11notice and due process to anyone accused of violating this
12Article and setting forth the process the Board will follow in
13investigating and adjudicating any such complaint.
14    Section 10. The State Finance Act is amended by adding
15Section 5891 as follows:
16    (30 ILCS 105/5891 new)
17    Sec. 5891. The Small Donor Democracy Matching Fund.
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.



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2 Statutes amended in order of appearance
3    10 ILCS 5/9-25.1from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
4    10 ILCS 5/Art. 9A heading
5    new
6    10 ILCS 5/9A-5 new
7    10 ILCS 5/9A-10 new
8    10 ILCS 5/9A-15 new
9    10 ILCS 5/9A-20 new
10    10 ILCS 5/9A-25 new
11    10 ILCS 5/9A-30 new
12    10 ILCS 5/9A-35 new
13    10 ILCS 5/9A-40 new
14    10 ILCS 5/9A-45 new
15    10 ILCS 5/9A-50 new
16    10 ILCS 5/9A-55 new
17    10 ILCS 5/9A-60 new
18    10 ILCS 5/9A-65 new
19    10 ILCS 5/9A-70 new
20    10 ILCS 5/9A-75 new
21    30 ILCS 105/5891 new