Illinois General Assembly - Full Text of SB1415
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Full Text of SB1415  93rd General Assembly

SB1415eng 93rd General Assembly


093_SB1415eng

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

 2        Section 10. Qualification; certification.
 3        (a)  Before a candidate for nomination  for  election  to
 4    the  office  of  Judge  of  the  Supreme Court in the general
 5    primary election may be certified as an eligible candidate to
 6    receive a public financing benefit for the  primary  election
 7    campaign  period, the candidate must apply to the State Board
 8    for a public financing benefit and  file  a  sworn  statement
 9    that  the  candidate  has  complied  and will comply with all
10    requirements of this Act throughout the applicable  campaign,
11    including  the  general  primary  election  and  the  general
12    election. A candidate must file the application and statement
13    no  later than the beginning of the primary election campaign
14    period for the office of Judge of the Supreme Court.
15        (b)  A candidate shall be certified by the State Board as
16    an eligible candidate for receipt of public financing  for  a
17    primary  election  if  the candidate complies with subsection
18    (a) and receives a  number  of  qualifying  contributions  at
19    least  equal  to  0.15%  of the number of ballots cast in the
20    district in the last gubernatorial election  from  individual
21    qualifying  contributors  before  the  close  of  the  public
22    financing qualifying period.
23        (c)  The State Board must verify a candidate's compliance
24    with  the  requirements of subsection (b) by any verification
25    and  sampling  techniques  that  the  State  Board  considers
26    appropriate.
27        (d)  Each  candidate  must  acknowledge  each  qualifying
28    contribution by a receipt to the  contributor  that  contains
29    the  contributor's  name  and home address.  A candidate must
30    file a qualifying report with the State Board of Elections.
31        (e)  A qualifying contribution may be used only  for  the
32    purpose of making an expenditure authorized by law.
 
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 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,
 
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 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,
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
SB1415 Engrossed            -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 an 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 candidate,  knowingly  makes  an
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
 
SB1415 Engrossed            -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 Trust Fund shall become operational when the
14    Fund 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
 
SB1415 Engrossed            -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 5/9-1.5a new)
21        Sec.  9-1.5a.  "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.
 
SB1415 Engrossed            -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
33        during   any  12-month  period  in  an  aggregate  amount
34        exceeding  $3,000  for  the  purpose  of   electioneering
 
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 1        communications.
 2    (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)

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

32        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
 
SB1415 Engrossed            -20-     LRB093 06418 BDD 06541 b
 1        Sec. 9-10.  Financial reports.
 2        (a)  The treasurer of every state political committee and
 3    the  treasurer  of every local political committee shall file
 4    with the Board, and the treasurer of  every  local  political
 5    committee  shall  file  with  the  county  clerk,  reports of
 6    campaign contributions, and semi-annual reports  of  campaign
 7    contributions  and  expenditures on forms to be prescribed or
 8    approved by the Board.   The  treasurer  of  every  political
 9    committee that acts as both a state political committee and a
10    local  political  committee  shall file a copy of each report
11    with the State Board  of  Elections  and  the  county  clerk.
12    Entities subject to Section 9-7.5 shall file reports required
13    by  that  Section  at  times provided in this Section and are
14    subject to the penalties provided in this Section.
15        (b)  Reports of campaign contributions shall be filed  no
16    later   than  the  15th  day  next  preceding  each  election
17    including a primary election in  connection  with  which  the
18    political    committee   has   accepted   or   is   accepting
19    contributions or has made or is  making  expenditures.   Such
20    reports  shall  be complete as of the 30th day next preceding
21    each election including a primary election.  The Board  shall
22    assess  a  civil penalty not to exceed $5,000 for a violation
23    of this  subsection,  except  that  for  State  officers  and
24    candidates  and  political  committees  formed  for statewide
25    office, the civil penalty may not exceed $10,000.  The  fine,
26    however,  shall  not exceed $500 for a first filing violation
27    for filing less than 10 days after the deadline. There  shall
28    be no fine if the report is mailed and postmarked at least 72
29    hours  prior  to the filing deadline. For the purpose of this
30    subsection, "statewide office" and "State officer" means  the
31    Governor, Lieutenant Governor, Attorney General, Secretary of
32    State,  Comptroller,  and  Treasurer.   However, a continuing
33    political committee that neither  accepts  contributions  nor
34    makes  expenditures  on  behalf  of  or  in opposition to any
 
SB1415 Engrossed            -21-     LRB093 06418 BDD 06541 b
 1    candidate or public question on the  ballot  at  an  election
 2    shall   not  be  required  to  file  the  reports  heretofore
 3    prescribed but may  file  in  lieu  thereof  a  Statement  of
 4    Nonparticipation  in the Election with the Board or the Board
 5    and the county clerk.
 6        (b-5)  Notwithstanding the provisions of subsection  (b),
 7    any  contribution  of  $500  or  more received in the interim
 8    between the last date of  the  period  covered  by  the  last
 9    report  filed  under subsection (b) prior to the election and
10    the date of the election shall be reported within 2  business
11    days  after  its receipt. The State Board shall allow filings
12    under  this  subsection  (b-5)  to  be  made   by   facsimile
13    transmission.   For   the   purpose  of  this  subsection,  a
14    contribution is considered received on the  date  the  public
15    official,  candidate,  or  political committee (or equivalent
16    person in the  case  of  a  reporting  entity  other  than  a
17    political  committee) actually receives it or, in the case of
18    goods or services, 2 days after the date the public official,
19    candidate, committee, or other reporting entity receives  the
20    certification  required  under subsection (b) of Section 9-6.
21    Failure to report each contribution is a  separate  violation
22    of  this  subsection.   The  Board  shall  impose  fines  for
23    violations of this subsection as follows:
24             (1)  if the political committee's or other reporting
25        entity's  total receipts, total expenditures, and balance
26        remaining at the end of the last  reporting  period  were
27        each  $5,000  or less, then $100 per business day for the
28        first violation, $200 per business  day  for  the  second
29        violation,  and  $300  per business day for the third and
30        subsequent violations.
31             (2)  if the political committee's or other reporting
32        entity's total receipts, total expenditures, and  balance
33        remaining  at  the  end of the last reporting period were
34        each more than $5,000, then $200 per business day for the
 
SB1415 Engrossed            -22-     LRB093 06418 BDD 06541 b
 1        first violation, $400 per business  day  for  the  second
 2        violation,  and  $600  per business day for the third and
 3        subsequent violations.
 4        Notwithstanding paragraphs (1) and (2), if the  committee
 5    failed  to  report  expenditures  that could trigger matching
 6    funds under the Supreme Court Campaign Reform Act,  then  the
 7    Board  may  assess  a  fine  for each violation not to exceed
 8    $10,000 plus the value of the unreported expense.
 9        (c)  In addition to such reports the treasurer  of  every
10    political   committee   shall  file  semi-annual  reports  of
11    campaign contributions and expenditures no  later  than  July
12    31st,  covering the period from January 1st through June 30th
13    immediately  preceding,  and  no  later  than  January  31st,
14    covering the period from July 1st through  December  31st  of
15    the  preceding  calendar  year.  Reports of contributions and
16    expenditures must be  filed  to  cover  the  prescribed  time
17    periods even though no contributions or expenditures may have
18    been  received  or  made  during  the period. The Board shall
19    assess a civil penalty not to exceed $5,000 for  a  violation
20    of  this  subsection,  except  that  for  State  officers and
21    candidates and  political  committees  formed  for  statewide
22    office,  the  civil penalty may not exceed $10,000. The fine,
23    however, shall not exceed $500 for a first  filing  violation
24    for  filing less than 10 days after the deadline. There shall
25    be no fine if the report is mailed and postmarked at least 72
26    hours prior to the filing deadline. For the purpose  of  this
27    subsection,  "statewide office" and "State officer" means the
28    Governor, Lieutenant Governor, Attorney General, Secretary of
29    State, Comptroller, and Treasurer.
30        (d)  A copy of each report or statement filed under  this
31    Article  shall  be  preserved  by  the person filing it for a
32    period of two years from the date of filing.
33    (Source: P.A. 90-737, eff. 1-1-99.)
 
SB1415 Engrossed            -23-     LRB093 06418 BDD 06541 b
 1        Section 905.  The State Finance Act is amended by  adding
 2    Section 5.595 as follows:

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

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

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

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.
 
SB1415 Engrossed            -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