Full Text of HB1640 95th General Assembly
HB1640 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1640
Introduced 2/22/2007, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.675 new |
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35 ILCS 5/507PP new |
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35 ILCS 5/509 |
from Ch. 120, par. 5-509 |
35 ILCS 5/510 |
from Ch. 120, par. 5-510 |
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Creates the Illinois Clean Election Act. Establishes a voluntary method of public financing of the campaigns of candidates for Governor, State Senator, and State Representative. Amends the State Finance Act to create the Illinois Clean Election Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB1640 |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Clean Election Act. | 6 |
| Section 5. Definitions. As used in this Act:
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| "Certified candidate" means a candidate running for | 8 |
| Governor, State Senator, or State Representative who chooses to | 9 |
| participate in this Act and who is certified as an Illinois | 10 |
| Clean Election Act candidate under Section 20, subsection (e). | 11 |
| "Contribution" has the same meaning as in Article 9 of the | 12 |
| Election Code. | 13 |
| "Fund" means the Illinois Clean Election Fund established | 14 |
| in Section 15. | 15 |
| "Nonparticipating candidate" means a candidate running for | 16 |
| Governor, State Senator, or State Representative who does not | 17 |
| choose to participate in this Act and who is not seeking to be | 18 |
| certified as an Illinois Clean Election Act candidate. | 19 |
| "Participating candidate" means a candidate who is running | 20 |
| for Governor, State Senator, or State Representative who is | 21 |
| seeking to be certified as an Illinois Clean Election Act | 22 |
| candidate. | 23 |
| "Qualifying contribution" means a donation: |
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| (1) Of $5 in the form of a check or a money order | 2 |
| payable to the Fund in support of a candidate; | 3 |
| (2) Made by a registered voter within the district for | 4 |
| the office a candidate is seeking; | 5 |
| (3) Made during the designated qualifying period and | 6 |
| obtained with the knowledge and approval of the candidate; | 7 |
| and | 8 |
| (4) That is acknowledged by a written receipt that | 9 |
| identifies the name and address of the donor on forms | 10 |
| provided by the State Board. | 11 |
| "Qualifying period" means the following: | 12 |
| (1) For a gubernatorial participating candidate, the | 13 |
| qualifying period begins November 1st immediately | 14 |
| preceding the election year and ends at 5:00 p.m. on April | 15 |
| 15th of the election year unless the candidate is | 16 |
| unenrolled, in which case the period ends at 5:00 p.m. on | 17 |
| June 2nd of the election year. | 18 |
| (2) For State Senate or State House of Representatives | 19 |
| participating candidates, the qualifying period begins | 20 |
| January 1st of the election year and ends at 5:00 p.m. on | 21 |
| April 15th of that election year unless the candidate is | 22 |
| unenrolled, in which case the period ends at 5:00 p.m. on | 23 |
| June 2nd of the election year. | 24 |
| "Seed money contribution" means a contribution of no more | 25 |
| than $100 per individual made to a candidate, including a | 26 |
| contribution from the candidate or the candidate's family. To |
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| be eligible for certification, a candidate may collect and | 2 |
| spend only seed money contributions subsequent to becoming a | 3 |
| candidate as defined by Article 9 of the Election Code and | 4 |
| throughout the qualifying period. A participating candidate | 5 |
| who has accepted contributions or made expenditures that do not | 6 |
| comply with the seed money restrictions under this Act may | 7 |
| petition the State Board to remain eligible for certification | 8 |
| as an Illinois Clean Election Act candidate in accordance with | 9 |
| rules of the State Board, if the failure to comply was | 10 |
| unintentional and does not constitute a significant infraction | 11 |
| of these restrictions. Prior to certification, a candidate may | 12 |
| obligate an amount greater than the seed money collected if the | 13 |
| value of the goods and services received from a vendor does not | 14 |
| exceed the amount paid to the vendor. A candidate may not | 15 |
| collect or spend seed money contributions after certification | 16 |
| as an Illinois Clean Election Act candidate. A seed money | 17 |
| contribution must be reported according to procedures | 18 |
| developed by the State Board. | 19 |
| "State Board" means the State Board of Elections.
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| Section 10. Alternative campaign financing option. This | 21 |
| Act establishes an alternative campaign financing option | 22 |
| available to candidates running for Governor, State Senator, | 23 |
| and State Representative. This alternative campaign financing | 24 |
| option is available to candidates for elections to be held | 25 |
| beginning in the year 2008. The State Board shall administer |
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| this Act and the Fund. Candidates participating in this Act | 2 |
| must also comply with all other applicable election and | 3 |
| campaign laws and regulations.
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| Section 15. The Illinois Clean Election Fund established; | 5 |
| sources of funding.
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| (a) The Illinois Clean Election Fund is established as a | 7 |
| special fund in the State treasury to finance the election | 8 |
| campaigns of certified Illinois Clean Election Act candidates | 9 |
| running for Governor, State Senator, and State Representative | 10 |
| and to pay administrative and enforcement costs of the State | 11 |
| Board related to this Act. Any interest generated by the Fund | 12 |
| is credited to the Fund. The State Board shall administer the | 13 |
| Fund. | 14 |
| (b) The following must be deposited in the fund: | 15 |
| (1) The qualifying contributions required under | 16 |
| Section 20 when those contributions are submitted to the | 17 |
| State Board. | 18 |
| (2) $10,000,000 of the revenues from the taxes imposed | 19 |
| by the Illinois Income Tax Act and credited to the General | 20 |
| Revenue Fund, transferred to the Fund by the State | 21 |
| Treasurer on or before January 1st of each year, beginning | 22 |
| January 1, 2008. These revenues must be offset in an | 23 |
| equitable manner by an equivalent reduction within the | 24 |
| administrative divisions of the legislative branch and | 25 |
| executive branch agencies.
If the State Board determines |
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| that the Fund will not have sufficient revenues to cover | 2 |
| the likely demand for funds from the Illinois Clean | 3 |
| Election Fund in an upcoming calendar year, by January 1st | 4 |
| the State Board shall provide a report of its projections | 5 |
| of the balances in the Illinois Clean Election Fund to the | 6 |
| General Assembly and the Governor and may request that the | 7 |
| State Treasurer make the following transfers to the | 8 |
| Illinois Clean Election Fund from the General Revenue Fund: | 9 |
| (A) Up to $5,000,000 no later than February 28, | 10 |
| 2008, reflecting an advance of the transfer of the | 11 |
| amounts that would be received on or before January 1, | 12 |
| 2009 pursuant to this paragraph. | 13 |
| (B) Up to $3,500,000 no later than July 31, 2008, | 14 |
| reflecting an advance of the transfer of the amounts | 15 |
| that would be received on or before January 1, 2010 | 16 |
| pursuant to this paragraph. | 17 |
| (C) Up to $1,500,000 no later than September 1, | 18 |
| 2008, reflecting a partial advance of the transfer of | 19 |
| the amounts that would be received on or before January | 20 |
| 1, 2011 pursuant to this paragraph. | 21 |
| (3) Revenue from a tax checkoff program allowing a | 22 |
| resident of the State who files a tax return with the | 23 |
| Department of Revenue to designate that $3 be paid into the | 24 |
| Fund. If a husband and wife file a joint return, each | 25 |
| spouse may designate that $3 be paid. The Department of | 26 |
| Revenue shall report annually the amounts designated for |
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| the Fund to the State Treasurer, who shall transfer that | 2 |
| amount to the Fund. | 3 |
| (4) Seed money contributions remaining unspent after a | 4 |
| candidate has been certified as an Illinois Clean Election | 5 |
| Act candidate. | 6 |
| (5) Fund revenues that were distributed to an Illinois | 7 |
| Clean Election Act candidate and that remain unspent after | 8 |
| the candidate has lost a primary election or after all | 9 |
| general elections. | 10 |
| (6) Other unspent Fund revenues distributed to any | 11 |
| Illinois Clean Election Act candidate who does not remain a | 12 |
| candidate throughout a primary or general election cycle. | 13 |
| (7) Voluntary donations made directly to the Fund. | 14 |
| (8) Fines collected under this Act. | 15 |
| (c) By September 1st preceding each election year, the | 16 |
| State Board shall publish an estimate of revenue in the Fund | 17 |
| available for distribution to certified candidates during the | 18 |
| upcoming year's elections and an estimate of the likely demand | 19 |
| for clean elections funding during that election. The State | 20 |
| Board may submit legislation to request additional funding. | 21 |
| Section 20. Terms of participation.
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| (a) A participating candidate must file a declaration of | 23 |
| intent to seek certification as an Illinois Clean Election Act | 24 |
| candidate and to comply with the requirements of this Act. The | 25 |
| declaration of intent must be filed with the State Board prior |
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| to or during the qualifying period, except as provided in | 2 |
| subsection (l), according to forms and procedures developed by | 3 |
| the State Board. A participating candidate must submit a | 4 |
| declaration of intent within 5 business days after collecting | 5 |
| qualifying contributions under this Act or the qualifying | 6 |
| contributions collected before the declaration of intent has | 7 |
| been filed will not be counted toward the eligibility | 8 |
| requirement in subsection (c). | 9 |
| (b) Subsequent to becoming a candidate defined by and prior | 10 |
| to certification, a participating candidate may not accept | 11 |
| contributions, except for seed money contributions. A | 12 |
| participating candidate must limit the candidate's seed money | 13 |
| contributions to the following amounts: | 14 |
| (1) $50,000 for a gubernatorial candidate. | 15 |
| (2) $20,000 for a candidate for the State Senate. | 16 |
| (3) $10,000 for a candidate for the State House of | 17 |
| Representatives .
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| The State Board may, by rule, revise these amounts to | 19 |
| ensure the effective implementation of this Act. | 20 |
| (c) Participating candidates must obtain qualifying | 21 |
| contributions during the qualifying period as follows: | 22 |
| (1) For a gubernatorial candidate, at least 25,000 | 23 |
| verified registered voters of this State must support the | 24 |
| candidacy by providing a qualifying contribution to that | 25 |
| candidate. | 26 |
| (2) For a candidate for the State Senate, at least |
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| 1,500 verified registered voters from the candidate's | 2 |
| district must support the candidacy by providing a | 3 |
| qualifying contribution to that candidate. | 4 |
| (3) For a candidate for the State House of | 5 |
| Representatives, at least 500 verified registered voters | 6 |
| from the candidate's district must support the candidacy by | 7 |
| providing a qualifying contribution to that candidate. | 8 |
| A payment, gift, or anything of value may not be given in | 9 |
| exchange for a qualifying contribution. A candidate may pay the | 10 |
| fee for a money order in the amount of $5, which is a | 11 |
| qualifying contribution, as long as the donor making the | 12 |
| qualifying contribution pays the $5 amount reflected on the | 13 |
| money order. Any money order fees paid by a participating | 14 |
| candidate must be paid for with seed money and reported in | 15 |
| accordance with State Board rules. | 16 |
| (d) A participating candidate must submit qualifying | 17 |
| contributions to the State Board during the qualifying period | 18 |
| according to procedures developed by the State Board, except as | 19 |
| provided under subsection (l). | 20 |
| (e) Upon receipt of a final submittal of qualifying | 21 |
| contributions by a participating candidate, the State Board | 22 |
| shall determine whether or not the candidate has: | 23 |
| (1) Signed and filed a declaration of intent to | 24 |
| participate in this Act. | 25 |
| (2) Submitted the appropriate number of valid | 26 |
| qualifying contributions. |
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| (3) Qualified as a candidate by petition or other | 2 |
| means. | 3 |
| (4) Not accepted contributions, except for seed money | 4 |
| contributions, and otherwise complied with seed money | 5 |
| restrictions. | 6 |
| (5) Not run for the same office as a nonparticipating | 7 |
| candidate in a primary election in the same election year. | 8 |
| (6) Otherwise met the requirements for participation | 9 |
| in this Act. | 10 |
| The State Board shall certify a candidate complying with | 11 |
| the requirements of this Section as an Illinois Clean Election | 12 |
| Act candidate as soon as possible and no later than 3 business | 13 |
| days after final submittal of qualifying contributions.
Upon | 14 |
| certification, a candidate must transfer to the Fund any | 15 |
| unspent seed money contributions. A certified candidate must | 16 |
| comply with all requirements of this Act after certification | 17 |
| and throughout the primary and general election periods. | 18 |
| Failure to do so is a violation of this Act. | 19 |
| (f) After certification, a candidate must limit the | 20 |
| candidate's campaign expenditures and obligations, including | 21 |
| outstanding obligations, to the revenues distributed to the | 22 |
| candidate from the Fund and may not accept any contributions | 23 |
| unless specifically authorized by the State Board. Candidates | 24 |
| may also accept and spend interest earned on bank accounts. All | 25 |
| revenues distributed to a certified candidate from the Fund | 26 |
| must be used for campaign-related purposes. The candidate, the |
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| treasurer, the candidate's political committee, or any agent of | 2 |
| the candidate and committee may not use these revenues for any | 3 |
| but campaign-related purposes. The State Board shall publish | 4 |
| guidelines outlining permissible campaign-related | 5 |
| expenditures. | 6 |
| (g) The State Board shall distribute to certified | 7 |
| candidates revenues from the Fund in amounts determined under | 8 |
| subsection (h) in the following manner. | 9 |
| (1) Within 3 days after certification, for candidates | 10 |
| certified prior to March 15th of the election year, | 11 |
| revenues from the Fund must be distributed as if the | 12 |
| candidates are in an uncontested primary election. | 13 |
| (2) Within 3 days after certification, for all | 14 |
| candidates certified between March 15th and April 15th of | 15 |
| the election year, revenues from the Fund must be | 16 |
| distributed according to whether the candidate is in a | 17 |
| contested or uncontested primary election. | 18 |
| (3) For candidates in contested primary elections | 19 |
| receiving a distribution under paragraph (1), additional | 20 |
| revenues from the fund must be distributed within 3 days of | 21 |
| March 15th after the election year. | 22 |
| (4) Within 3 days after the primary election results | 23 |
| are certified, for general election certified candidates, | 24 |
| revenues from the Fund must be distributed according to | 25 |
| whether the candidate is in a contested or uncontested | 26 |
| general election. |
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| Funds may be distributed to certified candidates under this | 2 |
| Section by any mechanism that is expeditious, ensures | 3 |
| accountability, and safeguards the integrity of the Fund. | 4 |
| (h) The candidate or committee shall deposit all revenues | 5 |
| from the Fund in a campaign account with a bank or other | 6 |
| financial institution. The campaign funds must be segregated | 7 |
| from, and may not be commingled with, any other funds. | 8 |
| (i) By July 1, 2008 and at least every 4 years after that | 9 |
| date, the State Board shall determine the amount of funds to be | 10 |
| distributed to participating candidates based on the type of | 11 |
| election and office as follows: | 12 |
| (1) For contested legislative primary elections, the | 13 |
| amount of revenues to be distributed is the average amount | 14 |
| of campaign expenditures made by each candidate during all | 15 |
| contested primary election races for the immediately | 16 |
| preceding 2 primary elections, as reported in the initial | 17 |
| filing period subsequent to the primary election, for the | 18 |
| respective offices of State Senate and State House of | 19 |
| Representatives. | 20 |
| (2) For uncontested legislative primary elections, the | 21 |
| amount of revenues distributed is the average amount of | 22 |
| campaign expenditures made by each candidate during all | 23 |
| uncontested primary election races for the immediately | 24 |
| preceding 2 primary elections, as reported in the initial | 25 |
| filing period subsequent to the primary election, for the | 26 |
| respective offices of State Senate and State House of |
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| Representatives. | 2 |
| (3) For contested legislative general elections, the | 3 |
| amount of revenues distributed is the average amount of | 4 |
| campaign expenditures made by each candidate during all | 5 |
| contested general election races for the immediately | 6 |
| preceding 2 general elections, as reported in the initial | 7 |
| filing period subsequent to the general election, for the | 8 |
| respective offices of State Senate and State House of | 9 |
| Representatives. | 10 |
| (4) For uncontested legislative general elections, the | 11 |
| amount of revenues to be distributed from the Fund is 40% | 12 |
| of the amount distributed to a participating candidate in a | 13 |
| contested general election. | 14 |
| (5) For gubernatorial primary elections, the amount of | 15 |
| revenues distributed is $2,000,000 per candidate in the | 16 |
| primary election. | 17 |
| (6) For gubernatorial general elections, the amount of | 18 |
| revenues distributed is $4,000,000 per candidate in the | 19 |
| general election. | 20 |
| If the immediately preceding election cycles do not contain | 21 |
| sufficient electoral data, the State Board shall use | 22 |
| information from the most recent applicable elections. | 23 |
| (j) When any campaign, finance, or election report shows | 24 |
| that the sum of a candidate's expenditures or obligations, or | 25 |
| funds raised or borrowed, whichever is greater, alone or in | 26 |
| conjunction with independent reported expenditures, exceeds |
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| the distribution amount under subsection (h), the State Board | 2 |
| shall issue immediately to any opposing Illinois Clean Election | 3 |
| Act candidate an additional amount equivalent to the reported | 4 |
| excess. Matching funds are limited to 2 times the amount | 5 |
| originally distributed under subsection (h), paragraph (1), | 6 |
| (3), (5), or (6), whichever is applicable. | 7 |
| (k) An unenrolled candidate certified by April 15th | 8 |
| preceding the primary election is eligible for revenues from | 9 |
| the Fund in the same amounts and at the same time as an | 10 |
| uncontested primary election candidate and a general election | 11 |
| candidate as specified in subsections (g) and (h). For an | 12 |
| unenrolled candidate not certified by April 15th at 5:00 p.m. | 13 |
| the deadline for filing qualifying contributions is 5:00 p.m. | 14 |
| on June 2nd preceding the general election. An unenrolled | 15 |
| candidate certified after April 15th at 5:00 p.m. is eligible | 16 |
| for revenues from the Fund in the same amounts as a general | 17 |
| election candidate, as specified in subsections (g) and (h). | 18 |
| (l) The State Board shall establish by rule procedures for | 19 |
| qualification, certification, disbursement of Fund revenues, | 20 |
| and return of unspent Fund revenues for races involving special | 21 |
| elections, recounts, vacancies, withdrawals, or replacement | 22 |
| candidates. | 23 |
| (m) Notwithstanding any other provision of law, | 24 |
| participating and certified candidates shall report any money | 25 |
| collected, all campaign expenditures, obligations, and related | 26 |
| activities to the State Board according to procedures developed |
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| by the State Board. Upon the filing of a final report for any | 2 |
| primary election in which the candidate was defeated and for | 3 |
| all general elections that candidate shall return all unspent | 4 |
| Fund revenues to the State Board. In developing these | 5 |
| procedures, the State Board shall utilize existing campaign | 6 |
| reporting procedures whenever practicable. The State Board | 7 |
| shall ensure timely public access to campaign finance data and | 8 |
| may utilize electronic means of reporting and storing | 9 |
| information. | 10 |
| (n) The treasurer shall obtain and keep: | 11 |
| (1) Bank or other account statements for the campaign | 12 |
| account covering the duration of the campaign. | 13 |
| (2) A vendor invoice stating the particular goods or | 14 |
| services purchased for every expenditure of $50 or more. | 15 |
| (3) A record proving that a vendor received payment for | 16 |
| every expenditure of $50 or more in the form of a cancelled | 17 |
| check, receipt from the vendor, or bank or credit card | 18 |
| statement identifying the vendor as the payee. | 19 |
| The treasurer shall preserve the records for 2 years | 20 |
| following the candidate's final campaign finance report for the | 21 |
| election cycle. The candidate and treasurer shall submit | 22 |
| photocopies of the records to the State Board upon its request. | 23 |
| (o) The State Board may not distribute revenues to | 24 |
| certified candidates in excess of the total amount of money | 25 |
| deposited in the Fund as set forth in Section 15. | 26 |
| Notwithstanding any other provisions of this Act, if the State |
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| Board determines that the revenues in the Fund are insufficient | 2 |
| to meet distributions under subsections (h) or (i), the State | 3 |
| Board may permit certified candidates to accept and spend | 4 |
| contributions, reduced by any seed money contributions, | 5 |
| aggregating no more than $500 per donor per election for | 6 |
| gubernatorial candidates and $250 per donor per election for | 7 |
| State Senate and State House candidates, up to the applicable | 8 |
| amounts set forth in subsections (h) and (i) according to rules | 9 |
| adopted by the State Board. | 10 |
| (p) A candidate who has been denied certification as an | 11 |
| Illinois Clean Election Act candidate, the opponent of a | 12 |
| candidate who has been granted certification as an Illinois | 13 |
| Clean Election Act candidate, or other interested persons may | 14 |
| challenge a certification decision by the State Board as | 15 |
| follows: | 16 |
| (1) A challenger may appeal to the full State Board | 17 |
| within 7 days after the certification decision. The appeal | 18 |
| must be in writing and must set forth the reasons for the | 19 |
| appeal. | 20 |
| (2) Within 5 days after an appeal is properly made and | 21 |
| after notice is given to the challenger and any opponent, | 22 |
| the State Board shall hold a hearing. The appellant has the | 23 |
| burden of providing evidence to demonstrate that the State | 24 |
| Board decision was improper. The State Board must rule on | 25 |
| the appeal within 3 days after the completion of the | 26 |
| hearing. |
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| (3) A challenger may appeal the decision of the State | 2 |
| Board in paragraph (2) by commencing an action in circuit | 3 |
| court. | 4 |
| (4) A candidate whose certification by the State Board | 5 |
| as an Illinois Clean Election Act candidate is revoked on | 6 |
| appeal must return to the State Board any unspent revenues | 7 |
| distributed from the Fund. | 8 |
| If the State Board or court finds that an appeal was made | 9 |
| frivolously or to cause delay or hardship, the State Board or | 10 |
| court may require the moving party to pay costs of the State | 11 |
| Board, court, and opposing parties, if any.
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| Section 25. Rules. The State Board shall adopt rules to | 13 |
| ensure effective administration of this Act. These rules must | 14 |
| include but must not be limited to procedures for obtaining | 15 |
| qualifying contributions, certification as an Illinois Clean | 16 |
| Election Act candidate, circumstances involving special | 17 |
| elections, vacancies, recounts, withdrawals or replacements, | 18 |
| collection of revenues for the Fund, distribution of Fund | 19 |
| revenue to certified candidates, return of unspent Fund | 20 |
| disbursements, disposition of equipment purchased with Clean | 21 |
| Election Funds, and compliance with this Act.
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| Section 30. Violations.
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| (a) In addition to any other penalties that may be | 24 |
| applicable, a person who violates any provision of this Act or |
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| rules of the State Board adopted pursuant to Section 25 is | 2 |
| subject to a fine not to exceed $50,000 per violation payable | 3 |
| to the Fund. The State Board may assess a fine of up to $50,000 | 4 |
| for a violation of reporting requirements if it determines that | 5 |
| the failure to file a timely and accurate report resulted in | 6 |
| the late payment of matching funds. This fine is recoverable in | 7 |
| a civil action. In addition to any fine, for good cause shown, | 8 |
| a candidate, treasurer, consultant, or other agent of the | 9 |
| candidate or the committee authorized by the candidate found in | 10 |
| violation of this Act or rules of the State Board may be | 11 |
| required to return to the Fund all amounts distributed to the | 12 |
| candidate from the Fund or any funds not used for | 13 |
| campaign-related purposes. If the State Board makes a | 14 |
| determination that a violation of this Act or rules of the | 15 |
| State Board has occurred, the State Board shall assess a fine | 16 |
| or transmit the finding to the Attorney General for | 17 |
| prosecution. Fines paid under this Section must be deposited in | 18 |
| the Fund. In determining whether or not a candidate is in | 19 |
| violation of the expenditure limits of this Act, the State | 20 |
| Board may consider as a mitigating factor any circumstances out | 21 |
| of the candidate's control. | 22 |
| (b) A person who willfully or knowingly violates this Act | 23 |
| or rules of the State Board or who willfully or knowingly makes | 24 |
| a false statement in any report required by this Act commits a | 25 |
| Class 4 felony and, if certified as an Illinois Clean Election | 26 |
| Act candidate, must return to the Fund all amounts distributed |
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| to the candidate. | 2 |
| Section 35. Study report. By January 30, 2009 and every 4 | 3 |
| years after that date, the State Board shall prepare for the | 4 |
| General Assembly a report documenting, evaluating, and making | 5 |
| recommendations relating to the administration, | 6 |
| implementation, and enforcement of this Act and the Illinois | 7 |
| Clean Election Fund.
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| Section 90. The State Finance Act is amended by adding | 9 |
| Section 5.675 as follows: | 10 |
| (30 ILCS 105/5.675 new) | 11 |
| Sec. 5.675. Illinois Clean Election Fund. | 12 |
| Section 95. The Illinois Income Tax Act is amended by | 13 |
| changing Sections 509 and 510 and by adding Section 507PP as | 14 |
| follows: | 15 |
| (35 ILCS 5/507PP new) | 16 |
| Sec. 507PP. The Illinois Clean Election Fund checkoff. For | 17 |
| taxable
years ending on or after December 31, 2007, the | 18 |
| Department must
print on its standard individual income tax | 19 |
| form a provision
indicating that if the taxpayer wishes to | 20 |
| contribute to the
Illinois Clean Election Fund, as authorized | 21 |
| by the Illinois Clean Election Act, he or she may do so by |
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| stating the
amount of the contribution (not less than $3) on | 2 |
| the return and
that the contribution will reduce the taxpayer's | 3 |
| refund or
increase the amount of payment to accompany the | 4 |
| return. Failure
to remit any amount of increased payment shall | 5 |
| reduce the
contribution accordingly. This Section does not | 6 |
| apply to any
amended return.
| 7 |
| (35 ILCS 5/509) (from Ch. 120, par. 5-509)
| 8 |
| Sec. 509. Tax checkoff explanations. All individual income | 9 |
| tax return forms
shall contain appropriate explanations and | 10 |
| spaces to enable the taxpayers to
designate contributions to | 11 |
| the following funds:
the Child Abuse Prevention Fund,
the | 12 |
| Illinois Wildlife Preservation Fund (as required by the | 13 |
| Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's | 14 |
| Disease Research Fund (as required by the Alzheimer's
Disease | 15 |
| Research Act),
the Assistance to the Homeless Fund (as required | 16 |
| by this Act),
the Penny Severns Breast and Cervical Cancer | 17 |
| Research Fund,
the National World War II Memorial Fund,
the | 18 |
| Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) | 19 |
| Research Fund,
the Multiple Sclerosis Assistance Fund,
the | 20 |
| Sarcoidosis Research Fund, the Leukemia Treatment and | 21 |
| Education Fund,
the World War II Illinois Veterans Memorial | 22 |
| Fund,
the Korean War Veterans National Museum and Library Fund,
| 23 |
| the Illinois Military Family Relief Fund,
the Blindness | 24 |
| Prevention Fund, the Illinois Veterans' Homes Fund, the | 25 |
| Epilepsy Treatment and Education Grants-in-Aid Fund, the |
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| Diabetes Research Checkoff Fund, the Vince Demuzio Memorial | 2 |
| Colon Cancer Fund, the Autism Research Fund, the Heartsaver AED | 3 |
| Fund, the Asthma and Lung Research Fund, the Illinois Clean | 4 |
| Election Fund, and the Illinois Brain Tumor Research Fund.
| 5 |
| Each form shall contain a statement that the contributions | 6 |
| will reduce the
taxpayer's refund or increase the amount of | 7 |
| payment to accompany the return.
Failure to remit any amount of | 8 |
| increased payment shall reduce the contribution
accordingly.
| 9 |
| If, on October 1 of any year, the total contributions to | 10 |
| any one of the
funds made under this Section do not equal | 11 |
| $100,000 or more, the explanations
and spaces for designating | 12 |
| contributions to the fund shall be removed from the
individual | 13 |
| income tax return forms for the following and all subsequent | 14 |
| years
and all subsequent contributions to the fund shall be | 15 |
| refunded to the taxpayer.
| 16 |
| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | 17 |
| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | 18 |
| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | 19 |
| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | 20 |
| 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | 21 |
| 8-3-06.)
| 22 |
| (35 ILCS 5/510) (from Ch. 120, par. 5-510)
| 23 |
| Sec. 510. Determination of amounts contributed. The | 24 |
| Department shall
determine the total amount contributed to each | 25 |
| of the following:
the Child Abuse Prevention Fund,
the Illinois |
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| Wildlife Preservation Fund,
the Assistance to the Homeless | 2 |
| Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns | 3 |
| Breast and Cervical Cancer Research Fund,
the National World | 4 |
| War II Memorial Fund,
the Prostate Cancer Research Fund,
the | 5 |
| Illinois Military Family Relief Fund,
the Lou Gehrig's Disease | 6 |
| (ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,
| 7 |
| the Sarcoidosis Research Fund, the Leukemia Treatment and | 8 |
| Education Fund,
the World War II Illinois Veterans Memorial | 9 |
| Fund,
the Korean War Veterans National Museum and Library Fund, | 10 |
| the Illinois Veterans' Homes Fund, the Epilepsy Treatment and | 11 |
| Education Grants-in-Aid Fund,
the Diabetes Research Checkoff | 12 |
| Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism | 13 |
| Research Fund, the Blindness Prevention Fund, the Heartsaver | 14 |
| AED Fund, the Illinois Clean Election Fund, the Asthma and Lung | 15 |
| Research Fund, and the Illinois Brain Tumor Research Fund;
and | 16 |
| shall notify the State Comptroller and the State Treasurer of | 17 |
| the amounts
to be transferred from the General Revenue Fund to | 18 |
| each fund, and upon receipt
of such notification the State | 19 |
| Treasurer and Comptroller shall transfer the
amounts.
| 20 |
| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | 21 |
| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | 22 |
| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | 23 |
| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | 24 |
| 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | 25 |
| 8-3-06.)
| 26 |
| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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