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90_HB0866
New Act
30 ILCS 105/5.449 new
35 ILCS 5/507R new
35 ILCS 5/509 from Ch. 120, par. 5-509
35 ILCS 5/510 from Ch. 120, par. 5-510
Creates the Clean Election Act and amends the Illinois
Income Tax Act and the State Fiance Act. Limits amounts of
contributions that may be made to candidates for the Offices
of Governor, Lieutenant Governor, Attorney General, Secretary
of State, Treasurer, Comptroller and for the General
Assembly. Requires candidates to maintain an election fund
bank account. Provides that qualified candidates may receive
matching funds from the State. Creates the Clean Election
Fund. Provides for a voluntary check-off system to permit
taxpayers to designate $1 of their income taxes to be used
for that purpose. Contains other provisions. Effective
January 1, 1998.
LRB9002650MWpkA
LRB9002650MWpkA
1 AN ACT concerning campaign financing.
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 Clean Election Act.
6 Section 5. Legislative findings. It is hereby declared
7 to be in the public interest and to be the policy of this
8 State that primary and general election campaigns for
9 constitutional offices and the General Assembly shall be
10 partially financed by public support under the provisions of
11 this Act. It is the intention of this Act that the financing
12 be sufficient so that candidates for election to
13 constitutional offices and the General Assembly may conduct
14 their campaigns free from the predominance of special
15 interest influence and so that persons of limited financial
16 means may seek election to office.
17 Section 10. Definitions. As used in this Act, unless
18 the context clearly indicates otherwise:
19 "Act" means this Act.
20 "Board" means the State Board of Elections.
21 "Candidate" means any individual who seeks nomination for
22 election, or election, to the Office of Governor, Lieutenant
23 Governor, Attorney General, Treasurer, Secretary of State, or
24 Comptroller or to the General Assembly, whether or not the
25 individual is elected. An individual seeks nomination for
26 election, or election, if he or she (1) takes the action
27 necessary under the laws of this State to attempt to qualify
28 for nomination for election, or election, to the Office of
29 Governor, Lieutenant Governor, Attorney General, Treasurer,
30 Secretary of State, or Comptroller or to the General Assembly
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1 or (2) receives contributions or makes expenditures, or gives
2 consent for another individual or political committee to
3 receive contributions or make expenditures with a view to
4 bring about the individual's nomination for election, or
5 election, to office.
6 "Consumer Price Index" means the consumer price index as
7 defined and officially reported by the United States Bureau
8 of Labor Statistics or its successor agency.
9 "Contribution" means:
10 (1) a gift, subscription, donation, dues, loan,
11 deposit of money, or anything of value, that is knowingly
12 given or received in connection with the nomination or
13 election of any individual to the Office of Governor,
14 Lieutenant Governor, Attorney General, Treasurer,
15 Secretary of State, or Comptroller or to the General
16 Assembly;
17 (2) the purchase of tickets for fundraising events,
18 including but not limited to, dinners, luncheons,
19 cocktail parties, shows, and rallies;
20 (3) the payment by any individual, other than by a
21 candidate or his or her principal campaign committee, of
22 compensation for the personal services of another
23 individual that are rendered without charge to the
24 candidate;
25 (4) a transfer of funds between political
26 committees; or
27 (5) a donation, gift, purchase of tickets,
28 assumption of credit, or anything of value knowingly
29 given or received in connection with the repayment of any
30 candidate's campaign debt.
31 "Contribution" shall not include services provided
32 without compensation by individuals volunteering a portion or
33 all of their time on behalf of any candidate or candidates.
34 "Expenditure" means any payments made, or debts and
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1 obligations incurred, by a candidate, a pair of candidates,
2 or a principal campaign committee in connection with the
3 election of any individuals to the offices of Governor,
4 Lieutenant Governor, Attorney General, Treasurer, Secretary
5 of State, or Comptroller or to the General Assembly.
6 "Family" means the spouse, father, mother, father-in-law,
7 mother-in-law, children, or siblings of any candidate.
8 "General election" means the election at which the
9 Governor, Lieutenant Governor, Attorney General, Treasurer,
10 Secretary of State, or Comptroller or members of the General
11 Assembly is elected. For the purposes of this Act, the
12 "general election" includes that period beginning with the
13 day after the primary election and concludes July 1 of the
14 year after the general election.
15 "Primary election" means the primary election at which
16 nominees to the offices of Governor, Lieutenant Governor,
17 Attorney General, Treasurer, Secretary of State, or
18 Comptroller or the General Assembly are elected. For the
19 purposes of this Act, the "primary election" includes that
20 period beginning with July 1 of the year after the general
21 election and leading up to and including the date of the next
22 primary election.
23 "Political committee" means political committee as
24 defined in Section 9-1.9 of the Election Code.
25 "Political party" means political party as defined in
26 Section 7-2 of the Election Code.
27 "Principal campaign committee" means the committee
28 designated by a candidate to the offices of Governor,
29 Lieutenant Governor, Attorney General, Treasurer, Secretary
30 of State, or Comptroller or to the General Assembly as the
31 committee authorized to receive contributions, make
32 expenditures, and receive public funds under this Act.
33 "Public matching funds" means any moneys disbursed under
34 Section 60 of this Act.
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1 "Eligible Governor candidate" means:
2 (1) any candidate of any political party whose name
3 has been certified by the Board to appear on the official
4 primary ballot for the office of Governor and whose
5 principal campaign committee has received contributions
6 in amounts of $250 or less, totalling $100,000 as
7 adjusted by Section 25, as documented by reports filed
8 with the Board; or
9 (2) any candidate who has been nominated by primary
10 under Article 7 of the Election Code or any candidate who
11 has filed valid nomination papers under Article 10 of the
12 Election Code for the office of Governor and whose
13 principal campaign committee has received contributions
14 in amounts of $250 or less, totalling $100,000 as
15 adjusted by Section 25, as documented by reports filed
16 with the Board.
17 "Eligible Lieutenant Governor candidate" means:
18 (1) any candidate of any political party whose name
19 has been certified by the Board to appear on the official
20 primary ballot for the office of Lieutenant Governor and
21 whose principal campaign committee has received
22 contributions in amounts of $250 or less, totalling
23 $10,000 as adjusted by Section 25, as documented by
24 reports filed with the Board; or
25 (2) any Lieutenant Governor candidate who has been
26 nominated by primary under Article 7 of the Election Code
27 to run a joint election campaign with the nominated
28 candidate for Governor of each political party or any
29 candidate running independently.
30 "Eligible Attorney General candidate" means:
31 (1) any candidate of any political party whose name
32 has been certified by the Board to appear on the official
33 primary ballot for the Office of Attorney General and
34 whose principal campaign committee has received
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1 contributions in amounts of $250 or less, totalling
2 $25,000 as adjusted by Section 25, as documented by
3 reports filed with the Board; or
4 (2) any candidate who has been nominated by primary
5 under Article 7 of the Election Code or any candidate who
6 has filed valid nomination papers under Article 10 of the
7 Election Code for the Office of Attorney General and
8 whose principal campaign committee has received
9 contributions in amounts of $250 or less, totalling
10 $25,000 as adjusted by Section 25, as documented by
11 reports filed with the Board.
12 "Eligible Secretary of State candidate" means:
13 (1) any candidate of any political party whose name
14 has been certified by the Board to appear on the official
15 primary ballot for the Office of Secretary of State and
16 whose principal campaign committee has received
17 contributions in amounts of $250 or less, totalling
18 $25,000 as adjusted by Section 25, as documented by
19 reports filed with the Board; or
20 (2) any candidate who has been nominated by primary
21 under Article 7 of the Election Code or any candidate who
22 has filed valid nomination papers under Article 10 of the
23 Election Code for the Office of Secretary of State and
24 whose principal campaign committee has received
25 contributions in amounts of $250 or less, totalling
26 $25,000 as adjusted by Section 25, as documented by
27 reports filed with the Board.
28 "Eligible Treasurer candidate" means:
29 (1) any candidate of any political party whose name
30 has been certified by the Board to appear on the official
31 primary ballot for the Office of Treasurer and whose
32 principal campaign committee has received contributions
33 in amounts of $250 or less, totaling $10,000 as adjusted
34 by Section 25, as documented by reports filed with the
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1 Board; or
2 (2) any candidate who has been nominated by primary
3 under Article 7 of the Election Code or any candidate who
4 has filed valid nomination papers under Article 10 of the
5 Election Code for the Office of Treasurer and whose
6 principal campaign committee has received contributions
7 in amounts of $250 or less, totalling $10,000 as adjusted
8 by Section 25, as documented by reports filed with the
9 Board.
10 "Eligible Comptroller candidate" means:
11 (1) any candidate of any political party whose name
12 has been certified by the Board to appear on the official
13 primary ballot for the Office of Comptroller and whose
14 principal campaign committee has received contributions
15 in amounts of $250 or less, totaling $10,000 as adjusted
16 by Section 25, as documented by reports filed with the
17 Board; or
18 (2) any candidate who has been nominated by primary
19 under Article 7 of the Election Code or any candidate who
20 has filed valid nomination papers under Article 10 of the
21 Election Code for the Office of Comptroller and whose
22 principal campaign committee has received contributions
23 in amounts of $250 or less, totaling $10,000 as adjusted
24 by Section 25, as documented by reports filed with the
25 Board.
26 "Eligible Senator candidate" means:
27 (1) any candidate of any political party whose name
28 has been certified by the Board to appear on the official
29 primary ballot for the Office of Senator and whose
30 principal campaign committee has received contributions
31 in amounts of $250 or less, totaling $20,000 as adjusted
32 by Section 25, as documented by reports filed with the
33 Board; or
34 (2) any candidate who has been nominated by primary
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1 under Article 8 of the Election Code or any candidate who
2 has filed valid nomination papers under Article 10 of the
3 Election Code for the Office of Senator and whose
4 principal campaign committee has received contributions
5 in amounts of $250 or less, totalling $20,000 as adjusted
6 by Section 25, as documented by reports filed with the
7 Board.
8 "Eligible Representative candidate" means:
9 (1) any candidate of any political party whose name
10 has been certified by the Board to appear on the official
11 primary ballot for the Office of Representative and whose
12 principal campaign committee has received contributions
13 in amounts of $250 or less, totalling $10,000 as adjusted
14 by Section 25, as documented by reports filed with the
15 Board; or
16 (2) any candidate who has been nominated by primary
17 under Article 8 of the Election Code or any candidate who
18 has filed valid nomination papers under Article 10 of the
19 Election Code for the Office of Representative and whose
20 principal campaign committee has received contributions
21 in amounts of $250 or less, totalling $10,000 as adjusted
22 by Section 25, as documented by reports filed with the
23 Board.
24 "Reports" means those reports filed by political
25 committees under Article 9 of the Election Code or any other
26 reports required by the Board under this Act.
27 "Qualified contribution" means the entire amount of all
28 contributions of $250 or less, as adjusted by Section 25,
29 given by an individual or political committee in connection
30 with the election of any candidates to the Offices of
31 Governor, Lieutenant Governor, Attorney General, Treasurer,
32 Secretary of State, or Comptroller or to the members of
33 General Assembly and includes only the first $250, as
34 adjusted by Section 25, of any individual's or political
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1 committee's total aggregate contributions given during a
2 primary or general election. "Qualified contribution" does
3 not include a loan or advance or a credit, subscription, or
4 in-kind contribution.
5 Section 15. Application of this Act. The provisions of
6 this Act shall apply to the primary and general elections
7 held in 2000, and to all subsequent elections covered by this
8 Act.
9 Section 20. Use of funds.
10 (a) A candidate receiving public matching funds shall
11 accept contributions only from individuals and political
12 committees as defined in Article 9 of the Election Code.
13 (b) Communications of any subject by a corporation to
14 its stockholders and their families, or by a labor
15 organization or association to its members and their
16 families, and nonpartisan registration and get-out-the-vote
17 campaigns by a corporation aimed at its stockholders or by a
18 labor organization or association aimed at its members, shall
19 not be construed to be in connection with the election of any
20 candidates to the Offices of Governor, Lieutenant Governor,
21 Attorney General, Treasurer, Secretary of State, or
22 Comptroller or to the General Assembly during any primary or
23 general election.
24 (c) Any knowing violation of this Section is a Class A
25 misdemeanor.
26 Section 25. Inflationary adjustment. The dollar amounts
27 specified in this Act shall be subject to a biannual
28 inflationary adjustment to be determined by rule of the Board
29 under this Section. The Board shall determine the cumulative
30 percentage difference in the Consumer Price Index between
31 June 30 of each year preceding a general election and the
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1 base period of 1994. All dollar amounts specified in this Act
2 shall be adjusted by that amount by August 1 of each year
3 before a general election, rounding to the nearest multiple
4 of $25.
5 Section 30. Loans to a candidate. No candidate for
6 nomination or election to office covered under this Act shall
7 accept any loan or any other form of credit under any terms
8 in any way deviating from the regular practices of the
9 lending institution making the loan. Any knowing violation of
10 this Section is a Class A misdemeanor.
11 Section 35. Principal campaign committee.
12 (a) For the purposes of this Act, the candidates for
13 Governor and Lieutenant Governor of each political party, or
14 any candidates running independently, shall run a joint
15 general election campaign. Each pair of candidates shall
16 jointly organize a single principal campaign committee and
17 shall jointly designate its officers, as is required under
18 Article 9 of the Election Code. A principal campaign
19 committee shall jointly accept contributions and make
20 expenditures in connection with the election of any pair of
21 candidates to the Offices of Governor and Lieutenant
22 Governor. Nothing in this Section shall require candidates to
23 run joint primary campaigns.
24 (b) Each candidate for nomination for election to the
25 Office of Governor, Lieutenant Governor, Attorney General,
26 Treasurer, Secretary of State, or Comptroller or to the
27 General Assembly shall organize a single principal campaign
28 committee and shall designate its officers as is required
29 under Article 9 of the Election Code. The principal campaign
30 committee shall accept all contributions and make all
31 expenditures in connection with the candidate's primary
32 election campaign.
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1 Section 40. Campaign bank accounts.
2 (a) Each candidate in the primary election for nomination
3 to the Offices of Governor, Lieutenant Governor, Attorney
4 General, Treasurer, Secretary of State, or Comptroller or to
5 the General Assembly shall create a bank account in a
6 national or State bank or savings and loan institution. The
7 candidate, or any official of his or her principal campaign
8 committee, shall promptly deposit all contributions and
9 public matching funds received into the account. All
10 campaign expenditures made by the principal campaign
11 committee shall be made out of this account.
12 (b) Each candidate in the general election for
13 nomination to the Offices of Governor, Lieutenant Governor,
14 Attorney General, Treasurer, Secretary of State, or
15 Comptroller or to the General Assembly shall create a bank
16 account in a national or State bank or savings and loan
17 institution. The candidate or any official of his or her
18 principal campaign committee shall promptly deposit all
19 contributions and public matching funds received into the
20 account. All campaign expenditures made by the principal
21 campaign committee shall be made out of this account.
22 (c) No moneys deposited in any candidate's account for
23 the primary election may be commingled with general election
24 funds or used to pay for general election expenses.
25 Provided, however, a candidate may transfer a combined total
26 of not more than $25,000, as adjusted by Section 25, from the
27 primary election account for general election expenses. Any
28 moneys transferred do not count toward the qualifying amount
29 under Section 50. No moneys deposited in a candidates'
30 account for the general election may be transferred or
31 expended until the day following the primary election or may
32 be expended for primary election expenses.
33 (d) No State or national bank or savings and loan
34 institution which acts as a depository for election funds as
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1 provided in this Act shall be held accountable for the proper
2 application of funds deposited or withdrawn from the accounts
3 by the individuals in whose name or names the accounts are
4 opened or maintained, nor shall the State or national bank or
5 savings and loan institution be under any duty to determine
6 whether the funds deposited in the account are deposited,
7 withdrawn, or transmitted for the purposes and at the time
8 prescribed by law, or are received from sources and in amount
9 limited by law.
10 Section 45. Clean Election Fund.
11 (a) There is established a special fund in the State
12 Treasury to be known as the Clean Election Fund. The Board
13 shall maintain a separate record for each candidate or pair
14 of candidates who is eligible under this Act.
15 (b) If, after an election and after all eligible
16 candidates have been paid the amount which they are entitled
17 to receive under this Act, there are moneys remaining in the
18 Fund, the State Comptroller and State Treasurer shall
19 transfer the remaining moneys to the General Revenue Fund.
20 (c) Upon receipt of a certification from the Board under
21 subsection (b) of Section 55 for payment to the eligible
22 candidates, the State Comptroller shall within 5 working days
23 pay to the candidate out of the Fund the amount certified by
24 the Board. Amounts paid to any candidates shall be under the
25 control of the candidates.
26 (d) If, on or after the 90th day before the general
27 election, the moneys in the Fund are not sufficient to
28 satisfy any unpaid entitlement of the eligible candidates to
29 which the account relates, the moneys remaining in the fund
30 shall be distributed to the eligible candidates in an
31 equitable manner, under rules adopted by the Board.
32 (e) If, after the date of the primary or general
33 election campaign, any candidate or pair of candidates who
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1 has received public matching funds has surplus moneys in his
2 or her account, the moneys may be retained for the
3 liquidation of all obligations and for payment of expenses
4 incurred during the primary or general election campaign.
5 Moneys from the primary election campaign may be retained for
6 a period not to exceed 6 months after the primary election.
7 Moneys from the general election campaign may be retained for
8 a period not to extend after June 30 of the year following an
9 election. All moneys remaining available to any candidate or
10 pair of candidates after all obligations have been liquidated
11 shall be paid into the Clean Election Fund, except that no
12 candidate or pair of candidates shall pay into the Fund
13 moneys in excess of the amount of public matching funds
14 received from the Fund.
15 (f) No obligations may be incurred by a candidate or
16 pair of candidates after the date of the primary or general
17 election other than those expenses necessary to close out his
18 or her campaign account. The Board shall determine what
19 costs are allowable under this subsection.
20 (g) All provisions outlined in this Section shall apply
21 equally to any candidate or pair of candidates who withdraw
22 for any reason before the election for which public matching
23 funds were received.
24 Section 50. Requirements for public matching funds.
25 (a) In order to receive any public matching funds under
26 this Act, an eligible candidate or pair of candidates in a
27 primary or general election shall fulfill all the following
28 requirements:
29 (1) have a principal campaign committee that has
30 accepted contributions in amounts of $250 or less as
31 adjusted by Section 25, totaling at least:
32 (i) $100,000 as adjusted by Section 25 for the
33 Office of Governor;
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1 (ii) $10,000 as adjusted by Section 25 for the
2 Office of Lieutenant Governor;
3 (iii) $25,000 as adjusted by Section 25 for
4 the Office of Attorney General;
5 (iv) $25,000 as adjusted by Section 25 for the
6 Office of Secretary of State;
7 (v) $10,000 as adjusted by Section 25 for the
8 Office of Comptroller;
9 (vi) $10,000 as adjusted by Section 25 for the
10 Office of Treasurer;
11 (vii) $20,000 as adjusted by Section 25 for
12 Senator; and
13 (viii) $10,000 as adjusted by Section 25 for
14 Representative.
15 (2) agree in writing to deposit all contributions
16 and public matching funds into a single account and to
17 make all campaign expenditures from that account.
18 (3) agree in writing not to contribute more than
19 $250, adjusted by Section 25, of his or her own personal
20 or family funds to his or her primary or general election
21 campaign.
22 (4) agree in writing to obtain and furnish to the
23 Board any evidence that it may request of the
24 contributions of $250 or less as adjusted by Section 25
25 with respect to which payment is sought.
26 (5) agree in writing to keep and furnish to the
27 Board any relevant records, books, and other information
28 that it may request.
29 (6) agree in writing to an audit and examination by
30 the Board.
31 (7) agree in writing to expend not more than:
32 (i) $2,000,000 in a primary election and
33 $6,000,000 in a general election, as adjusted by
34 Section 25, for the Office of Governor;
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1 (ii) $100,000 in a primary election, as
2 adjusted by Section 25, for the Office of Lieutenant
3 Governor;
4 (iii) $750,000 in a primary election and
5 $2,000,000 in a general election, as adjusted by
6 Section 25, for the Office of Attorney General;
7 (iv) $750,000 in a primary election and
8 $2,000,000 in a general election, as adjusted by
9 Section 25, for the Office of Secretary of State;
10 (v) $100,000 in a primary election and
11 $300,000 in a general election, as adjusted by
12 Section 25, for the Office of Comptroller;
13 (vi) $100,000 in a primary election and
14 $300,000 in a general election, as adjusted by
15 Section 25, for the Office of Treasurer;
16 (vii) $200,000 in a primary election and
17 $500,000 in a general election, as adjusted by
18 Section 25, for Senator; and
19 (viii) $100,000 in a primary election and
20 $250,000 in a general election, as adjusted by
21 Section 25, for Representative.
22 (b) None of these expenditure limitations shall apply to
23 any expenditures made before the filing with the Board of the
24 nomination petition of the candidate or pair of candidates.
25 (c) None of these requirements shall be construed to
26 apply to any candidates who elect not to receive public
27 matching funds.
28 Section 55. Ratio of public matching funds to funds
29 raised by the candidate.
30 (a) Public matching funds to eligible candidates shall
31 be made on a ratio of 4 matching dollars for every dollar
32 raised by the candidate.
33 (b) Upon application to and approval of the Board
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1 commencing with the primary election in 2000 and in all
2 subsequent elections, each eligible candidate in a primary
3 election shall receive, but not before August 1 of the year
4 before the election, public matching funds from the Clean
5 Election Fund equal to the qualified contributions in amounts
6 of $250 or less as adjusted by Section 25 accepted by his or
7 her principal campaign committee. No public matching funds
8 shall be made to match contributions received before the date
9 on which the candidate files his or her nomination petition
10 with the Board.
11 (c) Upon application to and approval of the Board,
12 commencing with the general election in 2000 and in all
13 subsequent elections, each eligible candidate or pair of
14 candidates in a general election shall receive, but not
15 before the date of the primary election, public matching
16 funds from the Clean Election Fund equal to the qualified
17 contributions in amounts of $250 or less, as adjusted by
18 Section 25, accepted by the principal campaign committee. No
19 public matching funds shall be made to match contributions
20 received before the primary date or the date on which
21 candidate files his or her nomination petition with the
22 Board, whichever is later.
23 Section 60. Reports.
24 (a) During a primary or general election, each eligible
25 candidate or pair of candidates for election shall, from time
26 to time as the Board may require, furnish to the Board a
27 detailed statement, in any form that the Board may prescribe,
28 of all contributions of $250 or less as adjusted by Section
29 25 received by his or her principal campaign committee before
30 the date of the statement. The Board shall require a
31 statement under this Section from the candidates at least
32 once every other week following qualification for public
33 matching funds, at least once each week during the second,
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1 third, and fourth weeks before the day of the primary or
2 general election, and at least twice during the week before
3 the primary or general election day. The Board shall not
4 require any statement before the date on which the candidate
5 or pair of candidates files its nomination petition with the
6 Board.
7 (b) On the basis of the evidence furnished by the
8 eligible candidates and before the examination and audit
9 under Section 65, the Board shall certify from time to time
10 to the State Comptroller for payment to the candidates the
11 public matching funds to which the candidates are entitled
12 under Section 55. Where public matching funds are required,
13 the Board shall make the certifications at least once every
14 other week after the primary date, at least once each week
15 during the second, third, and fourth weeks before the day of
16 the primary or general election, and at least twice during
17 the week before the primary day.
18 (c) Certifications by the Board of public matching funds
19 due to the candidates under this Section shall be final and
20 conclusive, except to the extent that they are subject to
21 examination and audit by the Board and to judicial review
22 under this Act.
23 Section 65. Audit.
24 (a) After each general and primary election, the Board
25 shall conduct a thorough examination and audit of the
26 campaign contributions to the candidates.
27 The audit following the primary election shall be
28 conducted not later than 6 months after the date of the
29 primary. There shall be 2 audits conducted following the
30 general election. One of the audits shall cover that period
31 included in the Post-Election Campaign Disclosure Report.
32 A final audit shall be conducted when the Board has
33 received a certification from a candidate, pair of
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1 candidates, or the principal campaign committee, that all
2 obligations have been met or the account is closed. The
3 Board must receive such certification from the candidates or
4 their principal campaign committee not later than June 30 of
5 the year after the general election.
6 (b) If the Board determines that any portion of the
7 public matching funds made to the eligible candidates under
8 Section 55 was in excess of the aggregate amount to which
9 candidates were entitled under Section 50, it shall notify
10 the candidates, and the candidates shall pay to the State
11 Treasurer within 15 days an amount equal to that portion.
12 If the Board determines that any amount of any public
13 matching funds received by the eligible candidates under
14 Section 55 was used for any purpose other than (i) to
15 defray the campaign expenses with respect for which the
16 public matching funds were received, or (ii) to repay loans,
17 the proceeds of which were used to restore funds otherwise
18 used to defray the campaign expenses, it shall notify such
19 candidates of the amount so used, and the candidates shall
20 pay to the State Treasurer moneys equal to that amount.
21 No notification shall be made by the Board under this
22 subsection (b) with respect to an election more than 3 years
23 after the day of such election.
24 All payments received by the State Treasurer under this
25 subsection (b) shall be deposited by him or her in the Clean
26 Election Fund.
27 (c) All provisions outlined in this Section apply equally
28 to any candidate or pair of candidates who withdraws for any
29 reason prior to the election for which public matching funds
30 were received.
31 Section 70. Report to the General Assembly. The Board
32 shall, as soon as possible after each election, submit a full
33 report to the General Assembly setting forth:
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1 (1) the aggregate amount of contributions of $250
2 or less as adjusted by Section 25 received, shown in any
3 detail that the Board determines necessary, by the
4 candidates and their principal campaign committees;
5 (2) the amounts certified by it under Section 60
6 for public matching funds to the eligible candidates; and
7 (3) the amount of payments, if any, required from
8 the candidates under Section 60, and the reasons for each
9 payment required.
10 Section 75. Investigations; civil court actions;
11 advisory opinions.
12 (a) The Board is authorized to adopt rules, to conduct
13 examinations and audits in addition to the examinations and
14 audits required by Section 65, to conduct investigations, and
15 to require the keeping and submission of any books, records,
16 and information that it deems necessary to carry out the
17 functions and duties imposed on it by this Act. The Board
18 shall not require the submission of any books, records, or
19 information concerning contributions received by a candidate
20 or pair of candidates until such candidate or pair of
21 candidates has filed its nomination petition with the Board.
22 (b) The Board is authorized to appear in and defend
23 against any action filed under this Section, and may be
24 represented in the actions either by attorneys employed in
25 its office or by counsel whom it may appoint for that purpose
26 without regard to the provisions of the Personnel Code.
27 (c) The Board is authorized through attorneys and
28 counsel to appear in the circuit court in Sangamon County to
29 seek recovery of any amounts determined to be payable to the
30 State Treasurer as a result of examination and audit made
31 under Section 65.
32 (d) The Board is authorized through attorneys and
33 counsel to petition the circuit court in Sangamon County for
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1 declaratory or injunctive relief concerning any civil matter
2 covered by the provisions of this Act. The actions shall be
3 heard at the earliest practical date and expedited in every
4 way possible in order to prevent injury to the respective
5 parties.
6 (e) The Board is authorized through attorneys and
7 counsel to appeal, or to seek review of, any judgment entered
8 with respect to actions in which it appears under this
9 Section. The appeals shall be made in the same manner and
10 under the same conditions as provided by Supreme Court Rules
11 for other civil actions.
12 (f) The Board, through its legal counsel, is authorized
13 to render advisory opinions as to the interpretation and
14 clarification of any of the provisions of this Act and as to
15 whether a given set of facts and circumstances would
16 constitute a violation of any provisions of this Act. The
17 Board shall render its advisory opinion within 10 working
18 days of receipt of any request, unless an extension of time
19 is consented to by the person making the request.
20 Section 80. Judicial review.
21 (a) Any certification or final determination by the
22 Board made or taken under the provisions of this Act shall be
23 subject to direct review by the Appellate Court in the
24 Judicial District in which Springfield is located upon
25 petition filed in the court by any interested person. Any
26 petition filed under this Section must be filed within 30
27 days after the certification, determination, or other action
28 by the Board for which review is sought.
29 (b) The Board and individuals eligible to vote are
30 authorized to institute any actions, including actions for
31 declaratory judgment or injunctive relief, that may be
32 appropriate to implement or construe any provision of this
33 Act.
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1 (c) The circuit court in Sangamon County shall have
2 jurisdiction of proceedings instituted under subsection (b)
3 and shall exercise its jurisdiction without regard to whether
4 a person asserting rights under subsection (b) shall have
5 exhausted any administrative or other remedies that may be
6 provided. Such proceedings shall be heard at the earliest
7 practical date and expedited in every way possible in order
8 to prevent injury to the respective parties. Appeals shall
9 be as in other civil cases.
10 Section 85. Violations.
11 (a) It is unlawful for any individual who receives any
12 public matching funds under Section 55 to knowingly and
13 willfully use, or authorize the use of, the public matching
14 funds or any portion for any purpose other than:
15 (1) to defray the campaign expenses with respect to
16 which the public matching funds were received, or
17 (2) to repay loans, the proceeds of which were used
18 to restore funds otherwise used to defray qualified
19 campaign expenses.
20 Any individual who knowingly violates this subsection (a)
21 is guilty of a Class 4 felony.
22 (b) It is unlawful for any individual knowingly and
23 willfully:
24 (1) to furnish any false, fictitious, or fraudulent
25 evidence, books, or information to the Board under this
26 Act, or to include in any evidence, books, or information
27 so furnished any misrepresentation of a material fact, or
28 to falsify or conceal any evidence, books, or information
29 relevant to a certification by the Board or an
30 examination and audit by the Board under this Act; or
31 (2) to fail to furnish to the Board any records,
32 books, or information requested of him or her for
33 purposes of this Act.
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1 Any individual who violates this subsection (b) is guilty
2 of a Class 4 felony.
3 (c) It is unlawful for any individual knowingly and
4 willfully to give or accept any unreported refund or any
5 illegal payment in connection with any campaign expense of
6 eligible candidates.
7 Any individual who knowingly violates this subsection (c)
8 is guilty of a Class 4 felony.
9 In addition to any penalty provided under this subsection
10 (c), any individual who accepts any unreported refund or
11 illegal payment in connection with any campaign expense of
12 eligible candidates shall pay to the State Treasurer, for
13 deposit in the Clean Election Fund, an amount equal to 200%
14 of the unreported refund or payment received.
15 Section 700. The State Finance Act is amended by adding
16 Section 5.449 as follows:
17 (30 ILCS 105/5.449 new)
18 Sec. 5.449. The Clean Election Fund.
19 Section 800. The Illinois Income Tax Act is amended by
20 changing Section 509 and 510 and adding Section 507R as
21 follows:
22 (35 ILCS 5/507R new)
23 Sec. 507R. Clean Election Fund. The Department shall
24 print on its standard individual income tax form a provision
25 indicating that if the taxpayer wishes to contribute $1 to
26 the Clean Election Fund, as authorized by this amendatory Act
27 of 1997, he or she may do so and that the contribution will
28 reduce the taxpayers's refund or increase the amount of
29 payment to accompany the return. Failure to remit any amount
30 of increased payment shall reduce the contribution
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1 accordingly. This Section shall not apply to any amended
2 return.
3 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
4 Sec. 509. Tax checkoff explanations. All individual
5 income tax return forms shall contain appropriate
6 explanations and spaces to enable the taxpayers to designate
7 contributions to the Child Abuse Prevention Fund, to the
8 Community Health Center Care Fund, to the Illinois Wildlife
9 Preservation Fund as required by the Illinois Non-Game
10 Wildlife Protection Act, to the Alzheimer's Disease Research
11 Fund as required by the Alzheimer's Disease Research Act, to
12 the Assistance to the Homeless Fund as required by this Act,
13 to the Heritage Preservation Fund as required by the Heritage
14 Preservation Act, to the Child Care Expansion Program Fund as
15 required by the Child Care Expansion Program Act, to the Ryan
16 White AIDS Victims Assistance Fund, to the Assistive
17 Technology for Persons with Disabilities Fund, to the
18 Domestic Violence Shelter and Service Fund, to the United
19 States Olympians Assistance Fund, to the Youth Drug Abuse
20 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
21 to the Literacy Advancement Fund, to the Ryan White Pediatric
22 and Adult AIDS Fund, to the Illinois Special Olympics
23 Checkoff Fund, to the Breast and Cervical Cancer Research
24 Fund, to the Korean War Memorial Fund, to the Heart Disease
25 Treatment and Prevention Fund, to the Hemophilia Treatment
26 Fund, to the Women in Military Service Memorial Fund, to the
27 Clean Election Fund, and to the Meals on Wheels Fund. Each
28 form shall contain a statement that the contributions will
29 reduce the taxpayer's refund or increase the amount of
30 payment to accompany the return. Failure to remit any amount
31 of increased payment shall reduce the contribution
32 accordingly.
33 If, on October 1 of any year, the total contributions to
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1 any one of the funds made under this Section do not equal
2 $100,000 or more, the explanations and spaces for designating
3 contributions to the fund shall be removed from the
4 individual income tax return forms for the following and all
5 subsequent years and all subsequent contributions to the fund
6 shall be refunded to the taxpayer.
7 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
8 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
9 8-13-95.)
10 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
11 Sec. 510. Determination of amounts contributed. The
12 Department shall determine the total amount contributed to
13 each of the following: the Child Abuse Prevention Fund, the
14 Illinois Wildlife Preservation Fund, the Community Health
15 Center Care Fund, the Assistance to the Homeless Fund, the
16 Alzheimer's Disease Research Fund, the Heritage Preservation
17 Fund, the Child Care Expansion Program Fund, the Ryan White
18 AIDS Victims Assistance Fund, the Assistive Technology for
19 Persons with Disabilities Fund, the Domestic Violence Shelter
20 and Service Fund, the United States Olympians Assistance
21 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
22 Conflict Veterans Fund, the Literacy Advancement Fund, the
23 Ryan White Pediatric and Adult AIDS Fund, the Illinois
24 Special Olympics Checkoff Fund, the Breast and Cervical
25 Cancer Research Fund, the Korean War Memorial Fund, the Heart
26 Disease Treatment and Prevention Fund, the Hemophilia
27 Treatment Fund, the Women in Military Service Memorial Fund,
28 to the Clean Election Fund, and the Meals on Wheels Fund; and
29 shall notify the State Comptroller and the State Treasurer of
30 the amounts to be transferred from the General Revenue Fund
31 to each fund, and upon receipt of such notification the State
32 Treasurer and Comptroller shall transfer the amounts.
33 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
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1 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
2 8-13-95.)
3 Section 999. Effective date. This Act takes effect
4 January 1, 1998.