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91_HB1776
LRB9102472MWmbA
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 shall be partially financed by public
10 support under the provisions of this Act. It is the
11 intention of this Act that the financing be sufficient so
12 that candidates for election to constitutional offices may
13 conduct their campaigns free from the predominance of special
14 interest influence and so that persons of limited financial
15 means may seek election to office.
16 Section 10. Definitions. As used in this Act, unless
17 the context clearly indicates otherwise:
18 "Act" means this Act.
19 "Board" means the State Board of Elections.
20 "Candidate" means any individual who seeks nomination for
21 election, or election, to the Office of Governor, Lieutenant
22 Governor, Attorney General, Treasurer, Secretary of State, or
23 Comptroller, whether or not the individual is elected. An
24 individual seeks nomination for election, or election, if he
25 or she (1) takes the action necessary under the laws of this
26 State to attempt to qualify for nomination for election, or
27 election, to the Office of Governor, Lieutenant Governor,
28 Attorney General, Treasurer, Secretary of State, or
29 Comptroller or (2) receives contributions or makes
30 expenditures, or gives consent for another individual or
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1 political committee to receive contributions or make
2 expenditures with a view to bring about the individual's
3 nomination for election, or election, to office.
4 "Consumer Price Index" means the consumer price index as
5 defined and officially reported by the United States Bureau
6 of Labor Statistics or its successor agency.
7 "Contribution" means:
8 (1) a gift, subscription, donation, dues, loan,
9 deposit of money, or anything of value, that is knowingly
10 given or received in connection with the nomination or
11 election of any individual to the Office of Governor,
12 Lieutenant Governor, Attorney General, Treasurer,
13 Secretary of State, or Comptroller;
14 (2) the purchase of tickets for fundraising events,
15 including but not limited to, dinners, luncheons,
16 cocktail parties, shows, and rallies;
17 (3) the payment by any individual, other than by a
18 candidate or his or her principal campaign committee, of
19 compensation for the personal services of another
20 individual that are rendered without charge to the
21 candidate;
22 (4) a transfer of funds between political
23 committees; or
24 (5) a donation, gift, purchase of tickets,
25 assumption of credit, or anything of value knowingly
26 given or received in connection with the repayment of any
27 candidate's campaign debt.
28 "Contribution" shall not include services provided
29 without compensation by individuals volunteering a portion or
30 all of their time on behalf of any candidate or candidates.
31 "Expenditure" means any payments made, or debts and
32 obligations incurred, by a candidate, a pair of candidates,
33 or a principal campaign committee in connection with the
34 election of any individuals to the offices of Governor,
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1 Lieutenant Governor, Attorney General, Treasurer, Secretary
2 of State, or Comptroller.
3 "Family" means the spouse, father, mother, father-in-law,
4 mother-in-law, children, or siblings of any candidate.
5 "General election" means the election at which the
6 Governor, Lieutenant Governor, Attorney General, Treasurer,
7 Secretary of State, or Comptroller is elected. For the
8 purposes of this Act, the "general election" includes that
9 period beginning with the day after the primary election and
10 concludes July 1 of the year after the general election.
11 "Primary election" means the primary election at which
12 nominees to the offices of Governor, Lieutenant Governor,
13 Attorney General, Treasurer, Secretary of State, or
14 Comptroller are elected. For the purposes of this Act, the
15 "primary election" includes that period beginning with July 1
16 of the year after the general election and leading up to and
17 including the date of the next primary election.
18 "Political committee" means political committee as
19 defined in Section 9-1.9 of the Election Code.
20 "Political party" means political party as defined in
21 Section 7-2 of the Election Code.
22 "Principal campaign committee" means the committee
23 designated by a candidate to the offices of Governor,
24 Lieutenant Governor, Attorney General, Treasurer, Secretary
25 of State, or Comptroller as the committee authorized to
26 receive contributions, make expenditures, and receive public
27 funds under this Act.
28 "Public matching funds" means any moneys disbursed under
29 Section 60 of this Act.
30 "Eligible Governor 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 Governor and whose
34 principal campaign committee has received contributions
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1 in amounts of $1,000 or less, totalling $200,000 as
2 adjusted by Section 25, as documented by reports filed
3 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 Governor and whose
8 principal campaign committee has received contributions
9 in amounts of $1,000 or less, totalling $200,000 as
10 adjusted by Section 25, as documented by reports filed
11 with the Board.
12 "Eligible Lieutenant Governor 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 Lieutenant Governor and
16 whose principal campaign committee has received
17 contributions in amounts of $1,000 or less, totalling
18 $10,000 as adjusted by Section 25, as documented by
19 reports filed with the Board; or
20 (2) any Lieutenant Governor candidate who has been
21 nominated by primary under Article 7 of the Election Code
22 to run a joint election campaign with the nominated
23 candidate for Governor of each political party or any
24 candidate running independently.
25 "Eligible Attorney General candidate" means:
26 (1) any candidate of any political party whose name
27 has been certified by the Board to appear on the official
28 primary ballot for the Office of Attorney General and
29 whose principal campaign committee has received
30 contributions in amounts of $1,000 or less, totalling
31 $50,000 as adjusted by Section 25, as documented by
32 reports filed with the Board; or
33 (2) any candidate who has been nominated by primary
34 under Article 7 of the Election Code or any candidate who
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1 has filed valid nomination papers under Article 10 of the
2 Election Code for the Office of Attorney General and
3 whose principal campaign committee has received
4 contributions in amounts of $1,000 or less, totalling
5 $50,000 as adjusted by Section 25, as documented by
6 reports filed with the Board.
7 "Eligible Secretary of State candidate" means:
8 (1) any candidate of any political party whose name
9 has been certified by the Board to appear on the official
10 primary ballot for the Office of Secretary of State and
11 whose principal campaign committee has received
12 contributions in amounts of $1,000 or less, totalling
13 $50,000 as adjusted by Section 25, as documented by
14 reports filed with the Board; or
15 (2) any candidate who has been nominated by primary
16 under Article 7 of the Election Code or any candidate who
17 has filed valid nomination papers under Article 10 of the
18 Election Code for the Office of Secretary of State and
19 whose principal campaign committee has received
20 contributions in amounts of $1,000 or less, totalling
21 $50,000 as adjusted by Section 25, as documented by
22 reports filed with the Board.
23 "Eligible Treasurer candidate" means:
24 (1) any candidate of any political party whose name
25 has been certified by the Board to appear on the official
26 primary ballot for the Office of Treasurer and whose
27 principal campaign committee has received contributions
28 in amounts of $1,000 or less, totaling $15,000 as
29 adjusted by Section 25, as documented by reports filed
30 with the Board; or
31 (2) any candidate who has been nominated by primary
32 under Article 7 of the Election Code or any candidate who
33 has filed valid nomination papers under Article 10 of the
34 Election Code for the Office of Treasurer and whose
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1 principal campaign committee has received contributions
2 in amounts of $1,000 or less, totalling $15,000 as
3 adjusted by Section 25, as documented by reports filed
4 with the Board.
5 "Eligible Comptroller candidate" means:
6 (1) any candidate of any political party whose name
7 has been certified by the Board to appear on the official
8 primary ballot for the Office of Comptroller and whose
9 principal campaign committee has received contributions
10 in amounts of $1,000 or less, totaling $20,000 as
11 adjusted by Section 25, as documented by reports filed
12 with the Board; or
13 (2) any candidate who has been nominated by primary
14 under Article 7 of the Election Code or any candidate who
15 has filed valid nomination papers under Article 10 of the
16 Election Code for the Office of Comptroller and whose
17 principal campaign committee has received contributions
18 in amounts of $1,000 or less, totaling $20,000 as
19 adjusted by Section 25, as documented by reports filed
20 with the Board.
21 "Reports" means those reports filed by political
22 committees under Article 9 of the Election Code or any other
23 reports required by the Board under this Act.
24 "Qualified contribution" means the entire amount of all
25 contributions of $1,000 or less, as adjusted by Section 25,
26 given by an individual or political committee in connection
27 with the election of any candidates to the Offices of
28 Governor, Lieutenant Governor, Attorney General, Treasurer,
29 Secretary of State, or Comptroller and includes only the
30 first $1,000, as adjusted by Section 25, of any individual's
31 or political committee's total aggregate contributions given
32 during a primary or general election. "Qualified
33 contribution" does not include a loan or advance or a credit,
34 subscription, or in-kind contribution.
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1 Section 15. Application of this Act. The provisions of
2 this Act shall apply to the primary and general elections
3 held in 2002, and to all subsequent elections covered by this
4 Act.
5 Section 20. Use of funds.
6 (a) A candidate receiving public matching funds shall
7 accept contributions only from individuals and political
8 committees as defined in Article 9 of the Election Code.
9 (b) Communications of any subject by a corporation to
10 its stockholders and their families, or by a labor
11 organization or association to its members and their
12 families, and nonpartisan registration and get-out-the-vote
13 campaigns by a corporation aimed at its stockholders or by a
14 labor organization or association aimed at its members, shall
15 not be construed to be in connection with the election of any
16 candidates to the Offices of Governor, Lieutenant Governor,
17 Attorney General, Treasurer, Secretary of State, or
18 Comptroller during any primary or general election.
19 (c) Any knowing violation of this Section is a Class A
20 misdemeanor.
21 Section 25. Inflationary adjustment. The dollar amounts
22 specified in this Act shall be subject to a biannual
23 inflationary adjustment to be determined by rule of the Board
24 under this Section. The Board shall determine the cumulative
25 percentage difference in the Consumer Price Index between
26 June 30 of each year preceding a general election and the
27 base period of 2000. All dollar amounts specified in this Act
28 shall be adjusted by that amount by August 1 of each year
29 before a general election, rounding to the nearest multiple
30 of $25.
31 Section 30. Loans to a candidate. No candidate for
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1 nomination or election to office covered under this Act shall
2 accept any loan or any other form of credit under any terms
3 in any way deviating from the regular practices of the
4 lending institution making the loan. Any knowing violation of
5 this Section is a Class A misdemeanor.
6 Section 35. Principal campaign committee.
7 (a) For the purposes of this Act, the candidates for
8 Governor and Lieutenant Governor of each political party, or
9 any candidates running independently, shall run a joint
10 general election campaign. Each pair of candidates shall
11 jointly organize a single principal campaign committee and
12 shall jointly designate its officers, as is required under
13 Article 9 of the Election Code. A principal campaign
14 committee shall jointly accept contributions and make
15 expenditures in connection with the election of any pair of
16 candidates to the Offices of Governor and Lieutenant
17 Governor. Nothing in this Section shall require candidates to
18 run joint primary campaigns.
19 (b) Each candidate for nomination for election to the
20 Office of Governor, Lieutenant Governor, Attorney General,
21 Treasurer, Secretary of State, or Comptroller shall organize
22 a single principal campaign committee and shall designate its
23 officers as is required under Article 9 of the Election Code.
24 The principal campaign committee shall accept all
25 contributions and make all expenditures in connection with
26 the candidate's primary election campaign.
27 Section 40. Campaign bank accounts.
28 (a) Each candidate in the primary election for nomination
29 to the Offices of Governor, Lieutenant Governor, Attorney
30 General, Treasurer, Secretary of State, or Comptroller shall
31 create a bank account in a national or State bank or savings
32 and loan institution. The candidate, or any official of his
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1 or her principal campaign committee, shall promptly deposit
2 all contributions and public matching funds received into
3 the account. All campaign expenditures made by the principal
4 campaign committee shall be made out of this account.
5 (b) Each candidate in the general election for
6 nomination to the Offices of Governor, Lieutenant Governor,
7 Attorney General, Treasurer, Secretary of State, or
8 Comptroller shall create a bank account in a national or
9 State bank or savings and loan institution. The candidate or
10 any official of his or her principal campaign committee shall
11 promptly deposit all contributions and public matching funds
12 received into the account. All campaign expenditures made by
13 the principal campaign committee shall be made out of this
14 account.
15 (c) No moneys deposited in any candidate's account for
16 the primary election may be commingled with general election
17 funds or used to pay for general election expenses.
18 Provided, however, a candidate may transfer a combined total
19 of not more than $25,000, as adjusted by Section 25, from the
20 primary election account for general election expenses. Any
21 moneys transferred do not count toward the qualifying amount
22 under Section 50. No moneys deposited in a candidates'
23 account for the general election may be transferred or
24 expended until the day following the primary election or may
25 be expended for primary election expenses.
26 (d) No State or national bank or savings and loan
27 institution which acts as a depository for election funds as
28 provided in this Act shall be held accountable for the proper
29 application of funds deposited or withdrawn from the accounts
30 by the individuals in whose name or names the accounts are
31 opened or maintained, nor shall the State or national bank or
32 savings and loan institution be under any duty to determine
33 whether the funds deposited in the account are deposited,
34 withdrawn, or transmitted for the purposes and at the time
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1 prescribed by law, or are received from sources and in amount
2 limited by law.
3 Section 45. Clean Election Fund.
4 (a) There is established a special fund in the State
5 Treasury to be known as the Clean Election Fund. The Board
6 shall maintain a separate record for each candidate or pair
7 of candidates who is eligible under this Act.
8 (b) The Clean Election Fund is established to finance
9 the election campaigns of eligible candidates. Money
10 received from the following sources must be deposited into
11 the Fund:
12 (1) voluntary tax check-off funds designated for
13 the Clean Election Fund;
14 (2) appropriations;
15 (3) Clean Election Fund moneys distributed to
16 eligible candidates remaining unspent after a candidate's
17 primary loss and after the general election;
18 (4) other unspent Clean Election Fund moneys
19 distributed to any eligible candidate who does not remain
20 a candidate throughout a general primary or general
21 election cycle; and
22 (5) voluntary donations made directly to the Fund.
23 (c) If, after an election and after all eligible
24 candidates have been paid the amount which they are entitled
25 to receive under this Act, there are moneys remaining in the
26 Fund, the State Comptroller and State Treasurer shall
27 transfer the remaining moneys to the General Revenue Fund.
28 (d) Upon receipt of a certification from the Board under
29 subsection (b) of Section 55 for payment to the eligible
30 candidates, the State Comptroller shall within 5 working days
31 pay to the candidate out of the Fund the amount certified by
32 the Board. Amounts paid to any candidates shall be under the
33 control of the candidates.
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1 (e) If, after the date of the primary or general
2 election campaign, any candidate or pair of candidates who
3 has received public matching funds has surplus moneys in his
4 or her account, the moneys may be retained for the
5 liquidation of all obligations and for payment of expenses
6 incurred during the primary or general election campaign.
7 Moneys from the primary election campaign may be retained for
8 a period not to exceed 6 months after the primary election.
9 Moneys from the general election campaign may be retained for
10 a period not to extend after June 30 of the year following an
11 election. All moneys remaining available to any candidate or
12 pair of candidates after all obligations have been liquidated
13 shall be paid into the Clean Election Fund, except that no
14 candidate or pair of candidates shall pay into the Fund
15 moneys in excess of the amount of public matching funds
16 received from the Fund.
17 (f) No obligations may be incurred by a candidate or
18 pair of candidates after the date of the primary or general
19 election other than those expenses necessary to close out his
20 or her campaign account. The Board shall determine what
21 costs are allowable under this subsection.
22 (g) All provisions outlined in this Section shall apply
23 equally to any candidate or pair of candidates who withdraw
24 for any reason before the election for which public matching
25 funds were received.
26 Section 50. Requirements for public matching funds.
27 (a) In order to receive any public matching funds under
28 this Act, an eligible candidate or pair of candidates in a
29 primary or general election shall fulfill all the following
30 requirements:
31 (1) have a principal campaign committee that has
32 accepted contributions in amounts of $1,000 or less as
33 adjusted by Section 25, totaling at least:
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1 (i) $200,000 as adjusted by Section 25 for the
2 Office of Governor;
3 (ii) $10,000 as adjusted by Section 25 for the
4 Office of Lieutenant Governor;
5 (iii) $50,000 as adjusted by Section 25 for
6 the Office of Attorney General;
7 (iv) $50,000 as adjusted by Section 25 for the
8 Office of Secretary of State;
9 (v) $20,000 as adjusted by Section 25 for the
10 Office of Comptroller; and
11 (vi) $15,000 as adjusted by Section 25 for the
12 Office of Treasurer.
13 (2) agree in writing to deposit all contributions
14 and public matching funds into a single account and to
15 make all campaign expenditures from that account.
16 (3) agree in writing not to contribute more than
17 $1,000, adjusted by Section 25, of his or her own
18 personal or family funds to his or her primary or general
19 election campaign.
20 (4) agree in writing to obtain and furnish to the
21 Board any evidence that it may request of the
22 contributions of $1,000 or less as adjusted by Section 25
23 with respect to which payment is sought.
24 (5) agree in writing to keep and furnish to the
25 Board any relevant records, books, and other information
26 that it may request.
27 (6) agree in writing to an audit and examination by
28 the Board.
29 (7) agree in writing to expend not more than:
30 (i) $2,000,000 in a primary election and
31 $6,000,000 in a general election, as adjusted by
32 Section 25, for the Office of Governor;
33 (ii) $100,000 in a primary election, as
34 adjusted by Section 25, for the Office of Lieutenant
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1 Governor;
2 (iii) $500,000 in a primary election and
3 $1,500,000 in a general election, as adjusted by
4 Section 25, for the Office of Attorney General;
5 (iv) $500,000 in a primary election and
6 $1,500,000 in a general election, as adjusted by
7 Section 25, for the Office of Secretary of State;
8 (v) $200,000 in a primary election and
9 $500,000 in a general election, as adjusted by
10 Section 25, for the Office of Comptroller; and
11 (vi) $150,000 in a primary election and
12 $400,000 in a general election, as adjusted by
13 Section 25, for the Office of Treasurer.
14 (b) None of these expenditure limitations shall apply to
15 any expenditures made before the filing with the Board of the
16 nomination petition of the candidate or pair of candidates.
17 (c) None of these requirements shall be construed to
18 apply to any candidates who elect not to receive public
19 matching funds.
20 Section 55. Ratio of public matching funds to funds
21 raised by the candidate.
22 (a) Public matching funds to eligible candidates shall
23 be made on a ratio of 4 matching dollars for every dollar
24 raised by the candidate.
25 (b) Upon application to and approval of the Board
26 commencing with the primary election in 2002 and in all
27 subsequent elections, each eligible candidate in a primary
28 election shall receive, but not before August 1 of the year
29 before the election, public matching funds from the Clean
30 Election Fund equal to the qualified contributions in amounts
31 of $1,000 or less as adjusted by Section 25 accepted by his
32 or her principal campaign committee. No public matching funds
33 shall be made to match contributions received before the date
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1 on which the candidate files his or her nomination petition
2 with the Board.
3 (c) Upon application to and approval of the Board,
4 commencing with the general election in 2002 and in all
5 subsequent elections, each eligible candidate or pair of
6 candidates in a general election shall receive, but not
7 before the date of the primary election, public matching
8 funds from the Clean Election Fund equal to the qualified
9 contributions in amounts of $1,000 or less, as adjusted by
10 Section 25, accepted by the principal campaign committee. No
11 public matching funds shall be made to match contributions
12 received before the primary date or the date on which
13 candidate files his or her nomination petition with the
14 Board, whichever is later.
15 Section 60. Reports.
16 (a) During a primary or general election, each eligible
17 candidate or pair of candidates for election shall, from time
18 to time as the Board may require, furnish to the Board a
19 detailed statement, in any form that the Board may prescribe,
20 of all contributions of $1,000 or less as adjusted by Section
21 25 received by his or her principal campaign committee before
22 the date of the statement. The Board shall require a
23 statement under this Section from the candidates at least
24 once every other week following qualification for public
25 matching funds, at least once each week during the second,
26 third, and fourth weeks before the day of the primary or
27 general election, and at least twice during the week before
28 the primary or general election day. The Board shall not
29 require any statement before the date on which the candidate
30 or pair of candidates files its nomination petition with the
31 Board.
32 (b) On the basis of the evidence furnished by the
33 eligible candidates and before the examination and audit
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1 under Section 65, the Board shall certify from time to time
2 to the State Comptroller for payment to the candidates the
3 public matching funds to which the candidates are entitled
4 under Section 55. Where public matching funds are required,
5 the Board shall make the certifications at least once every
6 other week after the primary date, at least once each week
7 during the second, third, and fourth weeks before the day of
8 the primary or general election, and at least twice during
9 the week before the primary day.
10 (c) Certifications by the Board of public matching funds
11 due to the candidates under this Section shall be final and
12 conclusive, except to the extent that they are subject to
13 examination and audit by the Board and to judicial review
14 under this Act.
15 Section 65. Audit.
16 (a) After each general and primary election, the Board
17 shall conduct a thorough examination and audit of the
18 campaign contributions to the candidates.
19 The audit following the primary election shall be
20 conducted not later than 6 months after the date of the
21 primary. There shall be 2 audits conducted following the
22 general election. One of the audits shall cover that period
23 included in the Post-Election Campaign Disclosure Report.
24 A final audit shall be conducted when the Board has
25 received a certification from a candidate, pair of
26 candidates, or the principal campaign committee, that all
27 obligations have been met or the account is closed. The
28 Board must receive such certification from the candidates or
29 their principal campaign committee not later than June 30 of
30 the year after the general election.
31 (b) If the Board determines that any portion of the
32 public matching funds made to the eligible candidates under
33 Section 55 was in excess of the aggregate amount to which
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1 candidates were entitled under Section 50, it shall notify
2 the candidates, and the candidates shall pay to the State
3 Treasurer within 15 days an amount equal to that portion.
4 If the Board determines that any amount of any public
5 matching funds received by the eligible candidates under
6 Section 55 was used for any purpose other than (i) to
7 defray the campaign expenses with respect for which the
8 public matching funds were received, or (ii) to repay loans,
9 the proceeds of which were used to restore funds otherwise
10 used to defray the campaign expenses, it shall notify such
11 candidates of the amount so used, and the candidates shall
12 pay to the State Treasurer moneys equal to that amount.
13 No notification shall be made by the Board under this
14 subsection (b) with respect to an election more than 3 years
15 after the day of such election.
16 All payments received by the State Treasurer under this
17 subsection (b) shall be deposited by him or her in the Clean
18 Election Fund.
19 (c) All provisions outlined in this Section apply equally
20 to any candidate or pair of candidates who withdraws for any
21 reason prior to the election for which public matching funds
22 were received.
23 Section 70. Report to the General Assembly. The Board
24 shall, as soon as possible after each election, submit a full
25 report to the General Assembly setting forth:
26 (1) the aggregate amount of contributions of $250
27 or less as adjusted by Section 25 received, shown in any
28 detail that the Board determines necessary, by the
29 candidates and their principal campaign committees;
30 (2) the amounts certified by it under Section 60
31 for public matching funds to the eligible candidates; and
32 (3) the amount of payments, if any, required from
33 the candidates under Section 60, and the reasons for each
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1 payment required.
2 Section 75. Investigations; civil court actions;
3 advisory opinions.
4 (a) The Board is authorized to adopt rules, to conduct
5 examinations and audits in addition to the examinations and
6 audits required by Section 65, to conduct investigations, and
7 to require the keeping and submission of any books, records,
8 and information that it deems necessary to carry out the
9 functions and duties imposed on it by this Act. The Board
10 shall not require the submission of any books, records, or
11 information concerning contributions received by a candidate
12 or pair of candidates until such candidate or pair of
13 candidates has filed its nomination petition with the Board.
14 (b) The Board is authorized to appear in and defend
15 against any action filed under this Section, and may be
16 represented in the actions either by attorneys employed in
17 its office or by counsel whom it may appoint for that purpose
18 without regard to the provisions of the Personnel Code.
19 (c) The Board is authorized through attorneys and
20 counsel to appear in the circuit court in Sangamon County to
21 seek recovery of any amounts determined to be payable to the
22 State Treasurer as a result of examination and audit made
23 under Section 65.
24 (d) The Board is authorized through attorneys and
25 counsel to petition the circuit court in Sangamon County for
26 declaratory or injunctive relief concerning any civil matter
27 covered by the provisions of this Act. The actions shall be
28 heard at the earliest practical date and expedited in every
29 way possible in order to prevent injury to the respective
30 parties.
31 (e) The Board is authorized through attorneys and
32 counsel to appeal, or to seek review of, any judgment entered
33 with respect to actions in which it appears under this
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1 Section. The appeals shall be made in the same manner and
2 under the same conditions as provided by Supreme Court Rules
3 for other civil actions.
4 (f) The Board, through its legal counsel, is authorized
5 to render advisory opinions as to the interpretation and
6 clarification of any of the provisions of this Act and as to
7 whether a given set of facts and circumstances would
8 constitute a violation of any provisions of this Act. The
9 Board shall render its advisory opinion within 10 working
10 days of receipt of any request, unless an extension of time
11 is consented to by the person making the request.
12 Section 80. Judicial review.
13 (a) Any certification or final determination by the
14 Board made or taken under the provisions of this Act shall be
15 subject to direct review by the Appellate Court in the
16 Judicial District in which Springfield is located upon
17 petition filed in the court by any interested person. Any
18 petition filed under this Section must be filed within 30
19 days after the certification, determination, or other action
20 by the Board for which review is sought.
21 (b) The Board and individuals eligible to vote are
22 authorized to institute any actions, including actions for
23 declaratory judgment or injunctive relief, that may be
24 appropriate to implement or construe any provision of this
25 Act.
26 (c) The circuit court in Sangamon County shall have
27 jurisdiction of proceedings instituted under subsection (b)
28 and shall exercise its jurisdiction without regard to whether
29 a person asserting rights under subsection (b) shall have
30 exhausted any administrative or other remedies that may be
31 provided. Such proceedings shall be heard at the earliest
32 practical date and expedited in every way possible in order
33 to prevent injury to the respective parties. Appeals shall
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1 be as in other civil cases.
2 Section 85. Violations.
3 (a) It is unlawful for any individual who receives any
4 public matching funds under Section 55 to knowingly and
5 willfully use, or authorize the use of, the public matching
6 funds or any portion for any purpose other than:
7 (1) to defray the campaign expenses with respect to
8 which the public matching funds were received, or
9 (2) to repay loans, the proceeds of which were used
10 to restore funds otherwise used to defray qualified
11 campaign expenses.
12 Any individual who knowingly violates this subsection (a)
13 is guilty of a Class 4 felony.
14 (b) It is unlawful for any individual knowingly and
15 willfully:
16 (1) to furnish any false, fictitious, or fraudulent
17 evidence, books, or information to the Board under this
18 Act, or to include in any evidence, books, or information
19 so furnished any misrepresentation of a material fact, or
20 to falsify or conceal any evidence, books, or information
21 relevant to a certification by the Board or an
22 examination and audit by the Board under this Act; or
23 (2) to fail to furnish to the Board any records,
24 books, or information requested of him or her for
25 purposes of this Act.
26 Any individual who violates this subsection (b) is guilty
27 of a Class 4 felony.
28 (c) It is unlawful for any individual knowingly and
29 willfully to give or accept any unreported refund or any
30 illegal payment in connection with any campaign expense of
31 eligible candidates.
32 Any individual who knowingly violates this subsection (c)
33 is guilty of a Class 4 felony.
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1 In addition to any penalty provided under this subsection
2 (c), any individual who accepts any unreported refund or
3 illegal payment in connection with any campaign expense of
4 eligible candidates shall pay to the State Treasurer, for
5 deposit in the Clean Election Fund, an amount equal to 200%
6 of the unreported refund or payment received.
7 Section 700. The State Finance Act is amended by adding
8 Section 5.490 as follows:
9 (30 ILCS 105/5.490 new)
10 Sec. 5.490. The Clean Election Fund.
11 Section 800. The Illinois Income Tax Act is amended by
12 changing Section 509 and 510 and adding Section 507U as
13 follows:
14 (35 ILCS 5/507U new)
15 Sec. 507U. Clean Election Fund. The Department shall
16 print on its standard individual income tax form a provision
17 indicating that if the taxpayer wishes to contribute $5 to
18 the Clean Election Fund, as authorized by this amendatory Act
19 of the 91st General Assembly, he or she may do so and that
20 the contribution will reduce the taxpayers's refund or
21 increase the amount of payment to accompany the return.
22 Failure to remit any amount of increased payment shall reduce
23 the contribution accordingly. This Section shall not apply
24 to any amended return.
25 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
26 Sec. 509. Tax checkoff explanations. All individual
27 income tax return forms shall contain appropriate
28 explanations and spaces to enable the taxpayers to designate
29 contributions to the Child Abuse Prevention Fund, to the
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1 Community Health Center Care Fund, to the Illinois Wildlife
2 Preservation Fund as required by the Illinois Non-Game
3 Wildlife Protection Act, to the Alzheimer's Disease Research
4 Fund as required by the Alzheimer's Disease Research Act, to
5 the Assistance to the Homeless Fund as required by this Act,
6 to the Heritage Preservation Fund as required by the Heritage
7 Preservation Act, to the Child Care Expansion Program Fund as
8 required by the Child Care Expansion Program Act, to the Ryan
9 White AIDS Victims Assistance Fund, to the Assistive
10 Technology for Persons with Disabilities Fund, to the
11 Domestic Violence Shelter and Service Fund, to the United
12 States Olympians Assistance Fund, to the Youth Drug Abuse
13 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
14 to the Literacy Advancement Fund, to the Ryan White Pediatric
15 and Adult AIDS Fund, to the Illinois Special Olympics
16 Checkoff Fund, to the Breast and Cervical Cancer Research
17 Fund, to the Korean War Memorial Fund, to the Heart Disease
18 Treatment and Prevention Fund, to the Hemophilia Treatment
19 Fund, to the Mental Health Research Fund, to the Children's
20 Cancer Fund, to the American Diabetes Association Fund, to
21 the Women in Military Service Memorial Fund, to the Clean
22 Election Fund, and to the Meals on Wheels Fund. Each form
23 shall contain a statement that the contributions will reduce
24 the taxpayer's refund or increase the amount of payment to
25 accompany the return. Failure to remit any amount of
26 increased payment shall reduce the contribution accordingly.
27 If, on October 1 of any year, the total contributions to
28 any one of the funds made under this Section do not equal
29 $100,000 or more, the explanations and spaces for designating
30 contributions to the fund shall be removed from the
31 individual income tax return forms for the following and all
32 subsequent years and all subsequent contributions to the fund
33 shall be refunded to the taxpayer.
34 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
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1 90-171, eff. 7-23-97; revised 10-31-98.)
2 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
3 Sec. 510. Determination of amounts contributed. The
4 Department shall determine the total amount contributed to
5 each of the following: the Child Abuse Prevention Fund, the
6 Illinois Wildlife Preservation Fund, the Community Health
7 Center Care Fund, the Assistance to the Homeless Fund, the
8 Alzheimer's Disease Research Fund, the Heritage Preservation
9 Fund, the Child Care Expansion Program Fund, the Ryan White
10 AIDS Victims Assistance Fund, the Assistive Technology for
11 Persons with Disabilities Fund, the Domestic Violence Shelter
12 and Service Fund, the United States Olympians Assistance
13 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
14 Conflict Veterans Fund, the Literacy Advancement Fund, the
15 Ryan White Pediatric and Adult AIDS Fund, the Illinois
16 Special Olympics Checkoff Fund, the Breast and Cervical
17 Cancer Research Fund, the Korean War Memorial Fund, the Heart
18 Disease Treatment and Prevention Fund, the Hemophilia
19 Treatment Fund, the Mental Health Research Fund, the
20 Children's Cancer Fund, the American Diabetes Association
21 Fund, the Women in Military Service Memorial Fund, the Clean
22 Election Fund, and the Meals on Wheels Fund; and shall notify
23 the State Comptroller and the State Treasurer of the amounts
24 to be transferred from the General Revenue Fund to each fund,
25 and upon receipt of such notification the State Treasurer and
26 Comptroller shall transfer the amounts.
27 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
28 90-171, eff. 7-23-97.)
29 Section 999. Effective date. This Act takes effect
30 January 1, 2000.