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92_HB1704 LRB9204997MWdv 1 AN ACT concerning campaign finance. 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 Public Financing for Judicial Campaigns Act. 6 Section 5. Definitions. In this Act: 7 "Allowable contribution" means a qualifying contribution, 8 a seed money contribution, or a personal contribution 9 authorized by this Act. 10 "Candidate" means any person seeking election to or 11 retention in the office of Judge of the Illinois Supreme 12 Court. 13 "Campaign" includes the primary election campaign period 14 and the election campaign period. 15 "Election campaign period" means the period beginning on 16 the day after the the general primary election and ends on 17 the day of the general election. 18 "Eligible candidate" means a candidate for the office of 19 Judge of the Supreme Court who qualifies for public 20 financing by collecting the required number of qualifying 21 contributions, making all required reports and disclosures, 22 and being certified by the State Board as being in compliance 23 with this Act. 24 "Excess expenditure amount" means the amount of 25 expenditures made by a non-complying candidate in excess of 26 the public financing benefit available to an eligible 27 candidate for the same office that the non-complying 28 candidate seeks. 29 "Excess qualifying contribution amount" means the amount 30 of qualifying contributions accepted by a candidate beyond 31 the number or dollar amount of contributions required to -2- LRB9204997MWdv 1 qualify a candidate for a public financing benefit. 2 "Exploratory period" means the period that begins after 3 the date of a general election and ends on the first day of 4 the public financing qualifying period for the next election 5 for judges to the Supreme Court. 6 "Fair election debit card" means a debit card issued by 7 the State treasurer in accordance with Section 65 entitling a 8 candidate and agents of the candidate designated by the 9 candidate to draw money from an account maintained by the 10 State Treasurer to make expenditures authorized by law. 11 "Immediate family", when used with reference to a 12 candidate, includes the candidate's spouse and children. 13 "Independent expenditure" means a expenditure by a person 14 expressly advocating the election or defeat of a clearly 15 identified candidate that is made without cooperation or 16 consultation with a candidate, or any political committee or 17 agent of a candidate, and that is not made in concert with, 18 or at the request or suggestion of, any candidate or any 19 political committee or agent of a candidate. 20 "Mass mailing" means a district-wide or statewide mailing 21 of newsletters, pamphlets, brochures, or other similar items 22 of more than 100 pieces in which the content of the matter 23 mailed is substantially identical. "Mass mailing" does not 24 include a mailing made in direct response to communications 25 from persons to whom the matter is mailed, a mailing to a 26 federal, State, or local government official, or a news 27 release to communications media. 28 "Non-complying candidate" means a candidate for the 29 office of Judge of the Supreme Court who does not apply for a 30 public financing benefit or who otherwise is ineligible or 31 fails to qualify for a public financing benefit under this 32 Act. 33 "Personal funds" means funds contributed by a candidate 34 or a member of a candidate's immediate family. -3- LRB9204997MWdv 1 "Primary election campaign period" means the period 2 beginning 30 days after the last day prescribed by law for 3 filing nomination papers or a declaration of candidacy for 4 the office of Judge of the Supreme Court and ending on the 5 day of the general primary election. 6 "Public financing qualifying period" means the period 7 beginning on the first day of July of an odd-numbered year 8 and ending on the day before the beginning of the primary 9 election campaign period for the office of Judge of the 10 Supreme Court. 11 "Qualifying contribution" means a contribution of $5 made 12 to a candidate made by an elector of the district in which 13 the candidate seeks office during the public financing 14 qualifying period that is acknowledged by written receipt 15 identifying the contributor. 16 "Seed money contribution" means a contribution in an 17 amount of not more than $100 made to a candidate by an 18 elector of the district in which the candidate seeks office 19 during the exploratory period or the public financing 20 qualifying period or a contribution made to a candidate 21 consisting of personal funds of that candidate in an amount 22 not more than the amount authorized under Section 30 during 23 the exploratory period or the public financing qualifying 24 period. 25 "State Board" means the State Board of Elections. 26 Section 10. Qualification; certification. 27 (a) Before a candidate for nomination for election to 28 the office of Judge of the Supreme Court in the general 29 primary election may be certified as an eligible candidate to 30 receive a public financing benefit for the primary election 31 campaign period, the candidate must apply to the State Board 32 for a public financing benefit and file a sworn statement 33 that the candidate has complied and will comply with all -4- LRB9204997MWdv 1 requirements of this Act throughout the applicable campaign, 2 including the general primary election and the general 3 election. A candidate must file the application and statement 4 no later than the beginning of the primary election campaign 5 period for the office that the candidate seeks. 6 (b) A candidate shall be certified by the State Board as 7 an eligible candidate for receipt of public financing for a 8 primary election if the candidate complies with subsection 9 (a) and receives at least 1,000 qualifying contributions 10 before the close of the public financing qualifying period. 11 (c) The State Board must verify a candidate's compliance 12 with the requirements of subsection (b) by any verification 13 and sampling techniques that the State Board considers 14 appropriate. 15 (d) Each candidate must: 16 (1) Acknowledge each qualifying contribution by a 17 receipt to the contributor that contains the 18 contributor's name and home address. 19 (2) No later than the 15th or the last day of the 20 month that in which the contribution was received, 21 whichever comes first, file a copy of the receipt with 22 the State Board, except that during July, August, and 23 September a copy need only be filed on the last day of 24 the month. 25 (e) A qualifying contribution may be used only for the 26 purpose of making a expenditure authorized by law. 27 Section 15. Time of application; general election. 28 (a) Before a candidate may be certified as eligible for 29 receipt of public financing for a general election, the 30 candidate must apply to the State Board and file a sworn 31 statement that the candidate has fulfilled all the 32 requirements of this Act during the primary election campaign 33 period and will comply with the requirements of this Act -5- LRB9204997MWdv 1 during the election campaign period. The application must be 2 filed no later than the 7th day after the date of the general 3 primary election. 4 (b) The State Board must certify a candidate as an 5 eligible candidate for receipt of public financing for a 6 general election if the candidate complies with subsection 7 (a) and the candidate was an eligible candidate during the 8 primary election campaign period. 9 Section 20. Agreement by candidate. An eligible candidate 10 who accepts a public financing benefit under this Act during 11 the primary election campaign period must agree to comply 12 with all requirements of this Act throughout the election 13 campaign period as a precondition to receipt of public 14 financing. An eligible candidate who accepts a public 15 financing benefit during a primary election campaign period 16 may not elect to accept private contributions in violation of 17 this Act during the corresponding election campaign period. 18 Section 25. Requirements imposed upon candidates. 19 (a) An eligible candidate may not accept private 20 contributions other than seed money contributions and 21 qualifying contributions that the candidate accepts during 22 the exploratory period and the public financing qualifying 23 period. 24 (b) In addition to reports required to be filed under 25 the Election Code, a candidate who receives a public 26 financing benefit must furnish complete financial records, 27 including records of seed money contributions, qualifying 28 contributions, and expenditures, to the State Board on the 29 15th or the last day of the month in which contribution was 30 received or the expenditure made, whichever comes first, 31 except that during July, August, and September records need 32 only be furnished on the last day of the month. -6- LRB9204997MWdv 1 (c) In addition to adhering to requirements imposed 2 under the Election Code, a candidate who receives a public 3 financing benefit must maintain records of all contributions 4 received by the candidate of more than $5 but less than $150, 5 including seed money contributions and qualifying 6 contributions, that contain the full name of the contributor 7 and the contributor's full home address. In addition, if a 8 contributor's aggregate contributions to any candidate exceed 9 $500 for any campaign, the candidate must also maintain a 10 record of the contributor's principal occupation and the name 11 and business address of the contributor's place of 12 employment. 13 (d) The failure to record or provide the information 14 specified in subsection (c) disqualifies a contribution from 15 counting as a qualifying contribution. 16 (e) No eligible candidate and no person acting on a 17 candidate's behalf may deposit any contribution that is not 18 recorded in accordance with subsection (c) in a candidate's 19 campaign account. 20 (f) No eligible candidate may accept more than $25 in 21 cash from any contributor and no eligible candidate may 22 accept cash from all sources in a total amount greater than 23 one-tenth of 1% of the public financing benefit for the 24 office that the candidate seeks or $500, whichever is 25 greater. 26 Section 30. Personal funds of candidates. 27 (a) The personal funds of a candidate contributed as 28 seed money contributions may not exceed an aggregate amount 29 of $5,000. 30 (b) No eligible candidate may make any expenditure 31 derived from personal funds after the close of the public 32 financing qualifying period. -7- LRB9204997MWdv 1 Section 35. Seed money contributions. 2 (a) An eligible candidate may accept seed money 3 contributions from any individual or political committee 4 before the end of the public financing qualifying period, 5 provided the total contributions from one contributor, except 6 personal funds and qualifying contributions otherwise 7 permitted under this Act, do not exceed $100 and the 8 aggregate contributions, including personal funds but not 9 including qualifying contributions, do not exceed $5,000. 10 (b) An eligible candidate may make expenditures from 11 seed money contributions only during the exploratory period 12 and the public financing qualifying period. 13 Section 40. Excess contributions. If an eligible 14 candidate receives excess seed money contributions or 15 qualifying contributions on an aggregate basis, the candidate 16 may retain the contributions and make expenditures derived 17 from the contributions in an amount not exceeding $15,000. An 18 amount equivalent to the excess contributions must be 19 deducted by the State Board from the candidate's public 20 financing benefit. A candidate must return to the State Board 21 all seed money and qualifying contributions that exceed the 22 limits prescribed in this Section within 48 hours after the 23 end of the exploratory period. A candidate must also return 24 to the State Board any seed money and qualifying 25 contributions that have not been encumbered or expended by 26 the beginning of the primary election campaign period. The 27 State Board must deposit all contributions returned under 28 this Section into the Democracy Trust Fund. 29 Section 45. Certification by candidate; line of credit. 30 (a) To apply for a public financing benefit, a candidate 31 must certify to the State Board that the candidate has 32 complied and will comply, throughout the applicable campaign, -8- LRB9204997MWdv 1 with all requirements of this Act and that all disclosures 2 required at the time of application have been made. The 3 candidate must present evidence of the requisite number of 4 qualifying contributions received by the candidate. The 5 candidate's request for certification must be signed by the 6 candidate and the treasurer of the candidate's political 7 committee. 8 (b) The State Board must distribute to each eligible 9 candidate at the general primary election a line of credit 10 for public financing promptly after the candidate 11 demonstrates his or her eligibility and, in any event, not 12 later than 5 days after the end of the public financing 13 qualifying period; provided, however, that no candidate may 14 use a line of credit distributed under this subsection until 15 the beginning of the primary election campaign period. 16 (c) The State Board must distribute to each eligible 17 candidate for Judge of the Supreme Court at a general 18 election a line of credit for public financing not later than 19 48 hours after the date of the general primary election for 20 the office of Judge of the Supreme Court. No candidate for a 21 particular office, however, may receive a line of credit 22 until all candidates for the same office who apply and 23 qualify for a public financing benefit have been certified as 24 eligible candidates. 25 (d) If any candidate who receives a public financing 26 benefit violates the requirements of this Act, the State 27 Board must require the candidate to repay all public funds 28 received by the candidate to the State Board. The State Board 29 must deposit all repayments received under this subsection 30 into the Democracy Trust Fund. 31 Section 50. Public financing benefits. 32 (a) The State Board must provide to each eligible 33 candidate who qualifies to receive a public financing benefit -9- LRB9204997MWdv 1 for the primary or election campaign period separate lines of 2 credit for the primary and election campaign periods in the 3 amounts specified in this Section subject to any required 4 adjustment under Section 40, 55, 60, or 80. An eligible 5 candidate may use this credit to finance any lawful 6 expenditures during the primary and election campaign 7 periods. An eligible candidate may not use this credit to 8 repay any loan or in violation of this Act or any other 9 applicable law. 10 (b) The public financing benefit for a primary election 11 campaign period is $100,000. 12 (c) The public financing benefit for an election 13 campaign period is $300,000. 14 (d) An eligible candidate in an election in which there 15 are no other candidates, other than write-in candidates, who 16 have received contributions of more than $1,000 in the 17 aggregate as of the day preceding the beginning of the 18 primary election campaign period for the election in which 19 the eligible candidate seeks office must receive a line of 20 credit in an amount equal to 25% of the public financing 21 benefit for the primary election campaign period. 22 (e) An eligible candidate in a general election in which 23 there are no other candidates whose names appear on the 24 ballot must receive a line of credit in an amount equal to 25 25% of the public financing benefit for the election campaign 26 period. 27 (f) Notwithstanding subsections (b) and (c), beginning 28 on April 1, 2002 and every 2 years thereafter, the State 29 Board must modify the public financing benefits provided for 30 in subsection (b) and (c) to adjust for the change in the 31 Consumer Price Index, All Items, U. S. City Average, 32 published by the United States Department of Labor for the 33 preceding 2-year period ending on December 31. -10- LRB9204997MWdv 1 Section 55. Financial activity by non-complying 2 candidates. 3 (a) In addition to other reports required by law, a 4 non-complying candidate for the office of Judge of the 5 Supreme Court at the general primary election or the general 6 election who receives contributions or makes or obligates to 7 make expenditures in an amount more than 5% greater than the 8 public financing benefit applicable to an eligible candidate 9 for the same office at the same general primary election or 10 general election must file a report with the State Board 11 itemizing the total contributions received and expenditures 12 made or obligated to be made by the candidate as of the date 13 of the report. The State Board must transmit copies of the 14 report to all candidates for the same office at the same 15 election. A non-complying candidate must file additional 16 reports after the candidate receives each additional $1,000 17 of contributions or the candidate makes or obligates to make 18 each additional $1,000 of expenditures. If the contributions 19 are received or the expenditures are made or obligated to be 20 made more than 6 weeks before the date of the general primary 21 election or general election at which the name of the 22 candidate appears on the ballot the reports must be made at 23 the next regular reporting interval under Section 25. If the 24 contributions are received or the expenditures made or 25 obligated to be made within 6 weeks before the date of the 26 general primary election, or general election at which the 27 name of the candidate appears on the ballot the reports must 28 be made within 24 hours after each instance in which the 29 contributions are received or the expenditures are made or 30 obligated to be made. 31 (b) Upon receipt of the information, the State Board 32 must immediately credit an opposing eligible candidate's 33 account with an additional amount equivalent to the total 34 excess expenditures made or obligated to be made, but not to -11- LRB9204997MWdv 1 exceed 3 times the public financing benefit, for the 2 applicable office. 3 Section 60. Independent expenditures. 4 (a) If any person makes, or becomes obligated to make, 5 by oral or written agreement an independent expenditure in 6 excess of $1,000 with respect to a candidate for the office 7 of Judge of the Supreme Court at a general primary or general 8 election, that person must file with the State Board a notice 9 of such expenditure or obligation to make such a expenditure. 10 Any such person must file reports of the expenditures or 11 obligations to make the expenditures on the 15th or last day 12 of the month that immediately follows the date of the 13 expenditure or the obligation to make the expenditure, 14 whichever comes first, except that, within 6 weeks before the 15 date of the general primary election or general election, the 16 person must file the reports within 24 hours after each 17 independent expenditure is made or obligated to be made. Any 18 such person must file additional reports after each 19 additional $1,000 of expenditures are made or obligated to be 20 made. 21 (b) When the aggregate independent expenditures against 22 an eligible candidate for an office or for the opponents of 23 that candidate exceed 20% of the public financing benefit for 24 that office in any campaign, the State Board must immediately 25 credit that candidate's account with an additional line of 26 credit equivalent to the total expenditures made or obligated 27 to be made, but not to exceed 3 times the public financing 28 benefit, for the applicable office. 29 Section 65. Democracy Trust Fund. 30 (a) All moneys collected under Sections 40 and 45 of 31 this Act shall be deposited into the Democracy Trust Fund, a 32 special fund created in the State treasury, and, subject to -12- LRB9204997MWdv 1 appropriation may be used by the State Board of Elections for 2 the purposes of this Act. The State Treasurer, in 3 consultation with the State Board, must contract with a 4 debit card issuer to permit eligible candidates and their 5 agents to draw upon moneys appropriated from the Fund through 6 an account with the card issuer. 7 (b) Upon a determination of a candidate's eligibility 8 for a public financing benefit as provided for in subsection 9 (a) of Section 45, the State Treasurer must issue to the 10 eligible candidate a debit card, known as the fair election 11 debit card, entitling the candidate and agents of the 12 candidate designated by the candidate to draw money from an 13 account to make expenditures on behalf of the candidate. 14 (c) No eligible candidate or agent of an eligible 15 candidate may make any expenditure by any other means other 16 than through the use of the fair election debit card. No such 17 candidate or agent may use a fair election debit card to 18 obtain cash, except that cash amounts of $100 or less may be 19 drawn on the fair election debit card and used to make 20 expenditures of no more than $25. A candidate must maintain 21 records of all such expenditures and must report the 22 expenditures to the State Board in accordance with Section 23 25. 24 Section 70. Penalties; enforcement. 25 (a) If an eligible candidate makes expenditures that 26 exceed the public financing benefit allocated to the 27 candidate for any campaign, the candidate may be required to 28 forfeit to the State treasury an amount equal to not more 29 than 10 times the amount by which the expenditures exceeded 30 the allocation. 31 (b) Any eligible candidate who accepts contributions in 32 excess of any limitation imposed under this Act may be 33 required to forfeit to the State treasury an amount equal to -13- LRB9204997MWdv 1 not more than 10 times the amount by which the contributions 2 exceed the applicable limitation. 3 (c) If the State Board finds that there is reasonable 4 cause to believe that a candidate has made excess 5 expenditures or has accepted excess contributions in 6 violation of the Act, the State Board must attempt for a 7 period of not more than 14 days after its finding to correct 8 the matter by informal methods of conference and conciliation 9 and to enter into a settlement and conciliation agreement 10 with the candidate involved. A settlement and conciliation 11 agreement made under this subsection is public record. Unless 12 violated, a settlement and conciliation agreement is a bar to 13 any civil action under subsection (d). 14 (d) If the State Board has reasonable cause to believe 15 that a candidate has made excess expenditures or has accepted 16 excess contributions and the State Board is unable to correct 17 the matter by informal methods within the time prescribed in 18 subsection (c), the State Board must make a public finding of 19 reasonable cause in the matter. After making a public 20 finding, the State Board may bring an action in the circuit 21 court for Sangamon County to impose a forfeiture under 22 subsection (a) or (b). 23 (e) If an elector believes that a candidate has violated 24 this Act and the elector is entitled to vote for or against 25 the candidate in the election in connection with which the 26 violation is alleged to occur, the elector may file a 27 complaint with the State Board requesting it to take remedial 28 action. If the State Board refuses to take remedial action 29 or, within 30 days after the filing of a complaint, fails to 30 take remedial action, the elector may commence a civil action 31 in the appropriate circuit court under subsection (d) 32 requesting the court to impose a forfeiture under subsection 33 (a) or (b). 34 (f) The State Board and the circuit court must expedite -14- LRB9204997MWdv 1 all proceedings under this Section so that all complaints 2 brought prior to an election are resolved, to the extent 3 possible, before the election is held. 4 (g) If a complaint brought under this Section is 5 resolved against the complainant and is found to have been 6 brought in bad faith and without reasonable basis therefor, 7 the circuit court may assess costs, including reasonable 8 attorney fees, against the complainant. 9 Section 75. Prohibited acts. 10 (a) If a candidate or agent of a candidate knowingly 11 accepts more contributions than the candidate is entitled to 12 receive, or makes expenditures exceeding the amount of the 13 public financing benefit received by the candidate, the 14 candidate or agent is guilty of a Class 3 felony. 15 (b) If a candidate who receives a public financing 16 benefit, or an agent of that a candidate, knowingly makes a 17 expenditure by means other than through use of the fair 18 election debit card, except as permitted under subsection (c) 19 of Section 65, the candidate or agent is guilty of a Class 3 20 felony. 21 (c) If, in connection with the receipt or expenditure of 22 a public financing benefit for an election campaign, any 23 person knowingly provides false information to the State 24 Board, or knowingly conceals or withholds information from 25 the State Board, that person is guilty of a Class 3 felony. 26 Section 80. Mass mailings. 27 (a) No person may conduct any mass mailing using State 28 moneys on behalf of any person who is a candidate for the 29 office of Judge of the Supreme Court at the general election 30 during the period between June 1 preceding that election and 31 November 30 following that election. 32 (b) If any person uses State moneys to conduct a mass -15- LRB9204997MWdv 1 mailing on behalf of any person who is a candidate for the 2 office of Judge of the Supreme Court at general election 3 during the period between December 1 and May 31 preceding 4 that election, the State Board must immediately credit the 5 accounts of all other eligible candidates for Judge of the 6 Supreme Court with an additional line of credit equal to the 7 cost of printing and mailing of that mass mailing. The 8 additional line of credit may be used solely to fund a 9 mailing promoting the candidacy of the candidate who receives 10 the credit. 11 (c) A candidate for Judge of the Supreme Court at the 12 general election who plans to use State moneys for a mass 13 mailing must notify the State Board in writing of his or her 14 intent to do so no later than December 1 preceding the 15 general election and must complete the mailing no later than 16 the following May 31. 17 (d) All mass mailings funded by the State on behalf of 18 any person who is a candidate for Judge of the Supreme Court 19 at the general election during the period between December 1 20 and May 31 preceding that election and all mass mailings 21 authorized under subsection (b) must be issue oriented and 22 nonpolitical, may not mention any of a candidate's opponents 23 by name, and must be reviewed and approved by the State Board 24 for compliance with the requirements of this Section in 25 advance of the mailing. 26 (e) Except as permitted under subsection (b), no State 27 moneys may be used by any incumbent individual holding the 28 office of Judge of the Supreme Court to conduct a mass 29 mailing on behalf of a candidate for that office at the 30 general election after May 31 preceding that election. 31 Section 85. Contributions to non-complying candidates; 32 attributions. 33 (a) A non-complying candidate may accept contributions -16- LRB9204997MWdv 1 from private sources without limitation, except that no 2 person may make any contribution or contributions to a 3 non-complying candidate exceeding a total of $1,000 during 4 any campaign. 5 (b) Any electronic or print communication paid for or 6 authorized by a non-complying candidate must contain the 7 following sentence: "This communication is paid for with 8 money raised from private sources. This candidate has not 9 agreed to abide by campaign contribution and spending 10 limits." 11 Section 800. The State Finance Act is amended by adding 12 Section 5.545 as follows: 13 (30 ILCS 105/5.545 new) 14 Sec. 5.545. The Democracy Trust Fund. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.
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