103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new10 ILCS 5/9A-5 new10 ILCS 5/9A-10 new10 ILCS 5/9A-15 new10 ILCS 5/9A-20 new10 ILCS 5/9A-25 new10 ILCS 5/9A-30 new10 ILCS 5/9A-35 new10 ILCS 5/9A-40 new10 ILCS 5/9A-45 new10 ILCS 5/9A-50 new10 ILCS 5/9A-55 new10 ILCS 5/9A-60 new10 ILCS 5/9A-65 new10 ILCS 5/9A-70 new10 ILCS 5/9A-75 new30 ILCS 105/5.990 new Amends the Election Code. Provides that the amendatory Act may be referred to as the Small Donor Democracy Matching System for Fair Elections Act. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special fund in the State treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign contribution matching system. Includes severability provisions. Effective immediately. LRB103 26407 BMS 52770 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new10 ILCS 5/9A-5 new10 ILCS 5/9A-10 new10 ILCS 5/9A-15 new10 ILCS 5/9A-20 new10 ILCS 5/9A-25 new10 ILCS 5/9A-30 new10 ILCS 5/9A-35 new10 ILCS 5/9A-40 new10 ILCS 5/9A-45 new10 ILCS 5/9A-50 new10 ILCS 5/9A-55 new10 ILCS 5/9A-60 new10 ILCS 5/9A-65 new10 ILCS 5/9A-70 new10 ILCS 5/9A-75 new30 ILCS 105/5.990 new 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new 10 ILCS 5/9A-5 new 10 ILCS 5/9A-10 new 10 ILCS 5/9A-15 new 10 ILCS 5/9A-20 new 10 ILCS 5/9A-25 new 10 ILCS 5/9A-30 new 10 ILCS 5/9A-35 new 10 ILCS 5/9A-40 new 10 ILCS 5/9A-45 new 10 ILCS 5/9A-50 new 10 ILCS 5/9A-55 new 10 ILCS 5/9A-60 new 10 ILCS 5/9A-65 new 10 ILCS 5/9A-70 new 10 ILCS 5/9A-75 new 30 ILCS 105/5.990 new Amends the Election Code. Provides that the amendatory Act may be referred to as the Small Donor Democracy Matching System for Fair Elections Act. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special fund in the State treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign contribution matching system. Includes severability provisions. Effective immediately. LRB103 26407 BMS 52770 b LRB103 26407 BMS 52770 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new10 ILCS 5/9A-5 new10 ILCS 5/9A-10 new10 ILCS 5/9A-15 new10 ILCS 5/9A-20 new10 ILCS 5/9A-25 new10 ILCS 5/9A-30 new10 ILCS 5/9A-35 new10 ILCS 5/9A-40 new10 ILCS 5/9A-45 new10 ILCS 5/9A-50 new10 ILCS 5/9A-55 new10 ILCS 5/9A-60 new10 ILCS 5/9A-65 new10 ILCS 5/9A-70 new10 ILCS 5/9A-75 new30 ILCS 105/5.990 new 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new 10 ILCS 5/9A-5 new 10 ILCS 5/9A-10 new 10 ILCS 5/9A-15 new 10 ILCS 5/9A-20 new 10 ILCS 5/9A-25 new 10 ILCS 5/9A-30 new 10 ILCS 5/9A-35 new 10 ILCS 5/9A-40 new 10 ILCS 5/9A-45 new 10 ILCS 5/9A-50 new 10 ILCS 5/9A-55 new 10 ILCS 5/9A-60 new 10 ILCS 5/9A-65 new 10 ILCS 5/9A-70 new 10 ILCS 5/9A-75 new 30 ILCS 105/5.990 new
10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
10 ILCS 5/Art. 9A heading new
10 ILCS 5/9A-5 new
10 ILCS 5/9A-10 new
10 ILCS 5/9A-15 new
10 ILCS 5/9A-20 new
10 ILCS 5/9A-25 new
10 ILCS 5/9A-30 new
10 ILCS 5/9A-35 new
10 ILCS 5/9A-40 new
10 ILCS 5/9A-45 new
10 ILCS 5/9A-50 new
10 ILCS 5/9A-55 new
10 ILCS 5/9A-60 new
10 ILCS 5/9A-65 new
10 ILCS 5/9A-70 new
10 ILCS 5/9A-75 new
30 ILCS 105/5.990 new
Amends the Election Code. Provides that the amendatory Act may be referred to as the Small Donor Democracy Matching System for Fair Elections Act. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special fund in the State treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign contribution matching system. Includes severability provisions. Effective immediately.
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A BILL FOR
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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. This Act may be referred to as the Small Donor
5 Democracy Matching System for Fair Elections Act.
6 Section 5. The Election Code is amended by changing
7 Section 9-25.1 and by adding Article 9A as follows:
8 (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.
9 46, pars. 102, 103 and 104)
10 Sec. 9-25.1. Election interference.
11 (a) As used in this Section, "public funds" means any
12 funds appropriated by the Illinois General Assembly or by any
13 political subdivision of the State of Illinois.
14 (b) No public funds shall be used to urge any elector to
15 vote for or against any candidate or proposition, or be
16 appropriated for political or campaign purposes to any
17 candidate or political organization. This Section shall not
18 prohibit the use of public funds for dissemination of factual
19 information relative to any proposition appearing on an
20 election ballot, or for dissemination of information and
21 arguments published and distributed under law in connection
22 with a proposition to amend the Constitution of the State of
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new10 ILCS 5/9A-5 new10 ILCS 5/9A-10 new10 ILCS 5/9A-15 new10 ILCS 5/9A-20 new10 ILCS 5/9A-25 new10 ILCS 5/9A-30 new10 ILCS 5/9A-35 new10 ILCS 5/9A-40 new10 ILCS 5/9A-45 new10 ILCS 5/9A-50 new10 ILCS 5/9A-55 new10 ILCS 5/9A-60 new10 ILCS 5/9A-65 new10 ILCS 5/9A-70 new10 ILCS 5/9A-75 new30 ILCS 105/5.990 new 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/Art. 9A heading new 10 ILCS 5/9A-5 new 10 ILCS 5/9A-10 new 10 ILCS 5/9A-15 new 10 ILCS 5/9A-20 new 10 ILCS 5/9A-25 new 10 ILCS 5/9A-30 new 10 ILCS 5/9A-35 new 10 ILCS 5/9A-40 new 10 ILCS 5/9A-45 new 10 ILCS 5/9A-50 new 10 ILCS 5/9A-55 new 10 ILCS 5/9A-60 new 10 ILCS 5/9A-65 new 10 ILCS 5/9A-70 new 10 ILCS 5/9A-75 new 30 ILCS 105/5.990 new
10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
10 ILCS 5/Art. 9A heading new
10 ILCS 5/9A-5 new
10 ILCS 5/9A-10 new
10 ILCS 5/9A-15 new
10 ILCS 5/9A-20 new
10 ILCS 5/9A-25 new
10 ILCS 5/9A-30 new
10 ILCS 5/9A-35 new
10 ILCS 5/9A-40 new
10 ILCS 5/9A-45 new
10 ILCS 5/9A-50 new
10 ILCS 5/9A-55 new
10 ILCS 5/9A-60 new
10 ILCS 5/9A-65 new
10 ILCS 5/9A-70 new
10 ILCS 5/9A-75 new
30 ILCS 105/5.990 new
Amends the Election Code. Provides that the amendatory Act may be referred to as the Small Donor Democracy Matching System for Fair Elections Act. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special fund in the State treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign contribution matching system. Includes severability provisions. Effective immediately.
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A BILL FOR
10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
10 ILCS 5/Art. 9A heading new
10 ILCS 5/9A-5 new
10 ILCS 5/9A-10 new
10 ILCS 5/9A-15 new
10 ILCS 5/9A-20 new
10 ILCS 5/9A-25 new
10 ILCS 5/9A-30 new
10 ILCS 5/9A-35 new
10 ILCS 5/9A-40 new
10 ILCS 5/9A-45 new
10 ILCS 5/9A-50 new
10 ILCS 5/9A-55 new
10 ILCS 5/9A-60 new
10 ILCS 5/9A-65 new
10 ILCS 5/9A-70 new
10 ILCS 5/9A-75 new
30 ILCS 105/5.990 new
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1 Illinois. However, this Section does not apply to funds
2 expended in connection with the campaign contribution matching
3 program established in Article 9A of this Code or similar
4 systems of public financing for elections established by a
5 home rule unit of government.
6 (c) The first time any person violates any provision of
7 this Section, that person shall be guilty of a Class B
8 misdemeanor. Upon the second or any subsequent violation of
9 any provision of this Section, the person violating any
10 provision of this Section shall be guilty of a Class A
11 misdemeanor.
12 (Source: P.A. 87-1052.)
13 (10 ILCS 5/Art. 9A heading new)
14 ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING
15 (10 ILCS 5/9A-5 new)
16 Sec. 9A-5. Legislative findings. The General Assembly
17 finds that the current campaign finance system:
18 (1) discourages many otherwise qualified candidates
19 from running for office because of the need to raise
20 substantial sums of money to be competitive and to enable
21 them to adequately get their message out to voters;
22 (2) forces candidates to raise larger and larger
23 percentages of money from interest groups that have a
24 specific financial stake in matters before State
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1 government to keep pace with rapidly increasing campaign
2 costs;
3 (3) diminishes elected officials' accountability to
4 their constituents by compelling them to be
5 disproportionately accountable to the relatively small
6 group of contributors who finance their election
7 campaigns;
8 (4) diminishes the rights of all citizens to equal and
9 meaningful participation in the democratic process;
10 (5) disadvantages challengers, because campaign
11 contributors tend to give their money to incumbents, thus
12 causing elections to be less competitive;
13 (6) burdens candidates with the incessant rigors of
14 fundraising and thus decreases the time available to carry
15 out their public responsibilities; and
16 (7) necessitates the creation of a Fair Elections
17 Small Donor Democracy Matching System to address these
18 concerns.
19 (10 ILCS 5/9A-10 new)
20 Sec. 9A-10. Scope. The program created under this Article
21 applies to candidates for the offices of Governor, Attorney
22 General, State Comptroller, State Treasurer, Secretary of
23 State, State Senator, and State Representative. Candidates for
24 these offices are eligible to participate in the matching
25 funds program established by this Article.
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1 (10 ILCS 5/9A-15 new)
2 Sec. 9A-15. Definitions. As used in this Article:
3 "Board" means the Campaign Finance Board of the State
4 Board of Elections created under this Article.
5 "Candidate" means any person who seeks nomination for
6 election, election to, or retention in public office as a
7 Constitutional State Officer or a member of the Illinois
8 Senate or General Assembly. A person seeks nomination for
9 election, election, or retention if he or she (1) takes the
10 action necessary under the laws of this State to attempt to
11 qualify for nomination for election, election to, or retention
12 in public office or (2) receives contributions or makes
13 expenditures, or gives consent for any other person to receive
14 contributions or make expenditures with a view to bringing
15 about his or her nomination for election or election to or
16 retention in public office.
17 "Contribution" has the meaning ascribed to it in Section
18 9-1.4 of this Code, but does not include anything deemed an
19 independent expenditure under this Article.
20 "Coordination" means an expenditure made in cooperation,
21 consultation, or concert with or at the request or suggestion
22 of a candidate, an authorized committee of a candidate, a
23 political committee of a political party, or agents of the
24 candidate or candidate political committee, or any payment for
25 any communication which republishes, disseminates, or
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1 distributes, in whole or in part, any broadcast or any
2 written, graphic, or other form of campaign material prepared
3 by the candidate or his or her candidate political committee
4 or their agents.
5 "Election cycle" means the time beginning on the January 1
6 following a general election and ending on the December 31
7 following the next general election.
8 "Expenditure" means:
9 (1) a payment, distribution, purchase, loan, advance,
10 deposit, gift of money, or anything of value, in
11 connection with the nomination for election, election, or
12 retention of any person to or in public office or in
13 connection with any question of public policy; or
14 (2) a payment, distribution, purchase, loan, advance,
15 deposit, gift of money, or anything of value that
16 constitutes an electioneering communication made in
17 concert or cooperation with or at the request, suggestion,
18 or knowledge of a candidate, a political committee, or any
19 of their agents; or a transfer of funds by a political
20 committee to another political committee.
21 However, "expenditure" does not include:
22 (A) the use of real or personal property and the cost
23 of invitations, food, and beverages, voluntarily provided
24 by an individual in rendering voluntary personal services
25 on the individual's residential premises for
26 candidate-related activities; provided the value of the
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1 service provided does not exceed an aggregate of $150 in a
2 reporting period as the Board may further define; or
3 (B) sale of any food or beverage by a vendor for use in
4 a candidate's campaign at a charge less than the normal
5 comparable charge, if such charge for use in a candidate's
6 campaign is at least equal to the cost of such food or
7 beverage to the vendor.
8 "Fund" means the Small Donor Democracy Matching Fund
9 established under this Article.
10 "Immediate family" means a person's parents, siblings,
11 spouse, and children.
12 "Independent expenditure" means an expenditure by anyone,
13 including, but not limited to, any individual, corporation,
14 partnership, political action committee, association, or
15 party, that would otherwise constitute a contribution or
16 expenditure under this Article, but that is made without any
17 cooperation, consultation, or agreement with any political
18 candidate.
19 "Initial qualifying contribution" means a qualified
20 contribution used for the purpose of determining whether a
21 candidate has raised the minimum number of contributions to
22 participate in the small donor matching funds system under
23 this Article.
24 "Matching funds" means funds paid to a participating
25 candidate under this Article.
26 "Matching funds program" means the campaign donation
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1 matching funds program created under this Article.
2 "Nomination period" means the period specified under this
3 Code during which candidates must submit nomination papers for
4 any of the State offices covered by this Article.
5 "Non-participating candidate" means any candidate who is
6 not a participating candidate, including any candidate who has
7 not qualified for matching funds or who has elected not to
8 participate in the matching funds program.
9 "Participating candidate" means a candidate who qualifies
10 for matching funds under this Article and opts to participate
11 in the matching funds program created under this Article.
12 "Qualified contribution" means a monetary contribution not
13 less than $25 and not greater than the initial $150 of any
14 contribution made by a qualified contributor.
15 "Qualified contributor" means a natural person resident in
16 the State who will be eligible to vote within the current
17 election cycle other than the candidate, members of the
18 candidate's immediate family, and any political action
19 committee controlled by the candidate.
20 "Qualifying period" means the period beginning the day
21 after the date of the most recent general election for the
22 specific office or seat that a candidate is seeking and ending
23 on the day prior to the election (whether primary or general
24 election) for which the matching funds are sought.
25 (10 ILCS 5/9A-20 new)
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1 Sec. 9A-20. Small Donor Democracy Matching Fund.
2 (a) There is created a Small Donor Democracy Matching Fund
3 as a special fund in the State treasury. The Fund is
4 established for the purposes of:
5 (1) providing public financing for the election
6 campaigns of participating candidates under this Article;
7 and
8 (2) paying for the administrative and enforcement
9 costs of the Board related to the matching funds program
10 created by this Article.
11 (b) The General Assembly shall annually appropriate either
12 $1 per resident of this State or one-twentieth of 1% of the
13 State's annual budget, whichever is greater, to the Fund. The
14 General Assembly shall appropriate no more than $50,000,000 to
15 the Fund in any election cycle.
16 (c) Other revenue that shall be deposited into the Fund
17 includes:
18 (1) any funds returned by any participating candidate
19 that remain unspent by a participating candidate following
20 the date of the election for which they were distributed,
21 in accordance with subsection (c) of Section 9A-55 of this
22 Code;
23 (2) fines levied by the Board or courts against
24 candidates for violations of this Code, except as
25 otherwise provided by this Code; and
26 (3) voluntary donations made directly to the Fund.
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1 (10 ILCS 5/9A-25 new)
2 Sec. 9A-25. Eligibility for matching funds.
3 (a) To be eligible to be certified as a participating
4 candidate, a candidate must:
5 (1) During the qualifying period for the election
6 involved, choose to participate in the matching funds
7 program by filing with the Board a written application for
8 certification as a participating candidate in such form as
9 may be prescribed by the Board, containing the identity of
10 the participating candidate, the office that the
11 participating candidate seeks, and the participating
12 candidate's signature, under penalty of perjury,
13 certifying that:
14 (A) the participating candidate has complied since
15 the last election or the effective date of this
16 amendatory Act of the 103rd General Assembly,
17 whichever is most recent, and will continue to comply,
18 with the restrictions of this Article during the
19 applicable election cycle; a candidate who has
20 accepted impermissible contributions prior to filing
21 to participate in this program shall return any such
22 impermissible contributions prior to filing to
23 participate in this matching funds program to the
24 extent practical, as determined by the Board in
25 adopted rules; and
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1 (B) the participating candidate's campaign
2 committee has filed all campaign finance reports
3 required by law during the applicable election cycle
4 to date and that they are complete and accurate.
5 (2) Sign a participating candidate contract signifying
6 the candidate's prior compliance and continuing commitment
7 to comply with the requirements of this Article, to comply
8 with the contribution limits set forth in this Article and
9 in that contract, and to comply with any other
10 requirements set forth in that contract.
11 (3) Meet all requirements of applicable law to be
12 listed on the ballot.
13 (4) Before the close of the qualifying period, collect
14 at least the following number of initial qualifying
15 contributions for the following offices: 1,000 for
16 candidates for Governor; 500 for candidates for Lieutenant
17 Governor, Attorney General, State Comptroller, State
18 Treasurer, and Secretary of State; 200 for candidates for
19 State Senator; and 100 for candidates for State
20 Representative.
21 Each initial qualifying contribution shall:
22 (A) have the initial qualified contributor's
23 signature, or an electronic equivalent for any
24 donations received on-line, signifying that the
25 initial qualified contributor understands that the
26 purpose of the initial qualifying contribution is to
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1 help the candidate qualify for the matching funds
2 program and that the contribution is made without
3 coercion or reimbursement; and
4 (B) be acknowledged by a written receipt, or the
5 electronic equivalent for any donation received
6 on-line, to the initial qualified contributor, with a
7 copy retained by the candidate; the receipt shall
8 include the initial qualified contributor's signature,
9 printed name, home address, and telephone number, if
10 any, and the name of the candidate on whose behalf the
11 contribution is made.
12 A contribution for which a candidate has not obtained
13 a signed and fully completed receipt, or its electronic
14 equivalent, shall not be counted as an initial qualifying
15 contribution for the purpose of satisfying this
16 qualification requirement.
17 (b) In addition to the requirements of subsection (a) of
18 this Section, in order for a candidate for Governor or
19 Lieutenant Governor to be eligible to be certified as a
20 participating candidate, the other member of the team of
21 candidates for the offices of Governor and Lieutenant Governor
22 must also be a participating candidate.
23 (c) To remain eligible to continue to receive matching
24 funds under this Article, a candidate must:
25 (1) maintain records of all contributions, receipts,
26 and expenditures as required by the Board;
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1 (2) obtain and furnish to the Board any information it
2 may request relating to his or her campaign expenditures,
3 contributions, and qualified contributions and furnish any
4 documentation and other proof of compliance with this
5 Article as may be requested by the Board; and
6 (3) remain in compliance with the requirements set
7 forth in this Article.
8 (d) At the earliest practicable time after a candidate
9 files a written application for certification as a
10 participating candidate with the Board, in no event more than
11 10 business days, the Board shall certify in writing that the
12 candidate is or is not eligible. Eligibility may be revoked if
13 the Board determines, after appropriate due process, that a
14 candidate has committed a substantial violation of the
15 requirements of this Article, in which case all matching funds
16 granted to the candidate shall be repaid to the Fund. A
17 determination shall be made by the Board after an appropriate
18 hearing, affording due process to the aggrieved party, under
19 rules adopted by the Board that further define what
20 constitutes a "substantial violation" and that set forth the
21 procedures to be followed in connection with any such hearing.
22 (10 ILCS 5/9A-30 new)
23 Sec. 9A-30. Matching funds payments.
24 (a) A candidate who is certified as a participating
25 candidate shall receive payment of matching funds equal to 6
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1 times the amount of qualified contributions received by the
2 participating candidate during the election cycle with respect
3 to a single election subject to the aggregate limit on the
4 total amount of matching funds payments to a participating
5 candidate specified in subsection (b) of this Section, unless
6 the candidate has no opposition on the ballot. Unopposed
7 candidates shall not be eligible to receive matching funds
8 unless and until they cease to be unopposed; however, any
9 candidate who had already received matching funds under this
10 Article prior to becoming unopposed shall be entitled to
11 retain those funds and spend those funds in accordance with
12 Section 9A-50 of this Code.
13 (b) Subject to the requirements of subsection (a) of
14 Section 9A-40 of this Code, the aggregate amount of matching
15 funds payments that may be made to a participating candidate
16 during an election cycle may not exceed the following:
17 (1) $5,000,000 for candidates for Governor;
18 (2) $1,000,000 for candidates for Lieutenant Governor,
19 Attorney General, State Comptroller, State Treasurer, and
20 Secretary of State;
21 (3) $300,000 for candidates for State Senator; and
22 (4) $150,000 for candidates for State Representative.
23 (c) A participating candidate's application for matching
24 funds, including an initial request submitted with an
25 application for certification as a participating candidate,
26 shall be made using a form prescribed by the Board and shall be
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1 accompanied as necessary by initial qualifying contribution
2 receipts and any other information the Board requires by rule.
3 This application shall be accompanied by a signed statement
4 from the participating candidate indicating that all
5 information on the initial qualifying contribution receipts is
6 complete and accurate to the best of the participating
7 candidate's knowledge. The Board shall verify that a
8 participating candidate's qualified contributions meet all of
9 the requirements and limitations of this Article prior to the
10 disbursement of matching funds to the participating candidate.
11 (d) The Board shall make an initial payment of the
12 matching funds within 10 business days of the Board's
13 certification of a participating candidate's eligibility in
14 accordance with the provisions of this Article, or as soon
15 thereafter as is practicable.
16 (e) The Board shall establish a schedule for the
17 submission of matching funds payment requests, permitting a
18 participating candidate to submit a matching funds payment
19 request at least once per month, in accordance with a schedule
20 established by the Board.
21 (f) When 90% of the existing Fund has been distributed,
22 the Board shall give notice within 24 hours to all candidates
23 that only 10% of the Fund remains. Thereafter, the Board shall
24 make no further matching funds payments until after election
25 day and it shall only pay any requests submitted after notice
26 has been distributed under this subsection (f) proportionally,
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1 spread over all candidates and requests equally, in a manner
2 to be determined in greater detail pursuant to rules adopted
3 by the Board.
4 (10 ILCS 5/9A-35 new)
5 Sec. 9A-35. Limits on contributions.
6 (a) Subject to the requirements of subsection (a) of
7 Section 9A-40 of this Code, no candidate shall accept,
8 directly or indirectly, any contribution (or combination of
9 contributions) from the same person, corporation, partnership,
10 political party, political action committee, or other legal
11 entity in excess of $500. However, if a candidate in the
12 participating candidate's race exceeds the self-funding
13 thresholds established in subsection (h) of Section 9-8.5 of
14 this Code for that race, the limitation under this subsection
15 (a) is increased to $2,500.
16 (b) No participating candidate shall accept any
17 contribution (or combination of contributions) from any
18 person, corporation, partnership, or other legal entity who
19 lobbies members of the State executive or legislative
20 branches, within the meaning of the Lobbyist Registration Act,
21 or does business with the State. No participating candidate
22 shall encourage, support, cooperate, or coordinate with any
23 independent expenditure committee or any individual engaging
24 in independent expenditures, whether in support of the
25 candidate or in opposition to the candidate's opponent. The
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1 Board may adopt additional rules defining who constitutes a
2 "lobbyist" and who is deemed to be "doing business" with the
3 State within the meaning of this Article.
4 (c) No participating candidate shall make expenditures
5 from or use his or her own personal funds or the personal funds
6 or property held jointly with members of his or her immediate
7 family in connection with his or her nomination for election
8 or election, except as a contribution to his or her political
9 committee in an amount that does not exceed 10 times the
10 maximum contribution applicable under subsection (a) of this
11 Section. No participating candidate shall make expenditures
12 from or use other personal funds or property of his or her
13 immediate family in furtherance of his or her own campaign.
14 (10 ILCS 5/9A-40 new)
15 Sec. 9A-40. Adjustment.
16 (a) The Board shall revise the limits on contributions and
17 on overall contributions at least one year prior to the next
18 general primary election. The Board shall adjust them by an
19 amount equal to the change in the Consumer Price Index for all
20 Urban Consumers for all items published by the United States
21 Department of Labor for the 12-month calendar year preceding
22 readjustment. Amounts shall be rounded to the nearest $10. The
23 revised overall limits shall be published no later than one
24 year prior to the date of the next general primary election.
25 (b) The General Assembly shall review the amounts and
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1 numbers of required initial qualifying contributions, the
2 ratio of matching funds, the additional limits on
3 contributions, and the limits on overall contributions in the
4 6-month period following each general election to determine if
5 they shall stay the same, after any adjustment for inflation
6 under subsection (a) of this Section, or be increased for the
7 next general primary election and general election.
8 (c) If the General Assembly determines that any of the
9 figures specified in subsection (b) of this Section should
10 change, then any proposed change, other than an adjustment for
11 inflation under subsection (a) of this Section, shall be
12 adopted for the next general election by a majority vote of
13 each chamber of the General Assembly and shall also be
14 submitted to the voters via a binding referendum for
15 ratification at the next consolidated election for approval or
16 rejection with respect to any future general elections.
17 (10 ILCS 5/9A-45 new)
18 Sec. 9A-45. Campaign accounts for participating
19 candidates. During an election cycle, each participating
20 candidate shall conduct all campaign financial activities
21 through a single political action committee, consistent with
22 subsection (b) of Section 9-2 of this Code, and shall comply
23 with any additional recordkeeping requirements imposed under
24 this Article by the Board.
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1 (10 ILCS 5/9A-50 new)
2 Sec. 9A-50. Expenditures of matching funds.
3 (a) A participating candidate shall use matching funds
4 only for direct campaign purposes. The Board may further
5 define the phrase "direct campaign purposes" by rule.
6 (b) Neither a participating candidate nor anyone acting on
7 his or her behalf shall use matching funds for:
8 (1) costs of legal defense in any campaign law
9 enforcement proceeding;
10 (2) indirect campaign purposes, including, but not
11 limited to:
12 (A) the participating candidate's personal support
13 or compensation to the participating candidate or the
14 participating candidate's immediate family;
15 (B) clothing, haircuts, and other items related to
16 the participating candidate's personal appearance;
17 (C) a contribution or loan to the campaign
18 committee of another candidate, a party committee, or
19 other political committee;
20 (D) an independent expenditure;
21 (E) automobile purchases, tuition payments, or
22 childcare costs;
23 (F) dues, fees, or gratuities at a country club,
24 health club, recreational facility, or other
25 nonpolitical organization unless part of a specific
26 fundraising event that takes place on the
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1 organization's premises;
2 (G) admission to a sporting event, theater,
3 concert, or other entertainment event not part of a
4 specific campaign activity; or
5 (H) gifts, except for brochures, buttons, signs,
6 and other campaign materials and token gifts valued at
7 not more than $50 that are for the purpose of
8 expressing gratitude, condolences, or congratulations.
9 (10 ILCS 5/9A-55 new)
10 Sec. 9A-55. Disclosure requirements and procedures; return
11 of funds.
12 (a) Each participating candidate shall file reports of
13 contribution receipts and of expenditures of matching funds
14 and other campaign funds at such times and in such manners as
15 the Board may prescribe by rule, including, but not limited
16 to, reports containing information necessary to verify that
17 the qualified contributions received by participating
18 candidates and that the matching funds spent by participating
19 candidates comply with the restrictions and requirements of
20 this Article.
21 (b) The Board by rule shall adopt procedures for auditing
22 any reports filed with it as well as related reports filed with
23 the State Board of Elections and issuing a public report
24 summarizing the election results, the campaign expenditures
25 made in connection with offices covered by this Article, and
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1 the level and amount of matching funds provided to each
2 campaign.
3 (c) Within 90 days after the consolidated or general
4 election, every participating candidate who received matching
5 funds under this Article shall repay the Fund any unused
6 matching funds, calculated as follows: any unused campaign
7 funds shall be multiplied by a ratio consisting of the total
8 amount of matching funds received by the campaign in the
9 numerator and the total amount of campaign funds raised by the
10 campaign in the denominator. The amount of any repayment under
11 this subsection (c) shall not exceed the total amount of
12 matching funds paid to the campaign.
13 (10 ILCS 5/9A-60 new)
14 Sec. 9A-60. Joint campaign contributions and expenditures.
15 Where multiple candidates are otherwise permitted under State
16 law to engage in joint efforts to raise campaign contributions
17 or in joint campaign expenditures, any contribution received
18 at a joint fundraising event and any joint campaign
19 expenditures shall be appropriately allocated among the
20 participating candidates in a reasonable manner to be agreed
21 upon by those candidates participating in the activity. The
22 Board may review the reasonableness of any allocation under
23 this Section.
24 (10 ILCS 5/9A-65 new)
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1 Sec. 9A-65. Application of contribution and expenditure
2 limitations to certain political activities. Nothing in this
3 Article shall be construed to restrict candidates or their
4 agents from making appearances at events sponsored or paid for
5 by persons, political committees, or other entities that are
6 not in any way affiliated with the candidate or any agent of
7 the candidate. The costs of these events shall not be
8 considered contributions to or expenditures by the candidate
9 for purposes of this Article simply because the candidate or
10 agent appears at such an event. However, this provision does
11 not apply to events at which contributions are solicited on
12 behalf of the participating candidate.
13 (10 ILCS 5/9A-70 new)
14 Sec. 9A-70. Campaign Finance Board; general powers and
15 duties.
16 (a) A Campaign Finance Board is created within the State
17 Board of Elections, consisting of 5 members appointed by the
18 Governor with the advice and consent of the Senate. Each party
19 or caucus represented in the General Assembly shall have at
20 least one member on the Board. However, the Chairperson of the
21 Board shall not be affiliated with any political party. The
22 initial appointments required under this subsection (a) shall
23 be made within 6 months of the effective date of this
24 amendatory Act of 103rd General Assembly, and their terms
25 shall commence on the January 1 following appointment. The
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1 terms of office for the initial appointees shall be, except
2 for the Chairperson, determined by lot as follows:
3 (1) one member shall serve a term of one year;
4 (2) one member shall serve a term of 2 years;
5 (3) one member shall serve a term of 3 years;
6 (4) one member shall serve a term of 4 years; and
7 (5) the initial Chairperson shall serve a term of 5
8 years.
9 Thereafter, each member shall be appointed for a term of 5
10 years, according to the original manner of appointment. In the
11 case of a vacancy in the office of a member, a member shall be
12 selected to serve the remainder of the unexpired term in the
13 same manner the vacating member was selected. Members shall
14 serve no more than 3 consecutive terms. No member of the Board
15 may be removed from office except for cause, after notice and a
16 hearing by the Senate.
17 (b) To be eligible to serve as a member of the Board, an
18 individual must meet all of the following qualifications
19 throughout the period of his or her service:
20 (1) the member must be a resident of Illinois,
21 eligible and registered to vote;
22 (2) the member must agree that he or she and any
23 members of his or her immediate family will not make any
24 contributions to any candidate for any of the offices
25 eligible to receive matching funds during his or her term
26 of service;
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1 (3) the member must agree not to (i) serve as an
2 officer of a political party or (ii) be a candidate or
3 participate in any capacity in a campaign by a candidate
4 for any of the offices eligible to receive public matching
5 funds under this Article during his or her term of
6 service;
7 (4) the member may not otherwise be an officer or
8 employee of the State, nor a lobbyist engaged in lobbying
9 any elected officials of the State; and
10 (5) the member must agree to undergo training under
11 the supervision of the Chairperson of the Board.
12 (c) Subject to appropriations, the members of the Board
13 shall be compensated at a rate specified by law while
14 performing the work of the Board.
15 (d) The Board may employ necessary staff, including
16 attorneys and accountants, and may utilize the services of
17 employees of the State Board of Elections to assist the Board
18 in carrying out its duties. Subject to appropriations, the
19 total budget for the Board's operations shall not be less than
20 .01% of the overall State budget.
21 (e) The Board shall have the authority to adopt rules and
22 provide forms as it deems necessary to administer the matching
23 funds system created by this Article. The Board shall adopt
24 rules concerning the form in which contributions and
25 expenditures are to be reported, the periods during which such
26 reports must be filed, the measures for auditing and reporting
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1 on campaign contributions and expenditures, and the
2 verification required.
3 (f) The Board shall have the power to investigate all
4 matters relating to the performance of its functions and any
5 other matter relating to the proper administration of this
6 Article. It shall have the power to require the attendance of
7 witnesses, to examine and take testimony under oath of any
8 persons as it shall deem necessary, and to require the
9 production of books, accounts, papers, and any other relevant
10 evidence relative to such investigation.
11 (g) The Board shall develop a program for informing
12 candidates and the public about the small donor matching funds
13 system created by this Article. The Board may prepare and make
14 available educational materials, including compliance manuals
15 and summaries of the relevant provisions of this program. The
16 Board shall prepare and make available materials including, to
17 the extent feasible, computer software, to facilitate the task
18 of compliance with the disclosure and recordkeeping
19 requirements under this Article.
20 (h) The Board shall have the power to render advisory
21 opinions with respect to questions arising under this Article.
22 These opinions may be requested in writing by any candidate,
23 political committee, or member of the general public. The
24 Board shall adopt rules regarding submissions and responses to
25 such requests, including response times. The Board shall make
26 public its response to any such requests, as well as to any
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1 other formal rulings or interpretations it makes, including by
2 posting them on its website, if practicable.
3 (i) The Board shall have the authority to implement any
4 system established for the regulation of inauguration and
5 transition donations and expenditures, including any related
6 penalties. It shall also have the authority to adopt and
7 implement a system for handling the transition from the
8 existing campaign finance system and any pre-existing
9 political committees and contributions to the small donor
10 matching funds system implemented by this Article.
11 (j) The Board may take such other actions as are necessary
12 and proper to carry out its functions and the purposes of
13 adoption of a small donor matching funds system. The specific
14 grants of power under this Section do not constitute and shall
15 not be construed as limitations on the other proper and
16 necessary powers of the Board.
17 (k) All final administrative decisions under this Article
18 are subject to judicial review under the Administrative Review
19 Law.
20 (10 ILCS 5/9A-75 new)
21 Sec. 9A-75. Public campaign financing program penalties.
22 (a) If a participating candidate knowingly accepts or
23 spends matching funds in violation of this Article, then the
24 candidate shall repay to the Fund a civil fine in an amount
25 equal to twice the value of the funding unlawfully accepted or
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1 spent.
2 (b) The Board shall, after a hearing affording the
3 aggrieved party due process, have the authority to impose the
4 fine created by this Section, to order repayment of
5 overpayments that were not knowingly received, and to take any
6 other appropriate action, pursuant to any additional rules
7 concerning such hearings as the Board shall adopt.
8 (c) Any member of the public, as well as the Board on its
9 own initiative, shall have standing to file a complaint with
10 the Board alleging a violation of this Article. If a complaint
11 is filed by an opposing candidate, or in coordination with an
12 opposing candidate's campaign, the Board shall have the option
13 of awarding costs and attorneys' fees if the complaint is
14 found to have been lacking a reasonable basis.
15 (d) The Board shall adopt appropriate rules guaranteeing
16 notice and due process to anyone accused of violating this
17 Article and setting forth the process the Board will follow in
18 investigating and adjudicating any such complaint.
19 Section 10. The State Finance Act is amended by adding
20 Section 5.990 as follows:
21 (30 ILCS 105/5.990 new)
22 Sec. 5.990. The Small Donor Democracy Matching Fund.
23 Section 97. Severability. The provisions of this Act are
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1 severable under Section 1.31 of the Statute on Statutes.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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