IL
Illinois House Bill HB2349

Illinois 2023-2024 Regular Session

Illinois House Bill HB2349 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
33 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
44 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
55 10 ILCS 5/Art. 9A heading new
66 10 ILCS 5/9A-5 new
77 10 ILCS 5/9A-10 new
88 10 ILCS 5/9A-15 new
99 10 ILCS 5/9A-20 new
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1717 10 ILCS 5/9A-60 new
1818 10 ILCS 5/9A-65 new
1919 10 ILCS 5/9A-70 new
2020 10 ILCS 5/9A-75 new
2121 30 ILCS 105/5.990 new
2222 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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2828 1 AN ACT concerning elections.
2929 2 Be it enacted by the People of the State of Illinois,
3030 3 represented in the General Assembly:
3131 4 Section 1. This Act may be referred to as the Small Donor
3232 5 Democracy Matching System for Fair Elections Act.
3333 6 Section 5. The Election Code is amended by changing
3434 7 Section 9-25.1 and by adding Article 9A as follows:
3535 8 (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.
3636 9 46, pars. 102, 103 and 104)
3737 10 Sec. 9-25.1. Election interference.
3838 11 (a) As used in this Section, "public funds" means any
3939 12 funds appropriated by the Illinois General Assembly or by any
4040 13 political subdivision of the State of Illinois.
4141 14 (b) No public funds shall be used to urge any elector to
4242 15 vote for or against any candidate or proposition, or be
4343 16 appropriated for political or campaign purposes to any
4444 17 candidate or political organization. This Section shall not
4545 18 prohibit the use of public funds for dissemination of factual
4646 19 information relative to any proposition appearing on an
4747 20 election ballot, or for dissemination of information and
4848 21 arguments published and distributed under law in connection
4949 22 with a proposition to amend the Constitution of the State of
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5353 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2349 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
5454 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
5555 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
5656 10 ILCS 5/Art. 9A heading new
5757 10 ILCS 5/9A-5 new
5858 10 ILCS 5/9A-10 new
5959 10 ILCS 5/9A-15 new
6060 10 ILCS 5/9A-20 new
6161 10 ILCS 5/9A-25 new
6262 10 ILCS 5/9A-30 new
6363 10 ILCS 5/9A-35 new
6464 10 ILCS 5/9A-40 new
6565 10 ILCS 5/9A-45 new
6666 10 ILCS 5/9A-50 new
6767 10 ILCS 5/9A-55 new
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6969 10 ILCS 5/9A-65 new
7070 10 ILCS 5/9A-70 new
7171 10 ILCS 5/9A-75 new
7272 30 ILCS 105/5.990 new
7373 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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8282 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
8383 10 ILCS 5/Art. 9A heading new
8484 10 ILCS 5/9A-5 new
8585 10 ILCS 5/9A-10 new
8686 10 ILCS 5/9A-15 new
8787 10 ILCS 5/9A-20 new
8888 10 ILCS 5/9A-25 new
8989 10 ILCS 5/9A-30 new
9090 10 ILCS 5/9A-35 new
9191 10 ILCS 5/9A-40 new
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9494 10 ILCS 5/9A-55 new
9595 10 ILCS 5/9A-60 new
9696 10 ILCS 5/9A-65 new
9797 10 ILCS 5/9A-70 new
9898 10 ILCS 5/9A-75 new
9999 30 ILCS 105/5.990 new
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118118 1 Illinois. However, this Section does not apply to funds
119119 2 expended in connection with the campaign contribution matching
120120 3 program established in Article 9A of this Code or similar
121121 4 systems of public financing for elections established by a
122122 5 home rule unit of government.
123123 6 (c) The first time any person violates any provision of
124124 7 this Section, that person shall be guilty of a Class B
125125 8 misdemeanor. Upon the second or any subsequent violation of
126126 9 any provision of this Section, the person violating any
127127 10 provision of this Section shall be guilty of a Class A
128128 11 misdemeanor.
129129 12 (Source: P.A. 87-1052.)
130130 13 (10 ILCS 5/Art. 9A heading new)
131131 14 ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING
132132 15 (10 ILCS 5/9A-5 new)
133133 16 Sec. 9A-5. Legislative findings. The General Assembly
134134 17 finds that the current campaign finance system:
135135 18 (1) discourages many otherwise qualified candidates
136136 19 from running for office because of the need to raise
137137 20 substantial sums of money to be competitive and to enable
138138 21 them to adequately get their message out to voters;
139139 22 (2) forces candidates to raise larger and larger
140140 23 percentages of money from interest groups that have a
141141 24 specific financial stake in matters before State
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152152 1 government to keep pace with rapidly increasing campaign
153153 2 costs;
154154 3 (3) diminishes elected officials' accountability to
155155 4 their constituents by compelling them to be
156156 5 disproportionately accountable to the relatively small
157157 6 group of contributors who finance their election
158158 7 campaigns;
159159 8 (4) diminishes the rights of all citizens to equal and
160160 9 meaningful participation in the democratic process;
161161 10 (5) disadvantages challengers, because campaign
162162 11 contributors tend to give their money to incumbents, thus
163163 12 causing elections to be less competitive;
164164 13 (6) burdens candidates with the incessant rigors of
165165 14 fundraising and thus decreases the time available to carry
166166 15 out their public responsibilities; and
167167 16 (7) necessitates the creation of a Fair Elections
168168 17 Small Donor Democracy Matching System to address these
169169 18 concerns.
170170 19 (10 ILCS 5/9A-10 new)
171171 20 Sec. 9A-10. Scope. The program created under this Article
172172 21 applies to candidates for the offices of Governor, Attorney
173173 22 General, State Comptroller, State Treasurer, Secretary of
174174 23 State, State Senator, and State Representative. Candidates for
175175 24 these offices are eligible to participate in the matching
176176 25 funds program established by this Article.
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187187 1 (10 ILCS 5/9A-15 new)
188188 2 Sec. 9A-15. Definitions. As used in this Article:
189189 3 "Board" means the Campaign Finance Board of the State
190190 4 Board of Elections created under this Article.
191191 5 "Candidate" means any person who seeks nomination for
192192 6 election, election to, or retention in public office as a
193193 7 Constitutional State Officer or a member of the Illinois
194194 8 Senate or General Assembly. A person seeks nomination for
195195 9 election, election, or retention if he or she (1) takes the
196196 10 action necessary under the laws of this State to attempt to
197197 11 qualify for nomination for election, election to, or retention
198198 12 in public office or (2) receives contributions or makes
199199 13 expenditures, or gives consent for any other person to receive
200200 14 contributions or make expenditures with a view to bringing
201201 15 about his or her nomination for election or election to or
202202 16 retention in public office.
203203 17 "Contribution" has the meaning ascribed to it in Section
204204 18 9-1.4 of this Code, but does not include anything deemed an
205205 19 independent expenditure under this Article.
206206 20 "Coordination" means an expenditure made in cooperation,
207207 21 consultation, or concert with or at the request or suggestion
208208 22 of a candidate, an authorized committee of a candidate, a
209209 23 political committee of a political party, or agents of the
210210 24 candidate or candidate political committee, or any payment for
211211 25 any communication which republishes, disseminates, or
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222222 1 distributes, in whole or in part, any broadcast or any
223223 2 written, graphic, or other form of campaign material prepared
224224 3 by the candidate or his or her candidate political committee
225225 4 or their agents.
226226 5 "Election cycle" means the time beginning on the January 1
227227 6 following a general election and ending on the December 31
228228 7 following the next general election.
229229 8 "Expenditure" means:
230230 9 (1) a payment, distribution, purchase, loan, advance,
231231 10 deposit, gift of money, or anything of value, in
232232 11 connection with the nomination for election, election, or
233233 12 retention of any person to or in public office or in
234234 13 connection with any question of public policy; or
235235 14 (2) a payment, distribution, purchase, loan, advance,
236236 15 deposit, gift of money, or anything of value that
237237 16 constitutes an electioneering communication made in
238238 17 concert or cooperation with or at the request, suggestion,
239239 18 or knowledge of a candidate, a political committee, or any
240240 19 of their agents; or a transfer of funds by a political
241241 20 committee to another political committee.
242242 21 However, "expenditure" does not include:
243243 22 (A) the use of real or personal property and the cost
244244 23 of invitations, food, and beverages, voluntarily provided
245245 24 by an individual in rendering voluntary personal services
246246 25 on the individual's residential premises for
247247 26 candidate-related activities; provided the value of the
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258258 1 service provided does not exceed an aggregate of $150 in a
259259 2 reporting period as the Board may further define; or
260260 3 (B) sale of any food or beverage by a vendor for use in
261261 4 a candidate's campaign at a charge less than the normal
262262 5 comparable charge, if such charge for use in a candidate's
263263 6 campaign is at least equal to the cost of such food or
264264 7 beverage to the vendor.
265265 8 "Fund" means the Small Donor Democracy Matching Fund
266266 9 established under this Article.
267267 10 "Immediate family" means a person's parents, siblings,
268268 11 spouse, and children.
269269 12 "Independent expenditure" means an expenditure by anyone,
270270 13 including, but not limited to, any individual, corporation,
271271 14 partnership, political action committee, association, or
272272 15 party, that would otherwise constitute a contribution or
273273 16 expenditure under this Article, but that is made without any
274274 17 cooperation, consultation, or agreement with any political
275275 18 candidate.
276276 19 "Initial qualifying contribution" means a qualified
277277 20 contribution used for the purpose of determining whether a
278278 21 candidate has raised the minimum number of contributions to
279279 22 participate in the small donor matching funds system under
280280 23 this Article.
281281 24 "Matching funds" means funds paid to a participating
282282 25 candidate under this Article.
283283 26 "Matching funds program" means the campaign donation
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294294 1 matching funds program created under this Article.
295295 2 "Nomination period" means the period specified under this
296296 3 Code during which candidates must submit nomination papers for
297297 4 any of the State offices covered by this Article.
298298 5 "Non-participating candidate" means any candidate who is
299299 6 not a participating candidate, including any candidate who has
300300 7 not qualified for matching funds or who has elected not to
301301 8 participate in the matching funds program.
302302 9 "Participating candidate" means a candidate who qualifies
303303 10 for matching funds under this Article and opts to participate
304304 11 in the matching funds program created under this Article.
305305 12 "Qualified contribution" means a monetary contribution not
306306 13 less than $25 and not greater than the initial $150 of any
307307 14 contribution made by a qualified contributor.
308308 15 "Qualified contributor" means a natural person resident in
309309 16 the State who will be eligible to vote within the current
310310 17 election cycle other than the candidate, members of the
311311 18 candidate's immediate family, and any political action
312312 19 committee controlled by the candidate.
313313 20 "Qualifying period" means the period beginning the day
314314 21 after the date of the most recent general election for the
315315 22 specific office or seat that a candidate is seeking and ending
316316 23 on the day prior to the election (whether primary or general
317317 24 election) for which the matching funds are sought.
318318 25 (10 ILCS 5/9A-20 new)
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329329 1 Sec. 9A-20. Small Donor Democracy Matching Fund.
330330 2 (a) There is created a Small Donor Democracy Matching Fund
331331 3 as a special fund in the State treasury. The Fund is
332332 4 established for the purposes of:
333333 5 (1) providing public financing for the election
334334 6 campaigns of participating candidates under this Article;
335335 7 and
336336 8 (2) paying for the administrative and enforcement
337337 9 costs of the Board related to the matching funds program
338338 10 created by this Article.
339339 11 (b) The General Assembly shall annually appropriate either
340340 12 $1 per resident of this State or one-twentieth of 1% of the
341341 13 State's annual budget, whichever is greater, to the Fund. The
342342 14 General Assembly shall appropriate no more than $50,000,000 to
343343 15 the Fund in any election cycle.
344344 16 (c) Other revenue that shall be deposited into the Fund
345345 17 includes:
346346 18 (1) any funds returned by any participating candidate
347347 19 that remain unspent by a participating candidate following
348348 20 the date of the election for which they were distributed,
349349 21 in accordance with subsection (c) of Section 9A-55 of this
350350 22 Code;
351351 23 (2) fines levied by the Board or courts against
352352 24 candidates for violations of this Code, except as
353353 25 otherwise provided by this Code; and
354354 26 (3) voluntary donations made directly to the Fund.
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365365 1 (10 ILCS 5/9A-25 new)
366366 2 Sec. 9A-25. Eligibility for matching funds.
367367 3 (a) To be eligible to be certified as a participating
368368 4 candidate, a candidate must:
369369 5 (1) During the qualifying period for the election
370370 6 involved, choose to participate in the matching funds
371371 7 program by filing with the Board a written application for
372372 8 certification as a participating candidate in such form as
373373 9 may be prescribed by the Board, containing the identity of
374374 10 the participating candidate, the office that the
375375 11 participating candidate seeks, and the participating
376376 12 candidate's signature, under penalty of perjury,
377377 13 certifying that:
378378 14 (A) the participating candidate has complied since
379379 15 the last election or the effective date of this
380380 16 amendatory Act of the 103rd General Assembly,
381381 17 whichever is most recent, and will continue to comply,
382382 18 with the restrictions of this Article during the
383383 19 applicable election cycle; a candidate who has
384384 20 accepted impermissible contributions prior to filing
385385 21 to participate in this program shall return any such
386386 22 impermissible contributions prior to filing to
387387 23 participate in this matching funds program to the
388388 24 extent practical, as determined by the Board in
389389 25 adopted rules; and
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400400 1 (B) the participating candidate's campaign
401401 2 committee has filed all campaign finance reports
402402 3 required by law during the applicable election cycle
403403 4 to date and that they are complete and accurate.
404404 5 (2) Sign a participating candidate contract signifying
405405 6 the candidate's prior compliance and continuing commitment
406406 7 to comply with the requirements of this Article, to comply
407407 8 with the contribution limits set forth in this Article and
408408 9 in that contract, and to comply with any other
409409 10 requirements set forth in that contract.
410410 11 (3) Meet all requirements of applicable law to be
411411 12 listed on the ballot.
412412 13 (4) Before the close of the qualifying period, collect
413413 14 at least the following number of initial qualifying
414414 15 contributions for the following offices: 1,000 for
415415 16 candidates for Governor; 500 for candidates for Lieutenant
416416 17 Governor, Attorney General, State Comptroller, State
417417 18 Treasurer, and Secretary of State; 200 for candidates for
418418 19 State Senator; and 100 for candidates for State
419419 20 Representative.
420420 21 Each initial qualifying contribution shall:
421421 22 (A) have the initial qualified contributor's
422422 23 signature, or an electronic equivalent for any
423423 24 donations received on-line, signifying that the
424424 25 initial qualified contributor understands that the
425425 26 purpose of the initial qualifying contribution is to
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436436 1 help the candidate qualify for the matching funds
437437 2 program and that the contribution is made without
438438 3 coercion or reimbursement; and
439439 4 (B) be acknowledged by a written receipt, or the
440440 5 electronic equivalent for any donation received
441441 6 on-line, to the initial qualified contributor, with a
442442 7 copy retained by the candidate; the receipt shall
443443 8 include the initial qualified contributor's signature,
444444 9 printed name, home address, and telephone number, if
445445 10 any, and the name of the candidate on whose behalf the
446446 11 contribution is made.
447447 12 A contribution for which a candidate has not obtained
448448 13 a signed and fully completed receipt, or its electronic
449449 14 equivalent, shall not be counted as an initial qualifying
450450 15 contribution for the purpose of satisfying this
451451 16 qualification requirement.
452452 17 (b) In addition to the requirements of subsection (a) of
453453 18 this Section, in order for a candidate for Governor or
454454 19 Lieutenant Governor to be eligible to be certified as a
455455 20 participating candidate, the other member of the team of
456456 21 candidates for the offices of Governor and Lieutenant Governor
457457 22 must also be a participating candidate.
458458 23 (c) To remain eligible to continue to receive matching
459459 24 funds under this Article, a candidate must:
460460 25 (1) maintain records of all contributions, receipts,
461461 26 and expenditures as required by the Board;
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472472 1 (2) obtain and furnish to the Board any information it
473473 2 may request relating to his or her campaign expenditures,
474474 3 contributions, and qualified contributions and furnish any
475475 4 documentation and other proof of compliance with this
476476 5 Article as may be requested by the Board; and
477477 6 (3) remain in compliance with the requirements set
478478 7 forth in this Article.
479479 8 (d) At the earliest practicable time after a candidate
480480 9 files a written application for certification as a
481481 10 participating candidate with the Board, in no event more than
482482 11 10 business days, the Board shall certify in writing that the
483483 12 candidate is or is not eligible. Eligibility may be revoked if
484484 13 the Board determines, after appropriate due process, that a
485485 14 candidate has committed a substantial violation of the
486486 15 requirements of this Article, in which case all matching funds
487487 16 granted to the candidate shall be repaid to the Fund. A
488488 17 determination shall be made by the Board after an appropriate
489489 18 hearing, affording due process to the aggrieved party, under
490490 19 rules adopted by the Board that further define what
491491 20 constitutes a "substantial violation" and that set forth the
492492 21 procedures to be followed in connection with any such hearing.
493493 22 (10 ILCS 5/9A-30 new)
494494 23 Sec. 9A-30. Matching funds payments.
495495 24 (a) A candidate who is certified as a participating
496496 25 candidate shall receive payment of matching funds equal to 6
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507507 1 times the amount of qualified contributions received by the
508508 2 participating candidate during the election cycle with respect
509509 3 to a single election subject to the aggregate limit on the
510510 4 total amount of matching funds payments to a participating
511511 5 candidate specified in subsection (b) of this Section, unless
512512 6 the candidate has no opposition on the ballot. Unopposed
513513 7 candidates shall not be eligible to receive matching funds
514514 8 unless and until they cease to be unopposed; however, any
515515 9 candidate who had already received matching funds under this
516516 10 Article prior to becoming unopposed shall be entitled to
517517 11 retain those funds and spend those funds in accordance with
518518 12 Section 9A-50 of this Code.
519519 13 (b) Subject to the requirements of subsection (a) of
520520 14 Section 9A-40 of this Code, the aggregate amount of matching
521521 15 funds payments that may be made to a participating candidate
522522 16 during an election cycle may not exceed the following:
523523 17 (1) $5,000,000 for candidates for Governor;
524524 18 (2) $1,000,000 for candidates for Lieutenant Governor,
525525 19 Attorney General, State Comptroller, State Treasurer, and
526526 20 Secretary of State;
527527 21 (3) $300,000 for candidates for State Senator; and
528528 22 (4) $150,000 for candidates for State Representative.
529529 23 (c) A participating candidate's application for matching
530530 24 funds, including an initial request submitted with an
531531 25 application for certification as a participating candidate,
532532 26 shall be made using a form prescribed by the Board and shall be
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543543 1 accompanied as necessary by initial qualifying contribution
544544 2 receipts and any other information the Board requires by rule.
545545 3 This application shall be accompanied by a signed statement
546546 4 from the participating candidate indicating that all
547547 5 information on the initial qualifying contribution receipts is
548548 6 complete and accurate to the best of the participating
549549 7 candidate's knowledge. The Board shall verify that a
550550 8 participating candidate's qualified contributions meet all of
551551 9 the requirements and limitations of this Article prior to the
552552 10 disbursement of matching funds to the participating candidate.
553553 11 (d) The Board shall make an initial payment of the
554554 12 matching funds within 10 business days of the Board's
555555 13 certification of a participating candidate's eligibility in
556556 14 accordance with the provisions of this Article, or as soon
557557 15 thereafter as is practicable.
558558 16 (e) The Board shall establish a schedule for the
559559 17 submission of matching funds payment requests, permitting a
560560 18 participating candidate to submit a matching funds payment
561561 19 request at least once per month, in accordance with a schedule
562562 20 established by the Board.
563563 21 (f) When 90% of the existing Fund has been distributed,
564564 22 the Board shall give notice within 24 hours to all candidates
565565 23 that only 10% of the Fund remains. Thereafter, the Board shall
566566 24 make no further matching funds payments until after election
567567 25 day and it shall only pay any requests submitted after notice
568568 26 has been distributed under this subsection (f) proportionally,
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579579 1 spread over all candidates and requests equally, in a manner
580580 2 to be determined in greater detail pursuant to rules adopted
581581 3 by the Board.
582582 4 (10 ILCS 5/9A-35 new)
583583 5 Sec. 9A-35. Limits on contributions.
584584 6 (a) Subject to the requirements of subsection (a) of
585585 7 Section 9A-40 of this Code, no candidate shall accept,
586586 8 directly or indirectly, any contribution (or combination of
587587 9 contributions) from the same person, corporation, partnership,
588588 10 political party, political action committee, or other legal
589589 11 entity in excess of $500. However, if a candidate in the
590590 12 participating candidate's race exceeds the self-funding
591591 13 thresholds established in subsection (h) of Section 9-8.5 of
592592 14 this Code for that race, the limitation under this subsection
593593 15 (a) is increased to $2,500.
594594 16 (b) No participating candidate shall accept any
595595 17 contribution (or combination of contributions) from any
596596 18 person, corporation, partnership, or other legal entity who
597597 19 lobbies members of the State executive or legislative
598598 20 branches, within the meaning of the Lobbyist Registration Act,
599599 21 or does business with the State. No participating candidate
600600 22 shall encourage, support, cooperate, or coordinate with any
601601 23 independent expenditure committee or any individual engaging
602602 24 in independent expenditures, whether in support of the
603603 25 candidate or in opposition to the candidate's opponent. The
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614614 1 Board may adopt additional rules defining who constitutes a
615615 2 "lobbyist" and who is deemed to be "doing business" with the
616616 3 State within the meaning of this Article.
617617 4 (c) No participating candidate shall make expenditures
618618 5 from or use his or her own personal funds or the personal funds
619619 6 or property held jointly with members of his or her immediate
620620 7 family in connection with his or her nomination for election
621621 8 or election, except as a contribution to his or her political
622622 9 committee in an amount that does not exceed 10 times the
623623 10 maximum contribution applicable under subsection (a) of this
624624 11 Section. No participating candidate shall make expenditures
625625 12 from or use other personal funds or property of his or her
626626 13 immediate family in furtherance of his or her own campaign.
627627 14 (10 ILCS 5/9A-40 new)
628628 15 Sec. 9A-40. Adjustment.
629629 16 (a) The Board shall revise the limits on contributions and
630630 17 on overall contributions at least one year prior to the next
631631 18 general primary election. The Board shall adjust them by an
632632 19 amount equal to the change in the Consumer Price Index for all
633633 20 Urban Consumers for all items published by the United States
634634 21 Department of Labor for the 12-month calendar year preceding
635635 22 readjustment. Amounts shall be rounded to the nearest $10. The
636636 23 revised overall limits shall be published no later than one
637637 24 year prior to the date of the next general primary election.
638638 25 (b) The General Assembly shall review the amounts and
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649649 1 numbers of required initial qualifying contributions, the
650650 2 ratio of matching funds, the additional limits on
651651 3 contributions, and the limits on overall contributions in the
652652 4 6-month period following each general election to determine if
653653 5 they shall stay the same, after any adjustment for inflation
654654 6 under subsection (a) of this Section, or be increased for the
655655 7 next general primary election and general election.
656656 8 (c) If the General Assembly determines that any of the
657657 9 figures specified in subsection (b) of this Section should
658658 10 change, then any proposed change, other than an adjustment for
659659 11 inflation under subsection (a) of this Section, shall be
660660 12 adopted for the next general election by a majority vote of
661661 13 each chamber of the General Assembly and shall also be
662662 14 submitted to the voters via a binding referendum for
663663 15 ratification at the next consolidated election for approval or
664664 16 rejection with respect to any future general elections.
665665 17 (10 ILCS 5/9A-45 new)
666666 18 Sec. 9A-45. Campaign accounts for participating
667667 19 candidates. During an election cycle, each participating
668668 20 candidate shall conduct all campaign financial activities
669669 21 through a single political action committee, consistent with
670670 22 subsection (b) of Section 9-2 of this Code, and shall comply
671671 23 with any additional recordkeeping requirements imposed under
672672 24 this Article by the Board.
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683683 1 (10 ILCS 5/9A-50 new)
684684 2 Sec. 9A-50. Expenditures of matching funds.
685685 3 (a) A participating candidate shall use matching funds
686686 4 only for direct campaign purposes. The Board may further
687687 5 define the phrase "direct campaign purposes" by rule.
688688 6 (b) Neither a participating candidate nor anyone acting on
689689 7 his or her behalf shall use matching funds for:
690690 8 (1) costs of legal defense in any campaign law
691691 9 enforcement proceeding;
692692 10 (2) indirect campaign purposes, including, but not
693693 11 limited to:
694694 12 (A) the participating candidate's personal support
695695 13 or compensation to the participating candidate or the
696696 14 participating candidate's immediate family;
697697 15 (B) clothing, haircuts, and other items related to
698698 16 the participating candidate's personal appearance;
699699 17 (C) a contribution or loan to the campaign
700700 18 committee of another candidate, a party committee, or
701701 19 other political committee;
702702 20 (D) an independent expenditure;
703703 21 (E) automobile purchases, tuition payments, or
704704 22 childcare costs;
705705 23 (F) dues, fees, or gratuities at a country club,
706706 24 health club, recreational facility, or other
707707 25 nonpolitical organization unless part of a specific
708708 26 fundraising event that takes place on the
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719719 1 organization's premises;
720720 2 (G) admission to a sporting event, theater,
721721 3 concert, or other entertainment event not part of a
722722 4 specific campaign activity; or
723723 5 (H) gifts, except for brochures, buttons, signs,
724724 6 and other campaign materials and token gifts valued at
725725 7 not more than $50 that are for the purpose of
726726 8 expressing gratitude, condolences, or congratulations.
727727 9 (10 ILCS 5/9A-55 new)
728728 10 Sec. 9A-55. Disclosure requirements and procedures; return
729729 11 of funds.
730730 12 (a) Each participating candidate shall file reports of
731731 13 contribution receipts and of expenditures of matching funds
732732 14 and other campaign funds at such times and in such manners as
733733 15 the Board may prescribe by rule, including, but not limited
734734 16 to, reports containing information necessary to verify that
735735 17 the qualified contributions received by participating
736736 18 candidates and that the matching funds spent by participating
737737 19 candidates comply with the restrictions and requirements of
738738 20 this Article.
739739 21 (b) The Board by rule shall adopt procedures for auditing
740740 22 any reports filed with it as well as related reports filed with
741741 23 the State Board of Elections and issuing a public report
742742 24 summarizing the election results, the campaign expenditures
743743 25 made in connection with offices covered by this Article, and
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754754 1 the level and amount of matching funds provided to each
755755 2 campaign.
756756 3 (c) Within 90 days after the consolidated or general
757757 4 election, every participating candidate who received matching
758758 5 funds under this Article shall repay the Fund any unused
759759 6 matching funds, calculated as follows: any unused campaign
760760 7 funds shall be multiplied by a ratio consisting of the total
761761 8 amount of matching funds received by the campaign in the
762762 9 numerator and the total amount of campaign funds raised by the
763763 10 campaign in the denominator. The amount of any repayment under
764764 11 this subsection (c) shall not exceed the total amount of
765765 12 matching funds paid to the campaign.
766766 13 (10 ILCS 5/9A-60 new)
767767 14 Sec. 9A-60. Joint campaign contributions and expenditures.
768768 15 Where multiple candidates are otherwise permitted under State
769769 16 law to engage in joint efforts to raise campaign contributions
770770 17 or in joint campaign expenditures, any contribution received
771771 18 at a joint fundraising event and any joint campaign
772772 19 expenditures shall be appropriately allocated among the
773773 20 participating candidates in a reasonable manner to be agreed
774774 21 upon by those candidates participating in the activity. The
775775 22 Board may review the reasonableness of any allocation under
776776 23 this Section.
777777 24 (10 ILCS 5/9A-65 new)
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788788 1 Sec. 9A-65. Application of contribution and expenditure
789789 2 limitations to certain political activities. Nothing in this
790790 3 Article shall be construed to restrict candidates or their
791791 4 agents from making appearances at events sponsored or paid for
792792 5 by persons, political committees, or other entities that are
793793 6 not in any way affiliated with the candidate or any agent of
794794 7 the candidate. The costs of these events shall not be
795795 8 considered contributions to or expenditures by the candidate
796796 9 for purposes of this Article simply because the candidate or
797797 10 agent appears at such an event. However, this provision does
798798 11 not apply to events at which contributions are solicited on
799799 12 behalf of the participating candidate.
800800 13 (10 ILCS 5/9A-70 new)
801801 14 Sec. 9A-70. Campaign Finance Board; general powers and
802802 15 duties.
803803 16 (a) A Campaign Finance Board is created within the State
804804 17 Board of Elections, consisting of 5 members appointed by the
805805 18 Governor with the advice and consent of the Senate. Each party
806806 19 or caucus represented in the General Assembly shall have at
807807 20 least one member on the Board. However, the Chairperson of the
808808 21 Board shall not be affiliated with any political party. The
809809 22 initial appointments required under this subsection (a) shall
810810 23 be made within 6 months of the effective date of this
811811 24 amendatory Act of 103rd General Assembly, and their terms
812812 25 shall commence on the January 1 following appointment. The
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823823 1 terms of office for the initial appointees shall be, except
824824 2 for the Chairperson, determined by lot as follows:
825825 3 (1) one member shall serve a term of one year;
826826 4 (2) one member shall serve a term of 2 years;
827827 5 (3) one member shall serve a term of 3 years;
828828 6 (4) one member shall serve a term of 4 years; and
829829 7 (5) the initial Chairperson shall serve a term of 5
830830 8 years.
831831 9 Thereafter, each member shall be appointed for a term of 5
832832 10 years, according to the original manner of appointment. In the
833833 11 case of a vacancy in the office of a member, a member shall be
834834 12 selected to serve the remainder of the unexpired term in the
835835 13 same manner the vacating member was selected. Members shall
836836 14 serve no more than 3 consecutive terms. No member of the Board
837837 15 may be removed from office except for cause, after notice and a
838838 16 hearing by the Senate.
839839 17 (b) To be eligible to serve as a member of the Board, an
840840 18 individual must meet all of the following qualifications
841841 19 throughout the period of his or her service:
842842 20 (1) the member must be a resident of Illinois,
843843 21 eligible and registered to vote;
844844 22 (2) the member must agree that he or she and any
845845 23 members of his or her immediate family will not make any
846846 24 contributions to any candidate for any of the offices
847847 25 eligible to receive matching funds during his or her term
848848 26 of service;
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859859 1 (3) the member must agree not to (i) serve as an
860860 2 officer of a political party or (ii) be a candidate or
861861 3 participate in any capacity in a campaign by a candidate
862862 4 for any of the offices eligible to receive public matching
863863 5 funds under this Article during his or her term of
864864 6 service;
865865 7 (4) the member may not otherwise be an officer or
866866 8 employee of the State, nor a lobbyist engaged in lobbying
867867 9 any elected officials of the State; and
868868 10 (5) the member must agree to undergo training under
869869 11 the supervision of the Chairperson of the Board.
870870 12 (c) Subject to appropriations, the members of the Board
871871 13 shall be compensated at a rate specified by law while
872872 14 performing the work of the Board.
873873 15 (d) The Board may employ necessary staff, including
874874 16 attorneys and accountants, and may utilize the services of
875875 17 employees of the State Board of Elections to assist the Board
876876 18 in carrying out its duties. Subject to appropriations, the
877877 19 total budget for the Board's operations shall not be less than
878878 20 .01% of the overall State budget.
879879 21 (e) The Board shall have the authority to adopt rules and
880880 22 provide forms as it deems necessary to administer the matching
881881 23 funds system created by this Article. The Board shall adopt
882882 24 rules concerning the form in which contributions and
883883 25 expenditures are to be reported, the periods during which such
884884 26 reports must be filed, the measures for auditing and reporting
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895895 1 on campaign contributions and expenditures, and the
896896 2 verification required.
897897 3 (f) The Board shall have the power to investigate all
898898 4 matters relating to the performance of its functions and any
899899 5 other matter relating to the proper administration of this
900900 6 Article. It shall have the power to require the attendance of
901901 7 witnesses, to examine and take testimony under oath of any
902902 8 persons as it shall deem necessary, and to require the
903903 9 production of books, accounts, papers, and any other relevant
904904 10 evidence relative to such investigation.
905905 11 (g) The Board shall develop a program for informing
906906 12 candidates and the public about the small donor matching funds
907907 13 system created by this Article. The Board may prepare and make
908908 14 available educational materials, including compliance manuals
909909 15 and summaries of the relevant provisions of this program. The
910910 16 Board shall prepare and make available materials including, to
911911 17 the extent feasible, computer software, to facilitate the task
912912 18 of compliance with the disclosure and recordkeeping
913913 19 requirements under this Article.
914914 20 (h) The Board shall have the power to render advisory
915915 21 opinions with respect to questions arising under this Article.
916916 22 These opinions may be requested in writing by any candidate,
917917 23 political committee, or member of the general public. The
918918 24 Board shall adopt rules regarding submissions and responses to
919919 25 such requests, including response times. The Board shall make
920920 26 public its response to any such requests, as well as to any
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931931 1 other formal rulings or interpretations it makes, including by
932932 2 posting them on its website, if practicable.
933933 3 (i) The Board shall have the authority to implement any
934934 4 system established for the regulation of inauguration and
935935 5 transition donations and expenditures, including any related
936936 6 penalties. It shall also have the authority to adopt and
937937 7 implement a system for handling the transition from the
938938 8 existing campaign finance system and any pre-existing
939939 9 political committees and contributions to the small donor
940940 10 matching funds system implemented by this Article.
941941 11 (j) The Board may take such other actions as are necessary
942942 12 and proper to carry out its functions and the purposes of
943943 13 adoption of a small donor matching funds system. The specific
944944 14 grants of power under this Section do not constitute and shall
945945 15 not be construed as limitations on the other proper and
946946 16 necessary powers of the Board.
947947 17 (k) All final administrative decisions under this Article
948948 18 are subject to judicial review under the Administrative Review
949949 19 Law.
950950 20 (10 ILCS 5/9A-75 new)
951951 21 Sec. 9A-75. Public campaign financing program penalties.
952952 22 (a) If a participating candidate knowingly accepts or
953953 23 spends matching funds in violation of this Article, then the
954954 24 candidate shall repay to the Fund a civil fine in an amount
955955 25 equal to twice the value of the funding unlawfully accepted or
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966966 1 spent.
967967 2 (b) The Board shall, after a hearing affording the
968968 3 aggrieved party due process, have the authority to impose the
969969 4 fine created by this Section, to order repayment of
970970 5 overpayments that were not knowingly received, and to take any
971971 6 other appropriate action, pursuant to any additional rules
972972 7 concerning such hearings as the Board shall adopt.
973973 8 (c) Any member of the public, as well as the Board on its
974974 9 own initiative, shall have standing to file a complaint with
975975 10 the Board alleging a violation of this Article. If a complaint
976976 11 is filed by an opposing candidate, or in coordination with an
977977 12 opposing candidate's campaign, the Board shall have the option
978978 13 of awarding costs and attorneys' fees if the complaint is
979979 14 found to have been lacking a reasonable basis.
980980 15 (d) The Board shall adopt appropriate rules guaranteeing
981981 16 notice and due process to anyone accused of violating this
982982 17 Article and setting forth the process the Board will follow in
983983 18 investigating and adjudicating any such complaint.
984984 19 Section 10. The State Finance Act is amended by adding
985985 20 Section 5.990 as follows:
986986 21 (30 ILCS 105/5.990 new)
987987 22 Sec. 5.990. The Small Donor Democracy Matching Fund.
988988 23 Section 97. Severability. The provisions of this Act are
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999999 1 severable under Section 1.31 of the Statute on Statutes.
10001000 2 Section 99. Effective date. This Act takes effect upon
10011001 3 becoming law.
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