IL
Illinois Senate Bill SB2127

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2127 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2127 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new35 ILCS 5/507MMM new Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately. LRB103 28347 BMS 54726 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2127 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new35 ILCS 5/507MMM new New Act 30 ILCS 105/5.990 new 35 ILCS 5/507MMM new Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately. LRB103 28347 BMS 54726 b LRB103 28347 BMS 54726 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2127 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 New Act30 ILCS 105/5.990 new35 ILCS 5/507MMM new New Act 30 ILCS 105/5.990 new 35 ILCS 5/507MMM new
44 New Act
55 30 ILCS 105/5.990 new
66 35 ILCS 5/507MMM new
77 Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.
88 LRB103 28347 BMS 54726 b LRB103 28347 BMS 54726 b
99 LRB103 28347 BMS 54726 b
1010 A BILL FOR
1111 SB2127LRB103 28347 BMS 54726 b SB2127 LRB103 28347 BMS 54726 b
1212 SB2127 LRB103 28347 BMS 54726 b
1313 1 AN ACT concerning elections.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the
1717 5 Illinois Clean Elections Act.
1818 6 Section 5. Definitions. As used in this Act:
1919 7 "Certified candidate" means a candidate running for
2020 8 Governor, Secretary of State, Attorney General, State
2121 9 Treasurer, State Comptroller, State Senator, or State
2222 10 Representative, in a primary election, and Governor, Secretary
2323 11 of State, Attorney General, State Treasurer, State
2424 12 Comptroller, State Senator, or State Representative, in a
2525 13 general election who chooses to participate in this Act and
2626 14 who is certified as an Illinois Clean Elections Act candidate
2727 15 under subsection (e) of Section 20 of this Act.
2828 16 "Contribution" has the same meaning as in Article 9 of the
2929 17 Election Code.
3030 18 "Fund" means the Illinois Clean Elections Fund established
3131 19 in Section 15 of this Act.
3232 20 "Nonparticipating candidate" means a candidate running for
3333 21 Governor, Secretary of State, Attorney General, State
3434 22 Treasurer, State Comptroller, State Senator, or State
3535 23 Representative, in a primary election, and Governor, Secretary
3636
3737
3838
3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2127 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
4040 New Act30 ILCS 105/5.990 new35 ILCS 5/507MMM new New Act 30 ILCS 105/5.990 new 35 ILCS 5/507MMM new
4141 New Act
4242 30 ILCS 105/5.990 new
4343 35 ILCS 5/507MMM new
4444 Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.
4545 LRB103 28347 BMS 54726 b LRB103 28347 BMS 54726 b
4646 LRB103 28347 BMS 54726 b
4747 A BILL FOR
4848
4949
5050
5151
5252
5353 New Act
5454 30 ILCS 105/5.990 new
5555 35 ILCS 5/507MMM new
5656
5757
5858
5959 LRB103 28347 BMS 54726 b
6060
6161
6262
6363
6464
6565
6666
6767
6868
6969 SB2127 LRB103 28347 BMS 54726 b
7070
7171
7272 SB2127- 2 -LRB103 28347 BMS 54726 b SB2127 - 2 - LRB103 28347 BMS 54726 b
7373 SB2127 - 2 - LRB103 28347 BMS 54726 b
7474 1 of State, Attorney General, State Treasurer, State
7575 2 Comptroller, State Senator, or State Representative, in a
7676 3 general election who does not choose to participate in this
7777 4 Act and who is not seeking to be certified as an Illinois Clean
7878 5 Elections Act candidate.
7979 6 "Participating candidate" means a candidate who is running
8080 7 for Governor, Secretary of State, Attorney General, State
8181 8 Treasurer, State Comptroller, State Senator, or State
8282 9 Representative, in a primary election, and Governor, Secretary
8383 10 of State, Attorney General, State Treasurer, State
8484 11 Comptroller, State Senator, or State Representative, in a
8585 12 general election who is seeking to be certified as an Illinois
8686 13 Clean Elections Act candidate.
8787 14 "Qualifying contribution" means a donation:
8888 15 (1) Of $5 in the form of a check or a money order
8989 16 payable to the Fund in support of a candidate;
9090 17 (2) Made by a registered voter within the district for
9191 18 the office a candidate is seeking;
9292 19 (3) Made during the designated qualifying period and
9393 20 obtained with the knowledge and approval of the candidate;
9494 21 and
9595 22 (4) That is acknowledged by a written receipt that
9696 23 identifies the name and address of the donor on forms
9797 24 provided by the State Board.
9898 25 "Qualifying period" means the following:
9999 26 (1) For a participating candidate for Governor,
100100
101101
102102
103103
104104
105105 SB2127 - 2 - LRB103 28347 BMS 54726 b
106106
107107
108108 SB2127- 3 -LRB103 28347 BMS 54726 b SB2127 - 3 - LRB103 28347 BMS 54726 b
109109 SB2127 - 3 - LRB103 28347 BMS 54726 b
110110 1 Secretary of State, Attorney General, State Treasurer, or
111111 2 State Comptroller, the qualifying period begins November 1
112112 3 immediately preceding the election year and ends at 5:00
113113 4 p.m. on April 15 of the election year unless the candidate
114114 5 is unenrolled, in which case the period ends at 5:00 p.m.
115115 6 on June 2 of the election year.
116116 7 (2) For State Senate or State House of Representatives
117117 8 participating candidates, the qualifying period begins
118118 9 January 1 of the election year and ends at 5:00 p.m. on
119119 10 April 15 of that election year unless the candidate is
120120 11 unenrolled, in which case the period ends at 5:00 p.m. on
121121 12 June 2 of the election year.
122122 13 "Seed money contribution" means a contribution of no more
123123 14 than $100 per individual made to a contribution from the
124124 15 candidate or the candidate's family. To be eligible for
125125 16 certification, a candidate may collect and spend only seed
126126 17 money contributions subsequent to becoming a candidate as
127127 18 defined by Article 9 of the Election Code and throughout the
128128 19 qualifying period. A participating candidate who has accepted
129129 20 contributions or made expenditures that do not comply with the
130130 21 seed money restrictions under this Act may petition the State
131131 22 Board to remain eligible for certification as an Illinois
132132 23 Clean Elections Act candidate in accordance with rules of the
133133 24 State Board, if the failure to comply was unintentional and
134134 25 does not constitute a significant infraction of these
135135 26 restrictions. Prior to certification, a candidate may obligate
136136
137137
138138
139139
140140
141141 SB2127 - 3 - LRB103 28347 BMS 54726 b
142142
143143
144144 SB2127- 4 -LRB103 28347 BMS 54726 b SB2127 - 4 - LRB103 28347 BMS 54726 b
145145 SB2127 - 4 - LRB103 28347 BMS 54726 b
146146 1 an amount greater than the seed money collected if the value of
147147 2 the goods and services received from a vendor does not exceed
148148 3 the amount paid to the vendor. A candidate may not collect or
149149 4 spend seed money contributions after certification as an
150150 5 Illinois Clean Elections Act candidate. A seed money
151151 6 contribution must be reported according to procedures
152152 7 developed by the State Board.
153153 8 "State Board" means the State Board of Elections.
154154 9 Section 10. Alternative campaign financing option. This
155155 10 Act establishes an alternative campaign financing option
156156 11 available to candidates running for Governor, Secretary of
157157 12 State, Attorney General, State Treasurer, State Comptroller,
158158 13 State Senator, and State Representative. This alternative
159159 14 campaign financing option is available to candidates for
160160 15 elections to be held beginning in the year 2024. The State
161161 16 Board shall administer this Act and the Fund. Candidates
162162 17 participating in this Act must also comply with all other
163163 18 applicable election and campaign laws and regulations.
164164 19 Section 15. The Illinois Clean Elections Fund established;
165165 20 sources of funding.
166166 21 (a) The Illinois Clean Elections Fund is established as a
167167 22 special fund in the State treasury to finance the election
168168 23 campaigns of certified Illinois Clean Elections Act candidates
169169 24 running for Governor, Attorney General, Secretary of State,
170170
171171
172172
173173
174174
175175 SB2127 - 4 - LRB103 28347 BMS 54726 b
176176
177177
178178 SB2127- 5 -LRB103 28347 BMS 54726 b SB2127 - 5 - LRB103 28347 BMS 54726 b
179179 SB2127 - 5 - LRB103 28347 BMS 54726 b
180180 1 State Treasurer, State Comptroller, State Senator, and State
181181 2 Representative and to pay administrative and enforcement costs
182182 3 of the State Board related to this Act. Any interest generated
183183 4 by the Fund is credited to the Fund. The State Board shall
184184 5 administer the Fund.
185185 6 (b) The following must be deposited into the Fund:
186186 7 (1) The qualifying contributions required under
187187 8 Section 20 of this Act when those contributions are
188188 9 submitted to the State Board.
189189 10 (2) $40,000,000 of the revenues from the taxes imposed
190190 11 by the Illinois Income Tax Act and credited to the General
191191 12 Revenue Fund, transferred to the Fund by the State
192192 13 Treasurer on or before January 1 of each year, beginning
193193 14 January 1, 2024. These revenues must be offset in an
194194 15 equitable manner by an equivalent reduction within the
195195 16 administrative divisions of the legislative branch and
196196 17 executive branch agencies. If the State Board determines
197197 18 that the Fund will not have sufficient revenues to cover
198198 19 the likely demand for funds from the Illinois Clean
199199 20 Elections Fund in an upcoming calendar year, by January 1
200200 21 the State Board shall provide a report of its projections
201201 22 of the balances in the Illinois Clean Elections Fund to
202202 23 the General Assembly and the Governor and may request that
203203 24 the State Treasurer make the following transfers to the
204204 25 Illinois Clean Elections Fund from the General Revenue
205205 26 Fund:
206206
207207
208208
209209
210210
211211 SB2127 - 5 - LRB103 28347 BMS 54726 b
212212
213213
214214 SB2127- 6 -LRB103 28347 BMS 54726 b SB2127 - 6 - LRB103 28347 BMS 54726 b
215215 SB2127 - 6 - LRB103 28347 BMS 54726 b
216216 1 (A) Up to $20,000,000 no later than February 28,
217217 2 2024, reflecting an advance of the transfer of the
218218 3 amounts that would be received on or before January 1,
219219 4 2025 pursuant to this paragraph.
220220 5 (B) Up to $15,000,000 no later than July 31, 2024,
221221 6 pursuant to this paragraph reflecting an advance of
222222 7 the transfer of the amounts that would be received on
223223 8 or before January 1, 2025 pursuant to this paragraph.
224224 9 (C) Up to $5,000,000 no later than September 1,
225225 10 2026, reflecting a partial advance of the transfer of
226226 11 the amounts that would be received on or before
227227 12 January 1, 2027 pursuant to this paragraph.
228228 13 (3) Revenue from a tax checkoff program allowing a
229229 14 resident of the State who files a tax return with the
230230 15 Department of Revenue to designate that $3 be paid into
231231 16 the Fund. If a husband and wife file a joint return, each
232232 17 spouse may designate that $3 be paid. The Department of
233233 18 Revenue shall report annually the amounts designated for
234234 19 the Fund to the State Treasurer, who shall transfer that
235235 20 amount to the Fund.
236236 21 (4) Seed money contributions remaining unspent after a
237237 22 candidate has been certified as an Illinois Clean
238238 23 Elections Act candidate.
239239 24 (5) Fund revenues that were distributed to an Illinois
240240 25 Clean Elections Act candidate and that remain unspent
241241 26 after the candidate has lost a primary election or after
242242
243243
244244
245245
246246
247247 SB2127 - 6 - LRB103 28347 BMS 54726 b
248248
249249
250250 SB2127- 7 -LRB103 28347 BMS 54726 b SB2127 - 7 - LRB103 28347 BMS 54726 b
251251 SB2127 - 7 - LRB103 28347 BMS 54726 b
252252 1 all general elections.
253253 2 (6) Other unspent Fund revenues distributed to any
254254 3 Illinois Clean Elections Act candidate who does not remain
255255 4 a candidate throughout a primary or general election
256256 5 cycle.
257257 6 (7) Voluntary donations made directly to the Fund.
258258 7 (8) Fines collected under this Act.
259259 8 (c) By September 1 preceding each election year, the State
260260 9 Board shall publish an estimate of revenue in the Fund
261261 10 available for distribution to certified candidates during the
262262 11 upcoming year's elections and an estimate of the likely demand
263263 12 for clean elections funding during that election. The State
264264 13 Board may submit legislation to request additional funding.
265265 14 Section 20. Terms of participation.
266266 15 (a) A participating candidate must file a declaration of
267267 16 intent to seek certification as an Illinois Clean Elections
268268 17 Act candidate and to comply with the requirements of this Act.
269269 18 The declaration of intent must be filed with the State Board
270270 19 prior to or during the qualifying period, except as provided
271271 20 in subsection (l) of this Section, according to forms and
272272 21 procedures developed by the State Board. A participating
273273 22 candidate must submit a declaration of intent within 5
274274 23 business days after collecting qualifying contributions under
275275 24 this Act or the qualifying contributions collected before the
276276 25 declaration of intent has been filed will not be counted
277277
278278
279279
280280
281281
282282 SB2127 - 7 - LRB103 28347 BMS 54726 b
283283
284284
285285 SB2127- 8 -LRB103 28347 BMS 54726 b SB2127 - 8 - LRB103 28347 BMS 54726 b
286286 SB2127 - 8 - LRB103 28347 BMS 54726 b
287287 1 toward the eligibility requirement in subsection (c) of this
288288 2 Section.
289289 3 (b) Subsequent to becoming a candidate defined by and
290290 4 prior to certification, a participating candidate may not
291291 5 accept contributions, except for seed money contributions. A
292292 6 participating candidate must limit the candidate's seed money
293293 7 contributions to the following amounts:
294294 8 (1) $50,000 for a gubernatorial candidate.
295295 9 (2) $25,000 for a candidate for Secretary of State,
296296 10 Attorney General, State Treasurer, or State Comptroller.
297297 11 (3) $10,000 for a candidate for the State Senate.
298298 12 (4) $5,000 for a candidate for the State House of
299299 13 Representatives.
300300 14 The State Board may, by rule, revise these amounts to
301301 15 ensure the effective implementation of this Act.
302302 16 (c) Participating candidates must obtain qualifying
303303 17 contributions during the qualifying period as follows:
304304 18 (1) For a candidate for Governor, Secretary of State,
305305 19 Attorney General, State Treasurer, or State Comptroller,
306306 20 the minimum number of qualifying donations from verified
307307 21 registered voters of this State is equal to the minimum
308308 22 number of signatures required for a candidate petition for
309309 23 a statewide office under subsection (a) of Section 7-10 of
310310 24 this Code.
311311 25 (2) For a candidate for the State Senate, the minimum
312312 26 number of qualifying donations from verified registered
313313
314314
315315
316316
317317
318318 SB2127 - 8 - LRB103 28347 BMS 54726 b
319319
320320
321321 SB2127- 9 -LRB103 28347 BMS 54726 b SB2127 - 9 - LRB103 28347 BMS 54726 b
322322 SB2127 - 9 - LRB103 28347 BMS 54726 b
323323 1 voters of this State is equal to the minimum number of
324324 2 signatures required for a candidate petition for a State
325325 3 Senator under Section 8-8 of this Code.
326326 4 (3) For a candidate for the State House of
327327 5 Representatives, the minimum number of qualifying
328328 6 donations from verified registered voters of this State is
329329 7 equal to the minimum number of signatures required for a
330330 8 candidate petition for a Representative in the General
331331 9 Assembly under Section 8-8 of this Code.
332332 10 A payment, gift, or anything of value may not be given in
333333 11 exchange for a qualifying contribution. A candidate may pay
334334 12 the fee for a money order in the amount of $5, which is a
335335 13 qualifying contribution, as long as the donor making the
336336 14 qualifying contribution pays the $5 amount reflected on the
337337 15 money order. Any money order fees paid by a participating
338338 16 candidate must be paid for with seed money and reported in
339339 17 accordance with State Board rules.
340340 18 (d) A participating candidate must submit qualifying
341341 19 contributions to the State Board during the qualifying period
342342 20 according to procedures developed by the State Board, except
343343 21 as provided under subsection (l) of this Section.
344344 22 (e) Upon receipt of a final submittal of qualifying
345345 23 contributions by a participating candidate, the State Board
346346 24 shall determine whether or not the candidate has:
347347 25 (1) Signed and filed a declaration of intent to
348348 26 participate in this Act.
349349
350350
351351
352352
353353
354354 SB2127 - 9 - LRB103 28347 BMS 54726 b
355355
356356
357357 SB2127- 10 -LRB103 28347 BMS 54726 b SB2127 - 10 - LRB103 28347 BMS 54726 b
358358 SB2127 - 10 - LRB103 28347 BMS 54726 b
359359 1 (2) Submitted the appropriate number of valid
360360 2 qualifying contributions.
361361 3 (3) Qualified as a candidate by petition or other
362362 4 means.
363363 5 (4) Not accepted contributions, except for seed money
364364 6 contributions, and otherwise complied with seed money
365365 7 restrictions.
366366 8 (5) Not run for the same office as a nonparticipating
367367 9 candidate in a primary election in the same election year.
368368 10 (6) Otherwise met the requirements for participation
369369 11 in this Act.
370370 12 The State Board shall certify a candidate complying with
371371 13 the requirements of this Section as an Illinois Clean
372372 14 Elections Act candidate as soon as possible and no later than 3
373373 15 business days after final submittal of qualifying
374374 16 contributions. Upon certification, a candidate must transfer
375375 17 to the Fund any unspent seed money contributions. A certified
376376 18 candidate must comply with all requirements of this Act after
377377 19 certification and throughout the primary and general election
378378 20 periods. Failure to do so is a violation of this Act.
379379 21 (f) After certification, a candidate must limit the
380380 22 candidate's campaign expenditures and obligations, including
381381 23 outstanding obligations, to the revenues distributed to the
382382 24 candidate from the Fund and may not accept any contributions
383383 25 unless specifically authorized by the State Board. Candidates
384384 26 may also accept and spend interest earned on bank accounts.
385385
386386
387387
388388
389389
390390 SB2127 - 10 - LRB103 28347 BMS 54726 b
391391
392392
393393 SB2127- 11 -LRB103 28347 BMS 54726 b SB2127 - 11 - LRB103 28347 BMS 54726 b
394394 SB2127 - 11 - LRB103 28347 BMS 54726 b
395395 1 All revenues distributed to a certified candidate from the
396396 2 Fund must be used for campaign-related purposes. The
397397 3 candidate, the treasurer, the candidate's political committee,
398398 4 or any agent of the candidate and committee may not use these
399399 5 revenues for any but campaign-related purposes. The State
400400 6 Board shall publish guidelines outlining permissible
401401 7 campaign-related expenditures.
402402 8 (g) The State Board shall distribute to certified
403403 9 candidates revenues from the Fund in amounts determined under
404404 10 subsection (h) in the following manner.
405405 11 (1) Within 3 days after certification, for candidates
406406 12 certified prior to March 15 of the election year, revenues
407407 13 from the Fund must be distributed as if the candidates are
408408 14 in an uncontested primary election.
409409 15 (2) Within 3 days after certification, for all
410410 16 candidates certified between March 15 and April 15 of the
411411 17 election year, revenues from the Fund must be distributed
412412 18 according to whether the candidate is in a contested or
413413 19 uncontested primary election.
414414 20 (3) For candidates in contested primary elections
415415 21 receiving a distribution under paragraph (1) of this
416416 22 subsection, additional revenues from the fund must be
417417 23 distributed within 3 days of March 15 after the election
418418 24 year.
419419 25 (4) Within 3 days after the primary election results
420420 26 are certified, for general election certified candidates,
421421
422422
423423
424424
425425
426426 SB2127 - 11 - LRB103 28347 BMS 54726 b
427427
428428
429429 SB2127- 12 -LRB103 28347 BMS 54726 b SB2127 - 12 - LRB103 28347 BMS 54726 b
430430 SB2127 - 12 - LRB103 28347 BMS 54726 b
431431 1 revenues from the Fund must be distributed according to
432432 2 whether the candidate is in a contested or uncontested
433433 3 general election.
434434 4 Funds may be distributed to certified candidates under
435435 5 this Section by any mechanism that is expeditious, ensures
436436 6 accountability, and safeguards the integrity of the Fund.
437437 7 (h) The candidate or committee shall deposit all revenues
438438 8 from the Fund in a campaign account with a bank or other
439439 9 financial institution. The campaign funds must be segregated
440440 10 from, and may not be commingled with, any other funds.
441441 11 (i) By July 1, 2024 and at least every 4 years after that
442442 12 date, the State Board shall determine the amount of funds to be
443443 13 distributed to participating candidates based on the type of
444444 14 election and office as follows:
445445 15 (1) For contested legislative primary elections, the
446446 16 amount of revenues to be distributed is the average amount
447447 17 of campaign expenditures made by each candidate during all
448448 18 contested primary election races for the immediately
449449 19 preceding 2 primary elections, as reported in the initial
450450 20 filing period subsequent to the primary election, for the
451451 21 respective offices of State Senate and State House of
452452 22 Representatives.
453453 23 (2) For uncontested legislative primary elections, the
454454 24 amount of revenues distributed is the average amount of
455455 25 campaign expenditures made by each candidate during all
456456 26 uncontested primary election races for the immediately
457457
458458
459459
460460
461461
462462 SB2127 - 12 - LRB103 28347 BMS 54726 b
463463
464464
465465 SB2127- 13 -LRB103 28347 BMS 54726 b SB2127 - 13 - LRB103 28347 BMS 54726 b
466466 SB2127 - 13 - LRB103 28347 BMS 54726 b
467467 1 preceding 2 primary elections, as reported in the initial
468468 2 filing period subsequent to the primary election, for the
469469 3 respective offices of State Senate and State House of
470470 4 Representatives.
471471 5 (3) For contested legislative general elections, the
472472 6 amount of revenues distributed is the average amount of
473473 7 campaign expenditures made by each candidate during all
474474 8 contested general election races for the immediately
475475 9 preceding 2 general elections, as reported in the initial
476476 10 filing period subsequent to the general election, for the
477477 11 respective offices of State Senate and State House of
478478 12 Representatives.
479479 13 (4) For uncontested legislative general elections, the
480480 14 amount of revenues to be distributed from the Fund is 40%
481481 15 of the amount distributed to a participating candidate in
482482 16 a contested general election.
483483 17 (5) For gubernatorial primary elections, the amount of
484484 18 revenues distributed is $2,000,000 per candidate in the
485485 19 primary election.
486486 20 (6) For gubernatorial general elections, the amount of
487487 21 revenues distributed is $4,000,000 per candidate in the
488488 22 general election.
489489 23 (7) For contested primary elections for Attorney
490490 24 General the amount of revenues distributed per candidate
491491 25 is $500,000 per candidate.
492492 26 (8) For the general election for Attorney General, the
493493
494494
495495
496496
497497
498498 SB2127 - 13 - LRB103 28347 BMS 54726 b
499499
500500
501501 SB2127- 14 -LRB103 28347 BMS 54726 b SB2127 - 14 - LRB103 28347 BMS 54726 b
502502 SB2127 - 14 - LRB103 28347 BMS 54726 b
503503 1 amount of funds distributed per candidate is $2,000,000.
504504 2 (9) For primary elections for Secretary of State the
505505 3 amount of revenues distributed per candidate is $500,000
506506 4 per candidate.
507507 5 (10) For the general election for Secretary of State,
508508 6 the amount of funds distributed per candidate is
509509 7 $2,000,000.
510510 8 (11) For contested primary elections for State
511511 9 Treasurer, the amount of revenues distributed per
512512 10 candidate is $200,000.
513513 11 (12) For the general election for State Treasurer, the
514514 12 amount of funds distributed per candidate is $800,000.
515515 13 (13) For contested primary elections for State
516516 14 Comptroller, the amount of revenues distributed per
517517 15 candidate is $200,000.
518518 16 (14) For the general election for State Comptroller,
519519 17 the amount of funds distributed per candidate is $800,000.
520520 18 (15) For any uncontested primary or general election
521521 19 for the office of Governor, Attorney General, Secretary of
522522 20 State, State Treasurer, or Comptroller, the amount of
523523 21 funds distributed shall be 40% of those otherwise
524524 22 distributed in a contested primary or general election.
525525 23 If the immediately preceding election cycles do not
526526 24 contain sufficient electoral data, the State Board shall use
527527 25 information from the most recent applicable elections.
528528 26 (j) When any campaign, finance, or election report shows
529529
530530
531531
532532
533533
534534 SB2127 - 14 - LRB103 28347 BMS 54726 b
535535
536536
537537 SB2127- 15 -LRB103 28347 BMS 54726 b SB2127 - 15 - LRB103 28347 BMS 54726 b
538538 SB2127 - 15 - LRB103 28347 BMS 54726 b
539539 1 that the sum of a candidate's expenditures or obligations, or
540540 2 funds raised or borrowed, whichever is greater, alone or in
541541 3 conjunction with independent reported expenditures, exceeds
542542 4 the distribution amount under subsection (h) of this Section,
543543 5 the State Board shall issue immediately to any opposing
544544 6 Illinois Clean Elections Act candidate an additional amount
545545 7 equivalent to the reported excess. Matching funds are limited
546546 8 to 2 times the amount originally distributed under paragraph
547547 9 (1), (3), (5), or (6) of subsection (h) of this Section,
548548 10 whichever is applicable.
549549 11 (k) An unenrolled candidate certified by January 15
550550 12 preceding the primary election is eligible for revenues from
551551 13 the Fund in the same amounts and at the same time as an
552552 14 uncontested primary election candidate and a general election
553553 15 candidate as specified in subsections (g) and (h) of this
554554 16 Section. For an unenrolled candidate not certified by January
555555 17 15 at 5:00 p.m. the deadline for filing qualifying
556556 18 contributions is 5:00 p.m. on June 2 preceding the general
557557 19 election. An unenrolled candidate certified after January 15
558558 20 at 5:00 p.m. is eligible for revenues from the Fund in the same
559559 21 amounts as a general election candidate, as specified in
560560 22 subsections (g) and (h) of this Section.
561561 23 (l) The State Board shall establish by rule procedures for
562562 24 qualification, certification, disbursement of Fund revenues,
563563 25 and return of unspent Fund revenues for races involving
564564 26 special elections, recounts, vacancies, withdrawals, or
565565
566566
567567
568568
569569
570570 SB2127 - 15 - LRB103 28347 BMS 54726 b
571571
572572
573573 SB2127- 16 -LRB103 28347 BMS 54726 b SB2127 - 16 - LRB103 28347 BMS 54726 b
574574 SB2127 - 16 - LRB103 28347 BMS 54726 b
575575 1 replacement candidates.
576576 2 (m) Notwithstanding any other provision of law,
577577 3 participating and certified candidates shall report any money
578578 4 collected, all campaign expenditures, obligations, and related
579579 5 activities to the State Board according to procedures
580580 6 developed by the State Board. Upon the filing of a final report
581581 7 for any primary election in which the candidate was defeated
582582 8 and for all general elections that candidate shall return all
583583 9 unspent Fund revenues to the State Board. In developing these
584584 10 procedures, the State Board shall utilize existing campaign
585585 11 reporting procedures whenever practicable. The State Board
586586 12 shall ensure timely public access to campaign finance data and
587587 13 may utilize electronic means of reporting and storing
588588 14 information.
589589 15 (n) The treasurer shall obtain and keep:
590590 16 (1) Bank or other account statements for the campaign
591591 17 account covering the duration of the campaign.
592592 18 (2) A vendor invoice stating the particular goods or
593593 19 services purchased for every expenditure of $50 or more.
594594 20 (3) A record proving that a vendor received payment
595595 21 for every expenditure of $50 or more in the form of a
596596 22 cancelled check, receipt from the vendor, or bank or
597597 23 credit card statement identifying the vendor as the payee.
598598 24 The treasurer shall preserve the records for 2 years
599599 25 following the candidate's final campaign finance report for
600600 26 the election cycle. The candidate and treasurer shall submit
601601
602602
603603
604604
605605
606606 SB2127 - 16 - LRB103 28347 BMS 54726 b
607607
608608
609609 SB2127- 17 -LRB103 28347 BMS 54726 b SB2127 - 17 - LRB103 28347 BMS 54726 b
610610 SB2127 - 17 - LRB103 28347 BMS 54726 b
611611 1 photocopies of the records to the State Board upon its
612612 2 request.
613613 3 (o) The State Board may not distribute revenues to
614614 4 certified candidates in excess of the total amount of money
615615 5 deposited into the Fund as set forth in Section 15.
616616 6 Notwithstanding any other provisions of this Act, if the State
617617 7 Board determines that the revenues in the Fund are
618618 8 insufficient to meet distributions under subsections (h) or
619619 9 (i) of this Section, the State Board may permit certified
620620 10 candidates to accept and spend contributions, reduced by any
621621 11 seed money contributions, aggregating no more than $500 per
622622 12 donor per election for gubernatorial candidates and $250 per
623623 13 donor per election for State Senate and State House
624624 14 candidates, up to the applicable amounts set forth in
625625 15 subsections (h) and (i) of this Section according to rules
626626 16 adopted by the State Board.
627627 17 (p) A candidate who has been denied certification as an
628628 18 Illinois Clean Elections Act candidate, the opponent of a
629629 19 candidate who has been granted certification as an Illinois
630630 20 Clean Elections Act candidate, or other interested persons may
631631 21 challenge a certification decision by the State Board as
632632 22 follows:
633633 23 (1) A challenger may appeal to the full State Board
634634 24 within 7 days after the certification decision. The appeal
635635 25 must be in writing and must set forth the reasons for the
636636 26 appeal.
637637
638638
639639
640640
641641
642642 SB2127 - 17 - LRB103 28347 BMS 54726 b
643643
644644
645645 SB2127- 18 -LRB103 28347 BMS 54726 b SB2127 - 18 - LRB103 28347 BMS 54726 b
646646 SB2127 - 18 - LRB103 28347 BMS 54726 b
647647 1 (2) Within 5 days after an appeal is properly made and
648648 2 after notice is given to the challenger and any opponent,
649649 3 the State Board shall hold a hearing. The appellant has
650650 4 the burden of providing evidence to demonstrate that the
651651 5 State Board decision was improper. The State Board must
652652 6 rule on the appeal within 3 days after the completion of
653653 7 the hearing.
654654 8 (3) A challenger may appeal the decision of the State
655655 9 Board in paragraph (2) of this subsection by commencing an
656656 10 action in circuit court.
657657 11 (4) A candidate whose certification by the State Board
658658 12 as an Illinois Clean Elections Act candidate is revoked on
659659 13 appeal must return to the State Board any unspent revenues
660660 14 distributed from the Fund.
661661 15 If the State Board or court finds that an appeal was made
662662 16 frivolously or to cause delay or hardship, the State Board or
663663 17 court may require the moving party to pay costs of the State
664664 18 Board, court, and opposing parties, if any.
665665 19 Section 25. Rules. The State Board shall adopt rules to
666666 20 ensure effective administration of this Act. These rules must
667667 21 include but must not be limited to procedures for obtaining
668668 22 qualifying contributions, certification as an Illinois Clean
669669 23 Elections Act candidate, circumstances involving special
670670 24 elections, vacancies, recounts, withdrawals or replacements,
671671 25 collection of revenues for the Fund, distribution of Fund
672672
673673
674674
675675
676676
677677 SB2127 - 18 - LRB103 28347 BMS 54726 b
678678
679679
680680 SB2127- 19 -LRB103 28347 BMS 54726 b SB2127 - 19 - LRB103 28347 BMS 54726 b
681681 SB2127 - 19 - LRB103 28347 BMS 54726 b
682682 1 revenue to certified candidates, return of unspent Fund
683683 2 disbursements, disposition of equipment purchased with Clean
684684 3 Elections Funds, and compliance with this Act.
685685 4 Section 30. Violations.
686686 5 (a) In addition to any other penalties that may be
687687 6 applicable, a person who violates any provision of this Act or
688688 7 rules of the State Board adopted pursuant to Section 25 of this
689689 8 Act is subject to a fine not to exceed $10,000 per violation
690690 9 payable to the Fund. The State Board may assess a fine of up to
691691 10 $10,000 for a violation of reporting requirements if it
692692 11 determines that the failure to file a timely and accurate
693693 12 report resulted in the late payment of matching funds. This
694694 13 fine is recoverable in a civil action. In addition to any fine,
695695 14 for good cause shown, a candidate, treasurer, consultant, or
696696 15 other agent of the candidate or the committee authorized by
697697 16 the candidate found in violation of this Act or rules of the
698698 17 State Board may be required to return to the Fund all amounts
699699 18 distributed to the candidate from the Fund or any funds not
700700 19 used for campaign-related purposes. If the State Board makes a
701701 20 determination that a violation of this Act or rules of the
702702 21 State Board has occurred, the State Board shall assess a fine
703703 22 or transmit the finding to the Attorney General for
704704 23 prosecution. Fines paid under this Section must be deposited
705705 24 into the Fund. In determining whether or not a candidate is in
706706 25 violation of the expenditure limits of this Act, the State
707707
708708
709709
710710
711711
712712 SB2127 - 19 - LRB103 28347 BMS 54726 b
713713
714714
715715 SB2127- 20 -LRB103 28347 BMS 54726 b SB2127 - 20 - LRB103 28347 BMS 54726 b
716716 SB2127 - 20 - LRB103 28347 BMS 54726 b
717717 1 Board may consider as a mitigating factor any circumstances
718718 2 out of the candidate's control.
719719 3 (b) A person who willfully or knowingly violates this Act
720720 4 or rules of the State Board or who willfully or knowingly makes
721721 5 a false statement in any report required by this Act commits a
722722 6 business offense punishable by a fine of at least $1,001 and
723723 7 not more than $5,000 and, if certified as an Illinois Clean
724724 8 Elections Act candidate, must return to the Fund all amounts
725725 9 distributed to the candidate.
726726 10 Section 35. Study report. By January 30, 2025 and every 4
727727 11 years after that date, the State Board shall prepare for the
728728 12 General Assembly a report documenting, evaluating, and making
729729 13 recommendations relating to the administration,
730730 14 implementation, and enforcement of this Act and the Illinois
731731 15 Clean Elections Fund.
732732 16 Section 90. The State Finance Act is amended by adding
733733 17 Section 5.990 as follows:
734734 18 (30 ILCS 105/5.990 new)
735735 19 Sec. 5.990. The Illinois Clean Elections Fund.
736736 20 Section 95. The Illinois Income Tax Act is amended by
737737 21 adding Section 507MMM as follows:
738738
739739
740740
741741
742742
743743 SB2127 - 20 - LRB103 28347 BMS 54726 b
744744
745745
746746 SB2127- 21 -LRB103 28347 BMS 54726 b SB2127 - 21 - LRB103 28347 BMS 54726 b
747747 SB2127 - 21 - LRB103 28347 BMS 54726 b
748748 1 (35 ILCS 5/507MMM new)
749749 2 Sec. 507MMM. The Illinois Clean Elections Fund checkoff.
750750 3 For taxable years ending on or after December 31, 2023, the
751751 4 Department must print on its standard individual income tax
752752 5 form a provision indicating that if the taxpayer wishes to
753753 6 contribute to the Illinois Clean Elections Fund, as authorized
754754 7 by the Illinois Clean Elections Act, he or she may do so by
755755 8 stating the amount of the contribution (not less than $3) on
756756 9 the return and that the contribution will reduce the
757757 10 taxpayer's refund or increase the amount of payment to
758758 11 accompany the return. Failure to remit any amount of increased
759759 12 payment shall reduce the contribution accordingly. This
760760 13 Section does not apply to any amended return.
761761 14 Section 99. Effective date. This Act takes effect upon
762762 15 becoming law.
763763
764764
765765
766766
767767
768768 SB2127 - 21 - LRB103 28347 BMS 54726 b