Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2360 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act10 ILCS 5/Art. 7B heading new10 ILCS 5/7B-5 new10 ILCS 5/7B-10 new10 ILCS 5/7B-15 new10 ILCS 5/7B-25 new10 ILCS 5/7B-30 new10 ILCS 5/7B-35 new10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.530 ILCS 105/5.990 new35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025. LRB103 28352 BMS 54732 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2360 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act10 ILCS 5/Art. 7B heading new10 ILCS 5/7B-5 new10 ILCS 5/7B-10 new10 ILCS 5/7B-15 new10 ILCS 5/7B-25 new10 ILCS 5/7B-30 new10 ILCS 5/7B-35 new10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.530 ILCS 105/5.990 new35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new New Act 10 ILCS 5/Art. 7B heading new 10 ILCS 5/7B-5 new 10 ILCS 5/7B-10 new 10 ILCS 5/7B-15 new 10 ILCS 5/7B-25 new 10 ILCS 5/7B-30 new 10 ILCS 5/7B-35 new 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 30 ILCS 105/5.990 new 35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025. LRB103 28352 BMS 54732 b LRB103 28352 BMS 54732 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2360 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3	3	New Act10 ILCS 5/Art. 7B heading new10 ILCS 5/7B-5 new10 ILCS 5/7B-10 new10 ILCS 5/7B-15 new10 ILCS 5/7B-25 new10 ILCS 5/7B-30 new10 ILCS 5/7B-35 new10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.530 ILCS 105/5.990 new35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new New Act 10 ILCS 5/Art. 7B heading new 10 ILCS 5/7B-5 new 10 ILCS 5/7B-10 new 10 ILCS 5/7B-15 new 10 ILCS 5/7B-25 new 10 ILCS 5/7B-30 new 10 ILCS 5/7B-35 new 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 30 ILCS 105/5.990 new 35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new
4	4	New Act
5	5	10 ILCS 5/Art. 7B heading new
6	6	10 ILCS 5/7B-5 new
7	7	10 ILCS 5/7B-10 new
8	8	10 ILCS 5/7B-15 new
9	9	10 ILCS 5/7B-25 new
10	10	10 ILCS 5/7B-30 new
11	11	10 ILCS 5/7B-35 new
12	12	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
13	13	30 ILCS 105/5.990 new
14	14	35 ILCS 5/506.7 new
15	15	35 ILCS 5/509 from Ch. 120, par. 5-509
16	16	705 ILCS 105/27.15 new
17	17	Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025.
18	18	LRB103 28352 BMS 54732 b LRB103 28352 BMS 54732 b
19	19	LRB103 28352 BMS 54732 b
20	20	A BILL FOR
21	21	SB2360LRB103 28352 BMS 54732 b SB2360 LRB103 28352 BMS 54732 b
22	22	SB2360 LRB103 28352 BMS 54732 b
23	23	1 AN ACT concerning judicial elections.
24	24	2 Be it enacted by the People of the State of Illinois,
25	25	3 represented in the General Assembly:
26	26	4 Section 1. Short title. This Act may be cited as the
27	27	5 Judicial Campaign Reform Act.
28	28	6 Section 5. Definitions. In this Act:
29	29	7 "Allowable contribution" means a qualifying contribution,
30	30	8 a seed money contribution, or a personal contribution
31	31	9 authorized by this Act.
32	32	10 "Board" or "State Board" means the State Board of
33	33	11 Elections.
34	34	12 "Candidate" means any person seeking election to the
35	35	13 office of Judge of the Illinois Supreme Court or Judge of the
36	36	14 Illinois Appellate Court.
37	37	15 "Campaign" includes the primary election campaign period
38	38	16 and the general election campaign period.
39	39	17 "General election campaign period" means the period
40	40	18 beginning on the day after the general primary election and
41	41	19 ending on the day of the general election.
42	42	20 "Electioneering communication expenditure" means an
43	43	21 expenditure for electioneering communications as that term is
44	44	22 defined in Article 9 of the Election Code.
45	45	23 "Eligible candidate" means a candidate who qualifies for
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48	48
49	49	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2360 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
50	50	New Act10 ILCS 5/Art. 7B heading new10 ILCS 5/7B-5 new10 ILCS 5/7B-10 new10 ILCS 5/7B-15 new10 ILCS 5/7B-25 new10 ILCS 5/7B-30 new10 ILCS 5/7B-35 new10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.530 ILCS 105/5.990 new35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new New Act 10 ILCS 5/Art. 7B heading new 10 ILCS 5/7B-5 new 10 ILCS 5/7B-10 new 10 ILCS 5/7B-15 new 10 ILCS 5/7B-25 new 10 ILCS 5/7B-30 new 10 ILCS 5/7B-35 new 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 30 ILCS 105/5.990 new 35 ILCS 5/506.7 new 35 ILCS 5/509 from Ch. 120, par. 5-509 705 ILCS 105/27.15 new
51	51	New Act
52	52	10 ILCS 5/Art. 7B heading new
53	53	10 ILCS 5/7B-5 new
54	54	10 ILCS 5/7B-10 new
55	55	10 ILCS 5/7B-15 new
56	56	10 ILCS 5/7B-25 new
57	57	10 ILCS 5/7B-30 new
58	58	10 ILCS 5/7B-35 new
59	59	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
60	60	30 ILCS 105/5.990 new
61	61	35 ILCS 5/506.7 new
62	62	35 ILCS 5/509 from Ch. 120, par. 5-509
63	63	705 ILCS 105/27.15 new
64	64	Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025.
65	65	LRB103 28352 BMS 54732 b LRB103 28352 BMS 54732 b
66	66	LRB103 28352 BMS 54732 b
67	67	A BILL FOR
68	68
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73	73	New Act
74	74	10 ILCS 5/Art. 7B heading new
75	75	10 ILCS 5/7B-5 new
76	76	10 ILCS 5/7B-10 new
77	77	10 ILCS 5/7B-15 new
78	78	10 ILCS 5/7B-25 new
79	79	10 ILCS 5/7B-30 new
80	80	10 ILCS 5/7B-35 new
81	81	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
82	82	30 ILCS 105/5.990 new
83	83	35 ILCS 5/506.7 new
84	84	35 ILCS 5/509 from Ch. 120, par. 5-509
85	85	705 ILCS 105/27.15 new
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104	104	1 public financing by collecting the required number of
105	105	2 qualifying contributions, making all required reports and
106	106	3 disclosures, and being certified by the State Board as being
107	107	4 in compliance with this Act.
108	108	5 "Excess expenditure amount" means the amount of
109	109	6 expenditures made by a nonparticipating candidate in excess of
110	110	7 the public financing benefit available to an eligible
111	111	8 candidate for the same office that the nonparticipating
112	112	9 candidate seeks.
113	113	10 "Excess qualifying contribution amount" means the amount
114	114	11 of qualifying contributions accepted by a candidate beyond the
115	115	12 number or dollar amount of contributions required to qualify a
116	116	13 candidate for a public financing benefit.
117	117	14 "Exploratory period" means the period that begins one year
118	118	15 before the general primary election date and ends on the day
119	119	16 before the beginning of the primary election campaign.
120	120	17 "Fair election debit card" means a debit card issued by
121	121	18 the State Treasurer in accordance with Section 65 entitling a
122	122	19 candidate and agents of the candidate designated by the
123	123	20 candidate to draw money from an account maintained by the
124	124	21 State Treasurer to make expenditures authorized by law.
125	125	22 "Illinois Judicial Election Democracy Trust Fund" means a
126	126	23 special fund created in the State treasury and to be used,
127	127	24 subject to appropriation, by the State Board of Elections for
128	128	25 the funding of campaigns for participating candidates.
129	129	26 "Immediate family", when used with reference to a
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140	140	1 candidate, includes the candidate's spouse, parents, and
141	141	2 children.
142	142	3 "Independent expenditure" means an expenditure by a person
143	143	4 expressly advocating the election or defeat of a clearly
144	144	5 identified candidate that is made without cooperation or
145	145	6 consultation with a candidate, or any political committee or
146	146	7 agent of a candidate, and that is not made in concert with, or
147	147	8 at the request or suggestion of, any candidate or any
148	148	9 political committee or agent of a candidate.
149	149	10 "Nonparticipating candidate" means a candidate who does
150	150	11 not apply for a public financing benefit or who otherwise is
151	151	12 ineligible or fails to qualify for a public financing benefit
152	152	13 under this Act.
153	153	14 "Personal funds" means funds contributed by a candidate or
154	154	15 a member of a candidate's immediate family.
155	155	16 "Primary election campaign period" means the period
156	156	17 beginning 30 days after the last day prescribed by law for
157	157	18 filing nomination papers and ending on the day of the general
158	158	19 primary election.
159	159	20 "Public financing qualifying period" means the period
160	160	21 beginning on July 1 of an odd-numbered year and ending on the
161	161	22 day before the beginning of the primary election campaign
162	162	23 period for the office of Judge of the Illinois Supreme Court or
163	163	24 Judge of the Illinois Appellate Court.
164	164	25 "Qualifying contribution" means a contribution between $5
165	165	26 and $25 to a candidate made by a resident, at least 18 years
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176	176	1 old, of the district in which the candidate seeks office and
177	177	2 made during the public financing qualifying period that is
178	178	3 acknowledged by written receipt identifying the contributor.
179	179	4 An individual may make only one qualifying contribution per
180	180	5 candidate.
181	181	6 "Qualifying report" is a list of all individual qualifying
182	182	7 contributions.
183	183	8 "Seed money contribution" means a contribution in an
184	184	9 amount of not more than $100 made to a candidate during the
185	185	10 exploratory period or the public financing qualifying period
186	186	11 or a contribution made to a candidate consisting of personal
187	187	12 funds of that candidate in an amount not more than the amount
188	188	13 authorized under Section 30 during the exploratory period or
189	189	14 the public financing qualifying period.
190	190	15 Section 10. Qualification; certification.
191	191	16 (a) Before a candidate for nomination in the general
192	192	17 primary election may be certified as an eligible candidate to
193	193	18 receive a public financing benefit for the primary election
194	194	19 campaign period, the candidate must apply to the State Board
195	195	20 for a public financing benefit and file a sworn statement that
196	196	21 the candidate has complied and will comply with all
197	197	22 requirements of this Act throughout the applicable campaign,
198	198	23 including the general primary election and the general
199	199	24 election. A candidate must file the application and statement
200	200	25 no later than the beginning of the primary election campaign.
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211	211	1 (b) The Board shall certify a candidate as an eligible
212	212	2 candidate for receipt of public financing for a primary
213	213	3 election if the candidate complies with subsection (a) and
214	214	4 receives a number of qualifying contributions at least equal
215	215	5 to 0.15% of the number of ballots cast in the judicial district
216	216	6 in the last gubernatorial election from individual qualifying
217	217	7 contributors before the close of the public financing
218	218	8 qualifying period. The State Board may require candidates to
219	219	9 file lists of qualifying contributions in electronic format.
220	220	10 If so required, the State Board shall either (i) provide,
221	221	11 without charge, all software necessary to comply with this
222	222	12 requirement or (ii) ensure that the necessary software is
223	223	13 commonly available to the public at minimal cost.
224	224	14 (c) The State Board shall verify a candidate's compliance
225	225	15 with the requirements of subsection (b) by any verification
226	226	16 and sampling techniques that the State Board considers
227	227	17 appropriate.
228	228	18 (d) Each candidate shall acknowledge each qualifying
229	229	19 contribution by a receipt to the contributor that contains the
230	230	20 contributor's name and home address. A candidate shall file a
231	231	21 qualifying report with the State Board of Elections.
232	232	22 (e) A qualifying contribution may be used only for the
233	233	23 purpose of making an expenditure authorized by law.
234	234	24 Section 15. Time of application; general election.
235	235	25 (a) Before a candidate may be certified as eligible for
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246	246	1 receipt of public financing for a general election, the
247	247	2 candidate must apply to the Board and file a sworn statement
248	248	3 that the candidate has fulfilled all the requirements of this
249	249	4 Act during the primary election campaign period, has won the
250	250	5 nomination in the general primary, and will comply with the
251	251	6 requirements of this Act during the general election campaign
252	252	7 period. The application must be filed no later than the 7th day
253	253	8 after the date of the general primary election.
254	254	9 (b) The Board shall certify a candidate as an eligible
255	255	10 candidate for receipt of public financing for a general
256	256	11 election campaign period if the candidate complies with
257	257	12 subsection (a) and the candidate was an eligible candidate
258	258	13 during the primary election campaign period.
259	259	14 (c) If more than one candidate files an application for
260	260	15 the general election, the Board shall accept applications from
261	261	16 all candidates who comply with subsection (a) but shall
262	262	17 postpone the declaration of eligibility for the general
263	263	18 election until after the general primary results are
264	264	19 certified. After the results have been certified, if the
265	265	20 nominee filed an application under subsection (a), the Board
266	266	21 shall declare that candidate eligible for the general
267	267	22 election.
268	268	23 Section 20. Agreement by candidate. An eligible candidate
269	269	24 who accepts a public financing benefit under this Act during
270	270	25 the primary election campaign period must agree to comply with
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281	281	1 all requirements of this Act throughout the general election
282	282	2 campaign period as a precondition to receipt of public
283	283	3 financing. An eligible candidate who accepts a public
284	284	4 financing benefit during a primary election campaign period
285	285	5 may not elect to accept private contributions in violation of
286	286	6 this Act during the corresponding general election campaign
287	287	7 period.
288	288	8 Section 25. Requirements placed upon eligible candidates.
289	289	9 (a) An eligible candidate may not accept private
290	290	10 contributions other than seed money contributions and
291	291	11 qualifying contributions.
292	292	12 (b) In addition to reports required to be filed under the
293	293	13 Election Code, a candidate who receives a public financing
294	294	14 benefit must furnish complete financial records, including
295	295	15 records of seed money contributions, qualifying contributions,
296	296	16 and expenditures on the last day of each month.
297	297	17 (c) In addition to adhering to requirements imposed under
298	298	18 the Election Code, a candidate who receives a public financing
299	299	19 benefit must maintain records of all contributions of at least
300	300	20 $5, including seed money contributions and qualifying
301	301	21 contributions. These records shall contain the full name of
302	302	22 the contributor and the contributor's full home address.
303	303	23 (d) The failure to record or provide the information
304	304	24 specified in subsection (c) disqualifies a contribution from
305	305	25 counting as a qualifying contribution.
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316	316	1 (e) No eligible candidate and no person acting on a
317	317	2 candidate's behalf may accept any contribution that is not
318	318	3 recorded in accordance with subsection (c) in a candidate's
319	319	4 campaign account.
320	320	5 (f) No eligible candidate may accept more than $25 in cash
321	321	6 from any contributor.
322	322	7 Section 30. Personal funds of candidates.
323	323	8 (a) The personal funds of an eligible candidate
324	324	9 contributed as seed money contributions may not exceed an
325	325	10 aggregate amount of $10,000. For the purpose of this Section,
326	326	11 "personal funds" includes funds from the candidate's immediate
327	327	12 family.
328	328	13 (b) No eligible candidate may make any expenditure derived
329	329	14 from personal funds after the close of the public financing
330	330	15 qualifying period.
331	331	16 (c) Eligible candidates shall not loan personal funds to
332	332	17 their campaign.
333	333	18 Section 35. Seed money contributions.
334	334	19 (a) An eligible candidate may accept seed money
335	335	20 contributions from any individual or political committee
336	336	21 before the end of the public financing qualifying period, so
337	337	22 long as the total contributions from one contributor, except
338	338	23 personal funds and qualifying contributions otherwise
339	339	24 permitted under this Act, do not exceed $100 and the aggregate
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350	350	1 contributions, including personal funds, but not including
351	351	2 qualifying contributions, do not exceed $30,000.
352	352	3 (b) An eligible candidate shall make expenditures from
353	353	4 seed money contributions only during the exploratory period
354	354	5 and the public financing qualifying period.
355	355	6 Section 40. Excess contributions. An amount equivalent to
356	356	7 the excess contributions shall be deducted by the Board from
357	357	8 the candidate's public financing benefit. A candidate shall
358	358	9 return to the Board all seed money and personal contributions,
359	359	10 including in-kind contributions, that exceed the limits
360	360	11 prescribed in Section 35 within 48 hours after the end of the
361	361	12 exploratory period. The Board shall deposit all contributions
362	362	13 returned under this Section into the Illinois Judicial
363	363	14 Election Democracy Trust Fund.
364	364	15 Section 45. Certification by candidate; line of credit.
365	365	16 (a) To apply for a public financing benefit, a candidate
366	366	17 must certify to the State Board that the candidate has
367	367	18 complied and will comply, throughout the applicable campaign,
368	368	19 with all requirements of this Act and that all disclosures
369	369	20 required at the time of application have been made. The
370	370	21 candidate must present evidence of the requisite number of
371	371	22 qualifying contributions received by the candidate. The
372	372	23 candidate's request for certification must be signed by the
373	373	24 candidate and the treasurer of the candidate's political
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384	384	1 committee.
385	385	2 (b) The Board shall distribute to each eligible candidate
386	386	3 at the general primary election a line of credit for public
387	387	4 financing promptly after the candidate demonstrates his or her
388	388	5 eligibility and, in any event, not later than 5 days after the
389	389	6 end of the public financing qualifying period; however, no
390	390	7 candidate may use a line of credit distributed under this
391	391	8 subsection until the beginning of the primary election
392	392	9 campaign period.
393	393	10 (c) The Board must distribute to each eligible candidate
394	394	11 in the general election a line of credit for public financing
395	395	12 not later than the earlier of (i) 48 hours after the official
396	396	13 canvass and proclamation under Section 22-7 of the Election
397	397	14 Code or (ii) 21 days after the date of the general primary
398	398	15 election. No candidate may receive a line of credit until all
399	399	16 candidates for Judge of the Illinois Supreme Court who apply
400	400	17 and qualify for a public financing benefit have been certified
401	401	18 as eligible candidates.
402	402	19 (d) If any candidate who receives a public financing
403	403	20 benefit violates the requirements of this Act, the candidate
404	404	21 shall be subject to the penalties and enforcement outlined in
405	405	22 Section 70. The Board shall deposit all repayments received
406	406	23 under this subsection into the Illinois Judicial Election
407	407	24 Democracy Trust Fund.
408	408	25 Section 50. Public financing benefits.
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419	419	1 (a) The State Board must provide to each eligible
420	420	2 candidate who qualifies to receive a public financing benefit
421	421	3 for the primary or general election campaign period separate
422	422	4 lines of credit for the primary and general election campaign
423	423	5 periods in the amounts specified in this Section subject to
424	424	6 any required adjustment under Section 40, 55, 60, or 80. An
425	425	7 eligible candidate may use this credit to finance any lawful
426	426	8 expenditures during the primary and general election campaign
427	427	9 periods. An eligible candidate may not use this credit to
428	428	10 repay any loan in violation of this Act or any other applicable
429	429	11 law.
430	430	12 (b)(1) The total public financing benefit available to
431	431	13 eligible candidates for the office of Judge of the
432	432	14 Illinois Supreme Court for the primary and general
433	433	15 elections shall be $750,000, subject to adjustment by
434	434	16 subsection (e) of this Section.
435	435	17 (2) The total public financing benefit available to
436	436	18 eligible candidates for the office of Judge of the
437	437	19 Illinois Appellate Court for the primary and general
438	438	20 elections shall be $250,000, subject to adjustment by
439	439	21 subsection (e) of this Section.
440	440	22 (c) Matching funds that become available due to Section 55
441	441	23 or Section 60 are not counted toward the public financing
442	442	24 benefit. Eligible candidates may decide the allocation of
443	443	25 their benefit between the primary election campaign period and
444	444	26 the general election campaign period, however, no candidate
445	445
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455	455	1 may allocate less than 20% or more than 80% during the primary
456	456	2 election campaign period, nor may a candidate allocate more
457	457	3 than 80% during the general election campaign period. Any
458	458	4 portion of the benefit allocated but unspent or uncommitted
459	459	5 for expenses at the close of the primary election campaign
460	460	6 period is forfeited and may not be spent during the general
461	461	7 election campaign period.
462	462	8 (d)(1) An eligible candidate who is unopposed, other
463	463	9 than by write-in candidates, in a primary election shall
464	464	10 receive a public financing allocation of $50,000 for the
465	465	11 primary election campaign period.
466	466	12 (2) Instead of the benefit in subsection (b), an
467	467	13 eligible candidate who is unopposed, other than by
468	468	14 write-in candidates, in a general election shall receive a
469	469	15 public financing allocation of $75,000 for the general
470	470	16 election campaign period.
471	471	17 (e) Beginning on April 1, 2009 and every 2 years
472	472	18 thereafter, the Board shall modify the public financing
473	473	19 benefits provided for in subsection (b) to adjust for the
474	474	20 change in the Consumer Price Index, All Items, U. S. City
475	475	21 Average, published by the United States Department of Labor
476	476	22 for the preceding 2-year period ending on December 31.
477	477	23 Section 55. Reports on financial activity.
478	478	24 (a) In addition to other reports required by law, all
479	479	25 candidates in the general primary election or the general
480	480
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486	486
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490	490	1 election who receive contributions or make or obligate to make
491	491	2 expenditures in an amount more than 5% greater than the public
492	492	3 financing benefit applicable to an eligible candidate for the
493	493	4 same office shall file a report with the Board itemizing the
494	494	5 total contributions received and expenditures made or
495	495	6 obligated to be made by the candidate as of the date of the
496	496	7 report. The Board shall transmit copies of the report to all
497	497	8 candidates for that office and make the report available to
498	498	9 the public in the manner of semi-annual disclosure reports.
499	499	10 After filing that initial report, the candidate shall file
500	500	11 additional reports after the candidate makes or obligates to
501	501	12 make each additional $1,000 of expenditures. If the
502	502	13 contributions are received or the expenditures are made or
503	503	14 obligated to be made more than 6 weeks before the date of the
504	504	15 general primary election or general election at which the name
505	505	16 of the candidate appears on the ballot, the reports must be
506	506	17 made by the date 6 weeks before the next election. If the
507	507	18 contributions are received or the expenditures are made or
508	508	19 obligated to be made within 6 weeks before the date of the
509	509	20 general primary election or general election at which the name
510	510	21 of the candidate appears on the ballot, the reports must be
511	511	22 made within 24 hours after each instance in which a
512	512	23 contribution is received or an expenditure is made or
513	513	24 obligated to be made.
514	514	25 (b) Upon receipt of the information, the Board shall
515	515	26 immediately notify all opposing eligible candidates. If an
516	516
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526	526	1 opposing candidate makes expenditures or becomes obligated to
527	527	2 make expenditures that exceed the public financing benefit, an
528	528	3 eligible candidate may request matching funds up to the amount
529	529	4 by which the expenditures or obligations of the opposing
530	530	5 candidate exceed the public financing benefit. If an eligible
531	531	6 candidate requests these matching funds, the Board shall
532	532	7 immediately credit his or her account with an additional line
533	533	8 of credit equivalent to the request, however, the sum total of
534	534	9 matching funds credited to the candidate in the primary
535	535	10 election campaign period and the general election campaign
536	536	11 period for independent expenditures, electioneering
537	537	12 communication expenses under Section 60, and nonparticipating
538	538	13 expenses may not exceed the value of the public financing
539	539	14 benefit. Any matching funds requested but not spent or
540	540	15 committed at the conclusion of the primary election campaign
541	541	16 period are forfeited and may not be spent during the general
542	542	17 election campaign period.
543	543	18 Section 60. Independent expenditures and electioneering
544	544	19 communications.
545	545	20 (a) If any person makes, or becomes obligated to make, by
546	546	21 oral or written agreement an independent expenditure or
547	547	22 electioneering communications in excess of $3,000 with respect
548	548	23 to a candidate in a general primary or general election, that
549	549	24 person shall file with the Board a notice of such expenditure
550	550	25 or obligation to make such an expenditure. Any such person
551	551
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561	561	1 must file reports of the expenditures or obligations to make
562	562	2 the expenditures on the last day of the month that immediately
563	563	3 follows the date of the expenditure or the obligation to make
564	564	4 the expenditure, except that, within 6 weeks before the date
565	565	5 of the general primary election or general election, the
566	566	6 person must file the reports within 24 hours after each such
567	567	7 expenditure or communication is made or obligated to be made.
568	568	8 Any such person must file additional reports after each
569	569	9 additional $1,000 of expenditures are made or obligated to be
570	570	10 made.
571	571	11 (b) If the aggregate of independent expenditures and
572	572	12 electioneering communication expenditures against an eligible
573	573	13 candidate or for the opponents of that candidate exceed 10% of
574	574	14 the public financing benefit for that office in any campaign
575	575	15 an eligible candidate may request matching funds of up to the
576	576	16 amount of the independent expenditure or electioneering
577	577	17 communication expense. If a candidate requests matching funds,
578	578	18 the Board must immediately credit that candidate's account
579	579	19 with an additional line of credit equivalent to the amount
580	580	20 requested, however, the sum total of matching funds credited
581	581	21 to the candidate in the primary election campaign period and
582	582	22 the general election campaign period for independent
583	583	23 expenditures, electioneering communication expenses, and
584	584	24 nonparticipating expenses under Section 55 may not exceed the
585	585	25 value of the public financing benefit. Any matching funds
586	586	26 requested but not spent or committed at the conclusion of the
587	587
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597	597	1 primary election campaign period are forfeited and may not be
598	598	2 spent during the general election campaign period.
599	599	3 Section 65. Illinois Judicial Election Democracy Trust
600	600	4 Fund.
601	601	5 (a) All moneys collected under Sections 40, 45, and 70 of
602	602	6 this Act shall be deposited into the Illinois Judicial
603	603	7 Election Democracy Trust Fund and may be used by the State
604	604	8 Board of Elections for the purposes of this Act. The State
605	605	9 Treasurer, in consultation with the Board, shall contract with
606	606	10 a debit card issuer to permit eligible candidates and their
607	607	11 agents to draw upon moneys appropriated from the Trust Fund
608	608	12 through an account with the card issuer.
609	609	13 (b) Upon a determination of a candidate's eligibility for
610	610	14 a public financing benefit as provided for in subsection (a)
611	611	15 of Section 45, the State Treasurer must issue to the eligible
612	612	16 candidate a debit card, known as the fair election debit card,
613	613	17 entitling the candidate and agents of the candidate designated
614	614	18 by the candidate to draw money from an account to make
615	615	19 expenditures on behalf of the candidate.
616	616	20 (c) No eligible candidate or agent of an eligible
617	617	21 candidate may make any expenditure by any means other than
618	618	22 through the use of the fair election debit card. No such
619	619	23 candidate or agent may use a fair election debit card to obtain
620	620	24 cash, except that cash amounts of $100 or less may be drawn on
621	621	25 the fair election debit card and used to make expenditures of
622	622
623	623
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625	625
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632	632	1 no more than $25 each. A candidate must maintain records of all
633	633	2 such expenditures and must report the expenditures to the
634	634	3 State Board in accordance with Section 25.
635	635	4 (d) The State Board of Elections may draw upon funds in the
636	636	5 Illinois Judicial Election Democracy Trust Fund to support the
637	637	6 administration of the program. These funds may be used only to
638	638	7 pay costs to the State Board that are directly associated with
639	639	8 the administration of the program, including, but not limited
640	640	9 to, ensuring compliance with this Act and promoting the income
641	641	10 tax checkoff. These administrative reimbursements shall be
642	642	11 limited to 1% of the Trust Fund balance in fiscal years when
643	643	12 there is no eligible seat on the ballot or 5% of the Trust Fund
644	644	13 balance in fiscal years when there is an eligible seat on
645	645	14 either a primary or general election ballot.
646	646	15 Section 70. Penalties; enforcement.
647	647	16 (a) If an eligible candidate makes expenditures that
648	648	17 exceed the public financing benefit allocated to the candidate
649	649	18 for any campaign, the Board shall require the candidate to
650	650	19 forfeit to the Illinois Judicial Election Democracy Trust Fund
651	651	20 an amount equal to not more than 10 times and not less than 2
652	652	21 times the amount by which the expenditures exceeded the
653	653	22 allocation.
654	654	23 (b) The Board shall require any eligible candidate who
655	655	24 accepts contributions in excess of any limitation set by this
656	656	25 Act to forfeit to the Illinois Judicial Election Democracy
657	657
658	658
659	659
660	660
661	661
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663	663
664	664
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667	667	1 Trust Fund an amount equal to not more than 10 times and not
668	668	2 less than 2 times the amount by which the contributions exceed
669	669	3 the applicable limitation.
670	670	4 (c) If the Board finds that there is reasonable cause to
671	671	5 believe that a candidate has made excess expenditures or has
672	672	6 accepted excess contributions in violation of the Act, the
673	673	7 Board must attempt for a period of not more than 14 days after
674	674	8 its finding to correct the matter by informal methods of
675	675	9 conference and conciliation and to enter into a settlement and
676	676	10 conciliation agreement with the candidate involved. A
677	677	11 settlement and conciliation agreement made under this
678	678	12 subsection is a public record. Unless violated, a settlement
679	679	13 and conciliation agreement is a bar to any civil action under
680	680	14 subsection (d).
681	681	15 (d) If the Board has reasonable cause to believe that a
682	682	16 candidate has made excess expenditures or has accepted excess
683	683	17 contributions and the Board is unable to correct the matter by
684	684	18 informal methods within the time prescribed in subsection (c),
685	685	19 the Board must make a public finding of reasonable cause in the
686	686	20 matter. After making a public finding, the Board may bring an
687	687	21 action in the circuit court to impose a forfeiture under
688	688	22 subsection (a) or (b).
689	689	23 (e) If an elector believes that a candidate has violated
690	690	24 this Act and the elector is entitled to vote for or against the
691	691	25 candidate in the election in connection with which the
692	692	26 violation is alleged to have occurred, the elector may file a
693	693
694	694
695	695
696	696
697	697
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703	703	1 complaint with the Board requesting it to take remedial
704	704	2 action. If the Board refuses to take remedial action or,
705	705	3 within 30 days after the filing of a complaint, fails to take
706	706	4 remedial action, the elector may commence a civil action in an
707	707	5 appropriate circuit court requesting the court to impose a
708	708	6 forfeiture under subsection (a) or (b).
709	709	7 (f) The Board and the circuit court must expedite all
710	710	8 proceedings under this Section so that all complaints brought
711	711	9 before an election are resolved, to the extent possible,
712	712	10 before the election is held.
713	713	11 (g) If a complaint brought under this Section is resolved
714	714	12 against the complainant and is found to have been brought in
715	715	13 bad faith and without reasonable basis therefor, the circuit
716	716	14 court may assess costs, including reasonable attorney fees,
717	717	15 against the complainant.
718	718	16 Section 75. Prohibited acts.
719	719	17 (a) If an eligible candidate or agent of an eligible
720	720	18 candidate knowingly accepts more contributions than the
721	721	19 candidate is entitled to receive or makes expenditures
722	722	20 exceeding the amount of the public financing benefit received
723	723	21 by the candidate, the candidate or agent is guilty of a Class 3
724	724	22 felony.
725	725	23 (b) If a candidate who receives a public financing
726	726	24 benefit, or an agent of that candidate, knowingly makes an
727	727	25 expenditure by means other than those allowed by this Act, the
728	728
729	729
730	730
731	731
732	732
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734	734
735	735
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738	738	1 candidate or agent is guilty of a Class 3 felony.
739	739	2 (c) If, in connection with the receipt or expenditure of a
740	740	3 public financing benefit for an election campaign, any person
741	741	4 knowingly provides false information to the Board, or
742	742	5 knowingly conceals or withholds information from the Board,
743	743	6 that person is guilty of a Class 3 felony.
744	744	7 Section 90. Deposits into Illinois Judicial Election
745	745	8 Democracy Trust Fund.
746	746	9 (a) The Department of Revenue shall transfer to the
747	747	10 Illinois Judicial Election Democracy Trust Fund any amounts
748	748	11 contributed to the Illinois Judicial Election Democracy Trust
749	749	12 Fund collected pursuant to Section 506.7 of the Illinois
750	750	13 Income Tax Act.
751	751	14 (b) The Treasurer shall deposit into the Illinois Judicial
752	752	15 Election Democracy Trust Fund all amounts collected by the
753	753	16 clerks of courts under Section 27.10 of the Clerks of Courts
754	754	17 Acts and transferred to the Treasurer.
755	755	18 Section 105. Voluntary contributions. Individuals and
756	756	19 other entities may make direct voluntary contributions to the
757	757	20 Illinois Judicial Election Democracy Trust Fund. However,
758	758	21 contributions may not exceed $1,000 per calendar year.
759	759	22 Section 110. Fund operational. The Illinois Judicial
760	760	23 Election Democracy Trust Fund shall become operational when
761	761
762	762
763	763
764	764
765	765
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771	771	1 the Fund has attained $5,000,000.
772	772	2 Section 115. Severability. The provisions of this Act are
773	773	3 severable. If any provision of this Act is held invalid by a
774	774	4 court of competent jurisdiction, the invalidity does not
775	775	5 affect other provisions of the Act that can be given effect
776	776	6 without the invalid provision.
777	777	7 Section 900. The Election Code is amended by adding
778	778	8 Article 7B and by changing Section 9-1.5 as follows:
779	779	9 (10 ILCS 5/Art. 7B heading new)
780	780	10 ARTICLE 7B.
781	781	11 JUDICIAL CAMPAIGN CONTRIBUTION LIMITS
782	782	12 (10 ILCS 5/7B-5 new)
783	783	13 Sec. 7B-5. Definitions. As used in this Article:
784	784	14 "Association" means any group, club, meeting, collective,
785	785	15 membership organization, or collection of persons other than a
786	786	16 corporation or labor organization, or any entity organized
787	787	17 under Sections 501 or 527 of the Internal Revenue Code, except
788	788	18 that an association does not include a political committee
789	789	19 organized under Article 9 that qualifies as a judicial fund
790	790	20 under this Article.
791	791	21 "Board" means the State Board of Elections.
792	792	22 "Candidate" or "judicial candidate" means any person who
793	793
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795	795
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799	799
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803	803	1 seeks nomination for election to, election to, or retention in
804	804	2 judicial office, whether or not the person is nominated,
805	805	3 elected, or retained. A person seeks nomination for election,
806	806	4 election, or retention if he or she (i) takes the action
807	807	5 necessary under the laws of this State to attempt to qualify
808	808	6 for nomination for election to, election to, or retention in
809	809	7 judicial office or (ii) receives contributions or makes
810	810	8 expenditures, or gives consent for any other person to receive
811	811	9 contributions or make expenditures, with a view to bringing
812	812	10 about his or her nomination for election to, election to, or
813	813	11 retention in judicial office.
814	814	12 "Clearly identified" means that:
815	815	13 (A) the name, voice, image, or likeness of a candidate
816	816	14 appears; or
817	817	15 (B) the identity of the candidate is apparent by
818	818	16 unambiguous reference.
819	819	17 "Contribution" means:
820	820	18 (A) any contribution as that term is defined in
821	821	19 Article 9, or
822	822	20 (B) a payment for any activity in support of or in
823	823	21 opposition to any judicial candidate or for electioneering
824	824	22 communications in relation to any judicial candidate if
825	825	23 such activity or communications is conducted in concert or
826	826	24 cooperation with the political committee of any judicial
827	827	25 candidate.
828	828	26 (C) "Contribution" does not include:
829	829
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831	831
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839	839	1 (i) Communications on any subject by a corporation
840	840	2 to its stockholders and executive or administrative
841	841	3 personnel and their families, by a labor organization
842	842	4 to its members and their families, or by an
843	843	5 association to its members and their families.
844	844	6 (ii) Nonpartisan registration and get-out-the-vote
845	845	7 campaigns by a corporation aimed at its stockholders
846	846	8 and executive or administrative personnel and their
847	847	9 families, by a labor organization aimed at its members
848	848	10 and their families, or by an association aimed at its
849	849	11 members and their families.
850	850	12 (iii) The establishment, administration, and
851	851	13 solicitation of contributions to a separate segregated
852	852	14 fund to be used for political purposes by a
853	853	15 corporation, labor organization, or association.
854	854	16 (iv) A secured loan of money by a national or State
855	855	17 bank made in accordance with the applicable banking
856	856	18 laws and regulations and in the ordinary course of
857	857	19 business, if the security for the loan, if provided by
858	858	20 a person other than the candidate or his or her
859	859	21 committee, would qualify as a contribution or
860	860	22 expenditure.
861	861	23 (v) A distribution of funds from the Illinois
862	862	24 Judicial Election Democracy Trust Fund.
863	863	25 "Corporation" includes a limited liability company,
864	864	26 partnership, professional practice, cooperative, or sole
865	865
866	866
867	867
868	868
869	869
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875	875	1 proprietorship, whether organized on a for-profit or nonprofit
876	876	2 basis.
877	877	3 "Election" means:
878	878	4 (A) a general primary election or general election, or
879	879	5 (B) a retention election as that term is used in
880	880	6 Article 7A.
881	881	7 "Election period" means:
882	882	8 (A) the period beginning one year before the date of
883	883	9 any general primary election for a judicial office and
884	884	10 ending the day of the general primary election;
885	885	11 (B) the period beginning on the day after the general
886	886	12 primary election for a judicial office and ending 90 days
887	887	13 after the general election for that judicial office; or
888	888	14 (C) the period beginning on the date on which a
889	889	15 sitting judge declares for retention and ending 90 days
890	890	16 after the retention election.
891	891	17 "Expenditure" means:
892	892	18 (A) any expenditure as that term is defined in Article
893	893	19 9, or
894	894	20 (B) any contract, promise, or agreement, whether
895	895	21 written or oral, to make an expenditure in concert or
896	896	22 cooperation with the political committee of a judicial
897	897	23 candidate, regardless of when the funds are actually
898	898	24 disbursed.
899	899	25 "Independent expenditure" means an expenditure by a
900	900	26 person:
901	901
902	902
903	903
904	904
905	905
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911	911	1 (A) expressly advocating the election or defeat of a
912	912	2 clearly identified candidate or engaging in electioneering
913	913	3 communications in relation to a candidate; and
914	914	4 (B) that is not made in concert or cooperation with or
915	915	5 at the request or suggestion of the candidate, the
916	916	6 candidate's designated political committee, or agents of
917	917	7 the candidate or committee.
918	918	8 "Judicial fund" means any political committee organized
919	919	9 under Article 9 that receives contributions only from donors
920	920	10 aggregating not more than the amount designated in Section
921	921	11 7B-15.
922	922	12 "Labor organization" means any organization of any kind or
923	923	13 any agency or employee representation committee or plan in
924	924	14 which employees participate and that exists for the purpose,
925	925	15 in whole or in part, of dealing with employers concerning
926	926	16 grievances, labor disputes, wages, rates of pay, hours of
927	927	17 employment, or conditions of work.
928	928	18 "Natural person" means any one human being.
929	929	19 "Person" includes an individual, trust, partnership,
930	930	20 committee, association, corporation, labor organization, or
931	931	21 any other organization or group of persons, including a
932	932	22 political committee organized under Article 9.
933	933	23 (10 ILCS 5/7B-10 new)
934	934	24 Sec. 7B-10. Designated political committee.
935	935	25 (a) Each candidate shall designate in writing one and only
936	936
937	937
938	938
939	939
940	940
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942	942
943	943
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946	946	1 one judicial fund to serve as the political committee of the
947	947	2 candidate. The designation is irrevocable for the duration of
948	948	3 the candidacy and shall be filed with the State Board of
949	949	4 Election.
950	950	5 (b) The name of the designated committee shall include the
951	951	6 name of the candidate who designated the committee under
952	952	7 subsection (a). No political committee that is not a
953	953	8 designated committee may include the name of that candidate in
954	954	9 its name.
955	955	10 (c) All designations required to be filed under this
956	956	11 Article shall be filed with the Board. The Board shall retain
957	957	12 these designations and make them available for public
958	958	13 inspection and copying in the same manner as statements of
959	959	14 organization required under Article 9.
960	960	15 (10 ILCS 5/7B-15 new)
961	961	16 Sec. 7B-15. Limitation on contributions.
962	962	17 (a) No person shall make contributions to a
963	963	18 candidate-designated political committee, except that:
964	964	19 (1) Natural persons may contribute no more than $2,000
965	965	20 per election period.
966	966	21 (2) Judicial funds established by a State political
967	967	22 party may contribute not more than $20,000 during the
968	968	23 election period that includes the general election; all
969	969	24 committees established by a State political party, under
970	970	25 State or federal law, shall be considered as one committee
971	971
972	972
973	973
974	974
975	975
976	976	SB2360 - 26 - LRB103 28352 BMS 54732 b
977	977
978	978
979	979	SB2360- 27 -LRB103 28352 BMS 54732 b SB2360 - 27 - LRB103 28352 BMS 54732 b
980	980	SB2360 - 27 - LRB103 28352 BMS 54732 b
981	981	1 for the purpose of this Section.
982	982	2 (3) Any other judicial fund may contribute no more
983	983	3 than $5,000 during an election period.
984	984	4 (4) A corporation, labor organization, or association
985	985	5 may contribute from its own treasuries no more than $2,000
986	986	6 during each election period. All contributions from
987	987	7 associated entities, including political committees for
988	988	8 which the corporation, labor organization, or association
989	989	9 is the sponsoring entity, shall be aggregated for the
990	990	10 purposes of this Section.
991	991	11 (b) No contributor may contribute in aggregate more than
992	992	12 $20,000 to judicial funds during any election period.
993	993	13 (c) On January 1 of every odd-numbered year, the State
994	994	14 Board of Election shall adjust the limits established in
995	995	15 subsection (a) for inflation as determined by the Consumer
996	996	16 Price Index for All Urban Consumers as determined by the
997	997	17 United States Department of Labor and rounded to the nearest
998	998	18 $100.
999	999	19 (d) In any instance where (i) a corporation and any of its
1000	1000	20 subsidiaries, branches, divisions, departments, or local
1001	1001	21 units; (ii) a labor organization and any of its subsidiaries,
1002	1002	22 branches, divisions, departments, or local units; or (iii) an
1003	1003	23 association or any of its affiliates, subsidiaries, branches,
1004	1004	24 divisions, departments, or local units contribute to a
1005	1005	25 candidate's political committee, all such contributions shall
1006	1006	26 be treated as from a single donor for the purposes of
1007	1007
1008	1008
1009	1009
1010	1010
1011	1011
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1013	1013
1014	1014
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1016	1016	SB2360 - 28 - LRB103 28352 BMS 54732 b
1017	1017	1 subsection (a).
1018	1018	2 (e) For the purposes of the limitations provided by
1019	1019	3 subsection (a), a candidate's designated political committee
1020	1020	4 and any other committee directly or indirectly established,
1021	1021	5 financed, maintained, or controlled by that candidate, or
1022	1022	6 working in concert or cooperation with the candidate's
1023	1023	7 designated committee, shall be considered to be a single
1024	1024	8 political committee.
1025	1025	9 (f) With respect to expenditures:
1026	1026	10 (1) Expenditures made by any person in concert or
1027	1027	11 cooperation with, or at the request or suggestion of, a
1028	1028	12 candidate, his or her designated committee, or their
1029	1029	13 agents shall be considered a contribution to the
1030	1030	14 candidate's designated committee and, together with all
1031	1031	15 other contributions from that same source, are subject to
1032	1032	16 the limits of this Section.
1033	1033	17 (2) The financing by any person of the dissemination,
1034	1034	18 distribution, or republication, in whole or in part, of
1035	1035	19 any broadcast or any written, graphic, or other form of
1036	1036	20 campaign materials prepared by the candidate, his or her
1037	1037	21 campaign committee, or their designated agents shall be
1038	1038	22 considered to be a contribution to the candidate's
1039	1039	23 designated committee for the purposes of this subsection
1040	1040	24 and, together with all other contributions from that same
1041	1041	25 source, are subject to the limits of this Section.
1042	1042	26 (g) For the purposes of the limitations designated by this
1043	1043
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048	SB2360 - 28 - LRB103 28352 BMS 54732 b
1049	1049
1050	1050
1051	1051	SB2360- 29 -LRB103 28352 BMS 54732 b SB2360 - 29 - LRB103 28352 BMS 54732 b
1052	1052	SB2360 - 29 - LRB103 28352 BMS 54732 b
1053	1053	1 Section, all contributions made by a person, either directly
1054	1054	2 or indirectly, to a particular candidate's designated
1055	1055	3 committee, including contributions that are in any way
1056	1056	4 earmarked or otherwise directed through an intermediary or
1057	1057	5 conduit to the candidate, shall be treated as contributions
1058	1058	6 from the person to the candidate-designated committee. The
1059	1059	7 intermediary or conduit shall report the original source and
1060	1060	8 the intended recipient of the contribution to the Board and to
1061	1061	9 the intended recipient.
1062	1062	10 (h) No candidate or political committee shall knowingly
1063	1063	11 accept any contribution or make any expenditure in violation
1064	1064	12 of the provisions of this Section. No officer or employee of a
1065	1065	13 political committee shall knowingly accept a contribution made
1066	1066	14 for the benefit or use of a candidate or knowingly make any
1067	1067	15 expenditure in support of or opposition to a candidate or for
1068	1068	16 electioneering communications in relation to a candidate in
1069	1069	17 violation of any limitation designated for contributions and
1070	1070	18 expenditures under this Section.
1071	1071	19 (10 ILCS 5/7B-25 new)
1072	1072	20 Sec. 7B-25. Prohibition of anonymous contributions and
1073	1073	21 contributions in the name of another.
1074	1074	22 (a) No person shall make a contribution in the name of
1075	1075	23 another person or knowingly permit his or her name to be used
1076	1076	24 to effect such a contribution.
1077	1077	25 (b) No person shall knowingly accept a contribution made
1078	1078
1079	1079
1080	1080
1081	1081
1082	1082
1083	1083	SB2360 - 29 - LRB103 28352 BMS 54732 b
1084	1084
1085	1085
1086	1086	SB2360- 30 -LRB103 28352 BMS 54732 b SB2360 - 30 - LRB103 28352 BMS 54732 b
1087	1087	SB2360 - 30 - LRB103 28352 BMS 54732 b
1088	1088	1 by one person in the name of another person.
1089	1089	2 (c) No person shall knowingly accept reimbursement from
1090	1090	3 another person for a contribution made in his or her own name.
1091	1091	4 (d) No person shall make an anonymous contribution.
1092	1092	5 (e) No person shall knowingly accept any anonymous
1093	1093	6 contribution.
1094	1094	7 (f) No person shall predicate (i) any benefit, including,
1095	1095	8 but not limited to, employment decisions including hiring,
1096	1096	9 promotions, bonus compensation, and transfers, or (ii) any
1097	1097	10 other gift, transfer, or emolument upon (1) the decision by
1098	1098	11 the recipient of that benefit to donate or not to donate to a
1099	1099	12 candidate or (2) the amount of any such donation.
1100	1100	13 (g) Anonymous contributions shall escheat to the State of
1101	1101	14 Illinois. Any political committee that receives such a
1102	1102	15 contribution shall forward it immediately to the State
1103	1103	16 Treasurer.
1104	1104	17 (h) Immediately upon discovery that it has received
1105	1105	18 contributions given in the name of another, the recipient
1106	1106	19 shall redesignate the contributions according to their true
1107	1107	20 origin. A committee may retain such contributions only once
1108	1108	21 the true origin of the donation has been reported, subject to
1109	1109	22 any other provisions of this Article, unless the committee
1110	1110	23 knew that the true donor was disguising his or her identity at
1111	1111	24 the time of the original receipt. If the committee knew at the
1112	1112	25 time of original receipt that the true donor was disguising
1113	1113	26 his or her identify, the funds shall escheat to the State and
1114	1114
1115	1115
1116	1116
1117	1117
1118	1118
1119	1119	SB2360 - 30 - LRB103 28352 BMS 54732 b
1120	1120
1121	1121
1122	1122	SB2360- 31 -LRB103 28352 BMS 54732 b SB2360 - 31 - LRB103 28352 BMS 54732 b
1123	1123	SB2360 - 31 - LRB103 28352 BMS 54732 b
1124	1124	1 the Board shall assess an additional penalty of at least
1125	1125	2 $1,000 and not more than $5,000 for a first violation and of at
1126	1126	3 least $3,000 and not more than $10,000 for second and
1127	1127	4 subsequent violations.
1128	1128	5 (10 ILCS 5/7B-30 new)
1129	1129	6 Sec. 7B-30. Complaints.
1130	1130	7 (a) The Board may receive complaints alleging that a
1131	1131	8 violation of this Article has occurred. The Board may bring
1132	1132	9 complaints and investigations on its own initiative when the
1133	1133	10 Board has reason to believe that a violation of this Article
1134	1134	11 has occurred.
1135	1135	12 (b) Upon receipt of a complaint, the Board shall hold a
1136	1136	13 closed preliminary hearing to determine whether or not the
1137	1137	14 complaint appears to have been filed on justifiable grounds.
1138	1138	15 The closed preliminary hearing shall be conducted as soon as
1139	1139	16 practicable after affording reasonable notice, a copy of the
1140	1140	17 complaint, and an opportunity to testify at the hearing to
1141	1141	18 both the person making the complaint and the person against
1142	1142	19 whom the complaint is directed. If the Board determines that
1143	1143	20 the complaint has not been filed on justifiable grounds, it
1144	1144	21 shall dismiss the complaint without further hearing.
1145	1145	22 (c) The Board shall have the authority to adopt procedural
1146	1146	23 rules governing the filing and hearing of complaints under
1147	1147	24 this Section that are not inconsistent with this Article.
1148	1148	25 (d) In addition to any other penalties authorized by this
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154	SB2360 - 31 - LRB103 28352 BMS 54732 b
1155	1155
1156	1156
1157	1157	SB2360- 32 -LRB103 28352 BMS 54732 b SB2360 - 32 - LRB103 28352 BMS 54732 b
1158	1158	SB2360 - 32 - LRB103 28352 BMS 54732 b
1159	1159	1 Section, the State Board of Elections, any political
1160	1160	2 committee, or any person may apply to the circuit court for a
1161	1161	3 temporary restraining order or a preliminary or permanent
1162	1162	4 injunction against a political committee, judicial fund, or
1163	1163	5 entity, whether registered with the Board under this Article
1164	1164	6 or not, to cease the expenditure of funds and to cease
1165	1165	7 operations until the committee, judicial fund, or entity is in
1166	1166	8 compliance with this Article.
1167	1167	9 (10 ILCS 5/7B-35 new)
1168	1168	10 Sec. 7B-35. Penalties. In addition to any other penalties
1169	1169	11 established by this Article or other law:
1170	1170	12 (1) All contributions in violation of this Article
1171	1171	13 escheat to the State;
1172	1172	14 (2) Any person who knowingly violates any of the
1173	1173	15 provisions of this Article shall be fined the greater of
1174	1174	16 $10,000 or three times the value of the illegal
1175	1175	17 contribution or expenditure; and
1176	1176	18 (3) The Board shall provide a written basis for any
1177	1177	19 decision issued under this Article. If the Board fails to
1178	1178	20 make a final determination, or if a majority of the Board
1179	1179	21 is unable to agree on a final determination, within 90
1180	1180	22 days after the filing of the complaint, then the
1181	1181	23 complainant, within 180 days after the filing of the
1182	1182	24 complaint, may bring a cause of action in any circuit
1183	1183	25 court of the State for de novo review.
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	SB2360 - 32 - LRB103 28352 BMS 54732 b
1190	1190
1191	1191
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1193	1193	SB2360 - 33 - LRB103 28352 BMS 54732 b
1194	1194	1 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
1195	1195	2 Sec. 9-1.5. Expenditure.
1196	1196	3 (A) "Expenditure" means:
1197	1197	4 (1) a payment, distribution, purchase, loan, advance,
1198	1198	5 deposit, gift of money, or anything of value, in
1199	1199	6 connection with the nomination for election, election, or
1200	1200	7 retention of any person to or in public office or in
1201	1201	8 connection with any question of public policy;
1202	1202	9 (2) a payment, distribution, purchase, loan, advance,
1203	1203	10 deposit, gift of money, or anything of value that
1204	1204	11 constitutes an electioneering communication made in
1205	1205	12 concert or cooperation with or at the request, suggestion,
1206	1206	13 or knowledge of a candidate, a political committee, or any
1207	1207	14 of their agents; or
1208	1208	15 (3) a transfer of funds by a political committee to
1209	1209	16 another political committee.
1210	1210	17 (B) "Expenditure" does not include:
1211	1211	18 (a) the use of real or personal property and the cost
1212	1212	19 of invitations, food, and beverages, voluntarily provided
1213	1213	20 by an individual in rendering voluntary personal services
1214	1214	21 on the individual's residential premises for
1215	1215	22 candidate-related activities; provided the value of the
1216	1216	23 service provided does not exceed an aggregate of $150 in a
1217	1217	24 reporting period; or
1218	1218	25 (b) the sale of any food or beverage by a vendor for
1219	1219
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224	SB2360 - 33 - LRB103 28352 BMS 54732 b
1225	1225
1226	1226
1227	1227	SB2360- 34 -LRB103 28352 BMS 54732 b SB2360 - 34 - LRB103 28352 BMS 54732 b
1228	1228	SB2360 - 34 - LRB103 28352 BMS 54732 b
1229	1229	1 use in a candidate's campaign at a charge less than the
1230	1230	2 normal comparable charge, if such charge for use in a
1231	1231	3 candidate's campaign is at least equal to the cost of such
1232	1232	4 food or beverage to the vendor.
1233	1233	5 (4) a payment for electioneering communications.
1234	1234	6 (Source: P.A. 96-832, eff. 1-1-11.)
1235	1235	7 Section 905. The State Finance Act is amended by adding
1236	1236	8 Section 5.990 as follows:
1237	1237	9 (30 ILCS 105/5.990 new)
1238	1238	10 Sec. 5.990. The Illinois Judicial Election Democracy Trust
1239	1239	11 Fund.
1240	1240	12 Section 910. The Illinois Income Tax Act is amended by
1241	1241	13 changing Section 509 and by adding Section 506.7 as follows:
1242	1242	14 (35 ILCS 5/506.7 new)
1243	1243	15 Sec. 506.7. Designation of tax to the Illinois Judicial
1244	1244	16 Election Democracy Trust Fund. The Department shall print on
1245	1245	17 its standard individual income tax form a provision indicating
1246	1246	18 that if the taxpayer wishes to contribute to the Illinois
1247	1247	19 Judicial Election Democracy Trust Fund, as authorized by this
1248	1248	20 amendatory Act of the 103rd General Assembly, he or she may do
1249	1249	21 so by stating the amount of the contribution (not less than $1)
1250	1250	22 on the return and that the contribution will reduce the
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256	SB2360 - 34 - LRB103 28352 BMS 54732 b
1257	1257
1258	1258
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1260	1260	SB2360 - 35 - LRB103 28352 BMS 54732 b
1261	1261	1 taxpayer's refund or increase the amount of payment to
1262	1262	2 accompany the return. Failure to remit any amount of the
1263	1263	3 increased payment shall reduce the contribution accordingly.
1264	1264	4 This Section does not apply to any amended return. This tax
1265	1265	5 checkoff applies to income tax forms for taxable years 2025
1266	1266	6 and thereafter.
1267	1267	7 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
1268	1268	8 Sec. 509. Tax checkoff explanations.
1269	1269	9 (a) All individual income tax return forms shall contain
1270	1270	10 appropriate explanations and spaces to enable the taxpayers to
1271	1271	11 designate contributions to the funds to which contributions
1272	1272	12 may be made under this Article 5.
1273	1273	13 (b) Each form shall contain a statement that the
1274	1274	14 contributions will reduce the taxpayer's refund or increase
1275	1275	15 the amount of payment to accompany the return. Failure to
1276	1276	16 remit any amount of increased payment shall reduce the
1277	1277	17 contribution accordingly.
1278	1278	18 (c) If, on October 1 of any year, the total contributions
1279	1279	19 to any one of the funds made under this Article 5, except the
1280	1280	20 Illinois Judicial Election Democracy Trust Fund, do not equal
1281	1281	21 $100,000 or more, the explanations and spaces for designating
1282	1282	22 contributions to the fund shall be removed from the individual
1283	1283	23 income tax return forms for the following and all subsequent
1284	1284	24 years and all subsequent contributions to the fund shall be
1285	1285	25 refunded to the taxpayer. This contribution requirement does
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	SB2360 - 35 - LRB103 28352 BMS 54732 b
1292	1292
1293	1293
1294	1294	SB2360- 36 -LRB103 28352 BMS 54732 b SB2360 - 36 - LRB103 28352 BMS 54732 b
1295	1295	SB2360 - 36 - LRB103 28352 BMS 54732 b
1296	1296	1 not apply to the Diabetes Research Checkoff Fund checkoff
1297	1297	2 contained in Section 507GG of this Act.
1298	1298	3 (d) Notwithstanding any other provision of law, the
1299	1299	4 Department shall include the Hunger Relief Fund checkoff
1300	1300	5 established under Section 507SS on the individual income tax
1301	1301	6 form for the taxable year beginning on January 1, 2012. If, on
1302	1302	7 October 1, 2013, or on October 1 of any subsequent year, the
1303	1303	8 total contributions to the Hunger Relief Fund checkoff do not
1304	1304	9 equal $100,000 or more, the explanations and spaces for
1305	1305	10 designating contributions to the fund shall be removed from
1306	1306	11 the individual income tax return forms for the following and
1307	1307	12 all subsequent years and all subsequent contributions to the
1308	1308	13 fund shall be refunded to the taxpayer.
1309	1309	14 (Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
1310	1310	15 Section 915. The Clerks of Courts Act is amended by adding
1311	1311	16 Section 27.15 as follows:
1312	1312	17 (705 ILCS 105/27.15 new)
1313	1313	18 Sec. 27.15. Illinois Judicial Election Democracy Trust
1314	1314	19 Fund. The clerk shall transfer $1 from each filing or
1315	1315	20 appearance fee paid in accordance with Section 27.1, 27.1a,
1316	1316	21 27.2, or 27.2a to the State Treasurer for deposit into the
1317	1317	22 Illinois Judicial Election Democracy Trust Fund. To defray
1318	1318	23 that expense, the county board may, by resolution, require the
1319	1319	24 clerk of the circuit court in the county to charge and collect
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	SB2360 - 36 - LRB103 28352 BMS 54732 b
1326	1326
1327	1327
1328	1328	SB2360- 37 -LRB103 28352 BMS 54732 b SB2360 - 37 - LRB103 28352 BMS 54732 b
1329	1329	SB2360 - 37 - LRB103 28352 BMS 54732 b
1330	1330	1 an Illinois Judicial Election Democracy Trust Fund fee of not
1331	1331	2 more than $1, which shall be paid at the time that any filing
1332	1332	3 or appearance fee is paid. The fee shall be collected in the
1333	1333	4 manner in which all other fees or costs are collected. Each
1334	1334	5 clerk shall commence the charges and collection upon receipt
1335	1335	6 of written notice from the chairman of the county board
1336	1336	7 together with a certified copy of the board's resolution. The
1337	1337	8 clerk shall file the resolution of record in his or her office.
1338	1338	9 The fee shall be in addition to all other fees and charges of
1339	1339	10 the clerks shall be assessable as costs, and may be waived only
1340	1340	11 if the judge specifically provides for the waiver of the
1341	1341	12 Illinois Judicial Election Democracy Trust Fund fee. The fees
1342	1342	13 shall be remitted monthly by the clerk for deposit into the
1343	1343	14 Illinois Judicial Election Democracy Trust Fund.
1344	1344	15 Section 999. Effective date. This Act takes effect January
1345	1345	16 1, 2025.
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350
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