Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2728 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2728 Introduced 1/12/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-52 new30 ILCS 105/5.1015 new Amends the Election Code. Provides that, beginning January 1, 2025, the Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or an individual that are given or distributed to an election authority for the election authority to use. Provides that an election authority may not apply for or request in some other manner any private, nongovernmental funding from any source, but, rather, the Board may seek and apply for private, nongovernmental grants and donations to secure funds that will be distributed to election authorities to assist the election authorities in carrying out duties related to official day-to-day operations and the administration of elections within the election authorities' respective jurisdictions. Provides that the Board shall deposit moneys received into the Election Authority Support Fund and shall publish notices of funds available to election authorities in the State. Provides that funds distributed to election authorities must be directly proportional to the total population residing within the jurisdiction of the selected election authority during the first round of applications, and, if any money is left over after the first round, funds may be distributed in a nonproportional manner to those applicants in the second round. Requires rules to be adopted by the Board, and contains other regulations and restrictions relating to funds granted to or received by the Board. Amends the State Finance Act to establish the Election Authority Support Fund. Effective immediately. LRB103 36934 SPS 67048 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2728 Introduced 1/12/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-52 new30 ILCS 105/5.1015 new 10 ILCS 5/1A-52 new 30 ILCS 105/5.1015 new Amends the Election Code. Provides that, beginning January 1, 2025, the Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or an individual that are given or distributed to an election authority for the election authority to use. Provides that an election authority may not apply for or request in some other manner any private, nongovernmental funding from any source, but, rather, the Board may seek and apply for private, nongovernmental grants and donations to secure funds that will be distributed to election authorities to assist the election authorities in carrying out duties related to official day-to-day operations and the administration of elections within the election authorities' respective jurisdictions. Provides that the Board shall deposit moneys received into the Election Authority Support Fund and shall publish notices of funds available to election authorities in the State. Provides that funds distributed to election authorities must be directly proportional to the total population residing within the jurisdiction of the selected election authority during the first round of applications, and, if any money is left over after the first round, funds may be distributed in a nonproportional manner to those applicants in the second round. Requires rules to be adopted by the Board, and contains other regulations and restrictions relating to funds granted to or received by the Board. Amends the State Finance Act to establish the Election Authority Support Fund. Effective immediately. LRB103 36934 SPS 67048 b LRB103 36934 SPS 67048 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2728 Introduced 1/12/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/1A-52 new30 ILCS 105/5.1015 new 10 ILCS 5/1A-52 new 30 ILCS 105/5.1015 new
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66 Amends the Election Code. Provides that, beginning January 1, 2025, the Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or an individual that are given or distributed to an election authority for the election authority to use. Provides that an election authority may not apply for or request in some other manner any private, nongovernmental funding from any source, but, rather, the Board may seek and apply for private, nongovernmental grants and donations to secure funds that will be distributed to election authorities to assist the election authorities in carrying out duties related to official day-to-day operations and the administration of elections within the election authorities' respective jurisdictions. Provides that the Board shall deposit moneys received into the Election Authority Support Fund and shall publish notices of funds available to election authorities in the State. Provides that funds distributed to election authorities must be directly proportional to the total population residing within the jurisdiction of the selected election authority during the first round of applications, and, if any money is left over after the first round, funds may be distributed in a nonproportional manner to those applicants in the second round. Requires rules to be adopted by the Board, and contains other regulations and restrictions relating to funds granted to or received by the Board. Amends the State Finance Act to establish the Election Authority Support Fund. Effective immediately.
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1212 1 AN ACT concerning elections.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Election Code is amended by adding Section
1616 5 1A-52 as follows:
1717 6 (10 ILCS 5/1A-52 new)
1818 7 Sec. 1A-52. Regulation and oversight of private,
1919 8 nongovernmental funds.
2020 9 (a) The State Board of Elections is responsible for the
2121 10 regulation and oversight of all private, nongovernmental funds
2222 11 from an organization or an individual that are given or
2323 12 distributed to an election authority for the election
2424 13 authority to use.
2525 14 (b) An election authority may not apply for or request in
2626 15 some other manner any private, nongovernmental funding from
2727 16 any source.
2828 17 (c) The Board may seek and apply for private,
2929 18 nongovernmental grants and donations to secure funds that will
3030 19 be distributed to election authorities to reimburse the
3131 20 election authorities for carrying out its duties related to
3232 21 official day-to-day operations and administering elections
3333 22 within the election authorities' respective jurisdictions.
3434 23 (d) All funds that are secured by the Board under
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2728 Introduced 1/12/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3939 10 ILCS 5/1A-52 new30 ILCS 105/5.1015 new 10 ILCS 5/1A-52 new 30 ILCS 105/5.1015 new
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4242 Amends the Election Code. Provides that, beginning January 1, 2025, the Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or an individual that are given or distributed to an election authority for the election authority to use. Provides that an election authority may not apply for or request in some other manner any private, nongovernmental funding from any source, but, rather, the Board may seek and apply for private, nongovernmental grants and donations to secure funds that will be distributed to election authorities to assist the election authorities in carrying out duties related to official day-to-day operations and the administration of elections within the election authorities' respective jurisdictions. Provides that the Board shall deposit moneys received into the Election Authority Support Fund and shall publish notices of funds available to election authorities in the State. Provides that funds distributed to election authorities must be directly proportional to the total population residing within the jurisdiction of the selected election authority during the first round of applications, and, if any money is left over after the first round, funds may be distributed in a nonproportional manner to those applicants in the second round. Requires rules to be adopted by the Board, and contains other regulations and restrictions relating to funds granted to or received by the Board. Amends the State Finance Act to establish the Election Authority Support Fund. Effective immediately.
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4444 LRB103 36934 SPS 67048 b
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7171 1 subsection (c) shall be deposited by the Board into the
7272 2 Election Authority Support Fund, a special fund that is
7373 3 created in the State treasury, and, as directed by the State
7474 4 Board of Elections, may be disbursed and expended for the
7575 5 purposes described in this Section.
7676 6 (e) When funds are not designated for disbursement in the
7777 7 Election Authority Support Fund, the Board shall publish a
7878 8 notice of funds available to election authorities in the
7979 9 State. The notice must list the source or sources of funds, the
8080 10 total amount available, and how an election authority may
8181 11 apply to be reimbursed for expenditures. The frequency of
8282 12 notices shall be at the discretion of the Board, but shall not
8383 13 be less than once per calendar year unless no funds are
8484 14 available.
8585 15 (f) Funds disbursed under this Section must be directly
8686 16 proportional to the total population residing within the
8787 17 jurisdiction of the selected election authority. The initial
8888 18 amount of funds disbursed shall be calculated as if every
8989 19 election authority will apply for reimbursement. Any funds
9090 20 remaining due to an insufficient number of applications, or
9191 21 another reason, shall be distributed through a second round of
9292 22 applications in which first round applicants may apply for a
9393 23 second time.
9494 24 (g) The Board must disburse funds to selected election
9595 25 authorities within 30 days of reimbursement application
9696 26 approval by check mailed to the official business address of
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107107 1 the election authority or direct deposit into the election
108108 2 authority's government account. The Board is required to
109109 3 disburse all funds within 365 days of receiving the funds from
110110 4 an outside source unless the reason for not disbursing the
111111 5 funds is due to lack of applications from election
112112 6 authorities. In that case, the Board shall keep the funds
113113 7 until fully disbursed through the application process and the
114114 8 funds shall not be used for any other purpose.
115115 9 (h) Both the Board and all election authorities are
116116 10 required to create and maintain records pertaining to the
117117 11 requirements of this Section. These records include, at a
118118 12 minimum, applications by the Board for grants and donations,
119119 13 reimbursement applications by election authorities, and
120120 14 records of financial transfers. Election authorities must keep
121121 15 records on how any private, nongovernmental funds were spent.
122122 16 Funds received through this process must only be used as noted
123123 17 on the original reimbursement application to the Board. These
124124 18 financial records that detail the spending of funds must be
125125 19 made available to the Board upon request to the election
126126 20 authority.
127127 21 (i) The Board shall establish rules by January 1, 2025 to
128128 22 implement this Section, including, at a minimum, procedures
129129 23 for grant applications, the frequency of notice of available
130130 24 funds, the reimbursement application process for election
131131 25 authorities to secure funding, and the process through which
132132 26 funds are distributed.
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143143 1 (j) Nothing in this Section shall be construed to
144144 2 interfere with any funds or procedures relating to the Help
145145 3 America Vote Act, the Help Illinois Vote Fund, or the ERIC
146146 4 Operations Trust Fund, or any other type of funds and
147147 5 financial procedures detailed in any other provision of law.
148148 6 (k) If this Section conflicts with any other provision of
149149 7 law that specifies types of private, nongovernmental funds
150150 8 that may be used by election authorities, including, but not
151151 9 limited to, Section 1A-50, then the other, more specific law
152152 10 controls.
153153 11 (l) Except for the adoption of rules under subsection (i),
154154 12 election authorities and the Board must comply with the
155155 13 requirements of this Section beginning January 1, 2025.
156156 14 Nothing in this Section shall be construed to affect private,
157157 15 nongovernmental funds granted or given to an election
158158 16 authority or the Board prior to January 1, 2025.
159159 17 Section 10. The State Finance Act is amended by adding
160160 18 Section 5.1015 as follows:
161161 19 (30 ILCS 105/5.1015 new)
162162 20 Sec. 5.1015. The Election Authority Support Fund.
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