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90_HB0075
New Act
10 ILCS 5/9-25.5 new
10 ILCS 5/9-25.10 new
30 ILCS 105/5.449 new
35 ILCS 5/507R new
35 ILCS 5/509 from Ch. 120, par. 5-509
35 ILCS 5/510 from Ch. 120, par. 5-510
Creates the Clean Election Act and amends the Election
Code, the State Finance Act, and the Illinois Income Tax Act.
Establishes a voluntary campaign financing program for
candidates and nominees for constitutional offices and the
General Assembly beginning in 2000. Provides for a
Governor-appointed Clean Election Commission to administer
the program under which candidates agree to accept no
contributions and make no expenditures other than from moneys
from a Clean Election Fund distributed in amounts based on
average expenditures in previous elections. Establishes
qualifications for and restrictions upon participation. Funds
the Clean Election Fund through an income tax checkoff,
appropriations, and contributions. Awards matching funds to
candidates and permits candidates to accept other
contributions under certain circumstances. Makes violation a
Class A misdemeanor and permits the commission to impose
fines. Limits campaign contributions to candidates for
constitutional offices and the General Assembly to $1,000 per
entity and subjects those candidates to certain reporting
requirements.
LRB9000512MWpcA
LRB9000512MWpcA
1 AN ACT concerning campaign financing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Clean Election Act.
6 Section 5. Definitions. As used in this Act:
7 "Certified candidate" means a candidate running for a
8 constitutional office or the General Assembly who chooses to
9 participate in this Act and who is certified as a Clean
10 Election candidate under Section 40.
11 "Commission" means the Clean Election Commission
12 established by this Act.
13 "Constitutional office" means the office of Governor,
14 Lieutenant Governor, Attorney General, Secretary of State,
15 Comptroller, and Treasurer.
16 "Contribution" is defined as in Article 9 of the Election
17 Code.
18 "Fund" means the Clean Election Fund established by this
19 Act.
20 "Nonparticipating candidate" means a candidate running
21 for a constitutional office or the General Assembly who does
22 not choose to participate in this Act and who is not seeking
23 to be certified as a Clean Election candidate under Section
24 40.
25 "Participating candidate" means a candidate running for a
26 constitutional office or the General Assembly who is seeking
27 to be certified as a Clean Election candidate under Section
28 40.
29 "Qualifying contribution" means a donation:
30 (1) of $20 in the form of a check or a money order
31 payable to the Clean Election Fund in support of a
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1 candidate;
2 (2) made during the designated qualifying period
3 and obtained with the knowledge and approval of the
4 candidate; and
5 (3) acknowledged by a written receipt that
6 identifies the name and address of the donor on forms
7 provided by the commission.
8 "Qualifying period" means the period beginning with the
9 circulation of general primary candidates' nominating
10 petitions and ending with the general primary.
11 "Seed money contribution" means a contribution of no more
12 than $1,000 per individual made to a candidate, including
13 contributions from the candidate and his or her family.
14 Seed money contributions may be collected and spent
15 subsequent to becoming a candidate as defined by Article 9 of
16 the Election Code and throughout the qualifying period. Seed
17 money contributions may not be collected or spent after
18 certification as a Clean Election candidate. Seed money
19 contributions are for the primary purpose of enabling
20 participating candidates to collect qualifying contributions
21 and shall be reported according to procedures developed by
22 the commission.
23 Section 10. Purpose. This Act provides an alternative
24 campaign financing option available to candidates running for
25 a constitutional office or the General Assembly. This Act is
26 available to candidates for elections to be held in 2000 and
27 thereafter. The commission shall administer this Act and the
28 Clean Election Fund. Candidates participating in this Act
29 must also comply with all other applicable election and
30 campaign laws and rules.
31 Section 15. Commission. The Clean Election Commission
32 shall consist of 5 members appointed by the Governor with the
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1 advice and consent of the Senate. Members shall be selected
2 from nominations submitted by the public during a nominating
3 period established jointly by the Governor, the President and
4 Minority Leader of the Senate, and the Speaker and Minority
5 Leader of the House of Representatives. No more than 2
6 members may be of the same political party.
7 Initial commission members shall serve terms as follows:
8 2 for one-year terms, 2 for 2-year terms, and one for a
9 3-year term as determined by lot. Subsequent members shall
10 serve 4-year terms. Members may be reappointed but shall
11 serve no more than 2 consecutive terms. A vacancy shall be
12 filled by appointment of the Governor for the remainder of
13 the unexpired term.
14 The commission shall select a chairperson from among its
15 number to serve a 2-year term. Members shall receive no
16 compensation but shall be reimbursed for expenses incurred in
17 the performance of their duties.
18 Section 20. The Clean Election Fund.
19 (a) The Clean Election Fund is established to finance
20 the election campaigns of certified Clean Election candidates
21 running for a constitutional office or the General Assembly
22 and to pay administrative and enforcement costs of the
23 commission related to this Act. The fund is created outside
24 the State treasury, and any interest generated by the fund is
25 credited to the fund. The commission shall administer the
26 fund.
27 (b) Money received from the following sources must be
28 deposited into the fund:
29 (1) Qualifying contributions;
30 (2) Appropriations;
31 (3) Transfers from the Clean Election Checkoff
32 Fund;
33 (4) Seed money collected by a candidate remaining
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1 unspent upon certification as a Clean Election candidate;
2 (5) Clean Election Fund moneys distributed to Clean
3 Election candidates remaining unspent after a candidate's
4 general primary loss and after the general election;
5 (6) Other unspent Clean Election Fund moneys
6 distributed to any Clean Election candidate who does not
7 remain a candidate throughout a general primary or
8 general election cycle;
9 (7) Voluntary donations made directly to the fund;
10 and
11 (8) Fines collected under this Act.
12 (c) By September 1 before each general election year,
13 the commission shall publish an estimate of moneys in the
14 fund available for distribution to certified candidates
15 during the upcoming year's general primary and general
16 election.
17 Section 25. Terms of participation.
18 (a) An individual choosing to participate in this Act
19 shall first file with the commission a declaration of intent
20 to participate as a candidate for a stated office. The
21 declaration of intent must be filed with the commission prior
22 to or during the qualifying period, except as provided by
23 commission rule adopted under Section 85, according to forms
24 and procedures developed by the commission. A candidate
25 choosing to participate must submit a declaration of intent
26 prior to collecting any qualifying contributions under this
27 Act.
28 A candidate who files a declaration of intent shall swear
29 or affirm that the candidate has complied with and will
30 continue to comply with this Act's contribution and
31 expenditure limits and will comply with all other
32 requirements set forth in this Act.
33 (b) Subsequent to becoming a candidate as defined in
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1 Article 9 of the Election Code and prior to certification,
2 participating candidates must not accept contributions,
3 except for seed money contributions. A participating
4 candidate must limit his or her seed money contributions to
5 $1,000 per contributor.
6 Section 30. Qualifying contributions. Participating
7 candidates must obtain qualifying contributions as follows:
8 (1) For a candidate for a constitutional office, at
9 least 2,500 verified registered voters must have
10 supported the candidacy by providing a qualifying
11 contribution to that candidate.
12 (2) For a candidate for the Senate, at least 150
13 verified registered voters from the candidate's district
14 must have supported the candidacy by providing a
15 qualifying contribution to that candidate.
16 (3) For a candidate for the House of
17 Representatives, at least 50 verified registered voters
18 from the candidate's district must have supported the
19 candidacy by providing a qualifying contribution to that
20 candidate.
21 No payment, gift, or anything of value shall be given in
22 exchange for a qualifying contribution.
23 Section 35. Filing with commission. All
24 participating candidates must file qualifying contributions
25 with the commission during the qualifying period according to
26 procedures developed by the commission, except as provided by
27 commission rule adopted under Section 85.
28 Section 40. Certification of candidates. Upon receipt of
29 a final submission of qualifying contributions by a
30 participating candidate, the commission shall determine
31 whether or not the candidate has:
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1 (1) Signed and filed a declaration of intent to
2 participate in this Act;
3 (2) Submitted the appropriate number of valid
4 qualifying contributions;
5 (3) Qualified as a candidate by petition or other
6 means;
7 (4) Complied with seed money contribution
8 restrictions; and
9 (5) Otherwise met the requirements for
10 participation in this Act.
11 The commission shall certify candidates complying with
12 the requirements of this Act as Clean Election candidates as
13 soon as possible and no later than 3 days after final
14 submission of qualifying contributions.
15 Upon certification, candidates must transfer to the fund
16 any unspent seed money contributions. Certified candidates
17 must comply with all requirements of this Act after
18 certification and throughout the general primary and general
19 election periods. Failure to do so is a violation of this
20 Act.
21 Section 45. Restrictions on contributions and
22 expenditures for certified candidates. Subsequent to
23 certification, a candidate must limit his or her campaign
24 expenditures and debts to the moneys distributed to the
25 candidate from the fund and may not accept any contributions
26 unless specifically authorized by the commission. All moneys
27 distributed to certified candidates from the fund must be
28 used for campaign related purposes. The commission shall
29 publish guidelines outlining permissible campaign related
30 expenditures.
31 Section 50. Timing of fund distribution. The commission
32 shall distribute to certified candidates moneys from the fund
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1 in amounts determined under Section 55 in the following
2 manner:
3 (1) Within 3 days after certification, for
4 candidates certified prior to February 28 of the general
5 election year, moneys from the fund as if the candidates
6 are in an uncontested general primary;
7 (2) Within 3 days after February 28 of the general
8 election year, for general primary certified candidates,
9 moneys from the fund according to whether the candidate
10 is in a contested or uncontested general primary, reduced
11 by any amounts previously distributed under paragraph
12 (1); and
13 (3) Within 3 days after the general primary, for
14 general election certified candidates, moneys from the
15 fund according to whether the candidate is in a contested
16 general election. No funds shall be distributed for
17 uncontested general elections.
18 Funds may be distributed to certified candidates under
19 this Section by any mechanism that is expeditious, ensures
20 accountability, and safeguards the integrity of the fund.
21 Section 55. Amount of fund distribution. Within 18
22 months of the effective date of this Act, and no less
23 frequently than every 4 years thereafter, the commission
24 shall determine the amount of funds to be distributed to
25 participating candidates based on the type of election and
26 office as follows:
27 (1) For a contested general primary, the amount of
28 moneys to be distributed is the average amount of
29 campaign expenditures made by each candidate during all
30 contested general primary races for the immediately
31 preceding 2 general primaries, as reported under Article
32 9 of the Election Code in the initial filing period
33 subsequent to the general primary for the respective
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1 constitutional offices of and adjusted for inflation by
2 the commission;
3 (2) For an uncontested general primary, the amount
4 of moneys distributed is the average amount of campaign
5 expenditures made by each candidate during all
6 uncontested general primary races, or for contested races
7 if that amount is lower, for the immediately preceding 2
8 general primaries, as reported under Article 9 of the
9 Election Code in the initial filing period subsequent to
10 the general primary for the respective constitutional
11 offices and adjusted for inflation by the commission;
12 (3) For a contested general election, the amount of
13 moneys distributed is the average amount of campaign
14 expenditures made by each candidate during all contested
15 general election races for each of the immediately
16 preceding 2 general elections, as reported under Article
17 9 of the Election Code in the initial filing period
18 subsequent to the general election for the respective
19 constitutional offices and adjusted for inflation by the
20 commission; and
21 (4) For an uncontested general election, no moneys
22 shall be distributed.
23 If the immediately preceding 2 election cycles do not
24 contain sufficient electoral data, the commission shall use
25 information from the most recent applicable elections. For
26 only the initial computations under paragraphs (1), (2), and
27 (3), to be conducted within 18 months of the effective date
28 of this Act, the commission shall reduce the amounts to be
29 distributed by 25%.
30 Section 60. Matching funds. When any campaign, finance,
31 or election report shows that the sum of a candidate's
32 expenditures or obligations made or funds raised or borrowed,
33 whichever is greater, alone or in conjunction with
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1 independent expenditures reported under Article 9 of the
2 Election Code exceeds the distribution amount under Section
3 55, the commission shall issue immediately to any opposing
4 Clean Election candidate an additional amount equivalent to
5 the reported excess. Matching funds are limited to 2 times
6 the amount originally distributed under the applicable
7 paragraph of Section 55.
8 Section 65. Independent candidates. Independent
9 candidates certified by February 28 preceding the general
10 primary shall be eligible for moneys from the fund in the
11 same amounts and at the same time as uncontested general
12 primary candidates and general election candidates as
13 specified in Sections 50 and 55. For independent candidates
14 not certified by February 28 at 5:00 p.m., the deadline for
15 filing qualifying contributions is 5:00 p.m. on June 15
16 preceding the general election. Independent candidates
17 certified after February 28 at 5:00 p.m. shall be eligible
18 for moneys from the fund in the same amounts as general
19 election candidates, as specified in Sections 50 and 55.
20 Section 70. Reports; return of unspent moneys.
21 Notwithstanding any other provision of law, participating and
22 certified candidates shall report any money collected, all
23 campaign expenditures, obligations, and related activities to
24 the commission according to procedures developed by the
25 commission. Upon the filing of a final report for a lost
26 general primary or a general election, each candidate who has
27 moneys from the fund remaining unspent shall return all
28 moneys to the commission. In developing these procedures, the
29 commission shall use existing campaign reporting procedures
30 whenever practicable. The commission shall ensure timely
31 public access to campaign finance data and may use electronic
32 means of reporting and storing information.
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1 Section 75. Disbursements not to exceed amount in fund.
2 The commission may not distribute moneys to certified
3 candidates in excess of the total amount of money deposited
4 into the fund. Notwithstanding other provisions of this Act,
5 if the commission determines that the moneys in the fund are
6 insufficient to meet disbursements under Section 55 and 60,
7 the commission may permit certified candidates to accept and
8 spend contributions in the amount of $1,000 per donor up to
9 the applicable amounts set forth in Sections 55 and 60
10 according to rules adopted by the commission.
11 Section 80. Appeals. The procedure for challenging a
12 certification decision by the commission is as follows:
13 (1) A person aggrieved by a certification decision
14 may appeal to the full commission within 3 days of the
15 certification decision. The appeal must be in writing and
16 must set forth the reasons for the appeal.
17 (2) Within 5 days after an appeal is properly made
18 and after due notice is given to the parties, the
19 commission must hold a hearing. The appellant has the
20 burden of providing evidence to demonstrate that the
21 commission decision was improper. The commission must
22 rule on the appeal within 3 days after the completion of
23 the hearing.
24 (3) The challenger or a candidate may appeal the
25 decision of the commission by commencing an action in
26 circuit court according to the Administrative Review Law.
27 (4) A candidate whose certification by the
28 commission as a Clean Election candidate is revoked on
29 appeal must return to the commission any unspent moneys
30 distributed from the fund. If the commission or court
31 finds that an appeal was made frivolously or to result in
32 delay or hardship, the commission or court may sanction
33 the moving party by requiring the party to pay costs of
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1 the commission, court, and opposing parties, if any.
2 Section 85. Rules. The commission shall adopt rules to
3 ensure effective administration of this Act. Rules shall
4 include but not be limited to procedures for obtaining
5 qualifying contributions, certification as a Clean Election
6 candidate, addressing circumstances involving vacancies,
7 recounts, candidate withdrawals, or candidate replacements,
8 collection of moneys for the fund, distribution of fund
9 moneys to certified candidates, return of unspent fund
10 disbursements, and compliance with this Act.
11 Section 90. Violations.
12 (a) In addition to any other penalties that may be
13 applicable, any person who violates any provision of this Act
14 is subject to a fine of up to $10,000 per violation. In
15 addition to any fine, for good cause shown, a candidate found
16 in violation of this Act may be required to return to the
17 fund all amounts distributed to the candidate from the fund.
18 If the commission makes a determination that a violation of
19 this Act has occurred, the commission shall impose a fine or
20 transmit the finding to the Attorney General for prosecution.
21 Fines paid under this Section must be deposited into the
22 fund. In determining whether or not a candidate is in
23 violation of the expenditure limits of this Act, the
24 commission may consider as a mitigating factor any
25 circumstances out of the person's control.
26 (b) A person who willfully or knowingly violates this
27 Act or rules of the commission or who willfully or knowingly
28 makes a false statement in any report required by this Act is
29 guilty of a Class A misdemeanor and, if certified as a Clean
30 Election candidate, must return to the fund all amounts
31 distributed to the candidate.
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1 Section 95. Study report. By January 30, 2002 and every
2 4 years thereafter, the commission shall prepare for the
3 General Assembly a report documenting, evaluating, and making
4 recommendations relating to the administration,
5 implementation, and enforcement of the Clean Election Fund
6 and this Act.
7 Section 100. Clean Election Checkoff Fund;
8 appropriations.
9 (a) The Clean Election Checkoff Fund is created as a
10 special fund within the State treasury. Proceeds of a $5 per
11 return income tax checkoff shall be deposited into the Clean
12 Election Checkoff Fund as provided in the Illinois Income Tax
13 Act. At the beginning of each fiscal year, the State
14 Treasurer and State Comptroller shall transfer the balance of
15 the Clean Election Checkoff Fund to the Clean Election Fund
16 for use by the commission as provided in this Act. The Clean
17 Election Checkoff Fund may not be used for any purpose except
18 as provided in this subsection.
19 (b) The General Assembly annually shall appropriate to
20 the commission for deposit into the Clean Election Fund an
21 amount sufficient to assure distribution to certified
22 candidates of moneys in amounts provided in Sections 55 and
23 60.
24 Section 985. The Election Code is amended by adding
25 Sections 9-25.5 and 9-25.10 as follows:
26 (10 ILCS 5/9-25.5 new)
27 Sec. 9-25.5. Contribution limit. No political committee
28 of a candidate for the a constitutional office or the General
29 Assembly shall accept contributions from any one entity in an
30 aggregate amount in excess of $1,000 during the period
31 beginning with the circulation of a candidate's nominating
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1 petitions and ending with the general primary and in excess
2 of $1,000 during the period from the general primary until
3 the general election.
4 (10 ILCS 5/9-25.10 new)
5 Sec. 9-25.10. Expedited reports. In addition to other
6 reports required by this Article, a candidate for a
7 constitutional office or the General Assembly who is not
8 certified as a Clean Election candidate under the Clean
9 Election Act and who receives, spends, or obligates more than
10 1% in excess of the general primary or general election
11 disbursement amounts for a Clean Election candidate in the
12 same race shall report within 48 hours of that event to the
13 Clean Election Commission. The report shall detail the
14 candidate's total campaign contributions, expenditures, and
15 obligations to date. Thereafter, the candidate shall comply
16 with an expedited reporting schedule established by the Clean
17 Election Commission. The Clean Election Commission shall
18 provide forms for compliance with this Section.
19 Section 990. The State Finance Act is amended by adding
20 Section 5.449 as follows:
21 (30 ILCS 105/5.449 new)
22 Sec. 5.449. The Clean Election Checkoff Fund.
23 Section 995. The Illinois Income Tax Act is amended by
24 changing Sections 509 and 510 and adding Section 507R as
25 follows:
26 (35 ILCS 5/507R new)
27 Sec. 507R. Clean Election Checkoff Fund. The Department
28 shall print on its standard individual income tax form a
29 provision indicating that if the taxpayer wishes to
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1 contribute to the Clean Election Checkoff Fund, as authorized
2 by this amendatory Act of 1997, he or she may do so by
3 stating the amount of the contribution (not less than $5) on
4 the return and that the contribution will reduce the
5 taxpayer's refund or increase the amount of payment to
6 accompany the return. Failure to remit any amount of
7 increased payment shall reduce the contribution accordingly.
8 This Section shall not apply to any amended return.
9 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
10 Sec. 509. Tax checkoff explanations. All individual
11 income tax return forms shall contain appropriate
12 explanations and spaces to enable the taxpayers to designate
13 contributions to the Child Abuse Prevention Fund, to the
14 Community Health Center Care Fund, to the Illinois Wildlife
15 Preservation Fund as required by the Illinois Non-Game
16 Wildlife Protection Act, to the Alzheimer's Disease Research
17 Fund as required by the Alzheimer's Disease Research Act, to
18 the Assistance to the Homeless Fund as required by this Act,
19 to the Heritage Preservation Fund as required by the Heritage
20 Preservation Act, to the Child Care Expansion Program Fund as
21 required by the Child Care Expansion Program Act, to the Ryan
22 White AIDS Victims Assistance Fund, to the Assistive
23 Technology for Persons with Disabilities Fund, to the
24 Domestic Violence Shelter and Service Fund, to the United
25 States Olympians Assistance Fund, to the Youth Drug Abuse
26 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
27 to the Literacy Advancement Fund, to the Ryan White Pediatric
28 and Adult AIDS Fund, to the Illinois Special Olympics
29 Checkoff Fund, to the Breast and Cervical Cancer Research
30 Fund, to the Korean War Memorial Fund, to the Heart Disease
31 Treatment and Prevention Fund, to the Hemophilia Treatment
32 Fund, to the Women in Military Service Memorial Fund, to the
33 Clean Election Checkoff Fund, and to the Meals on Wheels
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1 Fund. Each form shall contain a statement that the
2 contributions will reduce the taxpayer's refund or increase
3 the amount of payment to accompany the return. Failure to
4 remit any amount of increased payment shall reduce the
5 contribution accordingly.
6 If, on October 1 of any year, the total contributions to
7 any one of the funds made under this Section do not equal
8 $100,000 or more, the explanations and spaces for designating
9 contributions to the fund shall be removed from the
10 individual income tax return forms for the following and all
11 subsequent years and all subsequent contributions to the fund
12 shall be refunded to the taxpayer.
13 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
14 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
15 8-13-95.)
16 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
17 Sec. 510. Determination of amounts contributed. The
18 Department shall determine the total amount contributed to
19 each of the following: the Child Abuse Prevention Fund, the
20 Illinois Wildlife Preservation Fund, the Community Health
21 Center Care Fund, the Assistance to the Homeless Fund, the
22 Alzheimer's Disease Research Fund, the Heritage Preservation
23 Fund, the Child Care Expansion Program Fund, the Ryan White
24 AIDS Victims Assistance Fund, the Assistive Technology for
25 Persons with Disabilities Fund, the Domestic Violence Shelter
26 and Service Fund, the United States Olympians Assistance
27 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
28 Conflict Veterans Fund, the Literacy Advancement Fund, the
29 Ryan White Pediatric and Adult AIDS Fund, the Illinois
30 Special Olympics Checkoff Fund, the Breast and Cervical
31 Cancer Research Fund, the Korean War Memorial Fund, the Heart
32 Disease Treatment and Prevention Fund, the Hemophilia
33 Treatment Fund, the Women in Military Service Memorial Fund,
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1 the Clean Election Checkoff Fund, and the Meals on Wheels
2 Fund; and shall notify the State Comptroller and the State
3 Treasurer of the amounts to be transferred from the General
4 Revenue Fund to each fund, and upon receipt of such
5 notification the State Treasurer and Comptroller shall
6 transfer the amounts.
7 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
8 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
9 8-13-95.)