SB2823 95TH GENERAL ASSEMBLY

LRB095 19977 JAM 46406 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2823

Introduced 2/15/2008, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

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
10 ILCS 5/9-10	from Ch. 46, par. 9-10
30 ILCS 105/5.708 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, 2009.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning judicial elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Judicial Campaign Reform Act.

Section 5. Definitions. In this Act:

"Allowable contribution" means a qualifying contribution, a seed money contribution, or a personal contribution authorized by this Act.

"Board" or "State Board" means the State Board of Elections.

"Candidate" means any person seeking election to the office of Judge of the Illinois Supreme Court or Judge of the Illinois Appellate Court.

"Campaign" includes the primary election campaign period and the general election campaign period.

"General election campaign period" means the period beginning on the day after the general primary election and ending on the day of the general election.

"Electioneering communication expenditure" means an expenditure for electioneering communications as that term is defined in Article 9 of the Election Code.

"Eligible candidate" means a candidate who qualifies for public financing by collecting the required number of qualifying contributions, making all required reports and disclosures, and being certified by the State Board as being in compliance with this Act.

"Excess expenditure amount" means the amount of expenditures made by a non-participating candidate in excess of the public financing benefit available to an eligible candidate for the same office that the non-participating candidate seeks.

"Excess qualifying contribution amount" means the amount of qualifying contributions accepted by a candidate beyond the number or dollar amount of contributions required to qualify a candidate for a public financing benefit.

"Exploratory period" means the period that begins one year prior to the general primary election date and ends on the day before the beginning of the primary election campaign.

"Fair election debit card" means a debit card issued by the State Treasurer in accordance with Section 65 entitling a candidate and agents of the candidate designated by the candidate to draw money from an account maintained by the State Treasurer to make expenditures authorized by law.

"Illinois Judicial Election Democracy Trust Fund" means a special fund created in the State treasury and to be used, subject to appropriation, by the State Board of Elections for the funding of campaigns for participating candidates.

"Immediate family", when used with reference to a candidate, includes the candidate's spouse, parents, and children.

"Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is made without cooperation or consultation with a candidate, or any political committee or agent of a candidate, and that is not made in concert with, or at the request or suggestion of, any candidate or any political committee or agent of a candidate.

"Non-participating candidate" means a candidate who does not apply for a public financing benefit or who otherwise is ineligible or fails to qualify for a public financing benefit under this Act.

"Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.

"Primary election campaign period" means the period beginning 30 days after the last day prescribed by law for filing nomination papers and ending on the day of the general primary election.

"Public financing qualifying period" means the period beginning on the first day of July of an odd-numbered year and ending on the day before the beginning of the primary election campaign period for the office of Judge of the Illinois Supreme Court or Judge of the Illinois Appellate Court.

"Qualifying contribution" means a contribution between $5 and $25 to a candidate made by a resident, at least 18 years old, of the district in which the candidate seeks office and made during the public financing qualifying period that is acknowledged by written receipt identifying the contributor. An individual may make only one qualifying contribution per candidate.

"Qualifying report" is a list of all individual qualifying contributions.

"Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate during the exploratory period or the public financing qualifying period or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under Section 30 during the exploratory period or the public financing qualifying period.

Section 10. Qualification; certification.

(a) Before a candidate for nomination in the general primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate must apply to the State Board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of this Act throughout the applicable campaign, including the general primary election and the general election. A candidate must file the application and statement no later than the beginning of the primary election campaign.

(b) The Board shall certify a candidate as an eligible candidate for receipt of public financing for a primary election if the candidate complies with subsection (a) and receives a number of qualifying contributions at least equal to 0.15% of the number of ballots cast in the judicial district in the last gubernatorial election from individual qualifying contributors before the close of the public financing qualifying period. The State Board may require candidates to file lists of qualifying contributions in electronic format. If so required, the State Board shall either (i) provide, without charge, all software necessary to comply with this requirement or (ii) ensure that the necessary software is commonly available to the public at minimal cost.

(c) The State Board shall verify a candidate's compliance with the requirements of subsection (b) by any verification and sampling techniques that the State Board considers appropriate.

(d) Each candidate shall acknowledge each qualifying contribution by a receipt to the contributor that contains the contributor's name and home address. A candidate shall file a qualifying report with the State Board of Elections.

(e) A qualifying contribution may be used only for the purpose of making an expenditure authorized by law.

Section 15. Time of application; general election.

(a) Before a candidate may be certified as eligible for receipt of public financing for a general election, the candidate must apply to the Board and file a sworn statement that the candidate has fulfilled all the requirements of this Act during the primary election campaign period, has won the nomination in the general primary, and will comply with the requirements of this Act during the general election campaign period. The application must be filed no later than the 7th day after the date of the general primary election.

(b) The Board shall certify a candidate as an eligible candidate for receipt of public financing for a general election campaign period if the candidate complies with subsection (a) and the candidate was an eligible candidate during the primary election campaign period.

(c) In the event that more than one candidate files an application for the general election, the Board shall accept applications from all candidates who comply with subsection (a) but shall postpone the declaration of eligibility for the general election until after the general primary results are certified. After the results have been certified, if the nominee filed an application under subsection (a), the Board shall declare that candidate eligible for the general election.

Section 20. Agreement by candidate. An eligible candidate who accepts a public financing benefit under this Act during the primary election campaign period must agree to comply with all requirements of this Act throughout the general election campaign period as a precondition to receipt of public financing. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of this Act during the corresponding general election campaign period.

Section 25. Requirements placed upon eligible candidates.

(a) An eligible candidate may not accept private contributions other than seed money contributions and qualifying contributions.

(b) In addition to reports required to be filed under the Election Code, a candidate who receives a public financing benefit must furnish complete financial records, including records of seed money contributions, qualifying contributions, and expenditures on the last day of each month.

(c) In addition to adhering to requirements imposed under the Election Code, a candidate who receives a public financing benefit must maintain records of all contributions of at least $5, including seed money contributions and qualifying contributions. These records shall contain the full name of the contributor and the contributor's full home address.

(d) The failure to record or provide the information specified in subsection (c) disqualifies a contribution from counting as a qualifying contribution.

(e) No eligible candidate and no person acting on a candidate's behalf may accept any contribution that is not recorded in accordance with subsection (c) in a candidate's campaign account.

(f) No eligible candidate may accept more than $25 in cash from any contributor.

Section 30. Personal funds of candidates.

(a) The personal funds of an eligible candidate contributed as seed money contributions may not exceed an aggregate amount of $10,000. For the purpose of this Section, "personal funds" includes funds from the candidate's immediate family.

(b) No eligible candidate may make any expenditure derived from personal funds after the close of the public financing qualifying period.

(c) Eligible candidates shall not loan personal funds to their campaign.

Section 35. Seed money contributions.

(a) An eligible candidate may accept seed money contributions from any individual or political committee before the end of the public financing qualifying period, provided the total contributions from one contributor, except personal funds and qualifying contributions otherwise permitted under this Act, do not exceed $100 and the aggregate contributions, including personal funds but not including qualifying contributions, do not exceed $30,000.

(b) An eligible candidate shall make expenditures from seed money contributions only during the exploratory period and the public financing qualifying period.

Section 40. Excess contributions. An amount equivalent to the excess contributions shall be deducted by the Board from the candidate's public financing benefit. A candidate shall return to the Board all seed money and personal contributions, including in-kind contributions, that exceed the limits prescribed in Section 35 within 48 hours after the end of the exploratory period. The Board shall deposit all contributions returned under this Section into the Illinois Judicial Election Democracy Trust Fund.

Section 45. Certification by candidate; line of credit.

(a) To apply for a public financing benefit, a candidate must certify to the State Board that the candidate has complied and will comply, throughout the applicable campaign, with all requirements of this Act and that all disclosures required at the time of application have been made. The candidate must present evidence of the requisite number of qualifying contributions received by the candidate. The candidate's request for certification must be signed by the candidate and the treasurer of the candidate's political committee.

(b) The Board shall distribute to each eligible candidate at the general primary election a line of credit for public financing promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period; provided, however, that no candidate may use a line of credit distributed under this subsection until the beginning of the primary election campaign period.

(c) The Board must distribute to each eligible candidate in the general election a line of credit for public financing not later than the earlier of (i) 48 hours after the official canvass and proclamation under Section 22-7 of the Election Code or (ii) 21 days after the date of the general primary election. No candidate may receive a line of credit until all candidates for Judge of the Illinois Supreme Court who apply and qualify for a public financing benefit have been certified as eligible candidates.

(d) If any candidate who receives a public financing benefit violates the requirements of this Act, the candidate shall be subject to the penalties and enforcement outlined in Section 70. The Board shall deposit all repayments received under this subsection into the Illinois Judicial Election Democracy Trust Fund.

Section 50. Public financing benefits.

(a) The State Board must provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or general election campaign period separate lines of credit for the primary and general election campaign periods in the amounts specified in this Section subject to any required adjustment under Section 40, 55, 60, or 80. An eligible candidate may use this credit to finance any lawful expenditures during the primary and general election campaign periods. An eligible candidate may not use this credit to repay any loan in violation of this Act or any other applicable law.

(b)(1) The total public financing benefit available to eligible candidates for the office of Judge of the Illinois Supreme Court for the primary and general elections shall be $750,000, subject to adjustment by subsection (e) of this Section.

(2) The total public financing benefit available to eligible candidates for the office of Judge of the Illinois Appellate Court for the primary and general elections shall be $250,000, subject to adjustment by subsection (e) of this Section.

(c) Matching funds that become available due to Section 55 or Section 60 are not counted toward the public financing benefit. Eligible candidates may decide the allocation of their benefit between the primary election campaign period and the general election campaign period, provided that no candidate may allocate less than 20% or more than 80% during the primary election campaign period, nor may a candidate allocate more than 80% during the general election campaign period. Any portion of the benefit allocated but unspent or uncommitted for expenses at the close of the primary election campaign period is forfeited and may not be spent during the general election campaign period.

(d)(1) An eligible candidate who is unopposed, other than by write-in candidates, in a primary election shall receive a public financing allocation of $50,000 for the primary election campaign period.

(2) Instead of the benefit in subsection (b), an eligible candidate who is unopposed, other than by write-in candidates, in a general election shall receive a public financing allocation of $75,000 for the general election campaign period.

(e) Beginning on April 1, 2009 and every 2 years thereafter, the Board shall modify the public financing benefits provided for in subsection (b) to adjust for the change in the Consumer Price Index, All Items, U. S. City Average, published by the United States Department of Labor for the preceding 2-year period ending on December 31.

Section 55. Reports on financial activity.

(a) In addition to other reports required by law, all candidates in the general primary election or the general election who receive contributions or make or obligate to make expenditures in an amount more than 5% greater than the public financing benefit applicable to an eligible candidate for the same office shall file a report with the Board itemizing the total contributions received and expenditures made or obligated to be made by the candidate as of the date of the report. The Board shall transmit copies of the report to all candidates for that office and make the report available to the public in the manner of semi-annual disclosure reports. After filing that initial report, the candidate shall file additional reports after the candidate makes or obligates to make each additional $1,000 of expenditures. If the contributions are received or the expenditures are made or obligated to be made more than 6 weeks before the date of the general primary election or general election at which the name of the candidate appears on the ballot, the reports must be made by the date 6 weeks prior to the next election. If the contributions are received or the expenditures are made or obligated to be made within 6 weeks before the date of the general primary election or general election at which the name of the candidate appears on the ballot, the reports must be made within 24 hours after each instance in which a contribution is received or an expenditure is made or obligated to be made.

(b) Upon receipt of the information, the Board shall immediately notify all opposing eligible candidates. If an opposing candidate makes expenditures or becomes obligated to make expenditures that exceed the public financing benefit, an eligible candidate may request matching funds up to the amount by which the expenditures or obligations of the opposing candidate exceed the public financing benefit. If an eligible candidate requests these matching funds, the Board shall immediately credit his or her account with an additional line of credit equivalent to the request, provided that the sum total of matching funds credited to the candidate in the primary election campaign period and the general election campaign period for independent expenditures, electioneering communication expenses under Section 60, and non-participating expenses may not exceed the value of the public financing benefit. Any matching funds requested but not spent or committed at the conclusion of the primary election campaign period are forfeited and may not be spent during the general election campaign period.

Section 60. Independent expenditures and electioneering communications.

(a) If any person makes, or becomes obligated to make, by oral or written agreement an independent expenditure or electioneering communications in excess of $3,000 with respect to a candidate in a general primary or general election, that person shall file with the Board a notice of such expenditure or obligation to make such an expenditure. Any such person must file reports of the expenditures or obligations to make the expenditures on the last day of the month that immediately follows the date of the expenditure or the obligation to make the expenditure, except that, within 6 weeks before the date of the general primary election or general election, the person must file the reports within 24 hours after each such expenditure or communication is made or obligated to be made. Any such person must file additional reports after each additional $1,000 of expenditures are made or obligated to be made.

(b) If the aggregate of independent expenditures and electioneering communication expenditures against an eligible candidate or for the opponents of that candidate exceed 10% of the public financing benefit for that office in any campaign, an eligible candidate may request matching funds of up to the amount of the independent expenditure or electioneering communication expense. If a candidate requests matching funds, the Board must immediately credit that candidate's account with an additional line of credit equivalent to the amount requested, provided that the sum total of matching funds credited to the candidate in the primary election campaign period and the general election campaign period for independent expenditures, electioneering communication expenses, and non-participating expenses under Section 55 may not exceed the value of the public financing benefit. Any matching funds requested but not spent or committed at the conclusion of the primary election campaign period are forfeited and may not be spent during the general election campaign period.

Section 65. Illinois Judicial Election Democracy Trust Fund.

(a) All moneys collected under Sections 40, 45, and 70 of this Act shall be deposited into the Illinois Judicial Election Democracy Trust Fund and may be used by the State Board of Elections for the purposes of this Act. The State Treasurer, in consultation with the Board, shall contract with a debit card issuer to permit eligible candidates and their agents to draw upon moneys appropriated from the Trust Fund through an account with the card issuer.

(b) Upon a determination of a candidate's eligibility for a public financing benefit as provided for in subsection (a) of Section 45, the State Treasurer must issue to the eligible candidate a debit card, known as the fair election debit card, entitling the candidate and agents of the candidate designated by the candidate to draw money from an account to make expenditures on behalf of the candidate.

(c) No eligible candidate or agent of an eligible candidate may make any expenditure by any means other than through the use of the fair election debit card. No such candidate or agent may use a fair election debit card to obtain cash, except that cash amounts of $100 or less may be drawn on the fair election debit card and used to make expenditures of no more than $25 each. A candidate must maintain records of all such expenditures and must report the expenditures to the State Board in accordance with Section 25.

(d) The State Board of Elections may draw upon funds in the Illinois Judicial Election Democracy Trust Fund to support the administration of the program. These funds may be used only to pay costs to the State Board that are directly associated with the administration of the program, including but not limited to, ensuring compliance with this Act and promoting the income tax checkoff. These administrative reimbursements shall be limited to 1% of the Trust Fund balance in fiscal years when there is no eligible seat on the ballot or 5% of the Trust Fund balance in fiscal years when there is an eligible seat on either a primary or general election ballot.

Section 70. Penalties; enforcement.

(a) If an eligible candidate makes expenditures that exceed the public financing benefit allocated to the candidate for any campaign, the Board shall require the candidate to forfeit to the Illinois Judicial Election Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the expenditures exceeded the allocation.

(b) The Board shall require any eligible candidate who accepts contributions in excess of any limitation set by this Act to forfeit to the Illinois Judicial Election Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the contributions exceed the applicable limitation.

(c) If the Board finds that there is reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions in violation of the Act, the Board must attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement with the candidate involved. A settlement and conciliation agreement made under this subsection is a public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under subsection (d).

(d) If the Board has reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions and the Board is unable to correct the matter by informal methods within the time prescribed in subsection (c), the Board must make a public finding of reasonable cause in the matter. After making a public finding, the Board may bring an action in the circuit court to impose a forfeiture under subsection (a) or (b).

(e) If an elector believes that a candidate has violated this Act and the elector is entitled to vote for or against the candidate in the election in connection with which the violation is alleged to have occurred, the elector may file a complaint with the Board requesting it to take remedial action. If the Board refuses to take remedial action or, within 30 days after the filing of a complaint, fails to take remedial action, the elector may commence a civil action in an appropriate circuit court requesting the court to impose a forfeiture under subsection (a) or (b).

(f) The Board and the circuit court must expedite all proceedings under this Section so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

(g) If a complaint brought under this Section is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the circuit court may assess costs, including reasonable attorney fees, against the complainant.

Section 75. Prohibited acts.

(a) If an eligible candidate or agent of an eligible candidate knowingly accepts more contributions than the candidate is entitled to receive or makes expenditures exceeding the amount of the public financing benefit received by the candidate, the candidate or agent is guilty of a Class 3 felony.

(b) If a candidate who receives a public financing benefit, or an agent of that candidate, knowingly makes an expenditure by means other than those allowed by this Act, the candidate or agent is guilty of a Class 3 felony.

(c) If, in connection with the receipt or expenditure of a public financing benefit for an election campaign, any person knowingly provides false information to the Board, or knowingly conceals or withholds information from the Board, that person is guilty of a Class 3 felony.

Section 90. Deposits into Illinois Judicial Election Democracy Trust Fund.

(a) The Department of Revenue shall transfer to the Illinois Judicial Election Democracy Trust Fund any amounts contributed to the Illinois Judicial Election Democracy Trust Fund collected pursuant to Section 506.7 of the Illinois Income Tax Act.

(b) The Treasurer shall deposit into the Illinois Judicial Election Democracy Trust Fund all amounts collected by the clerks of courts under Section 27.10 of the Clerks of Courts Act and transferred to the Treasurer.

Section 105. Voluntary contributions. Individuals and other entities may make direct voluntary contributions to the Illinois Judicial Election Democracy Trust Fund. However, contributions may not exceed $1,000 per calendar year.

Section 110. Fund operational. The Illinois Judicial Election Democracy Trust Fund shall become operational when the Fund has attained $5,000,000.

Section 115. Severability. The provisions of this Act are severable. If any provision of this Act is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the Act that can be given effect without the invalid provision.

Section 900. The Election Code is amended by adding the heading of Article 7B and Sections 7B-5, 7B-10, 7B-15, 7B-25, 7B-30, and 7B-35 and by changing Sections 9-1.5 and 9-10 as follows:

(10 ILCS 5/Art. 7B heading new)

ARTICLE 7B.

JUDICIAL CAMPAIGN CONTRIBUTION LIMITS

(10 ILCS 5/7B-5 new)

Sec. 7B-5. Definitions. As used in this Article:

"Association" means any group, club, meeting, collective, membership organization, or collection of persons other than a corporation or labor organization, or any entity organized under Sections 501 or 527 of the Internal Revenue Code, except that an association does not include a political committee organized under Article 9 that qualifies as a judicial fund under this Article.

"Board" means the State Board of Elections.

"Candidate" or "judicial candidate" means any person who seeks nomination for election to, election to, or retention in judicial office, whether or not the person is nominated, elected, or retained. A person seeks nomination for election, election, or retention if he or she (i) takes the action necessary under the laws of this State to attempt to qualify for nomination for election to, election to, or retention in judicial office or (ii) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election to, election to, or retention in judicial office.

"Clearly identified" means that:

(A) The name, voice, image, or likeness of a candidate appears; or

(B) The identity of the candidate is apparent by unambiguous reference.

"Contribution" means:

(A) Any contribution as that term is defined in Article 9, or

(B) A payment for any activity in support of or in opposition to any judicial candidate or for electioneering communications in relation to any judicial candidate if such activity or communications is conducted in concert or cooperation with the political committee of any judicial candidate.

(C) The term "contribution" shall not include:

(i) Communications on any subject by a corporation to its stockholders and executive or administrative personnel and their families, or by a labor organization to its members and their families, or by an association to its members and their families.

(ii) Nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families, or by an association aimed at its members and their families.

(iii) The establishment, administration, and solicitation of contributions to a separate segregated fund to be used for political purposes by a corporation, labor organization, or association.

(iv) A secured loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, provided that the security for the loan, if provided by a person other than the candidate or his or her committee, would qualify as a contribution or expenditure.

(v) A distribution of funds from the Illinois Judicial Election Democracy Trust Fund.

"Corporation" includes a limited liability company, partnership, professional practice, cooperative, or sole proprietorship, whether organized on a for-profit or non-profit basis.

"Election" means:

(A) A general primary election or general election, or

(B) A retention election as that term is used in Article 7A.

"Election period" means any of:

(A) The period beginning one year prior to the date of any general primary election for a judicial office and ending the day of the general primary election;

(B) The period beginning on the day after the general primary election for a judicial office and ending 90 days after the general election for that judicial office; or

(C) The period beginning on the date on which a sitting judge declares for retention and ending 90 days after the retention election.

"Expenditure" means:

(A) Any expenditure as that term is defined in Article 9, or

(B) Any contract, promise, or agreement, whether written or oral, to make an expenditure in concert or cooperation with the political committee of a judicial candidate, regardless of when the funds are actually disbursed.

"Independent expenditure" means an expenditure by a person:

(A) Expressly advocating the election or defeat of a clearly identified candidate or engaging in electioneering communications in relation to a candidate; and

(B) That is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate's designated political committee, or agents of the candidate or committee.

"Judicial fund" means any political committee, organized under Article 9, that receives contributions only from donors aggregating not more than the amount designated in Section 7B-15.

"Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

"Natural person" means any one human being.

"Person" includes an individual, trust, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, including a political committee organized under Article 9.

(10 ILCS 5/7B-10 new)

Sec. 7B-10. Designated political committee.

(a) Each candidate shall designate in writing one and only one judicial fund to serve as the political committee of the candidate. The designation is irrevocable for the duration of the candidacy and shall be filed with the State Board of Elections.

(b) The name of the designated committee shall include the name of the candidate who designated the committee under subsection (a). No political committee that is not a designated committee may include the name of that candidate in its name.

(c) All designations required to be filed under this Article shall be filed with the Board. The Board shall retain these designations and make them available for public inspection and copying in the same manner as statements of organization required under Article 9.

(10 ILCS 5/7B-15 new)

Sec. 7B-15. Limitation on contributions.

(a) No person shall make contributions to a candidate-designated political committee, except that:

(1) Natural persons may contribute no more than $2,000 per election period.

(2) Judicial funds established by a State political party may contribute not more than $20,000 during the election period that includes the general election, provided that all committees established by a State political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Any other judicial fund may contribute no more than $5,000 during an election period.

(4) A corporation, labor organization, or association may contribute from its own treasuries no more than $2,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(b) No contributor may contribute in aggregate more than $20,000 to judicial funds during any election period.

(c) On January 1 of every odd-numbered year, the State Board of Elections shall adjust the limits established in subsection (a) for inflation as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor and rounded to the nearest $100.

(d) In any instance where (i) a corporation and any of its subsidiaries, branches, divisions, departments, or local units; (ii) a labor organization and any of its subsidiaries, branches, divisions, departments, or local units; or (iii) an association or any of its affiliates, subsidiaries, branches, divisions, departments, or local units contribute to a candidate's political committee, all such contributions shall be treated as from a single donor for the purposes of subsection (a).

(e) For the purposes of the limitations provided by subsection (a), a candidate's designated political committee and any other committee directly or indirectly established, financed, maintained, or controlled by that candidate, or working in concert or cooperation with the candidate's designated committee, shall be considered to be a single political committee.

(f) With respect to expenditures:

(1) Expenditures made by any person in concert or cooperation with, or at the request or suggestion of, a candidate, his or her designated committee, or their agents shall be considered a contribution to the candidate's designated committee and, together with all other contributions from that same source, are subject to the limits of this Section.

(2) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committee, or their designated agents shall be considered to be a contribution to the candidate's designated committee for the purposes of this subsection and, together with all other contributions from that same source, are subject to the limits of this Section.

(g) For the purposes of the limitations designated by this Section, all contributions made by a person, either directly or indirectly, to a particular candidate's designated committee, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, shall be treated as contributions from the person to the candidate-designated committee. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the Board and to the intended recipient.

(h) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this Section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate or knowingly make any expenditure in support of or opposition to a candidate or for electioneering communications in relation to a candidate in violation of any limitation designated for contributions and expenditures under this Section.

(10 ILCS 5/7B-25 new)

Sec. 7B-25. Prohibition of anonymous contributions and contributions in the name of another.

(a) No person shall make a contribution in the name of another person or knowingly permit his or her name to be used to effect such a contribution.

(b) No person shall knowingly accept a contribution made by one person in the name of another person.

(c) No person shall knowingly accept reimbursement from another person for a contribution made in his or her own name.

(d) No person shall make an anonymous contribution.

(e) No person shall knowingly accept any anonymous contribution.

(f) No person shall predicate (i) any benefit, including but not limited to employment decisions including hiring, promotions, bonus compensation, and transfers, or (ii) any other gift, transfer, or emolument upon (1) the decision by the recipient of that benefit to donate or not to donate to a candidate or (2) the amount of any such donation.

(g) Anonymous contributions shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer.

(h) Immediately upon discovery that it has received contributions given in the name of another, the recipient shall redesignate the contributions according to their true origin. A committee may retain such contributions only once the true origin of the donation has been reported, subject to any other provisions of this Article, unless the committee knew that the true donor was disguising his or her identify at the time of the original receipt. If the committee knew at the time of original receipt that the true donor was disguising his or her identity, the funds shall escheat to the State and the Board shall assess an additional penalty of at least $1,000 and not more than $5,000 for a first violation and of at least $3,000 and not more than $10,000 for second and subsequent violations.

(10 ILCS 5/7B-30 new)

Sec. 7B-30. Complaints.

(a) The Board may receive complaints alleging that a violation of this Article has occurred. The Board may bring complaints and investigations on its own initiative when the Board has reason to believe that a violation of this Article has occurred.

(b) Upon receipt of a complaint, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds. The closed preliminary hearing shall be conducted as soon as practicable after affording reasonable notice, a copy of the complaint, and an opportunity to testify at the hearing to both the person making the complaint and the person against whom the complaint is directed. If the Board determines that the complaint has not been filed on justifiable grounds, it shall dismiss the complaint without further hearing.

(c) The Board shall have the authority to promulgate procedural rules governing the filing and hearing of complaints under this Section that are not inconsistent with this Article.

(d) In addition to any other penalties authorized by this Section, the State Board of Elections, any political committee, or any person may apply to the circuit court for a temporary restraining order or a preliminary or permanent injunction against a political committee, judicial fund, or entity, whether registered with the Board under this Article or not, to cease the expenditure of funds and to cease operations until the committee, judicial fund, or entity is in compliance with this Article.

(10 ILCS 5/7B-35 new)

Sec. 7B-35. Penalties. In addition to any other penalties established by this Article or other law:

(1) All contributions in violation of this Article escheat to the State;

(2) Any person who knowingly violates any of the provisions of this Article shall be fined the greater of $10,000 or three times the value of the illegal contribution or expenditure; and

(3) The Board shall provide a written basis for any decision issued under this Article. In the event that the Board fails to make a final determination, or if a majority of the Board is unable to agree on a final determination, within 90 days after the filing of the complaint, then the complainant, within 180 days after the filing of the complaint, may bring a cause of action in any circuit court of the State for de novo review.

(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)

Sec. 9-1.5. Expenditure defined.

"Expenditure" means-

(1) a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value, in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy. "Expenditure" also includes a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents. However, expenditure does not include -

(a) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate-related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period;

(b) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.

(2) a transfer of funds between political committees.

(3) a payment for electioneering communications.

(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; 93-847, eff. 7-30-04.)

(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)

Sec. 9-10. Financial reports.

(a) The treasurer of every state political committee and the treasurer of every local political committee shall file with the Board, and the treasurer of every local political committee shall file with the county clerk, reports of campaign contributions, and semi-annual reports of campaign contributions and expenditures on forms to be prescribed or approved by the Board. The treasurer of every political committee that acts as both a state political committee and a local political committee shall file a copy of each report with the State Board of Elections and the county clerk. Entities subject to Section 9-7.5 shall file reports required by that Section at times provided in this Section and are subject to the penalties provided in this Section.

(b) This subsection does not apply with respect to general primary elections. Reports of campaign contributions shall be filed no later than the 15th day next preceding each election in connection with which the political committee has accepted or is accepting contributions or has made or is making expenditures. Such reports shall be complete as of the 30th day next preceding each election. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. However, a continuing political committee that does not make expenditures in excess of $500 on behalf of or in opposition to any candidate or public question on the ballot at an election shall not be required to file the reports prescribed in this subsection (b) and subsection (b-5) but may file in lieu thereof a Statement of Nonparticipation in the Election with the Board or the Board and the county clerk ; except that if the political committee, by the terms of its statement of organization filed in accordance with this Article, is organized to support or oppose a candidate or public question on the ballot at the next election or primary, that committee must file reports required by this subsection (b) and by subsection (b-5).

(b-5) Notwithstanding the provisions of subsection (b) and Section 1.25 of the Statute on Statutes, any contribution of more than $500 received (i) with respect to elections other than the general primary election, in the interim between the last date of the period covered by the last report filed under subsection (b) prior to the election and the date of the election or (ii) with respect to general primary elections, in the period beginning January 1 of the year of the general primary election and prior to the date of the general primary election shall be filed with and must actually be received by the State Board of Elections within 2 business days after receipt of such contribution. A continuing political committee that does not support or oppose a candidate or public question on the ballot at a general primary election and does not make expenditures in excess of $500 on behalf of or in opposition to any candidate or public question on the ballot at the general primary election shall not be required to file the report prescribed in this subsection unless the committee makes an expenditure in excess of $500 on behalf of or in opposition to any candidate or public question on the ballot at the general primary election. The committee shall timely file the report required under this subsection beginning with the date the expenditure that triggered participation was made. The State Board shall allow filings of reports of contributions of more than $500 under this subsection (b-5) by political committees that are not required to file electronically to be made by facsimile transmission. For the purpose of this subsection, a contribution is considered received on the date the public official, candidate, or political committee (or equivalent person in the case of a reporting entity other than a political committee) actually receives it or, in the case of goods or services, 2 business days after the date the public official, candidate, committee, or other reporting entity receives the certification required under subsection (b) of Section 9-6. Failure to report each contribution is a separate violation of this subsection. In the final disposition of any matter by the Board on or after the effective date of this amendatory Act of the 93rd General Assembly, the Board may impose fines for violations of this subsection not to exceed 100% of the total amount of the contributions that were untimely reported, but in no case when a fine is imposed shall it be less than 10% of the total amount of the contributions that were untimely reported. When considering the amount of the fine to be imposed, the Board shall consider, but is not limited to, the following factors:

(1) whether in the Board's opinion the violation was committed inadvertently, negligently, knowingly, or intentionally;

(2) the number of days the contribution was reported late; and

(3) past violations of Sections 9-3 and 9-10 of this Article by the committee.

Notwithstanding paragraphs (1), (2), and (3), if the committee failed to report expenditures that could trigger matching funds under the Judicial Campaign Reform Act, then the State Board may assess a fine for each violation not to exceed $10,000 plus the value of the unreported expense.

(c) In addition to such reports the treasurer of every political committee shall file semi-annual reports of campaign contributions and expenditures no later than July 20th, covering the period from January 1st through June 30th immediately preceding, and no later than January 20th, covering the period from July 1st through December 31st of the preceding calendar year. Reports of contributions and expenditures must be filed to cover the prescribed time periods even though no contributions or expenditures may have been received or made during the period. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.

(c-5) A political committee that acts as either (i) a State and local political committee or (ii) a local political committee and that files reports electronically under Section 9-28 is not required to file copies of the reports with the appropriate county clerk if the county clerk has a system that permits access to, and duplication of, reports that are filed with the State Board of Elections. A State and local political committee or a local political committee shall file with the county clerk a copy of its statement of organization pursuant to Section 9-3.

(d) A copy of each report or statement filed under this Article shall be preserved by the person filing it for a period of two years from the date of filing.

(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07.)

Section 905. The State Finance Act is amended by adding Section 5.708 as follows:

(30 ILCS 105/5.708 new)

Sec. 5.708. The Illinois Judicial Election Democracy Trust Fund.

Section 910. The Illinois Income Tax Act is amended by changing Section 509 and by adding Section 506.7 as follows:

(35 ILCS 5/506.7 new)

Sec. 506.7. Designation of tax to the Illinois Judicial Election Democracy Trust Fund. The Department shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Judicial Election Democracy Trust Fund, as authorized by this amendatory Act of the 95th General Assembly, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of the increased payment shall reduce the contribution accordingly. This Section does not apply to any amended return. This tax checkoff applies to income tax forms for taxable years 2009 and thereafter.

(35 ILCS 5/509) (from Ch. 120, par. 5-509)

Sec. 509. Tax checkoff explanations. All individual income tax return forms shall contain appropriate explanations and spaces to enable the taxpayers to designate contributions to the funds to which contributions may be made under this Article 5.

Each form shall contain a statement that the contributions will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly.

If, on October 1 of any year, the total contributions to any one of the funds made under this Article 5, except the Illinois Judicial Election Democracy Trust Fund, do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer.

(Source: P.A. 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; 95-435, eff. 8-27-07.)

Section 915. The Clerks of Courts Act is amended by adding Section 27.15 as follows:

(705 ILCS 105/27.15 new)

Sec. 27.15. Illinois Judicial Election Democracy Trust Fund. The clerk shall transfer $1 from each filing or appearance fee paid in accordance with Section 27.1, 27.1a, 27.2, or 27.2a to the State Treasurer for deposit into the Illinois Judicial Election Democracy Trust Fund. To defray that expense, the county board may, by resolution, require the clerk of the circuit court in the county to charge and collect an Illinois Judicial Election Democracy Trust Fund fee of not more than $1, which shall be paid at the time that any filing or appearance fee is paid. The fee shall be collected in the manner in which all other fees or costs are collected. Each clerk shall commence the charges and collection upon receipt of written notice from the chairman of the county board together with a certified copy of the board's resolution. The clerk shall file the resolution of record in his or her office. The fee shall be in addition to all other fees and charges of the clerks, shall be assessable as costs, and may be waived only if the judge specifically provides for the waiver of the Illinois Judicial Election Democracy Trust Fund fee. The fees shall be remitted monthly by the clerk for deposit into the Illinois Judicial Election Democracy Trust Fund.

Section 999. Effective date. This Act takes effect January 1, 2009.