Rep. William D. Burns
Filed: 3/27/2009
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1 | AMENDMENT TO HOUSE BILL 1390
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2 | AMENDMENT NO. ______. Amend House Bill 1390 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Lincoln Act. | ||||||
6 | Section 1.5. Definitions. As used in this Act: | ||||||
7 | (1) "Board" means the State Board of Elections. | ||||||
8 | (2) "Fund" means the Citizens' Election Fund established in | ||||||
9 | Section 2 of this Act. | ||||||
10 | (3) "Depository account" means the single checking account | ||||||
11 | at the depository institution designated as the depository for | ||||||
12 | permitted contributions from natural persons and funds | ||||||
13 | received from the Citizens' Election Fund. | ||||||
14 | (4) "Immediate family", when used with reference to a | ||||||
15 | candidate, includes the candidate's spouse, parents, and | ||||||
16 | dependent children. |
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1 | (5) "Personal funds" means funds contributed by a candidate | ||||||
2 | or a member of a candidate's immediate family. | ||||||
3 | (6) "Natural person" means any one human being. | ||||||
4 | (7) "General election cycle" means that period beginning | ||||||
5 | with the day after the general primary and concluding the | ||||||
6 | December 31 after the general election. | ||||||
7 | (8) " General primary election cycle" means that period | ||||||
8 | beginning with January 1 of the year after the general election | ||||||
9 | and leading up to the first Tuesday in February. | ||||||
10 | (9) "Contested general primary election" and "contested | ||||||
11 | general election" mean a primary or a general election in which | ||||||
12 | 2 or more candidates are certified to have their names printed | ||||||
13 | on the ballot by the Board. | ||||||
14 | (10) "Uncontested general primary election" and | ||||||
15 | "uncontested general election" means a primary or a general | ||||||
16 | election in which only one candidate has been certified to have | ||||||
17 | his or her name printed on the ballot by the Board. If a | ||||||
18 | candidate for nomination or election has an opponent who is | ||||||
19 | exempted from filing a disclosure with the Board, as specified | ||||||
20 | by the Illinois Campaign Disclosure Act, that race shall also | ||||||
21 | be considered uncontested. | ||||||
22 | (11) "Candidate" means a qualified candidate for any of the | ||||||
23 | following offices: | ||||||
24 | (i) Governor; | ||||||
25 | (ii) Lieutenant Governor; | ||||||
26 | (iii) Attorney General; |
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1 | (iv) Secretary of State; | ||||||
2 | (v) Comptroller; | ||||||
3 | (vi) Treasurer; | ||||||
4 | (vii) State Senator; or | ||||||
5 | (viii) State Representative. | ||||||
6 | (12) "Qualified candidate" means any individual who seeks | ||||||
7 | nomination to public office through a political party or | ||||||
8 | election to a public office as a candidate of a political party | ||||||
9 | or as an independent candidate for public office. A person is | ||||||
10 | considered a candidate only if he or she takes the actions | ||||||
11 | necessary as required by the Election Code to qualify as a | ||||||
12 | candidate for public office and is certified by the State Board | ||||||
13 | of Elections to have his or her name placed on a ballot for | ||||||
14 | election. | ||||||
15 | (13) "Clean election candidate" means a "qualified | ||||||
16 | candidate" for public office who participates in the Citizens' | ||||||
17 | Election Program. | ||||||
18 | (14) "Non-participating candidate" means a "qualified | ||||||
19 | candidate" for public office who opts out or is disqualified | ||||||
20 | from the Citizens' Election Program. | ||||||
21 | (15) "Qualifying report" is a list of all qualifying | ||||||
22 | contributors and the dates and amounts of each of their | ||||||
23 | contributions. Candidates may list more contributions on their | ||||||
24 | qualifying report than are necessary to establish eligibility | ||||||
25 | for receipt of an initial public financing benefit. Any | ||||||
26 | contributors listed on a qualifying report over and above the |
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1 | minimum number necessary to establish eligibility shall be | ||||||
2 | deemed for the purpose of matching funds. | ||||||
3 | (16) "Primary election campaign period" means the period | ||||||
4 | beginning 30 days after the last day prescribed by law for | ||||||
5 | filing nomination papers and ending on the day of the general | ||||||
6 | primary election. | ||||||
7 | (17) "Public financing qualifying period" means, for | ||||||
8 | candidates seeking the nomination of an established party in a | ||||||
9 | general primary election, the period beginning on the first day | ||||||
10 | of July of an odd-numbered year and ending on the day before | ||||||
11 | the beginning of the primary election campaign period. For all | ||||||
12 | other candidates, the period beginning on the first day of July | ||||||
13 | in an odd-numbered year and ending 7 days after the last date | ||||||
14 | for nomination of candidates as set forth in Section 10-6 of | ||||||
15 | the Election Code. | ||||||
16 | Section 2. Citizens' Election Fund. The Citizens' Election | ||||||
17 | Fund is created as a special fund. The fund may contain any | ||||||
18 | moneys required by law to be deposited into the fund. The State | ||||||
19 | Comptroller shall administer the fund. Any balance remaining in | ||||||
20 | the fund at the end of any fiscal year shall be carried forward | ||||||
21 | in the fund for the next fiscal year. All moneys deposited into | ||||||
22 | the fund shall be used for the purposes of this Act, including | ||||||
23 | but not limited to ensuring compliance with this Act and | ||||||
24 | promoting the income tax checkoff. |
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1 | Section 3. Program established.
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2 | (a) There is established a Citizens' Election Program under | ||||||
3 | which the candidate for nomination to the office of Governor, | ||||||
4 | Lieutenant Governor, Attorney General, State Comptroller, | ||||||
5 | Secretary of State, State Treasurer, State Senator, or State | ||||||
6 | Representative may receive a grant from the Citizens' Election | ||||||
7 | Fund for the candidate's primary campaign for that nomination. | ||||||
8 | (b) Any such candidate committee is eligible to receive | ||||||
9 | such grants for a general primary campaign, if applicable, and | ||||||
10 | a general election campaign if (1) the candidate certifies as a | ||||||
11 | clean election candidate under Section 4, (2) the candidate's | ||||||
12 | committee receives the required amount of qualifying | ||||||
13 | contributions under Section 5, (3) the candidate's committee | ||||||
14 | returns all contributions that do not meet the criteria for | ||||||
15 | qualifying contributions under Section 5 to the Citizens' | ||||||
16 | Election Fund, and (4) the candidate submits an application and | ||||||
17 | the Board approves the application in accordance with the | ||||||
18 | provisions of Sections 7 and 8. | ||||||
19 | Section 4. Participation. | ||||||
20 | (a) In order to participate in the Citizens' Election | ||||||
21 | Program, candidates for nomination or election to the office of | ||||||
22 | Governor, Lieutenant Governor, Attorney General, State | ||||||
23 | Comptroller, Secretary of State, State Treasurer, State | ||||||
24 | Senator, or State Representative shall file an affidavit with | ||||||
25 | the Board. The affidavit shall include written certifications |
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1 | (1) that the candidate is determined to abide by contribution | ||||||
2 | restrictions under the Citizens' Election Program set forth in | ||||||
3 | this Act during both the general primary and general election; | ||||||
4 | (2) that the campaign treasurer of the candidate committee for | ||||||
5 | that candidate shall expend any moneys received from the | ||||||
6 | Citizens' Election Fund in accordance with rules adopted by the | ||||||
7 | Board; (3) that the candidate shall repay to the fund moneys up | ||||||
8 | to the amount of the grant plus matching funds received from | ||||||
9 | the Citizens' Election Fund remaining in the candidate's | ||||||
10 | depository account; and (4) stating if the candidate shall be | ||||||
11 | referred to as an established party or new party candidate and | ||||||
12 | the name of such party. A candidate for nomination or election | ||||||
13 | to any such office shall file such affidavit during the | ||||||
14 | specified public financing qualifying period. | ||||||
15 | (b) A candidate who so certifies his or her intent to abide | ||||||
16 | by the contribution restrictions under the Citizens' Election | ||||||
17 | Program set forth in this Act shall be referred to as a "clean | ||||||
18 | election candidate". | ||||||
19 | (c) In addition to reports required to be filed under the | ||||||
20 | Election Code, a candidate who receives a public financing | ||||||
21 | benefit must furnish complete financial records, including | ||||||
22 | receipts and expenditures, on the last day of each month. | ||||||
23 | (d) A clean election candidate may withdraw from | ||||||
24 | participation in the Citizens' Election Program before | ||||||
25 | applying for an initial grant under Section 7 of this Act, by | ||||||
26 | filing an affidavit with the Board, which includes a written |
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1 | certification of such withdrawal. A candidate who files such an | ||||||
2 | affidavit shall be deemed to be a non-participating candidate | ||||||
3 | for the purposes of Sections 1 to 17, inclusive, of this Act | ||||||
4 | and shall not be penalized for such withdrawal. No clean | ||||||
5 | election candidate shall withdraw from participation in the | ||||||
6 | Citizens' Election Program after applying for an initial grant | ||||||
7 | under Section 7 of this Act. | ||||||
8 | (e) The campaign treasurer must submit reporting slips and | ||||||
9 | an amount equal to the sum of the contributions collected to | ||||||
10 | the Board throughout the general primary and general election | ||||||
11 | cycles. The 3-part reporting slip, as defined in this | ||||||
12 | subsection, shall include the printed name, registration | ||||||
13 | address, and signature of the contributor, the name of the | ||||||
14 | candidate for whom the contribution is made, the date, and the | ||||||
15 | printed name and signature of the solicitor. If a contribution | ||||||
16 | is received unsolicited, the candidate or contributor or | ||||||
17 | campaign treasurer may sign the contribution form as the | ||||||
18 | solicitor. Nothing in this Act shall prohibit the use of direct | ||||||
19 | mail or the Internet to obtain contributions. A copy of the | ||||||
20 | reporting slip shall be given as a receipt to the contributor, | ||||||
21 | and the candidate's campaign committee shall retain a copy. The | ||||||
22 | candidate must comply with this Act and ensure that the | ||||||
23 | original slip is tendered to the Board, a copy remains with the | ||||||
24 | candidate, and a copy is given to the contributor. Reporting | ||||||
25 | lists shall be received by the campaign treasurer not later | ||||||
26 | than 24 hours immediately preceding each required filing date. |
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1 | (f) A clean election candidate shall only be permitted to | ||||||
2 | use money received from the Citizens' Election Fund for | ||||||
3 | purposes of nomination or election. | ||||||
4 | Section 5. Qualifying contributors. | ||||||
5 | (a) The number of qualifying contributors that the | ||||||
6 | candidate committee of a candidate shall be required to receive | ||||||
7 | during the public financing qualifying period in order to be | ||||||
8 | eligible for grants from the Citizens' Election Fund shall be: | ||||||
9 | (1) In the case of a candidate for nomination or | ||||||
10 | election to the office of Governor, Lieutenant Governor, | ||||||
11 | Attorney General, State Comptroller, State Treasurer, or | ||||||
12 | Secretary of State, contributions from 3,500 natural | ||||||
13 | persons, of which 90% must reside in the State, must be | ||||||
14 | received by that candidate in order to qualify for the | ||||||
15 | Citizens' Election Program. The provisions of this | ||||||
16 | subsection shall be subject to the following: (A) the | ||||||
17 | candidate committee shall return the portion of any | ||||||
18 | contribution or contributions from any natural person, | ||||||
19 | including the candidate, that exceeds $500 and such excess | ||||||
20 | portion shall not be considered in calculating the | ||||||
21 | aggregate contribution amount under this subsection, and
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22 | (B) all contributions received by an exploratory committee | ||||||
23 | established by the candidate that meet the criteria for | ||||||
24 | qualifying contributors under this Section shall be | ||||||
25 | considered in tallying contributors; and |
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1 | (2) In the case of a candidate for nomination or | ||||||
2 | election to the office of State Senator for a district, | ||||||
3 | contributions from 1,000 natural persons, of which 90% must | ||||||
4 | reside in the State, must be received by the candidate in | ||||||
5 | order to qualify for the Citizens' Election Program. The | ||||||
6 | provisions of this subsection shall be subject to the | ||||||
7 | following: (A) the candidate committee shall return the | ||||||
8 | portion of any contribution or contributions from any | ||||||
9 | natural person that exceeds $500, and such excess portion | ||||||
10 | shall not be considered in calculating the aggregate | ||||||
11 | contribution amount under this subsection, and (B) all | ||||||
12 | contributions received by an exploratory committee | ||||||
13 | established by the candidate that meet the criteria for | ||||||
14 | qualifying contributors to candidate committees under this | ||||||
15 | Section shall be considered in tallying contributors. | ||||||
16 | (3) In the case of a candidate for nomination or | ||||||
17 | election to the office of State Representative for a | ||||||
18 | district, contributions from 500 natural persons, of which | ||||||
19 | 90% must reside in the State, must be received by the | ||||||
20 | candidate in order to qualify for the Citizens' Election | ||||||
21 | Program. The provisions of this subsection shall be subject | ||||||
22 | to the following: (A) the candidate committee shall return | ||||||
23 | the portion of any contribution or contributions from any | ||||||
24 | natural person that exceeds $500, and such excess portion | ||||||
25 | shall not be considered in calculating the aggregate | ||||||
26 | contribution amount under this subsection, and (B) all |
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1 | contributions received by an exploratory committee | ||||||
2 | established by the candidate that meet the criteria for | ||||||
3 | qualifying contributors to candidate committees under this | ||||||
4 | Section shall be considered in tallying contributors. | ||||||
5 | (4) The following shall not be deemed to be qualifying | ||||||
6 | contributions under subsection (a) of this Section and | ||||||
7 | shall be returned by the campaign treasurer of the | ||||||
8 | candidate committee to the Citizens' Election Fund: (A) a | ||||||
9 | contribution of $5 or more from a natural person who does | ||||||
10 | not provide the full name and complete address of the | ||||||
11 | person; and (B) a contribution from a person who does not | ||||||
12 | reside in the State, in excess of the applicable limit on | ||||||
13 | contributions from out-of-state natural persons in | ||||||
14 | subsection (a) of this Section. | ||||||
15 | (b) Contributions received by clean election candidates | ||||||
16 | over the set qualifying number of contributors specified in | ||||||
17 | subsection (a) would count towards the match defined in Section | ||||||
18 | 12 of this Act. | ||||||
19 | (c) A candidate or a person, who later becomes a candidate, | ||||||
20 | or an agent of that candidate, may not assist another person in | ||||||
21 | qualifying as a candidate for the same office if such a | ||||||
22 | candidacy would result in a greater distribution of funds from | ||||||
23 | the Citizens' Election Fund in a contested election, as | ||||||
24 | specified under Section 8 of this Act. | ||||||
25 | Section 6. Agreement by candidate. An eligible candidate |
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1 | who accepts funds from the Citizens' Election Fund during the | ||||||
2 | primary election campaign period must agree to comply with all | ||||||
3 | requirements of this Act throughout the general election cycle | ||||||
4 | as a precondition to receipt of public funds. An eligible | ||||||
5 | candidate who accepts a public financing benefit during a | ||||||
6 | primary election campaign period may not elect to accept | ||||||
7 | private contributions in violation of this Act during the | ||||||
8 | corresponding general election cycle. | ||||||
9 | Section 7. Application for grants. | ||||||
10 | (a) The application shall include a qualifying report, | ||||||
11 | which demonstrates that the candidate committee has received | ||||||
12 | contributions from the required number of contributors, and a | ||||||
13 | written certification that; | ||||||
14 | (1) The candidate committee has repaid all moneys | ||||||
15 | borrowed on behalf of the campaign, as required by | ||||||
16 | subsection (b) of Section 11 of this Act; | ||||||
17 | (2) The candidate committee has returned any | ||||||
18 | contribution of $5 or more from a natural person who does | ||||||
19 | not include the person's name and address with the | ||||||
20 | contribution; | ||||||
21 | (3) The candidate committee has returned all | ||||||
22 | contributions or portions of contributions that do not meet | ||||||
23 | the criteria for qualifying contributions under Section 5 | ||||||
24 | of this Act and returned all excess qualifying | ||||||
25 | contributions to the Citizens' Election Fund. That |
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1 | contribution shall not count toward the maximum amount that | ||||||
2 | a contributor may contribute. | ||||||
3 | (4) The campaign treasurer of the candidate committee | ||||||
4 | will comply with the provisions of Sections 1 to 17, | ||||||
5 | inclusive, of this Act; | ||||||
6 | (5) All moneys received from natural persons and the | ||||||
7 | Citizens' Election Fund will be deposited upon receipt into | ||||||
8 | the depository account of the candidate committee; | ||||||
9 | (6) The campaign treasurer of the candidate committee | ||||||
10 | will expend all moneys received from the fund in accordance | ||||||
11 | with the general statutes and rules adopted by the Board; | ||||||
12 | and | ||||||
13 | (7) If the candidate withdraws from the campaign, | ||||||
14 | becomes ineligible, or dies during the campaign, the | ||||||
15 | candidate committee of the candidate will return to the | ||||||
16 | Board, for deposit in the fund, all moneys received from | ||||||
17 | the fund, which that candidate committee has not spent or | ||||||
18 | encumbered as of the date of such occurrence. | ||||||
19 | (b) Conditions. | ||||||
20 | (1) A clean election candidate for nomination to the | ||||||
21 | office of Governor, Attorney General, State Comptroller, | ||||||
22 | Secretary of State, State Treasurer, State Senator, or | ||||||
23 | State Representative may apply to the Board for a grant | ||||||
24 | from the Citizens' Election Fund for a general election | ||||||
25 | campaign: | ||||||
26 | (A) After any primary held by such party for |
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1 | nomination for that office, if the Board certifies that | ||||||
2 | the candidate is the party nominee; | ||||||
3 | (B) In the case of an independent candidate, after | ||||||
4 | approval by the Board of such candidate's nominating | ||||||
5 | petition. | ||||||
6 | (2) Notwithstanding the provisions of paragraph (1) of | ||||||
7 | this subsection, no clean election candidate for | ||||||
8 | nomination or election who changes the candidate's status | ||||||
9 | as an established party or independent candidate or becomes | ||||||
10 | a candidate of a different party, after filing the | ||||||
11 | affidavit required under Section 4 of this Act, shall be | ||||||
12 | eligible to apply for a grant under the Citizens' Election | ||||||
13 | Program for such candidate's general primary campaign for | ||||||
14 | such nomination or general election campaign for such | ||||||
15 | election. | ||||||
16 | (c) The application shall be accompanied by a report of | ||||||
17 | expenditures made and expenses incurred but not yet paid by the | ||||||
18 | candidate committee as of 3 days before the date that the | ||||||
19 | application is signed. The candidate and the campaign treasurer | ||||||
20 | of the candidate committee shall swear to such accounting under | ||||||
21 | penalty of perjury. The Board shall prescribe the form of the | ||||||
22 | application and the cumulative itemized accounting. Both the | ||||||
23 | candidate and the campaign treasurer of the candidate committee | ||||||
24 | shall sign the application. | ||||||
25 | (d) Not later than 3 business days following receipt of any | ||||||
26 | such application, the Board shall review the application, |
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1 | determine whether (1) the candidate committee for the applicant | ||||||
2 | has received contributions from the required number of | ||||||
3 | contributors, (2) in the case of an application for a grant | ||||||
4 | from the fund for a general election campaign, the applicant | ||||||
5 | has met the applicable condition under subsection (b) of this | ||||||
6 | Section for applying for such grant and complied with the | ||||||
7 | provisions of subsections (a) and (c) of this Section, (3) in | ||||||
8 | the case of an application for a grant from the fund for a | ||||||
9 | general election campaign, the applicant has met the applicable | ||||||
10 | condition under subsection (a) of this Section for applying for | ||||||
11 | such moneys and complied with the provisions of subsection (c) | ||||||
12 | of this Section, and (4) in the case of an application by an | ||||||
13 | independent candidate for a grant from the fund for a general | ||||||
14 | election campaign, the applicant qualifies as an eligible | ||||||
15 | independent candidate. If the Board approves an application, | ||||||
16 | the Board shall determine the amount of the grant payable to | ||||||
17 | the candidate committee for the applicant pursuant to Section 8 | ||||||
18 | of this Act from the fund, and notify the State Comptroller and | ||||||
19 | the candidate of such candidate committee, of such amount. As | ||||||
20 | soon as practical, but in no event longer than 7 business days | ||||||
21 | following notification by the Board, the State Comptroller | ||||||
22 | shall draw an order for payment of such amount to the qualified | ||||||
23 | candidate committee from the fund. | ||||||
24 | (e) If a nominated clean election candidate dies, withdraws | ||||||
25 | the candidate's candidacy, or becomes disqualified to hold the | ||||||
26 | office for which the candidate has been nominated after the |
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1 | Board approves the candidate's application for a grant under | ||||||
2 | this Section, the candidate committee of the candidate who is | ||||||
3 | nominated to replace that candidate shall be eligible to | ||||||
4 | receive grants from the fund without complying with the | ||||||
5 | provisions of Section 5 of this Act, if that replacement | ||||||
6 | candidate files an affidavit under Section 4 of this Act | ||||||
7 | certifying the candidate's intent to abide by the contribution | ||||||
8 | limits set forth in this Act and notifies the Board on a form | ||||||
9 | prescribed by the Board. | ||||||
10 | Section 8. Grants.
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11 | (a) Governor. | ||||||
12 | (1) The clean election candidate committee of a | ||||||
13 | candidate for the office of Governor who has a general | ||||||
14 | primary for nomination to that office shall be eligible to | ||||||
15 | receive a grant from the Citizens' Election Fund for the | ||||||
16 | primary campaign in the amount of $1,250,000, that amount | ||||||
17 | to be adjusted under subsection (e) of this Section. | ||||||
18 | (2) If the clean election candidate for the office of | ||||||
19 | Governor has an uncontested general primary election, the | ||||||
20 | amount of the general primary election grant for which the | ||||||
21 | clean election candidate committee for that candidate | ||||||
22 | shall be eligible to receive is $375,000; that amount shall | ||||||
23 | be adjusted under subsection (e) of this Section. | ||||||
24 | (3) The clean election candidate committee for the | ||||||
25 | office of Governor who has been nominated shall be eligible |
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1 | to receive a grant from the fund for the general election | ||||||
2 | campaign in the amount of $3,000,000, that amount to be | ||||||
3 | adjusted under subsection (e) of this Section. | ||||||
4 | (b) Other statewide offices. | ||||||
5 | (1) The clean election candidate committee for the | ||||||
6 | office of Lieutenant Governor, Attorney General, State | ||||||
7 | Comptroller, Secretary of State or State Treasurer who has | ||||||
8 | a general primary election for nomination to that office | ||||||
9 | shall be eligible to receive a grant from the Citizens' | ||||||
10 | Election Fund for the primary campaign in the amount of | ||||||
11 | $425,000; that amount shall be adjusted under subsection | ||||||
12 | (e) of this Section. | ||||||
13 | (2) If the clean election candidate for the office of | ||||||
14 | Lieutenant Governor, Attorney General, State Comptroller, | ||||||
15 | Secretary of State, or State Treasurer has an uncontested | ||||||
16 | general primary election the amount of the general primary | ||||||
17 | election grant for which the clean election candidate | ||||||
18 | committee for that candidate shall be eligible to receive | ||||||
19 | $375,000; that amount shall be adjusted under subsection | ||||||
20 | (e) of this Section. | ||||||
21 | (3) The clean election candidate committee for the | ||||||
22 | office of Attorney General, State Comptroller, Secretary | ||||||
23 | of State, or State Treasurer who has been nominated shall | ||||||
24 | be eligible to receive a grant from the fund for the | ||||||
25 | general election campaign in the amount of $1,000,000; that | ||||||
26 | amount shall be adjusted under subsection (e) of this |
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1 | Section. | ||||||
2 | (c) State Senator. | ||||||
3 | (1) The clean election candidate committee of a | ||||||
4 | candidate for the office of State Senator who has a general | ||||||
5 | primary election for nomination to that office shall be | ||||||
6 | eligible to receive a grant from the Citizens' Election | ||||||
7 | Fund for the primary campaign in the amount of $300,000, | ||||||
8 | provided if the vote totals of one established party | ||||||
9 | candidate for Governor from the previous gubernatorial | ||||||
10 | general election in the district served by that office | ||||||
11 | exceeds any other established party's vote totals by at | ||||||
12 | least 20%, the candidate from such party shall receive a | ||||||
13 | grant of $400,000; these amounts shall be adjusted under | ||||||
14 | subsection (e) of this Section. | ||||||
15 | (2) If the clean election candidate for the office of | ||||||
16 | State Senator has an uncontested general primary election, | ||||||
17 | the amount of the general primary grant for which the | ||||||
18 | qualified candidate committee for that candidate shall be | ||||||
19 | eligible to receive is $50,000;that amount shall be | ||||||
20 | adjusted under subsection (e) of this Section. | ||||||
21 | (3) The clean election candidate committee for the | ||||||
22 | office of State Senator who has been nominated shall be | ||||||
23 | eligible to receive a grant from the fund for a contested | ||||||
24 | general election campaign in the amount of $300,000; that | ||||||
25 | amount shall be adjusted under subsection (e) of this | ||||||
26 | Section. |
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1 | (d) State Representative. | ||||||
2 | (1) The clean election candidate committee of a | ||||||
3 | candidate for the office of State Representative who has a | ||||||
4 | general primary election for nomination to that office | ||||||
5 | shall be eligible to receive a grant from the Citizens' | ||||||
6 | Election Fund for the primary campaign in the amount of | ||||||
7 | $150,000, provided if the vote totals of one established | ||||||
8 | party candidate for Governor from the previous general | ||||||
9 | gubernatorial election in the district served by that | ||||||
10 | office exceeds any other established party's vote totals by | ||||||
11 | at least 20%, the candidate from such party shall receive a | ||||||
12 | grant of $200,000; these amounts shall be adjusted under | ||||||
13 | subsection (e) of this Section. | ||||||
14 | (2) If the clean election candidate for the office of | ||||||
15 | State Representative has an uncontested general primary | ||||||
16 | election, the amount of the general primary grant for which | ||||||
17 | the clean election candidate committee for that candidate | ||||||
18 | shall be eligible to receive is $25,000; that amount shall | ||||||
19 | be adjusted under subsection (e) of this Section. | ||||||
20 | (3) The clean election candidate committee for the | ||||||
21 | office of State Representative who has been nominated shall | ||||||
22 | be eligible to receive a grant from the fund for a | ||||||
23 | contested general election campaign in the amount of | ||||||
24 | $150,000; that amount shall be adjusted under subsection | ||||||
25 | (e) of this Section. | ||||||
26 | (e) Beginning on January 1, 2013 and every 2 years |
| |||||||
| |||||||
1 | thereafter, the Board shall modify the public financing | ||||||
2 | benefits provided for in Section 8 to adjust for the change in | ||||||
3 | the Consumer Price Index, All Items, U. S. City Average, | ||||||
4 | published by the United States Department of Labor for the | ||||||
5 | preceding 2-year period ending on December 31. | ||||||
6 | (f) An independent candidate for the office of Governor, | ||||||
7 | Lieutenant Governor, Attorney General, Secretary of State, | ||||||
8 | Comptroller, Treasurer, State Senator, or State Representative | ||||||
9 | who is not seeking the nomination of an established party, | ||||||
10 | after having received approval by the Board of such candidate's | ||||||
11 | nominating petition and qualifying contributors, shall be | ||||||
12 | eligible to receive a grant from the fund in the amount of | ||||||
13 | three-quarters of the grant allocated to candidates for that | ||||||
14 | office in an uncontested general primary election during the | ||||||
15 | primary election campaign period. | ||||||
16 | (g) Increase in the grants under special circumstances. | ||||||
17 | (1) If the opposing, non-participating candidate's | ||||||
18 | excess expenditures with respect to a clean election | ||||||
19 | candidate for nomination or election exceeds the threshold | ||||||
20 | amount, the initial grant for both the general primary and | ||||||
21 | general election under this Section shall be increased in | ||||||
22 | accordance with the formula in paragraph (3). As used in | ||||||
23 | this subsection, "excess expenditure" means an expenditure | ||||||
24 | made, or obligated to be made, by a nonparticipating | ||||||
25 | candidate who is opposed by one or more clean election | ||||||
26 | candidates in a primary campaign or a general election |
| |||||||
| |||||||
1 | campaign, which is in excess of the amount of the | ||||||
2 | applicable grant for the clean election candidates for the | ||||||
3 | campaign authorized under Section 8 of this Act.
| ||||||
4 | (2) Threshold amount. | ||||||
5 | (A) In this subsection, the threshold amount with | ||||||
6 | respect to an election period of a candidate described | ||||||
7 | in paragraph (3) is an amount equal to the sum of: | ||||||
8 | (i) $100,000; and
| ||||||
9 | (ii) $0.04 multiplied by the voting age | ||||||
10 | population of the district in which the candidates | ||||||
11 | are seeking office. | ||||||
12 | (B) For the purpose of subparagraph (g) (2) (A), | ||||||
13 | the term "voting age population" means the number of | ||||||
14 | adults over the age of 18 found residing in every | ||||||
15 | county in the district or circuit by the U.S. Census | ||||||
16 | Bureau at the last preceding decennial census. | ||||||
17 | (3) If the opposing candidate's personal funds amount | ||||||
18 | is over: | ||||||
19 | (A) 2 times the threshold amount, but not over 4 | ||||||
20 | times the amount, then the match, as specified under | ||||||
21 | subsection (d) of Section 12 of this Act, shall be | ||||||
22 | increased to a 4-to-1 match and the maximum amount of | ||||||
23 | matching funds allocated, as specified under | ||||||
24 | subsection (e) of Section 12 of this Act, shall be | ||||||
25 | multiplied by 1.25. | ||||||
26 | (B) 4 times the threshold amount, but not over 10 |
| |||||||
| |||||||
1 | times the amount, then the match, as specified under | ||||||
2 | subsection (d) of Section 12 of this Act, shall be | ||||||
3 | increased to a 5-to-1 match and the maximum amount of | ||||||
4 | matching funds allocated, as specified under | ||||||
5 | subsection (e) of Section 12 of this Act, shall be | ||||||
6 | multiplied by 1.5.
| ||||||
7 | (C) 10 times the threshold amount, then the match, | ||||||
8 | as specified under subsection (d) of Section 12 of this | ||||||
9 | Act, shall be increased to a 6-to-1 match and the | ||||||
10 | maximum amount of matching funds allocated, as | ||||||
11 | specified under subsection (e) of Section 12 of this | ||||||
12 | Act, shall be multiplied by 2. | ||||||
13 | (4) If a court of competent jurisdiction prohibits or | ||||||
14 | limits any provision of subsection (g) as | ||||||
15 | unconstitutional, the provision within subsection (g) | ||||||
16 | shall be inoperative.
| ||||||
17 | (h) Notwithstanding the provisions of subsections (a) to | ||||||
18 | (g), inclusive, of this Section: | ||||||
19 | (1) The initial grant that a clean election candidate | ||||||
20 | committee for a candidate is eligible to receive under | ||||||
21 | subsections (a) to (g), inclusive, of this Section shall be | ||||||
22 | reduced by the amount of any personal funds that the | ||||||
23 | candidate provides for the candidate's campaign for | ||||||
24 | nomination or election pursuant to subsection (c) of | ||||||
25 | Section 11 of this Act. | ||||||
26 | (2) If a clean election candidate is nominated at a |
| |||||||
| |||||||
1 | general primary election and does not expend the entire | ||||||
2 | grant for the primary campaign authorized under subsection | ||||||
3 | (a), (b), (c), or (d) of this Section or all moneys that | ||||||
4 | may be received for the general primary campaign under | ||||||
5 | Section 12 of this Act, the amount of the grant for the | ||||||
6 | general election campaign shall be reduced by the total | ||||||
7 | amount of any such unexpended primary campaign grant and | ||||||
8 | moneys. | ||||||
9 | (3) If a clean election candidate has an uncontested | ||||||
10 | general election campaign, the candidate shall be eligible | ||||||
11 | to receive 30% of the applicable general election grant set | ||||||
12 | forth in subsections (a) to (d), inclusive. | ||||||
13 | Section 9. Depository accounts. The deposit of moneys from | ||||||
14 | the Citizens' Election Fund shall be transferred into the | ||||||
15 | depository account of a qualified candidate committee, no | ||||||
16 | contribution, loan, amount of the candidate's own moneys, or | ||||||
17 | any other moneys received by the candidate or the campaign | ||||||
18 | treasurer on behalf of the committee shall be deposited into | ||||||
19 | that depository account, except (1) grants from the fund, (2) | ||||||
20 | any additional moneys from the fund as provided in Section 12 | ||||||
21 | of this Act, and (3) contributions from natural persons under | ||||||
22 | $500. | ||||||
23 | Section 10. General election campaign grants. A qualified | ||||||
24 | candidate committee that received moneys from the Citizens' |
| |||||||
| |||||||
1 | Election Fund for a general primary campaign and whose | ||||||
2 | candidate is the party nominee shall receive a grant from the | ||||||
3 | fund for a general election campaign. Upon receiving | ||||||
4 | verification from the Board of the results of the votes cast at | ||||||
5 | the primary, the Board shall notify the State Comptroller of | ||||||
6 | the amount payable to such qualified candidate committee | ||||||
7 | pursuant to Section 7 of this Act. As soon as is practical, but | ||||||
8 | in no event longer than 7 business days following notification | ||||||
9 | by the Board, the State Comptroller shall draw an order for | ||||||
10 | payment of the general election campaign grant to that | ||||||
11 | committee from that fund. | ||||||
12 | Section 11. Loans; personal funds; debt.
| ||||||
13 | (a) The candidate committee for a candidate who intends to | ||||||
14 | participate in the Citizens' Election Program may borrow moneys | ||||||
15 | on behalf of a campaign for a general primary or a general | ||||||
16 | election from one or more financial institutions. The amount | ||||||
17 | borrowed shall not constitute a qualifying contribution under | ||||||
18 | Section 5 of this Act. | ||||||
19 | (b) All such loans shall be repaid in full prior to the | ||||||
20 | date such candidate committee applies for a grant from the | ||||||
21 | Citizens' Election Fund pursuant to Section 7 of this Act. A | ||||||
22 | candidate who fails to repay such loans or fails to certify | ||||||
23 | such repayment to the Board shall not be eligible to receive | ||||||
24 | and shall not receive grants from the fund. | ||||||
25 | (c) A candidate who intends to participate in the Citizens' |
| |||||||
| |||||||
1 | Election Program may provide personal funds for such | ||||||
2 | candidate's campaign for nomination or election in an amount | ||||||
3 | not exceeding the following: (1) for a candidate for the office | ||||||
4 | of Governor, $20,000; (2) for a candidate for the office of | ||||||
5 | Lieutenant Governor, Attorney General, State Comptroller, | ||||||
6 | State Treasurer, Secretary of the State, $10,000; (3) for a | ||||||
7 | candidate for the office of State Senator, $2,000; or (4) for a | ||||||
8 | candidate for the office of State Representative, $1,000: | ||||||
9 | (1) Such personal funds shall not constitute a | ||||||
10 | qualifying contribution under Section 5 of this Act. | ||||||
11 | (2) The initial grant that a qualified candidate | ||||||
12 | committee for a candidate is eligible to receive under | ||||||
13 | Section 8 of this Act shall be reduced by the amount of any | ||||||
14 | personal funds that the candidate provides for the | ||||||
15 | candidate's campaign for nomination or election. | ||||||
16 | (d) A candidate shall not incur obligations beyond funds | ||||||
17 | raised or received in accordance with this Act. | ||||||
18 | Section 12. Matching funds. | ||||||
19 | (a) Clean election candidates shall qualify to receive | ||||||
20 | matching funds from the Citizens’ Election Fund for | ||||||
21 | contributions received from natural persons, following receipt | ||||||
22 | of initial Citizens' Election Fund grants during both the | ||||||
23 | primary and general election cycles. | ||||||
24 | (b) Clean election candidates shall receive a match from | ||||||
25 | the Citizens' Election Fund on the portion of any given |
| |||||||
| |||||||
1 | contribution up to $100 from a natural person, 90% of whom must | ||||||
2 | reside in Illinois. | ||||||
3 | (c) Clean election candidates shall disclose to the Board | ||||||
4 | individual contributions received following receipt of | ||||||
5 | Citizens' Election Fund grants during both the primary and | ||||||
6 | general elections, on a schedule to be adopted by rule. | ||||||
7 | (d) The Board shall direct the State Comptroller to | ||||||
8 | allocate moneys from the Citizens' Election Fund to clean | ||||||
9 | election candidates who have continued to receive | ||||||
10 | contributions following the receipt of initial Citizens' | ||||||
11 | Election Fund grants. The matching funds from the Citizens' | ||||||
12 | Election Fund shall be allocated based upon a 3-to-1 match. | ||||||
13 | (e) Candidates may receive up to 2 times the grant received | ||||||
14 | from the Citizens' Election Fund during both the general | ||||||
15 | primary and general election cycle. | ||||||
16 | (f) Clean election candidates may continue to collect | ||||||
17 | contributions of $500 or less from natural persons, 90% of whom | ||||||
18 | must reside in Illinois, after receiving the maximum amount of | ||||||
19 | matching funds from the Citizens' Election Fund; | ||||||
20 | notwithstanding the aforementioned, no natural person may | ||||||
21 | contribute more than $500 in any given general primary or | ||||||
22 | general election to one clean election candidate. | ||||||
23 | Section 13. Creating rules regarding coordination with | ||||||
24 | candidates.
| ||||||
25 | (a) A contribution includes anything of value provided in |
| |||||||
| |||||||
1 | coordination with a candidate for the purpose of influencing | ||||||
2 | the outcome of an election. | ||||||
3 | (b) A coordinated activity is anything of value provided in | ||||||
4 | coordination with a candidate (or party or agent) to influence | ||||||
5 | an election, regardless of whether it contains express | ||||||
6 | advocacy, including payments: in consultation with, or at | ||||||
7 | request or suggestion of, a candidate, party, or agent; using | ||||||
8 | candidate-prepared materials; based on information provided by | ||||||
9 | candidate's campaign for purposes of expenditure; by a spender | ||||||
10 | who during that election cycle has raised funds or acted in an | ||||||
11 | official position for a candidate; for communications about | ||||||
12 | campaign plans, directly or through a party; for in-kind | ||||||
13 | professional services, directly or through a party, other than | ||||||
14 | for voter guide mailings; and in coordination with a candidate | ||||||
15 | to influence election regardless of whether the communication | ||||||
16 | contains express advocacy.
| ||||||
17 | Section 14. Contributions in excess of limit. If a | ||||||
18 | contribution is found to be in excess of $500 during the course | ||||||
19 | of either the primary or general election cycle, the candidate | ||||||
20 | shall notify the Board and turn over the excess contribution | ||||||
21 | within 3 business days to the Citizens' Election Fund, | ||||||
22 | otherwise: (1) the committee shall not receive any additional | ||||||
23 | grants or moneys from the fund for the remainder of the | ||||||
24 | election cycle if the Board determines that the candidate or | ||||||
25 | campaign treasurer of that committee had knowledge of the |
| |||||||
| |||||||
1 | excess contribution, (2) the campaign treasurer shall be | ||||||
2 | subject to penalties under Article 29 of the Election Code, and | ||||||
3 | (3) the candidate of that candidate committee shall be deemed | ||||||
4 | to be a non participating candidate for the purposes of | ||||||
5 | Sections 1 to 17, inclusive, of this Act if the Board | ||||||
6 | determines that the candidate or campaign treasurer of that | ||||||
7 | committee had knowledge of the excess expenditure. The Board | ||||||
8 | may waive the provisions of this subsection upon determining | ||||||
9 | that an excess contribution is of minor consequence. The Board | ||||||
10 | shall adopt rules establishing standards for making such | ||||||
11 | determinations. | ||||||
12 | Section 15. Exploratory committee. If a candidate has | ||||||
13 | established an exploratory committee, the campaign treasurer | ||||||
14 | of the committee may distribute to the clean election candidate | ||||||
15 | committee only that portion of such surplus that is | ||||||
16 | attributable to contributions that meet the criteria for | ||||||
17 | permissible contributions defined as $5 to $500 and shall | ||||||
18 | distribute the remainder of such surplus to the Citizens' | ||||||
19 | Election Fund. | ||||||
20 | Section 16. Board duties.
The Board has the following | ||||||
21 | duties: | ||||||
22 | (a) Annually, to issue a report on the status of the | ||||||
23 | Citizens' Election Fund during the previous calendar year. Such | ||||||
24 | report shall include the amount of moneys deposited in the |
| |||||||
| |||||||
1 | fund, the sources of moneys received by category, the number of | ||||||
2 | contributions, the number of contributors, the amount of moneys | ||||||
3 | expended by category, the recipients of moneys distributed from | ||||||
4 | the fund, and an accounting of the costs incurred by the Board | ||||||
5 | in administering the provisions of Sections 1 to 17, inclusive, | ||||||
6 | of this Act. | ||||||
7 | (b) To establish and administer a program of voluntary | ||||||
8 | trainings on the Citizens’ Election Program for candidates and | ||||||
9 | campaign treasurers.
| ||||||
10 | (c) Not later than July 1 of the year preceding a general | ||||||
11 | election, to determine whether the amount of moneys in the fund | ||||||
12 | is sufficient to carry out the purposes of Sections 1 to 17, | ||||||
13 | inclusive, of this Act. If the Board determines that such | ||||||
14 | amount is not sufficient to carry out such purposes, the Board | ||||||
15 | shall, not later than 3 days after such later determination, | ||||||
16 | (1) determine the percentage of the fund's obligations that can | ||||||
17 | be met for such election, (2) recalculate the amount of each | ||||||
18 | payment that each qualified candidate committee is entitled to | ||||||
19 | receive under Section 8 of this Act by multiplying such | ||||||
20 | percentage by the amount that such committee would have been | ||||||
21 | entitled to receive under Sections 1 to 17, inclusive, of this | ||||||
22 | Act if there were a sufficient amount of moneys in the fund, | ||||||
23 | and (3) notify each such committee of such insufficiency, | ||||||
24 | percentage, and applicable recalculation. After a qualified | ||||||
25 | candidate committee under Section 8 of this Act first receives | ||||||
26 | any such recalculated payment, the committee may resume |
| |||||||
| |||||||
1 | accepting contributions. The Board shall also issue a report on | ||||||
2 | that determination.
| ||||||
3 | Section 17. Application of Act. Candidates may begin | ||||||
4 | participating under this Act on July 1, 2011 for the 2012 | ||||||
5 | general primary and general election cycles, unless the Board | ||||||
6 | declares that the Citizens' Election Fund has insufficient | ||||||
7 | funds. | ||||||
8 | Section 85. The Election Code is amended by changing the | ||||||
9 | heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by | ||||||
10 | adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, 9-1.20, | ||||||
11 | 9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-2.5, 9-2.7, 9-8.5, 9-8.7, | ||||||
12 | 9-25.1, and 12A-5 as follows: | ||||||
13 | (10 ILCS 5/Art. 9 heading) | ||||||
14 | ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
| ||||||
15 | CONTRIBUTIONS AND EXPENDITURES
| ||||||
16 | (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
| ||||||
17 | Sec. 9-1. As used in this Article, unless the context | ||||||
18 | otherwise requires,
the terms defined in Sections 9-1.1 through | ||||||
19 | 9-1.24
9-1.13 , have the respective
meanings as defined in those | ||||||
20 | Sections.
| ||||||
21 | (Source: P.A. 86-873.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| ||||||
2 | Sec. 9-1.4. Contribution.
| ||||||
3 | (A) "Contribution" means-
| ||||||
4 | (1) a gift, subscription, donation, dues, loan, | ||||||
5 | advance, or deposit
of money or anything of value, | ||||||
6 | knowingly received in
connection with the
nomination for | ||||||
7 | election, or election, or retention of any person to or in | ||||||
8 | public office, in
connection with the election of any | ||||||
9 | person as ward or township committeeman in
counties of | ||||||
10 | 3,000,000 or more population, or
in
connection with any | ||||||
11 | question of public policy;
| ||||||
12 | (1.5) a gift, subscription, donation, dues, loan, | ||||||
13 | advance, deposit of money, or anything of value that | ||||||
14 | constitutes an electioneering communication regardless of | ||||||
15 | whether the communication is made in concert or cooperation | ||||||
16 | with or at the request, suggestion, or knowledge of a | ||||||
17 | candidate, a candidate's authorized local political | ||||||
18 | committee, a State political committee, a political | ||||||
19 | committee in support of or opposition to a question of | ||||||
20 | public policy, or any of their agents;
| ||||||
21 | (2) the purchase of tickets for fund-raising events, | ||||||
22 | including but
not limited to dinners, luncheons, cocktail | ||||||
23 | parties, and rallies made in
connection with the nomination | ||||||
24 | for election, or election, or retention of any person
to or | ||||||
25 | in public office, in
connection with the election of any | ||||||
26 | person as ward or
township committeeman in counties of |
| |||||||
| |||||||
1 | 3,000,000 or more population, or in
connection with any | ||||||
2 | question of public policy;
| ||||||
3 | (3) a transfer of funds between political committees; | ||||||
4 | and
| ||||||
5 | (4) the services of an employee donated by an employer, | ||||||
6 | in which
case the contribution shall be listed in the name | ||||||
7 | of the employer,
except that any individual services | ||||||
8 | provided voluntarily and without
promise or expectation of | ||||||
9 | compensation from any source shall not be deemed
a | ||||||
10 | contribution; and
but
| ||||||
11 | (5) any expenditure made in cooperation, consultation, | ||||||
12 | or concert with the committee, but
| ||||||
13 | (6)
(5) does not include--
| ||||||
14 |
(a) the use of real or personal property and the | ||||||
15 | cost of invitations,
food,
and beverages, voluntarily | ||||||
16 | provided by an individual in rendering voluntary
| ||||||
17 | personal services on the individual's residential | ||||||
18 | premises for
candidate-related
activities; provided | ||||||
19 | the value of the service provided does not exceed an
| ||||||
20 | aggregate of $150 in a reporting period;
| ||||||
21 | (b) (blank);
the sale of any food or beverage by a | ||||||
22 | vendor for use in a candidate's
campaign at a charge | ||||||
23 | less than the normal comparable charge, if such charge
| ||||||
24 | for use in a candidate's campaign is at least equal to | ||||||
25 | the cost of such
food or beverage to the vendor.
| ||||||
26 | (c) communications on any subject by a corporation |
| |||||||
| |||||||
1 | to its stockholders and executive or administrative | ||||||
2 | personnel and their families, by a labor organization | ||||||
3 | to its members and their families, or by an association | ||||||
4 | to its members and their families; | ||||||
5 | (d) voter registration and get-out-the-vote | ||||||
6 | campaigns that make no mention of any clearly | ||||||
7 | identified candidate, public question, or political | ||||||
8 | party, or group or combination thereof; | ||||||
9 | (e) the establishment, administration, and | ||||||
10 | solicitation of contributions to a separate segregated | ||||||
11 | fund to be used for political purposes by a | ||||||
12 | corporation, labor organization, or association; or | ||||||
13 | (f) a secured loan of money by a national or State | ||||||
14 | bank or credit union made in accordance with the | ||||||
15 | applicable banking laws and regulations and in the | ||||||
16 | ordinary course of business; however, the use, | ||||||
17 | ownership, or control of any security for such a loan, | ||||||
18 | if provided by a person other than the candidate or his | ||||||
19 | or her committee, qualifies as a contribution. | ||||||
20 | (B) Interest or other investment income, earnings or | ||||||
21 | proceeds, and refunds or returns of all or part of a | ||||||
22 | committee's previous expenditures, shall not be considered | ||||||
23 | contributions for the purposes of Section 9-8.5 but shall be | ||||||
24 | listed with contributions on disclosure reports required by | ||||||
25 | this Article.
| ||||||
26 | (Source: P.A. 94-645, eff. 8-22-05.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | ||||||
2 | Sec. 9-1.5. Expenditure defined. | ||||||
3 | "Expenditure" means-
| ||||||
4 | (1) a payment, distribution, purchase, loan, advance, | ||||||
5 | deposit, or
gift of money or anything of value, in
connection | ||||||
6 | with the nomination
for election, or election, or retention of | ||||||
7 | any person to or in public office, in connection with
the | ||||||
8 | election of any person as ward or township committeeman in | ||||||
9 | counties of
3,000,000 or more population, or in
connection with | ||||||
10 | any question of public policy.
"Expenditure" also includes a | ||||||
11 | payment, distribution, purchase, loan,
advance, deposit, or | ||||||
12 | gift of
money or anything of value that constitutes an | ||||||
13 | electioneering communication
regardless of whether the | ||||||
14 | communication is made in concert or cooperation with
or at the | ||||||
15 | request, suggestion, or knowledge of a candidate, a candidate's
| ||||||
16 | authorized
local political committee, a State political | ||||||
17 | committee, a political committee in support of or opposition to | ||||||
18 | a question of public policy, or any of their
agents.
However, | ||||||
19 | expenditure does not
include -
| ||||||
20 | (a) the use of real or personal property and the cost | ||||||
21 | of invitations,
food,
and beverages, voluntarily provided | ||||||
22 | by an individual in rendering voluntary
personal services | ||||||
23 | on the individual's
residential premises for | ||||||
24 | candidate-related activities; provided the value
of the | ||||||
25 | service provided does not exceed an aggregate of $150 in a |
| |||||||
| |||||||
1 | reporting
period .
;
| ||||||
2 | (b) the sale of any food or beverage by a vendor for | ||||||
3 | use in a candidate's
campaign at a charge less than the | ||||||
4 | normal comparable charge, if such charge
for use in a | ||||||
5 | candidate's
campaign is at least equal to the cost of such | ||||||
6 | food or beverage to the vendor.
| ||||||
7 | (2) a transfer of funds between political committees.
| ||||||
8 | (3) a payment for electioneering communications.
| ||||||
9 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
10 | 93-847, eff. 7-30-04.)
| ||||||
11 | (10 ILCS 5/9-1.16 new) | ||||||
12 | Sec. 9-1.16. Independent expenditure. "Independent | ||||||
13 | expenditure" means an expenditure by a person: | ||||||
14 | (a) expressly advocating the election or defeat of a | ||||||
15 | clearly identified candidate; and | ||||||
16 | (b) that is not made in cooperation, consultation, or | ||||||
17 | concert with or at the request or suggestion or the candidate, | ||||||
18 | the candidate's authorized political committee or agents, or | ||||||
19 | agents thereof. | ||||||
20 | (10 ILCS 5/9-1.17 new) | ||||||
21 | Sec. 9-1.17. Clearly identified or identifiable. "Clearly | ||||||
22 | identified" or "clearly identifiable" means that: | ||||||
23 | (a) the name, voice, image, or likeness of a candidate | ||||||
24 | appears; or |
| |||||||
| |||||||
1 | (b) the identify of the candidate is apparent by | ||||||
2 | unambiguous reference.
| ||||||
3 | (10 ILCS 5/9-1.18 new) | ||||||
4 | Sec. 9-1.18. Regular election period. "Regular election | ||||||
5 | period" means any of: | ||||||
6 | (a) the period beginning on January 1 immediately following | ||||||
7 | the date of the general election for the office to which a | ||||||
8 | candidate seeks nomination or election and ending the day of | ||||||
9 | the General primary election for that office; | ||||||
10 | (b) the period beginning on the day after the general | ||||||
11 | primary election for the office to which the candidate seeks | ||||||
12 | nomination or election and ending on the December 31 after the | ||||||
13 | general election for that office; | ||||||
14 | (c) the period beginning on the date on which a sitting | ||||||
15 | judge declares for retention and ending 90 days after the | ||||||
16 | retention election.
| ||||||
17 | (10 ILCS 5/9-1.19 new) | ||||||
18 | Sec. 9-1.19. Municipal election period. "Municipal | ||||||
19 | election period" means the period beginning on July 1 | ||||||
20 | immediately following the date of the consolidated primary | ||||||
21 | election or consolidated election at which the office for which | ||||||
22 | the candidate seeks nomination or election is filled and ending | ||||||
23 | on June 30 immediately preceding the date of the next | ||||||
24 | consolidated primary election for that office, unless the |
| |||||||
| |||||||
1 | office is not filled at the consolidated primary election, in | ||||||
2 | which instance candidates who will seek office in the next | ||||||
3 | upcoming consolidated election may begin a new municipal | ||||||
4 | election period the day after the consolidated primary election | ||||||
5 | and ending on the next June 30. | ||||||
6 | (10 ILCS 5/9-1.20 new) | ||||||
7 | Sec. 9-1.20. Labor organization. The term "labor | ||||||
8 | organization" means any organization of any kind or any agency | ||||||
9 | or employee representation committee or plan in which employees | ||||||
10 | participate and that exists for the purpose, in whole or in | ||||||
11 | part, of dealing with employers concerning grievances, labor | ||||||
12 | disputes, wages, rates of pay, hours of employment, or | ||||||
13 | conditions of work. | ||||||
14 | (10 ILCS 5/9-1.21 new) | ||||||
15 | Sec. 9-1.21. Corporation. The term "corporation" includes | ||||||
16 | a limited liability company, partnership, professional | ||||||
17 | practice, cooperative, or sole proprietorship, whether | ||||||
18 | organized on a for-profit or non-profit basis. | ||||||
19 | (10 ILCS 5/9-1.22 new) | ||||||
20 | Sec. 9-1.22. Association. The term "association" means any | ||||||
21 | group, club, meeting, collective, membership organization, | ||||||
22 | collection of persons, any entity organized under Section 501 | ||||||
23 | or 527 of the Internal Revenue Code, or any other entity other |
| |||||||
| |||||||
1 | than a natural person, except that an association does not | ||||||
2 | include a political committee organized under this Article. | ||||||
3 | (10 ILCS 5/9-1.23 new) | ||||||
4 | Sec. 9-1.23. Earmarked. The term "earmarked" means a | ||||||
5 | designation, instruction, or encumbrance, whether direct or | ||||||
6 | indirect, express or implied, oral or written, that results in | ||||||
7 | all or any part of a contribution or expenditure being made to, | ||||||
8 | or expended on behalf of, a clearly identified candidate a | ||||||
9 | candidate's designated committee, or a committee in support of | ||||||
10 | or opposition to a public question. | ||||||
11 | (10 ILCS 5/9-1.24 new) | ||||||
12 | Sec. 9-1.24. Conduit and intermediary. The terms "conduit" | ||||||
13 | and "intermediary" are interchangeable and mean any person who | ||||||
14 | receives a contribution earmarked by the contributor to be | ||||||
15 | forwarded or transmitted to another. | ||||||
16 | (10 ILCS 5/9-2.5 new) | ||||||
17 | Sec. 9-2.5. Single political committee. | ||||||
18 | (a) Except as provided by this Section, no public official | ||||||
19 | or candidate for public office may establish more than one | ||||||
20 | political committee for each office that public official or | ||||||
21 | candidate occupies or is seeking. | ||||||
22 | (b) A public official with one or more pre-existing | ||||||
23 | committees bound by the limits of any subsection of Section |
| |||||||
| |||||||
1 | 9-8.5 considering a candidacy for any office covered by the | ||||||
2 | limits of any different subsection of Section 9-8.5 must form a | ||||||
3 | new committee, to be termed an exploratory committee. A | ||||||
4 | pre-existing committee created for the primary purpose of | ||||||
5 | aiding that candidate's election to other offices that ceases | ||||||
6 | all fundraising after the creation of an exploratory committee | ||||||
7 | may transfer funds without limit to an exploratory committee. | ||||||
8 | Should the candidate decide against running for the new office, | ||||||
9 | fail to qualify for the ballot at the next election, or lose | ||||||
10 | the next election, any remaining funds held by the exploratory | ||||||
11 | committee shall be returned to contributors or donated to | ||||||
12 | charity, and the committee shall be closed, within 90 days. | ||||||
13 | (c) The public officials elected President of the Senate, | ||||||
14 | Minority Leader of the Senate, Speaker of the House of | ||||||
15 | Representatives, and Minority Leader of the House of | ||||||
16 | Representatives may each establish and operate one additional | ||||||
17 | political committee for the purpose of supporting the election | ||||||
18 | of candidates to the General Assembly. The committees provided | ||||||
19 | for in this subsection (c) shall not be considered established | ||||||
20 | by the President of the Senate, Minority Leader of the Senate, | ||||||
21 | Speaker of the House of Representatives, or Minority Leader of | ||||||
22 | the House of Representatives for purposes of Section 9-8.5.
| ||||||
23 | (10 ILCS 5/9-2.7 new) | ||||||
24 | Sec. 9-2.7. Political committee designations. | ||||||
25 | (a) Candidate committees. |
| |||||||
| |||||||
1 | (1) Each candidate shall designate in writing one and | ||||||
2 | only one political committee to serve as the political | ||||||
3 | committee of the candidate. The designation shall be made | ||||||
4 | no later than 15 days after becoming a candidate or | ||||||
5 | establishing the committee and shall be filed with the | ||||||
6 | State Board of Election. Any committee so designated may, | ||||||
7 | within 10 business days after notification of the | ||||||
8 | designation, reject the designation. If a committee | ||||||
9 | rejects a candidate designation, the committee must return | ||||||
10 | to donors any funds raised as a result of the designation, | ||||||
11 | and the candidate must create and designate a new committee | ||||||
12 | within 5 business days after the rejection. | ||||||
13 | (2) The name of the designated committee shall include | ||||||
14 | the name of the candidate who authorized the committee | ||||||
15 | under paragraph (1). No political committee that is not an | ||||||
16 | authorized candidate committee may include the full name of | ||||||
17 | that candidate in its name. | ||||||
18 | (b) Party committees. | ||||||
19 | (1) Any political organization or party may designate | ||||||
20 | in writing one and only one political committee to serve as | ||||||
21 | the political committee of the party for elections to State | ||||||
22 | or local office. The designation shall be made no later | ||||||
23 | than 15 days after the effective date of this amendatory | ||||||
24 | Act of the 96th General Assembly, or 15 days after | ||||||
25 | formation of the committee, and shall be filed with the | ||||||
26 | State Board of Election. The designation of a party |
| |||||||
| |||||||
1 | committee may be changed only upon the replacement of the | ||||||
2 | party chairman. | ||||||
3 | (2) The name of the designated committee shall include | ||||||
4 | the name of the party that authorized the committee under | ||||||
5 | paragraph (1). No political committee that is not an | ||||||
6 | authorized party committee may include the full name of | ||||||
7 | that party in its name. | ||||||
8 | (c) Caucus committees. | ||||||
9 | (1) The public officials elected President of the | ||||||
10 | Senate, Minority Leader of the Senate, Speaker of the House | ||||||
11 | of Representatives, and Minority Leader of the House of | ||||||
12 | Representatives may each designate in writing one and only | ||||||
13 | one political committee to serve as the political committee | ||||||
14 | of his or her caucus. The designation shall be made no | ||||||
15 | later than 15 days after the start of the General Assembly, | ||||||
16 | and shall be filed with the State Board of Election. The | ||||||
17 | designation of a caucus committee may not be changed, | ||||||
18 | revoked, or altered until the start of the next General | ||||||
19 | Assembly unless the person elected to the office authorized | ||||||
20 | to designate the caucus committee also changes; the new | ||||||
21 | leader may designate a new committee within 15 days after | ||||||
22 | taking office. All contributions from all committees | ||||||
23 | designated the caucus committee for a particular caucus | ||||||
24 | made during a single election period shall be aggregated | ||||||
25 | for the purposes of Section 9-8.5. | ||||||
26 | (2) The name of the designated committee shall include |
| |||||||
| |||||||
1 | a clear and unambiguous reference to the caucus that | ||||||
2 | authorized the committee under paragraph (1). No political | ||||||
3 | committee that is not an authorized caucus committee may | ||||||
4 | include the name of that caucus in its name. | ||||||
5 | (d) All designations, statements, and reports required to | ||||||
6 | be filed under this Section shall be filed with the Board. The | ||||||
7 | Board shall retain and make the designations, statements, and | ||||||
8 | reports received under this Section available for public | ||||||
9 | inspection and copying in the same manner as statements of | ||||||
10 | organization.
| ||||||
11 | (10 ILCS 5/9-8.5 new) | ||||||
12 | Sec. 9-8.5. Limitation on contributions. | ||||||
13 | (a) It shall be unlawful for any person to make | ||||||
14 | contributions to a political committee except as provided in | ||||||
15 | this Section. | ||||||
16 | (b) For political committees designated by a candidate for | ||||||
17 | legislative office: | ||||||
18 | (1) Natural persons may contribute no more than $2,300 | ||||||
19 | during any regular election period in which the candidate | ||||||
20 | who designated the committee is seeking nomination or | ||||||
21 | election. | ||||||
22 | (2) Political committees established by a State | ||||||
23 | political party may contribute not more than $30,000 during | ||||||
24 | the regular election period that includes the general | ||||||
25 | election in which the candidate who designated the |
| |||||||
| |||||||
1 | committee is seeking election; provided that all | ||||||
2 | committees established by a State political party, under | ||||||
3 | State or federal law, shall be considered as one committee | ||||||
4 | for the purpose of this Section. | ||||||
5 | (3) Political committees established by a partisan | ||||||
6 | legislative caucus may contribute not more than $30,000 | ||||||
7 | during any regular election period in which the candidate | ||||||
8 | who designated the committee is seeking nomination or | ||||||
9 | election. | ||||||
10 | (4) Any other political committee not designated or | ||||||
11 | controlled by the candidate may contribute no more than | ||||||
12 | $5,000 during a regular election period in which the | ||||||
13 | candidate who designated the committee is seeking | ||||||
14 | nomination or election. | ||||||
15 | (5) A corporation, labor organization, or association | ||||||
16 | may contribute from its own treasuries no more than $5,000 | ||||||
17 | during each election period. All contributions from | ||||||
18 | associated entities, including political committees for | ||||||
19 | which the corporation, labor organization, or association | ||||||
20 | is the sponsoring entity, shall be aggregated for the | ||||||
21 | purposes of this Section.
| ||||||
22 | (c) For political committees designated by a candidate for | ||||||
23 | a local office or for ward or township committeeman in counties | ||||||
24 | of 3,000,000 or more population: | ||||||
25 | (1) Natural persons may contribute no more than $2,300 | ||||||
26 | during any regular election period in which the candidate |
| |||||||
| |||||||
1 | who designated the committee is seeking nomination or | ||||||
2 | election. | ||||||
3 | (2) The candidate may designate one and only one | ||||||
4 | political party whose political committees may contribute | ||||||
5 | not more than $10,000 during the regular election period | ||||||
6 | that includes the general election in which the candidate | ||||||
7 | who designated the committee is seeking election; provided | ||||||
8 | that all committees established by the political party, | ||||||
9 | under State or federal law, shall be considered as one | ||||||
10 | committee for the purpose of this Section. | ||||||
11 | (3) Any other political committee not designated or | ||||||
12 | controlled by the candidate may contribute no more than | ||||||
13 | $5,000 during a regular election period in which the | ||||||
14 | candidate who designated the committee is seeking | ||||||
15 | nomination or election. | ||||||
16 | (3.5) A corporation, labor organization, or | ||||||
17 | association may contribute from its own treasuries no more | ||||||
18 | than $5,000 during each election period. All contributions | ||||||
19 | from associated entities, including political committees | ||||||
20 | for which the corporation, labor organization, or | ||||||
21 | association is the sponsoring entity, shall be aggregated | ||||||
22 | for the purposes of this Section.
| ||||||
23 | (4) Committees designated by one or more candidates for | ||||||
24 | any office required to file a statement of economic | ||||||
25 | interests with a county clerk may select to follow the | ||||||
26 | municipal election calendar. Committees that select to |
| |||||||
| |||||||
1 | follow the municipal election calendar must make that | ||||||
2 | decision at least 18 months prior to the next consolidated | ||||||
3 | primary election or within 30 days after creation. The | ||||||
4 | selection to follow the municipal election calendar is | ||||||
5 | irrevocable. For committees that select to follow the | ||||||
6 | municipal election calendar: | ||||||
7 | (A) Natural persons may contribute no more than | ||||||
8 | $2,300 during any Municipal election period in which | ||||||
9 | the candidate who designated the committee is seeking | ||||||
10 | nomination or election. | ||||||
11 | (B) The candidate may designate one and only one | ||||||
12 | political party whose political committees may | ||||||
13 | contribute not more than $10,000 during the regular | ||||||
14 | election period that includes the consolidated | ||||||
15 | election in which the candidate who designated the | ||||||
16 | committee is seeking election; provided that all | ||||||
17 | committees established by the political party, under | ||||||
18 | State or federal law, shall be considered as one | ||||||
19 | committee for the purpose of this Section. | ||||||
20 | (C) Any other political committee not designated | ||||||
21 | or controlled by the candidate may contribute no more | ||||||
22 | than $5,000 during any municipal election period in | ||||||
23 | which the candidate who designated the committee is | ||||||
24 | seeking nomination or election. | ||||||
25 | (D) A corporation, labor organization, or | ||||||
26 | association may contribute from its own treasuries no |
| |||||||
| |||||||
1 | more than $5,000 during each election period. All | ||||||
2 | contributions from associated entities, including | ||||||
3 | political committees for which the corporation, labor | ||||||
4 | organization, or association is the sponsoring entity, | ||||||
5 | shall be aggregated for the purposes of this Section.
| ||||||
6 | (d) For political committees designated by a candidate for | ||||||
7 | State office, other than for legislative or statewide office: | ||||||
8 | (1) Natural persons may contribute no more than $2,300 | ||||||
9 | during any regular election period in which the candidate | ||||||
10 | who designated the committee is seeking nomination, | ||||||
11 | election, or retention. | ||||||
12 | (2) The candidate may designate one and only one | ||||||
13 | political party whose political committees may contribute | ||||||
14 | not more than $10,000 during the regular election period | ||||||
15 | that includes the general election in which the candidate | ||||||
16 | who designated the committee is seeking election; provided | ||||||
17 | that all committees established by the political party, | ||||||
18 | under State or federal law, shall be considered as one | ||||||
19 | committee for the purpose of this Section. | ||||||
20 | (3) Any other political committee not designated or | ||||||
21 | controlled by the candidate may contribute no more than | ||||||
22 | $5,000 during a regular election period in which the | ||||||
23 | candidate who designated the committee is seeking | ||||||
24 | nomination, election, or retention. | ||||||
25 | (4) A corporation, labor organization, or association | ||||||
26 | may contribute from its own treasuries no more than $5,000 |
| |||||||
| |||||||
1 | during each election period. All contributions from | ||||||
2 | associated entities, including political committees for | ||||||
3 | which the corporation, labor organization, or association | ||||||
4 | is the sponsoring entity, shall be aggregated for the | ||||||
5 | purposes of this Section.
| ||||||
6 | (e) For political committees designated by a candidate for | ||||||
7 | statewide office: | ||||||
8 | (1) Natural persons may contribute no more than $2,300 | ||||||
9 | during any regular election period. | ||||||
10 | (2) The candidate may designate one and only one | ||||||
11 | political party whose political committees may contribute | ||||||
12 | not more than $125,000 during the regular election period | ||||||
13 | that includes the general election in which the candidate | ||||||
14 | who designated the committee is seeking election; provided | ||||||
15 | that all committees established by the political party, | ||||||
16 | under State or federal law, shall be considered as one | ||||||
17 | committee for the purpose of this Section. | ||||||
18 | (3) Any other political committee not designated or | ||||||
19 | controlled by the candidate may contribute no more than | ||||||
20 | $5,000 during a regular election period. | ||||||
21 | (4) A corporation, labor organization, or association | ||||||
22 | may contribute from its own treasuries no more than $5,000 | ||||||
23 | during each election period. All contributions from | ||||||
24 | associated entities, including political committees for | ||||||
25 | which the corporation, labor organization, or association | ||||||
26 | is the sponsoring entity, shall be aggregated for the |
| |||||||
| |||||||
1 | purposes of this Section.
| ||||||
2 | (f) For political committees designated by an established | ||||||
3 | political party: | ||||||
4 | (1) Natural persons may contribute no more than $2,300 | ||||||
5 | during any regular election period during which any | ||||||
6 | candidate actively supported by the party is seeking | ||||||
7 | nomination or election. | ||||||
8 | (2) Any other political committee may contribute no | ||||||
9 | more than $5,000 during any regular election period during | ||||||
10 | which any candidate actively supported by the party is | ||||||
11 | seeking nomination or election. | ||||||
12 | (3) A corporation, labor organization, or association | ||||||
13 | may contribute from its own treasuries no more than $5,000 | ||||||
14 | during each election period. All contributions from | ||||||
15 | associated entities, including political committees for | ||||||
16 | which the corporation, labor organization, or association | ||||||
17 | is the sponsoring entity, shall be aggregated for the | ||||||
18 | purposes of this Section.
| ||||||
19 | (g) For political committees designated by a legislative | ||||||
20 | caucus: | ||||||
21 | (1) Natural persons may contribute no more than $2,300 | ||||||
22 | during any regular election period during which any | ||||||
23 | candidate actively supported by the caucus is seeking | ||||||
24 | nomination or election. | ||||||
25 | (2) Any other political committee may contribute no | ||||||
26 | more than $5,000 during any regular election period during |
| |||||||
| |||||||
1 | which any candidate actively supported by the caucus is | ||||||
2 | seeking nomination or election. | ||||||
3 | (3) A corporation, labor organization, or association | ||||||
4 | may contribute from its own treasuries no more than $5,000 | ||||||
5 | during each election period. All contributions from | ||||||
6 | associated entities, including political committees for | ||||||
7 | which the corporation, labor organization, or association | ||||||
8 | is the sponsoring entity, shall be aggregated for the | ||||||
9 | purposes of this Section.
| ||||||
10 | (h) For any other political committee, natural persons may | ||||||
11 | contribute no more than $2,300 during any period beginning on | ||||||
12 | January 1 of an odd-numbered year and ending on December 31 of | ||||||
13 | an even-numbered year. A corporation, labor organization, | ||||||
14 | association, or other political committee may contribute no | ||||||
15 | more than $5,000 during each election period. All contributions | ||||||
16 | from associated entities, including political committees for | ||||||
17 | which the corporation, labor organization, or association is | ||||||
18 | the sponsoring entity, shall be aggregated for the purposes of | ||||||
19 | this Section. | ||||||
20 | (i) Nothing in this Section shall prohibit political | ||||||
21 | committees from dividing the proceeds of joint fund raising | ||||||
22 | efforts; provided that no political committee may receive more | ||||||
23 | than the limit from any one donor and all donations shall be | ||||||
24 | listed as from their true origin. | ||||||
25 | (j) No natural person, corporation, labor organization, or | ||||||
26 | association
may contribute in aggregate more than $80,000 to |
| |||||||
| |||||||
1 | political committees during any period beginning on January 1 | ||||||
2 | of an odd-numbered year and ending on December 31 of an | ||||||
3 | even-numbered year. | ||||||
4 | (k) On January 1 of every odd-numbered year, the State | ||||||
5 | Board of Elections shall adjust the limits established in | ||||||
6 | subsections (b), (c), (d), (f), (g), (h), and (j) for inflation | ||||||
7 | as determined by the Consumer Price Index for All Urban | ||||||
8 | Consumers as issued by the United States Department of Labor | ||||||
9 | and rounded to the nearest $100. | ||||||
10 | (l) In any instance where a corporation and any of its | ||||||
11 | subsidiaries, branches, divisions, departments, or local | ||||||
12 | units; a labor organization and any of its subsidiaries, | ||||||
13 | branches, divisions, departments, or local units; or an | ||||||
14 | association or any of its affiliates, subsidiaries, branches, | ||||||
15 | divisions, departments, or local units contribute to one or | ||||||
16 | more political committees or establish, maintain, or control | ||||||
17 | more than one separate segregated fund qualified as a political | ||||||
18 | committee, all of the related contributing entities
shall be | ||||||
19 | treated as a single contributing entity
for the purposes of the | ||||||
20 | limitations provided by this Section. | ||||||
21 | (m) Expenditures. | ||||||
22 | (1) Expenditures made by any person in cooperation, | ||||||
23 | consultation, or concert with a candidate, his or her | ||||||
24 | authorized committee, or their agents, shall be considered | ||||||
25 | a contribution to the candidate's designated political | ||||||
26 | committee for the purpose of this Section. |
| |||||||
| |||||||
1 | (2) The financing by any person of the dissemination, | ||||||
2 | distribution, or republication, in whole or in part, of any | ||||||
3 | broadcast or any written, graphic, or other form of | ||||||
4 | campaign materials prepared by the candidate, his or her | ||||||
5 | political committee, or their authorized agents shall be | ||||||
6 | considered to be a contribution to the candidate's | ||||||
7 | designated political committee for the purposes of this | ||||||
8 | Section. | ||||||
9 | (n) For the purposes of the limitations designated by this | ||||||
10 | Section, all contributions made by a person, either directly or | ||||||
11 | indirectly, to a particular candidate, including contributions | ||||||
12 | that are in any way earmarked or otherwise directed through an | ||||||
13 | intermediary or conduit to a candidate's committee, shall be | ||||||
14 | treated as contributions from the person to the candidate's | ||||||
15 | committee. The intermediary or conduit shall report the | ||||||
16 | original source and the intended recipient of the contribution | ||||||
17 | to the Board and to the intended recipient within 10 days after | ||||||
18 | the person made the contribution, or upon transmittal to the | ||||||
19 | candidate, whichever is earlier. A conduit's or intermediary's | ||||||
20 | contribution limits are not affected by the forwarding of an | ||||||
21 | earmarked contribution except where the conduit or | ||||||
22 | intermediary exercises any direction or control over the choice | ||||||
23 | of the recipient. Any person who is prohibited from making | ||||||
24 | contributions or expenditures in connection with a candidate or | ||||||
25 | public question shall be prohibited from acting as a conduit | ||||||
26 | for contributions earmarked for that candidate or public |
| |||||||
| |||||||
1 | question, and any person who is prohibited from acting as a | ||||||
2 | conduit who receives an earmarked contribution shall return | ||||||
3 | that contribution to the contributor without transmitting or | ||||||
4 | forwarding it to the committee of the candidate or public | ||||||
5 | question. | ||||||
6 | (o) No candidate or political committee shall knowingly | ||||||
7 | accept any contribution or make any expenditure in violation of | ||||||
8 | the provisions of this Section. No officer or employee of a | ||||||
9 | political committee shall knowingly accept a contribution made | ||||||
10 | for the benefit or use of a candidate or knowingly make any | ||||||
11 | expenditure on behalf of a candidate in violation of any | ||||||
12 | limitation designated for contributions and expenditures under | ||||||
13 | this Section. | ||||||
14 | (p) Multiple designations. | ||||||
15 | (1) No committee may accept donations larger than those | ||||||
16 | specified in this Section, regardless of the number of | ||||||
17 | candidates that may designate that committee under Section | ||||||
18 | 9-2.7. | ||||||
19 | (2) Any committee designated by candidates who | ||||||
20 | individually qualify under different subsections of this | ||||||
21 | Section shall be bound by the lower limit. | ||||||
22 | (q) Complaints. | ||||||
23 | (1) The Board shall receive complaints alleging | ||||||
24 | violations of this Section. The Board may bring complaints | ||||||
25 | and investigations on its own initiative when the Board has | ||||||
26 | reason to believe that a violation of this Section has |
| |||||||
| |||||||
1 | occurred. | ||||||
2 | (2) Upon receipt of a complaint, the Board shall hold a | ||||||
3 | closed preliminary hearing to determine whether or not the | ||||||
4 | complaint appears to have been filed on justifiable | ||||||
5 | grounds. Such closed preliminary hearing shall be | ||||||
6 | conducted as soon as practicable after affording | ||||||
7 | reasonable notice, a copy of the complaint, and an | ||||||
8 | opportunity to testify at such hearing to both the person | ||||||
9 | making the complaint and the person against whom the | ||||||
10 | complaint is directed. If the Board determines that the | ||||||
11 | complaint has not been filed on justifiable grounds, it | ||||||
12 | shall issue a written order to dismiss the complaint | ||||||
13 | without further hearing, specifying the defect in the | ||||||
14 | original complaint. | ||||||
15 | (3) The Board shall have the authority to promulgate | ||||||
16 | procedural rules governing the filing and hearing of | ||||||
17 | complaints under this Section that are not inconsistent | ||||||
18 | with this Section. | ||||||
19 | (4) In addition to any other penalties authorized by | ||||||
20 | this Article, the State Board of Elections, any political | ||||||
21 | committee, or any person may apply to the circuit court for | ||||||
22 | a temporary restraining order or a preliminary or permanent | ||||||
23 | injunction against a political committee or any other | ||||||
24 | entity to cease the expenditure of funds in violation of | ||||||
25 | this Section and to cease operations until the Board | ||||||
26 | determines that the committee or entity is in compliance |
| |||||||
| |||||||
1 | with this Section. | ||||||
2 | (r) Penalties. | ||||||
3 | (1) Any person who violates this Section shall be fined | ||||||
4 | the greater of $10,000 or 3 times the value of the excess | ||||||
5 | contribution or expenditure. | ||||||
6 | (2) The State Board of Elections shall assess a penalty | ||||||
7 | of up to $5,000 for each violation against the recipient of | ||||||
8 | any contribution in violation of this Section if the | ||||||
9 | recipient knew that the donation was in violation of this | ||||||
10 | Section. For purposes of this Section, a recipient knew | ||||||
11 | that the donation was in violation of this Section if the | ||||||
12 | candidate, the committee chairman or treasurer, or any | ||||||
13 | natural person paid to perform regular campaign tasks knew | ||||||
14 | that the donation was in violation of this Section.
| ||||||
15 | (10 ILCS 5/9-8.7 new) | ||||||
16 | Sec. 9-8.7. Soliciting of contributions by associations, | ||||||
17 | corporations, or labor organizations. | ||||||
18 | (a) It is unlawful for any person affiliated in any way | ||||||
19 | with a corporation knowingly soliciting an employee of that | ||||||
20 | corporation for a contribution to a political committee to fail | ||||||
21 | to inform the employee at the time of the solicitation of the | ||||||
22 | political purposes of the fund. It is unlawful for any person | ||||||
23 | affiliated in any way with a labor organization or association | ||||||
24 | knowingly soliciting an member of that labor organization or | ||||||
25 | association for a contribution to a political committee to fail |
| |||||||
| |||||||
1 | to inform the member at the time of the solicitation of the | ||||||
2 | political purposes of the fund. | ||||||
3 | (b) It is unlawful for any person affiliated in any way | ||||||
4 | with a corporation knowingly soliciting an employee of that | ||||||
5 | corporation for a contribution to a political committee to fail | ||||||
6 | to inform the employee at the time of the solicitation of the | ||||||
7 | employee's right to refuse to contribute without any reprisal. | ||||||
8 | It is unlawful for any person affiliated in any way with a | ||||||
9 | labor organization or association knowingly soliciting any | ||||||
10 | member of the same labor organization or association for a | ||||||
11 | contribution to a political committee to fail to inform the | ||||||
12 | employee at the time of the solicitation of the employee's | ||||||
13 | right to refuse to contribute without any reprisal. | ||||||
14 | (c) Complaints. | ||||||
15 | (1) The Board shall receive complaints alleging | ||||||
16 | violations of this Section. The Board may bring complaints | ||||||
17 | and investigations on its own initiative when the Board has | ||||||
18 | reason to believe that a violation of this Section has | ||||||
19 | occurred. | ||||||
20 | (2) Upon receipt of a complaint, the Board shall hold a | ||||||
21 | closed preliminary hearing to determine whether or not the | ||||||
22 | complaint appears to have been filed on justifiable | ||||||
23 | grounds. Such closed preliminary hearing shall be | ||||||
24 | conducted as soon as practicable after affording | ||||||
25 | reasonable notice, a copy of the complaint, and an | ||||||
26 | opportunity to testify at such hearing to both the person |
| |||||||
| |||||||
1 | making the complaint and the person against whom the | ||||||
2 | complaint is directed. If the Board determines that the | ||||||
3 | complaint has not been filed on justifiable grounds, it | ||||||
4 | shall issue a written order to dismiss the complaint | ||||||
5 | without further hearing, specifying the defect in the | ||||||
6 | original complaint. | ||||||
7 | (3) The Board shall have the authority to promulgate | ||||||
8 | procedural rules governing the filing and hearing of | ||||||
9 | complaints under this Section that are not inconsistent | ||||||
10 | with this Section. | ||||||
11 | (4) In addition to any other penalties authorized by | ||||||
12 | this Article, the State Board of Elections, any political | ||||||
13 | committee, or any person may apply to the circuit court for | ||||||
14 | a temporary restraining order or a preliminary or permanent | ||||||
15 | injunction against a political committee or any other | ||||||
16 | entity to cease the expenditure of funds in violation of | ||||||
17 | this Section and to cease operations until the Board | ||||||
18 | determines that the committee or entity is in compliance | ||||||
19 | with this Section. | ||||||
20 | (d) Penalties. Any person who violates this Section shall | ||||||
21 | be fined $200 for each person improperly solicited. | ||||||
22 | Contributions received from any donor within 6 months after an | ||||||
23 | improper solicitation of that donor must be returned to the | ||||||
24 | donor.
| ||||||
25 | (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. |
| |||||||
| |||||||
1 | 46, pars. 102, 103 and 104)
| ||||||
2 | Sec. 9-25.1. Election interference.
| ||||||
3 | (a) As used in this Section, "public funds" means any funds | ||||||
4 | appropriated
by the Illinois General Assembly or by any | ||||||
5 | political subdivision of the
State of Illinois.
| ||||||
6 | (b) Except as otherwise provided by statute, rule, or | ||||||
7 | ordinance, no No public funds shall be used to urge any elector | ||||||
8 | to vote for or
against any candidate or proposition, or be | ||||||
9 | appropriated for political or
campaign purposes to any | ||||||
10 | candidate or political organization. This Section
shall not | ||||||
11 | prohibit the use of public funds for dissemination of factual
| ||||||
12 | information relative to any proposition appearing on an | ||||||
13 | election ballot,
or for dissemination of information and | ||||||
14 | arguments published and distributed
under law in connection | ||||||
15 | with a proposition to amend the Constitution
of the State of | ||||||
16 | Illinois.
| ||||||
17 | (c) The first time any person violates any provision of | ||||||
18 | this Section, that
person shall be guilty of a Class B | ||||||
19 | misdemeanor. Upon the second or any
subsequent violation of any | ||||||
20 | provision of this Section, the person violating
any provision | ||||||
21 | of this Section shall be guilty of a Class A misdemeanor.
| ||||||
22 | (Source: P.A. 87-1052.)
| ||||||
23 | (10 ILCS 5/12A-5)
| ||||||
24 | Sec. 12A-5. Internet Guide.
The Board shall publish, no | ||||||
25 | later than the 45th day before each a general election
in which |
| |||||||
| |||||||
1 | a
statewide candidate appears on the ballot , an Internet | ||||||
2 | website with the
following
information:
| ||||||
3 | (1) The date and time of the general election.
| ||||||
4 | (2) Requirements for a citizen to qualify as an | ||||||
5 | elector.
| ||||||
6 | (3) The deadline for registering as an elector in the | ||||||
7 | State of Illinois
for
the next
election.
| ||||||
8 | (4) Contact information for local election | ||||||
9 | authorities.
| ||||||
10 | (5) A description of the following offices, when they | ||||||
11 | appear on the
ballot,
including their term of office, basic | ||||||
12 | duties, and base salary: United States
President,
United | ||||||
13 | States Senator, United States Representative, Governor, | ||||||
14 | Lieutenant
Governor,
Attorney
General, Secretary of State, | ||||||
15 | Treasurer, Comptroller, Illinois Supreme Court Judge, and | ||||||
16 | Illinois Appellate Court Judge , State Senator, and State | ||||||
17 | Representative . The Board shall not include information on | ||||||
18 | any office other than the offices listed in this item (5).
| ||||||
19 | (6) The names and party affiliations of qualified | ||||||
20 | candidates for the
following
offices, when these offices | ||||||
21 | appear on the ballot: United States President,
United | ||||||
22 | States
Senator, United States Representative, Governor, | ||||||
23 | Lieutenant Governor, Attorney
General,
Secretary of State, | ||||||
24 | Treasurer, Comptroller, Illinois Supreme Court Judge, and | ||||||
25 | Illinois Appellate Court Judge , State Senator, and State | ||||||
26 | Representative . The Board shall not include information on |
| |||||||
| |||||||
1 | candidates for any office other than the offices listed in | ||||||
2 | this item (6).
| ||||||
3 | (7) Challenged candidates. Where a candidate's right | ||||||
4 | to appear on the
general
election ballot has been | ||||||
5 | challenged, and any appeal remains pending regarding
those
| ||||||
6 | challenges, the challenged candidate may appear on the | ||||||
7 | Internet Guide, subject
to the
other provisions of Section | ||||||
8 | 12A-10. In this instance, the Board may note that
the
| ||||||
9 | candidate's
candidacy has been challenged and that he or | ||||||
10 | she may be removed from the
ballot prior
to election day. | ||||||
11 | If the candidate is removed from the ballot prior to | ||||||
12 | election
day, the
Board shall remove the candidate's name | ||||||
13 | and other information from the Internet
Guide.
| ||||||
14 | (8) Any personal statement and photograph submitted by | ||||||
15 | a candidate named
in
the
Internet Guide, subject to | ||||||
16 | Sections 12A-10 and 12A-35.
| ||||||
17 | (9) A means by which an elector may determine what type | ||||||
18 | of balloting
equipment
is used by his or her local election | ||||||
19 | authority, and the instructions for
properly
using that
| ||||||
20 | equipment.
| ||||||
21 | (10) The text of any public question that may appear on | ||||||
22 | the ballot.
| ||||||
23 | (11) A mechanism by which electors may determine in | ||||||
24 | which congressional and judicial districts they reside. | ||||||
25 | The Internet Guide shall allow
visitors to
search for | ||||||
26 | candidates by office (e.g., Governor or United States |
| |||||||
| |||||||
1 | Senator) and
candidate's name.
| ||||||
2 | (12) Information concerning how to become an election | ||||||
3 | judge.
| ||||||
4 | (13) A list of the clean election candidates in that | ||||||
5 | general election. | ||||||
6 | The Board shall archive the contents of the Internet Guide | ||||||
7 | for a period of at
least 5
years.
| ||||||
8 | In addition, the Board has the discretion to publish a | ||||||
9 | voters' guide before a general primary election in the manner | ||||||
10 | provided in this Article.
| ||||||
11 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
12 | Section 90. The State Finance Act is amended by adding | ||||||
13 | Section 5.719 as follows: | ||||||
14 | (30 ILCS 105/5.719 new) | ||||||
15 | Sec. 5.719. The Citizens' Election Fund. | ||||||
16 | Section 95. The Illinois Income Tax Act is amended by | ||||||
17 | adding Section 507SS as follows: | ||||||
18 | (35 ILCS 5/507SS new) | ||||||
19 | Sec. 507SS. Citizens' Election Fund. The Department shall | ||||||
20 | print on its standard individual income tax form a provision | ||||||
21 | indicating that if the taxpayer wishes to contribute to the | ||||||
22 | Citizens' Election Fund, he or she may do so by stating the |
| |||||||
| |||||||
1 | amount of the contribution (not less than $1) on the return and | ||||||
2 | that the contribution will reduce the taxpayer's refund or | ||||||
3 | increase the amount of payment to accompany the return. Failure | ||||||
4 | to remit any amount of increased payment shall reduce the | ||||||
5 | contribution accordingly. This Section shall not apply to any | ||||||
6 | amended return.
| ||||||
7 | Section 97. Severability. The provisions of this Act are | ||||||
8 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
|