HB1390ham001 96TH GENERAL ASSEMBLY

Rep. William D. Burns

Filed: 3/27/2009

09600HB1390ham001 LRB096 04975 JAM 24697 a

AMENDMENT TO HOUSE BILL 1390

AMENDMENT NO. ______. Amend House Bill 1390 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Lincoln Act.

Section 1.5. Definitions. As used in this Act:

(1) "Board" means the State Board of Elections.

(2) "Fund" means the Citizens' Election Fund established in Section 2 of this Act.

(3) "Depository account" means the single checking account at the depository institution designated as the depository for permitted contributions from natural persons and funds received from the Citizens' Election Fund.

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

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

(6) "Natural person" means any one human being.

(7) "General election cycle" means that period beginning with the day after the general primary and concluding the December 31 after the general election.

(8) " General primary election cycle" means that period beginning with January 1 of the year after the general election and leading up to the first Tuesday in February.

(9) "Contested general primary election" and "contested general election" mean a primary or a general election in which 2 or more candidates are certified to have their names printed on the ballot by the Board.

(10) "Uncontested general primary election" and "uncontested general election" means a primary or a general election in which only one candidate has been certified to have his or her name printed on the ballot by the Board. If a candidate for nomination or election has an opponent who is exempted from filing a disclosure with the Board, as specified by the Illinois Campaign Disclosure Act, that race shall also be considered uncontested.

(11) "Candidate" means a qualified candidate for any of the following offices:

(i) Governor;

(ii) Lieutenant Governor;

(iii) Attorney General;

(iv) Secretary of State;

(v) Comptroller;

(vi) Treasurer;

(vii) State Senator; or

(viii) State Representative.

(12) "Qualified candidate" means any individual who seeks nomination to public office through a political party or election to a public office as a candidate of a political party or as an independent candidate for public office. A person is considered a candidate only if he or she takes the actions necessary as required by the Election Code to qualify as a candidate for public office and is certified by the State Board of Elections to have his or her name placed on a ballot for election.

(13) "Clean election candidate" means a "qualified candidate" for public office who participates in the Citizens' Election Program.

(14) "Non-participating candidate" means a "qualified candidate" for public office who opts out or is disqualified from the Citizens' Election Program.

(15) "Qualifying report" is a list of all qualifying contributors and the dates and amounts of each of their contributions. Candidates may list more contributions on their qualifying report than are necessary to establish eligibility for receipt of an initial public financing benefit. Any contributors listed on a qualifying report over and above the minimum number necessary to establish eligibility shall be deemed for the purpose of matching funds.

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

(17) "Public financing qualifying period" means, for candidates seeking the nomination of an established party in a general primary election, the period beginning on the first day of July of an odd-numbered year and ending on the day before the beginning of the primary election campaign period. For all other candidates, the period beginning on the first day of July in an odd-numbered year and ending 7 days after the last date for nomination of candidates as set forth in Section 10-6 of the Election Code.

Section 2. Citizens' Election Fund. The Citizens' Election Fund is created as a special fund. The fund may contain any moneys required by law to be deposited into the fund. The State Comptroller shall administer the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. All moneys deposited into the fund shall be used for the purposes of this Act, including but not limited to ensuring compliance with this Act and promoting the income tax checkoff.

Section 3. Program established.

(a) There is established a Citizens' Election Program under which the candidate for nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of State, State Treasurer, State Senator, or State Representative may receive a grant from the Citizens' Election Fund for the candidate's primary campaign for that nomination.

(b) Any such candidate committee is eligible to receive such grants for a general primary campaign, if applicable, and a general election campaign if (1) the candidate certifies as a clean election candidate under Section 4, (2) the candidate's committee receives the required amount of qualifying contributions under Section 5, (3) the candidate's committee returns all contributions that do not meet the criteria for qualifying contributions under Section 5 to the Citizens' Election Fund, and (4) the candidate submits an application and the Board approves the application in accordance with the provisions of Sections 7 and 8.

Section 4. Participation.

(a) In order to participate in the Citizens' Election Program, candidates for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of State, State Treasurer, State Senator, or State Representative shall file an affidavit with the Board. The affidavit shall include written certifications (1) that the candidate is determined to abide by contribution restrictions under the Citizens' Election Program set forth in this Act during both the general primary and general election; (2) that the campaign treasurer of the candidate committee for that candidate shall expend any moneys received from the Citizens' Election Fund in accordance with rules adopted by the Board; (3) that the candidate shall repay to the fund moneys up to the amount of the grant plus matching funds received from the Citizens' Election Fund remaining in the candidate's depository account; and (4) stating if the candidate shall be referred to as an established party or new party candidate and the name of such party. A candidate for nomination or election to any such office shall file such affidavit during the specified public financing qualifying period.

(b) A candidate who so certifies his or her intent to abide by the contribution restrictions under the Citizens' Election Program set forth in this Act shall be referred to as a "clean election candidate".

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

(d) A clean election candidate may withdraw from participation in the Citizens' Election Program before applying for an initial grant under Section 7 of this Act, by filing an affidavit with the Board, which includes a written certification of such withdrawal. A candidate who files such an affidavit shall be deemed to be a non-participating candidate for the purposes of Sections 1 to 17, inclusive, of this Act and shall not be penalized for such withdrawal. No clean election candidate shall withdraw from participation in the Citizens' Election Program after applying for an initial grant under Section 7 of this Act.

(e) The campaign treasurer must submit reporting slips and an amount equal to the sum of the contributions collected to the Board throughout the general primary and general election cycles. The 3-part reporting slip, as defined in this subsection, shall include the printed name, registration address, and signature of the contributor, the name of the candidate for whom the contribution is made, the date, and the printed name and signature of the solicitor. If a contribution is received unsolicited, the candidate or contributor or campaign treasurer may sign the contribution form as the solicitor. Nothing in this Act shall prohibit the use of direct mail or the Internet to obtain contributions. A copy of the reporting slip shall be given as a receipt to the contributor, and the candidate's campaign committee shall retain a copy. The candidate must comply with this Act and ensure that the original slip is tendered to the Board, a copy remains with the candidate, and a copy is given to the contributor. Reporting lists shall be received by the campaign treasurer not later than 24 hours immediately preceding each required filing date.

(f) A clean election candidate shall only be permitted to use money received from the Citizens' Election Fund for purposes of nomination or election.

Section 5. Qualifying contributors.

(a) The number of qualifying contributors that the candidate committee of a candidate shall be required to receive during the public financing qualifying period in order to be eligible for grants from the Citizens' Election Fund shall be:

(1) In the case of a candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, or Secretary of State, contributions from 3,500 natural persons, of which 90% must reside in the State, must be received by that candidate in order to qualify for the Citizens' Election Program. The provisions of this subsection shall be subject to the following: (A) the candidate committee shall return the portion of any contribution or contributions from any natural person, including the candidate, that exceeds $500 and such excess portion shall not be considered in calculating the aggregate contribution amount under this subsection, and (B) all contributions received by an exploratory committee established by the candidate that meet the criteria for qualifying contributors under this Section shall be considered in tallying contributors; and

(2) In the case of a candidate for nomination or election to the office of State Senator for a district, contributions from 1,000 natural persons, of which 90% must reside in the State, must be received by the candidate in order to qualify for the Citizens' Election Program. The provisions of this subsection shall be subject to the following: (A) the candidate committee shall return the portion of any contribution or contributions from any natural person that exceeds $500, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subsection, and (B) all contributions received by an exploratory committee established by the candidate that meet the criteria for qualifying contributors to candidate committees under this Section shall be considered in tallying contributors.

(3) In the case of a candidate for nomination or election to the office of State Representative for a district, contributions from 500 natural persons, of which 90% must reside in the State, must be received by the candidate in order to qualify for the Citizens' Election Program. The provisions of this subsection shall be subject to the following: (A) the candidate committee shall return the portion of any contribution or contributions from any natural person that exceeds $500, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subsection, and (B) all contributions received by an exploratory committee established by the candidate that meet the criteria for qualifying contributors to candidate committees under this Section shall be considered in tallying contributors.

(4) The following shall not be deemed to be qualifying contributions under subsection (a) of this Section and shall be returned by the campaign treasurer of the candidate committee to the Citizens' Election Fund: (A) a contribution of $5 or more from a natural person who does not provide the full name and complete address of the person; and (B) a contribution from a person who does not reside in the State, in excess of the applicable limit on contributions from out-of-state natural persons in subsection (a) of this Section.

(b) Contributions received by clean election candidates over the set qualifying number of contributors specified in subsection (a) would count towards the match defined in Section 12 of this Act.

(c) A candidate or a person, who later becomes a candidate, or an agent of that candidate, may not assist another person in qualifying as a candidate for the same office if such a candidacy would result in a greater distribution of funds from the Citizens' Election Fund in a contested election, as specified under Section 8 of this Act.

Section 6. Agreement by candidate. An eligible candidate who accepts funds from the Citizens' Election Fund during the primary election campaign period must agree to comply with all requirements of this Act throughout the general election cycle as a precondition to receipt of public funds. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of this Act during the corresponding general election cycle.

Section 7. Application for grants.

(a) The application shall include a qualifying report, which demonstrates that the candidate committee has received contributions from the required number of contributors, and a written certification that;

(1) The candidate committee has repaid all moneys borrowed on behalf of the campaign, as required by subsection (b) of Section 11 of this Act;

(2) The candidate committee has returned any contribution of $5 or more from a natural person who does not include the person's name and address with the contribution;

(3) The candidate committee has returned all contributions or portions of contributions that do not meet the criteria for qualifying contributions under Section 5 of this Act and returned all excess qualifying contributions to the Citizens' Election Fund. That contribution shall not count toward the maximum amount that a contributor may contribute.

(4) The campaign treasurer of the candidate committee will comply with the provisions of Sections 1 to 17, inclusive, of this Act;

(5) All moneys received from natural persons and the Citizens' Election Fund will be deposited upon receipt into the depository account of the candidate committee;

(6) The campaign treasurer of the candidate committee will expend all moneys received from the fund in accordance with the general statutes and rules adopted by the Board; and

(7) If the candidate withdraws from the campaign, becomes ineligible, or dies during the campaign, the candidate committee of the candidate will return to the Board, for deposit in the fund, all moneys received from the fund, which that candidate committee has not spent or encumbered as of the date of such occurrence.

(b) Conditions.

(1) A clean election candidate for nomination to the office of Governor, Attorney General, State Comptroller, Secretary of State, State Treasurer, State Senator, or State Representative may apply to the Board for a grant from the Citizens' Election Fund for a general election campaign:

(A) After any primary held by such party for nomination for that office, if the Board certifies that the candidate is the party nominee;

(B) In the case of an independent candidate, after approval by the Board of such candidate's nominating petition.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, no clean election candidate for nomination or election who changes the candidate's status as an established party or independent candidate or becomes a candidate of a different party, after filing the affidavit required under Section 4 of this Act, shall be eligible to apply for a grant under the Citizens' Election Program for such candidate's general primary campaign for such nomination or general election campaign for such election.

(c) The application shall be accompanied by a report of expenditures made and expenses incurred but not yet paid by the candidate committee as of 3 days before the date that the application is signed. The candidate and the campaign treasurer of the candidate committee shall swear to such accounting under penalty of perjury. The Board shall prescribe the form of the application and the cumulative itemized accounting. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.

(d) Not later than 3 business days following receipt of any such application, the Board shall review the application, determine whether (1) the candidate committee for the applicant has received contributions from the required number of contributors, (2) in the case of an application for a grant from the fund for a general election campaign, the applicant has met the applicable condition under subsection (b) of this Section for applying for such grant and complied with the provisions of subsections (a) and (c) of this Section, (3) in the case of an application for a grant from the fund for a general election campaign, the applicant has met the applicable condition under subsection (a) of this Section for applying for such moneys and complied with the provisions of subsection (c) of this Section, and (4) in the case of an application by an independent candidate for a grant from the fund for a general election campaign, the applicant qualifies as an eligible independent candidate. If the Board approves an application, the Board shall determine the amount of the grant payable to the candidate committee for the applicant pursuant to Section 8 of this Act from the fund, and notify the State Comptroller and the candidate of such candidate committee, of such amount. As soon as practical, but in no event longer than 7 business days following notification by the Board, the State Comptroller shall draw an order for payment of such amount to the qualified candidate committee from the fund.

(e) If a nominated clean election candidate dies, withdraws the candidate's candidacy, or becomes disqualified to hold the office for which the candidate has been nominated after the Board approves the candidate's application for a grant under this Section, the candidate committee of the candidate who is nominated to replace that candidate shall be eligible to receive grants from the fund without complying with the provisions of Section 5 of this Act, if that replacement candidate files an affidavit under Section 4 of this Act certifying the candidate's intent to abide by the contribution limits set forth in this Act and notifies the Board on a form prescribed by the Board.

Section 8. Grants.

(a) Governor.

(1) The clean election candidate committee of a candidate for the office of Governor who has a general primary for nomination to that office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of $1,250,000, that amount to be adjusted under subsection (e) of this Section.

(2) If the clean election candidate for the office of Governor has an uncontested general primary election, the amount of the general primary election grant for which the clean election candidate committee for that candidate shall be eligible to receive is $375,000; that amount shall be adjusted under subsection (e) of this Section.

(3) The clean election candidate committee for the office of Governor who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of $3,000,000, that amount to be adjusted under subsection (e) of this Section.

(b) Other statewide offices.

(1) The clean election candidate committee for the office of Lieutenant Governor, Attorney General, State Comptroller, Secretary of State or State Treasurer who has a general primary election for nomination to that office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of $425,000; that amount shall be adjusted under subsection (e) of this Section.

(2) If the clean election candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, Secretary of State, or State Treasurer has an uncontested general primary election the amount of the general primary election grant for which the clean election candidate committee for that candidate shall be eligible to receive $375,000; that amount shall be adjusted under subsection (e) of this Section.

(3) The clean election candidate committee for the office of Attorney General, State Comptroller, Secretary of State, or State Treasurer who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of $1,000,000; that amount shall be adjusted under subsection (e) of this Section.

(c) State Senator.

(1) The clean election candidate committee of a candidate for the office of State Senator who has a general primary election for nomination to that office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of $300,000, provided if the vote totals of one established party candidate for Governor from the previous gubernatorial general election in the district served by that office exceeds any other established party's vote totals by at least 20%, the candidate from such party shall receive a grant of $400,000; these amounts shall be adjusted under subsection (e) of this Section.

(2) If the clean election candidate for the office of State Senator has an uncontested general primary election, the amount of the general primary grant for which the qualified candidate committee for that candidate shall be eligible to receive is $50,000;that amount shall be adjusted under subsection (e) of this Section.

(3) The clean election candidate committee for the office of State Senator who has been nominated shall be eligible to receive a grant from the fund for a contested general election campaign in the amount of $300,000; that amount shall be adjusted under subsection (e) of this Section.

(d) State Representative.

(1) The clean election candidate committee of a candidate for the office of State Representative who has a general primary election for nomination to that office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of $150,000, provided if the vote totals of one established party candidate for Governor from the previous general gubernatorial election in the district served by that office exceeds any other established party's vote totals by at least 20%, the candidate from such party shall receive a grant of $200,000; these amounts shall be adjusted under subsection (e) of this Section.

(2) If the clean election candidate for the office of State Representative has an uncontested general primary election, the amount of the general primary grant for which the clean election candidate committee for that candidate shall be eligible to receive is $25,000; that amount shall be adjusted under subsection (e) of this Section.

(3) The clean election candidate committee for the office of State Representative who has been nominated shall be eligible to receive a grant from the fund for a contested general election campaign in the amount of $150,000; that amount shall be adjusted under subsection (e) of this Section.

(e) Beginning on January 1, 2013 and every 2 years thereafter, the Board shall modify the public financing benefits provided for in Section 8 to adjust for the change in the Consumer Price Index, All Items, U. S. City Average, published by the United States Department of Labor for the preceding 2-year period ending on December 31.

(f) An independent candidate for the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, Treasurer, State Senator, or State Representative who is not seeking the nomination of an established party, after having received approval by the Board of such candidate's nominating petition and qualifying contributors, shall be eligible to receive a grant from the fund in the amount of three-quarters of the grant allocated to candidates for that office in an uncontested general primary election during the primary election campaign period.

(g) Increase in the grants under special circumstances.

(1) If the opposing, non-participating candidate's excess expenditures with respect to a clean election candidate for nomination or election exceeds the threshold amount, the initial grant for both the general primary and general election under this Section shall be increased in accordance with the formula in paragraph (3). As used in this subsection, "excess expenditure" means an expenditure made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more clean election candidates in a primary campaign or a general election campaign, which is in excess of the amount of the applicable grant for the clean election candidates for the campaign authorized under Section 8 of this Act.

(2) Threshold amount.

(A) In this subsection, the threshold amount with respect to an election period of a candidate described in paragraph (3) is an amount equal to the sum of:

(i) $100,000; and

(ii) $0.04 multiplied by the voting age population of the district in which the candidates are seeking office.

(B) For the purpose of subparagraph (g) (2) (A), the term "voting age population" means the number of adults over the age of 18 found residing in every county in the district or circuit by the U.S. Census Bureau at the last preceding decennial census.

(3) If the opposing candidate's personal funds amount is over:

(A) 2 times the threshold amount, but not over 4 times the amount, then the match, as specified under subsection (d) of Section 12 of this Act, shall be increased to a 4-to-1 match and the maximum amount of matching funds allocated, as specified under subsection (e) of Section 12 of this Act, shall be multiplied by 1.25.

(B) 4 times the threshold amount, but not over 10 times the amount, then the match, as specified under subsection (d) of Section 12 of this Act, shall be increased to a 5-to-1 match and the maximum amount of matching funds allocated, as specified under subsection (e) of Section 12 of this Act, shall be multiplied by 1.5.

(C) 10 times the threshold amount, then the match, as specified under subsection (d) of Section 12 of this Act, shall be increased to a 6-to-1 match and the maximum amount of matching funds allocated, as specified under subsection (e) of Section 12 of this Act, shall be multiplied by 2.

(4) If a court of competent jurisdiction prohibits or limits any provision of subsection (g) as unconstitutional, the provision within subsection (g) shall be inoperative.

(h) Notwithstanding the provisions of subsections (a) to (g), inclusive, of this Section:

(1) The initial grant that a clean election candidate committee for a candidate is eligible to receive under subsections (a) to (g), inclusive, of this Section shall be reduced by the amount of any personal funds that the candidate provides for the candidate's campaign for nomination or election pursuant to subsection (c) of Section 11 of this Act.

(2) If a clean election candidate is nominated at a general primary election and does not expend the entire grant for the primary campaign authorized under subsection (a), (b), (c), or (d) of this Section or all moneys that may be received for the general primary campaign under Section 12 of this Act, the amount of the grant for the general election campaign shall be reduced by the total amount of any such unexpended primary campaign grant and moneys.

(3) If a clean election candidate has an uncontested general election campaign, the candidate shall be eligible to receive 30% of the applicable general election grant set forth in subsections (a) to (d), inclusive.

Section 9. Depository accounts. The deposit of moneys from the Citizens' Election Fund shall be transferred into the depository account of a qualified candidate committee, no contribution, loan, amount of the candidate's own moneys, or any other moneys received by the candidate or the campaign treasurer on behalf of the committee shall be deposited into that depository account, except (1) grants from the fund, (2) any additional moneys from the fund as provided in Section 12 of this Act, and (3) contributions from natural persons under $500.

Section 10. General election campaign grants. A qualified candidate committee that received moneys from the Citizens' Election Fund for a general primary campaign and whose candidate is the party nominee shall receive a grant from the fund for a general election campaign. Upon receiving verification from the Board of the results of the votes cast at the primary, the Board shall notify the State Comptroller of the amount payable to such qualified candidate committee pursuant to Section 7 of this Act. As soon as is practical, but in no event longer than 7 business days following notification by the Board, the State Comptroller shall draw an order for payment of the general election campaign grant to that committee from that fund.

Section 11. Loans; personal funds; debt.

(a) The candidate committee for a candidate who intends to participate in the Citizens' Election Program may borrow moneys on behalf of a campaign for a general primary or a general election from one or more financial institutions. The amount borrowed shall not constitute a qualifying contribution under Section 5 of this Act.

(b) All such loans shall be repaid in full prior to the date such candidate committee applies for a grant from the Citizens' Election Fund pursuant to Section 7 of this Act. A candidate who fails to repay such loans or fails to certify such repayment to the Board shall not be eligible to receive and shall not receive grants from the fund.

(c) A candidate who intends to participate in the Citizens' Election Program may provide personal funds for such candidate's campaign for nomination or election in an amount not exceeding the following: (1) for a candidate for the office of Governor, $20,000; (2) for a candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of the State, $10,000; (3) for a candidate for the office of State Senator, $2,000; or (4) for a candidate for the office of State Representative, $1,000:

(1) Such personal funds shall not constitute a qualifying contribution under Section 5 of this Act.

(2) The initial grant that a qualified candidate committee for a candidate is eligible to receive under Section 8 of this Act shall be reduced by the amount of any personal funds that the candidate provides for the candidate's campaign for nomination or election.

(d) A candidate shall not incur obligations beyond funds raised or received in accordance with this Act.

Section 12. Matching funds.

(a) Clean election candidates shall qualify to receive matching funds from the Citizens’ Election Fund for contributions received from natural persons, following receipt of initial Citizens' Election Fund grants during both the primary and general election cycles.

(b) Clean election candidates shall receive a match from the Citizens' Election Fund on the portion of any given contribution up to $100 from a natural person, 90% of whom must reside in Illinois.

(c) Clean election candidates shall disclose to the Board individual contributions received following receipt of Citizens' Election Fund grants during both the primary and general elections, on a schedule to be adopted by rule.

(d) The Board shall direct the State Comptroller to allocate moneys from the Citizens' Election Fund to clean election candidates who have continued to receive contributions following the receipt of initial Citizens' Election Fund grants. The matching funds from the Citizens' Election Fund shall be allocated based upon a 3-to-1 match.

(e) Candidates may receive up to 2 times the grant received from the Citizens' Election Fund during both the general primary and general election cycle.

(f) Clean election candidates may continue to collect contributions of $500 or less from natural persons, 90% of whom must reside in Illinois, after receiving the maximum amount of matching funds from the Citizens' Election Fund; notwithstanding the aforementioned, no natural person may contribute more than $500 in any given general primary or general election to one clean election candidate.

Section 13. Creating rules regarding coordination with candidates.

(a) A contribution includes anything of value provided in coordination with a candidate for the purpose of influencing the outcome of an election.

(b) A coordinated activity is anything of value provided in coordination with a candidate (or party or agent) to influence an election, regardless of whether it contains express advocacy, including payments: in consultation with, or at request or suggestion of, a candidate, party, or agent; using candidate-prepared materials; based on information provided by candidate's campaign for purposes of expenditure; by a spender who during that election cycle has raised funds or acted in an official position for a candidate; for communications about campaign plans, directly or through a party; for in-kind professional services, directly or through a party, other than for voter guide mailings; and in coordination with a candidate to influence election regardless of whether the communication contains express advocacy.

Section 14. Contributions in excess of limit. If a contribution is found to be in excess of $500 during the course of either the primary or general election cycle, the candidate shall notify the Board and turn over the excess contribution within 3 business days to the Citizens' Election Fund, otherwise: (1) the committee shall not receive any additional grants or moneys from the fund for the remainder of the election cycle if the Board determines that the candidate or campaign treasurer of that committee had knowledge of the excess contribution, (2) the campaign treasurer shall be subject to penalties under Article 29 of the Election Code, and (3) the candidate of that candidate committee shall be deemed to be a non participating candidate for the purposes of Sections 1 to 17, inclusive, of this Act if the Board determines that the candidate or campaign treasurer of that committee had knowledge of the excess expenditure. The Board may waive the provisions of this subsection upon determining that an excess contribution is of minor consequence. The Board shall adopt rules establishing standards for making such determinations.

Section 15. Exploratory committee. If a candidate has established an exploratory committee, the campaign treasurer of the committee may distribute to the clean election candidate committee only that portion of such surplus that is attributable to contributions that meet the criteria for permissible contributions defined as $5 to $500 and shall distribute the remainder of such surplus to the Citizens' Election Fund.

Section 16. Board duties. The Board has the following duties:

(a) Annually, to issue a report on the status of the Citizens' Election Fund during the previous calendar year. Such report shall include the amount of moneys deposited in the fund, the sources of moneys received by category, the number of contributions, the number of contributors, the amount of moneys expended by category, the recipients of moneys distributed from the fund, and an accounting of the costs incurred by the Board in administering the provisions of Sections 1 to 17, inclusive, of this Act.

(b) To establish and administer a program of voluntary trainings on the Citizens’ Election Program for candidates and campaign treasurers.

(c) Not later than July 1 of the year preceding a general election, to determine whether the amount of moneys in the fund is sufficient to carry out the purposes of Sections 1 to 17, inclusive, of this Act. If the Board determines that such amount is not sufficient to carry out such purposes, the Board shall, not later than 3 days after such later determination, (1) determine the percentage of the fund's obligations that can be met for such election, (2) recalculate the amount of each payment that each qualified candidate committee is entitled to receive under Section 8 of this Act by multiplying such percentage by the amount that such committee would have been entitled to receive under Sections 1 to 17, inclusive, of this Act if there were a sufficient amount of moneys in the fund, and (3) notify each such committee of such insufficiency, percentage, and applicable recalculation. After a qualified candidate committee under Section 8 of this Act first receives any such recalculated payment, the committee may resume accepting contributions. The Board shall also issue a report on that determination.

Section 17. Application of Act. Candidates may begin participating under this Act on July 1, 2011 for the 2012 general primary and general election cycles, unless the Board declares that the Citizens' Election Fund has insufficient funds.

Section 85. The Election Code is amended by changing the heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, 9-1.20, 9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-2.5, 9-2.7, 9-8.5, 9-8.7, 9-25.1, and 12A-5 as follows:

(10 ILCS 5/Art. 9 heading)

ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN

CONTRIBUTIONS AND EXPENDITURES

(10 ILCS 5/9-1) (from Ch. 46, par. 9-1)

Sec. 9-1. As used in this Article, unless the context otherwise requires, the terms defined in Sections 9-1.1 through 9-1.24 9-1.13, have the respective meanings as defined in those Sections.

(Source: P.A. 86-873.)

(10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)

Sec. 9-1.4. Contribution.

(A) "Contribution" means-

(1) a gift, subscription, donation, dues, loan, advance, or deposit of money or anything of value, knowingly received in connection with the nomination for election, or election, or retention of any person to or in public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy;

(1.5) a gift, subscription, donation, dues, loan, advance, deposit of money, or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents;

(2) the purchase of tickets for fund-raising events, including but not limited to dinners, luncheons, cocktail parties, and rallies made in connection with the nomination for election, or election, or retention of any person to or in public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy;

(3) a transfer of funds between political committees; and

(4) the services of an employee donated by an employer, in which case the contribution shall be listed in the name of the employer, except that any individual services provided voluntarily and without promise or expectation of compensation from any source shall not be deemed a contribution; and but

(5) any expenditure made in cooperation, consultation, or concert with the committee, but

(6) (5) does not include--

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

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

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

(d) voter registration and get-out-the-vote campaigns that make no mention of any clearly identified candidate, public question, or political party, or group or combination thereof;

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

(f) a secured loan of money by a national or State bank or credit union made in accordance with the applicable banking laws and regulations and in the ordinary course of business; however, the use, ownership, or control of any security for such a loan, if provided by a person other than the candidate or his or her committee, qualifies as a contribution.

(B) Interest or other investment income, earnings or proceeds, and refunds or returns of all or part of a committee's previous expenditures, shall not be considered contributions for the purposes of Section 9-8.5 but shall be listed with contributions on disclosure reports required by this Article.

(Source: P.A. 94-645, eff. 8-22-05.)

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

Sec. 9-1.5. Expenditure defined.

"Expenditure" means-

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

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

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

(2) a transfer of funds between political committees.

(3) a payment for electioneering communications.

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

(10 ILCS 5/9-1.16 new)

Sec. 9-1.16. Independent expenditure. "Independent expenditure" means an expenditure by a person:

(a) expressly advocating the election or defeat of a clearly identified candidate; and

(b) that is not made in cooperation, consultation, or concert with or at the request or suggestion or the candidate, the candidate's authorized political committee or agents, or agents thereof.

(10 ILCS 5/9-1.17 new)

Sec. 9-1.17. Clearly identified or identifiable. "Clearly identified" or "clearly identifiable" means that:

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

(b) the identify of the candidate is apparent by unambiguous reference.

(10 ILCS 5/9-1.18 new)

Sec. 9-1.18. Regular election period. "Regular election period" means any of:

(a) the period beginning on January 1 immediately following the date of the general election for the office to which a candidate seeks nomination or election and ending the day of the General primary election for that office;

(b) the period beginning on the day after the general primary election for the office to which the candidate seeks nomination or election and ending on the December 31 after the general election for that office;

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

(10 ILCS 5/9-1.19 new)

Sec. 9-1.19. Municipal election period. "Municipal election period" means the period beginning on July 1 immediately following the date of the consolidated primary election or consolidated election at which the office for which the candidate seeks nomination or election is filled and ending on June 30 immediately preceding the date of the next consolidated primary election for that office, unless the office is not filled at the consolidated primary election, in which instance candidates who will seek office in the next upcoming consolidated election may begin a new municipal election period the day after the consolidated primary election and ending on the next June 30.

(10 ILCS 5/9-1.20 new)

Sec. 9-1.20. Labor organization. The term "labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(10 ILCS 5/9-1.21 new)

Sec. 9-1.21. Corporation. The term "corporation" includes a limited liability company, partnership, professional practice, cooperative, or sole proprietorship, whether organized on a for-profit or non-profit basis.

(10 ILCS 5/9-1.22 new)

Sec. 9-1.22. Association. The term "association" means any group, club, meeting, collective, membership organization, collection of persons, any entity organized under Section 501 or 527 of the Internal Revenue Code, or any other entity other than a natural person, except that an association does not include a political committee organized under this Article.

(10 ILCS 5/9-1.23 new)

Sec. 9-1.23. Earmarked. The term "earmarked" means a designation, instruction, or encumbrance, whether direct or indirect, express or implied, oral or written, that results in all or any part of a contribution or expenditure being made to, or expended on behalf of, a clearly identified candidate a candidate's designated committee, or a committee in support of or opposition to a public question.

(10 ILCS 5/9-1.24 new)

Sec. 9-1.24. Conduit and intermediary. The terms "conduit" and "intermediary" are interchangeable and mean any person who receives a contribution earmarked by the contributor to be forwarded or transmitted to another.

(10 ILCS 5/9-2.5 new)

Sec. 9-2.5. Single political committee.

(a) Except as provided by this Section, no public official or candidate for public office may establish more than one political committee for each office that public official or candidate occupies or is seeking.

(b) A public official with one or more pre-existing committees bound by the limits of any subsection of Section 9-8.5 considering a candidacy for any office covered by the limits of any different subsection of Section 9-8.5 must form a new committee, to be termed an exploratory committee. A pre-existing committee created for the primary purpose of aiding that candidate's election to other offices that ceases all fundraising after the creation of an exploratory committee may transfer funds without limit to an exploratory committee. Should the candidate decide against running for the new office, fail to qualify for the ballot at the next election, or lose the next election, any remaining funds held by the exploratory committee shall be returned to contributors or donated to charity, and the committee shall be closed, within 90 days.

(c) The public officials elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives may each establish and operate one additional political committee for the purpose of supporting the election of candidates to the General Assembly. The committees provided for in this subsection (c) shall not be considered established by the President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, or Minority Leader of the House of Representatives for purposes of Section 9-8.5.

(10 ILCS 5/9-2.7 new)

Sec. 9-2.7. Political committee designations.

(a) Candidate committees.

(1) Each candidate shall designate in writing one and only one political committee to serve as the political committee of the candidate. The designation shall be made no later than 15 days after becoming a candidate or establishing the committee and shall be filed with the State Board of Election. Any committee so designated may, within 10 business days after notification of the designation, reject the designation. If a committee rejects a candidate designation, the committee must return to donors any funds raised as a result of the designation, and the candidate must create and designate a new committee within 5 business days after the rejection.

(2) The name of the designated committee shall include the name of the candidate who authorized the committee under paragraph (1). No political committee that is not an authorized candidate committee may include the full name of that candidate in its name.

(b) Party committees.

(1) Any political organization or party may designate in writing one and only one political committee to serve as the political committee of the party for elections to State or local office. The designation shall be made no later than 15 days after the effective date of this amendatory Act of the 96th General Assembly, or 15 days after formation of the committee, and shall be filed with the State Board of Election. The designation of a party committee may be changed only upon the replacement of the party chairman.

(2) The name of the designated committee shall include the name of the party that authorized the committee under paragraph (1). No political committee that is not an authorized party committee may include the full name of that party in its name.

(c) Caucus committees.

(1) The public officials elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives may each designate in writing one and only one political committee to serve as the political committee of his or her caucus. The designation shall be made no later than 15 days after the start of the General Assembly, and shall be filed with the State Board of Election. The designation of a caucus committee may not be changed, revoked, or altered until the start of the next General Assembly unless the person elected to the office authorized to designate the caucus committee also changes; the new leader may designate a new committee within 15 days after taking office. All contributions from all committees designated the caucus committee for a particular caucus made during a single election period shall be aggregated for the purposes of Section 9-8.5.

(2) The name of the designated committee shall include a clear and unambiguous reference to the caucus that authorized the committee under paragraph (1). No political committee that is not an authorized caucus committee may include the name of that caucus in its name.

(d) All designations, statements, and reports required to be filed under this Section shall be filed with the Board. The Board shall retain and make the designations, statements, and reports received under this Section available for public inspection and copying in the same manner as statements of organization.

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Limitation on contributions.

(a) It shall be unlawful for any person to make contributions to a political committee except as provided in this Section.

(b) For political committees designated by a candidate for legislative office:

(1) Natural persons may contribute no more than $2,300 during any regular election period in which the candidate who designated the committee is seeking nomination or election.

(2) Political committees established by a State political party may contribute not more than $30,000 during the regular election period that includes the general election in which the candidate who designated the committee is seeking election; provided that all committees established by a State political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Political committees established by a partisan legislative caucus may contribute not more than $30,000 during any regular election period in which the candidate who designated the committee is seeking nomination or election.

(4) Any other political committee not designated or controlled by the candidate may contribute no more than $5,000 during a regular election period in which the candidate who designated the committee is seeking nomination or election.

(5) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(c) For political committees designated by a candidate for a local office or for ward or township committeeman in counties of 3,000,000 or more population:

(1) Natural persons may contribute no more than $2,300 during any regular election period in which the candidate who designated the committee is seeking nomination or election.

(2) The candidate may designate one and only one political party whose political committees may contribute not more than $10,000 during the regular election period that includes the general election in which the candidate who designated the committee is seeking election; provided that all committees established by the political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Any other political committee not designated or controlled by the candidate may contribute no more than $5,000 during a regular election period in which the candidate who designated the committee is seeking nomination or election.

(3.5) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(4) Committees designated by one or more candidates for any office required to file a statement of economic interests with a county clerk may select to follow the municipal election calendar. Committees that select to follow the municipal election calendar must make that decision at least 18 months prior to the next consolidated primary election or within 30 days after creation. The selection to follow the municipal election calendar is irrevocable. For committees that select to follow the municipal election calendar:

(A) Natural persons may contribute no more than $2,300 during any Municipal election period in which the candidate who designated the committee is seeking nomination or election.

(B) The candidate may designate one and only one political party whose political committees may contribute not more than $10,000 during the regular election period that includes the consolidated election in which the candidate who designated the committee is seeking election; provided that all committees established by the political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(C) Any other political committee not designated or controlled by the candidate may contribute no more than $5,000 during any municipal election period in which the candidate who designated the committee is seeking nomination or election.

(D) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(d) For political committees designated by a candidate for State office, other than for legislative or statewide office:

(1) Natural persons may contribute no more than $2,300 during any regular election period in which the candidate who designated the committee is seeking nomination, election, or retention.

(2) The candidate may designate one and only one political party whose political committees may contribute not more than $10,000 during the regular election period that includes the general election in which the candidate who designated the committee is seeking election; provided that all committees established by the political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Any other political committee not designated or controlled by the candidate may contribute no more than $5,000 during a regular election period in which the candidate who designated the committee is seeking nomination, election, or retention.

(4) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(e) For political committees designated by a candidate for statewide office:

(1) Natural persons may contribute no more than $2,300 during any regular election period.

(2) The candidate may designate one and only one political party whose political committees may contribute not more than $125,000 during the regular election period that includes the general election in which the candidate who designated the committee is seeking election; provided that all committees established by the political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Any other political committee not designated or controlled by the candidate may contribute no more than $5,000 during a regular election period.

(4) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(f) For political committees designated by an established political party:

(1) Natural persons may contribute no more than $2,300 during any regular election period during which any candidate actively supported by the party is seeking nomination or election.

(2) Any other political committee may contribute no more than $5,000 during any regular election period during which any candidate actively supported by the party is seeking nomination or election.

(3) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(g) For political committees designated by a legislative caucus:

(1) Natural persons may contribute no more than $2,300 during any regular election period during which any candidate actively supported by the caucus is seeking nomination or election.

(2) Any other political committee may contribute no more than $5,000 during any regular election period during which any candidate actively supported by the caucus is seeking nomination or election.

(3) A corporation, labor organization, or association may contribute from its own treasuries no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(h) For any other political committee, natural persons may contribute no more than $2,300 during any period beginning on January 1 of an odd-numbered year and ending on December 31 of an even-numbered year. A corporation, labor organization, association, or other political committee may contribute no more than $5,000 during each election period. All contributions from associated entities, including political committees for which the corporation, labor organization, or association is the sponsoring entity, shall be aggregated for the purposes of this Section.

(i) Nothing in this Section shall prohibit political committees from dividing the proceeds of joint fund raising efforts; provided that no political committee may receive more than the limit from any one donor and all donations shall be listed as from their true origin.

(j) No natural person, corporation, labor organization, or association may contribute in aggregate more than $80,000 to political committees during any period beginning on January 1 of an odd-numbered year and ending on December 31 of an even-numbered year.

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

(l) In any instance where a corporation and any of its subsidiaries, branches, divisions, departments, or local units; a labor organization and any of its subsidiaries, branches, divisions, departments, or local units; or an association or any of its affiliates, subsidiaries, branches, divisions, departments, or local units contribute to one or more political committees or establish, maintain, or control more than one separate segregated fund qualified as a political committee, all of the related contributing entities shall be treated as a single contributing entity for the purposes of the limitations provided by this Section.

(m) Expenditures.

(1) Expenditures made by any person in cooperation, consultation, or concert with a candidate, his or her authorized committee, or their agents, shall be considered a contribution to the candidate's designated political committee for the purpose of this Section.

(2) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her political committee, or their authorized agents shall be considered to be a contribution to the candidate's designated political committee for the purposes of this Section.

(n) For the purposes of the limitations designated by this Section, all contributions made by a person, either directly or indirectly, to a particular candidate, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to a candidate's committee, shall be treated as contributions from the person to the candidate's committee. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the Board and to the intended recipient within 10 days after the person made the contribution, or upon transmittal to the candidate, whichever is earlier. A conduit's or intermediary's contribution limits are not affected by the forwarding of an earmarked contribution except where the conduit or intermediary exercises any direction or control over the choice of the recipient. Any person who is prohibited from making contributions or expenditures in connection with a candidate or public question shall be prohibited from acting as a conduit for contributions earmarked for that candidate or public question, and any person who is prohibited from acting as a conduit who receives an earmarked contribution shall return that contribution to the contributor without transmitting or forwarding it to the committee of the candidate or public question.

(o) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this Section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate or knowingly make any expenditure on behalf of a candidate in violation of any limitation designated for contributions and expenditures under this Section.

(p) Multiple designations.

(1) No committee may accept donations larger than those specified in this Section, regardless of the number of candidates that may designate that committee under Section 9-2.7.

(2) Any committee designated by candidates who individually qualify under different subsections of this Section shall be bound by the lower limit.

(q) Complaints.

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

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

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

(4) In addition to any other penalties authorized by this Article, the State Board of Elections, any political committee, or any person may apply to the circuit court for a temporary restraining order or a preliminary or permanent injunction against a political committee or any other entity to cease the expenditure of funds in violation of this Section and to cease operations until the Board determines that the committee or entity is in compliance with this Section.

(r) Penalties.

(1) Any person who violates this Section shall be fined the greater of $10,000 or 3 times the value of the excess contribution or expenditure.

(2) The State Board of Elections shall assess a penalty of up to $5,000 for each violation against the recipient of any contribution in violation of this Section if the recipient knew that the donation was in violation of this Section. For purposes of this Section, a recipient knew that the donation was in violation of this Section if the candidate, the committee chairman or treasurer, or any natural person paid to perform regular campaign tasks knew that the donation was in violation of this Section.

(10 ILCS 5/9-8.7 new)

Sec. 9-8.7. Soliciting of contributions by associations, corporations, or labor organizations.

(a) It is unlawful for any person affiliated in any way with a corporation knowingly soliciting an employee of that corporation for a contribution to a political committee to fail to inform the employee at the time of the solicitation of the political purposes of the fund. It is unlawful for any person affiliated in any way with a labor organization or association knowingly soliciting an member of that labor organization or association for a contribution to a political committee to fail to inform the member at the time of the solicitation of the political purposes of the fund.

(b) It is unlawful for any person affiliated in any way with a corporation knowingly soliciting an employee of that corporation for a contribution to a political committee to fail to inform the employee at the time of the solicitation of the employee's right to refuse to contribute without any reprisal. It is unlawful for any person affiliated in any way with a labor organization or association knowingly soliciting any member of the same labor organization or association for a contribution to a political committee to fail to inform the employee at the time of the solicitation of the employee's right to refuse to contribute without any reprisal.

(c) Complaints.

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

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

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

(4) In addition to any other penalties authorized by this Article, the State Board of Elections, any political committee, or any person may apply to the circuit court for a temporary restraining order or a preliminary or permanent injunction against a political committee or any other entity to cease the expenditure of funds in violation of this Section and to cease operations until the Board determines that the committee or entity is in compliance with this Section.

(d) Penalties. Any person who violates this Section shall be fined $200 for each person improperly solicited. Contributions received from any donor within 6 months after an improper solicitation of that donor must be returned to the donor.

(10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.

46, pars. 102, 103 and 104)

Sec. 9-25.1. Election interference.

(a) As used in this Section, "public funds" means any funds appropriated by the Illinois General Assembly or by any political subdivision of the State of Illinois.

(b) Except as otherwise provided by statute, rule, or ordinance, no No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This Section shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot, or for dissemination of information and arguments published and distributed under law in connection with a proposition to amend the Constitution of the State of Illinois.

(c) The first time any person violates any provision of this Section, that person shall be guilty of a Class B misdemeanor. Upon the second or any subsequent violation of any provision of this Section, the person violating any provision of this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 87-1052.)

(10 ILCS 5/12A-5)

Sec. 12A-5. Internet Guide. The Board shall publish, no later than the 45th day before each a general election in which a statewide candidate appears on the ballot, an Internet website with the following information:

(1) The date and time of the general election.

(2) Requirements for a citizen to qualify as an elector.

(3) The deadline for registering as an elector in the State of Illinois for the next election.

(4) Contact information for local election authorities.

(5) A description of the following offices, when they appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge, State Senator, and State Representative. The Board shall not include information on any office other than the offices listed in this item (5).

(6) The names and party affiliations of qualified candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge, State Senator, and State Representative. The Board shall not include information on candidates for any office other than the offices listed in this item (6).

(7) Challenged candidates. Where a candidate's right to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.

(8) Any personal statement and photograph submitted by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.

(9) A means by which an elector may determine what type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.

(10) The text of any public question that may appear on the ballot.

(11) A mechanism by which electors may determine in which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.

(12) Information concerning how to become an election judge.

(13) A list of the clean election candidates in that general election.

The Board shall archive the contents of the Internet Guide for a period of at least 5 years.

In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.

(Source: P.A. 94-645, eff. 8-22-05.)

Section 90. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Citizens' Election Fund.

Section 95. The Illinois Income Tax Act is amended by adding Section 507SS as follows:

(35 ILCS 5/507SS new)

Sec. 507SS. Citizens' Election Fund. The Department shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Citizens' Election Fund, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly. This Section shall not apply to any amended return.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".