HB5692 96TH GENERAL ASSEMBLY

LRB096 18948 JAM 34336 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5692

Introduced 2/9/2010, by Rep. William D. Burns

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/9-25.1	from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
10 ILCS 5/12A-5
30 ILCS 105/5.755 new
35 ILCS 5/507UU new

Creates the Lincoln Act. Provides for a voluntary program of public financing for candidates for the executive branch constitutional offices and General Assembly members beginning in 2011, to be administered by the State Board of Elections. Amends the State Finance Act and the Illinois Income Tax Act to create the necessary special fund and an income tax check-off to support the financing program. Amends the Election Code. Makes a conforming change concerning the use of public funds. Requires that the State Board of Elections publish its Internet voters' guide before every general election (now, general elections when statewide officers are elected) and include candidates for the General Assembly and a list of candidates participating in the public financing program. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

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

Section 1. Short title. This Act may be cited as the 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 Sections 9-25.1 and 12A-5 as follows:

(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 5.755 as follows:

(30 ILCS 105/5.755 new)

Sec. 5.755. The Citizens' Election Fund.

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

(35 ILCS 5/507UU new)

Sec. 507UU. 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.