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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Small Donor | |||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Democracy Matching System for Fair Elections Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 9-25.1 and by adding Article 9A as follows:
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8 | (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 46, pars. 102, 103 and 104)
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10 | Sec. 9-25.1. Election interference.
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11 | (a) As used in this Section, "public funds" means any | |||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | funds appropriated
by the Illinois General Assembly or by any | |||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | political subdivision of the
State of Illinois.
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14 | (b) No public funds shall be used to urge any elector to | |||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | vote for or
against any candidate or proposition, or be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | appropriated for political or
campaign purposes to any | |||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | candidate or political organization. This Section
shall not | |||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | prohibit the use of public funds for dissemination of factual
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19 | information relative to any proposition appearing on an | |||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | election ballot,
or for dissemination of information and | |||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | arguments published and distributed
under law in connection | |||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | with a proposition to amend the Constitution
of the State of |
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1 | Illinois. However, this Section does not apply to funds | ||||||
2 | expended in connection with the campaign contribution matching | ||||||
3 | program established in Article 9A of this Code or similar | ||||||
4 | systems of public financing for elections established by a | ||||||
5 | home rule unit of government.
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6 | (c) The first time any person violates any provision of | ||||||
7 | this Section, that
person shall be guilty of a Class B | ||||||
8 | misdemeanor. Upon the second or any
subsequent violation of | ||||||
9 | any provision of this Section, the person violating
any | ||||||
10 | provision of this Section shall be guilty of a Class A | ||||||
11 | misdemeanor.
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12 | (Source: P.A. 87-1052.)
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13 | (10 ILCS 5/Art. 9A heading new) | ||||||
14 | ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING | ||||||
15 | (10 ILCS 5/9A-5 new) | ||||||
16 | Sec. 9A-5. Legislative findings. The General Assembly | ||||||
17 | finds that the current campaign finance system: | ||||||
18 | (1) discourages many otherwise qualified candidates | ||||||
19 | from running for office because of the need to raise | ||||||
20 | substantial sums of money to be competitive and to enable | ||||||
21 | them to adequately get their message out to voters; | ||||||
22 | (2) forces candidates to raise larger and larger | ||||||
23 | percentages of money from interest groups that have a | ||||||
24 | specific financial stake in matters before State |
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1 | government to keep pace with rapidly increasing campaign | ||||||
2 | costs; | ||||||
3 | (3) diminishes elected officials' accountability to | ||||||
4 | their constituents by compelling them to be | ||||||
5 | disproportionately accountable to the relatively small | ||||||
6 | group of contributors who finance their election | ||||||
7 | campaigns; | ||||||
8 | (4) diminishes the rights of all citizens to equal and | ||||||
9 | meaningful participation in the democratic process; | ||||||
10 | (5) disadvantages challengers, because campaign | ||||||
11 | contributors tend to give their money to incumbents, thus | ||||||
12 | causing elections to be less competitive; | ||||||
13 | (6) burdens candidates with the incessant rigors of | ||||||
14 | fundraising and thus decreases the time available to carry | ||||||
15 | out their public responsibilities; and | ||||||
16 | (7) necessitates the creation of a Fair Elections | ||||||
17 | Small Donor Democracy Matching System to address these | ||||||
18 | concerns. | ||||||
19 | (10 ILCS 5/9A-10 new) | ||||||
20 | Sec. 9A-10. Scope. The program created under this Article | ||||||
21 | applies to candidates for the offices of Governor, Attorney | ||||||
22 | General, State Comptroller, State Treasurer, Secretary of | ||||||
23 | State, State Senator, and State Representative. Candidates for | ||||||
24 | these offices are eligible to participate in the matching | ||||||
25 | funds program established by this Article. |
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1 | (10 ILCS 5/9A-15 new) | ||||||
2 | Sec. 9A-15. Definitions. As used in this Article: | ||||||
3 | "Board" means the Campaign Finance Board of the State | ||||||
4 | Board of Elections created under this Article. | ||||||
5 | "Candidate" means any person who seeks nomination for | ||||||
6 | election, election to, or retention in public office as a | ||||||
7 | Constitutional State Officer or a member of the Illinois | ||||||
8 | Senate or General Assembly. A person seeks nomination for | ||||||
9 | election, election, or retention if he or she (1) takes the | ||||||
10 | action necessary under the laws of this State to attempt to | ||||||
11 | qualify for nomination for election, election to, or retention | ||||||
12 | in public office or (2) receives contributions or makes | ||||||
13 | expenditures, or gives consent for any other person to receive | ||||||
14 | contributions or make expenditures with a view to bringing | ||||||
15 | about his or her nomination for election or election to or | ||||||
16 | retention in public office. | ||||||
17 | "Contribution" has the meaning ascribed to it in Section | ||||||
18 | 9-1.4 of this Code, but does not include anything deemed an | ||||||
19 | independent expenditure under this Article. | ||||||
20 | "Coordination" means an expenditure made in cooperation, | ||||||
21 | consultation, or concert with or at the request or suggestion | ||||||
22 | of a candidate, an authorized committee of a candidate, a | ||||||
23 | political committee of a political party, or agents of the | ||||||
24 | candidate or candidate political committee, or any payment for | ||||||
25 | any communication which republishes, disseminates, or |
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1 | distributes, in whole or in part, any broadcast or any | ||||||
2 | written, graphic, or other form of campaign material prepared | ||||||
3 | by the candidate or his or her candidate political committee | ||||||
4 | or their agents. | ||||||
5 | "Election cycle" means the time beginning on the January 1 | ||||||
6 | following a general election and ending on the December 31 | ||||||
7 | following the next general election. | ||||||
8 | "Expenditure" means: | ||||||
9 | (1) a payment, distribution, purchase, loan, advance, | ||||||
10 | deposit, gift of money, or anything of value, in | ||||||
11 | connection with the nomination for election, election, or | ||||||
12 | retention of any person to or in public office or in | ||||||
13 | connection with any question of public policy; or | ||||||
14 | (2) a payment, distribution, purchase, loan, advance, | ||||||
15 | deposit, gift of money, or anything of value that | ||||||
16 | constitutes an electioneering communication made in | ||||||
17 | concert or cooperation with or at the request, suggestion, | ||||||
18 | or knowledge of a candidate, a political committee, or any | ||||||
19 | of their agents; or a transfer of funds by a political | ||||||
20 | committee to another political committee. | ||||||
21 | However, "expenditure" does not include: | ||||||
22 | (A) the use of real or personal property and the cost | ||||||
23 | of invitations, food, and beverages, voluntarily provided | ||||||
24 | by an individual in rendering voluntary personal services | ||||||
25 | on the individual's residential premises for | ||||||
26 | candidate-related activities; provided the value of the |
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1 | service provided does not exceed an aggregate of $150 in a | ||||||
2 | reporting period as the Board may further define; or | ||||||
3 | (B) sale of any food or beverage by a vendor for use in | ||||||
4 | a candidate's campaign at a charge less than the normal | ||||||
5 | comparable charge, if such charge for use in a candidate's | ||||||
6 | campaign is at least equal to the cost of such food or | ||||||
7 | beverage to the vendor. | ||||||
8 | "Fund" means the Small Donor Democracy Matching Fund | ||||||
9 | established under this Article. | ||||||
10 | "Immediate family" means a person's parents, siblings, | ||||||
11 | spouse, and children. | ||||||
12 | "Independent expenditure" means an expenditure by anyone, | ||||||
13 | including, but not limited to, any individual, corporation, | ||||||
14 | partnership, political action committee, association, or | ||||||
15 | party, that would otherwise constitute a contribution or | ||||||
16 | expenditure under this Article, but that is made without any | ||||||
17 | cooperation, consultation, or agreement with any political | ||||||
18 | candidate. | ||||||
19 | "Initial qualifying contribution" means a qualified | ||||||
20 | contribution used for the purpose of determining whether a | ||||||
21 | candidate has raised the minimum number of contributions to | ||||||
22 | participate in the small donor matching funds system under | ||||||
23 | this Article. | ||||||
24 | "Matching funds" means funds paid to a participating | ||||||
25 | candidate under this Article. | ||||||
26 | "Matching funds program" means the campaign donation |
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1 | matching funds program created under this Article. | ||||||
2 | "Nomination period" means the period specified under this | ||||||
3 | Code during which candidates must submit nomination papers for | ||||||
4 | any of the State offices covered by this Article. | ||||||
5 | "Non-participating candidate" means any candidate who is | ||||||
6 | not a participating candidate, including any candidate who has | ||||||
7 | not qualified for matching funds or who has elected not to | ||||||
8 | participate in the matching funds program. | ||||||
9 | "Participating candidate" means a candidate who qualifies | ||||||
10 | for matching funds under this Article and opts to participate | ||||||
11 | in the matching funds program created under this Article. | ||||||
12 | "Qualified contribution" means a monetary contribution not | ||||||
13 | less than $25 and not greater than the initial $150 of any | ||||||
14 | contribution made by a qualified contributor. | ||||||
15 | "Qualified contributor" means a natural person resident in | ||||||
16 | the State who will be eligible to vote within the current | ||||||
17 | election cycle other than the candidate, members of the | ||||||
18 | candidate's immediate family, and any political action | ||||||
19 | committee controlled by the candidate. | ||||||
20 | "Qualifying period" means the period beginning the day | ||||||
21 | after the date of the most recent general election for the | ||||||
22 | specific office or seat that a candidate is seeking and ending | ||||||
23 | on the day prior to the election (whether primary or general | ||||||
24 | election) for which the matching funds are sought. | ||||||
25 | (10 ILCS 5/9A-20 new) |
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1 | Sec. 9A-20. Small Donor Democracy Matching Fund. | ||||||
2 | (a) There is created a Small Donor Democracy Matching Fund | ||||||
3 | as a special fund in the State treasury. The Fund is | ||||||
4 | established for the purposes of: | ||||||
5 | (1) providing public financing for the election | ||||||
6 | campaigns of participating candidates under this Article; | ||||||
7 | and | ||||||
8 | (2) paying for the administrative and enforcement | ||||||
9 | costs of the Board related to the matching funds program | ||||||
10 | created by this Article. | ||||||
11 | (b) The General Assembly shall annually appropriate either | ||||||
12 | $1 per resident of this State or one-twentieth of 1% of the | ||||||
13 | State's annual budget, whichever is greater, to the Fund. The | ||||||
14 | General Assembly shall appropriate no more than $50,000,000 to | ||||||
15 | the Fund in any election cycle. | ||||||
16 | (c) Other revenue that shall be deposited into the Fund | ||||||
17 | includes: | ||||||
18 | (1) any funds returned by any participating candidate | ||||||
19 | that remain unspent by a participating candidate following | ||||||
20 | the date of the election for which they were distributed, | ||||||
21 | in accordance with subsection (c) of Section 9A-55 of this | ||||||
22 | Code; | ||||||
23 | (2) fines levied by the Board or courts against | ||||||
24 | candidates for violations of this Code, except as | ||||||
25 | otherwise provided by this Code; and | ||||||
26 | (3) voluntary donations made directly to the Fund. |
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1 | (10 ILCS 5/9A-25 new) | ||||||
2 | Sec. 9A-25. Eligibility for matching funds. | ||||||
3 | (a) To be eligible to be certified as a participating | ||||||
4 | candidate, a candidate must: | ||||||
5 | (1) During the qualifying period for the election | ||||||
6 | involved, choose to participate in the matching funds | ||||||
7 | program by filing with the Board a written application for | ||||||
8 | certification as a participating candidate in such form as | ||||||
9 | may be prescribed by the Board, containing the identity of | ||||||
10 | the participating candidate, the office that the | ||||||
11 | participating candidate seeks, and the participating | ||||||
12 | candidate's signature, under penalty of perjury, | ||||||
13 | certifying that: | ||||||
14 | (A) the participating candidate has complied since | ||||||
15 | the last election or the effective date of this | ||||||
16 | amendatory Act of the 103rd General Assembly, | ||||||
17 | whichever is most recent, and will continue to comply, | ||||||
18 | with the restrictions of this Article during the | ||||||
19 | applicable election cycle; a candidate who has | ||||||
20 | accepted impermissible contributions prior to filing | ||||||
21 | to participate in this program shall return any such | ||||||
22 | impermissible contributions prior to filing to | ||||||
23 | participate in this matching funds program to the | ||||||
24 | extent practical, as determined by the Board in | ||||||
25 | adopted rules; and |
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1 | (B) the participating candidate's campaign | ||||||
2 | committee has filed all campaign finance reports | ||||||
3 | required by law during the applicable election cycle | ||||||
4 | to date and that they are complete and accurate. | ||||||
5 | (2) Sign a participating candidate contract signifying | ||||||
6 | the candidate's prior compliance and continuing commitment | ||||||
7 | to comply with the requirements of this Article, to comply | ||||||
8 | with the contribution limits set forth in this Article and | ||||||
9 | in that contract, and to comply with any other | ||||||
10 | requirements set forth in that contract. | ||||||
11 | (3) Meet all requirements of applicable law to be | ||||||
12 | listed on the ballot. | ||||||
13 | (4) Before the close of the qualifying period, collect | ||||||
14 | at least the following number of initial qualifying | ||||||
15 | contributions for the following offices: 1,000 for | ||||||
16 | candidates for Governor; 500 for candidates for Lieutenant | ||||||
17 | Governor, Attorney General, State Comptroller, State | ||||||
18 | Treasurer, and Secretary of State; 200 for candidates for | ||||||
19 | State Senator; and 100 for candidates for State | ||||||
20 | Representative. | ||||||
21 | Each initial qualifying contribution shall: | ||||||
22 | (A) have the initial qualified contributor's | ||||||
23 | signature, or an electronic equivalent for any | ||||||
24 | donations received on-line, signifying that the | ||||||
25 | initial qualified contributor understands that the | ||||||
26 | purpose of the initial qualifying contribution is to |
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1 | help the candidate qualify for the matching funds | ||||||
2 | program and that the contribution is made without | ||||||
3 | coercion or reimbursement; and | ||||||
4 | (B) be acknowledged by a written receipt, or the | ||||||
5 | electronic equivalent for any donation received | ||||||
6 | on-line, to the initial qualified contributor, with a | ||||||
7 | copy retained by the candidate; the receipt shall | ||||||
8 | include the initial qualified contributor's signature, | ||||||
9 | printed name, home address, and telephone number, if | ||||||
10 | any, and the name of the candidate on whose behalf the | ||||||
11 | contribution is made. | ||||||
12 | A contribution for which a candidate has not obtained | ||||||
13 | a signed and fully completed receipt, or its electronic | ||||||
14 | equivalent, shall not be counted as an initial qualifying | ||||||
15 | contribution for the purpose of satisfying this | ||||||
16 | qualification requirement. | ||||||
17 | (b) In addition to the requirements of subsection (a) of | ||||||
18 | this Section, in order for a candidate for Governor or | ||||||
19 | Lieutenant Governor to be eligible to be certified as a | ||||||
20 | participating candidate, the other member of the team of | ||||||
21 | candidates for the offices of Governor and Lieutenant Governor | ||||||
22 | must also be a participating candidate. | ||||||
23 | (c) To remain eligible to continue to receive matching | ||||||
24 | funds under this Article, a candidate must: | ||||||
25 | (1) maintain records of all contributions, receipts, | ||||||
26 | and expenditures as required by the Board; |
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1 | (2) obtain and furnish to the Board any information it | ||||||
2 | may request relating to his or her campaign expenditures, | ||||||
3 | contributions, and qualified contributions and furnish any | ||||||
4 | documentation and other proof of compliance with this | ||||||
5 | Article as may be requested by the Board; and | ||||||
6 | (3) remain in compliance with the requirements set | ||||||
7 | forth in this Article. | ||||||
8 | (d) At the earliest practicable time after a candidate | ||||||
9 | files a written application for certification as a | ||||||
10 | participating candidate with the Board, in no event more than | ||||||
11 | 10 business days, the Board shall certify in writing that the | ||||||
12 | candidate is or is not eligible. Eligibility may be revoked if | ||||||
13 | the Board determines, after appropriate due process, that a | ||||||
14 | candidate has committed a substantial violation of the | ||||||
15 | requirements of this Article, in which case all matching funds | ||||||
16 | granted to the candidate shall be repaid to the Fund. A | ||||||
17 | determination shall be made by the Board after an appropriate | ||||||
18 | hearing, affording due process to the aggrieved party, under | ||||||
19 | rules adopted by the Board that further define what | ||||||
20 | constitutes a "substantial violation" and that set forth the | ||||||
21 | procedures to be followed in connection with any such hearing. | ||||||
22 | (10 ILCS 5/9A-30 new) | ||||||
23 | Sec. 9A-30. Matching funds payments. | ||||||
24 | (a) A candidate who is certified as a participating | ||||||
25 | candidate shall receive payment of matching funds equal to 6 |
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1 | times the amount of qualified contributions received by the | ||||||
2 | participating candidate during the election cycle with respect | ||||||
3 | to a single election subject to the aggregate limit on the | ||||||
4 | total amount of matching funds payments to a participating | ||||||
5 | candidate specified in subsection (b) of this Section, unless | ||||||
6 | the candidate has no opposition on the ballot. Unopposed | ||||||
7 | candidates shall not be eligible to receive matching funds | ||||||
8 | unless and until they cease to be unopposed; however, any | ||||||
9 | candidate who had already received matching funds under this | ||||||
10 | Article prior to becoming unopposed shall be entitled to | ||||||
11 | retain those funds and spend those funds in accordance with | ||||||
12 | Section 9A-50 of this Code. | ||||||
13 | (b) Subject to the requirements of subsection (a) of | ||||||
14 | Section 9A-40 of this Code, the aggregate amount of matching | ||||||
15 | funds payments that may be made to a participating candidate | ||||||
16 | during an election cycle may not exceed the following: | ||||||
17 | (1) $5,000,000 for candidates for Governor; | ||||||
18 | (2) $1,000,000 for candidates for Lieutenant Governor, | ||||||
19 | Attorney General, State Comptroller, State Treasurer, and | ||||||
20 | Secretary of State; | ||||||
21 | (3) $300,000 for candidates for State Senator; and | ||||||
22 | (4) $150,000 for candidates for State Representative. | ||||||
23 | (c) A participating candidate's application for matching | ||||||
24 | funds, including an initial request submitted with an | ||||||
25 | application for certification as a participating candidate, | ||||||
26 | shall be made using a form prescribed by the Board and shall be |
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1 | accompanied as necessary by initial qualifying contribution | ||||||
2 | receipts and any other information the Board requires by rule. | ||||||
3 | This application shall be accompanied by a signed statement | ||||||
4 | from the participating candidate indicating that all | ||||||
5 | information on the initial qualifying contribution receipts is | ||||||
6 | complete and accurate to the best of the participating | ||||||
7 | candidate's knowledge. The Board shall verify that a | ||||||
8 | participating candidate's qualified contributions meet all of | ||||||
9 | the requirements and limitations of this Article prior to the | ||||||
10 | disbursement of matching funds to the participating candidate. | ||||||
11 | (d) The Board shall make an initial payment of the | ||||||
12 | matching funds within 10 business days of the Board's | ||||||
13 | certification of a participating candidate's eligibility in | ||||||
14 | accordance with the provisions of this Article, or as soon | ||||||
15 | thereafter as is practicable. | ||||||
16 | (e) The Board shall establish a schedule for the | ||||||
17 | submission of matching funds payment requests, permitting a | ||||||
18 | participating candidate to submit a matching funds payment | ||||||
19 | request at least once per month, in accordance with a schedule | ||||||
20 | established by the Board. | ||||||
21 | (f) When 90% of the existing Fund has been distributed, | ||||||
22 | the Board shall give notice within 24 hours to all candidates | ||||||
23 | that only 10% of the Fund remains. Thereafter, the Board shall | ||||||
24 | make no further matching funds payments until after election | ||||||
25 | day and it shall only pay any requests submitted after notice | ||||||
26 | has been distributed under this subsection (f) proportionally, |
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1 | spread over all candidates and requests equally, in a manner | ||||||
2 | to be determined in greater detail pursuant to rules adopted | ||||||
3 | by the Board. | ||||||
4 | (10 ILCS 5/9A-35 new) | ||||||
5 | Sec. 9A-35. Limits on contributions. | ||||||
6 | (a) Subject to the requirements of subsection (a) of | ||||||
7 | Section 9A-40 of this Code, no candidate shall accept, | ||||||
8 | directly or indirectly, any contribution (or combination of | ||||||
9 | contributions) from the same person, corporation, partnership, | ||||||
10 | political party, political action committee, or other legal | ||||||
11 | entity in excess of $500. However, if a candidate in the | ||||||
12 | participating candidate's race exceeds the self-funding | ||||||
13 | thresholds established in subsection (h) of Section 9-8.5 of | ||||||
14 | this Code for that race, the limitation under this subsection | ||||||
15 | (a) is increased to $2,500. | ||||||
16 | (b) No participating candidate shall accept any | ||||||
17 | contribution (or combination of contributions) from any | ||||||
18 | person, corporation, partnership, or other legal entity who | ||||||
19 | lobbies members of the State executive or legislative | ||||||
20 | branches, within the meaning of the Lobbyist Registration Act, | ||||||
21 | or does business with the State. No participating candidate | ||||||
22 | shall encourage, support, cooperate, or coordinate with any | ||||||
23 | independent expenditure committee or any individual engaging | ||||||
24 | in independent expenditures, whether in support of the | ||||||
25 | candidate or in opposition to the candidate's opponent. The |
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1 | Board may adopt additional rules defining who constitutes a | ||||||
2 | "lobbyist" and who is deemed to be "doing business" with the | ||||||
3 | State within the meaning of this Article. | ||||||
4 | (c) No participating candidate shall make expenditures | ||||||
5 | from or use his or her own personal funds or the personal funds | ||||||
6 | or property held jointly with members of his or her immediate | ||||||
7 | family in connection with his or her nomination for election | ||||||
8 | or election, except as a contribution to his or her political | ||||||
9 | committee in an amount that does not exceed 10 times the | ||||||
10 | maximum contribution applicable under subsection (a) of this | ||||||
11 | Section. No participating candidate shall make expenditures | ||||||
12 | from or use other personal funds or property of his or her | ||||||
13 | immediate family in furtherance of his or her own campaign. | ||||||
14 | (10 ILCS 5/9A-40 new) | ||||||
15 | Sec. 9A-40. Adjustment. | ||||||
16 | (a) The Board shall revise the limits on contributions and | ||||||
17 | on overall contributions at least one year prior to the next | ||||||
18 | general primary election. The Board shall adjust them by an | ||||||
19 | amount equal to the change in the Consumer Price Index for all | ||||||
20 | Urban Consumers for all items published by the United States | ||||||
21 | Department of Labor for the 12-month calendar year preceding | ||||||
22 | readjustment. Amounts shall be rounded to the nearest $10. The | ||||||
23 | revised overall limits shall be published no later than one | ||||||
24 | year prior to the date of the next general primary election. | ||||||
25 | (b) The General Assembly shall review the amounts and |
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1 | numbers of required initial qualifying contributions, the | ||||||
2 | ratio of matching funds, the additional limits on | ||||||
3 | contributions, and the limits on overall contributions in the | ||||||
4 | 6-month period following each general election to determine if | ||||||
5 | they shall stay the same, after any adjustment for inflation | ||||||
6 | under subsection (a) of this Section, or be increased for the | ||||||
7 | next general primary election and general election. | ||||||
8 | (c) If the General Assembly determines that any of the | ||||||
9 | figures specified in subsection (b) of this Section should | ||||||
10 | change, then any proposed change, other than an adjustment for | ||||||
11 | inflation under subsection (a) of this Section, shall be | ||||||
12 | adopted for the next general election by a majority vote of | ||||||
13 | each chamber of the General Assembly and shall also be | ||||||
14 | submitted to the voters via a binding referendum for | ||||||
15 | ratification at the next consolidated election for approval or | ||||||
16 | rejection with respect to any future general elections. | ||||||
17 | (10 ILCS 5/9A-45 new) | ||||||
18 | Sec. 9A-45. Campaign accounts for participating | ||||||
19 | candidates. During an election cycle, each participating | ||||||
20 | candidate shall conduct all campaign financial activities | ||||||
21 | through a single political action committee, consistent with | ||||||
22 | subsection (b) of Section 9-2 of this Code, and shall comply | ||||||
23 | with any additional recordkeeping requirements imposed under | ||||||
24 | this Article by the Board. |
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1 | (10 ILCS 5/9A-50 new) | ||||||
2 | Sec. 9A-50. Expenditures of matching funds. | ||||||
3 | (a) A participating candidate shall use matching funds | ||||||
4 | only for direct campaign purposes. The Board may further | ||||||
5 | define the phrase "direct campaign purposes" by rule. | ||||||
6 | (b) Neither a participating candidate nor anyone acting on | ||||||
7 | his or her behalf shall use matching funds for: | ||||||
8 | (1) costs of legal defense in any campaign law | ||||||
9 | enforcement proceeding; | ||||||
10 | (2) indirect campaign purposes, including, but not | ||||||
11 | limited to: | ||||||
12 | (A) the participating candidate's personal support | ||||||
13 | or compensation to the participating candidate or the | ||||||
14 | participating candidate's immediate family; | ||||||
15 | (B) clothing, haircuts, and other items related to | ||||||
16 | the participating candidate's personal appearance; | ||||||
17 | (C) a contribution or loan to the campaign | ||||||
18 | committee of another candidate, a party committee, or | ||||||
19 | other political committee; | ||||||
20 | (D) an independent expenditure; | ||||||
21 | (E) automobile purchases, tuition payments, or | ||||||
22 | childcare costs; | ||||||
23 | (F) dues, fees, or gratuities at a country club, | ||||||
24 | health club, recreational facility, or other | ||||||
25 | nonpolitical organization unless part of a specific | ||||||
26 | fundraising event that takes place on the |
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1 | organization's premises; | ||||||
2 | (G) admission to a sporting event, theater, | ||||||
3 | concert, or other entertainment event not part of a | ||||||
4 | specific campaign activity; or | ||||||
5 | (H) gifts, except for brochures, buttons, signs, | ||||||
6 | and other campaign materials and token gifts valued at | ||||||
7 | not more than $50 that are for the purpose of | ||||||
8 | expressing gratitude, condolences, or congratulations. | ||||||
9 | (10 ILCS 5/9A-55 new) | ||||||
10 | Sec. 9A-55. Disclosure requirements and procedures; return | ||||||
11 | of funds. | ||||||
12 | (a) Each participating candidate shall file reports of | ||||||
13 | contribution receipts and of expenditures of matching funds | ||||||
14 | and other campaign funds at such times and in such manners as | ||||||
15 | the Board may prescribe by rule, including, but not limited | ||||||
16 | to, reports containing information necessary to verify that | ||||||
17 | the qualified contributions received by participating | ||||||
18 | candidates and that the matching funds spent by participating | ||||||
19 | candidates comply with the restrictions and requirements of | ||||||
20 | this Article. | ||||||
21 | (b) The Board by rule shall adopt procedures for auditing | ||||||
22 | any reports filed with it as well as related reports filed with | ||||||
23 | the State Board of Elections and issuing a public report | ||||||
24 | summarizing the election results, the campaign expenditures | ||||||
25 | made in connection with offices covered by this Article, and |
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1 | the level and amount of matching funds provided to each | ||||||
2 | campaign. | ||||||
3 | (c) Within 90 days after the consolidated or general | ||||||
4 | election, every participating candidate who received matching | ||||||
5 | funds under this Article shall repay the Fund any unused | ||||||
6 | matching funds, calculated as follows: any unused campaign | ||||||
7 | funds shall be multiplied by a ratio consisting of the total | ||||||
8 | amount of matching funds received by the campaign in the | ||||||
9 | numerator and the total amount of campaign funds raised by the | ||||||
10 | campaign in the denominator. The amount of any repayment under | ||||||
11 | this subsection (c) shall not exceed the total amount of | ||||||
12 | matching funds paid to the campaign. | ||||||
13 | (10 ILCS 5/9A-60 new) | ||||||
14 | Sec. 9A-60. Joint campaign contributions and expenditures. | ||||||
15 | Where multiple candidates are otherwise permitted under State | ||||||
16 | law to engage in joint efforts to raise campaign contributions | ||||||
17 | or in joint campaign expenditures, any contribution received | ||||||
18 | at a joint fundraising event and any joint campaign | ||||||
19 | expenditures shall be appropriately allocated among the | ||||||
20 | participating candidates in a reasonable manner to be agreed | ||||||
21 | upon by those candidates participating in the activity. The | ||||||
22 | Board may review the reasonableness of any allocation under | ||||||
23 | this Section. | ||||||
24 | (10 ILCS 5/9A-65 new) |
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1 | Sec. 9A-65. Application of contribution and expenditure | ||||||
2 | limitations to certain political activities. Nothing in this | ||||||
3 | Article shall be construed to restrict candidates or their | ||||||
4 | agents from making appearances at events sponsored or paid for | ||||||
5 | by persons, political committees, or other entities that are | ||||||
6 | not in any way affiliated with the candidate or any agent of | ||||||
7 | the candidate. The costs of these events shall not be | ||||||
8 | considered contributions to or expenditures by the candidate | ||||||
9 | for purposes of this Article simply because the candidate or | ||||||
10 | agent appears at such an event. However, this provision does | ||||||
11 | not apply to events at which contributions are solicited on | ||||||
12 | behalf of the participating candidate. | ||||||
13 | (10 ILCS 5/9A-70 new) | ||||||
14 | Sec. 9A-70. Campaign Finance Board; general powers and | ||||||
15 | duties. | ||||||
16 | (a) A Campaign Finance Board is created within the State | ||||||
17 | Board of Elections, consisting of 5 members appointed by the | ||||||
18 | Governor with the advice and consent of the Senate. Each party | ||||||
19 | or caucus represented in the General Assembly shall have at | ||||||
20 | least one member on the Board. However, the Chairperson of the | ||||||
21 | Board shall not be affiliated with any political party. The | ||||||
22 | initial appointments required under this subsection (a) shall | ||||||
23 | be made within 6 months of the effective date of this | ||||||
24 | amendatory Act of 103rd General Assembly, and their terms | ||||||
25 | shall commence on the January 1 following appointment. The |
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1 | terms of office for the initial appointees shall be, except | ||||||
2 | for the Chairperson, determined by lot as follows: | ||||||
3 | (1) one member shall serve a term of one year; | ||||||
4 | (2) one member shall serve a term of 2 years; | ||||||
5 | (3) one member shall serve a term of 3 years; | ||||||
6 | (4) one member shall serve a term of 4 years; and | ||||||
7 | (5) the initial Chairperson shall serve a term of 5 | ||||||
8 | years. | ||||||
9 | Thereafter, each member shall be appointed for a term of 5 | ||||||
10 | years, according to the original manner of appointment. In the | ||||||
11 | case of a vacancy in the office of a member, a member shall be | ||||||
12 | selected to serve the remainder of the unexpired term in the | ||||||
13 | same manner the vacating member was selected. Members shall | ||||||
14 | serve no more than 3 consecutive terms. No member of the Board | ||||||
15 | may be removed from office except for cause, after notice and a | ||||||
16 | hearing by the Senate. | ||||||
17 | (b) To be eligible to serve as a member of the Board, an | ||||||
18 | individual must meet all of the following qualifications | ||||||
19 | throughout the period of his or her service: | ||||||
20 | (1) the member must be a resident of Illinois, | ||||||
21 | eligible and registered to vote; | ||||||
22 | (2) the member must agree that he or she and any | ||||||
23 | members of his or her immediate family will not make any | ||||||
24 | contributions to any candidate for any of the offices | ||||||
25 | eligible to receive matching funds during his or her term | ||||||
26 | of service; |
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1 | (3) the member must agree not to (i) serve as an | ||||||
2 | officer of a political party or (ii) be a candidate or | ||||||
3 | participate in any capacity in a campaign by a candidate | ||||||
4 | for any of the offices eligible to receive public matching | ||||||
5 | funds under this Article during his or her term of | ||||||
6 | service; | ||||||
7 | (4) the member may not otherwise be an officer or | ||||||
8 | employee of the State, nor a lobbyist engaged in lobbying | ||||||
9 | any elected officials of the State; and | ||||||
10 | (5) the member must agree to undergo training under | ||||||
11 | the supervision of the Chairperson of the Board. | ||||||
12 | (c) Subject to appropriations, the members of the Board | ||||||
13 | shall be compensated at a rate specified by law while | ||||||
14 | performing the work of the Board. | ||||||
15 | (d) The Board may employ necessary staff, including | ||||||
16 | attorneys and accountants, and may utilize the services of | ||||||
17 | employees of the State Board of Elections to assist the Board | ||||||
18 | in carrying out its duties. Subject to appropriations, the | ||||||
19 | total budget for the Board's operations shall not be less than | ||||||
20 | .01% of the overall State budget. | ||||||
21 | (e) The Board shall have the authority to adopt rules and | ||||||
22 | provide forms as it deems necessary to administer the matching | ||||||
23 | funds system created by this Article. The Board shall adopt | ||||||
24 | rules concerning the form in which contributions and | ||||||
25 | expenditures are to be reported, the periods during which such | ||||||
26 | reports must be filed, the measures for auditing and reporting |
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1 | on campaign contributions and expenditures, and the | ||||||
2 | verification required. | ||||||
3 | (f) The Board shall have the power to investigate all | ||||||
4 | matters relating to the performance of its functions and any | ||||||
5 | other matter relating to the proper administration of this | ||||||
6 | Article. It shall have the power to require the attendance of | ||||||
7 | witnesses, to examine and take testimony under oath of any | ||||||
8 | persons as it shall deem necessary, and to require the | ||||||
9 | production of books, accounts, papers, and any other relevant | ||||||
10 | evidence relative to such investigation. | ||||||
11 | (g) The Board shall develop a program for informing | ||||||
12 | candidates and the public about the small donor matching funds | ||||||
13 | system created by this Article. The Board may prepare and make | ||||||
14 | available educational materials, including compliance manuals | ||||||
15 | and summaries of the relevant provisions of this program. The | ||||||
16 | Board shall prepare and make available materials including, to | ||||||
17 | the extent feasible, computer software, to facilitate the task | ||||||
18 | of compliance with the disclosure and recordkeeping | ||||||
19 | requirements under this Article. | ||||||
20 | (h) The Board shall have the power to render advisory | ||||||
21 | opinions with respect to questions arising under this Article. | ||||||
22 | These opinions may be requested in writing by any candidate, | ||||||
23 | political committee, or member of the general public. The | ||||||
24 | Board shall adopt rules regarding submissions and responses to | ||||||
25 | such requests, including response times. The Board shall make | ||||||
26 | public its response to any such requests, as well as to any |
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| |||||||
1 | other formal rulings or interpretations it makes, including by | ||||||
2 | posting them on its website, if practicable. | ||||||
3 | (i) The Board shall have the authority to implement any | ||||||
4 | system established for the regulation of inauguration and | ||||||
5 | transition donations and expenditures, including any related | ||||||
6 | penalties. It shall also have the authority to adopt and | ||||||
7 | implement a system for handling the transition from the | ||||||
8 | existing campaign finance system and any pre-existing | ||||||
9 | political committees and contributions to the small donor | ||||||
10 | matching funds system implemented by this Article. | ||||||
11 | (j) The Board may take such other actions as are necessary | ||||||
12 | and proper to carry out its functions and the purposes of | ||||||
13 | adoption of a small donor matching funds system. The specific | ||||||
14 | grants of power under this Section do not constitute and shall | ||||||
15 | not be construed as limitations on the other proper and | ||||||
16 | necessary powers of the Board. | ||||||
17 | (k) All final administrative decisions under this Article | ||||||
18 | are subject to judicial review under the Administrative Review | ||||||
19 | Law. | ||||||
20 | (10 ILCS 5/9A-75 new) | ||||||
21 | Sec. 9A-75. Public campaign financing program penalties. | ||||||
22 | (a) If a participating candidate knowingly accepts or | ||||||
23 | spends matching funds in violation of this Article, then the | ||||||
24 | candidate shall repay to the Fund a civil fine in an amount | ||||||
25 | equal to twice the value of the funding unlawfully accepted or |
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| |||||||
1 | spent. | ||||||
2 | (b) The Board shall, after a hearing affording the | ||||||
3 | aggrieved party due process, have the authority to impose the | ||||||
4 | fine created by this Section, to order repayment of | ||||||
5 | overpayments that were not knowingly received, and to take any | ||||||
6 | other appropriate action, pursuant to any additional rules | ||||||
7 | concerning such hearings as the Board shall adopt. | ||||||
8 | (c) Any member of the public, as well as the Board on its | ||||||
9 | own initiative, shall have standing to file a complaint with | ||||||
10 | the Board alleging a violation of this Article. If a complaint | ||||||
11 | is filed by an opposing candidate, or in coordination with an | ||||||
12 | opposing candidate's campaign, the Board shall have the option | ||||||
13 | of awarding costs and attorneys' fees if the complaint is | ||||||
14 | found to have been lacking a reasonable basis. | ||||||
15 | (d) The Board shall adopt appropriate rules guaranteeing | ||||||
16 | notice and due process to anyone accused of violating this | ||||||
17 | Article and setting forth the process the Board will follow in | ||||||
18 | investigating and adjudicating any such complaint. | ||||||
19 | Section 10. The State Finance Act is amended by adding | ||||||
20 | Section 5.990 as follows: | ||||||
21 | (30 ILCS 105/5.990 new) | ||||||
22 | Sec. 5.990. The Small Donor Democracy Matching Fund. | ||||||
23 | Section 97. Severability. The provisions of this Act are |
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1 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|