Full Text of HB0133 100th General Assembly
HB0133ham001 100TH GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/14/2017
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| 1 | | AMENDMENT TO HOUSE BILL 133
| 2 | | AMENDMENT NO. ______. Amend House Bill 133 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Clean Elections Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Certified candidate" means a candidate running for | 8 | | Governor, Secretary of State, Attorney General, State | 9 | | Treasurer, State Comptroller, State Senator, or State | 10 | | Representative, in a primary election, and Governor, Secretary | 11 | | of State, Attorney General, State Treasurer, State | 12 | | Comptroller, State Senator, or State Representative, in a | 13 | | general election who chooses to participate in this Act and who | 14 | | is certified as an Illinois Clean Elections Act candidate under | 15 | | subsection (e) of Section 20 of this Act. | 16 | | "Contribution" has the same meaning as in Article 9 of the |
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| 1 | | Election Code. | 2 | | "Fund" means the Illinois Clean Elections Fund established | 3 | | in Section 15 of this Act. | 4 | | "Nonparticipating candidate" means a candidate running for | 5 | | Governor, Secretary of State, Attorney General, State | 6 | | Treasurer, State Comptroller, State Senator, or State | 7 | | Representative, in a primary election, and Governor, Secretary | 8 | | of State, Attorney General, State Treasurer, State | 9 | | Comptroller, State Senator, or State Representative, in a | 10 | | general election who does not choose to participate in this Act | 11 | | and who is not seeking to be certified as an Illinois Clean | 12 | | Elections Act candidate. | 13 | | "Participating candidate" means a candidate who is running | 14 | | for Governor, Secretary of State, Attorney General, State | 15 | | Treasurer, State Comptroller, State Senator, or State | 16 | | Representative, in a primary election, and Governor, Secretary | 17 | | of State, Attorney General, State Treasurer, State | 18 | | Comptroller, State Senator, or State Representative, in a | 19 | | general election who is seeking to be certified as an Illinois | 20 | | Clean Elections Act candidate. | 21 | | "Qualifying contribution" means a donation: | 22 | | (1) Of $5 in the form of a check or a money order | 23 | | payable to the Fund in support of a candidate; | 24 | | (2) Made by a registered voter within the district for | 25 | | the office a candidate is seeking; | 26 | | (3) Made during the designated qualifying period and |
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| 1 | | obtained with the knowledge and approval of the candidate; | 2 | | and | 3 | | (4) That is acknowledged by a written receipt that | 4 | | identifies the name and address of the donor on forms | 5 | | provided by the State Board. | 6 | | "Qualifying period" means the following: | 7 | | (1) For a participating candidate for Governor, | 8 | | Secretary of State, Attorney General, State Treasurer, or | 9 | | State Comptroller, the qualifying period begins November | 10 | | 1st immediately preceding the election year and ends at | 11 | | 5:00 p.m. on April 15th of the election year unless the | 12 | | candidate is unenrolled, in which case the period ends at | 13 | | 5:00 p.m. on June 2nd of the election year. | 14 | | (2) For State Senate or State House of Representatives | 15 | | participating candidates, the qualifying period begins | 16 | | January 1st of the election year and ends at 5:00 p.m. on | 17 | | April 15th of that election year unless the candidate is | 18 | | unenrolled, in which case the period ends at 5:00 p.m. on | 19 | | June 2nd of the election year. | 20 | | "Seed money contribution" means a contribution of no more | 21 | | than $100 per individual made to a contribution from the | 22 | | candidate or the candidate's family. To be eligible for | 23 | | certification, a candidate may collect and spend only seed | 24 | | money contributions subsequent to becoming a candidate as | 25 | | defined by Article 9 of the Election Code and throughout the | 26 | | qualifying period. A participating candidate who has accepted |
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| 1 | | contributions or made expenditures that do not comply with the | 2 | | seed money restrictions under this Act may petition the State | 3 | | Board to remain eligible for certification as an Illinois Clean | 4 | | Elections Act candidate in accordance with rules of the State | 5 | | Board, if the failure to comply was unintentional and does not | 6 | | constitute a significant infraction of these restrictions. | 7 | | Prior to certification, a candidate may obligate an amount | 8 | | greater than the seed money collected if the value of the goods | 9 | | and services received from a vendor does not exceed the amount | 10 | | paid to the vendor. A candidate may not collect or spend seed | 11 | | money contributions after certification as an Illinois Clean | 12 | | Elections Act candidate. A seed money contribution must be | 13 | | reported according to procedures developed by the State Board. | 14 | | "State Board" means the State Board of Elections.
| 15 | | Section 10. Alternative campaign financing option. This | 16 | | Act establishes an alternative campaign financing option | 17 | | available to candidates running for Governor, Secretary of | 18 | | State, Attorney General, State Treasurer, State Comptroller, | 19 | | State Senator, and State Representative. This alternative | 20 | | campaign financing option is available to candidates for | 21 | | elections to be held beginning in the year 2017. The State | 22 | | Board shall Administer this Act and the Fund. Candidates | 23 | | participating in this Act must also comply with all other | 24 | | applicable election and campaign laws and regulations.
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| 1 | | Section 15. The Illinois Clean Elections Fund established; | 2 | | sources of funding.
| 3 | | (a) The Illinois Clean Elections Fund is established as a | 4 | | special fund in the State treasury to finance the election | 5 | | campaigns of certified Illinois Clean Elections Act candidates | 6 | | running for Governor, Attorney General, Secretary of State, | 7 | | State Treasurer, State Comptroller, State Senator, and State | 8 | | Representative and to pay administrative and enforcement costs | 9 | | of the State Board related to this Act. Any interest generated | 10 | | by the Fund is credited to the Fund. The State Board shall | 11 | | administer the Fund. | 12 | | (b) The following must be deposited into the Fund: | 13 | | (1) The qualifying contributions required under | 14 | | Section 20 of this Act when those contributions are | 15 | | submitted to the State Board. | 16 | | (2) $40,000,000 of the revenues from the taxes imposed | 17 | | by the Illinois Income Tax Act and credited to the General | 18 | | Revenue Fund, transferred to the Fund by the State | 19 | | Treasurer on or before January 1st of each year, beginning | 20 | | January 1, 2018. These revenues must be offset in an | 21 | | equitable manner by an equivalent reduction within the | 22 | | administrative divisions of the legislative branch and | 23 | | executive branch agencies. If the State Board determines | 24 | | that the Fund will not have sufficient revenues to cover | 25 | | the likely demand for funds from the Illinois Clean | 26 | | Elections Fund in an upcoming calendar year, by January 1st |
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| 1 | | the State Board shall provide a report of its projections | 2 | | of the balances in the Illinois Clean Elections Fund to the | 3 | | General Assembly and the Governor and may request that the | 4 | | State Treasurer make the following transfers to the | 5 | | Illinois Clean Elections Fund from the General Revenue | 6 | | Fund: | 7 | | (A) Up to $20,000,000 no later than February 28, | 8 | | 2018, reflecting an advance of the transfer of the | 9 | | amounts that would be received on or before January 1, | 10 | | 2019 pursuant to this paragraph. | 11 | | (B) Up to $15,000,000 no later than July 31, 2018, | 12 | | pursuant to this paragraph reflecting an advance of the | 13 | | transfer of the amounts that would be received on or | 14 | | before January 1, 2019 pursuant to this paragraph. | 15 | | (C) Up to $5,000,000 no later than September 1, | 16 | | 2020, reflecting a partial advance of the transfer of | 17 | | the amounts that would be received on or before January | 18 | | 1, 2021 pursuant to this paragraph. | 19 | | (3) Revenue from a tax checkoff program allowing a | 20 | | resident of the State who files a tax return with the | 21 | | Department of Revenue to designate that $3 be paid into the | 22 | | Fund. If a husband and wife file a joint return, each | 23 | | spouse may designate that $3 be paid. The Department of | 24 | | Revenue shall report annually the amounts designated for | 25 | | the Fund to the State Treasurer, who shall transfer that | 26 | | amount to the Fund. |
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| 1 | | (4) Seed money contributions remaining unspent after a | 2 | | candidate has been certified as an Illinois Clean Elections | 3 | | Act candidate. | 4 | | (5) Fund revenues that were distributed to an Illinois | 5 | | Clean Elections Act candidate and that remain unspent after | 6 | | the candidate has lost a primary election or after all | 7 | | general elections. | 8 | | (6) Other unspent Fund revenues distributed to any | 9 | | Illinois Clean Elections Act candidate who does not remain | 10 | | a candidate throughout a primary or general election cycle. | 11 | | (7) Voluntary donations made directly to the Fund. | 12 | | (8) Fines collected under this Act. | 13 | | (c) By September 1st preceding each election year, the | 14 | | State Board shall publish an estimate of revenue in the Fund | 15 | | available for distribution to certified candidates during the | 16 | | upcoming year's elections and an estimate of the likely demand | 17 | | for clean elections funding during that election. The State | 18 | | Board may submit legislation to request additional funding. | 19 | | Section 20. Terms of participation.
| 20 | | (a) A participating candidate must file a declaration of | 21 | | intent to seek certification as an Illinois Clean Elections Act | 22 | | candidate and to comply with the requirements of this Act. The | 23 | | declaration of intent must be filed with the State Board prior | 24 | | to or during the qualifying period, except as provided in | 25 | | subsection (l) of this Section, according to forms and |
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| 1 | | procedures developed by the State Board. A participating | 2 | | candidate must submit a declaration of intent within 5 business | 3 | | days after collecting qualifying contributions under this Act | 4 | | or the qualifying contributions collected before the | 5 | | declaration of intent has been filed will not be counted toward | 6 | | the eligibility requirement in subsection (c) of this Section. | 7 | | (b) Subsequent to becoming a candidate defined by and prior | 8 | | to certification, a participating candidate may not accept | 9 | | contributions, except for seed money contributions. A | 10 | | participating candidate must limit the candidate's seed money | 11 | | contributions to the following amounts: | 12 | | (1) $50,000 for a gubernatorial candidate. | 13 | | (2) $25,000 for a candidate for Secretary of State, | 14 | | Attorney General, State Treasurer, or State Comptroller. | 15 | | (3) $10,000 for a candidate for the State Senate. | 16 | | (4) $5,000 for a candidate for the State House of | 17 | | Representatives.
| 18 | | The State Board may, by rule, revise these amounts to | 19 | | ensure the effective implementation of this Act. | 20 | | (c) Participating candidates must obtain qualifying | 21 | | contributions during the qualifying period as follows: | 22 | | (1) For a candidate for Governor, Secretary of State, | 23 | | Attorney General, State Treasurer, or State Comptroller, | 24 | | the minimum number of qualifying donations from verified | 25 | | registered voters of this State is 4,000. | 26 | | (2) For a candidate for the State Senate, the minimum |
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| 1 | | number of qualifying donations from verified registered | 2 | | voters of this State is 500. | 3 | | (3) For a candidate for the State House of | 4 | | Representatives, the minimum number of qualifying | 5 | | donations from verified registered voters of this State is | 6 | | 250. | 7 | | A payment, gift, or anything of value may not be given in | 8 | | exchange for a qualifying contribution. A candidate may pay the | 9 | | fee for a money order in the amount of $5, which is a | 10 | | qualifying contribution, as long as the donor making the | 11 | | qualifying contribution pays the $5 amount reflected on the | 12 | | money order. Any money order fees paid by a participating | 13 | | candidate must be paid for with seed money and reported in | 14 | | accordance with State Board rules. | 15 | | (d) A participating candidate must submit qualifying | 16 | | contributions to the State Board during the qualifying period | 17 | | according to procedures developed by the State Board, except as | 18 | | provided under subsection (l) of this Section. | 19 | | (e) Upon receipt of a final submittal of qualifying | 20 | | contributions by a participating candidate, the State Board | 21 | | shall determine whether or not the candidate has: | 22 | | (1) Signed and filed a declaration of intent to | 23 | | participate in this Act. | 24 | | (2) Submitted the appropriate number of valid | 25 | | qualifying contributions. | 26 | | (3) Qualified as a candidate by petition or other |
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| 1 | | means. | 2 | | (4) Not accepted contributions, except for seed money | 3 | | contributions, and otherwise complied with seed money | 4 | | restrictions. | 5 | | (5) Not run for the same office as a nonparticipating | 6 | | candidate in a primary election in the same election year. | 7 | | (6) Otherwise met the requirements for participation | 8 | | in this Act. | 9 | | The State Board shall certify a candidate complying with | 10 | | the requirements of this Section as an Illinois Clean Elections | 11 | | Act candidate as soon as possible and no later than 3 business | 12 | | days after final submittal of qualifying contributions.
Upon | 13 | | certification, a candidate must transfer to the Fund any | 14 | | unspent seed money contributions. A certified candidate must | 15 | | comply with all requirements of this Act after certification | 16 | | and throughout the primary and general election periods. | 17 | | Failure to do so is a violation of this Act. | 18 | | (f) After certification, a candidate must limit the | 19 | | candidate's campaign expenditures and obligations, including | 20 | | outstanding obligations, to the revenues distributed to the | 21 | | candidate from the Fund and may not accept any contributions | 22 | | unless specifically authorized by the State Board. Candidates | 23 | | may also accept and spend interest earned on bank accounts. All | 24 | | revenues distributed to a certified candidate from the Fund | 25 | | must be used for campaign-related purposes. The candidate, the | 26 | | treasurer, the candidate's political committee, or any agent of |
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| 1 | | the candidate and committee may not use these revenues for any | 2 | | but campaign-related purposes. The State Board shall publish | 3 | | guidelines outlining permissible campaign-related | 4 | | expenditures. | 5 | | (g) The State Board shall distribute to certified | 6 | | candidates revenues from the Fund in amounts determined under | 7 | | subsection (h) in the following manner. | 8 | | (1) Within 3 days after certification, for candidates | 9 | | certified prior to March 15th of the election year, | 10 | | revenues from the Fund must be distributed as if the | 11 | | candidates are in an uncontested primary election. | 12 | | (2) Within 3 days after certification, for all | 13 | | candidates certified between March 15th and April 15th of | 14 | | the election year, revenues from the Fund must be | 15 | | distributed according to whether the candidate is in a | 16 | | contested or uncontested primary election. | 17 | | (3) For candidates in contested primary elections | 18 | | receiving a distribution under paragraph (1) of this | 19 | | subsection, additional revenues from the fund must be | 20 | | distributed within 3 days of March 15th after the election | 21 | | year. | 22 | | (4) Within 3 days after the primary election results | 23 | | are certified, for general election certified candidates, | 24 | | revenues from the Fund must be distributed according to | 25 | | whether the candidate is in a contested or uncontested | 26 | | general election. |
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| 1 | | Funds may be distributed to certified candidates under this | 2 | | Section by any mechanism that is expeditious, ensures | 3 | | accountability, and safeguards the integrity of the Fund. | 4 | | (h) The candidate or committee shall deposit all revenues | 5 | | from the Fund in a campaign account with a bank or other | 6 | | financial institution. The campaign funds must be segregated | 7 | | from, and may not be commingled with, any other funds. | 8 | | (i) By July 1, 2018 and at least every 4 years after that | 9 | | date, the State Board shall determine the amount of funds to be | 10 | | distributed to participating candidates based on the type of | 11 | | election and office as follows: | 12 | | (1) For contested legislative primary elections, the | 13 | | amount of revenues to be distributed is the average amount | 14 | | of campaign expenditures made by each candidate during all | 15 | | contested primary election races for the immediately | 16 | | preceding 2 primary elections, as reported in the initial | 17 | | filing period subsequent to the primary election, for the | 18 | | respective offices of State Senate and State House of | 19 | | Representatives. | 20 | | (2) For uncontested legislative primary elections, the | 21 | | amount of revenues distributed is the average amount of | 22 | | campaign expenditures made by each candidate during all | 23 | | uncontested primary election races for the immediately | 24 | | preceding 2 primary elections, as reported in the initial | 25 | | filing period subsequent to the primary election, for the | 26 | | respective offices of State Senate and State House of |
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| 1 | | Representatives. | 2 | | (3) For contested legislative general elections, the | 3 | | amount of revenues distributed is the average amount of | 4 | | campaign expenditures made by each candidate during all | 5 | | contested general election races for the immediately | 6 | | preceding 2 general elections, as reported in the initial | 7 | | filing period subsequent to the general election, for the | 8 | | respective offices of State Senate and State House of | 9 | | Representatives. | 10 | | (4) For uncontested legislative general elections, the | 11 | | amount of revenues to be distributed from the Fund is 40% | 12 | | of the amount distributed to a participating candidate in a | 13 | | contested general election. | 14 | | (5) For gubernatorial primary elections, the amount of | 15 | | revenues distributed is $2,000,000 per candidate in the | 16 | | primary election. | 17 | | (6) For gubernatorial general elections, the amount of | 18 | | revenues distributed is $4,000,000 per candidate in the | 19 | | general election. | 20 | | (7) For contested primary elections for Attorney | 21 | | General the amount of revenues distributed per candidate is | 22 | | $500,000 per candidate. | 23 | | (8) For the general election for Attorney General, the | 24 | | amount of funds distributed per candidate is $2,000,000. | 25 | | (9) For primary elections for Secretary of State the | 26 | | amount of revenues distributed per candidate is $500,000 |
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| 1 | | per candidate. | 2 | | (10) For the general election for Secretary of State, | 3 | | the amount of funds distributed per candidate is | 4 | | $2,000,000. | 5 | | (11) For contested primary elections for State | 6 | | Treasurer, the amount of revenues distributed per | 7 | | candidate is $200,000. | 8 | | (12) For the general election for State Treasurer, the | 9 | | amount of funds distributed per candidate is $800,000. | 10 | | (13) For contested primary elections for State | 11 | | Comptroller, the amount of revenues distributed per | 12 | | candidate is $200,000. | 13 | | (14) For the general election for State Comptroller, | 14 | | the amount of funds distributed per candidate is $800,000. | 15 | | (15) For any uncontested primary or general election | 16 | | for the office of Governor, Attorney General, Secretary of | 17 | | State, State Treasurer, or Comptroller, the amount of funds | 18 | | distributed shall be 40% of those otherwise distributed in | 19 | | a contested primary or general election. | 20 | | If the immediately preceding election cycles do not contain | 21 | | sufficient electoral data, the State Board shall use | 22 | | information from the most recent applicable elections. | 23 | | (j) When any campaign, finance, or election report shows | 24 | | that the sum of a candidate's expenditures or obligations, or | 25 | | funds raised or borrowed, whichever is greater, alone or in | 26 | | conjunction with independent reported expenditures, exceeds |
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| 1 | | the distribution amount under subsection (h) of this Section, | 2 | | the State Board shall issue immediately to any opposing | 3 | | Illinois Clean Elections Act candidate an additional amount | 4 | | equivalent to the reported excess. Matching funds are limited | 5 | | to 2 times the amount originally distributed under paragraph | 6 | | (1), (3), (5), or (6) of subsection (h) of this Section, | 7 | | whichever is applicable. | 8 | | (k) An unenrolled candidate certified by January 15th | 9 | | preceding the primary election is eligible for revenues from | 10 | | the Fund in the same amounts and at the same time as an | 11 | | uncontested primary election candidate and a general election | 12 | | candidate as specified in subsections (g) and (h) of this | 13 | | Section. For an unenrolled candidate not certified by January | 14 | | 15th at 5:00 p.m. the deadline for filing qualifying | 15 | | contributions is 5:00 p.m. on June 2nd preceding the general | 16 | | election. An unenrolled candidate certified after January 15th | 17 | | at 5:00 p.m. is eligible for revenues from the Fund in the same | 18 | | amounts as a general election candidate, as specified in | 19 | | subsections (g) and (h) of this Section. | 20 | | (l) The State Board shall establish by rule procedures for | 21 | | qualification, certification, disbursement of Fund revenues, | 22 | | and return of unspent Fund revenues for races involving special | 23 | | elections, recounts, vacancies, withdrawals, or replacement | 24 | | candidates. | 25 | | (m) Notwithstanding any other provision of law, | 26 | | participating and certified candidates shall report any money |
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| 1 | | collected, all campaign expenditures, obligations, and related | 2 | | activities to the State Board according to procedures developed | 3 | | by the State Board. Upon the filing of a final report for any | 4 | | primary election in which the candidate was defeated and for | 5 | | all general elections that candidate shall return all unspent | 6 | | Fund revenues to the State Board. In developing these | 7 | | procedures, the State Board shall utilize existing campaign | 8 | | reporting procedures whenever practicable. The State Board | 9 | | shall ensure timely public access to campaign finance data and | 10 | | may utilize electronic means of reporting and storing | 11 | | information. | 12 | | (n) The treasurer shall obtain and keep: | 13 | | (1) Bank or other account statements for the campaign | 14 | | account covering the duration of the campaign. | 15 | | (2) A vendor invoice stating the particular goods or | 16 | | services purchased for every expenditure of $50 or more. | 17 | | (3) A record proving that a vendor received payment for | 18 | | every expenditure of $50 or more in the form of a cancelled | 19 | | check, receipt from the vendor, or bank or credit card | 20 | | statement identifying the vendor as the payee. | 21 | | The treasurer shall preserve the records for 2 years | 22 | | following the candidate's final campaign finance report for the | 23 | | election cycle. The candidate and treasurer shall submit | 24 | | photocopies of the records to the State Board upon its request. | 25 | | (o) The State Board may not distribute revenues to | 26 | | certified candidates in excess of the total amount of money |
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| 1 | | deposited into the Fund as set forth in Section 15. | 2 | | Notwithstanding any other provisions of this Act, if the State | 3 | | Board determines that the revenues in the Fund are insufficient | 4 | | to meet distributions under subsections (h) or (i) of this | 5 | | Section, the State Board may permit certified candidates to | 6 | | accept and spend contributions, reduced by any seed money | 7 | | contributions, aggregating no more than $500 per donor per | 8 | | election for gubernatorial candidates and $250 per donor per | 9 | | election for State Senate and State House candidates, up to the | 10 | | applicable amounts set forth in subsections (h) and (i) of this | 11 | | Section according to rules adopted by the State Board. | 12 | | (p) A candidate who has been denied certification as an | 13 | | Illinois Clean Elections Act candidate, the opponent of a | 14 | | candidate who has been granted certification as an Illinois | 15 | | Clean Elections Act candidate, or other interested persons may | 16 | | challenge a certification decision by the State Board as | 17 | | follows: | 18 | | (1) A challenger may appeal to the full State Board | 19 | | within 7 days after the certification decision. The appeal | 20 | | must be in writing and must set forth the reasons for the | 21 | | appeal. | 22 | | (2) Within 5 days after an appeal is properly made and | 23 | | after notice is given to the challenger and any opponent, | 24 | | the State Board shall hold a hearing. The appellant has the | 25 | | burden of providing evidence to demonstrate that the State | 26 | | Board decision was improper. The State Board must rule on |
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| 1 | | the appeal within 3 days after the completion of the | 2 | | hearing. | 3 | | (3) A challenger may appeal the decision of the State | 4 | | Board in paragraph (2) of this subsection by commencing an | 5 | | action in circuit court. | 6 | | (4) A candidate whose certification by the State Board | 7 | | as an Illinois Clean Elections Act candidate is revoked on | 8 | | appeal must return to the State Board any unspent revenues | 9 | | distributed from the Fund. | 10 | | If the State Board or court finds that an appeal was made | 11 | | frivolously or to cause delay or hardship, the State Board or | 12 | | court may require the moving party to pay costs of the State | 13 | | Board, court, and opposing parties, if any.
| 14 | | Section 25. Rules. The State Board shall adopt rules to | 15 | | ensure effective administration of this Act. These rules must | 16 | | include but must not be limited to procedures for obtaining | 17 | | qualifying contributions, certification as an Illinois Clean | 18 | | Elections Act candidate, circumstances involving special | 19 | | elections, vacancies, recounts, withdrawals or replacements, | 20 | | collection of revenues for the Fund, distribution of Fund | 21 | | revenue to certified candidates, return of unspent Fund | 22 | | disbursements, disposition of equipment purchased with Clean | 23 | | Elections Funds, and compliance with this Act.
| 24 | | Section 30. Violations.
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| 1 | | (a) In addition to any other penalties that may be | 2 | | applicable, a person who violates any provision of this Act or | 3 | | rules of the State Board adopted pursuant to Section 25 of this | 4 | | Act is subject to a fine not to exceed $10,000 per violation | 5 | | payable to the Fund. The State Board may assess a fine of up to | 6 | | $10,000 for a violation of reporting requirements if it | 7 | | determines that the failure to file a timely and accurate | 8 | | report resulted in the late payment of matching funds. This | 9 | | fine is recoverable in a civil action. In addition to any fine, | 10 | | for good cause shown, a candidate, treasurer, consultant, or | 11 | | other agent of the candidate or the committee authorized by the | 12 | | candidate found in violation of this Act or rules of the State | 13 | | Board may be required to return to the Fund all amounts | 14 | | distributed to the candidate from the Fund or any funds not | 15 | | used for campaign-related purposes. If the State Board makes a | 16 | | determination that a violation of this Act or rules of the | 17 | | State Board has occurred, the State Board shall assess a fine | 18 | | or transmit the finding to the Attorney General for | 19 | | prosecution. Fines paid under this Section must be deposited | 20 | | into the Fund. In determining whether or not a candidate is in | 21 | | violation of the expenditure limits of this Act, the State | 22 | | Board may consider as a mitigating factor any circumstances out | 23 | | of the candidate's control. | 24 | | (b) A person who willfully or knowingly violates this Act | 25 | | or rules of the State Board or who willfully or knowingly makes | 26 | | a false statement in any report required by this Act commits a |
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| 1 | | business offense punishable by a fine of at least $1,001 and | 2 | | not more than $5,000 and, if certified as an Illinois Clean | 3 | | Elections Act candidate, must return to the Fund all amounts | 4 | | distributed to the candidate. | 5 | | Section 35. Study report. By January 30, 2019 and every 4 | 6 | | years after that date, the State Board shall prepare for the | 7 | | General Assembly a report documenting, evaluating, and making | 8 | | recommendations relating to the administration, | 9 | | implementation, and enforcement of this Act and the Illinois | 10 | | Clean Elections Fund.
| 11 | | Section 90. The State Finance Act is amended by adding | 12 | | Section 5.878 as follows: | 13 | | (30 ILCS 105/5.878 new) | 14 | | Sec. 5.878. The Illinois Clean Elections Fund. | 15 | | Section 95. The Illinois Income Tax Act is amended by | 16 | | adding Section 507GGG as follows: | 17 | | (35 ILCS 5/507GGG new) | 18 | | Sec. 507GGG. The Illinois Clean Elections Fund checkoff. | 19 | | For taxable
years ending on or after December 31, 2017, the | 20 | | Department must
print on its standard individual income tax | 21 | | form a provision
indicating that if the taxpayer wishes to |
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| 1 | | contribute to the
Illinois Clean Elections Fund, as authorized | 2 | | by the Illinois Clean Elections Act, he or she may do so by | 3 | | stating the
amount of the contribution (not less than $3) on | 4 | | the return and
that the contribution will reduce the taxpayer's | 5 | | refund or
increase the amount of payment to accompany the | 6 | | return. Failure
to remit any amount of increased payment shall | 7 | | reduce the
contribution accordingly. This Section does not | 8 | | apply to any
amended return.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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