Full Text of SB1010 103rd General Assembly
SB1010sam001 103RD GENERAL ASSEMBLY | Sen. Sally J. Turner Filed: 4/21/2023
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| 1 | | AMENDMENT TO SENATE BILL 1010
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1010 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by adding Section | 5 | | 1A-52 as follows: | 6 | | (10 ILCS 5/1A-52 new) | 7 | | Sec. 1A-52. Regulation and oversight of private, | 8 | | nongovernmental funds. | 9 | | (a) The State Board of Elections is responsible for the | 10 | | regulation and oversight of all private, nongovernmental funds | 11 | | from an organization or an individual that are given or | 12 | | distributed to an election authority for the election | 13 | | authority to use. | 14 | | (b) An election authority may not apply for or request in | 15 | | some other manner any private, nongovernmental funding from | 16 | | any source. |
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| 1 | | (c) The Board may seek and apply for private, | 2 | | nongovernmental grants and donations to secure funds that will | 3 | | be distributed to election authorities to reimburse the | 4 | | election authorities for carrying out its duties related to | 5 | | official day-to-day operations and administering elections | 6 | | within the election authorities' respective jurisdictions. | 7 | | (d) All funds that are secured by the Board under | 8 | | subsection (c) shall be deposited by the Board into the | 9 | | Election Authority Support Fund, a special fund that is | 10 | | created in the State treasury, and, as directed by the State | 11 | | Board of Elections, may be disbursed and expended for the | 12 | | purposes described in this Section. | 13 | | (e) When funds are not designated for disbursement in the | 14 | | Election Authority Support Fund, the Board shall publish a | 15 | | notice of funds available to election authorities in the | 16 | | State. The notice must list the source or sources of funds, the | 17 | | total amount available, and how an election authority may | 18 | | apply to be reimbursed for expenditures. The frequency of | 19 | | notices shall be at the discretion of the Board, but shall not | 20 | | be less than once per calendar year unless no funds are | 21 | | available. | 22 | | (f) Funds disbursed under this Section must be directly | 23 | | proportional to the total population residing within the | 24 | | jurisdiction of the selected election authority. The initial | 25 | | amount of funds disbursed shall be calculated as if every | 26 | | election authority will apply for reimbursement. Any funds |
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| 1 | | remaining due to an insufficient number of applications, or | 2 | | another reason, shall be distributed through a second round of | 3 | | applications in which first round applicants may apply for a | 4 | | second time. | 5 | | (g) The Board must disburse funds to selected election | 6 | | authorities within 30 days of reimbursement application | 7 | | approval by check mailed to the official business address of | 8 | | the election authority or direct deposit into the election | 9 | | authority's government account. The Board is required to | 10 | | disburse all funds within 365 days of receiving the funds from | 11 | | an outside source unless the reason for not disbursing the | 12 | | funds is due to lack of applications from election | 13 | | authorities. In that case, the Board shall keep the funds | 14 | | until fully disbursed through the application process and the | 15 | | funds shall not be used for any other purpose. | 16 | | (h) Both the Board and all election authorities are | 17 | | required to create and maintain records pertaining to the | 18 | | requirements of this Section. These records include, at a | 19 | | minimum, applications by the Board for grants and donations, | 20 | | reimbursement applications by election authorities, and | 21 | | records of financial transfers. Election authorities must keep | 22 | | records on how any private, nongovernmental funds were spent. | 23 | | Funds received through this process must only be used as noted | 24 | | on the original reimbursement application to the Board. These | 25 | | financial records that detail the spending of funds must be | 26 | | made available to the Board upon request to the election |
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| 1 | | authority. | 2 | | (i) The Board shall establish rules by January 1, 2024 to | 3 | | implement this Section, including, at a minimum, procedures | 4 | | for grant applications, the frequency of notice of available | 5 | | funds, the reimbursement application process for election | 6 | | authorities to secure funding, and the process through which | 7 | | funds are distributed. | 8 | | (j) Nothing in this Section shall be construed to | 9 | | interfere with any funds or procedures relating to the Help | 10 | | America Vote Act, the Help Illinois Vote Fund, or the ERIC | 11 | | Operations Trust Fund, or any other type of funds and | 12 | | financial procedures detailed in any other provision of law. | 13 | | (k) If this Section conflicts with any other provision of | 14 | | law that specifies types of private, nongovernmental funds | 15 | | that may be used by election authorities, including, but not | 16 | | limited to, Section 1A-50, then the other, more specific law | 17 | | controls. | 18 | | (l) Except for the adoption of rules under subsection (i), | 19 | | election authorities and the Board must comply with the | 20 | | requirements of this Section beginning January 1, 2024. | 21 | | Nothing in this Section shall be construed to affect private, | 22 | | nongovernmental funds granted or given to an election | 23 | | authority or the Board prior to January 1, 2024. | 24 | | Section 10. The State Finance Act is amended by adding | 25 | | Section 5.990 as follows: |
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| 1 | | (30 ILCS 105/5.990 new) | 2 | | Sec. 5.990. The Election Authority Support Fund.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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