Sen. Sally J. Turner

Filed: 4/21/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1010 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by adding Section
51A-52 as follows:
6    (10 ILCS 5/1A-52 new)
7    Sec. 1A-52. Regulation and oversight of private,
8nongovernmental funds.
9    (a) The State Board of Elections is responsible for the
10regulation and oversight of all private, nongovernmental funds
11from an organization or an individual that are given or
12distributed to an election authority for the election
13authority to use.
14    (b) An election authority may not apply for or request in
15some other manner any private, nongovernmental funding from
16any source.



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1    (c) The Board may seek and apply for private,
2nongovernmental grants and donations to secure funds that will
3be distributed to election authorities to reimburse the
4election authorities for carrying out its duties related to
5official day-to-day operations and administering elections
6within the election authorities' respective jurisdictions.
7    (d) All funds that are secured by the Board under
8subsection (c) shall be deposited by the Board into the
9Election Authority Support Fund, a special fund that is
10created in the State treasury, and, as directed by the State
11Board of Elections, may be disbursed and expended for the
12purposes described in this Section.
13    (e) When funds are not designated for disbursement in the
14Election Authority Support Fund, the Board shall publish a
15notice of funds available to election authorities in the
16State. The notice must list the source or sources of funds, the
17total amount available, and how an election authority may
18apply to be reimbursed for expenditures. The frequency of
19notices shall be at the discretion of the Board, but shall not
20be less than once per calendar year unless no funds are
22    (f) Funds disbursed under this Section must be directly
23proportional to the total population residing within the
24jurisdiction of the selected election authority. The initial
25amount of funds disbursed shall be calculated as if every
26election authority will apply for reimbursement. Any funds



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1remaining due to an insufficient number of applications, or
2another reason, shall be distributed through a second round of
3applications in which first round applicants may apply for a
4second time.
5    (g) The Board must disburse funds to selected election
6authorities within 30 days of reimbursement application
7approval by check mailed to the official business address of
8the election authority or direct deposit into the election
9authority's government account. The Board is required to
10disburse all funds within 365 days of receiving the funds from
11an outside source unless the reason for not disbursing the
12funds is due to lack of applications from election
13authorities. In that case, the Board shall keep the funds
14until fully disbursed through the application process and the
15funds shall not be used for any other purpose.
16    (h) Both the Board and all election authorities are
17required to create and maintain records pertaining to the
18requirements of this Section. These records include, at a
19minimum, applications by the Board for grants and donations,
20reimbursement applications by election authorities, and
21records of financial transfers. Election authorities must keep
22records on how any private, nongovernmental funds were spent.
23Funds received through this process must only be used as noted
24on the original reimbursement application to the Board. These
25financial records that detail the spending of funds must be
26made available to the Board upon request to the election



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2    (i) The Board shall establish rules by January 1, 2024 to
3implement this Section, including, at a minimum, procedures
4for grant applications, the frequency of notice of available
5funds, the reimbursement application process for election
6authorities to secure funding, and the process through which
7funds are distributed.
8    (j) Nothing in this Section shall be construed to
9interfere with any funds or procedures relating to the Help
10America Vote Act, the Help Illinois Vote Fund, or the ERIC
11Operations Trust Fund, or any other type of funds and
12financial procedures detailed in any other provision of law.
13    (k) If this Section conflicts with any other provision of
14law that specifies types of private, nongovernmental funds
15that may be used by election authorities, including, but not
16limited to, Section 1A-50, then the other, more specific law
18    (l) Except for the adoption of rules under subsection (i),
19election authorities and the Board must comply with the
20requirements of this Section beginning January 1, 2024.
21Nothing in this Section shall be construed to affect private,
22nongovernmental funds granted or given to an election
23authority or the Board prior to January 1, 2024.
24    Section 10. The State Finance Act is amended by adding
25Section 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
4becoming law.".