Full Text of SB2360 103rd General Assembly
SB2360sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 3/8/2024 | | 10300SB2360sam001 | | LRB103 28352 SPS 70515 a |
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| 1 | | AMENDMENT TO SENATE BILL 2360
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2360 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Judicial Campaign Reform Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Allowable contribution" means a qualifying contribution, | 8 | | a seed money contribution, or a personal contribution | 9 | | authorized by this Act. | 10 | | "Candidate" means any person seeking election to the | 11 | | office of Judge of the Supreme Court or Judge of the Appellate | 12 | | Court. | 13 | | "Campaign" includes the primary election campaign period | 14 | | and the general election campaign period. | 15 | | "Clean judicial race" means an election in which all | 16 | | candidates are eligible candidates who will receive a public |
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| 1 | | financing benefit under this Act. | 2 | | "General election campaign period" means the period | 3 | | beginning on the day after the general primary election and | 4 | | ending on the day of the general election. | 5 | | "Electioneering communication expenditure" means an | 6 | | expenditure for electioneering communications as that term is | 7 | | defined in Article 9 of the Election Code. | 8 | | "Eligible candidate" means a candidate who qualifies for | 9 | | public financing by collecting the required number of | 10 | | qualifying contributions, making all required reports and | 11 | | disclosures, and being certified by the State Board of | 12 | | Elections as being in compliance with this Act. | 13 | | "Excess qualifying contribution amount" means the amount | 14 | | of qualifying contributions accepted by a candidate that | 15 | | exceeds the dollar amount of contributions required to qualify | 16 | | a candidate for a public financing benefit. | 17 | | "Exploratory period" means the period that begins one year | 18 | | before the general primary election date and ends on the day | 19 | | before the beginning of the primary election campaign. | 20 | | "Fair election debit card" means a debit card issued by | 21 | | the State Treasurer in accordance with Section 65 entitling a | 22 | | candidate and agents of the candidate designated by the | 23 | | candidate to draw money from an account maintained by the | 24 | | State Treasurer to make expenditures authorized by law. | 25 | | "Fund" means the Illinois Judicial Election Democracy | 26 | | Trust Fund, a special fund created in the State treasury for |
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| 1 | | use, subject to appropriation, by the State Board of Elections | 2 | | for the funding of campaigns for eligible candidates. | 3 | | "Immediate family", when used with reference to a | 4 | | candidate, includes the candidate's spouse, parents, and | 5 | | children. | 6 | | "Independent expenditure" means an expenditure by a person | 7 | | expressly advocating the election or defeat of a clearly | 8 | | identified candidate that is made without cooperation or | 9 | | consultation with a candidate, or any political committee or | 10 | | agent of a candidate, and that is not made in concert with, or | 11 | | at the request or suggestion of, any candidate or any | 12 | | political committee or agent of a candidate. | 13 | | "Nonparticipating candidate" means a candidate who does | 14 | | not apply for a public financing benefit or who otherwise is | 15 | | ineligible or fails to qualify for a public financing benefit | 16 | | under this Act. | 17 | | "Personal funds" means funds contributed by a candidate or | 18 | | a member of a candidate's immediate family. | 19 | | "Primary election campaign period" means the period that | 20 | | begins 30 days after the last day prescribed by law for filing | 21 | | nomination papers and ends on the day of the general primary | 22 | | election. | 23 | | "Public financing qualifying period" means the period | 24 | | beginning on July 1 of an odd-numbered year and ending on the | 25 | | day before the beginning of the primary election campaign | 26 | | period for the office of Judge of the Supreme Court or Judge of |
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| 1 | | the Appellate Court. | 2 | | "Qualifying contribution" means a contribution made during | 3 | | the public financing qualifying period that is between $5 and | 4 | | $100, and that is made, to a candidate, by an individual who is | 5 | | at least 18 years old and resides in the district in which the | 6 | | candidate seeks office, and that is acknowledged by written | 7 | | receipt identifying the contributor. | 8 | | "Qualifying report" means a list of all individual | 9 | | qualifying contributions. | 10 | | "Seed money contribution" means (1) a contribution in an | 11 | | amount not more than $1,000 made to a candidate during the | 12 | | exploratory period or the public financing qualifying period | 13 | | or (2) a contribution made to a candidate during the | 14 | | exploratory period or the public financing qualifying period | 15 | | consisting of personal funds of the candidate in an amount not | 16 | | more than the amount authorized under Section 20. | 17 | | "State Board" means the State Board of Elections. | 18 | | Section 10. Alternative judicial campaign financing | 19 | | option. There is established an alternative campaign financing | 20 | | option available to candidates running for office of Judge of | 21 | | the Supreme Court or Judge of the Appellate Court. This | 22 | | alternative campaign financing option is available to | 23 | | candidates for elections to be held beginning in the year | 24 | | 2026. The State Board shall administer this Act and the Fund. | 25 | | Candidates receiving public financing benefits under this Act |
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| 1 | | shall also comply with all other applicable election and | 2 | | campaign laws, rules, and regulations. | 3 | | Section 15. The Illinois Judicial Election Democracy Trust | 4 | | Fund. | 5 | | (a) The Illinois Judicial Election Democracy Trust Fund is | 6 | | established as a special fund in the State treasury to finance | 7 | | the election campaigns of eligible candidates running for | 8 | | office of Judge of the Supreme Court or Judge of the Appellate | 9 | | Court and to pay administrative and enforcement costs of the | 10 | | State Board related to this Act. Any interest generated by the | 11 | | Fund is credited to the Fund. The State Board shall administer | 12 | | the Fund. | 13 | | (b) The following shall be deposited into the Fund: | 14 | | (1) At the direction of the State Board, the | 15 | | Comptroller shall direct and the Treasurer shall transfer | 16 | | $40,000,000 of the revenues from the taxes imposed by the | 17 | | 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 1 of each year, beginning | 20 | | January 1, 2025. If the State Board determines that the | 21 | | Fund will not have sufficient revenues to cover the likely | 22 | | demand for funds from the Fund in an upcoming calendar | 23 | | year, by January 1 the State Board shall provide a report | 24 | | of its projections of the balances in the Fund to the | 25 | | General Assembly and the Governor and may request that the |
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| 1 | | State Treasurer make the following transfers to the Fund | 2 | | from the General Revenue Fund: | 3 | | (A) Up to $20,000,000, no later than February 28, | 4 | | 2025, reflecting an advance of the transfer of the | 5 | | amounts that would be received on or before January 1, | 6 | | 2026 under this paragraph. | 7 | | (B) Up to $15,000,000, no later than July 31, | 8 | | 2025, reflecting an advance of the transfer of the | 9 | | amounts that would be received on or before January 1, | 10 | | 2026 under this paragraph. | 11 | | (C) Up to $5,000,000, no later than September 1, | 12 | | 2027, reflecting a partial advance of the transfer of | 13 | | the amounts that would be received on or before | 14 | | January 1, 2028 under this paragraph. | 15 | | (2) Revenue from a tax checkoff program allowing a | 16 | | resident of the State who files a tax return with the | 17 | | Department of Revenue to designate that $3 be paid into | 18 | | the Fund. In the case of spouses filing a joint return, | 19 | | each spouse may designate that not less than $3 be paid | 20 | | into the Fund. The Department of Revenue shall report | 21 | | annually the amounts designated for the Fund to the State | 22 | | Treasurer, who shall transfer that amount to the Fund. | 23 | | (3) Any excess qualifying contributions or seed money | 24 | | contributions that exceed the allotted total in Section | 25 | | 20. | 26 | | (4) Fund revenues that were distributed to an eligible |
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| 1 | | candidate and that remain unspent after the candidate has | 2 | | lost a primary election or after all general elections. | 3 | | (5) Other unspent Fund revenues distributed to any | 4 | | eligible candidate who does not remain a candidate | 5 | | throughout a primary or general election cycle. | 6 | | (6) Voluntary donations made directly to the Fund. | 7 | | Individuals and other entities may make direct voluntary | 8 | | contributions to the Fund, not to exceed $1,000 per | 9 | | individual or entity per calendar year. | 10 | | (7) Fines collected under this Act. | 11 | | (c) By September 1 preceding each year in which there is an | 12 | | election for the office of Judge of the Supreme Court or Judge | 13 | | of the Appellate Court, the State Board shall publish an | 14 | | estimate of revenue in the Fund available for distribution to | 15 | | eligible candidates during the upcoming year's elections and | 16 | | an estimate of the likely demand for public financing during | 17 | | that election. The State Board may submit a request to the | 18 | | General Assembly to request additional funding. | 19 | | Section 20. Terms of participation. | 20 | | (a) Before a candidate for nomination in the general | 21 | | primary election may be certified as an eligible candidate, | 22 | | the candidate shall file a declaration of intent to seek | 23 | | certification as an eligible candidate and to comply with the | 24 | | requirements of this Act. The declaration of intent shall be | 25 | | filed with the State Board prior to or during the qualifying |
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| 1 | | period and in accordance with forms and procedures developed | 2 | | by the State Board. An eligible candidate shall submit a | 3 | | declaration of intent within 5 business days after collecting | 4 | | qualifying contributions under this Act, or the qualifying | 5 | | contributions collected before the declaration of intent has | 6 | | been filed will not be applied toward the eligibility | 7 | | requirement in subsection (c). | 8 | | (b) After becoming a candidate and before certification as | 9 | | an eligible candidate, a candidate may not accept | 10 | | contributions, except for seed money contributions, including | 11 | | personal funds. A candidate shall limit the candidate's | 12 | | personal funds and seed money contributions to the following | 13 | | amounts: | 14 | | (1) The personal funds of a candidate contributed as | 15 | | seed money contributions may not exceed an aggregate | 16 | | amount of $25,000 for a candidate seeking nomination for | 17 | | the Supreme Court or Appellate Court in the First Judicial | 18 | | District and $15,000 for a candidate seeking nomination | 19 | | for the Supreme Court or the Appellate Court for a | 20 | | Judicial District other than the First Judicial District. | 21 | | No eligible candidate may make any expenditure derived | 22 | | from personal funds after the close of the public | 23 | | financing qualifying period. Eligible candidates shall not | 24 | | loan personal funds to their campaign. | 25 | | (2) A candidate may accept seed money contributions | 26 | | from any individual or political committee before the end |
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| 1 | | of the public financing qualifying period, so long as the | 2 | | total contributions from one contributor, except personal | 3 | | funds and qualifying contributions otherwise permitted | 4 | | under this Act, do not exceed $1,000 and the aggregate | 5 | | contributions, including personal funds, but not including | 6 | | qualifying contributions, do not exceed $75,000 for a | 7 | | candidate seeking nomination for the Supreme Court or | 8 | | Appellate Court in the First Judicial District and $45,000 | 9 | | for a candidate seeking nomination for the Supreme Court | 10 | | or Appellate Court for a Judicial District, other that the | 11 | | First Judicial District. | 12 | | As used in this Section, "personal funds" includes funds | 13 | | from the candidate's immediate family. | 14 | | (c) The State Board shall certify a candidate as an | 15 | | eligible candidate for receipt of public financing for a | 16 | | primary election if the candidate complies with subsection (a) | 17 | | and receives from individual qualifying contributors before | 18 | | the close of the public financing qualifying period qualifying | 19 | | contributions that total at least $25,000 for a candidate | 20 | | seeking nomination for the Supreme Court or Appellate Court in | 21 | | the First Judicial District or qualifying contributions that | 22 | | total at least $15,000 for a candidate seeking nomination for | 23 | | the Supreme Court or Appellate Court for a Judicial District, | 24 | | other than the First Judicial District. The State Board may | 25 | | require candidates to file lists of qualifying contributions | 26 | | in an electronic format. If so required, the State Board shall |
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| 1 | | either provide, without charge, all software necessary to | 2 | | comply with this requirement or ensure that the necessary | 3 | | software is commonly available to the public at minimal cost. | 4 | | (d) Each candidate shall acknowledge each qualifying | 5 | | contribution by providing a receipt to the contributor that | 6 | | contains the contributor's name and home address and shall | 7 | | file a report of all qualifying contributions with the State | 8 | | Board. | 9 | | (e) The State Board shall verify a candidate's compliance | 10 | | with the requirements of subsection (d) by any verification | 11 | | and sampling techniques that the State Board considers | 12 | | appropriate. | 13 | | (f) Qualifying contributions and seed money contributions | 14 | | may be used only for the purpose of making an expenditure | 15 | | authorized by law. | 16 | | (g) A candidate shall return to the State Board all | 17 | | qualifying contributions, seed money, and personal | 18 | | contributions, including in-kind contributions, that exceed | 19 | | the limits prescribed by this Section within 48 hours after | 20 | | the end of the exploratory period. The State Board shall | 21 | | deposit all contributions returned under this Section into the | 22 | | Fund. | 23 | | (h) An eligible candidate who accepts a public financing | 24 | | benefit under this Act during the primary election campaign | 25 | | period shall agree to comply with all requirements of this Act | 26 | | throughout the general election campaign period as a |
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| 1 | | precondition to receipt of public financing. An eligible | 2 | | candidate who accepts a public financing benefit during a | 3 | | primary election campaign period may not elect to accept | 4 | | private contributions in violation of this Act during the | 5 | | corresponding general election campaign period. | 6 | | Section 25. Certification as an eligible candidate for a | 7 | | primary election; distributions of funds. | 8 | | (a) The State Board shall certify a candidate complying | 9 | | with the requirements of Section 20 as an eligible candidate | 10 | | as soon as possible. The State Board shall only certify a | 11 | | candidate who is running unopposed or will run in a clean | 12 | | judicial race. The State Board shall not certify a candidate | 13 | | as an eligible candidate if the candidate is running against a | 14 | | candidate who does not receive a public financing benefit | 15 | | under this Act. An eligible candidate certified under this Act | 16 | | shall comply with all requirements of this Act after | 17 | | certification and throughout the primary and general election | 18 | | periods and failure to do so is a violation of this Act. | 19 | | (b) After certification, an eligible candidate shall limit | 20 | | the candidate's campaign expenditures and obligations, | 21 | | including outstanding obligations, to qualifying | 22 | | contributions, seed money contributions, revenues distributed | 23 | | to the candidate from the Fund, and interest earned on moneys | 24 | | in the Fund, and the candidate may not accept any other | 25 | | contributions unless specifically authorized by the State |
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| 1 | | Board. | 2 | | (c) All revenues distributed to an eligible candidate from | 3 | | the Fund shall be used for campaign-related purposes. The | 4 | | candidate, the treasurer, the candidate's political committee, | 5 | | or any agent of the candidate and committee shall only use | 6 | | these revenues for campaign-related purposes. The State Board | 7 | | shall publish guidelines outlining permissible | 8 | | campaign-related expenditures. | 9 | | (d) The State Board shall distribute to eligible | 10 | | candidates revenues from the Fund in amounts as follows: | 11 | | (1) for a primary election in the First Judicial | 12 | | District, $25,000; and | 13 | | (2) for a primary election in all judicial districts | 14 | | except the First Judicial District, $15,000. | 15 | | (e) The State Board shall distribute to each eligible | 16 | | candidate at the general primary election a line of credit for | 17 | | public financing promptly after the candidate demonstrates the | 18 | | candidate's eligibility but later than 5 days after the end of | 19 | | the public financing qualifying period. However, no candidate | 20 | | may use a line of credit distributed under this subsection | 21 | | until the beginning of the primary election campaign period. | 22 | | Section 30. Certification as an eligible candidate for a | 23 | | general election; distributions of funds. | 24 | | (a) Before a candidate may be certified as eligible for | 25 | | receipt of public financing for the general election, the |
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| 1 | | candidate shall apply to the State Board and file a sworn | 2 | | statement that the candidate has fulfilled all of the | 3 | | requirements of this Act during the primary election campaign | 4 | | period, has won the nomination in the general primary, and | 5 | | will comply with the requirements of this Act during the | 6 | | general election campaign period. The application shall be | 7 | | filed no later than the 7th day after the date of the general | 8 | | primary election. | 9 | | (b) The State Board shall certify a candidate as an | 10 | | eligible candidate for receipt of public financing for a | 11 | | general election campaign period if the candidate complies | 12 | | with subsection (a) and the candidate was an eligible | 13 | | candidate during the primary election campaign period. The | 14 | | State Board shall only certify a candidate who is running | 15 | | unopposed or will run in a clean judicial race. The State Board | 16 | | shall not certify a candidate as an eligible candidate if the | 17 | | candidate is running against a candidate who does not receive | 18 | | a public financing benefit under this Act. | 19 | | (c) If more than one candidate files an application for | 20 | | the general election, the State Board shall accept | 21 | | applications from all candidates who comply with subsection | 22 | | (a), but the State Board shall postpone the declaration of | 23 | | eligibility for the general election until after the general | 24 | | primary results are certified. After the results have been | 25 | | certified, if the nominee filed an application under | 26 | | subsection (a), the State Board shall declare that candidate |
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| 1 | | eligible for the general election. | 2 | | (d) The State Board shall distribute to each eligible | 3 | | candidate in the general election a line of credit for public | 4 | | financing not later than the earlier of (i) 48 hours after the | 5 | | official canvass and proclamation under Section 22-7 of the | 6 | | Election Code or (ii) 21 days after the date of the general | 7 | | primary election. No candidate may receive a line of credit | 8 | | until all candidates for judicial office who apply and qualify | 9 | | for a public financing benefit have been certified as eligible | 10 | | candidates. | 11 | | (e) The State Board shall distribute to eligible | 12 | | candidates revenues from the Fund in amounts in the following | 13 | | manner: | 14 | | (1) for a candidate for the office of Judge of the | 15 | | Supreme Court during a general election, $525,000; and | 16 | | (2) for a candidate for the office of Judge of the | 17 | | Appellate Court during a general election, $175,000. | 18 | | (f) Beginning on April 1, 2027 and every 2 years | 19 | | thereafter, the State Board shall modify the public financing | 20 | | benefits provided for in subsection (e) to adjust for the | 21 | | change in the Consumer Price Index, All Items, U. S. City | 22 | | Average, published by the United States Department of Labor | 23 | | for the preceding 2-year period ending on December 31. | 24 | | Section 35. Requirements for eligible candidates. | 25 | | (a) An eligible candidate may not accept private |
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| 1 | | contributions other than seed money contributions and | 2 | | qualifying contributions. An eligible candidate may only | 3 | | accept one qualifying contribution from each contributor. | 4 | | (b) In addition to reports required to be filed under the | 5 | | Election Code, a candidate who receives a public financing | 6 | | benefit shall furnish complete financial records, including | 7 | | records of seed money contributions, qualifying contributions, | 8 | | and expenditures on the last day of each month. | 9 | | (c) In addition to adhering to requirements imposed under | 10 | | the Election Code, a candidate who receives a public financing | 11 | | benefit shall maintain records of all contributions of at | 12 | | least $5, including seed money contributions and qualifying | 13 | | contributions. These records shall contain the full name of | 14 | | the contributor and the contributor's full home address. | 15 | | (d) The failure to record or provide the information | 16 | | specified in subsection (c) disqualifies a contribution from | 17 | | counting as a qualifying contribution. | 18 | | (e) No eligible candidate and no person acting on an | 19 | | eligible candidate's behalf may accept any contribution that | 20 | | is not recorded in accordance with subsection (c) in a | 21 | | candidate's campaign account. | 22 | | (f) No eligible candidate may accept more than $1,000 in | 23 | | cash from any contributor. | 24 | | (g) Notwithstanding any other provision of law, eligible | 25 | | candidates shall report all campaign expenditures, | 26 | | obligations, and related activities to the State Board |
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| 1 | | according to procedures developed by the State Board. | 2 | | (h) The eligible candidate or the eligible candidate's | 3 | | treasurer shall obtain and keep: | 4 | | (1) bank or other account statements for the campaign | 5 | | account covering the duration of the campaign; | 6 | | (2) a vendor invoice stating the particular goods or | 7 | | services purchased for every expenditure of $50 or more; | 8 | | and | 9 | | (3) a record proving that a vendor received payment | 10 | | for every expenditure of $50 or more in the form of a | 11 | | cancelled check, receipt from the vendor, or bank or | 12 | | credit card statement identifying the vendor as the payee. | 13 | | (i) The eligible candidate or the eligible candidate's | 14 | | treasurer shall preserve the records for 2 years following the | 15 | | candidate's final campaign finance report for the election | 16 | | cycle. The candidate and treasurer shall submit photocopies of | 17 | | the records to the State Board upon its request. | 18 | | Section 40. Unspent funds. Upon the filing of a final | 19 | | report for any primary election in which the eligible | 20 | | candidate was defeated and for all general elections, an | 21 | | eligible candidate shall return all unspent revenues from the | 22 | | Fund to the State Board. In developing procedures for the | 23 | | return of unspent revenues from the Fund, the State Board | 24 | | shall use existing campaign reporting procedures whenever | 25 | | practicable. The State Board shall ensure timely public access |
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| 1 | | to campaign finance data and may use electronic means of | 2 | | reporting and storing information. | 3 | | Section 45. Illinois Judicial Election Democracy Trust | 4 | | Fund. | 5 | | (a) All moneys collected under Sections 40, 45, and 70 | 6 | | shall be deposited into the Illinois Judicial Election | 7 | | Democracy Trust Fund and may be used by the State Board for the | 8 | | purposes of this Act. The State Treasurer, in consultation | 9 | | with the State Board, shall contract with a debit card issuer | 10 | | to permit eligible candidates and their agents to draw upon | 11 | | moneys appropriated from the Fund through an account with the | 12 | | card issuer. | 13 | | (b) Upon a determination of a candidate's eligibility for | 14 | | a public financing benefit under this Act, the State Treasurer | 15 | | shall issue to the eligible candidate a debit card, known as | 16 | | the fair election debit card, entitling the candidate and | 17 | | agents of the candidate designated by the candidate to draw | 18 | | money from an account to make expenditures on behalf of the | 19 | | candidate. | 20 | | (c) No eligible candidate or agent of an eligible | 21 | | candidate may make any campaign expenditure by any means other | 22 | | than through the use of the fair election debit card after | 23 | | being certified as an eligible candidate. No candidate or | 24 | | agent may use a fair election debit card to obtain cash, except | 25 | | that cash amounts of $100 or less may be drawn on the fair |
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| 1 | | election debit card and used to make expenditures of no more | 2 | | than $25 each. A candidate shall maintain records of all | 3 | | expenditures and shall report the expenditures to the State | 4 | | Board in accordance with Section 35. | 5 | | (d) The State Board may draw upon moneys in the Fund to | 6 | | support the administration of the program. These moneys may be | 7 | | used only to pay costs to the State Board that are directly | 8 | | associated with the administration of the program, including, | 9 | | but not limited to, ensuring compliance with this Act and | 10 | | promoting the income tax checkoff. These administrative | 11 | | reimbursements shall be limited to 1% of the Fund balance in | 12 | | fiscal years when there is no eligible seat on the ballot or 5% | 13 | | of the Fund balance in fiscal years when there is an eligible | 14 | | seat on either a primary or general election ballot. | 15 | | Section 50. Challenges to certification of an eligible | 16 | | candidate. | 17 | | (a) A candidate who has been denied certification as an | 18 | | eligible candidate, the opponent of a candidate who has been | 19 | | granted certification as an eligible candidate, or other | 20 | | interested persons may challenge a certification decision made | 21 | | by the State Board as follows: | 22 | | (1) A challenger may appeal to the full State Board | 23 | | within 7 days after the certification decision. The appeal | 24 | | shall be in writing and shall set forth the reasons for the | 25 | | appeal. |
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| 1 | | (2) Within 5 days after an appeal is properly made and | 2 | | after notice is given to the challenger and any opponent, | 3 | | the State Board shall hold a hearing. The appellant has | 4 | | the burden of providing evidence to demonstrate that the | 5 | | State Board decision was improper. The State Board shall | 6 | | rule on the appeal within 3 days after the completion of | 7 | | the hearing. | 8 | | (3) A challenger may appeal the decision of the State | 9 | | Board in paragraph (2) by commencing an action in circuit | 10 | | court. | 11 | | (4) A candidate whose certification by the State Board | 12 | | as an eligible candidate is revoked on appeal shall return | 13 | | to the State Board any unspent revenues distributed from | 14 | | the Fund. | 15 | | (b) If the State Board or court finds that an appeal was | 16 | | made frivolously or to cause delay or hardship, the State | 17 | | Board or court may require the moving party to pay costs of the | 18 | | State Board, court, and opposing parties, if any. | 19 | | Section 55. Rulemaking. The State Board shall adopt rules | 20 | | to ensure effective administration of this Act. These rules | 21 | | shall include, but shall not be limited to, rules concerning | 22 | | procedures for obtaining qualifying contributions, | 23 | | certification as an eligible candidate, circumstances | 24 | | involving special elections, vacancies, recounts, withdrawals | 25 | | or replacements, collection of revenues for the Fund, |
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| 1 | | distribution of Fund revenue to certified candidates, return | 2 | | of unspent Fund disbursements, and compliance with this Act. | 3 | | Section 60. Violations. | 4 | | (a) In addition to any other penalties that may be | 5 | | applicable, a person who violates any provision of this Act or | 6 | | rules adopted by the State Board under Section 55 is subject to | 7 | | a fine not to exceed $10,000 per violation, payable to the | 8 | | Fund. In addition to any fine, for good cause shown, a | 9 | | candidate, treasurer, consultant, or other agent of the | 10 | | candidate or the committee authorized by the candidate found | 11 | | in violation of this Act or rules of the State Board may be | 12 | | required to return to the Fund all amounts distributed to the | 13 | | candidate from the Fund or any funds not used for | 14 | | campaign-related purposes. If the State Board makes a | 15 | | determination that a violation of this Act or rules of the | 16 | | State Board has occurred, the State Board shall assess a fine | 17 | | or transmit the finding to the Attorney General for | 18 | | prosecution. Fines paid under this Section shall be deposited | 19 | | into the Fund. In determining whether or not a candidate is in | 20 | | violation of the expenditure limits of this Act, the State | 21 | | Board may consider as a mitigating factor any circumstances | 22 | | out of the candidate's control. | 23 | | (b) A person who willfully or knowingly violates this Act | 24 | | or rules adopted under this Act or who willfully or knowingly | 25 | | makes a false statement in any report required by this Act |
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| 1 | | commits a business offense punishable by a fine of at least | 2 | | $1,001 and not more than $5,000 and, if certified as an | 3 | | eligible candidate, shall return to the Fund all amounts | 4 | | distributed to the candidate. | 5 | | Section 65. Study report. By January 30, 2025 and every 4 | 6 | | years thereafter, the State Board shall prepare and submit to | 7 | | the General Assembly a report documenting, evaluating, and | 8 | | making recommendations relating to the administration, | 9 | | implementation, and enforcement of this Act and the Illinois | 10 | | Judicial Election Democracy Trust Fund. | 11 | | Section 70. Severability. The provisions of this Act are | 12 | | severable. If any provision of this Act is held invalid by a | 13 | | court of competent jurisdiction, the invalidity does not | 14 | | affect other provisions of this Act that can be given effect | 15 | | without the invalid provision. | 16 | | Section 900. The State Finance Act is amended by adding | 17 | | Section 5.1015 as follows: | 18 | | (30 ILCS 105/5.1015 new) | 19 | | Sec. 5.1015. The Illinois Judicial Election Democracy | 20 | | Trust Fund. | 21 | | Section 905. The Illinois Income Tax Act is amended by |
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| 1 | | changing Section 509 and by adding Section 506.7 as follows: | 2 | | (35 ILCS 5/506.7 new) | 3 | | Sec. 506.7. Designation of tax to the Illinois Judicial | 4 | | Election Democracy Trust Fund. The Department shall print on | 5 | | its standard individual income tax form a provision indicating | 6 | | that if the taxpayer wishes to contribute to the Illinois | 7 | | Judicial Election Democracy Trust Fund, as authorized by this | 8 | | amendatory Act of the 103rd General Assembly, he or she may do | 9 | | so by stating the amount of the contribution, not less than $3, | 10 | | on the return and that the contribution will reduce the | 11 | | taxpayer's refund or increase the amount of payment to | 12 | | accompany the return. Failure to remit any amount of the | 13 | | increased payment shall reduce the contribution accordingly. | 14 | | This Section does not apply to any amended return. This tax | 15 | | checkoff applies to income tax forms for taxable years 2025 | 16 | | and thereafter. | 17 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509) | 18 | | Sec. 509. Tax checkoff explanations. | 19 | | (a) All individual income tax return forms shall contain | 20 | | appropriate explanations and spaces to enable the taxpayers to | 21 | | designate contributions to the funds to which contributions | 22 | | may be made under this Article 5. | 23 | | (b) Each form shall contain a statement that the | 24 | | contributions will reduce the taxpayer's refund or increase |
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| 1 | | the amount of payment to accompany the return. Failure to | 2 | | remit any amount of increased payment shall reduce the | 3 | | contribution accordingly. | 4 | | (c) If, on October 1 of any year, the total contributions | 5 | | to any one of the funds made under this Article 5 , except the | 6 | | Illinois Judicial Election Democracy Trust Fund, do not equal | 7 | | $100,000 or more, the explanations and spaces for designating | 8 | | contributions to the fund shall be removed from the individual | 9 | | income tax return forms for the following and all subsequent | 10 | | years and all subsequent contributions to the fund shall be | 11 | | refunded to the taxpayer. This contribution requirement does | 12 | | not apply to the Diabetes Research Checkoff Fund checkoff | 13 | | contained in Section 507GG of this Act. | 14 | | (d) Notwithstanding any other provision of law, the | 15 | | Department shall include the Hunger Relief Fund checkoff | 16 | | established under Section 507SS on the individual income tax | 17 | | form for the taxable year beginning on January 1, 2012. If, on | 18 | | October 1, 2013, or on October 1 of any subsequent year, the | 19 | | total contributions to the Hunger Relief Fund checkoff do not | 20 | | equal $100,000 or more, the explanations and spaces for | 21 | | designating contributions to the fund shall be removed from | 22 | | the individual income tax return forms for the following and | 23 | | all subsequent years and all subsequent contributions to the | 24 | | fund shall be refunded to the taxpayer. | 25 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.) |
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| 1 | | Section 999. Effective date. This Act takes effect January | 2 | | 1, 2025.". |
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