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90_SB1204
New Act
30 ILCS 105/5.449 new
35 ILCS 5/507U new
35 ILCS 5/509 from Ch. 120, par. 5-509
35 ILCS 5/510 from Ch. 120, par. 5-510
Creates the Public Election Fund Act. Provides that
eligible candidates for the offices of Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller,
Treasurer, State Senator, and State Representative shall
receive public matching funds. Sets requirements for
eligibility for public matching funds. Allows a caucus
political committee organized by the President of the Senate,
the Minority Leader of the Senate, the Speaker of the House
of Representatives, or the Minority Leader of the House of
Representatives to receive additional public matching funds.
Provides that a candidate may not receive public matching
funds if an election is uncontested. Provides that if a
political committee or caucus political committee violates
any condition of eligibility, that committee shall forfeit an
amount twice the amount of the violating contribution.
Prohibits the use of campaign funds for certain expenditures.
Provides that use of funds for a prohibited expenditure shall
result in the forfeiture of matching funds and shall be a
business offense in an amount equal to the prohibited
expenditure. Provides that any person, candidate, or
committee that collects, schemes, or collaborates to misuse,
collect, or improperly accept matching funds is guilty of a
Class A misdemeanor. Contains other provisions. Amends the
State Finance Act to create the Public Election Fund. Amends
the Illinois Income Tax Act. Allows contributions to be made
to the Public Election Fund through an income tax checkoff.
Effective January 1, 1999.
LRB9007559MWsb
LRB9007559MWsb
1 AN ACT relating to the public financing of campaigns for
2 certain public offices.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Public Election Fund Act.
7 Section 5. Legislative intent. The ever increasing role
8 of money in campaigns for public office has caused great
9 concern among the members of the public. These concerns
10 include the large amount of money expended for campaigns and
11 the source of money contributed to candidates. Therefore, in
12 order to restore the confidence of citizens in their
13 government, the intent of this Act is to partially publicly
14 fund campaigns for public office based upon the voluntary
15 participation of candidates for those offices.
16 Section 10. Definitions. As used in this Act, unless
17 the context clearly indicates otherwise:
18 "Board" means the State Board of Elections.
19 "Qualified candidate" means any individual who seeks
20 nomination to public office through a political party or
21 election to a public office as a candidate of a political
22 party or as an independent candidate for public office. A
23 person is considered a candidate only if (i) he or she takes
24 the actions necessary as required by the Election Code to
25 qualify as a candidate for public office and is certified by
26 the State Board of Elections to have his or her name placed
27 on a ballot for election and (ii) a political committee
28 formed on behalf of that person accepts contributions and
29 makes expenditures on behalf of that person as a candidate
30 for public office. An independent candidate shall be
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1 eligible for matching funds under this Act only for the
2 general election cycle.
3 "Consumer Price Index" means the consumer price index as
4 reported by the Bureau of Labor Statistics of the U.S.
5 Department of Labor.
6 "Contribution", "political committee", and "expenditure"
7 mean the same as in Sections 9-1.4, 9-1.5, and 9-1.9 of the
8 Election Code.
9 "Caucus political committee" means a political committee
10 organized by or on behalf of the President of the Senate, the
11 Minority Leader of the Senate, the Speaker of the House of
12 Representatives, or the Minority Leader of the House of
13 Representatives for the electoral benefit of the caucus he or
14 she represents as a legislative leader.
15 "Family" means the spouse, father, mother, father-in-law,
16 mother-in-law, children, or siblings of a candidate.
17 "Public matching funds" means any money disbursed by the
18 State Board of Elections from the Public Election Fund.
19 "Candidate" means a qualified candidate for any of the
20 following offices:
21 (1) Governor;
22 (2) Lieutenant Governor;
23 (3) Attorney General;
24 (4) Secretary of State;
25 (5) Comptroller;
26 (6) Treasurer;
27 (7) State Senator; or
28 (8) State Representative.
29 "Primary election cycle" means that period beginning with
30 July 1 of the year after the general election and leading up
31 to the date of the next primary election.
32 "General election cycle" means that period beginning with
33 the day after the primary election and concluding the
34 December 31 after the general election.
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1 "Contested primary election" and "contested general
2 election" mean a primary or a general election in which 2 or
3 more candidates are certified to have their names printed on
4 the ballot by the Board.
5 "Legislative leader" means either the President of the
6 Senate, the Minority Leader of the Senate, the Speaker of the
7 House of Representatives, or the Minority Leader of the House
8 of Representatives.
9 Section 15. Public Election Fund. The Public Election
10 Fund is created as a special fund in the State treasury.
11 Subject to the limitations of this Act, each qualified
12 candidate shall be eligible to receive public matching funds
13 authorized by this Act to be distributed by the State Board
14 of Elections, subject to appropriation, from the Public
15 Election Fund. The moneys deposited into the Public Election
16 Fund shall be those amounts contributed by a income tax
17 check-off as provided in the Illinois Income Tax Act, by
18 appropriations of the General Assembly, and by private
19 donations as provided for in Section 65 of this Act.
20 Section 20. Eligibility. A candidate may become
21 eligible for public matching funds from the Public Election
22 Fund only if he or she signs an agreement with the State
23 Board of Elections. The agreement shall be filed with the
24 Board and available for public inspection. To be eligible
25 for matching funds a candidate shall agree to:
26 (1) Receive at least 25% of the maximum amount of
27 matching funds permitted to be received from the Public
28 Election Fund for the office sought in the primary election
29 cycle as provided in Section 40 and in the general election
30 cycle as provided in Section 45 from contributions of $500 or
31 less. An independent candidate or a candidate of a political
32 party subject to Article 10 of the Election Code that does
33 not hold a primary election must receive at least 25% of the
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1 maximum amount of matching funds permitted to be received
2 from the Public Election Fund for the office sought in the
3 general election cycle as provided in Section 45 from
4 contributions of $500 or less. A caucus political committee
5 is exempt from the requirement of this item (1).
6 (2) Establish and maintain only one principal political
7 committee for the office being sought, except that a
8 candidate who is also an officer of a State central
9 committee, a county central committee, or a ward or township
10 committee of a political party may maintain that position
11 without disqualification from receiving public matching funds
12 under this Act, provided that the candidate does not receive
13 any donation or transfer of funds in excess of $5,000 from
14 the committee of which he or she is an officer to the
15 committee that is used to receive public matching funds on
16 behalf of the candidate. A candidate shall agree to dissolve
17 any other political committee previously organized by or in
18 behalf of his or her candidacy or for any other purpose and
19 transfer any moneys held by that committee into the
20 principal committee for the office sought unless those moneys
21 constitute a violation of the limitations imposed by this
22 Act, in which case those moneys shall be deposited into the
23 Public Election Fund or distributed to recognized charities.
24 A political committee organized by or in behalf of a
25 legislative leader shall be governed by Section 35 of this
26 Act.
27 (3) Receive a maximum contribution from his or her own
28 personal funds or from any family funds, or any combination
29 thereof, of $35,000 in the primary election cycle and $35,000
30 in the general election cycle.
31 (4) Receive a maximum contribution of $1,000 in the
32 primary election cycle and $1,000 in the general election
33 cycle from any individual, excluding any contribution from a
34 family member.
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1 (5) Receive a maximum contribution of $5,000 in the
2 primary election cycle and $5,000 in the general election
3 cycle from any corporation, trust, labor organization,
4 association, political committee (except as limited by items
5 (2) and (6) of this Section), any entity registered under the
6 Lobbyist Registration Act, or any other organization or
7 group of persons.
8 (6) Agree not accept or contribute moneys for his or her
9 principal campaign committee more than an amount equal to
10 the matching funds provided under this Act.
11 Section 25. Lieutenant Governor candidate. Candidates
12 for Lieutenant Governor who have been certified as the
13 nominee of a political party as the result of the primary
14 election or who are a qualified independent candidate for
15 that office as determined by the Board may maintain a
16 political committee the contributions to which shall be
17 subject to the limitations of items (2), (3), (4) and (5) of
18 Section 20 and to Section 55 of this Act.
19 Section 30. Legislative candidates. In addition to the
20 funds permitted to be received by the political committee for
21 candidates to the General Assembly under item (5) of Section
22 20, those candidates may receive a maximum $50,000
23 contribution for a contested primary election in the primary
24 election cycle and $50,000 for a contested general election
25 in the general election cycle from a political committee
26 formed by or on behalf of the President of the Senate, the
27 Minority Leader of the Senate, the Speaker of the House of
28 Representatives, or the Minority Leader of the House of
29 Representatives subject to the restrictions of Section 35.
30 Section 35. Legislative leaders. A caucus political
31 committee may be formed by or on behalf of the President of
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1 the Senate, the Minority Leader of the Senate, the Speaker of
2 the House of Representatives, or the Minority Leader of the
3 House of Representatives. That committee may be in addition
4 to any political committee that the legislative leader may
5 organize for the purposes of his or her own reelection, in
6 which case that political committee shall also be eligible
7 for matching funds subject to the conditions imposed by this
8 Act. A caucus political committee organized by or on behalf
9 of a legislative leader may be eligible for matching funds
10 from the Public Election Fund subject to the following
11 conditions:
12 (1) that only one caucus political committee may be
13 organized for the respective legislative leader for the
14 benefit of the caucus he or she represents as leader;
15 (2) that no contribution in excess of $10,000 may be
16 received in the primary election cycle and $10,000 in the
17 general election cycle from any corporation, trust, labor
18 organization, association, any entity registered under the
19 Lobbyist Registration Act, any political committee, or any
20 other organization or group of persons;
21 (3) that the caucus political committee may receive a
22 maximum contribution of $1,000 in the primary election cycle
23 and $1,000 in the general election cycle from any individual;
24 and
25 (d) that the legislative leader shall receive maximum
26 contribution from his or her own personal funds or from any
27 family funds, or any combination thereof, of $35,000 in the
28 primary election cycle and $35,000 for the general election
29 cycle.
30 Section 40. Matching funds; primary election cycle.
31 (a) The political committees of qualified candidates
32 and the caucus political committees of legislative leaders
33 shall be eligible for matching funds payable from the Public
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1 Election Fund by the State Board of Elections for the primary
2 election cycle. The Board shall not provide any matching
3 funds to a political committee if the primary election is not
4 contested for an office. Each qualified candidate and
5 eligible caucus political committee shall be paid in the
6 following amounts for the candidates listed below:
7 Office: Amount:
8 Governor $500,000
9 Lieutenant Governor $150,000
10 Attorney General $325,000
11 Secretary of State $325,000
12 Comptroller $250,000
13 Treasurer $250,000
14 Senator 125,000
15 Representative $62,500
16 Caucus Political Committee $500,000
17 (b) The Board shall notify the Comptroller to make the
18 distributions no later than 3 days after the candidate or
19 caucus political committee qualifies for matching funds. The
20 Comptroller shall make the distributions as soon as possible,
21 but in no event more than 5 days after notification from the
22 Board.
23 (c) If a political committee or caucus political
24 committee violates any condition of eligibility for matching
25 funds, the committee shall forfeit an amount twice the amount
26 of the violating contribution.
27 (d) Any amount of funds, whether matching funds or other
28 contributions, that remains upon the completion of the
29 primary election cycle may be retained for use in the general
30 election cycle. Any candidate who loses the primary
31 election, or who is no longer is a candidate in the primary
32 election, and the political committee for that candidate that
33 has a balance of funds remaining shall forward an amount
34 equal to the amount of matching funds distributed to the
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1 political committee in a pro-rated amount equal to the total
2 balance of funds held by the political committee to the Board
3 for deposit into the Public Election Fund.
4 (e) Any matching funds received under this Section by a
5 political committee shall subject to the spending
6 limitations imposed by Section 50.
7 Section 45. Matching funds; general election cycle.
8 (a) The political committees of qualified candidates and
9 the caucus political committees of legislative leaders shall
10 be eligible for matching funds payable from the Public
11 Election Fund by the State Board of Elections for the general
12 election cycle. The Board shall not provide any matching
13 funds for a general election for an office that is not
14 contested. Each qualified candidate and eligible caucus
15 political committee shall be paid in the following amounts
16 for the candidates listed below:
17 Office: Amount:
18 Governor $2,000,000
19 Attorney General $750,000
20 Secretary of State $750,000
21 Comptroller $325,000
22 Treasurer $325,000
23 Senator $250,000
24 Representative $125,000
25 Caucus Political Committee $500,000
26 (b) The Board shall notify the Comptroller to make the
27 distributions no later than 3 days after the candidate or
28 caucus political committee is certified by the Board. The
29 Comptroller shall make the distributions as soon as possible,
30 but no later than 5 days after notification from the Board.
31 (c) If a political committee or caucus political
32 committee violates any condition of eligibility for matching
33 funds, the committee shall forfeit an amount twice the amount
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1 of the violating contribution.
2 (d) Any amount of funds, whether matching funds or other
3 contributions, that remains upon the completion of the
4 general election cycle may be retained for the next primary
5 election cycle or used in accordance with the limitations of
6 Section 50. If the candidate withdraws as a candidate for
7 the office for which his or her political committee received
8 matching funds, or if the candidate dies or vacates the
9 office, the political committee shall forward an amount equal
10 to the amount of matching funds distributed to the political
11 committee in a pro-rated amount equal to the total balance
12 of funds held by the political committee to the Board for
13 deposit into the Public Election Fund.
14 Section 50. Spending limitations.
15 (a) The following expenditures of all funds held by a
16 political committee or a caucus political committee are
17 prohibited:
18 (1) for anything that is in violation of the laws
19 of the United States or the State of Illinois;
20 (2) that is clearly in excess of the fair market
21 value of the services, materials, facilities, or other
22 things of value received in exchange;
23 (3) for the satisfaction or repayment of any debts
24 other than loans made to the committee or repayment of
25 goods and services purchased under a credit agreement.
26 The repayments shall be made by check written to the
27 person who made the loan or credit agreement. The terms
28 and conditions of any loan or credit agreement shall be
29 in writing and shall detail the method of repayment. The
30 loan or agreement shall also state the interest rate,
31 which shall not exceed the prevailing market interest
32 rate at the time the agreement is executed;
33 (4) for clothing or laundry expenses, except
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1 clothing items rented by the candidate for his or her own
2 exclusive use for a specific campaign-related event;
3 committees may purchase costumes, novelty items, or other
4 accessories worn primarily to advertise the candidacy;
5 (5) for travel expenses of a candidate, public
6 official, committee officer, campaign worker, staff
7 member, or family member of any such person to or from a
8 destination outside the State of Illinois, including
9 room, board, and entertainment expenses incurred outside
10 the State of Illinois, unless the travel is necessary for
11 fulfillment of political or governmental duties;
12 (6) for membership or club dues charged by
13 organizations, clubs, or facilities that are primarily
14 engaged in providing health, exercise, or recreational
15 services; funds may be used to rent those clubs or
16 facilities for a specific campaign-related event;
17 (7) as payment for anything the expenditure of
18 which has been reimbursed by the State of Illinois or any
19 other person;
20 (8) for the purchase or installment payment for a
21 motor vehicle; a political committee may lease a motor
22 vehicle if it will be used primarily for campaign
23 purposes or for the performance of governmental duties; a
24 committee shall keep detailed records of the use of the
25 vehicle and shall not make use of the vehicle for
26 non-campaign or non-governmental purposes; persons using
27 vehicles not leased by a political committee may be
28 reimbursed for actual mileage for the use of the vehicle
29 for campaign purposes or for governmental duties; the
30 mileage rate shall not exceed the rate permitted business
31 expenses under the Internal Revenue Service Code; and
32 (9) for the purchase or lease of anything of value
33 owned by the candidate or by a corporation owned,
34 managed, or employing the candidate unless the item
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1 purchased or leased is at cost without profit to the
2 owner.
3 (b) A violation of this Section by a political committee
4 or a caucus political committee shall result in the
5 forfeiture of matching funds and shall be a business offense
6 with a fine in an amount equal to the amount of the
7 prohibited expenditure. Complaints of prohibited expenditures
8 may be investigated by the Board, by the Attorney General, or
9 by the State's Attorney of the county in which the alleged
10 offense has occurred.
11 Section 55. Prohibited activity. Any candidate, person,
12 political committee, or caucus political committee that
13 colludes, schemes, or collaborates to misuse, collect, or
14 improperly accept matching funds under this Act is guilty of
15 a Class A misdemeanor. Complaints of prohibited activity may
16 be investigated by the Board, by the Attorney General, or by
17 the State's Attorney of the county in which the alleged
18 offense has occurred.
19 Section 60. Adjustment of matching funds. The rate of
20 matching funds to be allocated to candidates in Sections 40
21 and 45 of this Act shall be proportionately adjusted each
22 year prior to May 1 for each office in a resolution adopted
23 by the Board based upon the Consumer Price Index. The
24 General Assembly may, by a joint resolution adopted by both
25 houses, proportionately reduce the increase for each office
26 as adopted by the Board.
27 Section 65. Private Donations. The Board may accept
28 donations from any person, corporation, trust, labor
29 organization, political committee, foundation, organization,
30 or any other association in any amount for deposit for into
31 the Public Election Fund. Any such donation may not be
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1 designated for any particular office or political party.
2 Section 70. Election Code. This Act is in addition to
3 any requirements imposed by the Election Code and shall not
4 supersede any requirements of the Election Code.
5 Section 75. Rules. The Board shall adopt rules under
6 the Administrative Procedure Act for administration of this
7 Act.
8 Section 990. The State Finance Act is amended by adding
9 Section 5.449 as follows:
10 (30 ILCS 105/5.449 new)
11 Sec. 5.449. The Public Election Fund.
12 Section 995. The Illinois Income Tax Act is amended by
13 changing Sections 509 and 510 and adding Section 507U as
14 follows:
15 (35 ILCS 5/507U new)
16 Sec. 507U. Public Election Fund. The Department shall
17 print on its standard individual income tax form a provision
18 indicating that if the taxpayer wishes to contribute to the
19 Public Election Fund, he or she may do so by stating the
20 amount of the contribution (not less than $1) on the return
21 and that the contribution will reduce the taxpayer's refund
22 or increase the amount of payment to accompany the return.
23 Failure to remit any amount of increased payment shall reduce
24 the contribution accordingly. This Section shall not apply
25 to any amended return.
26 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
27 Sec. 509. Tax checkoff explanations. All individual
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1 income tax return forms shall contain appropriate
2 explanations and spaces to enable the taxpayers to designate
3 contributions to the Child Abuse Prevention Fund, to the
4 Community Health Center Care Fund, to the Illinois Wildlife
5 Preservation Fund as required by the Illinois Non-Game
6 Wildlife Protection Act, to the Alzheimer's Disease Research
7 Fund as required by the Alzheimer's Disease Research Act, to
8 the Assistance to the Homeless Fund as required by this Act,
9 to the Heritage Preservation Fund as required by the Heritage
10 Preservation Act, to the Child Care Expansion Program Fund as
11 required by the Child Care Expansion Program Act, to the Ryan
12 White AIDS Victims Assistance Fund, to the Assistive
13 Technology for Persons with Disabilities Fund, to the
14 Domestic Violence Shelter and Service Fund, to the United
15 States Olympians Assistance Fund, to the Youth Drug Abuse
16 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
17 to the Literacy Advancement Fund, to the Ryan White Pediatric
18 and Adult AIDS Fund, to the Illinois Special Olympics
19 Checkoff Fund, to the Breast and Cervical Cancer Research
20 Fund, to the Korean War Memorial Fund, to the Heart Disease
21 Treatment and Prevention Fund, to the Hemophilia Treatment
22 Fund, to the Mental Health Research Fund, to the Children's
23 Cancer Fund, to the American Diabetes Association Fund, the
24 Women in Military Service Memorial Fund, to the Public
25 Election Fund, and to the Meals on Wheels Fund. Each form
26 shall contain a statement that the contributions will reduce
27 the taxpayer's refund or increase the amount of payment to
28 accompany the return. Failure to remit any amount of
29 increased payment shall reduce the contribution accordingly.
30 If, on October 1 of any year, the total contributions to
31 any one of the funds made under this Section do not equal
32 $100,000 or more, the explanations and spaces for designating
33 contributions to the fund shall be removed from the
34 individual income tax return forms for the following and all
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1 subsequent years and all subsequent contributions to the fund
2 shall be refunded to the taxpayer.
3 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
4 90-171, eff. 7-23-97.)
5 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
6 Sec. 510. Determination of amounts contributed. The
7 Department shall determine the total amount contributed to
8 each of the following: the Child Abuse Prevention Fund, the
9 Illinois Wildlife Preservation Fund, the Community Health
10 Center Care Fund, the Assistance to the Homeless Fund, the
11 Alzheimer's Disease Research Fund, the Heritage Preservation
12 Fund, the Child Care Expansion Program Fund, the Ryan White
13 AIDS Victims Assistance Fund, the Assistive Technology for
14 Persons with Disabilities Fund, the Domestic Violence Shelter
15 and Service Fund, the United States Olympians Assistance
16 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
17 Conflict Veterans Fund, the Literacy Advancement Fund, the
18 Ryan White Pediatric and Adult AIDS Fund, the Illinois
19 Special Olympics Checkoff Fund, the Breast and Cervical
20 Cancer Research Fund, the Korean War Memorial Fund, the Heart
21 Disease Treatment and Prevention Fund, the Hemophilia
22 Treatment Fund, the Mental Health Research Fund, the
23 Children's Cancer Fund, the American Diabetes Association
24 Fund, the Women in Military Service Memorial Fund, the Public
25 Election Fund, and the Meals on Wheels Fund; and shall notify
26 the State Comptroller and the State Treasurer of the amounts
27 to be transferred from the General Revenue Fund to each fund,
28 and upon receipt of such notification the State Treasurer and
29 Comptroller shall transfer the amounts.
30 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
31 90-171, eff. 7-23-97.)
32 Section 999. Effective Date. This Act takes effect
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1 January 1, 1999.