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92_SB1578 LRB9212751BDdv 1 AN ACT concerning campaign finance. 2 WHEREAS, Our legal system is based on the principle that 3 an independent, fair, and competent judiciary will interpret 4 and apply the laws that govern us; the role of the judiciary 5 is central to American concepts of justice and the rule of 6 law; and 7 WHEREAS, A system of public financing would alleviate the 8 perception that money influences judges; this concern goes to 9 the heart of our judicial system; the public is most offended 10 by the thought that judges are bought or that their decisions 11 are influenced by money; and 12 WHEREAS, There is a need for more qualified and diverse 13 judicial candidates to run for the office of Judge of the 14 Supreme Court; the viability of candidates should be based on 15 their qualifications for office; therefore 16 Be it enacted by the People of the State of Illinois, 17 represented in the General Assembly: 18 Section 1. Short title. This Act may be cited as the 19 Public Financing for Judicial Campaigns Act. 20 Section 5. Definitions. In this Act: 21 "Allowable contribution" means a qualifying contribution, 22 a seed money contribution, or a personal contribution 23 authorized by this Act. 24 "Candidate" means any person seeking election to or 25 retention in the office of Judge of the Illinois Supreme 26 Court. 27 "Campaign" includes the primary election campaign period 28 and the election campaign period. 29 "Election campaign period" means the period beginning on 30 the day after the the general primary election and ends on -2- LRB9212751BDdv 1 the day of the general election. 2 "Eligible candidate" means a candidate for the office of 3 Judge of the Supreme Court who qualifies for public 4 financing by collecting the required number of qualifying 5 contributions, making all required reports and disclosures, 6 and being certified by the State Board as being in compliance 7 with this Act. 8 "Excess expenditure amount" means the amount of 9 expenditures made by a non-participating candidate in excess 10 of the public financing benefit available to an eligible 11 candidate for the same office that the non-participating 12 candidate seeks. 13 "Excess qualifying contribution amount" means the amount 14 of qualifying contributions accepted by a candidate beyond 15 the number or dollar amount of contributions required to 16 qualify a candidate for a public financing benefit. 17 "Exploratory period" means the period that begins after 18 the date of a general election and ends on the first day of 19 the public financing qualifying period for the next election 20 for Judges to the Supreme Court. 21 "Fair election debit card" means a debit card issued by 22 the State treasurer in accordance with Section 65 entitling a 23 candidate and agents of the candidate designated by the 24 candidate to draw money from an account maintained by the 25 State Treasurer to make expenditures authorized by law. 26 "Immediate family", when used with reference to a 27 candidate, includes the candidate's spouses, parents, and 28 children. 29 "Independent expenditure" means a expenditure by a person 30 expressly advocating the election or defeat of a clearly 31 identified candidate that is made without cooperation or 32 consultation with a candidate, or any political committee or 33 agent of a candidate, and that is not made in concert with, 34 or at the request or suggestion of, any candidate or any -3- LRB9212751BDdv 1 political committee or agent of a candidate. 2 "Mass mailing" means a district-wide or statewide mailing 3 of newsletters, pamphlets, brochures, or other similar items 4 of more than 100 pieces in which the content of the matter 5 mailed is substantially identical. "Mass mailing" does not 6 include a mailing made in direct response to communications 7 from persons to whom the matter is mailed, a mailing to a 8 federal, State, or local government official, or a news 9 release to communications media. 10 "Non-participating candidate" means a candidate for the 11 office of Judge of the Supreme Court who does not apply for a 12 public financing benefit or who otherwise is ineligible or 13 fails to qualify for a public financing benefit under this 14 Act. 15 "Personal funds" means funds contributed by a candidate 16 or a member of a candidate's immediate family. 17 "Primary election campaign period" means the period 18 beginning 30 days after the last day prescribed by law for 19 filing nomination papers or a declaration of candidacy for 20 the office of Judge of the Supreme Court and ending on the 21 day of the general primary election. 22 "Public financing qualifying period" means the period 23 beginning on the first day of July of an odd-numbered year 24 and ending on the day before the beginning of the primary 25 election campaign period for the office of Judge of the 26 Supreme Court. 27 "Qualifying contribution" means a contribution between $5 28 and $25 made to a candidate made by a resident of the 29 district in which the candidate seeks office during the 30 public financing qualifying period that is acknowledged by 31 written receipt identifying the contributor. 32 "Seed money contribution" means a contribution in an 33 amount of not more than $100 made to a candidate for the 34 office of Judge of the Supreme Court during the exploratory -4- LRB9212751BDdv 1 period or the public financing qualifying period or a 2 contribution made to a candidate consisting of personal funds 3 of that candidate in an amount not more than the amount 4 authorized under Section 30 during the exploratory period or 5 the public financing qualifying period. 6 "State Board" means the State Board of Elections. 7 Section 10. Qualification; certification. 8 (a) Before a candidate for nomination for election to 9 the office of Judge of the Supreme Court in the general 10 primary election may be certified as an eligible candidate to 11 receive a public financing benefit for the primary election 12 campaign period, the candidate must apply to the State Board 13 for a public financing benefit and file a sworn statement 14 that the candidate has complied and will comply with all 15 requirements of this Act throughout the applicable campaign, 16 including the general primary election and the general 17 election. A candidate must file the application and statement 18 no later than the beginning of the primary election campaign 19 period for the office of Judge of the Supreme Court. 20 (b) A candidate shall be certified by the State Board as 21 an eligible candidate for receipt of public financing for a 22 primary election if the candidate complies with subsection 23 (a) and receives at least 500 qualifying contributions before 24 the close of the public financing qualifying period. 25 (c) The State Board must verify a candidate's compliance 26 with the requirements of subsection (b) by any verification 27 and sampling techniques that the State Board considers 28 appropriate. 29 (d) Each candidate must: 30 (1) Acknowledge each qualifying contribution by a 31 receipt to the contributor that contains the 32 contributor's name and home address. 33 (2) No later than the 15th or the last day of the -5- LRB9212751BDdv 1 month that in which the contribution was received, 2 whichever comes first, file a copy of the receipt with 3 the State Board, except that during July, August, and 4 September a copy need only be filed on the last day of 5 the month. 6 (e) A qualifying contribution may be used only for the 7 purpose of making a expenditure authorized by law. 8 Section 15. Time of application; general election. 9 (a) Before a candidate may be certified as eligible for 10 receipt of public financing for a general election, the 11 candidate must apply to the State Board and file a sworn 12 statement that the candidate has fulfilled all the 13 requirements of this Act during the primary election campaign 14 period and will comply with the requirements of this Act 15 during the election campaign period. The application must be 16 filed no later than the 7th day after the date of the general 17 primary election. 18 (b) The State Board must certify a candidate as an 19 eligible candidate for receipt of public financing for a 20 general election if the candidate complies with subsection 21 (a) and the candidate was an eligible candidate during the 22 primary election campaign period. 23 Section 20. Agreement by candidate. An eligible candidate 24 who accepts a public financing benefit under this Act during 25 the primary election campaign period must agree to comply 26 with all requirements of this Act throughout the election 27 campaign period as a precondition to receipt of public 28 financing. An eligible candidate who accepts a public 29 financing benefit during a primary election campaign period 30 may not elect to accept private contributions in violation of 31 this Act during the corresponding election campaign period. -6- LRB9212751BDdv 1 Section 25. Requirements imposed upon eligible 2 candidates. 3 (a) An eligible candidate may not accept private 4 contributions other than seed money contributions and 5 qualifying contributions that the candidate accepts during 6 the exploratory period and the public financing qualifying 7 period. 8 (b) In addition to reports required to be filed under 9 the Election Code, a candidate who receives a public 10 financing benefit must furnish complete financial records, 11 including records of seed money contributions, qualifying 12 contributions, and expenditures, to the State Board on the 13 15th or the last day of the month in which the contribution 14 was received or the expenditure made, whichever comes first, 15 except that during July, August, and September records need 16 only be furnished on the last day of the month. 17 (c) In addition to adhering to requirements imposed 18 under the Election Code, a candidate who receives a public 19 financing benefit must maintain records of all contributions 20 of at least $5 and not more than $100, including seed money 21 contributions and qualifying contributions, that contain the 22 full name of the contributor and the contributor's full home 23 address. In addition, if a contributor's aggregate 24 contributions to any candidate exceed $500 for any campaign, 25 the candidate must also maintain a record of the 26 contributor's principal occupation and the name and business 27 address of the contributor's place of employment. 28 (d) The failure to record or provide the information 29 specified in subsection (c) disqualifies a contribution from 30 counting as a qualifying contribution. 31 (e) No eligible candidate and no person acting on a 32 candidate's behalf may deposit any contribution that is not 33 recorded in accordance with subsection (c) in a candidate's 34 campaign account. -7- LRB9212751BDdv 1 (f) No eligible candidate may accept more than $25 in 2 cash from any contributor and no eligible candidate may 3 accept cash for seed money from any sources in a total amount 4 greater than one-tenth of 1% of the public financing benefit 5 for the office of Judge of the Supreme Court or $500, 6 whichever is greater. 7 Section 30. Personal funds of candidates. 8 (a) The personal funds of an eligible candidate 9 contributed as seed money contributions may not exceed an 10 aggregate amount of $10,000. This includes funds from the 11 candidate's immediate family. 12 (b) No eligible candidate may make any expenditure 13 derived from personal funds after the close of the public 14 financing qualifying period. 15 Section 35. Seed money contributions. 16 (a) An eligible candidate may accept seed money 17 contributions from any individual or political committee 18 before the end of the public financing qualifying period, 19 provided the total contributions from one contributor, except 20 personal funds and qualifying contributions otherwise 21 permitted under this Act, do not exceed $100 and the 22 aggregate contributions, including personal funds but not 23 including qualifying contributions, do not exceed $10,000. 24 (b) An eligible candidate may make expenditures from 25 seed money contributions only during the exploratory period 26 and the public financing qualifying period. 27 Section 40. Excess contributions. If an eligible 28 candidate receives excess seed money contributions or 29 qualifying contributions on an aggregate basis, the candidate 30 may retain the contributions and make expenditures derived 31 from the contributions in an amount not exceeding $15,000. An -8- LRB9212751BDdv 1 amount equivalent to the excess contributions must be 2 deducted by the State Board from the candidate's public 3 financing benefit. A candidate must return to the State Board 4 all seed money and qualifying contributions that exceed the 5 limits prescribed in this Section within 48 hours after the 6 end of the exploratory period. A candidate must also return 7 to the State Board any seed money and qualifying 8 contributions that have not been encumbered or expended by 9 the beginning of the primary election campaign period. The 10 State Board must deposit all contributions returned under 11 this Section into the Democracy Trust Fund. 12 Section 45. Certification by candidate; line of credit. 13 (a) To apply for a public financing benefit, a candidate 14 must certify to the State Board that the candidate has 15 complied and will comply, throughout the applicable campaign, 16 with all requirements of this Act and that all disclosures 17 required at the time of application have been made. The 18 candidate must present evidence of the requisite number of 19 qualifying contributions received by the candidate. The 20 candidate's request for certification must be signed by the 21 candidate and the treasurer of the candidate's political 22 committee. 23 (b) The State Board must distribute to each eligible 24 candidate at the general primary election a line of credit 25 for public financing promptly after the candidate 26 demonstrates his or her eligibility and, in any event, not 27 later than 5 days after the end of the public financing 28 qualifying period; provided, however, that no candidate may 29 use a line of credit distributed under this subsection until 30 the beginning of the primary election campaign period. 31 (c) The State Board must distribute to each eligible 32 candidate for Judge of the Supreme Court in the general 33 election a line of credit for public financing not later than -9- LRB9212751BDdv 1 48 hours after the date of the general primary election for 2 the office of Judge of the Supreme Court. No candidate for 3 Judge of the Supreme Court may receive a line of credit until 4 all candidates for Judge of the Supreme Court who apply and 5 qualify for a public financing benefit have been certified as 6 eligible candidates. 7 (d) If any candidate who receives a public financing 8 benefit violates the requirements of this Act, the candidate 9 will be subject to the penalties and enforcement outlined in 10 Section 70. The State Board must deposit all repayments 11 received under this subsection into the Democracy Trust Fund. 12 Section 50. Public financing benefits. 13 (a) The State Board must provide to each eligible 14 candidate who qualifies to receive a public financing benefit 15 for the primary or election campaign period separate lines of 16 credit for the primary and election campaign periods in the 17 amounts specified in this Section subject to any required 18 adjustment under Section 40, 55, 60, or 80. An eligible 19 candidate may use this credit to finance any lawful 20 expenditures during the primary and election campaign 21 periods. An eligible candidate may not use this credit to 22 repay any loan or in violation of this Act or any other 23 applicable law. 24 (b) The public financing benefit for the primary and 25 general election cycle will be $750,000. 26 (c) The allocation of the public financing benefit, 27 between the primary and general election, will be at the 28 discretion of the eligible candidate. 29 (d) An eligible candidate in an election in which there 30 are no other candidates, other than write-in candidates, who 31 have received contributions of more than $1,000 in the 32 aggregate as of the day preceding the beginning of the 33 primary election campaign period for the election in which -10- LRB9212751BDdv 1 the eligible candidate seeks office must receive a line of 2 credit in an amount equal to 25% of the public financing 3 benefit for the primary election campaign period, beginning 4 one year prior to the primary election and ending on the date 5 of the primary election. 6 (e) An eligible candidate in a general election in which 7 there are no other candidates whose names appear on the 8 ballot must receive a line of credit in an amount equal to 9 25% of the public financing benefit for the election campaign 10 period, beginning the day after the primary election and 11 ending 90 days after the general election. 12 (f) Notwithstanding subsections (b) and (c), beginning 13 on April 1, 2002 and every 2 years thereafter, the State 14 Board must modify the public financing benefits provided for 15 in subsection (b) and (c) to adjust for the change in the 16 Consumer Price Index, All Items, U. S. City Average, 17 published by the United States Department of Labor for the 18 preceding 2-year period ending on December 31. 19 Section 55. Financial activity by non-participating 20 candidates. 21 (a) In addition to other reports required by law, a 22 non-participating candidate for the office of Judge of the 23 Supreme Court at the general primary election or the general 24 election who receives contributions or makes or obligates to 25 make expenditures in an amount more than 5% greater than the 26 public financing benefit applicable to an eligible candidate 27 for the same office at the same general primary election or 28 general election must file a report with the State Board 29 itemizing the total contributions received and expenditures 30 made or obligated to be made by the candidate as of the date 31 of the report. The State Board must transmit copies of the 32 report to all candidates for the office of Judge of the 33 Supreme Court at the same election. A non-participating -11- LRB9212751BDdv 1 candidate must file additional reports after the candidate 2 receives each additional $1,000 of contributions or the 3 candidate makes or obligates to make each additional $1,000 4 of expenditures. If the contributions are received or the 5 expenditures are made or obligated to be made more than 6 6 weeks before the date of the general primary election or 7 general election at which the name of the candidate appears 8 on the ballot the reports must be made at the next regular 9 reporting interval under Section 25. If the contributions 10 are received or the expenditures made or obligated to be made 11 within 6 weeks before the date of the general primary 12 election, or general election at which the name of the 13 candidate appears on the ballot the reports must be made 14 within 24 hours after each instance in which the 15 contributions are received or the expenditures are made or 16 obligated to be made. 17 (b) Upon receipt of the information, the State Board 18 must immediately credit an opposing eligible candidate's 19 account with an additional amount equivalent to the total 20 excess expenditures made or obligated to be made, but not to 21 exceed 3 times the public financing benefit, for the 22 applicable office. 23 Section 60. Independent expenditures. 24 (a) If any person makes, or becomes obligated to make, 25 by oral or written agreement an independent expenditure in 26 excess of $1,000 with respect to a candidate for the office 27 of Judge of the Supreme Court at a general primary or general 28 election, that person must file with the State Board a notice 29 of such expenditure or obligation to make such a expenditure. 30 Any such person must file reports of the expenditures or 31 obligations to make the expenditures on the 15th or last day 32 of the month that immediately follows the date of the 33 expenditure or the obligation to make the expenditure, -12- LRB9212751BDdv 1 whichever comes first, except that, within 6 weeks before the 2 date of the general primary election or general election, the 3 person must file the reports within 24 hours after each 4 independent expenditure is made or obligated to be made. Any 5 such person must file additional reports after each 6 additional $1,000 of expenditures are made or obligated to be 7 made. 8 (b) When the aggregate independent expenditures against 9 an eligible candidate for an office or for the opponents of 10 that candidate exceed 20% of the public financing benefit for 11 that office in any campaign, the State Board must immediately 12 credit that candidate's account with an additional line of 13 credit equivalent to the total expenditures made or obligated 14 to be made, but not to exceed 3 times the public financing 15 benefit, for the applicable office. 16 Section 65. Democracy Trust Fund. 17 (a) All moneys collected under Sections 40, 45, and 70 18 of this Act shall be deposited into the Democracy Trust Fund, 19 a special fund created in the State treasury, and, subject to 20 appropriation may be used by the State Board of Elections for 21 the purposes of this Act. The State Treasurer, in 22 consultation with the State Board, must contract with a 23 debit card issuer to permit eligible candidates and their 24 agents to draw upon moneys appropriated from the Fund through 25 an account with the card issuer. 26 (b) Upon a determination of a candidate's eligibility 27 for a public financing benefit as provided for in subsection 28 (a) of Section 45, the State Treasurer must issue to the 29 eligible candidate a debit card, known as the fair election 30 debit card, entitling the candidate and agents of the 31 candidate designated by the candidate to draw money from an 32 account to make expenditures on behalf of the candidate. 33 (c) No eligible candidate or agent of an eligible -13- LRB9212751BDdv 1 candidate may make any expenditure by any other means other 2 than through the use of the fair election debit card. No such 3 candidate or agent may use a fair election debit card to 4 obtain cash, except that cash amounts of $100 or less may be 5 drawn on the Democracy Trust Fund debit card and used to make 6 expenditures of no more than $25. A candidate must maintain 7 records of all such expenditures and must report the 8 expenditures to the State Board in accordance with Section 9 25. 10 Section 70. Penalties; enforcement. 11 (a) If an eligible candidate makes expenditures that 12 exceed the public financing benefit allocated to the 13 candidate for any campaign, the candidate may be required to 14 forfeit to the Democracy Trust Fund an amount equal to not 15 more than 10 times the amount by which the expenditures 16 exceeded the allocation. 17 (b) Any eligible candidate who accepts contributions in 18 excess of any limitation imposed under this Act may be 19 required to forfeit to the Democracy Trust Fund an amount 20 equal to not more than 10 times the amount by which the 21 contributions exceed the applicable limitation. 22 (c) If the State Board finds that there is reasonable 23 cause to believe that a candidate has made excess 24 expenditures or has accepted excess contributions in 25 violation of the Act, the State Board must attempt for a 26 period of not more than 14 days after its finding to correct 27 the matter by informal methods of conference and conciliation 28 and to enter into a settlement and conciliation agreement 29 with the candidate involved. A settlement and conciliation 30 agreement made under this subsection is public record. Unless 31 violated, a settlement and conciliation agreement is a bar to 32 any civil action under subsection (d). 33 (d) If the State Board has reasonable cause to believe -14- LRB9212751BDdv 1 that a candidate has made excess expenditures or has accepted 2 excess contributions and the State Board is unable to correct 3 the matter by informal methods within the time prescribed in 4 subsection (c), the State Board must make a public finding of 5 reasonable cause in the matter. After making a public 6 finding, the State Board may bring an action in the circuit 7 court for Sangamon County to impose a forfeiture under 8 subsection (a) or (b). 9 (e) If an elector believes that a candidate has violated 10 this Act and the elector is entitled to vote for or against 11 the candidate in the election in connection with which the 12 violation is alleged to occur, the elector may file a 13 complaint with the State Board requesting it to take remedial 14 action. If the State Board refuses to take remedial action 15 or, within 30 days after the filing of a complaint, fails to 16 take remedial action, the elector may commence a civil action 17 in the appropriate circuit court under subsection (d) 18 requesting the court to impose a forfeiture under subsection 19 (a) or (b). 20 (f) The State Board and the circuit court must expedite 21 all proceedings under this Section so that all complaints 22 brought prior to an election are resolved, to the extent 23 possible, before the election is held. 24 (g) If a complaint brought under this Section is 25 resolved against the complainant and is found to have been 26 brought in bad faith and without reasonable basis therefor, 27 the circuit court may assess costs, including reasonable 28 attorney fees, against the complainant. 29 Section 75. Prohibited acts. 30 (a) If a candidate or agent of a candidate knowingly 31 accepts more contributions than the candidate is entitled to 32 receive, or makes expenditures exceeding the amount of the 33 public financing benefit received by the candidate, the -15- LRB9212751BDdv 1 candidate or agent is guilty of a Class 3 felony. 2 (b) If a candidate who receives a public financing 3 benefit, or an agent of that a candidate, knowingly makes a 4 expenditure by means other than through use of the fair 5 election debit card, except as permitted under subsection (c) 6 of Section 65, the candidate or agent is guilty of a Class 3 7 felony. 8 (c) If, in connection with the receipt or expenditure of 9 a public financing benefit for an election campaign, any 10 person knowingly provides false information to the State 11 Board, or knowingly conceals or withholds information from 12 the State Board, that person is guilty of a Class 3 felony. 13 Section 80. Mass mailings. 14 (a) No person may conduct any mass mailing using State 15 moneys on behalf of any person who is a candidate for the 16 office of Judge of the Supreme Court at the general election 17 during the period of one year prior to an election, in which 18 the candidate participates, and 90 days after the last 19 election, in which the candidate participated. 20 (b) If any person uses State moneys to conduct a mass 21 mailing on behalf of any person who is a candidate for the 22 office of Judge of the Supreme Court at general election 23 during the period one year prior to an election, in which the 24 candidate participates, and 90 days after the last election, 25 in which the candidate participated, the State Board may 26 immediately credit the accounts of all other eligible 27 candidates for Judge of the Supreme Court with an additional 28 line of credit equal to the cost of printing and mailing of 29 that mass mailing. The additional line of credit may be used 30 solely to fund a mailing promoting the candidacy of the 31 candidate who receives the credit. 32 (c) A candidate for Judge of the Supreme Court at the 33 general election who plans to use State moneys for a mass -16- LRB9212751BDdv 1 mailing must notify the State Board in writing of his or her 2 intent to do so no later than December 1 preceding the 3 general election and must complete the mailing no later than 4 the following May 31. 5 (d) All mass mailings funded by the State on behalf of 6 any person who is a candidate for Judge of the Supreme Court 7 at the general election during the period between December 1 8 and May 31 preceding that election and all mass mailings 9 authorized under subsection (b) must be issue oriented and 10 nonpolitical, may not mention any of a candidate's opponents 11 by name, and must be reviewed and approved by the State Board 12 for compliance with the requirements of this Section in 13 advance of the mailing. 14 (e) Except as permitted under subsection (b), no State 15 moneys may be used by any incumbent individual holding the 16 office of Judge of the Supreme Court to conduct a mass 17 mailing on behalf of a candidate for that office at the 18 general election after May 31 preceding that election. 19 Section 85. Contributions to non-participating 20 candidates; attributions. A non-participating candidate may 21 accept contributions from private sources in amounts no 22 greater than $1,000 in the aggregate, during the prescribed 23 campaign periods. 24 Section 90. The Department of Revenue shall transfer to 25 the Democracy Trust Fund any funds contributed to the 26 Democracy Trust Fund collected pursuant to Section 910. 27 Section 95. Attorneys-at-law contribution. The Supreme 28 Court may, in its discretion, require attorneys, licensed to 29 practice in Illinois, to make monetary contributions to the 30 Democracy Trust Fund. -17- LRB9212751BDdv 1 Section 100. Fee; filings in civil court. The amount of 2 $1 shall be allocated to the Democracy Trust Fund from each 3 civil case filed in State Court and for each appearance fee. 4 The allocation shall be applicable only to civil cases in 5 which the amount of money or damages or personal property 6 claimed exceeds $10,000. 7 Section 105. Voluntary contributions. Individuals and 8 other entities may make direct voluntary contributions to the 9 Democracy Trust Fund. However, contributions may not exceed 10 $1,000 per calendar year. 11 Section 110. General Revenue Fund. If the funding sources 12 outlined in Sections 90, 100, 105, and 110 are insufficient 13 to fund all of the participating candidates, an amount 14 necessary to make the Fund solvent shall be transferred from 15 the General Revenue Fund by the State Treasurer to the 16 Democracy Trust Fund. 17 Section 115. Severability. The provisions of this Act are 18 severable. If any provision of this Act is held invalid by a 19 court of competent jurisdiction, the invalidity does not 20 affect other provisions of the Act that can be given effect 21 without the invalid provision. 22 Section 905. The State Finance Act is amended by adding 23 Section 5.570 as follows: 24 (30 ILCS 105/5.570 new) 25 Sec. 5.570. The Democracy Trust Fund. 26 Section 910. The Illinois Income Tax Act is amended by 27 adding Section 506.7 as follows: -18- LRB9212751BDdv 1 (35 ILCS 5/506.7 new) 2 Sec. 506.7. Designation of tax to Illinois Democracy 3 Trust Fund. 4 (a) An amount of $1 from the income taxes paid each year 5 by each individual with an income tax liability of at least 6 $1 shall be allocated to the Democracy Trust Fund established 7 under Section 65 of the Public Financing for Judicial 8 Campaigns Act, unless that taxpayer indicates an objection to 9 the allocation on the income tax return in the manner 10 described un subsection (b). In the case of a married couple 11 filing a joint return, each individual shall have the option 12 of objecting to the allocation. The Department shall deposit 13 amounts allocated under this subsection (a) to the Fund into 14 the Fund on a quarterly basis. 15 (b) Individual income tax returns shall include a place 16 for the designation of $1 to the Democracy Trust Fund with 3 17 options given to the taxpayer: "For", "Against", and "No 18 Opinion", and the following statement: "One dollar will 19 support the Democracy Trust Fund, unless you fill in the 20 circle labeled "Against". Your tax remains the same 21 regardless of which circle you choose." A paid preparer of 22 tax returns shall not choose one of the 3 options for a 23 taxpayer without the taxpayer's consent. 24 (c) Individual income tax returns shall include in the 25 instructions an explanatory statement for the designation 26 described in subsection (b) which shall read: "To enhance the 27 impartiality and integrity of the court system in the State, 28 the Democracy Trust Fund provides campaign money to 29 candidates for the Illinois Supreme Court who voluntarily 30 accept strict campaign spending and fundraising limits. The 31 Fund may also help finance educational materials about the 32 role of the Supreme Court and the candidates seeking election 33 for that office. One dollar from the taxes you pay will go to 34 the Fund unless you fill in the circle marked "Against". -19- LRB9212751BDdv 1 Regardless of what choice you make, your tax will not 2 increase, nor will any refund you are entitled to be 3 reduced." The exact wording of this statement or the 4 statement specified in subsection (b) may be modified if the 5 new wording does not change the statement's essential meaning 6 and is approved by the State Board of Elections. 7 Section 915. The Clerks of Courts Act is amended by 8 changing Section 29 as follows: 9 (705 ILCS 105/29) 10 Sec. 29. Salary; disposition of fees; expenditures. The 11 ordinary and contingent expenses of operating the Office of 12 the Clerk of the Supreme Court, including salaries, shall be 13 determined by the Supreme Court and paid from the State 14 treasury on the warrant of the Comptroller out of 15 appropriations made for that purpose by the General Assembly. 16 The amount of $1 collected from each filing fee and 17 appearance fee for civil cases in which the amount of money 18 or damages or the value of personal property claimed exceeds 19 $10,000, shall be paid in to the Democracy Trust Fund. 20 All other fees and costs paid to or received by the Clerk 21 of the Supreme Court shall be paid into the State Treasury. 22 (Source: P.A. 89-233, eff. 1-1-96.) 23 Section 999. Effective date. This Act takes effect upon 24 becoming law.