| |||||||
| |||||||
| |||||||
1 | AN ACT concerning elections.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 1. Short title. This Act may be referred to as the | ||||||
5 | Small Donor Democracy Matching System for Fair Elections Act. | ||||||
6 | Section 5. The Election Code is amended by changing Section | ||||||
7 | 9-25.1 and by adding Article 9A as follows:
| ||||||
8 | (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. | ||||||
9 | 46, pars. 102, 103 and 104)
| ||||||
10 | Sec. 9-25.1. Election interference.
| ||||||
11 | (a) As used in this Section, "public funds" means any funds | ||||||
12 | appropriated
by the Illinois General Assembly or by any | ||||||
13 | political subdivision of the
State of Illinois.
| ||||||
14 | (b) No public funds shall be used to urge any elector to | ||||||
15 | vote for or
against any candidate or proposition, or be | ||||||
16 | appropriated for political or
campaign purposes to any | ||||||
17 | candidate or political organization. This Section
shall not | ||||||
18 | prohibit the use of public funds for dissemination of factual
| ||||||
19 | information relative to any proposition appearing on an | ||||||
20 | election ballot,
or for dissemination of information and | ||||||
21 | arguments published and distributed
under law in connection | ||||||
22 | with a proposition to amend the Constitution
of the State of |
| |||||||
| |||||||
1 | Illinois. However, this Section does not apply to funds | ||||||
2 | expended in connection with the campaign contribution matching | ||||||
3 | program established in Article 9A of this Code or similar | ||||||
4 | systems of public financing for elections established by a home | ||||||
5 | rule unit of government.
| ||||||
6 | (c) The first time any person violates any provision of | ||||||
7 | this Section, that
person shall be guilty of a Class B | ||||||
8 | misdemeanor. Upon the second or any
subsequent violation of any | ||||||
9 | provision of this Section, the person violating
any provision | ||||||
10 | of this Section shall be guilty of a Class A misdemeanor.
| ||||||
11 | (Source: P.A. 87-1052.)
| ||||||
12 | (10 ILCS 5/Art. 9A heading new) | ||||||
13 | ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING | ||||||
14 | (10 ILCS 5/9A-5 new) | ||||||
15 | Sec. 9A-5. Legislative findings. The General Assembly | ||||||
16 | finds that the current campaign finance system: | ||||||
17 | (1) discourages many otherwise qualified candidates | ||||||
18 | from running for office because of the need to raise | ||||||
19 | substantial sums of money to be competitive and to enable | ||||||
20 | them to adequately get their message out to voters; | ||||||
21 | (2) forces candidates to raise larger and larger | ||||||
22 | percentages of money from interest groups that have a | ||||||
23 | specific financial stake in matters before state | ||||||
24 | government to keep pace with rapidly increasing campaign |
| |||||||
| |||||||
1 | costs; | ||||||
2 | (3) diminishes elected officials' accountability to | ||||||
3 | their constituents by compelling them to be | ||||||
4 | disproportionately accountable to the relatively small | ||||||
5 | group of contributors who finance their election | ||||||
6 | campaigns; | ||||||
7 | (4) diminishes the rights of all citizens to equal and | ||||||
8 | meaningful participation in the democratic process; | ||||||
9 | (5) disadvantages challengers, because campaign | ||||||
10 | contributors tend to give their money to incumbents, thus | ||||||
11 | causing elections to be less competitive; | ||||||
12 | (6) burdens candidates with the incessant rigors of | ||||||
13 | fundraising and thus decreases the time available to carry | ||||||
14 | out their public responsibilities; and | ||||||
15 | (7) necessitates the creation of a Fair Elections Small | ||||||
16 | Donor Matching System to address these concerns. | ||||||
17 | (10 ILCS 5/9A-10 new) | ||||||
18 | Sec. 9A-10. Scope. The program created under this Article | ||||||
19 | applies to candidates for the offices of Governor, Attorney | ||||||
20 | General, State Comptroller, State Treasurer, Secretary of | ||||||
21 | State, State Senator, and State Representative. Candidates for | ||||||
22 | these offices are eligible to participate in the matching funds | ||||||
23 | program established by this Article. | ||||||
24 | (10 ILCS 5/9A-15 new) |
| |||||||
| |||||||
1 | Sec. 9A-15. Definitions. As used in this Article: | ||||||
2 | "Board" means the Campaign Finance Board of the State Board | ||||||
3 | of Elections created under this Article. | ||||||
4 | "Candidate" means any person who seeks nomination for | ||||||
5 | election, election to, or retention in public office as a | ||||||
6 | Constitutional State Officer or a member of the Illinois Senate | ||||||
7 | or General Assembly. A person seeks nomination for election, | ||||||
8 | election, or retention if he or she (1) takes the action | ||||||
9 | necessary under the laws of this State to attempt to qualify | ||||||
10 | for nomination for election, election to, or retention in | ||||||
11 | public office or (2) receives contributions or makes | ||||||
12 | expenditures, or gives consent for any other person to receive | ||||||
13 | contributions or make expenditures with a view to bringing | ||||||
14 | about his or her nomination for election or election to or | ||||||
15 | retention in public office. | ||||||
16 | "Contribution" has the meaning ascribed to it in Section | ||||||
17 | 9-1.4 of this Code, but does not include anything deemed an | ||||||
18 | independent expenditure under this Article. | ||||||
19 | "Coordination" means an expenditure made in cooperation, | ||||||
20 | consultation, or concert with or at the request or suggestion | ||||||
21 | of a candidate, an authorized committee of a candidate, a | ||||||
22 | political committee of a political party, or agents of the | ||||||
23 | candidate or candidate political committee, or any payment for | ||||||
24 | any communication which republishes, disseminates, or | ||||||
25 | distributes, in whole or in part, any broadcast or any written, | ||||||
26 | graphic, or other form of campaign material prepared by the |
| |||||||
| |||||||
1 | candidate or his or her candidate political committee or their | ||||||
2 | agents. | ||||||
3 | "Election cycle" means the time beginning on the January 1 | ||||||
4 | following a general election and ending on the December 31 | ||||||
5 | following the next general election. | ||||||
6 | "Expenditure" means: | ||||||
7 | (1) a payment, distribution, purchase, loan, advance, | ||||||
8 | deposit, gift of money, or anything of value, in connection | ||||||
9 | with the nomination for election, election, or retention of | ||||||
10 | any person to or in public office or in connection with any | ||||||
11 | question of public policy; or | ||||||
12 | (2) a payment, distribution, purchase, loan, advance, | ||||||
13 | deposit, gift of money, or anything of value that | ||||||
14 | constitutes an electioneering communication made in | ||||||
15 | concert or cooperation with or at the request, suggestion, | ||||||
16 | or knowledge of a candidate, a political committee, or any | ||||||
17 | of their agents; or a transfer of funds by a political | ||||||
18 | committee to another political committee. | ||||||
19 | However, "expenditure" does not include: | ||||||
20 | (A) the use of real or personal property and the cost | ||||||
21 | of invitations, food, and beverages, voluntarily provided | ||||||
22 | by an individual in rendering voluntary personal services | ||||||
23 | on the individual's residential premises for | ||||||
24 | candidate-related activities; provided the value of the | ||||||
25 | service provided does not exceed an aggregate of $150 in a | ||||||
26 | reporting period as the Board may further define; or |
| |||||||
| |||||||
1 | (B) sale of any food or beverage by a vendor for use in | ||||||
2 | a candidate's campaign at a charge less than the normal | ||||||
3 | comparable charge, if such charge for use in a candidate's | ||||||
4 | campaign is at least equal to the cost of such food or | ||||||
5 | beverage to the vendor. | ||||||
6 | "Fund" means the Small Donor Democracy Matching Fund | ||||||
7 | established under this Article. | ||||||
8 | "Immediate family" means a person's parents, siblings, | ||||||
9 | spouse, and children. | ||||||
10 | "Independent expenditure" means an expenditure by anyone, | ||||||
11 | including, but not limited to, any individual, corporation, | ||||||
12 | partnership, political action committee, association, or | ||||||
13 | party, that would otherwise constitute a contribution or | ||||||
14 | expenditure under this Article, but that is made without any | ||||||
15 | cooperation, consultation, or agreement with any political | ||||||
16 | candidate. | ||||||
17 | "Initial qualifying contribution" means a qualified | ||||||
18 | contribution used for the purpose of determining whether a | ||||||
19 | candidate has raised the minimum number of contributions to | ||||||
20 | participate in the small donor matching funds system under this | ||||||
21 | Article. | ||||||
22 | "Matching funds" means funds paid to a participating | ||||||
23 | candidate under this Article. | ||||||
24 | "Matching funds program" means the campaign donation | ||||||
25 | matching funds program created under this Article. | ||||||
26 | "Nomination period" means the period specified under this |
| |||||||
| |||||||
1 | Code during which candidates must submit nomination papers for | ||||||
2 | any of the State offices covered by this Article. | ||||||
3 | "Non-participating candidate" means any candidate who is | ||||||
4 | not a participating candidate, including any candidate who has | ||||||
5 | not qualified for matching funds or who has elected not to | ||||||
6 | participate in the matching funds program. | ||||||
7 | "Participating candidate" means a candidate who qualifies | ||||||
8 | for matching funds under this Article and opts to participate | ||||||
9 | in the matching funds program created under this Article. | ||||||
10 | "Qualified contribution" means a monetary contribution not | ||||||
11 | less than $25 and not greater than the initial $150 of any | ||||||
12 | contribution made by a qualified contributor. | ||||||
13 | "Qualified contributor" means a natural person resident in | ||||||
14 | the State who will be eligible to vote within the current | ||||||
15 | election cycle other than the candidate, members of the | ||||||
16 | candidate's immediate family, and any political action | ||||||
17 | committee controlled by the candidate. | ||||||
18 | "Qualifying period" means the period beginning the day | ||||||
19 | after the date of the most recent general election for the | ||||||
20 | specific office or seat that a candidate is seeking and ending | ||||||
21 | on the day prior to the election (whether primary or general | ||||||
22 | election) for which the matching funds are sought. | ||||||
23 | (10 ILCS 5/9A-20 new) | ||||||
24 | Sec. 9A-20. Small Donor Democracy Matching Fund. | ||||||
25 | (a) There is created a Small Donor Democracy Matching Fund |
| |||||||
| |||||||
1 | as a special fund in the State treasury. The Fund is | ||||||
2 | established for the purposes of: | ||||||
3 | (1) providing public financing for the election | ||||||
4 | campaigns of participating candidates under this Article; | ||||||
5 | and | ||||||
6 | (2) paying for the administrative and enforcement | ||||||
7 | costs of the Board related to the matching funds program | ||||||
8 | created by this Article. | ||||||
9 | (b) The General Assembly may annually appropriate either $1 | ||||||
10 | per resident of this State or one-twentieth of 1% of the | ||||||
11 | State's annual budget, whichever is greater, to the Fund. The | ||||||
12 | General Assembly shall appropriate no more than $50,000,000 to | ||||||
13 | the Fund in any election cycle. | ||||||
14 | (c) Other revenue that shall be deposited into the Fund | ||||||
15 | includes: | ||||||
16 | (1) any funds returned by any participating candidate | ||||||
17 | that remain unspent by a participating candidate following | ||||||
18 | the date of the election for which they were distributed, | ||||||
19 | in accordance with subsection (c) of Section 9A-55 of this | ||||||
20 | Code; | ||||||
21 | (2) fines levied by the Board or courts against | ||||||
22 | candidates for violations of this Code, except as otherwise | ||||||
23 | provided by this Code; and | ||||||
24 | (3) voluntary donations made directly to the Fund. | ||||||
25 | (10 ILCS 5/9A-25 new) |
| |||||||
| |||||||
1 | Sec. 9A-25. Eligibility for matching funds. | ||||||
2 | (a) To be eligible to be certified as a participating | ||||||
3 | candidate, a candidate must: | ||||||
4 | (1) during the qualifying period for the election | ||||||
5 | involved, choose to participate in the matching funds | ||||||
6 | program by filing with the Board a written application for | ||||||
7 | certification as a participating candidate in such form as | ||||||
8 | may be prescribed by the Board, containing the identity of | ||||||
9 | the participating candidate, the office that the | ||||||
10 | participating candidate seeks, and the participating | ||||||
11 | candidate's signature, under penalty of perjury, | ||||||
12 | certifying that: | ||||||
13 | (A) the participating candidate has complied since | ||||||
14 | the last election or the effective date of this | ||||||
15 | amendatory Act of the 100th General Assembly, | ||||||
16 | whichever is most recent, and will continue to comply, | ||||||
17 | with the restrictions of this Article during the | ||||||
18 | applicable election cycle; a candidate who has | ||||||
19 | accepted impermissible contributions prior to filing | ||||||
20 | to participate in this program shall return any such | ||||||
21 | impermissible contributions prior to filing to | ||||||
22 | participate in this matching funds program to the | ||||||
23 | extent practical, as determined by the Board in adopted | ||||||
24 | rules; | ||||||
25 | (B) the participating candidate's campaign | ||||||
26 | committee has filed all campaign finance reports |
| |||||||
| |||||||
1 | required by law during the applicable election cycle to | ||||||
2 | date and that they are complete and accurate; | ||||||
3 | (2) sign a participating candidate contract signifying | ||||||
4 | the candidate's prior compliance and continuing commitment | ||||||
5 | to comply with the requirements of this Article, to comply | ||||||
6 | with the contribution limits set forth in this Article and | ||||||
7 | in that contract, and to comply with any other requirements | ||||||
8 | set forth in that contract; | ||||||
9 | (3) meet all requirements of applicable law to be | ||||||
10 | listed on the ballot; and | ||||||
11 | (4) before the close of the qualifying period, collect | ||||||
12 | at least the following number of initial qualifying | ||||||
13 | contributions for the office in question: | ||||||
14 | (A) 1,000 qualified contributions for candidates | ||||||
15 | for Governor; | ||||||
16 | (B) 500 qualified contributions for candidates for | ||||||
17 | Lieutenant Governor, Attorney General, State | ||||||
18 | Comptroller, State Treasurer, and Secretary of State; | ||||||
19 | (C) 200 qualified contributions for candidates for | ||||||
20 | State Senator; and | ||||||
21 | (D) 100 qualified contributions for candidates for | ||||||
22 | State Representative; | ||||||
23 | each initial qualifying contribution shall: | ||||||
24 | (i) have the initial qualified contributor's | ||||||
25 | signature, or an electronic equivalent for any | ||||||
26 | donations received on-line, signifying that the |
| |||||||
| |||||||
1 | initial qualified contributor understands that the | ||||||
2 | purpose of the initial qualifying contribution is | ||||||
3 | to help the candidate qualify for the matching | ||||||
4 | funds program and that the contribution is made | ||||||
5 | without coercion or reimbursement; and | ||||||
6 | (ii) be acknowledged by a written receipt, or | ||||||
7 | the electronic equivalent for any donation | ||||||
8 | received on-line, to the initial qualified | ||||||
9 | contributor, with a copy retained by the | ||||||
10 | candidate; the receipt shall include the initial | ||||||
11 | qualified contributor's signature, printed name, | ||||||
12 | home address, and telephone number, if any, and the | ||||||
13 | name of the candidate on whose behalf the | ||||||
14 | contribution is made. | ||||||
15 | A contribution for which a candidate has not obtained a | ||||||
16 | signed and fully completed receipt, or its electronic | ||||||
17 | equivalent, shall not be counted as an initial qualifying | ||||||
18 | contribution for the purpose of satisfying this | ||||||
19 | qualification requirement. | ||||||
20 | (b) In addition to the requirements of subsection (a) of | ||||||
21 | this Section, in order for a candidate for Governor or | ||||||
22 | Lieutenant Governor to be eligible to be certified as a | ||||||
23 | participating candidate, the other member of the team of | ||||||
24 | candidates for the offices of Governor and Lieutenant Governor | ||||||
25 | must also be a participating candidate. | ||||||
26 | (c) To remain eligible to continue to receive matching |
| |||||||
| |||||||
1 | funds under this Article, a candidate must: | ||||||
2 | (1) maintain records of all contributions, receipts, | ||||||
3 | and expenditures as required by the Board; | ||||||
4 | (2) obtain and furnish to the Board any information it | ||||||
5 | may request relating to his or her campaign expenditures, | ||||||
6 | contributions, and qualified contributions and furnish any | ||||||
7 | documentation and other proof of compliance with this | ||||||
8 | Article as may be requested by the Board; and | ||||||
9 | (3) remain in compliance with the requirements set | ||||||
10 | forth in this Article. | ||||||
11 | (d) At the earliest practicable time after a candidate | ||||||
12 | files a written application for certification as a | ||||||
13 | participating candidate with the Board, in no event exceeding | ||||||
14 | 10 business days, the Board shall certify in writing that the | ||||||
15 | candidate is or is not eligible. Eligibility may be revoked if | ||||||
16 | the Board determines, after appropriate due process, that a | ||||||
17 | candidate has committed a substantial violation of the | ||||||
18 | requirements of this Article, in which case all matching funds | ||||||
19 | granted to the candidate shall be repaid to the Fund. A | ||||||
20 | determination shall be made by the Board after an appropriate | ||||||
21 | hearing, affording due process to the aggrieved party, under | ||||||
22 | rules to be adopted by the Board that further define what | ||||||
23 | constitutes a "substantial violation" and that set forth the | ||||||
24 | procedures to be followed in connection with any such hearing. | ||||||
25 | (10 ILCS 5/9A-30 new) |
| |||||||
| |||||||
1 | Sec. 9A-30. Matching funds payments. | ||||||
2 | (a) A candidate who is certified as a participating | ||||||
3 | candidate shall receive payment of matching funds equal to 6 | ||||||
4 | times the amount of qualified contributions received by the | ||||||
5 | participating candidate during the election cycle with respect | ||||||
6 | to a single election subject to the aggregate limit on the | ||||||
7 | total amount of matching funds payments to a participating | ||||||
8 | candidate specified in subsection (b) of this Section, unless | ||||||
9 | the candidate has no opposition on the ballot. Unopposed | ||||||
10 | candidates shall not be eligible to receive matching funds | ||||||
11 | unless and until they cease to be unopposed; however, any | ||||||
12 | candidate that had already received matching funds under this | ||||||
13 | Article prior to becoming unopposed shall be entitled to retain | ||||||
14 | those funds and spend those funds in accordance with Section | ||||||
15 | 9A-50 of this Code. | ||||||
16 | (b) Subject to the requirements of subsection (a) of | ||||||
17 | Section 9A-40 of this Code, the aggregate amount of matching | ||||||
18 | funds payments that may be made to a participating candidate | ||||||
19 | during an election cycle may not exceed the following: | ||||||
20 | (1) $5,000,000 for candidates for Governor; | ||||||
21 | (2) $1,000,000 for candidates for Lieutenant Governor, | ||||||
22 | Attorney General, State Comptroller, State Treasurer, and | ||||||
23 | Secretary of State; | ||||||
24 | (3) $300,000 for candidates for State Senator; and | ||||||
25 | (4) $150,000 for candidates for State Representative. | ||||||
26 | (c) A participating candidate's application for matching |
| |||||||
| |||||||
1 | funds, including an initial request submitted with an | ||||||
2 | application for certification as a participating candidate, | ||||||
3 | shall be made using a form prescribed by the Board and shall be | ||||||
4 | accompanied as necessary by initial qualifying contribution | ||||||
5 | receipts and any other information the Board requires by rule. | ||||||
6 | This application shall be accompanied by a signed statement | ||||||
7 | from the participating candidate indicating that all | ||||||
8 | information on the initial qualifying contribution receipts is | ||||||
9 | complete and accurate to the best of the participating | ||||||
10 | candidate's knowledge. The Board shall verify that a | ||||||
11 | participating candidate's qualified contributions meet all of | ||||||
12 | the requirements and limitations of this Article prior to the | ||||||
13 | disbursement of matching funds to the participating candidate. | ||||||
14 | (d) The Board shall make an initial payment of the matching | ||||||
15 | funds within 10 business days of the Board's certification of a | ||||||
16 | participating candidate's eligibility in accordance with the | ||||||
17 | provisions of this Article, or as soon thereafter as is | ||||||
18 | practicable. | ||||||
19 | (e) The Board shall establish a schedule for the submission | ||||||
20 | of matching funds payment requests, permitting a participating | ||||||
21 | candidate to submit a matching funds payment request at least | ||||||
22 | once per month, in accordance with a schedule established by | ||||||
23 | the Board. | ||||||
24 | (f) In the event that 90% of the existing Fund has been | ||||||
25 | distributed, the Board shall give notice within 24 hours to all | ||||||
26 | candidates that only 10% of the Fund remains. Thereafter, the |
| |||||||
| |||||||
1 | Board shall make no further matching funds payments until after | ||||||
2 | election day and it shall only pay any requests submitted after | ||||||
3 | notice has been distributed under this subsection (f) | ||||||
4 | proportionally, spread over all candidates and requests | ||||||
5 | equally, in a manner to be determined in greater detail | ||||||
6 | pursuant to rules adopted by the Board. | ||||||
7 | (10 ILCS 5/9A-35 new) | ||||||
8 | Sec. 9A-35. Limits on contributions. | ||||||
9 | (a) Subject to the requirements of subsection (a) of | ||||||
10 | Section 9A-40 of this Code, no candidate shall accept, directly | ||||||
11 | or indirectly, any contribution (or combination of | ||||||
12 | contributions) from the same person, corporation, partnership, | ||||||
13 | political party, political action committee, or other legal | ||||||
14 | entity in excess of $500. However, if a candidate in the | ||||||
15 | participating candidate's race exceeds the self-funding | ||||||
16 | thresholds established in subsection (h) of Section 9-8.5 of | ||||||
17 | this Code for that race, the limitation under this subsection | ||||||
18 | (a) is increased to $2,500. | ||||||
19 | (b) No participating candidate shall accept any | ||||||
20 | contribution (or combination of contributions) from any | ||||||
21 | person, corporation, partnership, or other legal entity who | ||||||
22 | lobbies members of the State executive or legislative branches, | ||||||
23 | within the meaning of the Lobbyist Registration Act, or does | ||||||
24 | business with the State. No participating candidate shall | ||||||
25 | encourage, support, cooperate, or coordinate with any |
| |||||||
| |||||||
1 | independent expenditure committee or any individual engaging | ||||||
2 | in independent expenditures, whether in support of the | ||||||
3 | candidate or in opposition to the candidate's opponent. The | ||||||
4 | Board may adopt additional rules defining who constitutes a | ||||||
5 | "lobbyist" and who is deemed to be "doing business" with the | ||||||
6 | State within the meaning of this Article. | ||||||
7 | (c) No participating candidate shall make expenditures | ||||||
8 | from or use his or her own personal funds or the personal funds | ||||||
9 | or property held jointly with members of his or her immediate | ||||||
10 | family in connection with his or her nomination for election or | ||||||
11 | election, except as a contribution to his or her political | ||||||
12 | committee in an amount that does not exceed 10 times the | ||||||
13 | maximum contribution applicable under subsection (a) of this | ||||||
14 | Section. No participating candidate shall make expenditures | ||||||
15 | from or use other personal funds or property of his or her | ||||||
16 | immediate family in furtherance of his or her own campaign. | ||||||
17 | (10 ILCS 5/9A-40 new) | ||||||
18 | Sec. 9A-40. Adjustment. | ||||||
19 | (a) The Board shall revise the limits on contributions and | ||||||
20 | on overall contributions at least one year prior to the next | ||||||
21 | general primary election. The Board shall adjust them by an | ||||||
22 | amount equal to the change in the Consumer Price Index for all | ||||||
23 | Urban Consumers for all items published by the United States | ||||||
24 | Department of Labor for the 12-month calendar year preceding | ||||||
25 | readjustment. Amounts shall be rounded to the nearest $10. The |
| |||||||
| |||||||
1 | revised overall limits shall be published no later than one | ||||||
2 | year prior to the date of the next general primary election. | ||||||
3 | (b) The General Assembly shall review the amounts and | ||||||
4 | numbers of required initial qualifying contributions, the | ||||||
5 | ratio of matching funds, the additional limits on | ||||||
6 | contributions, and the limits on overall contributions in the | ||||||
7 | 6-month period following each general election to determine if | ||||||
8 | they shall stay the same, after any adjustment for inflation | ||||||
9 | under subsection (a) of this Section, or be increased for the | ||||||
10 | next general primary election and general election. | ||||||
11 | (c) If the General Assembly determines that any of the | ||||||
12 | figures specified in subsection (b) of this Section should | ||||||
13 | change, then any proposed change, other than an adjustment for | ||||||
14 | inflation under subsection (a) of this Section, shall be | ||||||
15 | adopted for the next general election by a majority vote of | ||||||
16 | each chamber of the General Assembly and shall also be | ||||||
17 | submitted to the voters via a binding referendum for | ||||||
18 | ratification at the next consolidated election for approval or | ||||||
19 | rejection with respect to any future general elections. | ||||||
20 | (10 ILCS 5/9A-45 new) | ||||||
21 | Sec. 9A-45. Campaign accounts for participating | ||||||
22 | candidates. During an election cycle, each participating | ||||||
23 | candidate shall conduct all campaign financial activities | ||||||
24 | through a single political action committee, consistent with | ||||||
25 | subsection (b) of Section 9-2 of this Code, and shall comply |
| |||||||
| |||||||
1 | with any additional recordkeeping requirements imposed under | ||||||
2 | this Article by the Board. | ||||||
3 | (10 ILCS 5/9A-50 new) | ||||||
4 | Sec. 9A-50. Expenditures of matching funds. | ||||||
5 | (a) A participating candidate shall use matching funds only | ||||||
6 | for direct campaign purposes. The Board may further define the | ||||||
7 | phrase "direct campaign purposes" by rule. | ||||||
8 | (b) Neither a participating candidate nor anyone acting on | ||||||
9 | his or her behalf shall use matching funds for: | ||||||
10 | (1) costs of legal defense in any campaign law | ||||||
11 | enforcement proceeding; | ||||||
12 | (2) indirect campaign purposes, including, but not | ||||||
13 | limited to: | ||||||
14 | (A) the participating candidate's personal support | ||||||
15 | or compensation to the participating candidate or the | ||||||
16 | participating candidate's immediate family; | ||||||
17 | (B) clothing, haircuts, and other items related to | ||||||
18 | the participating candidate's personal appearance; | ||||||
19 | (C) a contribution or loan to the campaign | ||||||
20 | committee of another candidate, a party committee, or | ||||||
21 | other political committee; | ||||||
22 | (D) an independent expenditure; | ||||||
23 | (E) automobile purchases, tuition payments, or | ||||||
24 | childcare costs; | ||||||
25 | (F) dues, fees, or gratuities at a country club, |
| |||||||
| |||||||
1 | health club, recreational facility, or other | ||||||
2 | nonpolitical organization unless part of a specific | ||||||
3 | fundraising event that takes place on the | ||||||
4 | organization's premises; | ||||||
5 | (G) admission to a sporting event, theater, | ||||||
6 | concert, or other entertainment event not part of a | ||||||
7 | specific campaign activity; or | ||||||
8 | (H) gifts, except for brochures, buttons, signs, | ||||||
9 | and other campaign materials and token gifts valued at | ||||||
10 | not more than $50 that are for the purpose of | ||||||
11 | expressing gratitude, condolences, or congratulations. | ||||||
12 | (10 ILCS 5/9A-55 new) | ||||||
13 | Sec. 9A-55. Disclosure requirements and procedures; return | ||||||
14 | of funds. | ||||||
15 | (a) Each participating candidate shall file reports of | ||||||
16 | contribution receipts and of expenditures of matching funds and | ||||||
17 | other campaign funds at such times and in such manners as the | ||||||
18 | Board may prescribe by rule, including, but not limited to, | ||||||
19 | reports containing information necessary to verify that the | ||||||
20 | qualified contributions received by participating candidates | ||||||
21 | and that the matching funds spent by participating candidates | ||||||
22 | comply with the restrictions and requirements of this Article. | ||||||
23 | (b) The Board by rule shall adopt procedures for auditing | ||||||
24 | any reports filed with it as well as related reports filed with | ||||||
25 | the State Board of Elections and issuing a public report |
| |||||||
| |||||||
1 | summarizing the election results, the campaign expenditures | ||||||
2 | made in connection with offices covered by this Article, and | ||||||
3 | the level and amount of matching funds provided to each | ||||||
4 | campaign. | ||||||
5 | (c) Within 90 days after the consolidated or general | ||||||
6 | election, every participating candidate who received matching | ||||||
7 | funds under this Article shall repay the Fund any unused | ||||||
8 | matching funds, calculated as follows: any unused campaign | ||||||
9 | funds shall be multiplied by a ratio consisting of the total | ||||||
10 | amount of matching funds received by the campaign in the | ||||||
11 | numerator and the total amount of campaign funds raised by the | ||||||
12 | campaign in the denominator. The amount of any repayment under | ||||||
13 | this subsection (c) shall not exceed the total amount of | ||||||
14 | matching funds paid to the campaign. | ||||||
15 | (10 ILCS 5/9A-60 new) | ||||||
16 | Sec. 9A-60. Joint campaign contributions and expenditures. | ||||||
17 | Where multiple candidates are otherwise permitted under State | ||||||
18 | law to engage in joint efforts to raise campaign contributions | ||||||
19 | or in joint campaign expenditures, any contribution received at | ||||||
20 | a joint fundraising event and any joint campaign expenditures | ||||||
21 | shall be appropriately allocated among the participating | ||||||
22 | candidates in a reasonable manner to be agreed upon by those | ||||||
23 | candidates participating in the activity. The Board may review | ||||||
24 | the reasonableness of any allocation under this Section. |
| |||||||
| |||||||
1 | (10 ILCS 5/9A-65 new) | ||||||
2 | Sec. 9A-65. Application of contribution and expenditure | ||||||
3 | limitations to certain political activities. Nothing in this | ||||||
4 | Article shall be construed to restrict candidates or their | ||||||
5 | agents from making appearances at events sponsored or paid for | ||||||
6 | by persons, political committees, or other entities that are | ||||||
7 | not in any way affiliated with the candidate or any agent of | ||||||
8 | the candidate. The costs of these events shall not be | ||||||
9 | considered contributions to or expenditures by the candidate | ||||||
10 | for purposes of this Article simply because the candidate or | ||||||
11 | agent appears at such an event. However, this provision does | ||||||
12 | not apply to events at which contributions are solicited on | ||||||
13 | behalf of the participating candidate. | ||||||
14 | (10 ILCS 5/9A-70 new) | ||||||
15 | Sec. 9A-70. Campaign Finance Board; general powers and | ||||||
16 | duties. | ||||||
17 | (a) A Campaign Finance Board is created within the State | ||||||
18 | Board of Elections, consisting of 5 members appointed by the | ||||||
19 | Governor with the approval of a majority of both the House of | ||||||
20 | Representatives and the Senate. Each party or caucus | ||||||
21 | represented in the General Assembly shall have at least one | ||||||
22 | member on the Board. However, the Chairperson of the Board | ||||||
23 | shall not be affiliated with any political party. The initial | ||||||
24 | appointments required under this subsection (a) shall be made | ||||||
25 | within 6 months of the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 100th General Assembly, and their terms shall commence on | ||||||
2 | the January 1 following appointment. The terms of office for | ||||||
3 | the initial appointees shall be, except for the Chairperson, | ||||||
4 | determined by lot as follows: | ||||||
5 | (1) one member shall serve a term of one year; | ||||||
6 | (2) one member shall serve a term of 2 years; | ||||||
7 | (3) one member shall serve a term of 3 years; | ||||||
8 | (4) one member shall serve a term of 4 years; and | ||||||
9 | (5) the initial Chairperson shall serve a term of 5 | ||||||
10 | years. | ||||||
11 | Thereafter, each member shall be appointed for a term of 5 | ||||||
12 | years, according to the original manner of appointment. In the | ||||||
13 | case of a vacancy in the office of a member, a member shall be | ||||||
14 | selected to serve the remainder of the unexpired term in the | ||||||
15 | same manner the vacating member was selected. Members shall | ||||||
16 | serve no more than 3 consecutive terms. No member of the Board | ||||||
17 | may be removed from office except for cause, after notice and a | ||||||
18 | hearing by the Senate. | ||||||
19 | (b) To be eligible to serve as a member of the Board, an | ||||||
20 | individual must meet all of the following qualifications | ||||||
21 | throughout the period of his or her service: | ||||||
22 | (1) the member must be a resident of Illinois, eligible | ||||||
23 | and registered to vote; | ||||||
24 | (2) the member must agree that he or she and any | ||||||
25 | members of his or her immediate family will not make any | ||||||
26 | contributions to any candidate for any of the offices |
| |||||||
| |||||||
1 | eligible to receive matching funds during his or her term | ||||||
2 | of service; | ||||||
3 | (3) the member must agree not to (i) serve as an | ||||||
4 | officer of a political party or (ii) be a candidate or | ||||||
5 | participate in any capacity in a campaign by a candidate | ||||||
6 | for any of the offices eligible to receive public matching | ||||||
7 | funds under this Article during his or her term of service; | ||||||
8 | (4) the member may not otherwise be an officer or | ||||||
9 | employee of the State, nor a lobbyist engaged in lobbying | ||||||
10 | any elected officials of the State; and | ||||||
11 | (5) the member must agree to undergo training under the | ||||||
12 | supervision of the Chairperson of the Board. | ||||||
13 | (c) Subject to appropriations, the members of the Board | ||||||
14 | shall be compensated at a rate specified by law while | ||||||
15 | performing the work of the Board. | ||||||
16 | (d) The Board may employ necessary staff, including | ||||||
17 | attorneys and accountants, and may utilize the services of | ||||||
18 | employees of the State Board of Elections to assist the Board | ||||||
19 | in carrying out its duties. Subject to appropriations, the | ||||||
20 | total budget for the Board's operations shall not be less than | ||||||
21 | .01% of the overall State budget. | ||||||
22 | (e) The Board shall have the authority to adopt rules and | ||||||
23 | provide forms as it deems necessary to administer the matching | ||||||
24 | funds system created by this Article. The Board shall adopt | ||||||
25 | rules concerning the form in which contributions and | ||||||
26 | expenditures are to be reported, the periods during which such |
| |||||||
| |||||||
1 | reports must be filed, the measures for auditing and reporting | ||||||
2 | on campaign contributions and expenditures, and the | ||||||
3 | verification required. | ||||||
4 | (f) The Board shall have the power to investigate all | ||||||
5 | matters relating to the performance of its functions and any | ||||||
6 | other matter relating to the proper administration of this | ||||||
7 | Article. It shall have the power to require the attendance of | ||||||
8 | witnesses, to examine and take testimony under oath of any | ||||||
9 | persons as it shall deem necessary, and to require the | ||||||
10 | production of books, accounts, papers, and any other relevant | ||||||
11 | evidence relative to such investigation. | ||||||
12 | (g) The Board shall develop a program for informing | ||||||
13 | candidates and the public about the small donor matching funds | ||||||
14 | system created by this Article. The Board may prepare and make | ||||||
15 | available educational materials, including compliance manuals | ||||||
16 | and summaries of the relevant provisions of this program. The | ||||||
17 | Board shall prepare and make available materials including, to | ||||||
18 | the extent feasible, computer software, to facilitate the task | ||||||
19 | of compliance with the disclosure and recordkeeping | ||||||
20 | requirements under this Article. | ||||||
21 | (h) The Board shall have the power to render advisory | ||||||
22 | opinions with respect to questions arising under this Article. | ||||||
23 | These opinions may be requested in writing by any candidate, | ||||||
24 | political committee, or member of the general public. The Board | ||||||
25 | shall adopt rules regarding submissions and responses to such | ||||||
26 | requests, including response times. The Board shall make public |
| |||||||
| |||||||
1 | its response to any such requests, as well as to any other | ||||||
2 | formal rulings or interpretations it makes, including by | ||||||
3 | posting them on its website, if practicable. | ||||||
4 | (i) The Board shall have the authority to implement any | ||||||
5 | system established for the regulation of inauguration and | ||||||
6 | transition donations and expenditures, including any related | ||||||
7 | penalties. It shall also have the authority to adopt and | ||||||
8 | implement a system for handling the transition from the | ||||||
9 | existing campaign finance system and any pre-existing | ||||||
10 | political committees and contributions to the small donor | ||||||
11 | matching funds system implemented by this Article. | ||||||
12 | (j) The Board may take such other actions as are necessary | ||||||
13 | and proper to carry out its functions and the purposes of | ||||||
14 | adoption of a small donor matching funds system. The specific | ||||||
15 | grants of power under this Section do not constitute and shall | ||||||
16 | not be construed as limitations on the other proper and | ||||||
17 | necessary powers of the Board. | ||||||
18 | (k) All final administrative decisions under this Article | ||||||
19 | are subject to judicial review under the Administrative Review | ||||||
20 | Law and its rules. | ||||||
21 | (10 ILCS 5/9A-75 new) | ||||||
22 | Sec. 9A-75. Public campaign financing program penalties. | ||||||
23 | (a) If a participating candidate knowingly accepts or | ||||||
24 | spends matching funds in violation of this Article, then the | ||||||
25 | candidate shall repay to the Fund a civil fine in an amount |
| |||||||
| |||||||
1 | equal to twice the value of the funding unlawfully accepted or | ||||||
2 | spent. | ||||||
3 | (b) The Board shall, after a hearing affording the | ||||||
4 | aggrieved party due process, have the authority to impose the | ||||||
5 | fine created by this Section, to order repayment of | ||||||
6 | overpayments that were not knowingly received, and to take any | ||||||
7 | other appropriate action, pursuant to any additional rules | ||||||
8 | concerning such hearings as the Board shall adopt. | ||||||
9 | (c) Any member of the public, as well as the Board on its | ||||||
10 | own initiative, shall have standing to file a complaint with | ||||||
11 | the Board alleging a violation of this Article. In the event a | ||||||
12 | complaint is filed by an opposing candidate, or in coordination | ||||||
13 | with an opposing candidate's campaign, the Board shall have the | ||||||
14 | option of awarding costs and attorneys' fees in the event the | ||||||
15 | complaint is found to have been lacking a reasonable basis. | ||||||
16 | (d) The Board shall adopt appropriate rules guaranteeing | ||||||
17 | notice and due process to anyone accused of violating this | ||||||
18 | Article and setting forth the process the Board will follow in | ||||||
19 | investigating and adjudicating any such complaint. | ||||||
20 | Section 10. The State Finance Act is amended by adding | ||||||
21 | Section 5.878 as follows: | ||||||
22 | (30 ILCS 105/5.878 new) | ||||||
23 | Sec. 5.878. The Small Donor Democracy Matching Fund. |
| |||||||
| |||||||
1 | Section 97. Severability. The provisions of this Act are | ||||||
2 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|