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91_HB1776eng HB1776 Engrossed LRB9102472MWmbA 1 AN ACT concerning campaign financing. 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 cited as the 5 Clean Election Act. 6 Section 5. Legislative findings. It is hereby declared 7 to be in the public interest and to be the policy of this 8 State that primary and general election campaigns for 9 constitutional offices shall be partially financed by public 10 support under the provisions of this Act. It is the 11 intention of this Act that the financing be sufficient so 12 that candidates for election to constitutional offices may 13 conduct their campaigns free from the predominance of special 14 interest influence and so that persons of limited financial 15 means may seek election to office. 16 Section 10. Definitions. As used in this Act, unless 17 the context clearly indicates otherwise: 18 "Act" means this Act. 19 "Board" means the State Board of Elections. 20 "Candidate" means any individual who seeks nomination for 21 election, or election, to the Office of Governor, Lieutenant 22 Governor, Attorney General, Treasurer, Secretary of State, or 23 Comptroller, whether or not the individual is elected. An 24 individual seeks nomination for election, or election, if he 25 or she (1) takes the action necessary under the laws of this 26 State to attempt to qualify for nomination for election, or 27 election, to the Office of Governor, Lieutenant Governor, 28 Attorney General, Treasurer, Secretary of State, or 29 Comptroller or (2) receives contributions or makes 30 expenditures, or gives consent for another individual or HB1776 Engrossed -2- LRB9102472MWmbA 1 political committee to receive contributions or make 2 expenditures with a view to bring about the individual's 3 nomination for election, or election, to office. 4 "Consumer Price Index" means the consumer price index as 5 defined and officially reported by the United States Bureau 6 of Labor Statistics or its successor agency. 7 "Contribution" means: 8 (1) a gift, subscription, donation, dues, loan, 9 deposit of money, or anything of value, that is knowingly 10 given or received in connection with the nomination or 11 election of any individual to the Office of Governor, 12 Lieutenant Governor, Attorney General, Treasurer, 13 Secretary of State, or Comptroller; 14 (2) the purchase of tickets for fundraising events, 15 including but not limited to, dinners, luncheons, 16 cocktail parties, shows, and rallies; 17 (3) the payment by any individual, other than by a 18 candidate or his or her principal campaign committee, of 19 compensation for the personal services of another 20 individual that are rendered without charge to the 21 candidate; 22 (4) a transfer of funds between political 23 committees; or 24 (5) a donation, gift, purchase of tickets, 25 assumption of credit, or anything of value knowingly 26 given or received in connection with the repayment of any 27 candidate's campaign debt. 28 "Contribution" shall not include services provided 29 without compensation by individuals volunteering a portion or 30 all of their time on behalf of any candidate or candidates. 31 "Expenditure" means any payments made, or debts and 32 obligations incurred, by a candidate, a pair of candidates, 33 or a principal campaign committee in connection with the 34 election of any individuals to the Offices of Governor, HB1776 Engrossed -3- LRB9102472MWmbA 1 Lieutenant Governor, Attorney General, Treasurer, Secretary 2 of State, or Comptroller. 3 "Family" means the spouse, father, mother, father-in-law, 4 mother-in-law, children, or siblings of any candidate. 5 "General election" means the election at which the 6 Governor, Lieutenant Governor, Attorney General, Treasurer, 7 Secretary of State, or Comptroller is elected. For the 8 purposes of this Act, the "general election" includes that 9 period beginning with the day after the primary election and 10 concludes July 1 of the year after the general election. 11 "Primary election" means the primary election at which 12 nominees to the Offices of Governor, Lieutenant Governor, 13 Attorney General, Treasurer, Secretary of State, or 14 Comptroller are elected. For the purposes of this Act, the 15 "primary election" includes that period beginning with July 1 16 of the year after the general election and leading up to and 17 including the date of the next primary election. 18 "Political committee" means political committee as 19 defined in Section 9-1.9 of the Election Code. 20 "Political party" means political party as defined in 21 Section 7-2 of the Election Code. 22 "Principal campaign committee" means the committee 23 designated by a candidate to the Offices of Governor, 24 Lieutenant Governor, Attorney General, Treasurer, Secretary 25 of State, or Comptroller as the committee authorized to 26 receive contributions, make expenditures, and receive public 27 funds under this Act. 28 "Public matching funds" means any moneys disbursed under 29 Section 60 of this Act. 30 "Eligible Governor candidate" means: 31 (1) any candidate of any political party whose name 32 has been certified by the Board to appear on the official 33 primary ballot for the Office of Governor and whose 34 principal campaign committee has received contributions HB1776 Engrossed -4- LRB9102472MWmbA 1 in amounts of $1,000 or less, totalling $200,000 as 2 adjusted by Section 25, as documented by reports filed 3 with the Board; or 4 (2) any candidate who has been nominated by primary 5 under Article 7 of the Election Code or any candidate who 6 has filed valid nomination papers under Article 10 of the 7 Election Code for the Office of Governor and whose 8 principal campaign committee has received contributions 9 in amounts of $1,000 or less, totalling $200,000 as 10 adjusted by Section 25, as documented by reports filed 11 with the Board. 12 "Eligible Lieutenant Governor candidate" means: 13 (1) any candidate of any political party whose name 14 has been certified by the Board to appear on the official 15 primary ballot for the Office of Lieutenant Governor and 16 whose principal campaign committee has received 17 contributions in amounts of $1,000 or less, totalling 18 $10,000 as adjusted by Section 25, as documented by 19 reports filed with the Board; or 20 (2) any Lieutenant Governor candidate who has been 21 nominated by primary under Article 7 of the Election Code 22 to run a joint election campaign with the nominated 23 candidate for Governor of each political party or any 24 candidate running independently. 25 "Eligible Attorney General candidate" means: 26 (1) any candidate of any political party whose name 27 has been certified by the Board to appear on the official 28 primary ballot for the Office of Attorney General and 29 whose principal campaign committee has received 30 contributions in amounts of $1,000 or less, totalling 31 $50,000 as adjusted by Section 25, as documented by 32 reports filed with the Board; or 33 (2) any candidate who has been nominated by primary 34 under Article 7 of the Election Code or any candidate who HB1776 Engrossed -5- LRB9102472MWmbA 1 has filed valid nomination papers under Article 10 of the 2 Election Code for the Office of Attorney General and 3 whose principal campaign committee has received 4 contributions in amounts of $1,000 or less, totalling 5 $50,000 as adjusted by Section 25, as documented by 6 reports filed with the Board. 7 "Eligible Secretary of State candidate" means: 8 (1) any candidate of any political party whose name 9 has been certified by the Board to appear on the official 10 primary ballot for the Office of Secretary of State and 11 whose principal campaign committee has received 12 contributions in amounts of $1,000 or less, totalling 13 $50,000 as adjusted by Section 25, as documented by 14 reports filed with the Board; or 15 (2) any candidate who has been nominated by primary 16 under Article 7 of the Election Code or any candidate who 17 has filed valid nomination papers under Article 10 of the 18 Election Code for the Office of Secretary of State and 19 whose principal campaign committee has received 20 contributions in amounts of $1,000 or less, totalling 21 $50,000 as adjusted by Section 25, as documented by 22 reports filed with the Board. 23 "Eligible Treasurer candidate" means: 24 (1) any candidate of any political party whose name 25 has been certified by the Board to appear on the official 26 primary ballot for the Office of Treasurer and whose 27 principal campaign committee has received contributions 28 in amounts of $1,000 or less, totaling $50,000 as 29 adjusted by Section 25, as documented by reports filed 30 with the Board; or 31 (2) any candidate who has been nominated by primary 32 under Article 7 of the Election Code or any candidate who 33 has filed valid nomination papers under Article 10 of the 34 Election Code for the Office of Treasurer and whose HB1776 Engrossed -6- LRB9102472MWmbA 1 principal campaign committee has received contributions 2 in amounts of $1,000 or less, totalling $50,000 as 3 adjusted by Section 25, as documented by reports filed 4 with the Board. 5 "Eligible Comptroller candidate" means: 6 (1) any candidate of any political party whose name 7 has been certified by the Board to appear on the official 8 primary ballot for the Office of Comptroller and whose 9 principal campaign committee has received contributions 10 in amounts of $1,000 or less, totaling $50,000 as 11 adjusted by Section 25, as documented by reports filed 12 with the Board; or 13 (2) any candidate who has been nominated by primary 14 under Article 7 of the Election Code or any candidate who 15 has filed valid nomination papers under Article 10 of the 16 Election Code for the Office of Comptroller and whose 17 principal campaign committee has received contributions 18 in amounts of $1,000 or less, totaling $50,000 as 19 adjusted by Section 25, as documented by reports filed 20 with the Board. 21 "Reports" means those reports filed by political 22 committees under Article 9 of the Election Code or any other 23 reports required by the Board under this Act. 24 "Qualified contribution" means the entire amount of all 25 contributions of $1,000 or less, as adjusted by Section 25, 26 given by an individual, corporation, or political committee 27 in connection with the election of any candidates to the 28 Offices of Governor, Lieutenant Governor, Attorney General, 29 Treasurer, Secretary of State, or Comptroller and includes 30 only the first $1,000, as adjusted by Section 25, of any 31 individual's, corporation's, or political committee's total 32 aggregate contributions given during a primary or general 33 election. "Qualified contribution" does not include a loan 34 or advance or a credit, subscription, or in-kind HB1776 Engrossed -7- LRB9102472MWmbA 1 contribution. 2 Section 15. Application of this Act. The provisions of 3 this Act shall apply to the primary and general elections 4 held in 2002, and to all subsequent elections covered by this 5 Act. 6 Section 20. Use of funds. 7 (a) A candidate receiving public matching funds may 8 accept contributions from individuals, corporations, and 9 political committees as defined by Article 9 of the Election 10 Code as long as those contributions are within the 11 contribution limits of this Act. 12 (b) Communications of any subject by a corporation to 13 its stockholders and their families, or by a labor 14 organization or association to its members and their 15 families, and nonpartisan registration and get-out-the-vote 16 campaigns by a corporation aimed at its stockholders or by a 17 labor organization or association aimed at its members, shall 18 not be construed to be in connection with the election of any 19 candidates to the Offices of Governor, Lieutenant Governor, 20 Attorney General, Treasurer, Secretary of State, or 21 Comptroller during any primary or general election. 22 (c) Any knowing violation of this Section is a Class A 23 misdemeanor. 24 Section 25. Inflationary adjustment. The dollar amounts 25 specified in this Act shall be subject to a biannual 26 inflationary adjustment to be determined by rule of the Board 27 under this Section. The Board shall determine the cumulative 28 percentage difference in the Consumer Price Index between 29 June 30 of each year preceding a general election and the 30 base period of 2000. All dollar amounts specified in this Act 31 shall be adjusted by that amount by August 1 of each year HB1776 Engrossed -8- LRB9102472MWmbA 1 before a general election, rounding to the nearest multiple 2 of $25. 3 Section 30. Loans to a candidate. No candidate for 4 nomination or election to office covered under this Act shall 5 accept any loan or any other form of credit under any terms 6 in any way deviating from the regular practices of the 7 lending institution making the loan. Any knowing violation of 8 this Section is a Class A misdemeanor. 9 Section 35. Principal campaign committee. 10 (a) For the purposes of this Act, the candidates for 11 Governor and Lieutenant Governor of each political party, or 12 any candidates running independently, shall run a joint 13 general election campaign. Each pair of candidates shall 14 jointly organize a single principal campaign committee and 15 shall jointly designate its officers, as is required under 16 Article 9 of the Election Code. A principal campaign 17 committee shall jointly accept contributions and make 18 expenditures in connection with the election of any pair of 19 candidates to the Offices of Governor and Lieutenant 20 Governor. Nothing in this Section shall require candidates to 21 run joint primary campaigns. 22 (b) Each candidate for nomination for election to the 23 Office of Governor, Lieutenant Governor, Attorney General, 24 Treasurer, Secretary of State, or Comptroller shall organize 25 a single principal campaign committee and shall designate its 26 officers as is required under Article 9 of the Election Code. 27 The principal campaign committee shall accept all 28 contributions and make all expenditures in connection with 29 the candidate's primary election campaign. 30 Section 40. Campaign bank accounts. 31 (a) Each candidate in the primary election for nomination HB1776 Engrossed -9- LRB9102472MWmbA 1 to the Offices of Governor, Lieutenant Governor, Attorney 2 General, Treasurer, Secretary of State, or Comptroller shall 3 create a bank account in a national or State bank or savings 4 and loan institution. The candidate, or any official of his 5 or her principal campaign committee, shall promptly deposit 6 all contributions and public matching funds received into 7 the account. All campaign expenditures made by the principal 8 campaign committee shall be made out of this account. 9 (b) Each candidate in the general election for 10 nomination to the Offices of Governor, Lieutenant Governor, 11 Attorney General, Treasurer, Secretary of State, or 12 Comptroller shall create a bank account in a national or 13 State bank or savings and loan institution. The candidate or 14 any official of his or her principal campaign committee shall 15 promptly deposit all contributions and public matching funds 16 received into the account. All campaign expenditures made by 17 the principal campaign committee shall be made out of this 18 account. 19 (c) No moneys deposited in any candidate's account for 20 the primary election may be commingled with general election 21 funds or used to pay for general election expenses. 22 Provided, however, a candidate may transfer a combined total 23 of not more than $25,000, as adjusted by Section 25, from the 24 primary election account for general election expenses. Any 25 moneys transferred do not count toward the qualifying amount 26 under Section 50. No moneys deposited in a candidates' 27 account for the general election may be transferred or 28 expended until the day following the primary election or may 29 be expended for primary election expenses. 30 (d) No State or national bank or savings and loan 31 institution which acts as a depository for election funds as 32 provided in this Act shall be held accountable for the proper 33 application of funds deposited or withdrawn from the accounts 34 by the individuals in whose name or names the accounts are HB1776 Engrossed -10- LRB9102472MWmbA 1 opened or maintained, nor shall the State or national bank or 2 savings and loan institution be under any duty to determine 3 whether the funds deposited in the account are deposited, 4 withdrawn, or transmitted for the purposes and at the time 5 prescribed by law, or are received from sources and in amount 6 limited by law. 7 Section 45. Clean Election Fund. 8 (a) There is established a special fund in the State 9 Treasury to be known as the Clean Election Fund. The Board 10 shall maintain a separate record for each candidate or pair 11 of candidates who is eligible under this Act. 12 (b) The Clean Election Fund is established to finance 13 the election campaigns of eligible candidates. Money 14 received from the following sources must be deposited into 15 the Fund: 16 (1) voluntary tax check-off funds designated for 17 the Clean Election Fund; 18 (2) appropriations; 19 (3) Clean Election Fund moneys distributed to 20 eligible candidates remaining unspent after a candidate's 21 primary loss and after the general election; 22 (4) other unspent Clean Election Fund moneys 23 distributed to any eligible candidate who does not remain 24 a candidate throughout a general primary or general 25 election cycle; and 26 (5) voluntary donations made directly to the Fund. 27 (c) If, after an election and after all eligible 28 candidates have been paid the amount which they are entitled 29 to receive under this Act, there are moneys remaining in the 30 Fund, the State Comptroller and State Treasurer shall 31 transfer the remaining moneys to the General Revenue Fund. 32 (d) Upon receipt of a certification from the Board under 33 subsection (b) of Section 55 for payment to the eligible HB1776 Engrossed -11- LRB9102472MWmbA 1 candidates, the State Comptroller shall within 5 working days 2 pay to the candidate out of the Fund the amount certified by 3 the Board. Amounts paid to any candidates shall be under the 4 control of the candidates. 5 (e) If, after the date of the primary or general 6 election campaign, any candidate or pair of candidates who 7 has received public matching funds has surplus moneys in his 8 or her account, the moneys may be retained for the 9 liquidation of all obligations and for payment of expenses 10 incurred during the primary or general election campaign. 11 Moneys from the primary election campaign may be retained for 12 a period not to exceed 6 months after the primary election. 13 Moneys from the general election campaign may be retained for 14 a period not to extend after June 30 of the year following an 15 election. All moneys remaining available to any candidate or 16 pair of candidates after all obligations have been liquidated 17 shall be paid into the Clean Election Fund, except that no 18 candidate or pair of candidates shall pay into the Fund 19 moneys in excess of the amount of public matching funds 20 received from the Fund. 21 (f) No obligations may be incurred by a candidate or 22 pair of candidates after the date of the primary or general 23 election other than those expenses necessary to close out his 24 or her campaign account. The Board shall determine what 25 costs are allowable under this subsection. 26 (g) All provisions outlined in this Section shall apply 27 equally to any candidate or pair of candidates who withdraw 28 for any reason before the election for which public matching 29 funds were received. 30 Section 50. Requirements for public matching funds. 31 (a) In order to receive any public matching funds under 32 this Act, an eligible candidate or pair of candidates in a 33 primary or general election shall fulfill all the following HB1776 Engrossed -12- LRB9102472MWmbA 1 requirements: 2 (1) have a principal campaign committee that has 3 accepted contributions in amounts of $1,000 or less as 4 adjusted by Section 25, totaling at least: 5 (i) $200,000 as adjusted by Section 25 for the 6 Office of Governor; 7 (ii) $10,000 as adjusted by Section 25 for the 8 Office of Lieutenant Governor; 9 (iii) $50,000 as adjusted by Section 25 for 10 the Office of Attorney General; 11 (iv) $50,000 as adjusted by Section 25 for the 12 Office of Secretary of State; 13 (v) $50,000 as adjusted by Section 25 for the 14 Office of Comptroller; and 15 (vi) $50,000 as adjusted by Section 25 for the 16 Office of Treasurer. 17 (2) agree in writing to deposit all contributions 18 and public matching funds into a single account and to 19 make all campaign expenditures from that account. 20 (3) agree in writing not to contribute more than 21 $1,000, adjusted by Section 25, of his or her own 22 personal or family funds to his or her primary or general 23 election campaign. 24 (4) agree in writing to obtain and furnish to the 25 Board any evidence that it may request of the 26 contributions of $1,000 or less as adjusted by Section 25 27 with respect to which payment is sought. 28 (5) agree in writing to keep and furnish to the 29 Board any relevant records, books, and other information 30 that it may request. 31 (6) agree in writing to an audit and examination by 32 the Board. 33 (7) agree in writing to expend not more than: 34 (i) $2,000,000 in a primary election and HB1776 Engrossed -13- LRB9102472MWmbA 1 $6,000,000 in a general election, as adjusted by 2 Section 25, for the Office of Governor; 3 (ii) $100,000 in a primary election, as 4 adjusted by Section 25, for the Office of Lieutenant 5 Governor; 6 (iii) $500,000 in a primary election and 7 $1,500,000 in a general election, as adjusted by 8 Section 25, for the Office of Attorney General; 9 (iv) $500,000 in a primary election and 10 $1,500,000 in a general election, as adjusted by 11 Section 25, for the Office of Secretary of State; 12 (v) $300,000 in a primary election and 13 $800,000 in a general election, as adjusted by 14 Section 25, for the Office of Comptroller; and 15 (vi) $300,000 in a primary election and 16 $800,000 in a general election, as adjusted by 17 Section 25, for the Office of Treasurer. 18 (b) None of these expenditure limitations shall apply to 19 any expenditures made before the filing with the Board of the 20 nomination petition of the candidate or pair of candidates. 21 (c) None of these requirements shall be construed to 22 apply to any candidates who elect not to receive public 23 matching funds. 24 Section 55. Ratio of public matching funds to funds 25 raised by the candidate. 26 (a) Public matching funds to eligible candidates shall 27 be made on a ratio of 4 matching dollars for every dollar 28 raised by the candidate. 29 (b) Upon application to and approval of the Board 30 commencing with the primary election in 2002 and in all 31 subsequent elections, each eligible candidate in a primary 32 election shall receive, but not before August 1 of the year 33 before the election, public matching funds from the Clean HB1776 Engrossed -14- LRB9102472MWmbA 1 Election Fund equal to the qualified contributions in amounts 2 of $1,000 or less as adjusted by Section 25 accepted by his 3 or her principal campaign committee. No public matching funds 4 shall be made to match contributions received before the date 5 on which the candidate files his or her nomination petition 6 with the Board. 7 (c) Upon application to and approval of the Board, 8 commencing with the general election in 2002 and in all 9 subsequent elections, each eligible candidate or pair of 10 candidates in a general election shall receive, but not 11 before the date of the primary election, public matching 12 funds from the Clean Election Fund equal to the qualified 13 contributions in amounts of $1,000 or less, as adjusted by 14 Section 25, accepted by the principal campaign committee. No 15 public matching funds shall be made to match contributions 16 received before the primary date or the date on which 17 candidate files his or her nomination petition with the 18 Board, whichever is later. 19 Section 60. Reports. 20 (a) During a primary or general election, each eligible 21 candidate or pair of candidates for election shall, from time 22 to time as the Board may require, furnish to the Board a 23 detailed statement, in any form that the Board may prescribe, 24 of all contributions of $1,000 or less as adjusted by Section 25 25 received by his or her principal campaign committee before 26 the date of the statement. The Board shall require a 27 statement under this Section from the candidates at least 28 once every other week following qualification for public 29 matching funds, at least once each week during the second, 30 third, and fourth weeks before the day of the primary or 31 general election, and at least twice during the week before 32 the primary or general election day. The Board shall not 33 require any statement before the date on which the candidate HB1776 Engrossed -15- LRB9102472MWmbA 1 or pair of candidates files its nomination petition with the 2 Board. 3 (b) On the basis of the evidence furnished by the 4 eligible candidates and before the examination and audit 5 under Section 65, the Board shall certify from time to time 6 to the State Comptroller for payment to the candidates the 7 public matching funds to which the candidates are entitled 8 under Section 55. Where public matching funds are required, 9 the Board shall make the certifications at least once every 10 other week after the primary date, at least once each week 11 during the second, third, and fourth weeks before the day of 12 the primary or general election, and at least twice during 13 the week before the primary day. 14 (c) Certifications by the Board of public matching funds 15 due to the candidates under this Section shall be final and 16 conclusive, except to the extent that they are subject to 17 examination and audit by the Board and to judicial review 18 under this Act. 19 Section 65. Audit. 20 (a) After each general and primary election, the Board 21 shall conduct a thorough examination and audit of the 22 campaign contributions to the candidates. 23 The audit following the primary election shall be 24 conducted not later than 6 months after the date of the 25 primary. There shall be 2 audits conducted following the 26 general election. One of the audits shall cover that period 27 included in the Post-Election Campaign Disclosure Report. 28 A final audit shall be conducted when the Board has 29 received a certification from a candidate, pair of 30 candidates, or the principal campaign committee, that all 31 obligations have been met or the account is closed. The 32 Board must receive such certification from the candidates or 33 their principal campaign committee not later than June 30 of HB1776 Engrossed -16- LRB9102472MWmbA 1 the year after the general election. 2 (b) If the Board determines that any portion of the 3 public matching funds made to the eligible candidates under 4 Section 55 was in excess of the aggregate amount to which 5 candidates were entitled under Section 50, it shall notify 6 the candidates, and the candidates shall pay to the State 7 Treasurer within 15 days an amount equal to that portion. 8 If the Board determines that any amount of any public 9 matching funds received by the eligible candidates under 10 Section 55 was used for any purpose other than (i) to 11 defray the campaign expenses with respect for which the 12 public matching funds were received, or (ii) to repay loans, 13 the proceeds of which were used to restore funds otherwise 14 used to defray the campaign expenses, it shall notify such 15 candidates of the amount so used, and the candidates shall 16 pay to the State Treasurer moneys equal to that amount. 17 No notification shall be made by the Board under this 18 subsection (b) with respect to an election more than 3 years 19 after the day of such election. 20 All payments received by the State Treasurer under this 21 subsection (b) shall be deposited by him or her in the Clean 22 Election Fund. 23 (c) All provisions outlined in this Section apply equally 24 to any candidate or pair of candidates who withdraws for any 25 reason prior to the election for which public matching funds 26 were received. 27 Section 70. Report to the General Assembly. The Board 28 shall, as soon as possible after each election, submit a full 29 report to the General Assembly setting forth: 30 (1) the aggregate amount of contributions of $1,000 31 or less as adjusted by Section 25 received, shown in any 32 detail that the Board determines necessary, by the 33 candidates and their principal campaign committees; HB1776 Engrossed -17- LRB9102472MWmbA 1 (2) the amounts certified by it under Section 60 2 for public matching funds to the eligible candidates; and 3 (3) the amount of payments, if any, required from 4 the candidates under Section 60, and the reasons for each 5 payment required. 6 Section 75. Investigations; civil court actions; 7 advisory opinions. 8 (a) The Board is authorized to adopt rules, to conduct 9 examinations and audits in addition to the examinations and 10 audits required by Section 65, to conduct investigations, and 11 to require the keeping and submission of any books, records, 12 and information that it deems necessary to carry out the 13 functions and duties imposed on it by this Act. The Board 14 shall not require the submission of any books, records, or 15 information concerning contributions received by a candidate 16 or pair of candidates until such candidate or pair of 17 candidates has filed its nomination petition with the Board. 18 (b) The Board is authorized to appear in and defend 19 against any action filed under this Section, and may be 20 represented in the actions either by attorneys employed in 21 its office or by counsel whom it may appoint for that purpose 22 without regard to the provisions of the Personnel Code. 23 (c) The Board is authorized through attorneys and 24 counsel to appear in the circuit court in Sangamon County to 25 seek recovery of any amounts determined to be payable to the 26 State Treasurer as a result of examination and audit made 27 under Section 65. 28 (d) The Board is authorized through attorneys and 29 counsel to petition the circuit court in Sangamon County for 30 declaratory or injunctive relief concerning any civil matter 31 covered by the provisions of this Act. The actions shall be 32 heard at the earliest practical date and expedited in every 33 way possible in order to prevent injury to the respective HB1776 Engrossed -18- LRB9102472MWmbA 1 parties. 2 (e) The Board is authorized through attorneys and 3 counsel to appeal, or to seek review of, any judgment entered 4 with respect to actions in which it appears under this 5 Section. The appeals shall be made in the same manner and 6 under the same conditions as provided by Supreme Court Rules 7 for other civil actions. 8 (f) The Board, through its legal counsel, is authorized 9 to render advisory opinions as to the interpretation and 10 clarification of any of the provisions of this Act and as to 11 whether a given set of facts and circumstances would 12 constitute a violation of any provisions of this Act. The 13 Board shall render its advisory opinion within 10 working 14 days of receipt of any request, unless an extension of time 15 is consented to by the person making the request. 16 Section 80. Judicial review. 17 (a) Any certification or final determination by the 18 Board made or taken under the provisions of this Act shall be 19 subject to direct review by the Appellate Court in the 20 Judicial District in which Springfield is located upon 21 petition filed in the court by any interested person. Any 22 petition filed under this Section must be filed within 30 23 days after the certification, determination, or other action 24 by the Board for which review is sought. 25 (b) The Board and individuals eligible to vote are 26 authorized to institute any actions, including actions for 27 declaratory judgment or injunctive relief, that may be 28 appropriate to implement or construe any provision of this 29 Act. 30 (c) The circuit court in Sangamon County shall have 31 jurisdiction of proceedings instituted under subsection (b) 32 and shall exercise its jurisdiction without regard to whether 33 a person asserting rights under subsection (b) shall have HB1776 Engrossed -19- LRB9102472MWmbA 1 exhausted any administrative or other remedies that may be 2 provided. Such proceedings shall be heard at the earliest 3 practical date and expedited in every way possible in order 4 to prevent injury to the respective parties. Appeals shall 5 be as in other civil cases. 6 Section 85. Violations. 7 (a) It is unlawful for any individual who receives any 8 public matching funds under Section 55 to knowingly and 9 willfully use, or authorize the use of, the public matching 10 funds or any portion for any purpose other than: 11 (1) to defray the campaign expenses with respect to 12 which the public matching funds were received, or 13 (2) to repay loans, the proceeds of which were used 14 to restore funds otherwise used to defray qualified 15 campaign expenses. 16 Any individual who knowingly violates this subsection (a) 17 is guilty of a Class 4 felony. 18 (b) It is unlawful for any individual knowingly and 19 willfully: 20 (1) to furnish any false, fictitious, or fraudulent 21 evidence, books, or information to the Board under this 22 Act, or to include in any evidence, books, or information 23 so furnished any misrepresentation of a material fact, or 24 to falsify or conceal any evidence, books, or information 25 relevant to a certification by the Board or an 26 examination and audit by the Board under this Act; or 27 (2) to fail to furnish to the Board any records, 28 books, or information requested of him or her for 29 purposes of this Act. 30 Any individual who violates this subsection (b) is guilty 31 of a Class 4 felony. 32 (c) It is unlawful for any individual knowingly and 33 willfully to give or accept any unreported refund or any HB1776 Engrossed -20- LRB9102472MWmbA 1 illegal payment in connection with any campaign expense of 2 eligible candidates. 3 Any individual who knowingly violates this subsection (c) 4 is guilty of a Class 4 felony. 5 In addition to any penalty provided under this subsection 6 (c), any individual who accepts any unreported refund or 7 illegal payment in connection with any campaign expense of 8 eligible candidates shall pay to the State Treasurer, for 9 deposit in the Clean Election Fund, an amount equal to 200% 10 of the unreported refund or payment received. 11 Section 700. The State Finance Act is amended by adding 12 Section 5.490 as follows: 13 (30 ILCS 105/5.490 new) 14 Sec. 5.490. The Clean Election Fund. 15 Section 800. The Illinois Income Tax Act is amended by 16 changing Sections 509 and 510 and adding Section 507U as 17 follows: 18 (35 ILCS 5/507U new) 19 Sec. 507U. Clean Election Fund. The Department shall 20 print on its standard individual income tax form a provision 21 indicating that if the taxpayer wishes to contribute to the 22 Clean Election Fund, as authorized by this amendatory Act of 23 the 91st General Assembly, he or she may do so and that the 24 contribution will reduce the taxpayer's refund or increase 25 the amount of payment to accompany the return. Failure to 26 remit any amount of increased payment shall reduce the 27 contribution accordingly. This Section shall not apply to 28 any amended return. 29 (35 ILCS 5/509) (from Ch. 120, par. 5-509) HB1776 Engrossed -21- LRB9102472MWmbA 1 Sec. 509. Tax check off explanations. All individual 2 income tax return forms shall contain appropriate 3 explanations and spaces to enable the taxpayers to designate 4 contributions to the Child Abuse Prevention Fund, to the 5 Community Health Center Care Fund, to the Illinois Wildlife 6 Preservation Fund as required by the Illinois Non-Game 7 Wildlife Protection Act, to the Alzheimer's Disease Research 8 Fund as required by the Alzheimer's Disease Research Act, to 9 the Assistance to the Homeless Fund as required by this Act, 10 to the Heritage Preservation Fund as required by the Heritage 11 Preservation Act, to the Child Care Expansion Program Fund as 12 required by the Child Care Expansion Program Act, to the Ryan 13 White AIDS Victims Assistance Fund, to the Assistive 14 Technology for Persons with Disabilities Fund, to the 15 Domestic Violence Shelter and Service Fund, to the United 16 States Olympians Assistance Fund, to the Youth Drug Abuse 17 Prevention Fund, to the Persian Gulf Conflict Veterans Fund, 18 to the Literacy Advancement Fund, to the Ryan White Pediatric 19 and Adult AIDS Fund, to the Illinois Special Olympics 20 Checkoff Fund, to the Breast and Cervical Cancer Research 21 Fund, to the Korean War Memorial Fund, to the Heart Disease 22 Treatment and Prevention Fund, to the Hemophilia Treatment 23 Fund, to the Mental Health Research Fund, to the Children's 24 Cancer Fund, to the American Diabetes Association Fund, to 25 the Women in Military Service Memorial Fund, to the Clean 26 Election Fund, and to the Meals on Wheels Fund. Each form 27 shall contain a statement that the contributions will reduce 28 the taxpayer's refund or increase the amount of payment to 29 accompany the return. Failure to remit any amount of 30 increased payment shall reduce the contribution accordingly. 31 If, on October 1 of any year, the total contributions to 32 any one of the funds made under this Section do not equal 33 $100,000 or more, the explanations and spaces for designating 34 contributions to the fund shall be removed from the HB1776 Engrossed -22- LRB9102472MWmbA 1 individual income tax return forms for the following and all 2 subsequent years and all subsequent contributions to the fund 3 shall be refunded to the taxpayer. 4 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95; 5 90-171, eff. 7-23-97; revised 10-31-98.) 6 (35 ILCS 5/510) (from Ch. 120, par. 5-510) 7 Sec. 510. Determination of amounts contributed. The 8 Department shall determine the total amount contributed to 9 each of the following: the Child Abuse Prevention Fund, the 10 Illinois Wildlife Preservation Fund, the Community Health 11 Center Care Fund, the Assistance to the Homeless Fund, the 12 Alzheimer's Disease Research Fund, the Heritage Preservation 13 Fund, the Child Care Expansion Program Fund, the Ryan White 14 AIDS Victims Assistance Fund, the Assistive Technology for 15 Persons with Disabilities Fund, the Domestic Violence Shelter 16 and Service Fund, the United States Olympians Assistance 17 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf 18 Conflict Veterans Fund, the Literacy Advancement Fund, the 19 Ryan White Pediatric and Adult AIDS Fund, the Illinois 20 Special Olympics Checkoff Fund, the Breast and Cervical 21 Cancer Research Fund, the Korean War Memorial Fund, the Heart 22 Disease Treatment and Prevention Fund, the Hemophilia 23 Treatment Fund, the Mental Health Research Fund, the 24 Children's Cancer Fund, the American Diabetes Association 25 Fund, the Women in Military Service Memorial Fund, the Clean 26 Election Fund, and the Meals on Wheels Fund; and shall notify 27 the State Comptroller and the State Treasurer of the amounts 28 to be transferred from the General Revenue Fund to each fund, 29 and upon receipt of such notification the State Treasurer and 30 Comptroller shall transfer the amounts. 31 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95; 32 90-171, eff. 7-23-97.) HB1776 Engrossed -23- LRB9102472MWmbA 1 Section 900. Repeal. This Clean Election Act is 2 repealed June 30, 2007. 3 Section 999. Effective date. This Act takes effect 4 January 1, 2000.