AB 1141

This bill creates a democracy trust fund under which eligible candidates for the offices of justice of the supreme court, court of appeals judge, and circuit court judge may receive public grants derived from general purpose revenues to finance their campaigns.

The bill provides that a candidate for the office of justice of the supreme court, court of appeals judge, or circuit court judge may qualify for public financing from the democracy trust fund to finance a campaign in a primary or election by receiving qualifying contributions from at least 1,000 separate contributors who are electors of this state in amounts of not less than $5 nor more than $100 in an aggregate amount of at least $5,000 but not more than $50,000. A candidate who accepts public financing may also accept “seed money" contributions from electors of this state in amounts of $100 or less, subject to aggregate limitations, and may contribute personal funds in specified amounts during specified periods. In order to qualify for a public financing benefit for the primary, a candidate at the spring primary must have an opponent who qualifies to have his or her name appear on the ballot at the primary, and in order to qualify for a public financing benefit for the spring election, a candidate at the election must have an opponent who qualifies to have his or her name appear on the ballot at the election. A candidate who accepts a public financing benefit may not accept any contributions other than qualifying and seed money contributions and contributions from personal funds within the limitations permitted. Public financing benefits for eligible candidates for court of appeals judge or circuit court judge are $100,000 in the spring primary and $300,000 in the spring election. Public financing benefits for eligible candidates for justice of the supreme court are $1,000,000 in the spring primary and $3,000,000 in the spring election. The benefits are subject to a biennial cost of living adjustment. The bill also imposes a limitation on disbursements by a candidate who accepts a public financing benefit that equals the total public financing benefit allocated to the candidate and the total qualifying and seed money contributions lawfully accepted by the candidate.

Currently, no public financing is available to finance the campaigns of candidates for the office of justice of the supreme court, court of appeals judge, or circuit court judge.

Under the bill, public financing benefits are financed through an individual income tax “checkoff." Every individual filing a state income tax return who has a tax liability or is entitled to a tax refund may direct that $5 of general purpose revenue be transferred to the democracy trust fund. Individuals filing a joint return may separately choose whether to direct that the $5 transfer be made. The designation does not increase an individual's tax liability nor reduce an individual's refund. If the total designations do not generate sufficient general purpose revenues to fully fund the costs of public grants and administration of the democracy trust fund, the bill appropriates additional general purpose revenues to finance those costs.