Illinois Campaign for Political Reform v. Illinois State Board of Elections

886 N.E.2d 1220, 382 Ill. App. 3d 51
Appellate Court of Illinois·Decided March 31, 2008·No. 1-06-1694·Published·Cited by 5 cases

Opinion

PRESIDING JUSTICE QUINN

delivered the opinion of the court:

This is a direct appeal from an order of the Illinois State Board of Elections (Board) dismissing the complaint filed by the Illinois Campaign for Political Reform and Dr. Kent Redfield (petitioners), alleging violations of the campaign disclosure requirements of the Election Code (10 ILCS 5/9 — 1 et seq. (West 2004)), against respondents Illinois Coalition for Jobs, Growth and Prosperity, and Gregory Baise (collectively, the Coalition). The Board’s dismissal order was not based on the merits of the complaint, but on the Board’s “deadlock” vote and consequent inability to achieve the statutorily mandated five-member vote to enable the Board to find the matter to have been filed on justifiable grounds and order a public hearing. See 10 ILCS 5/1A — 7, 9 — 21 (West 2004). Petitioners appealed directly to this court pursuant to section 9 — 22 of the Election Code (10 ILCS 5/9 — 22 (West 2004)).

On appeal, petitioners contend that the 2003 amendment to section 9 — 21 of the Election Code, pursuant to Public Act 93 — 574 (Pub. Act 93 — 574, §5, eff. August 21, 2003), unconstitutionally compels the Board to dismiss a complaint when the Board reaches a deadlock vote. Petitioners contend that section 9 — 21, as amended, is unconstitutional in that the compelled dismissal: (1) undermines the Board’s obligation to enforce the disclosure provisions of the Election Code; (2) violates petitioners’ due process right to meaningful judicial review; and (3) subjects petitioners to arbitrary government actions. In the alternative, petitioners argue that if section 9 — 21 is deemed constitutional, this court should review the record and conclude that the vote, by four members of the Board, against finding that the complaint was filed on justifiable grounds was clearly erroneous. For the following reasons, we remand this case to the Board for the entry of findings by the Board.

I. BACKGROUND

Petitioners filed their original complaint on February 10, 2005, alleging that the Coalition was a political committee and violated several disclosure provisions of the Election Code. On October 5, 2005, petitioners filed an amended complaint alleging that the Coalition was a political committee, as defined by sections 9 — 1.8(a), (c), and (d) of the Election Code (10 ILCS 9 — 1.8(a), (c), (d) (West 2004)), and that the Coalition violated the disclosure provisions of the Election Code by: (1) failing to file a statement of organization with the Board as required by section 9 — 3 of the Election Code (10 ILCS 5/9 — 3 (West 2004)); (2) failing to file contribution and expenditure reports with the Board as required by sections 9 — 10(a), (b), and (c) of the Election Code (10 ILCS 5/9 — 10(a), (b), (c) (West 2004)); and (3) by attempting to circumvent the intentions of the Election Code by means of subterfuge in violation of section 100.90(b) of Title 26 of the Illinois Administrative Code (Administrative Code) (26 Ill. Adm. Code §100.90(b), amended at 24 Ill. Reg. 14214 (eff. September 11, 2000)).

On December 29, 2005, the parties stipulated to certain legal issues, including that in order to determine whether the Coalition was obligated to file reports with the Board pursuant to section 9 — 3 and sections 10(a), (b), and (c) of the Election Code, it must be ascertained if the Coalition was a state political committee pursuant to section 9 — 1.8(a), (c), or (d) of the Election Code, pursuant to section 100.10(g) of Title 26 of the Administrative Code (26 Ill. Adm. Code §100.10(g), amended at 30 Ill. Reg. 17496 (eff. November 3, 2006)).

The parties also stipulated to certain facts, including that the Coalition incorporated as a not-for-profit corporation under Illinois law on January 22, 2004. The Coalition’s articles of incorporation stated that the primary purposes of the Coalition are as follows:

“The purposes for which the corporation is organized and will be operated exclusively for are:
(a) To secure the future of Illinois by educating, informing and activating the public and elected officials to develop, promote and implement a stable, pro-job, pro-growth, pro-investment climate in Illinois;
(b) To build, grow and sustain a diverse coalition of statewide, regional and local groups and individuals to support and actively participate in educational and informational efforts to promote job retention and creation in the state of Illinois; and
(c) To propose alternative solutions, build consensus, communicate with the public and work with all parties to promote job retention and creation in the state of Illinois.”

The parties also stipulated that the Coalition solicited donations on its Web site, which stated that donations “will be used to educate and inform the public on jobs related issues.”

The parties stipulated that on March 9, 2004, the Coalition formed the Coalition for Jobs, Growth and Prosperity PAC (Coalition PAC). The Coalition PAC is an Illinois political committee and registered with the Board on March 15, 2004.

The parties also stipulated that in 2004, there were several races for publicly elected office in Illinois, including races for seats in the Illinois House of Representatives and on the Illinois Supreme Court. Primaries for those elections took place on March 16, 2004, and the general election occurred on November 2, 2004. On March 17, 2004, the Coalition issued a press release, where it reported that “The Coalition focused on six Illinois State House races for the March 16, 2004, Primary Election. The group spent approximately $75,000 on direct mail and phone calls to inform voters of candidates’ records on job-related issues. Coalition communications reinforced the positive records of five candidates (underlined), including ***.” The parties also stipulated that the sworn affidavit of Gregory W Baise, treasurer for the Coalition and the Coalition PAC, stated: “In reference to the press release of March 17, 2004, *** the sum of $75,000 that is therein described was expended by the Illinois Coalition for Jobs, Growth and Prosperity PAC, and not by the Illinois Coalition for Jobs, Growth and Prosperity.”

The parties also stipulated that the Coalition issued a press release on October 24, 2004, directly before the 2004 general election stating, “Officials from the Illinois Coalition for Jobs, Growth and Prosperity announced their participation in a local state representative race due to candidate Doug Hayse’s outstanding approach on job creation for the state.” The press release also stated, “The Jobs Coalition cited Hayse’s answers in a special economic and job-related candidates’ forum that was broadcast over a statewide public service network, the Illinois Channel as their reason for their involvement in the 75th District.” The press release also stated, “Starting last spring, the Jobs Coalition worked to inform voters about job-creation issues in a number of races throughout the state.

Free access — add to your briefcase to read the full text and ask questions with AI

Illinois Campaign for Political Reform v. Illinois State Board of Elections, 886 N.E.2d 1220, 382 Ill. App. 3d 51 (Ill. Ct. App. 2008).

886 N.E.2d 1220 (Illinois Campaign for Political Reform v. Illinois State Board of Elections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Medina Nursing Center, Inc. v. Health Facilities & Services Review Board
2013 IL App (1st) 120554 (Appellate Court of Illinois, 2013)
Thompson v. Gorman
939 N.E.2d 573 (Appellate Court of Illinois, 2010)
R&D Thiel v. Illinois Workers' Compensation Commission
923 N.E.2d 870 (Appellate Court of Illinois, 2010)
Illinois Campaign for Political Reform v. Illinois State Board of Elections
388 Ill. App. 3d 517 (Appellate Court of Illinois, 2009)
Illinois Campaign v. Illinois State Bd.
904 N.E.2d 996 (Appellate Court of Illinois, 2009)