* From a legal memo prepared for US Rep. Robin Kelly…
In its most basic interpretation, Section 300.62 would prevent you from raising or spending soft money in state and local elections. In addition, the DPI would be prohibited from spending soft money to the extent that you directly or indirectly “controlled” DPI.
Again, that’s Kelly’s own attorney saying this.
So, unless they come up with a way to make the state party chair completely and utterly powerless, the party can forget about raising and spending soft money. Millions of dollars, perhaps tens of millions, will be left on the table. And that’s why organized labor is watching this contest with growing dismay.
* More from that legal memo…
I previously recommended that, once we have set forth the proposed new decision making structure for DPI, we seek an advisory opinion from the FEC with a set of questions and a list of proposed activities for you as Chair. On this course of action, both Mr. Svoboda [the DPI attorney] and I agree. Getting the FEC’s imprimatur will resolve any possible ambiguity in the regulations and will provide a safe harbor for DPI.
So, the state party will to have to wait until the FEC decides to issue an advisory opinion before they can do anything? What could possibly go wrong?
* And what will US Rep. Kelly be doing if elected state party chair?…
Senator Durbin’s longtime aide Bill Houlihan… sits on the State Central Committee, and said Kelly would make a great spokesperson for the party.
“That was not something that Chairman Madigan was interested in doing,” Houlihan said. “I think Robin Kelly will be very good at getting around the state.”
A strong party spokesperson would be a good thing. And I fully agree with Houlihan that Robin Kelly would be great at that job. But they’re not supposed to be electing a spokesperson. They’re electing a new chair.
It’s a no-brainer that Gov. Pritzker and his peeps will be actively involved in the party if Michelle Harris wins. He’ll effectively have control and that understandably rubs some folks the wrong way. They have a perfect right to that position.
But who will be controlling things if Kelly prevails? Will they set up special decision-making committees? Who will appoint the members? Who will set the agenda? Because, according to her own attorney (and despite what this WCIA story implies), she cannot have any direct or indirect party control if they want to raise and spend soft money…
Dueling legal memos outlined federal election laws and limitations that would prevent Kelly from raising “soft money” or controlling the party coffers on her own, but members of Congress in Colorado and Georgia have taken the helm of their respective parties by delegating those restricted activities to other party leaders.
“We’re willing to make those changes,” Houlihan said. “It says that more people are going to be involved in both the fundraising as well as the spending of the money.”
Georgia’s situation is new since that state party chair was only recently elected to Congress. And with the legit compliance questions, it may not be a legally safe model to follow.
* Politico…
Taking the reins of the party also means controlling money. Given Pritzker’s wealth, he’s expected to fill party coffers and in turn have a big say on how funds are spent. Kelly, because of her position in Congress, would operate a more decentralized operation that likely would see Durbin’s top aide, Bill Houlihan, playing a role in governing.
Hmm. But you’d think Houlihan would also be limited in what he could do since he’s an employee of the US Senate.
* Back to Politico…
Players to watch: Board of Review Commissioner Mike Cabonargi is the big question mark because he holds a large number of weighted votes. He’s a longtime friend of Pritzker’s — the two were part of a brat pack group of Democrats that worked on elections outside of the ward system. But Cabonargi also worked for Durbin and has remained loyal to the senator.
Lauren Beth Gash is a former state rep who now chairs the Lake County Democratic Party. Like Pritzker, she served on the Illinois Human Rights Commission and years ago worked on staff for Sen. Alan Dixon.
Kristina Zahorik, a former senior legislative aide for the late Sen. Paul Simon, holds a powerful position separate from the state committee. She’s president of the Illinois Democratic County Chairs Association.
Cabonargi will likely be with Kelly, I’m told. Gash is expected to be with Kelly as well. We’ll see. Durbin has been the force behind the IDCCA, so I’ve always just figured Zahorik would be a Kelly vote.
You can watch events unfold by clicking here at 6 o’clock tonight.
*** UPDATE *** Speaker Pelosi offers kind words for a caucus member…
- Rabid - Wednesday, Mar 3, 21 @ 10:45 am:
Drurbin feel entitled as the longest serving democrat to call the shots, meet the new boss
- Pizza Man - Wednesday, Mar 3, 21 @ 10:50 am:
Respectfully speaking, Congresswoman Kelly while an effective funder with the DCCC, should focus on her legislative duties and fully represent her congressional district in DC. Fundraising takes a lot of time, focus, and energy.
You add her legal limitations in executing the task at hand–fundraising–in which she cannot properly perform.
- bored now - Wednesday, Mar 3, 21 @ 10:52 am:
your analysis is sound, under the current bylaws. i have long heard grievances by scc members against the current organizational framework.
- west wing - Wednesday, Mar 3, 21 @ 10:53 am:
Good luck to the Democrats tonight. But, again, I come back to the central point from my perspective: for a statewide leadership role in the party, on what planet is it a smart thing to install a member of the Chicago City Council? That’s a gift that will keep on giving to Republicans, in addition to having someone who doesn’t have an understanding of the diversity of the state. By contrast, Robin Kelly, knows Chicago, the suburbs and downstate. The memos about money miss the point: this is the party of JB Pritzker. This party won’t have a money problem. That was an orchestrated hit job on Robin Kelly. I’m a Democrat who will support the winner tonight.
- Pot calling kettle - Wednesday, Mar 3, 21 @ 10:53 am:
==Fundraising takes a lot of time, focus, and energy. ==
That won’t be a problem for Rep. Kelly.
- DuPage Saint - Wednesday, Mar 3, 21 @ 10:59 am:
I think this whole thing makes Durban look totally incompetent. His choice and he doesn’t even know the rules after all his years in Illinois politics.
- Rich Miller - Wednesday, Mar 3, 21 @ 11:00 am:
===is it a smart thing to install a member of the Chicago City Council?===
Conversely, how smart is it to install somebody who will quite likely attract an immediate FEC beef?
- I'mma stop you there.... - Wednesday, Mar 3, 21 @ 11:01 am:
“That was an orchestrated hit job on Robin Kelly
According to her own lawyer and outside counsel, it’s a hit job she walked right into the moment she announced her run.
- @misterjayem - Wednesday, Mar 3, 21 @ 11:03 am:
The inability to raise soft money is disqualifying.
The inability to spend soft money is disqualifying.
We may wish it were otherwise, but it’s not.
– MrJM
- Practical Politics - Wednesday, Mar 3, 21 @ 11:05 am:
Worrisome facts:
Michelle Harris could not beat Dorothy Brown in the Democratic Party. She was Todd Stroger’s chosen successor in the Chicago City Council.
- Cluster - Wednesday, Mar 3, 21 @ 11:05 am:
I’m sure somewhere Tim Mapes is laughing.
- JOePublic - Wednesday, Mar 3, 21 @ 11:14 am:
This race comes down to one candidate cannot preform the job!
- Oswego Willy - Wednesday, Mar 3, 21 @ 11:19 am:
===That was an orchestrated hit job on Robin Kelly.===
As pointed out, what, Kelly’s own counsel is on her demise?
- @misterjayem -, as *only* he can, in pithy perfection, has it nailed down cold.
The rest is either unfocused righteousness willful ignorance.
- Predecessorage - Wednesday, Mar 3, 21 @ 11:20 am:
This is crazy. Kelly needs to step back and play a prominent role in the state party. And the Bill Houlihan interview is …. interesting. When the Governor can’t fund the party if Kelly is elected because of an all but guaranteed FEC complaint during his re-election, the aforementioned individual will be the first to complain about the governor’s lack of support for democrats.
- Pizza Man - Wednesday, Mar 3, 21 @ 11:23 am:
Any other DPI options?? Maybe elected officials should focus on their current duties and properly serve their constituents, our friendly taxpayers.
The DPI head should be focused 100% and give it his/her all while raising funds for all candidates–not just House Dems like in the past 30 + years. Previous elective office experience and/or government service in IL would help.
- Candy Dogood - Wednesday, Mar 3, 21 @ 11:28 am:
===make the state party chair completely and utterly powerless===
I think that would be a good thing regardless of who the chair is.
What I dislike about this process and the Democratic Party of Illinois in general is that there is very limited ability for a typical party activist to have any influence on this decision, or any decision the party makes.
===would also be limited in what he could do since he’s an employee of the US Senate.===
If the outcome of all of this is the discovery that members of the United States Congress or employees of congress can’t hold state central committee positions, I think that’d be a good thing for the party too.
So, I hope that question keeps getting asked.
- McGuppin - Wednesday, Mar 3, 21 @ 11:28 am:
Can’t wait for the vote. Regardless who wins, I will continue to support the Democratic Party and its candidates up and down the ballot. I hope the backers of their respective candidates all do the same. I have some concerns that those who don’t have a long history working to elect Democrats in IL may not be so inclined. Perhaps we will see.
- Simple Simon - Wednesday, Mar 3, 21 @ 11:34 am:
As a Dem, I find these internecine fights infuriating. We need unity, not division. If one candidate cannot perform all the normal tasks, move on to the next qualified. Power grabbing wastes energy.
- Ducky LaMoore - Wednesday, Mar 3, 21 @ 11:34 am:
Kelly would be the best person for the job… if she could do the job. She can’t unless she resigns from Congress. Elect Harris, move forward. Why are democrats demanding a circular firing squad?
- Youdontgetit - Wednesday, Mar 3, 21 @ 11:48 am:
How can ANYONE think it would be smart to elect a Chair with limited powers? I find it completely insane. I also have faith in these State Central Committee members to use their LOGICAL brains that this makes ZERO sense.
HOW CAN FEDERAL EMPLOYEES (Bill Houlihan) believe that they can have a role in the State Party.
It seems to me that Bill Houlihan is using Robin Kelly to do a role that he couldn’t get the votes to do himself.
- Frumpy White Guy - Wednesday, Mar 3, 21 @ 11:56 am:
For starters I am not a big fan of JB but he is the Democratic Governor of Illinios and has invested millions of his own money to help other Democrats. He has earned the right to pick the next party chairperson. Maybe Durbin should work on getting more clients for his wife’s business.
- Immigrants Welcome - Wednesday, Mar 3, 21 @ 12:01 pm:
== The memos about money miss the point: this is the party of JB Pritzker. This party won’t have a money problem. ==
West Wing, speaking of missing the point…. No large donor could give outside federal limits. JB Pritzker, big labor money would be left on the table because they can’t give more than the federal limit to a committee chaired by a federal elected. no bylaw rewrite gets you around that hard truth. That’s exactly the point.
- Austinman - Wednesday, Mar 3, 21 @ 12:05 pm:
I hope Ald Harris gets it she did a great job working with the late John Stroger she is just what DPI needs
- Oswego Willy - Wednesday, Mar 3, 21 @ 12:07 pm:
=== The memos about money miss the point: this is the party of JB Pritzker. This party won’t have a money problem.===
You *seem* utterly clueless as to the rules of federal fundraising.
- bored now - Wednesday, Mar 3, 21 @ 12:08 pm:
Immigrants Welcome: yeah, i’m not about to accept the implication that georgia is just smarter than illinois. not gonna happen. illinois dems have something to teach other states. not sure the same can be said about georgia dems. just not buying that one…
- Thomas Paine - Wednesday, Mar 3, 21 @ 12:16 pm:
=== The memos about money miss the point: this is the party of JB Pritzker. This party won’t have a money problem. ===
Anyone who is counting on JB Pritzker to write million dollar checks to DPI run by Bill Houlihan is delusional. You do not wire checks to PACs or candidates that have complained your money makes you too powerful.
Durbin, Kelly and Houlihan should be to ashamed to even ask Pritzker for money.
- Candy Dogood - Wednesday, Mar 3, 21 @ 12:18 pm:
=== Why are democrats demanding a circular firing squad?===
I don’t think having a contested and somewhat public campaign for state party chair really constitutes a circular firing squad.
- Immigrants Welcome - Wednesday, Mar 3, 21 @ 12:21 pm:
bored now - I’d wager my retirement that Nikema Williams will have to step down in that role, and folks there were late to realize the problem.
But let’s put ourselves in the shoes of the party’s major donors, who account for the vast, vast, vast majority of what the party spends. You can’t make them give money, especially when their lawyers are telling them that they would almost certainly draw an immediate FEC complaint if they do.
So West Wing, I would say it’s exceedingly putting on blinders to the fact that the party would be voluntarily putting its major donors’ resources on the sidelines.
- Oswego Willy - Wednesday, Mar 3, 21 @ 12:22 pm:
=== I don’t think having a contested and somewhat public campaign for state party chair really constitutes a circular firing squad.===
It is as others tout someone wholly incapable of the important duties of being chairman.
It’s a waste of energy and angst to fight for someone not qualified for a position due to circumstances, and having one side seemingly pretend it’s not true.
- Pizza Man - Wednesday, Mar 3, 21 @ 12:30 pm:
Hey, being DPI head gets you front-row admittance every 4 years at the Prez conventions.
I guess this what the commotion is all about between Harris vs. Kelly @ the Royal Rumble beginning @ 6p.m.
- Rich Miller - Wednesday, Mar 3, 21 @ 12:40 pm:
===very limited ability for a typical party activist to have any influence===
lol
There are elections.
- low level - Wednesday, Mar 3, 21 @ 12:43 pm:
“ two were part of a brat pack group of Democrats that worked on elections outside of the ward system. ”. If they mean DL21C, lol. Many of us joined that group for the precise reason that the DPI and ward system never provided a means by which we could volunteer. For years people have talked about how bad DPI and the legislative caucus were at outreach. When Pritzker established that group eons ago, he was filling a need.
If that made us “brat packish” then so be it. I might add that Senate President Don Harmon was part of that same group before he was elected to the state Senate in 2002.
- proud immigrant - Wednesday, Mar 3, 21 @ 12:49 pm:
Hey Immigrants Welcome……you say things that are not true so forcefully. Where do you get your info?
- Oswego Willy - Wednesday, Mar 3, 21 @ 12:50 pm:
=== you say things that are not true so forcefully. Where do you get your info?===
Example?
If you’d like to clarify, don’t hide you light under a bushel.
- Ducky LaMoore - Wednesday, Mar 3, 21 @ 12:56 pm:
Candy, electing a person to do a job that can’t legally do the job is a circular firing squad. It is not at all about a contested campaign. How can there even be a legitimate campaign if one of the contestants can’t do the job?
- Predecessorage - Wednesday, Mar 3, 21 @ 1:02 pm:
If Kelly cannot legally do the job, then who are these people really voting for tonight? Who is behind the curtain? Name some names.
- bored now - Wednesday, Mar 3, 21 @ 1:04 pm:
Predecessorage: robin kelly
- Oswego Willy - Wednesday, Mar 3, 21 @ 1:04 pm:
=== Are you drowning yet? You’re in the tank so deep I’m concerned.
(Sigh)
===- @misterjayem - Wednesday, Mar 3, 21 @ 11:03 am
The inability to raise soft money is disqualifying.
The inability to spend soft money is disqualifying.
We may wish it were otherwise, but it’s not.
– MrJM===
Keep up, please.
- Dirty Red - Wednesday, Mar 3, 21 @ 1:07 pm:
A good spokesperson probably does not whip endorsements from prominent party leaders and then have them discover later the candidate’s lawyers doubt they would be able to raise and spend money whilst simultaneously casting a shadow on leadership in other states, including newly blue Georgia.
And that’s in the run-up to the vote. Sheesh.
The Party is this uneasy about Pritzker’s reach?
- Thomas Paine - Wednesday, Mar 3, 21 @ 1:09 pm:
=== What I dislike about this process and the Democratic Party of Illinois in general is that there is very limited ability for a typical party activist to have any influence on this decision, or any decision the party makes. ===
How long have you been a precinct committeeman for?
- thisjustinagain - Wednesday, Mar 3, 21 @ 1:36 pm:
If Kelly has any sense left after being in Washington, she should politely end the debate by withdrawing herself from consideration. I’m an independent voter, hate machine politics, and from an outsider’s perspective, this appears rank foolishness that she hasn’t stepped aside in the interest of her party. As it is, she’s stirred up the FEC pot, caused needless infighting over a job she cannot accept (the challenges will come from both sides of the aisle as soon as she accepts), and opened a can of worms that could impact other state’s Dem party structure. The Repubs will be all over this, and justifiably so.
- Sonny - Wednesday, Mar 3, 21 @ 1:41 pm:
“Respectfully speaking, Congresswoman Kelly while an effective funder with the DCCC, should focus on her legislative duties and fully represent her congressional district in DC. Fundraising takes a lot of time, focus, and energy.”
You know what an alderman does right bro? People in Congress raise money from the jump and they don’t have people waving them down in the street about potholes.
- CDG - Wednesday, Mar 3, 21 @ 1:44 pm:
There are roughly fourteen Illinoisans outside of this website and the political chattering class that care at all about this.
- Oswego Willy - Wednesday, Mar 3, 21 @ 1:47 pm:
=== There are roughly fourteen Illinoisans outside of this website and the political chattering class that care at all about this.===
They nominated you to speak for them?
That’s fun.
- Candy Dogood - Wednesday, Mar 3, 21 @ 2:25 pm:
===There are elections.===
Pretty daunting for a party activist to organize a campaign for state central committee against their sitting congress person.
- Rich Miller - Wednesday, Mar 3, 21 @ 2:33 pm:
===organize a campaign for state central committee===
If you live outside Cook, you can run for precinct committeeperson.
- Responsa - Wednesday, Mar 3, 21 @ 2:34 pm:
==The Party is this uneasy about Pritzker’s reach?==
Perhaps they/some are becoming uneasy about Pritzker’s competence. Just a thought.
- Candy Dogood - Wednesday, Mar 3, 21 @ 2:45 pm:
===If you live outside Cook, you can run for precinct committeeperson.===
Kind of a moot point without a process that involves conventions, party platforms, et al.
- the647 - Wednesday, Mar 3, 21 @ 2:50 pm:
== Thomas Paine ==
Pritzker can’t write million dollar checks to DPI no matter who the chair is. There are contribution limits in IL even on soft money. A political party can’t break the caps.
- Thomas Paine - Wednesday, Mar 3, 21 @ 2:53 pm:
Candy -
You seem to have created the perfect Catch-22 excuse for sitting on the sidelines complaining.
Nearly everyone who is a somebody now was a nobody once. Others, like Pat Botterman, remained completely excluded from the traditional Democratic Party yet still had a tremendous impact.
- Cluster - Wednesday, Mar 3, 21 @ 2:56 pm:
=== Kind of a moot point without a process that involves conventions, party platforms, et al. ===
So doing the hard work of going door to door and talking to your neighbors about democratic candidates isn’t enough for you? I thought that’s what party building is all about - getting more people to do that?
I once remember hearing about a kid that was interviewing for a staff position with one of the legislative caucuses. This was a kid right out of college. When hearing about the long hours and tedious work that a staffer has to do, he said he wasn’t interested because he wanted “to be more of an advisor”. I laughed.
Thats what this sounds like. Everyone wants a say in the party but they haven’t cut their teeth going out and doing the hard stuff that nobody wants to do.
- Rich Miller - Wednesday, Mar 3, 21 @ 2:57 pm:
===Pritzker can’t write million dollar checks to DPI no matter who the chair is.===
His campaign committee can.
- Oswego Willy - Wednesday, Mar 3, 21 @ 2:58 pm:
Choosing to have barriers to disenfranchise yourself is another form of victimhood.
- Ducky LaMoore - Wednesday, Mar 3, 21 @ 3:52 pm:
The dems keep talking me out of my initial support for Kelly. Nancy Pelosi? Are you kidding me? I’m full on Harris now. Nancy Pelosi… good lord.
- bored now - Wednesday, Mar 3, 21 @ 3:55 pm:
well, i wanted to hear from nancy’s (campaign) lawyer, but hearing it from her is better. thanks for that.
rich, do you think that pritzker won’t underwrite the party activities if he doesn’t push his candidate through? i mean, dpi still controls VAN, right? (i guess he could buy hawkfish, but…)
- Back to the Future - Wednesday, Mar 3, 21 @ 4:00 pm:
Interesting note from the Speaker of the U.S. House of Representatives..
Not sure why Pritzker decided to move In the direction that he has in the affairs of the DPI particularly after spending $52 million to get to get clobbered in the Progressive Tax campaign he and his team ran.
Respectively perhaps he should concentrate on being Governor of Illinois.
- Pizza Man - Wednesday, Mar 3, 21 @ 4:10 pm:
@ Sonny…”You know what an alderman does right bro?”
But Alderman Harris doesn’t have her hands tied behind her back.
- Juststrange - Wednesday, Mar 3, 21 @ 4:23 pm:
how does have Speaker Pelosi change the law? Kelly still can’t raise or spend money
- Shytown - Wednesday, Mar 3, 21 @ 4:24 pm:
Is the Nancy Pelosi tweet supposed to help? I’m confused.
Also, maybe someone should remind her that JB Pritzker has been one of the top Dem donors, like ever.
- Oswego Willy - Wednesday, Mar 3, 21 @ 4:25 pm:
I do think it’s fun(ny) that as Pelosi weighs in…
… it’s still not about what the legalities are, or the disqualifying.
It’s fun, sure.
- Ferris Wheeler - Wednesday, Mar 3, 21 @ 4:41 pm:
=== rich, do you think that pritzker won’t underwrite the party activities if he doesn’t push his candidate through? i mean, dpi still controls VAN, right? ===
Reformers Yesterday: “Mike Madigan controlled which Democrats could get access to the VAN.”
Reformers Today: “Houlihan should control which Democrats can get access to the VAN.”
JB is probably going to tell Houlihan to take a flying leap at a rolling donut. He ought to run his own slate for the state central committee in the 2022 primary while he is at it.
@Ducky LaMoore - you better get used to hearing about Speaker Pelosi. Before “Because…Madigan” there was “Because…Pelosi”.
- Shytown - Wednesday, Mar 3, 21 @ 4:48 pm:
Worrisome facts: == Michelle Harris could not beat Dorothy Brown in the Democratic Party. ==
And Kelly couldn’t beat Dan Rutherford statewide and lost Peoria (where she lived for many years) handily. So what?
These kinds of arguments are pointless and just throw shade on these women.
Kelly can’t fundraise or influence how dollars are invested. That’s the opposite of what a chair should do. This is a serious problem facing the party and those who have political loyalties to Durbin should think seriously about what comes first - the party or their political relationship.
- Frank talks - Wednesday, Mar 3, 21 @ 4:50 pm:
Pelosi chiming in is what a true leader does, support her caucus members when they make a move. I’m also guessing Nancy’s lawyers are checking to make sure Georgia isn’t going to be a sudden problem with all the legal opinions flying around here.
If Kelly wants to make a run she can run for DPI chair after the primary in March. By then there could be a ruling from the FEC where this can stand. As it stands now she’s in a bad position.
Assuming she can raise and spend money via committee is naive at best, negligence at worst.
Is that really a risk the Dem party wants to take going into a US Senate, Gubernatorial and remap race?
- Rich Miller - Wednesday, Mar 3, 21 @ 4:59 pm:
===JB is probably going to tell Houlihan to take a flying leap at a rolling donut===
Likely.