* Illinois Review…
“It’s all about clean hands,” a group of Republican lawmakers is complaining Monday, and the Illinois Democrats that filed a lawsuit last week to get their paychecks from State Comptroller Leslie Munger simply “don’t have them.”
The lawsuit six state representatives filed last week sues on behalf of all the state lawmakers affected by Munger’s policy of “No budget, No pay,” but those six are a part of the reason why no state budget has been passed, and why they’re not getting their paychecks.
“In order to be worthy to file the lawsuit, those filing must be worthy of asking, and they have not complied with the statutory requirements” to pass a balanced state budget Illinois Review was told by a source that wanted to remain anonymous. […]
“The House members must comply with their required duties or they have no standing to file a complaint about not getting their paychecks - in other words, they don’t have ‘clean hands’ required,” and that position could soon be filed in court.
* Here’s a bit more from an e-mail that’s being circulated among some lawmakers that I obtained this afternoon…
As of June 30, 2014, the General Assembly members get paid under a continuing appropriation bill covering their salaries.
Unfortunately for the continuing appropriation bill, the cumulative effect of the current expenditures exceeding funds estimated to be available by the General Assembly, such an appropriation bill is unconstitutional under Article VIII, Section 2(b) of the Illinois Constitution which says:
“The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year. “
The doctrine of unclean hands is an affirmative defense to a Mandamus of the type requested by the 6 Illinois House members. First, look at the standard definition of Unclean Hands:
“For instance, if a plaintiff asks the court for an injunction to stop the defendant from dumping his trash in the plaintiff’s backyard, the defendant may argue that the plaintiff has also dumped her trash in the defendant’s backyard, and so the plaintiff has “unclean hands” and should not receive the injunction she wants. The doctrine is based on an idea of basic fairness: One person should not be able to stop another person from doing a bad action if the first person is also doing it.”
Second, consider the fact that it is the very acts of the 6 named Plaintiffs individually and collectively as a body that has refused to send to the governor’s desk a Constitutional appropriations bill where all expenditures do not exceed the funds estimated to be available. The doctrine Unclean Hands of Plaintiffs should prevent the Cook County Court from issuing a Mandamus order.
The only step missing in this lawsuit is to have one or more members of the General Assembly file an interpleader to join the lawsuit as a matter of right and to oppose the relief requested because of the unclean hands of the plaintiffs. Do not let the crooks who created this problem and who can collectively solve the problem by the own required duty avoid the effects of their own Constitutional malfeasance.
*** UPDATE 1 *** Press release…
Governor Bruce Rauner today called on Democratic legislators to put taxpayers and critical human services ahead of their own personal gain by withdrawing their lawsuit seeking paychecks and join him in pushing for a balanced budget with reforms.
“This lawsuit is a stunning reminder of why we need change in Springfield,” Governor Rauner said. “Only in Illinois would politicians who have failed to pass a balanced budget and reforms put their own personal gain before taxpayers and critical human services.”
As promised, Governor Rauner does not accept a paycheck or benefits.
“Democrats should end this frivolous lawsuit, put taxpayers and human services ahead of themselves, and pressure their leadership to work with Republicans on passing a balanced budget with reforms that create jobs, lower property taxes and improve our schools,” Rauner added.
Governor Rauner and Republican leaders are pushing for a balanced budget with reforms that will create jobs, lower property taxes and improve our schools.
Speaker Mike Madigan prefers a stopgap spending measure. While the speaker prefers calling it a budget, it is not. What the speaker advocates for is simply a short term, incomplete stopgap spending measure. Last week, the governor made clear that he will only support a stopgap measure if the Democrats pass term limits and a permanent property tax freeze.
He also talked about it at his press conference today…
*** UPDATE 2 *** From a plaintiff in that lawsuit…
- Posted by Rich Miller
* Gov. Bruce Rauner a few days ago…
“My strong recommendation is that we tone down the rhetoric,” Rauner said Friday, when asked about harsh response from Emanuel. “Heated rhetoric doesn’t help. Getting emotional doesn’t help. Pointing fingers doesn’t help. Let’s stay mature. Let’s stay thoughtful. Let’s stay positive.”
* From the almost solely Rauner-funded ILGOP today…
Four More Added to BossMadigan.com
Time for Cullerton, Nekritz, Scherer and Moylan to Prove Their Independence
The Illinois Republican Party this morning made four more additions to BossMadigan.com – Sen. Tom Cullerton and Reps. Elaine Nekritz, Sue Scherer and Marty Moylan.
“Mike Madigan is doing everything in his power to block a property tax freeze, term limits, job-creating economic reforms and a balanced budget,” said Illinois Republican Party spokesman Steven Yaffe. “It’s time for legislators to put a balanced budget and bipartisan reforms ahead of Mike Madigan.”
“Tom Cullerton already betrayed the students in his district by voting to bail out Chicago Public Schools with $215 million in taxpayer money, but Elaine Nekritz, Sue Scherer and Marty Moylan can prove their independence by opposing this reckless bailout and refusing to support Mike Madigan for speaker until he allows votes on bipartisan reforms.”
Just this month, Tom Cullerton betrayed the students in his district by voting to bail out Chicago Public Schools with $215 million in taxpayer money. Before his most recent election, Cullerton voted against the bailout, but he now sold out to Mike Madigan. Tom Cullerton proved that he cares more about Madigan’s Chicago agenda than the families in his own district.
Elaine Nekritz has voted 7 times to make Mike Madigan the Speaker of the House. In return, she was selected by Madigan to serve on his leadership team. Only the most loyal legislators are named one of Madigan’s top lieutenants, and taxpayers have paid a steep price for Nekritz’s loyalty.
Nekritz voted for Mike Madigan’s reform-free, 67% income tax hike, the largest in state history. She joined Madigan in teaming with Rod Blagojevich on a pension scheme that increased debt by up to $22 billion. And Nekritz even voted for legislation that makes sure she gets paid even if there is no state budget. Now, legislators are using the Nekritz-backed legislation to sue so they get paid before social services receive their funding.
It’s time for Elaine Nekritz to break with Mike Madigan.
Sue Scherer’s campaigns have pocketed more than $850,000 from Mike Madigan. So, it’s no surprise Scherer voted repeatedly to make Madigan the Speaker. Scherer also supported Madigan’s broken budget that would increase state debt by $8 billion or force a $1,000 tax hike with no reforms on Illinois families. She also helped enable the current lawsuit filed by legislators that is trying to force they get paid ahead of funding for services for the needy.
Sue Scherer can show her independent by finally opposing Mike Madigan as Speaker.
Mike Madigan has helped funnel nearly $1 million into Marty Moylan’s campaigns, and Moylan’s returned the favor by twice supporting Madigan as Speaker. Moylan joined Madigan in trying to hold local schools hostage to force a bailout for Chicago, and he voted for Madigan’s broken budget that would have required a massive tax hike without reforms. Moylan also voted to make sure he gets paid even if the government shuts down.
It’s time for Marty Moylan to put the people ahead of his political patron. It’s time for him to vote against Mike Madigan as Speaker.
Members of the Illinois House will cast votes in January on whether Michael Madigan will again serve as their speaker. And the state’s Republican Party is warning that if metro-east lawmakers vote the wrong way, it’ll haunt them in 2018.
Republicans have been trying to make an issue of whether downstate House members will vote for Madigan as speaker. Their efforts include a website, www.bossmadigan.com, which singles out Democratic House members from Southern Illinois: Rep. Jerry Costello II, D-Smithton; Rep. Brandon Phelps, D-Eldorado; Rep. Katie Stuart, D-Edwardsville; and Rep. Dan Beiser, D-Alton.
Costello said he hasn’t made a decision.
“I don’t think I can answer that question until I know who all the candidates are,” he said. “What I have to do is vote in a way which helps me best represent my constituents and my district. I represent roughly 110,000 people, and what I’ve got to do is make sure the vote I cast isn’t an emotional vote — that it’s a vote that allows me to best represent those people.”
- Posted by Rich Miller
* JB Pritzker has been calling around gauging support for a possible run for governor…
Some Democrats believe Pritzker, who has instant name recognition, a lengthy resume in philanthropy and an investment in Chicago’s business and tech world, is uniquely positioned to go up against multimillionaire Republican Gov. Bruce Rauner, who in 2014 spent a record amount of money in an Illinois governor’s race — more than $65 million.
“J.B. is not intimidated by Rauner’s money,” said a source close to Pritzker. “If he did this, he would do whatever it took to do it the right way. He would run to win and he would do what it takes to do that.” […]
Not everyone is cheering Pritzker’s potential candidacy. Some progressives fear pitting a billionaire against another multi-millionaire would create the wrong narrative in the Democrats’ quest to retake the governor’s mansion. Democrats have painted Rauner as the out-of-touch rich guy who is allowing the state’s neediest to suffer in order to push through his personal political agenda. Warring sides have left the state without a full budget since Rauner took office in 2015. […]
“[Chris Kennedy] can’t walk in with a check for $100 million and go toe to toe with Rauner,” said one said a top Illinois political operative who was among those Pritzker called.
We’ll see. Rich guys like to talk a lot of smack about writing big checks, but few actually do. Rauner did, which made him unique. And, speaking of money, Rauner stressed that he didn’t inherit his great wealth, which helped him connect with people lower on the economic food chain (think his grandparents’ trailer at their dairy farm that he mentions every chance he gets, or his fondness for his Harley, or his trash-can van, or his g-droppin’ ways). Pritzker inherited a fortune, which makes it far tougher for him to show he’s like everyone else.
Also, when he hires an opposition researcher to thoroughly look into his own past, we’ll know he’s more than just taking a cursory look at this run. Rauner did that early on, which was key to understanding that he was dead serious about his campaign.
Pritzker may have “instant name recognition” in some circles, but I gotta figure that lots of folks in Rock Island or St. Clair counties don’t know who the heck he is. More importantly, what will he do to build the party beyond Cook County and other reliable Democratic strongholds? He doesn’t have to win Downstate, of course, but he has to do much better than Pat Quinn within that region. We already know he’s a progressive Democrat, but how will Pritzker connect with the rest of the state?
And, early on, he’ll need an answer to the “Madigan question.” He needs to show that he can get things done, but isn’t willing to return to the pre-Rauner “status quo.” That’ll be important to Downstate and also to the suburbs, where the pro-choice Rauner will pursue independent women with a ferver.
* Your further suggestions?
…Adding… Right on schedule…
From the narrative…
There are a few guidelines that were employed in this process. First, no incumbent starts a cycle in the Toss Up column. Do we expect Illinois GOP Gov. Bruce Rauner and Pennsylvania Democratic Gov. Tom Wolf to have difficult races? Absolutely, but first they need announced first-tier opposition.
- Posted by Rich Miller
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