* 3:37 pm - US District Judge Marvin Aspen has just ruled that parts of two Illinois campaign finance statutes are unconstitutional and has permanently enjoined their enforcement. Read the opinion here.
The pro-choice Personal PAC had sued because Illinois law prohibited it from setting up a separate political action committee to conduct independent expenditures. State law limits PACs to one fund each. The group also objected to the contribution caps to political action committees that are set up to run independent expenditures.
The court agreed based on the infamous Citizens United case and the lesser known Wisconsin Right to Life ruling (which had pretty much exactly the same circumstances as this Personal PAC suit) and those two state laws are now gone.
Defendants additionally assert that if we enjoin the contribution limits in § 5/9-8.5(d), and allow Personal PAC to accept unlimited contributions after converting to a independent- expenditure only PAC, we could avoid reaching the constitutionality of the one-PAC limit in § 5/9-2(d). We disagree that this solution would result in a narrow ruling that still vindicates Personal PAC’s constitutional rights as it would prevent Personal PAC from managing two PACs, one for direct contributions and one for independent expenditures. Such a result is not warranted.
* 4:33 pm - From Personal PAC…
Earlier today, United States District Court Judge Marvin Aspen issued a ruling striking down two provisions in Illinois’s campaign finance law on the ground that both are clear violations of the First Amendment. The first challenged provision limited contributions to political action committees, including placing a $10,000 limit on contributions by individuals. The second provision prevented any person from establishing or maintaining more than one political action committee. Judge Aspen held that both provisions are flatly unconstitutional following the United States Supreme Court’s landmark campaign finance decision in Citizens United v. FEC and the Seventh Circuit’s recent decision striking down a similar law in Wisconsin Right to Life State Political Action Committee v. Barland.
The Court granted Personal PAC’s request for a permanent injunction against enforcement of the provisions as applied to PACs that only raise and spend money independently of public officials, candidates, or political parties. This decision will enable Personal PAC and its donors to fully participate in the Illinois election contests in 2012.
Terry Cosgrove, President and CEO of Personal PAC, stated, “Personal PAC sought to bring Illinois campaign finance law into compliance with what the First Amendment supports. We are thrilled that the Court ruled quickly and in our favor, which will allow us to raise the necessary funds to effectively advocate for the rights of women and girls in Illinois.”
* Congressman Jesse Jackson, Jr. canceled a scheduled debate with his Democratic primary opponent this morning. It’s pretty clear why. As subscribers already know, Jackson’s latest poll has him leading Debbie Halvorson 59-23. From pollster Celinda Lake’s narrative…
A recent Lake Research Partners survey conducted among likely Democratic primary voters in Illinois’s 2nd Congressional District shows that Congressman Jesse Jackson, Jr. has solidified his support and is leading Debbie Halvorson by 36 percentage points. With a strong majority of likely voters viewing Jesse Jackson, Jr. favorably and approving of his job performance, the Congressman has significantly expanded his already strong lead since the last Lake Research Partners (LRP) poll, conducted in December 2011.
He’s also doing very well with women, so his ads must be working…
Among African American women, a key constituency in the district, Jackson Jr. leads his opponent by 54 percentage points, with 69% of African American women expressing their support for the Congressman, versus 15% for Halvorson. His support among all women is also very strong, with 60% planning to vote for Jesse Jackson, Jr., compared to just 22% of women planning to support Debbie Halvorson.
More…
A strong majority views Jackson Jr. favorably and approves of his job performance, while few Democratic primary voters connect with Debbie Halvorson. Seventy-one percent of likely voters say they have a favorable view of the Congressman and just 21% view him unfavorably. The favorability is up from the December poll, when 61% said they had a favorable view of Jackson Jr. and 29% viewed him unfavorably. Furthermore, 61% of likely voters approve of the Congressman’s job performance, saying that he is doing an excellent or a good job. Twenty-three percent say his job performance is just fair and just 11% believe that Jackson Jr. is doing a poor job. In today’s political environment when very few Americans approve of the U.S. Congress, Jesse Jackson, Jr.’s favorable numbers are exceptionally high.
Meanwhile, just 41% of voters say they view Debbie Halvorson favorably. While it marks a three percentage point increase from the December poll, Halvorson’s negative numbers have almost tripled over the last three months – up from 8% in December to 22% in March. Furthermore, 23% of voters do not know Jackson Jr.’s challenger well enough to have an opinion of her and another 14% say they have never heard of Debbie Halvorson.
Methodology…
Lake Research Partners designed and administered this telephone survey, using professional interviewers, with 406 likely March 2012 Democratic primary voters in IL-02. The survey was conducted March 8-11, 2012. The margin of error for the total sample is +/-4.9 percentage points and greater for sub-groups.
* Meanwhile, this is probably one the harsher press releases I’ve ever seen. It’s from Cook County Board of Review candidate Dan Patlak and blasts his GOP primary opponent Sean Morrison…
Just to review, Morrison has refused to answer questions about mob connections to his Las Vegas “security” company, lied about having a college degree when he doesn’t, lied to the voters by saying he would lower property taxes when he knows the Board of Review can’t, refused to reply to the actresses he stiffed in his failed reality TV “skimpy bathing suit” fight show. And that’s just the start.
Worst of all, no one except Morrison and his secret donors know who is funding his campaign. Morrison uses a campaign finance loophole to funnel thousands to his false and deceptive ads.
That last part is apparently about a a $127,000 loan that Morrison made to his own campaign. Patlak’s campaign is wondering where he got the money.
* From Tammy Duckworth’s campaign…
Several weeks ago, I asked my opponent to join me in a pledge to reject Super PAC support. I believe that unlimited, anonymous contributions threaten our democracy and should have no place in our political system. To our surprise, my opponent refused to sign the pledge.
Now we’ve found out why. A Super PAC run by his former campaign staff just bought TV ads in the Chicago area in a last ditch attempt to change the outcome of the primary on March 20th.
We can’t let a few wealthy individuals drown out our thousands of grassroots supporters. Contribute $10 now to tell my opponent he won’t get away with trying to buy this election.
But the Super PAC in question doesn’t appear to be all that super. So far, it’s done a $20,000 cable TV buy with maybe another $10K later this week, according to the person running the thing That ain’t much.
“I am honored to call Ron Paul my colleague and most importantly my friend. I have always admired Rep. Paul but my respect for this great man’s leadership grows more all the time. He is one of the most principled men I have ever met.
“Whether it be advocating for troop withdrawal, reducing the reach of our government or reforming the tax code and our health care system, Ron Paul has been unwavering and an ideological champion for all of us.”
* Roundup…
* Hinz: Biz group plans to spend $1 million on lawmakers who back pension reform
Illinois State Rep. Derrick Smith (10th District) was arrested today on a federal bribery charge after an undercover investigation for allegedly accepting a $7,000 cash bribe to write an official letter of support for a daycare center that he believed was seeking a state grant. Since December 2011, Smith and an individual identified as CS-1, who works on Smith’s political campaigns and who, unbeknownst to Smith, was cooperating with the FBI, had numerous conversations about helping a fictional daycare owner obtain a purported state grant in exchange for a political contribution, according to a criminal complaint unsealed after Smith’s arrest. On March 2, Smith provided CS-1 with an official letter of support for the daycare owner to obtain a $50,000 Early Childhood Construction Grant from the state’s Capital Development Board. In return, during a recorded meeting this past Saturday, CS-1 gave Smith $7,000 cash, purportedly from the fictional daycare owner, the complaint alleges.
Smith, 48, of Chicago, was charged with one count of accepting a bribe, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
Smith will appear at 3 p.m. today before Magistrate Judge Nan Nolan in U.S. District Court. Smith was appointed state representative for the 10th District, which covers portions of Chicago’s near west and near northwest sides, in March 2011, and is a candidate for the General Assembly seat in next week’s primary election.
According to the complaint, the FBI began receiving information concerning Smith from CS-1 in December 2011. CS-1, who has known Smith for approximately six years, primarily distributes literature for Smith’s campaign and worked on Smith’s unsuccessful 2010 campaign for Cook County Commissioner. CS-1 told agents that almost immediately following Smith’s appointment as a state representative, Smith agreed to present CS-1 as a contractor so that CS-1 could apply for and receive a state grant, which would be used to pay CS-1 for his/her campaign work. In turn, Smith would take a “fee” for approving the grant, but CS-1 declined the offer.
CS-1 further told agents that since his appointment Smith has talked about his need for assistance in campaign fund-raising, and told CS-1 last fall that he wanted donations in the range of $5,000 to $7,000. CS-1 said Smith stated that he was willing to accommodate donors’ requests so long as they were reasonable.
Acting in coordination with law enforcement, CS-1 met with Smith in December 2011 and told Smith that CS-1 knew a woman who was the owner and a silent partner in a local daycare center, who might be willing to contribute to Smith’s campaign. CS-1 told Smith that the daycare needed repairs and the owner might be looking for a state grant. According to CS-1, Smith said he would help the daycare owner with obtaining a state grant in return for a $5,000 political contribution. Later, Smith told CS-1 that if the daycare owner was “legitimate,” she could come up with a $7,000 contribution.
The complaint affidavit states that the daycare owner was, in fact, fictional, and the daycare center, while a real business, was not applying for a state grant, nor was it seeking to bribe Smith. The Capital Development Board administers an Early Childhood Construction Grant program, which provides funds to assist early childhood centers with the renovation and expansion of their facilities.
The complaint alleges that during multiple consensually recorded in-person meetings and telephone calls since Jan. 24, 2012, Smith agreed to write a letter of support for the purported grant application in exchange for a $7,000 bribe. On Jan. 26, Smith and CS-1 toured the daycare facility and Smith was given information about its purported expansion plans.
Throughout February, Smith and CS-1 had multiple conversations in which CS-1 told Smith that the daycare was applying for an Early Childhood Construction Grant, and confirming that Smith would provide a letter of support in exchange for the daycare owner’s payment of $7,000. On Feb. 28, Smith directed CS-1 to have the daycare owner draft a letter for Smith to sign, adding that his office would fix it with the correct language. Later that day, law enforcement sent a draft letter of support to Smith’s office via email. On Feb. 29, a campaign worker in Smith’s office requested additional information to include in the letter, and after receiving a second draft from law enforcement, replied that it would be ready the next day. On March 2, CS-1 retrieved the letter, which was written on Smith’s official letterhead and was addressed to the Illinois Capital Development Board.. The letter stated in part:
“As a State Representative for the West Humboldt Park neighborhood, I support [Daycare Owner’s purported organization] in their application for a $50,000 Early Childhood Construction Grant from the Illinois Capital Development Board.”
Between March 2 and March 8, Smith and CS-1 discussed how Smith wanted to receive the $7,000 from the daycare owner, and Smith rejected payment by cashier’s check because he didn’t want any trace of the money. Ultimately, Smith allegedly told CS-1 that he wanted the $7,000 in cash, and agreed to give CS-1 $2,000 for arranging the deal.
Just before 3 p.m. on Saturday (March 10), CS-1 met with Smith in Smith’s vehicle and CS-1 counted out the $7,000 – all in $100 bills – for Smith during their recorded meeting. The next day, Smith called CS-1 and told CS-1 to meet him in his car in an alley behind CS-1’s residence, and according to CS-1, Smith gave CS-1 $1,000 in cash, consisting of $20 and $50 bills, which CS-1 gave to agents. In a subsequent phone call on Sunday, Smith said he would pay CS-1 the remaining $1,000 later by check.
The bribery charge carries a maximum penalty of 10 years in prison and a $250,000 fine and restitution is mandatory. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorney Greg Deis.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. [Emphasis added.]
Rep. Smith is scheduled to appear at 3 pm before Judge Nan Nolan in Courtroom 1858 of the Dirksen Federal Courthouse.
Smith is running against Tom Swiss in the Democratic primary. Swiss is the white Republican pol who is operating as a sort of stealth Democrat in the race. Smith is Secretary of State Jesse White’s candidate and worked for White’s office before he was appointed to the House last year.
* 2:40 pm - Tom Swiss says Rep. Smith should resign…
Swiss, has attracted attention for his billboards that feature an African-American construction worker instead of Swiss
“It’s a sad day in Illinois,” Swiss said. “I would call for Derrick Smith to both resign and not continue the race any further. This demonstrates a significant character flaw. I would call on [Speaker of the House] Mike Madigan to withdraw any support of him. He has weighed in with $50,000 or $60,000; staff members and mailings.”
* 2:50 pm - From a press release…
Illinois Republican Party Chairman Calls on Madigan to denounce Representative Derek Smith Demands that Smith resign, remove name from ballot
Following the arrest of State Representative Derek Smith on federal bribery charges, Illinois Republican Party Chairman Pat Brady called on Madigan to denounce Smith’s candidacy and cease all political and financial support.
“Another blemish on Illinois today,” said Brady. “And yet business as usual for Mike Madigan & Co. In light of Mr. Smith’s arrest today, he should immediately step down as State Representative and put an end to his campaign. If he does not, the Chicago Board of Elections office should refuse to count any ballots cast him.”
Chairman Brady went on to say the bribery charges against Smith reflect poorly on Democratic leadership and that Madigan must take firm and swift action. Madigan as already contributed over $63,000 to Smith’s campaign, according to the Illinois Board of Elections.
“Let’s not lose sight of the fact that Smith has taken 9 times as much money from Speaker Madigan than he is alleged to have received in bribes,” said Brady. “I urge Speaker Madigan to immediately end any and all financial contributions to Mr. Smith, and also to join me in asking for his resignation as State Representative and remove his name from the ballot,” said Brady.
Brady added: “Where is Lisa Madigan?”
* 4:00 pm - Rep. Smith waived his right to a preliminary hearing and was released on his own recognizance. No new dates have been set.
* 4:38 pm - From Secretary of State Jesse White…
“I am very disappointed with the conduct alleged in the charges. I am confident this case will be handled fairly and justly by the judicial system.”
* Several people were frustrated when tickets for my charity event sold out in just 13 minutes. As I’ve already told you, I’m turning 50 later this month, so I’m hosting a charity roast of myself to benefit Lutheran Social Services of Illinois on March 31st.
After the tickets sold out so quickly, Maggiano’s Restaurant expanded the room so we could fit another 110 people, but those tickets sold out pretty fast as well. Tickets were only offered to subscribers, they weren’t cheap and the event is being held in Chicago, so some people just couldn’t go.
* Therefore, we’ve decided to hold another party in Springfield. This one will be less expensive and, like the Chicago event, will benefit Lutheran Social Services of Illinois.
The party date is Wednesday, March 28th. Boone’s Saloon is the location. It’ll start after session ends that day and will run until they kick us out. We’ll have a band and a DJ. Cash bar, of course, and some finger food.
This event won’t be a roast. We’ve been kicking around a few ideas for the theme, decorations, etc., but we’re starting to run out of time, so I was wondering if you had any ideas. While the Chicago party is more exclusive and “upscale,” like the subscriber Fax, we’d like to make this party more “interactive,” like the blog.
Any help would be appreciated. Your ideas, please.
* Bob Sirott praised Gov. Pat Quinn this week. I hope his station doesn’t mind, but I’m reprinting the whole thing…
You don’t normally hear anything positive about an elected official on the news – and historically, when it comes to the office of Illinois governor, that’s especially true.
That’s why I thought I’d give a little credit where it’s due tonight: to Pat Quinn.
He’s not running for anything right now, but he was certainly winning over the folks in southern Illinois recently.
By the time news cameras reached tornado ravaged Harrisburg, Illinois, Governor Quinn had already been on the scene. There was something about his demeanor that seemed different from the usual politician making speeches at the site of a natural disaster.
Not slick, but it seemed real. After the cameras went away, Quinn stayed.
It wasn’t on the news, but the governor was in the stands in the gym at that weekend’s Harrisburg Bulldogs high school basketball game. He talked to the players at half-time.
The governor said he was proud of the people in Harrisburg and southern Illinois - the strength, love and spirit of service they showed during that week.
With Rod Blagojevich reporting to federal prison Thursday, giving our state the distinction of having two former governors in prison at the same time, at least we can feel some pride in the way our current governor conducted himself.
His critics will tell you they’re not happy with the way he flip-flops on issues, especially the state income tax.
But like Gerald Ford after Richard Nixon, he has brought a much needed sense of honor back to his office. I think that deserves a mention.
And I think Bob is right. Too often, we’re just too harsh on our leaders. There’s nothing wrong with criticism. I do it all the time. But, hey, every now and then a lighter touch is warranted.
