Capitol Fax.com - Your Illinois News Radar » *** UPDATED x2 - Drury: “I have instilled a fear in Mike Madigan that has not been seen during his reign in Springfield” *** Drury off the ballot
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*** UPDATED x2 - Drury: “I have instilled a fear in Mike Madigan that has not been seen during his reign in Springfield” *** Drury off the ballot

Friday, Feb 2, 2018

* Cook County Circuit Court Judge Al Paul has knocked Rep. Scott Drury off the ballot. I’m told Drury plans an appeal.

* Here’s some background on the issue at hand

An Illinois State Board of Elections hearing examiner has recommended state Rep. Scott Drury be knocked from the Democratic ballot for Illinois attorney general because he filed an incorrect statement of economic interest — a charge the north suburban lawmaker plans to fight. […]

According to the initial hearing examiner’s recommendation, Drury filed a statement of economic interest, required to run for office, but submitted a statement from April 2017 that he submitted to the Secretary of State for his role as state representative.

Drury’s attorneys claim his statement is accurate because it was filed within a year, which is required. And they argue that even if he had filed one for the attorney general post, it would have been identical to the one submitted. […]

Tenuto writes that Drury’s economic interest statement as state representative is “not applicable” and that he was required to file a new statement for the attorney general’s office. Tenuto writes that members of the General Assembly are in a different unit of government than members of the executive branch, and therefore, his previous statement isn’t valid.

* Meanwhile, in a related development

Early voting, which was set to begin next week, will be delayed in Chicago and suburbs in Cook County, City Board of Elections officials said Friday.

According to an official with the Board of Elections, too many candidate challenges have not yet finished, delaying early voting in the area.

It remains unclear if delays will be seen in other Illinois counties as well.

*** UPDATE 1 *** From Rep. Drury…

“When I entered this race, I knew the party would do anything it could to prevent a proven reformer from becoming Illinois’ next attorney general. I have instilled a fear in Mike Madigan that has not been seen during his reign in Springfield. Justice was not served today, but the battle is not over. We plan to appeal the decision as soon as this afternoon. I trust justice will prevail in the end, and Illinois will get the chance to elect an Attorney General who works for people, not politicians.”

*** UPDATE 2 *** Press release…

“While I am in this race to win it, I believe democracy only works when we are all allowed do our best and put our vision before the voters to decide. I do not agree with these typical machine shenanigans, which are similar to what I faced when I took on the machine in 2016. I hope that Scott’s appeal is successful as he has gotten the necessary signatures and I don’t believe a technicality, an inconsequential and good faith mistake should result in him being knocked off the ballot.
As Democrats, we need to be better than this”

Aaron Goldstein
Candidate for Illinois Attorney General

- Posted by Rich Miller        

51 Comments
  1. - DarkHorse - Friday, Feb 2, 18 @ 1:50 pm:

    Thought Drury did a pretty good job at the Tribune’s AG forum, and it’s too bad if voters will deprived of the chance to vote for him because of what seems to be a technicality.


  2. - walker - Friday, Feb 2, 18 @ 1:53 pm:

    Stupid error on Drury’s part, but not material. let the voters decide.


  3. - Oswego Willy - Friday, Feb 2, 18 @ 1:54 pm:

    The clock struck midnight?


  4. - Lucky Pierre - Friday, Feb 2, 18 @ 1:56 pm:

    Wow big surprise a Cook County judge rules the way Mike Madigan would want him to.

    Nothing to see here folks move along


  5. - Moist von Lipwig - Friday, Feb 2, 18 @ 1:57 pm:

    Whomp whomp whomp


  6. - frisbee - Friday, Feb 2, 18 @ 2:01 pm:

    Don’t they know he is a former federal prosecutor?


  7. - Cubs in '16 - Friday, Feb 2, 18 @ 2:05 pm:

    Would it have been so hard to copy the EIS from April ‘17 and provide a fresh signature & date?


  8. - Boone's is Back - Friday, Feb 2, 18 @ 2:05 pm:

    Fitting end to his political career. We hardly knew ye.


  9. - angry dem - Friday, Feb 2, 18 @ 2:06 pm:

    It’s hypocritical that the party that is the supposed champion of democracy participates in such an undemocratic process. Drury should be kept on the ballot. Madigan and his mafia will stop at nothing to bring down those who challenge him. Madigan and his goons are everything wrong with IL Democrats and democrats in general.


  10. - Oswego Willy - Friday, Feb 2, 18 @ 2:10 pm:

    ===Wow big surprise a Cook County judge rules the way Mike Madigan would want him to.===

    Are you saying the judge is corrupt? How Rauner if you, lol

    ===Drury should be kept on the ballot. Madigan and his mafia will stop at nothing to bring down those who challenge him===

    Is this your legal argument? lol


  11. - low level - Friday, Feb 2, 18 @ 2:15 pm:

    Oh boy- “Madigan”, “goons”, “mafia”’. - angrydem

    Because former federal prosecutor Drury messed up? Right. The other 12 Dems filed as the law said but Scott couldn’t so its someone elses fault and Drury should be held harmless.

    Thats Quite an odd argument for someone I suppose considers themselves a “reformer”.


  12. - Anonymous - Friday, Feb 2, 18 @ 2:18 pm:

    I expect better from a former federal prosecutor.


  13. - angry dem - Friday, Feb 2, 18 @ 2:20 pm:

    Low Level:

    He followed the law. This is pure politics. Madigan is retaliating because he wants to continue to instill fear in his goons. If you don’t do as he says you’re out. I’m sorry but if you can’t see the obvious it isn’t worth talking to you.


  14. - JJ - Friday, Feb 2, 18 @ 2:21 pm:

    Wow didn’t see that coming…


  15. - low level - Friday, Feb 2, 18 @ 2:27 pm:

    Angry dem- I see you are quite angry. Yikes.

    He followed the law? Thank you for your opinion. The judge seems to disagree. As for my “not being worth talking to”
    you may have a point there. Regardless Scott messed up and the other 12 did it correctly.


  16. - Rich Miller - Friday, Feb 2, 18 @ 2:29 pm:

    ===He followed the law. This is pure politics===

    It’s debatable, which is why we have judges.

    But even if you’re right and the judge is a total Madigan goon, don’t you think Drury should’ve been extra careful with his filing in this state? Like somebody said above, just file a new form, for crying out loud. It takes five minutes. Less, even. You wanna tempt fate with something that stupid?


  17. - @misterjayem - Friday, Feb 2, 18 @ 2:29 pm:

    Tenuto writes that Drury’s economic interest statement as state representative is “not applicable” and that he was required to file a new statement for the attorney general’s office. Tenuto writes that members of the General Assembly are in a different unit of government than members of the executive branch, and therefore, his previous statement isn’t valid.

    I’m no Drury fan, but can anyone identify any part of the economic interest form for which the answer for an executive branch office could possibly be different from the answer for a legislative branch office?

    https://www.cyberdriveillinois.com/publications/pdf_publications/i188.pdf

    The repeated (and nearly exclusive) use of the quantifier ‘any’ makes the Illinois economic interest form as broad as possible and one-size-fits-all. The only other quantifier is ‘each’ — and when ‘each’ is used to refer to more than two objects, ‘each’ is synonymous with ‘every’.

    Because the forms are identical — they have to be because there is only one form — and both cover each and every economic interest of a candidate, i.e. ALL OF THEM, any interest addressed by an executive branch candidate’s statement of economic interests would necessarily be addressed by an equally broad legislative branch candidate’s statement of economic interests.

    tl;dr- An Illinois statement of economic interests is an Illinois statement of economic interests is an Illinois statement of economic interests.

    IMHO, YMMV, Etc.,
    – MrJM


  18. - downstate commissioner - Friday, Feb 2, 18 @ 2:32 pm:

    Statement of Economic Interest has a place on it for the position the statement is for. If being filed for two different positions, then two statements have to be filled out. What is standard practice for us locals should be standard for him.
    If he isn’t smart enough to figure this out, then he isn’t smart enough to be Attorney General.


  19. - Just Observing - Friday, Feb 2, 18 @ 2:33 pm:

    === It’s hypocritical that the party that is the supposed champion of democracy participates in such an undemocratic process. ===

    Democrats the champion of democracy and Republicans oppose democracy?


  20. - Soccermom - Friday, Feb 2, 18 @ 2:35 pm:

    Wait - Drury’s a former prosecutor?


  21. - Anon0091 - Friday, Feb 2, 18 @ 2:36 pm:

    I’m supporting another candidate and glad he’s gone, but I just don’t agree. I think the State Board got it right and this judge got it wrong.


  22. - downstate commissioner - Friday, Feb 2, 18 @ 2:36 pm:

    MrJM- think I answered your question while you were writing it…LOL


  23. - downstate commissioner - Friday, Feb 2, 18 @ 2:38 pm:

    Not endorsing him, but I’ll bet that Quinn didn’t make this mistake…


  24. - angry dem - Friday, Feb 2, 18 @ 2:39 pm:

    @RichMiller

    I agree. He should have been more careful. Especially knowing who and what all Madigan controls. BOE agreed that there was no need for a new statement of economic interest. We’ll have to see what happens. Thanks for your insight.


  25. - Soothsayer - Friday, Feb 2, 18 @ 2:41 pm:

    All the talk about Madigan knocking Drury off the ballot leaves me to wonder if I am having a senior moment…wasn’t Marriotti behind Drury’s ballot challenge?


  26. - Oswego Willy - Friday, Feb 2, 18 @ 2:42 pm:

    ===He should have been more careful. Especially knowing who and what all Madigan controls.===

    So… “thanks, but the judge is still corrupt”

    Is that how this works?

    The judge used a legal argument, you are using “Madigan controls”

    Who sounds more foolish, you or the judge?


  27. - Ron Burgundy - Friday, Feb 2, 18 @ 2:43 pm:

    I don’t care one way or the other but this seems kind of hyper-technical and weak to me.

    And of course Quinn would not make this mistake — he’s not currently in any office and he’s done this 100 ( /s) times before.


  28. - P Snake - Friday, Feb 2, 18 @ 2:45 pm:

    I believe ballot access is crucial to democracy. I’m supporting someone else, but this is truly unfortunate.


  29. - The Captain - Friday, Feb 2, 18 @ 2:46 pm:

    LOL. I still think he’ll get back on via appeal but this has been an amusing self-own.


  30. - Leslie Knope - Friday, Feb 2, 18 @ 2:48 pm:

    The argument used to knock him off seems weak to me. I’m no fan of him, but that shouldn’t be allowed.


  31. - HHH - Friday, Feb 2, 18 @ 2:50 pm:

    Can’t say this hasn’t been entertaining. The AG race has been a snooze fest for the most part.


  32. - Urban Girl - Friday, Feb 2, 18 @ 2:57 pm:

    I am no fan of the arcane rules to get on the ballot or of Drury, but this would be a humiliating end for a short-lived political career. I wonder if he was on track to make this mistake when he was running for Governor or did he just get overwhelmed while he was elected office shopping.


  33. - @misterjayem - Friday, Feb 2, 18 @ 3:02 pm:

    “MrJM- think I answered your question while you were writing it…LOL”

    Your rationale does not comport with the hearing examiner’s legislative/executive distinction, i.e. “Had the Candidate submitted a statement of economic interests for an Office in the Executive Branch but designated the wrong office, for example, ‘Treasurer’ rather than ‘Attorney General,’ perhaps the defect could have been characterized as ‘minor.’”

    – MrJM


  34. - wordslinger - Friday, Feb 2, 18 @ 3:12 pm:

    –I have instilled a fear in Mike Madigan that has not been seen during his reign in Springfield.–

    The dude really has a positive self-image.

    Republicans and Democrats get bumped off every cycle for messing up the paperwork. GOP honchos knocked off a few GOP GA candidates a couple of weeks ago. Same as it ever was.


  35. - Blue dog dem - Friday, Feb 2, 18 @ 3:13 pm:

    Gotta love our two party system.


  36. - Oswego Willy - Friday, Feb 2, 18 @ 3:17 pm:

    To both updates…

    File your paperwork correctly, no worry about what can happen after.

    Drury won’t be missed in the House, and that’s what his friends are saying, lol


  37. - Arsenal - Friday, Feb 2, 18 @ 3:17 pm:

    Yes, yes, what a blow to democracy, that voters now only have 7 choices for AG, including 2 former federal prosecutors. What a loss.


  38. - DBC - Friday, Feb 2, 18 @ 3:20 pm:

    =Don’t they know he is a former federal prosecutor?=
    And currently a self-professed Fear Monger.


  39. - northsider(the original) - Friday, Feb 2, 18 @ 3:20 pm:

    I’d have sympathy if he didn’t make a legal mistake when running for the state’s highest legal office.
    It may be a small, but lots of court cases are thrown out over just such things.


  40. - Grand Avenue - Friday, Feb 2, 18 @ 3:20 pm:

    For the record, Aaron Goldstein challenged Dick Mell’s petitions in 2016, and Mell did not challenge Goldstein’s.


  41. - wordslinger - Friday, Feb 2, 18 @ 3:22 pm:

    Doesn’t instill a lot of confidence in an AG who can’t get the basic filing thingy correct.

    You have to file things as AG, correct?


  42. - Orzo - Friday, Feb 2, 18 @ 3:22 pm:

    In the Trump era, if a judge rules a way you do not like, you immediately claim bias and corruption. This is notwithstanding the whiners know nothing of the judge or his background or, I suspect, the relevant law. I expect more enlightened comments from Cap Fax readers. But the Trumpian (Raunerian?) meme “you ruled against me so you are corrupt” is pervasive.


  43. - low level - Friday, Feb 2, 18 @ 3:38 pm:

    “I instilled a fear … “.
    Whoa, Scott. Somehow I didnt see you moving much in the race and your sense of vicimization is rather amazing, but I gotta say:

    you’re in Dunkin territory now!!!! (Or perhaps Trump)


  44. - Feel It - Friday, Feb 2, 18 @ 3:40 pm:

    Out of all the candidates in this race, I admire Aaron the most. He’s honest and down to earth.


  45. - King Louis XVI - Friday, Feb 2, 18 @ 3:46 pm:

    —this seems kind of hyper-technical—

    The law is hyper-technical. Court cases are won or lost every day on technicalities, as Mr. Drury knows. That fact separates good lawyers from bad.


  46. - Anon - Friday, Feb 2, 18 @ 3:48 pm:

    - Soothsayer - Friday, Feb 2, 18 @ 2:41 pm:

    All the talk about Madigan knocking Drury off the ballot leaves me to wonder if I am having a senior moment…wasn’t Marriotti behind Drury’s ballot challenge?

    No, Drury challenged Mariotti, which was denied. Drury was challenged by a union person. Perhaps Drury should have put more energy into his own filings rather than his frivolous challenge against Mariotti.


  47. - Just Observing - Friday, Feb 2, 18 @ 3:55 pm:

    If Drury succeeds and gets back on the ballot, this hiccup will probably work in his favor — he gets a little press and he gets to thump his chest and claim that Madigan is doing everything he can to keep him off the ballot because Madigan is peeing in his pants over the prospect of a Drury AG. Of course, though, Drury still ain’t gonna win the race even if he gets back on the ballot.


  48. - Arthur Andersen - Friday, Feb 2, 18 @ 4:17 pm:

    Maybe someone will send him a nice clock as a consolation prize.


  49. - titan - Friday, Feb 2, 18 @ 4:34 pm:

    Section 7-12(8) of the Election Code provides:

    “(8) Nomination papers filed under this Section are not valid if the candidate named therein fails to file a statement of economic interests as required by the Illinois Governmental Ethics Act in relation to his candidacy with the appropriate officer by the end of the period for the filing of nomination papers unless he has filed a statement of economic interests in relation to the same governmental unit with that officer within a year preceding the date on which such nomination papers were filed….”

    The whole case revolves around whether the legislative branch of the state is the “same governmental unit” as the executive branch.


  50. - W Flag - Friday, Feb 2, 18 @ 5:08 pm:

    Thank you for providing the name of the judge. The Sun-Times story omitted it.


  51. - @misterjayem - Friday, Feb 2, 18 @ 5:42 pm:

    Section 7-12(8) of the Election Code provides:

    “(8) Nomination papers filed under this Section are not valid if the candidate named therein fails to file a statement of economic interests as required by the Illinois Governmental Ethics Act in relation to his candidacy with the appropriate officer by the end of the period for the filing of nomination papers unless he has filed a statement of economic interests in relation to the same governmental unit with that officer within a year preceding the date on which such nomination papers were filed….”

    The whole case revolves around whether the legislative branch of the state is the “same governmental unit” as the executive branch.

    The governmental unit distinction in Sec. 7-12(8) is between 1) economic interest forms filed with the Secretary of State (candidates that file petitions with the State Board of Elections), and 2) economic interest forms filed with the county clerk in the county in which the principal office of the unit of local government with which the person is associated is located. The governmental units in question are the state and the county.

    That distinction is legit because the SoS statements of economic interest and the county statements of economic interest are different forms with different questions calling for different answers. (As I noted above there is only one SoS statement of economic interest regardless of whether one is running for a legislative or an executive branch office. Same form. Same questions. Same answers.)

    – MrJM


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