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Elections board deadlocks again on Harmon, won’t impose fines and refunds

Tuesday, Nov 18, 2025 - Posted by Rich Miller

* Background is here if you need it. You’ll recall that the Illinois State Board of Elections deadlocked last month on whether Senate President Don Harmon’s campaign committee was responsible for nearly $10 million in fines and refunds after he continued accepting campaign contributions above the state limit beyond an end-point set by a board staffer via a letter. Harmon’s legal counsel Mike Kasper claimed the staff cut-off point was counter to state law.

After the tie vote, the board’s deputy general counsel declared that the assessments would be imposed. Kasper and several board members argued, however, that state law and judicial precedent are clear that the board cannot impose any sanctions without a majority.

* The state board met again today. The board’s deputy general counsel Jordan Andrew had this to say before the vote

So my recommendation to the board today is to first vote on whether to impose the penalties contained in the June 5, 2025 notice. If at least five members vote to assess the penalties, then I can recommend an additional clarifying motion to ensure the board’s action is clear for judicial review if needed. Conversely, if at least five members vote against assessing the penalties, then the appeal can be granted because no violation of the election code was found and no penalties would be owed.

Now, if the board votes four to four on whether to assess penalties, no penalties will be owed because there will be no determination by at least five members that the committee violated [state law].

The board split again 4-4. Other votes were taken, but the long and short of it is that Harmon’s committee is off the hook.

* Meanwhile

Illinois Senate President Don Harmon is facing a new challenge over a State Board of Elections staff finding that his campaign committee owes $9.8 million in fines for accepting campaign contributions in excess of state limitations.

The libertarian-leaning Liberty Justice Center, which frequently advocates on behalf of Republican causes, last week filed a citizen-initiated complaint with the election board regarding Harmon’s committee. The move could allow the matter to go to court and sidestep the bipartisan election panel’s stalemate on the issue. […]

The complaint filed through the Liberty Justice Center follows along the staff-initiated finding that Harmon violated the law. But as a citizen-initiated complaint, it could allow a court to review whether the board followed state law or to seek a judicial mandate requiring the board to act.

It’s not clear whether the courts would hear that, but we’ll see.

       

12 Comments »
  1. - NotRich - Tuesday, Nov 18, 25 @ 12:30 pm:

    Sometimes a tie isn’t “like kissing your sister”!! It’s a victory.


  2. - HappyGoLucky - Tuesday, Nov 18, 25 @ 12:36 pm:

    If my political committee made an error I would be fined and have to pay a penalty.

    But that’s because I’m not a powerful politician and president of the state senate.

    Let’s stop pretending we live in a progressive state just because our great democratic majority pontificates before the alter of progressive social issues.

    Anyway if youll excuse me I have to go pay my property tax bill that increased by %20 this year.

    Ah progres!


  3. - hmmm - Tuesday, Nov 18, 25 @ 1:00 pm:

    Fact of the matter is the Election Board is split evenly, Ds and Rs. Who else is really surprised by the outcome????


  4. - Harrison - Tuesday, Nov 18, 25 @ 1:01 pm:

    My household deadlocked on whether or not we should pay the second installment on our property taxes that’s due the week before Christmas.

    Tough luck Cook County


  5. - City Zen - Tuesday, Nov 18, 25 @ 1:02 pm:

    ==The libertarian-leaning Liberty Justice Center, which frequently advocates on behalf of Republican causes==

    Election fairness is a Republican cause? Where’s the ACLU?


  6. - Homebody - Tuesday, Nov 18, 25 @ 1:04 pm:

    The absolutely biggest travesty in American politics is how much people are willing to excuse bad behavior by people on “their” side.


  7. - Three Dimensional Checkers - Tuesday, Nov 18, 25 @ 1:14 pm:

    Nice legal work if you can get it. All the other times Harmon self funded based on BoE staff’s understanding of “elections” did not help his case, but I guess he is safe. Why didn’t he just stick with the program? Better safe than sorry.


  8. - here we go again - Tuesday, Nov 18, 25 @ 1:15 pm:

    No Kings! Except when it’s our guy. Then all cool. Got it.


  9. - Sue - Tuesday, Nov 18, 25 @ 1:22 pm:

    So have there been any instances in which a board member voted to penalize someone of their own party or is it a given that the laws are effectively unenforceable because they will always be ties?


  10. - 4-4 4ever - Tuesday, Nov 18, 25 @ 1:40 pm:

    The nice thing about the Board of Elections is that it entrenches the two major parties so they can always beat up 3rd party/independent candidates, meaning that accountability is always reserved for those without political power. Love to see it


  11. - Rich Miller - Tuesday, Nov 18, 25 @ 1:40 pm:

    ===My household deadlocked on whether or not===

    Just stop.

    First of all, it’s not at all clear that the board staff’s interpretation of the law in question is valid. Staff has made several mistakes on this case. So a split on the board was anticipated.

    Secondly, the law is abundantly clear that a 4-4 tie means no penalties can be enforced. This was the most egregious staff mistake at the last hearing.

    The system, while very flawed, was set up this way to prevent a single political party from dominating the proceedings.

    I’d be open to hearing suggestions for change. I’m not interested in your playground analyses.


  12. - Candy Dogood - Tuesday, Nov 18, 25 @ 1:41 pm:

    ===The board split again 4-4. ===

    Nothing more clearly reduces this board to irrelevance than them deciding that they really just make campaign finance suggestions.

    What of their oaths to the people of this State and to our Constitution?

    Yet another albatross for our state government.


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