* This is what I told subscribers back on April 30th…

WRITE BETTER LAWS The complaint filed with the Illinois State Board of Elections alleging illegal coordination between Dan Proft’s independent expenditure committee (People Who Play by the Rules PAC) and Darren Bailey’s 2022 Republican gubernatorial campaign has highlighted some gaping holes in state campaign laws and rules.

State law prohibits coordination between independent expenditure committees and the campaigns they’re supporting. But the law doesn’t define what coordination actually is beyond forbidding “an electioneering communication in connection, consultation, or concert with or at the request or suggestion of a public official or candidate, a public official’s or candidate’s designated political committee or campaign, or an agent or agents of the public official, candidate, or political committee or campaign during any 12-month period.” The Board of Elections’ rules are basically silent beyond that.

And because this is the first such IE coordination complaint ever filed in Illinois, we have no case law, either. But it’s fairly certain that we eventually will have some case law because whoever loses at the board level will undoubtedly appeal to the courts, where just about anything could happen.

So, the judicial branch is going to decide something that probably should’ve already been laid out by lawmakers and the Board of Elections.

It was a long piece, but that’s the basic gist.

* Tribune…

A hearing officer has recommended that the Illinois State Board of Elections dismiss a complaint filed by the state Democratic Party contending political operative and right-wing radio show host Dan Proft and former state Sen. Darren Bailey coordinated campaign spending in Bailey’s unsuccessful 2022 race against Gov. J.B. Pritzker. […]

While state and federal laws say independent expenditure PACs are not allowed to coordinate campaign spending with a candidate, hearing examiner James Tenuto basically said that the complaint against Proft’s PAC cannot be sustained because the state lacks rules to define such coordination.

Tenuto said an examination of the facts and evidence presented “does not demonstrate ‘an agreement or some other activity which indicates some level of material involvement in the decision making between the independent committee and candidate of his campaign.’ Thus ‘coordination’ among the respondents has not been proven.”

Tenuto noted that Democrats cited federal rules and regulations to try to establish proof of coordination between Proft and Bailey. But, he said, “Illinois has not adopted any rules and regulations concerning independent expenditures” and said rules or statutory changes are needed to “clarify which activities are acceptable and/or prohibited in regards to independent expenditures.”

Tenuto recommended the board either dismiss the complaint or find that the alleged violations of coordination had not been proven.

Stay tuned.