“I understand that the last couple of weeks have been difficult for our caucus and party, and I have had many candid conversations with members of the Democratic caucus on this matter. The feedback is positive and demonstrates continued support for me and my leadership roles. I have no plans to resign. I have never made a legislative decision with improper motives and any claim otherwise is unfounded. I will continue to lead the effort to defeat Donald Trump, expand the Illinois congressional delegation and the majorities in the Illinois House and Senate.”
State Sen. Andy Manar, D-Bunker Hill, told WMAY he would like to see a special session of the legislature to deal with ethics reforms.
“The time has come to do them,” Manar said. “These [various ethics reforms proposals] have been around for a very, very long time and I think most of them would receive broad bipartisan support from both sides of the aisle.”
But Manar said Madigan should only step down if he’s indicted, something he said: “could be coming at any time.”
Pritzker Thursday said the Speaker needs to speak up.
“I think the Speaker has an enormous amount to answer for,” Pritzker said. “There are questions that the public needs to hear the answer to. I do too. So that’s what I would start with here, questions, about, you know, what happened here?”
The following is a statement from State Rep. Kelly Cassidy, in response to recent news about Illinois Democratic House Speaker Michael J. Madigan and the federal investigation into ComEd:
“I have long been an outspoken critic of Speaker Madigan, but I have always stopped short of calling for his resignation, deferring to many of my colleagues’ concerns about due process. In fact, many have cited the so-called ‘Arroyo rule,’ referring to the Speaker’s own declaration that a colleague who was under indictment should resign or be removed. As a leader on criminal justice reform, I feel strongly about the principles of innocent until proven guilty and the right to due process. I also believe leadership must be held to a higher standard, and it is clear that the constant drip of corruption stories will interfere with our ability to advance a progressive agenda. Whether these investigations ultimately implicate him or continue to pick away at his inner circle, the damage is done.”
“We are heading into the most consequential election of my lifetime. Democrats are in serious races up and down the ballot. And thanks in large part to the bold, progressive leadership of Gov. Pritzker, we finally have a Fair Tax Amendment on the ballot–something I have worked toward for most of my adult life. I cannot pretend that we have another minute to wait and see, or look the other way and hope for the best. The stakes are too high. Speaker Madigan must step down from his leadership roles, both in the House and in our party.”
“Finally, I must note that I am following the lead of several of my colleagues–particularly first term women–who spoke up, despite the risk of political repercussions. In a truly democratic body, everyone should feel safe taking a principled stand without fear of retaliation. I plan to do everything in my power to make sure anyone who shares our values of equity and fairness is not left in the cold because they decided it was time for new leadership.”
My son found out today about his upcoming football season. My thoughts? The Devil is about fear and isolation. Does he own you? How much more of my son's childhood are we going to steal? Death will eventually come for everyone. 1/ #ILSen#Twillpic.twitter.com/9Lc5ylPPhv
— Fmr. Sheriff Mark Curran (R-IL) 🇺🇸 (@ElectMarkCurran) July 29, 2020
…Adding… I’m not sure what this proves, but OK…
Hi Rich,
My name’s Jim Minardi and I am the Communications Director for the Curran campaign.
I am responding to the post you did today on your website of a tweet THREAD the campaign put out in response to the change in IHSA sports schedules. Why did you leave out the rest of the thread? There were two other tweets in the reaction Mark wrote. Please correct immediately and provide your readers the full context of Mark’s thought, tweets 1-3. The other tweets were written by staff as the account is primarily staff managed which is clearly stated in the bio.
Screen shot of tweet two and three (the remaining context of Mark’s thoughts) are attached. Please update your post accordingly. And clarify with your readers.
News: Speaker Madigan in damage control mode. Several House Democrats tell me he’s placing personal calls to gauge their support for him. This comes as six Democrats in the legislature — all women so far — have called for him to immediately resign. He’s feeling pressure.
Four Democratic Illinois lawmakers told NBC 5 Thursday that House Speaker Michael Madigan contacted them individually to ask if he should step down, as calls for him to resign continue to grow after he was implicated in a federal court filing alleging a bribery scheme with ComEd that lasted nearly a decade.
One of the legislators said Madigan called at around 9 a.m. Thursday. Another lawmaker who Madigan consulted said they told him he should not resign - saying that Democrats needed to focus on defeating President Donald Trump in November, and that a vacancy in party leadership less than 100 days before the election would harm that effort.
NBC 5 is not identifying the lawmakers, who requested anonymity to openly discuss the ongoing developments. A spokesman for Madigan did not immediately respond to request for comment.
The sources, two members of Madigan’s 73-member House majority, said the 78-year-old speaker was asking members of his caucus if they agreed with two Democrats, state Reps. Terra Costa Howard of Glen Ellyn and Stephanie Kifowit of Oswego, who have asked Madigan to step down from his governmental post. Howard also said Madigan should resign as state Democratic chair.
One person in the United States died about every minute from COVID-19 on Wednesday as the national death toll surpassed 150,000, the highest in the world
The United States recorded 1,461 new deaths on Wednesday, the highest one-day increase since 1,484 on May 27, according to a Reuters tally.
U.S. coronavirus deaths are rising at their fastest rate in two months and have increased by 10,000 in the past 11 days.
Dr. Anthony Fauci suggested Wednesday that Americans should consider wearing goggles or a face shield in order to prevent spreading or catching COVID-19.
“If you have goggles or an eye shield, you should use it,” the nation’s top infectious disease expert told ABC News Chief Medical Correspondent Dr. Jennifer Ashton during an Instagram Live conversation on ABC News.
When asked if we’re going to get to a point where eye protection is recommended, the director of the National Institute of Allergy and Infectious Diseases responded, “It might, if you really want perfect protection of the mucosal surfaces.”
“You have mucosa in the nose, mucosa in the mouth, but you also have mucosa in the eye,” he continued. “Theoretically, you should protect all the mucosal surfaces. So if you have goggles or an eye shield you should use it.”
Illinois Governor J.B. Pritzker visited the Peoria County Health Department Thursday to address concerns regarding COVID-19. The county is among four that state health officials last week said had reached a “warning level” for their coronavirus metrics, with two or more COVID-19 risk indicators.
Pritzker said things are “moving backwards” and there needs to be “real change” in Peoria County. If the region has four more days of people getting sicker and more needing hospital admissions, bars will be ordered to close again and that there would be more restrictions on restaurant services, the Governor said.
At all times, it is important that the Illinois General Assembly be able to conduct its legislative duties safely, effectively and in open view of the public. This remains true during emergencies such as the ongoing COVID-19 pandemic. To ensure a fully functioning legislature now and in the future, the Civic Federation urges the General Assembly to authorize virtual legislative sessions and committee meetings during the rare occasions when face-to-face gatherings are too dangerous. All remote sessions and meetings should be accessible to the public through widely available technology.
Sangamon County Wednesday reported its highest daily total of new COVID-19 cases – 49 – part of a trend of rising numbers the director of the county’s health department called alarming.
“People are not listening or taking advantage of the guidance to wear masks and socially distance,” said Gail O’Neill, the department director. “That appears to be the problem, especially in so many young people.”
Bars, restaurants and families were key to the spread of the infection, O’Neill said.
Of the 49 newly identified infected people, 31 were younger than 40. The new cases include a 5-month-old, a 6-year-old, five female and one male teens, eight women and eight men in their 20s, seven women in their 30s, two women and two men in their 40s, two women and three men in their 50s, three women and two men in their 60s, a woman and man in their 70s and a woman and man in their 80s.
Egyptian Health Department is sounding the alarm about an increase in COVID-19 cases and hospitalizations in southeastern Illinois.
“We have had quite the spike in cases in our local communities that we serve,” said Angie Hampton, CEO of the health department that covers Saline, Gallatin and White counties. “The numbers are real,” she added, “and they are concerning to us.”
On July 1, Saline County had reported a total of nine cases since the start of the pandemic. By Wednesday, it had reported 87 cases.
During that same time period, Gallatin County has seen its total case count rise from 2 to 42; and White County’s cases have increased from 5 to 54.
* Meanwhile…
Just returned from a trip to the Shawnee in Southern Illinois. The natural beauty was great. The Confederate flags in rural front yards were unnerving. My husband got called a sissy for wearing a mask while paying inside a crowded restaurant (we had eaten outside). pic.twitter.com/ZBaw9tNp4d
The Illinois Department of Public Health (IDPH) today announced 1,772 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.
- Champaign County: 1 female 90s
- Cook County: 1 male 50s, 1 male 60s, 1 female 70s, 2 males 70s, 1 female 80s, 2 males 80s
- DeKalb County: 1 female 80s, 1 female 90s
- DuPage County: 1 male 80s
- Kane County: 1 female 70s
- Kankakee County: 1 male 60s
- Lake County:1 male 80s
- Macon County: 1 male 50s
- Madison County: 1 male 60s
- Winnebago County: 1 male 80s
Currently, IDPH is reporting a total of 176,896 cases, including 7,478 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 41,134 specimens for a total of 2,649,786. The preliminary seven-day statewide positivity for cases as a percent of total test from July 23 –July 29 is 3.8%. As of last night, 1,452 people in Illinois were reported to be in the hospital with COVID-19. Of those, 353 patients were in the ICU and 149 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
The attorney challenging aspects of Illinois Gov. JB Pritzker’s COVID-19 response said Wednesday he would halt the progress of his “dozen or so” lawsuits if legislators return to Springfield.
At the heart of Thomas DeVore’s many cases in several Illinois counties is the question of whether an Illinois governor is constitutionally and legally authorized to exercise unilateral control over the management of a disaster, such as the public health emergency posed by the novel coronavirus. […]
In an open letter DeVore sent to the General Assembly’s four legislative leaders Wednesday afternoon, the attorney wrote he is “imploring” lawmakers to determine rules for schools and businesses so both can safely resume operations without harming public health. […]
Spokespeople for three of the leaders — House Speaker Michael Madigan (D-Chicago), House Minority Leader Jim Durkin (R-Western Springs) and Senate Minority Leader Bill Brady (R-Bloomington) — did not return requests for comment at the time of publication.
A spokesperson for Senate President Don Harmon (D-Oak Park) wrote in an email that “the Senate has no plans at this time to reconvene before the scheduled veto session in November.”
I dunno. Maybe win a court case outside of Clay County first? Or at least allow something to be appealed?
“I applaud the women who are calling for new leadership for the Democratic Party of Illinois. I agree with the powerful statements issued by State Senators Heather Steans and Melinda Bush. The time for change is now,” says Martinez.
Last year, I called on Madigan to resign after WBEZ reported that Mike McClain, who is directly tied to Madigan, sent an email in 2012 urging the administration of then-governor Quinn to be lenient in a disciplinary case against a state worker who kept quiet about “the rape in Champaign.”
Before that shocking email became public, I called on Madigan to explain himself or resign as chairman of the DPI following revelations about a culture of sexual harassment within DPI and Madigan’s political office. At the time, Madigan claimed he knew nothing about the claims of a female employee who said she’d been sexually harassed by a manager who worked directly for Madigan. He also claimed he knew nothing about payments his cronies made to the accused harasser.
Ten days ago, ComEd admitted in federal court filings to engaging in a decade-long scheme to bribe Madigan. The company agreed to pay a $200 million fine for its wrongdoing. Though Madigan again claims he did nothing wrong, his many controversies are too distracting for him to remain in leadership.
Defeating Donald Trump is a priority matter for all Democrats. Every day that Madigan remains chairman of DPI is another day we are focused on Madigan’s controversies instead of our critical electoral contests.
I am asking my fellow DPI members to come together, call for Madigan’s resignation, and hold a special meeting to elect a new leader. Our party and our state deserve better.
A definitive answer [about the Lincoln stovepipe hat controversy] might be within reach, but shortly after museum trustees and members of the museum’s foundation, which owns the hat, decided to consult with clothing experts, the museum fired the man who came up with a plan to resolve the controversy.
Via email, ALPLM spokesman Chris Wills says that former state historian Sam Wheeler was terminated “for performance.” In a December report, Wheeler had been critical of higher-ups at the institution and in the governor’s office for demanding that he publish findings before his hat research was complete. In his report, Wheeler wrote that he hadn’t been able to confirm the hat’s authenticity and recommended that it be examined by clothing and textile experts.
Wheeler first proposed experts in the spring of 2019, but that didn’t happen. Asked then to allow an examination of the hat, the foundation said it wanted to collaborate on the research project, according to Wheeler’s report, and the matter went no further. Finally, during a July 7 meeting that included museum trustees and members of the nonprofit board, an agreement was reached: Wheeler would find experts to come to Springfield and examine the hat. The Smithsonian was mentioned.
“It’s putting a smile on my face,” Wheeler declared during the meeting when members of the foundation and museum boards approved his plan. “I love to see this level of collaboration, and it is a story I will tell often.”
Eight days later, Wheeler was fired. His dismissal wasn’t discussed at a July 15 trustee meeting that adjourned shortly before Wheeler was reportedly escorted from the building.
* The Question: Should the state try to turn over administration of the ALPLM to the National Archives and Records Administration, which administers other presidential libraries? Take the poll and then explain your answer in comments, please…
* Leader Durkin had previously issued one of those “if true” statements about Speaker Madigan. Gov. Pritzker mentioned Durkin’s comments yesterday to defend his own “if true” demand. Welp…
Illinois House Republican Leader Jim Durkin released the following statement regarding the call for Speaker Madigan’s immediate resignation and will be filing a House resolution to call for another vote on Speaker for the Illinois House of Representatives:
“The federal charges outlined in the ComEd prosecution highlight a scheme solely for the benefit of Speaker Madigan. These facts are a disgrace of the highest level to the citizens of Illinois and to the institution of which we serve, the Illinois House of Representatives.
The House Rules for the 101st General Assembly provide great responsibilities and duties of the Speaker of the House. After reviewing the facts contained in the ComEd deferred prosecution agreement, it is abundantly clear that Michael J. Madigan is unable to execute his responsibilities as Speaker of the Illinois House of Representatives and as state representative for the 22nd House District.
I call for the immediate resignation of Speaker Madigan from the Illinois House of Representatives, and will be filing a resolution to have the House Chamber vote on a new Speaker immediately.”
…Adding… HRO…
State Representative candidates Amy Elik, Lisa Ciampoli, and David Friess released the following statements regarding the ongoing corruption scandal surrounding House Speaker Michael Madigan and State Representatives Monica Bristow (IL-111), Katie Stuart (IL-112), Nathan Reitz’s (IL-116), continued silence on the matter as their Democratic legislative colleagues call for Madigan’s resignation.
“It’s impossible to reform Illinois as long as Speaker Madigan remains in power,” said Amy Elik, state representative candidate for the 111th district. “Speaker Madigan continues to block any chance of ethics reform, property tax reform, and term limits, and Monica Bristow is a willing conspirator by remaining silent.”
“The people are demanding change to how Springfield operates,” said Lisa Ciampoli, state representative candidate for the 112th district. “Speaker Madigan has a clear conflict of interest to continue serving as speaker. It’s time for him to step down, and for Katie Stuart to stop playing follow the leader by remaining silent on the matter.”
“Speaker Madigan cannot lead the House of Representatives, and must resign,” said David Friess, state representative candidate for the 116th district. “It’s time for Nathan Reitz to end his silence and let his constituents know if he’s with them or Speaker Madigan.”
This incident is not the first-time area state representatives failed to speak out. When WBEZ covered the story alleging a “powerful former Springfield lobbyist and close friend of House Speaker Madigan” covered up a rape in Champaign and ghost payrolling of government workers, State Representatives Bristow, Stuart, and Reitz failed to hold Madigan accountable.
Alaina Hampton, the individual who sued and settled with Madigan’s operation for sexual harassment, noted in a July 26, 2019 tweet to the Democratic Women’s Caucus, saying:
“I’ve now been waiting a year & a half for you to support me publicly, or even address me by name in a statement. Where are you? What is your stance? We all want to know.”
Why are Representatives Bristow, Reitz, and Stuart among the few House Democrats yet to speak out on Speaker Madigan?
In his first public comments since Commonwealth Edison admitted a Springfield bribery scheme, CEO Joe Dominguez said Wednesday he was sorry for the power company’s conduct – but quickly added that he did not think the public suffered as a result of the scandal.
“I wanted to apologize on behalf of the entire company,” Dominguez told officials at a meeting of the Illinois Commerce Commission, which regulates ComEd and other public utilities in the state.
Dominguez quickly pivoted from that mea culpa to show the limits of his contrition. He focused largely on defending the company’s overall performance as excellent – and protecting the legislative gains ComEd achieved during the eight-year-long bribery scheme. […]
In an effort to add what he said was “context” for his company’s state regulators, Dominguez told the ICC that the “deferred prosecution agreement,” or DPA, with the U.S. attorney’s office in Chicago “is not a criminal conviction of ComEd” and that “a few orchestrated the improper conduct” but most employees do a superb job.
Dominguez also said the state laws mentioned in the deal with federal law enforcement authorities actually had benefited the people of Illinois, even though lawmakers locked in electricity delivery rate hikes.
ComEd doesn’t have $200 million in cash flow to pay the fine, Dominguez told commissioners, so it would borrow the money from its parent company, Exelon. […]
“In order to pay the government, Exelon, like other large holding companies, has a cash balance, is able to use some of that cash. It goes down to ComEd so that it meets its obligation under the [deferred prosecution agreement] to make that payment. In the future, when we otherwise would have provided our profits to the shareholder, our profits are actually going to repay that $200 million. At the end of the day, the capital structure remains the same and shareholders, not customers, will pay all of the fine.”
The utility is strengthening its compliance practices outside of the federal investigation, Gomez told Illinois regulators. Cost changes and percentages that will fall on ratepayers for the compliance function are not available, she added.
ICC commissioners insisted that ComEd’s ratepayers should not fund any changes the utility makes in reaction to the deferred prosecution agreement.
Commission Chair Carrie Zalewski told Dominguez and Glockner that she wasn’t comfortable “with one penny” of ratepayer money going to an improved compliance system made necessary by actions over nearly a decade at ComEd that resulted in a criminal charge of bribery.
“I find it very hard to believe Exelon was going to enhance their policies regardless,” she said.
As part of the deal to defer prosecution of bribery charges against the company, ComEd and its parent company Exelon agreed to pay the fine, to cooperate with a continuing federal investigation, to adopt internal policies and controls regarding their dealings with public officials to prevent similar crimes from occurring again and to file reports with the U.S. Attorney’s office at least once every 12 months detailing how it is complying with the terms of the agreement.
“They create, among other things, a detailed tracking system to capture information about our interactions with public officials,” said David Glocker, Exelon’s executive vice president for compliance and audit. “Going forward, beginning when these policies went into effect on July 6, any request, recommendation or referral from a public official has to be reported, has to be tracked, and it can only be acted on with the concurrence of a series of people within the organization, including, importantly, the compliance function.”
Legislators and other electeds routinely forward constituent complaints to utility companies.
*** UPDATE *** From ComEd…
All requests, referrals and recommendations from public officials for things of value for themselves or others will be reported and tracked. The only exceptions are routine requests for constituent assistance or information.
Here’s an opening sentence one might only get to write in an Illinois newspaper:
Nearly two weeks after admitting to a bombshell bribery charge, ComEd executives outlined their ethics reform plan to a panel of state regulators led by the relative of an alleged player in the criminal plot.
Illinois Commerce Commission Chairwoman Carrie Zalewski, whose agency oversees utility rates and safety practices, opened Wednesday’s meeting with demands for “transparency” and “accountability” in light of federal court records that allege ComEd engaged in a “yearslong bribery scheme” involving jobs, contracts and payments to allies of House Speaker Michael Madigan.
One of the Madigan associates that prosecutors say got such a job? Carrie Zalewski’s father-in-law, former 23rd Ward Ald. Michael Zalewski.
That connection was largely ignored during the hearing, however, even as Zalewski herself called the payments “unethical.”
“I have not done anything wrong,” Carrie Zalewski shot back, and added, “I take umbrage at the assumption.”
Oliva is a Republican appointee of former Gov. Bruce Rauner. Rauner’s ICC chairman, Brien Sheahan, was quickly replaced with Zalewski after Gov. J.B. Pritzker took office. Zalewski since has reversed some of Sheahan’s policies and priorities.
President Donald Trump is for the first time floating a “delay” to the Nov. 3 presidential election, as he makes unsubstantiated allegations that increased mail-in voting will result in fraud.
Rock Island County Clerk Karen Kinney is asking voters to disregard absentee ballot request forms arriving with a return address of Peoria, saying she has received hundreds of calls to her office from concerned voters. […]
“While this is technically legal, these outside groups do not meet the high standards of protecting the process that I do,” Kinney said. […]
Rock Island County Republican Party Chairman Drue Mielke said Wednesday his office participated in sending out the ballot request applications from Peoria and that voters can trust the process. […]
Mielke said the Rock Island County Republican Party partnered with the Whiteside and Peoria County Republican parties to send ballot applications to all registered voters in the three counties as a way to pool resources and increase voter participation. He said once the applications are filled out and returned to Peoria, all Rock Island County applications will be forwarded to Kinney’s office.
So… they send ballot applications to voters in Rock Island and Whiteside counties with a Peoria return address and they think this is OK in this environment?
If I was a tinfoil hatter, I’d think they were deliberately trying to bolster the president’s arguments. But I’m guessing they’re not that bright.
While Gov. JB Pritzker issued a new executive order this week allowing for transfers into state prisons at the discretion of the Illinois Department of Corrections director, an association representing the state’s sheriffs contends that the move was more show than substance.
Jim Kaitschuk, executive director of the Illinois Sheriffs’ Association, said Wednesday that the new order’s stipulation that transfers are allowed “within the sole discretion of the Director of IDOC” effectively renders the latest executive order inconsequential.
“I think the perception was from the EO that he issued on Monday was that the prisons were open,” Kaitschuk said. “Well, that’s not factually accurate. It’s kind of like having a sign on your door for a business saying it’s open, but the door’s locked.” […]
The requirements are difficult for county jails to meet, Kaitschuk argued, because COVID-19 test results must have been received within three days before the transfer, and tests results often take longer than that. If an inmate has to leave a facility for a test, that restarts the requirement of 14 days of quarantine as well.
The Democratic Party of Illinois (DPI) today unveiled an updated website and branding as a part of a larger effort to make the state Democratic party more accessible to voters on digital platforms – a key step in getting out the vote during the most consequential election in a lifetime and in a heavily virtual world due to the COVID-19 public health crisis.
“As a part of our work to make Illinois Democrats more accessible to voters, we’ve updated our website to help Illinois residents better understand our issue platforms, get to know our elected officials and candidates, and easily get involved in our efforts to elect Democrats up and down the ballot,” Michael J. Madigan, Chairman of the Democratic Party of Illinois, said.
DPI’s versatile website will be updated regularly to provide voters information on safely and easily voting by mail and about critical Democratic initiatives and ballot measures, including the Fair Tax amendment that will level the playing field for middle- and low-income taxpayers across the state. The new website provides voters with updates on the 2020 election and ways to get involved virtually, as well as allowing voters to quickly contact their local county Democratic party, as well as 2020 candidates running in their area.
“Our updated website is just one step in a larger effort to better connect with candidates, volunteers, and voters in every corner of Illinois,” Madigan added. “The Democratic Party of Illinois believes the strength of the party lies in its diversity, and is expanding the ways we reach voters of all backgrounds.”
Gross domestic product from April to June plunged 32.9% on an annualized basis, according to the Commerce Department’s first reading on the data released Thursday. Economists surveyed by Dow Jones had been looking for a drop of 34.7%.
Still, it was the worst drop ever, with the closest previously coming in mid-1921.
In yet another sign that the economic recovery is teetering in a resurgence of coronavirus cases, the number of Americans filing first-time unemployment claims rose for the second week in a row.
Some 1.4 million people filed for initial jobless claims last week, up 12,000 from the prior week’s revised level, which was the first increase in 16 weeks.
On an unadjusted basis, 1.2 million people filed first-time claims, down 171,000 from the week before. The seasonal adjustments are traditionally used to smooth out the data, but that has tended to have the opposite effect during the pandemic.
Continued claims, which count workers who have filed for at least two weeks in a row, stood at 17 million for the week ending July 18, up 867,000 from the prior week’s revised level. These seasonally adjusted claims peaked in May at nearly 25 million.
*** UPDATE 1 *** One Illinois…
The news was far better in Illinois, where new claims dropped 4,000 to 32,000 last week from 36,000 the week before. Claims for expanded federal benefits for independent contractors, freelancers, and so-called gig workers not eligible for conventional unemployment dropped precipitously, from a record 74,000 the week before to just 6,000 last week.
That PUA spike last week was really odd.
*** UPDATE 2 *** Press release…
“Today’s announcement of a 32.9 percent drop in U.S. GDP, the largest on record, reiterates what the Chamber has been saying all along - that the government must address both the economic and public health crises simultaneously,” said Illinois Chamber President and CEO Todd Maisch.
“These dual crises necessitate that the administration weigh the priorities of job creators on equal footing with the dictates of scientists. While Illinois is releasing daily public health metrics, we cannot have state government considering economic metrics as an inconvenient afterthought. COVID-19 has created both crises, but we have to recognize that government decisions have contributed to the implosion of our economy.
That is why the Chamber is reiterating our call for four actions:
· Suspension of the minimum wage increase, that makes it even harder for small businesses to reopen;
· Immediate suspension of support for the progressive income tax amendment, that will put another burden on job creators forcing them across state lines;
· A complete repudiation of CEJA, a piece of legislation that threatens all Illinoisans with increased energy costs; and
· A rapid review of regulations to reduce red tape and administrative costs on employers.”
* Rep. Terra Costa Howard (D-Glen Ellyn) defeated GOP Rep. Peter Breen in 2018…
After careful thought and deliberation, I am calling for Michael J. Madigan to resign as Speaker of the House and Chair of the Democratic Party of Illinois.
The sworn statements in the U.S. Attorney’s agreement with Commonwealth Edison detail a years-long scheme of payoffs and bribery involving many of Speaker Madigan’s closest allies. Even if he was not directly involved in this scheme, these accusations clearly demonstrate that the Speaker’s leadership has failed.
Speaker Madigan has a duty to recognize that these allegations have cast a deep shadow on the reputation of our House. He must take action now to avoid inflicting further damage on the members of the House and the Democratic Party.
Speaker Madigan has not been charged with any crime, and he — like all of us — is entitled to the presumption of innocence and due process. But the corruption and unethical behavior that have been revealed by this investigation make it impossible for Rep. Madigan to continue in his leadership roles. I hope he will do the honorable thing and step down.
*** UPDATE *** And another one…
This morning I electronically delivered a letter to Speaker Madigan's office demanding he step down as Speaker of the House. pic.twitter.com/EN8XueKAyR
…Adding… With all the stuff going on in DC, they still decided to weigh in here…
U.S. Representatives Rodney Davis (IL-13) and Darin LaHood (IL-18), and Illinois State Representative Tim Butler (HD-87) today criticized Governor J.B. Pritzker’s new restrictions on youth sports, which cancel competitive fall play for football, basketball, volleyball, and other sports.
“There should not be one-size-fits-all regulations for youth sports statewide,” said Rep. Davis. “As Governor Pritzker’s rules currently stand, competitive play for sports like football and basketball is cancelled statewide for as long as the Governor wants. That’s the wrong approach. As a former youth football and baseball coach, I believe local schools, in consultation with parents, athletes, coaches, and their conferences, should get the final say. The Governor’s Office has no business determining who can and cannot play youth sports. This is yet another overreach from Governor Pritzker.”
“As a father of three boys who play sports year round, I understand the integral role athletics play in the education of our children and their mental and physical health. A one-size-fits-all structure to regulating youth sports is not the right approach in a state as regionally diverse as Illinois. This is a clear overreach by Governor Pritzker, and there will be significant health consequences for our children because of these rules,” said Rep. LaHood.
“From day one of his executive orders, the Governor has said he relies solely upon science to make his decisions,” said Butler. “Well, where is his science on these decisions today? Why are sports like lacrosse or ultimate frisbee a higher risk level than basketball and soccer? What is the science on four different levels of play? Yet again, the Governor seems to be making these decisions completely on his own, and certainly with no input from any other elected official.”
Governor Pritzker’s new restrictions “pertains to all youth and adult recreational sports, including, but not limited to, school-based sports (IHSA & IESA), travel clubs, private leagues and clubs, recreational leagues and centers, and park district sports programs.”
With Congress debating another relief package to protect the economy from the coronavirus pandemic, state governments likely will receive federal money to offset revenue losses, Illinois included.
Please, Washington: Don’t turn this fifth go-round in COVID-19 aid into a bailout of poorly managed states like ours.
Any money flowing to Illinois should come with strings attached to ensure federal money is reserved strictly for the purpose of addressing virus-related losses. Insist that funds coming here are commensurate with those going to other states. Demand transparency for every dime spent. Don’t let federal aid for a global health pandemic expand into a rescue effort of Illinois for its decades of reckless state government spending.
Why the training wheels for Illinois? Senate President Don Harmon put it in writing. In April, he wrote to members of Illinois’ congressional delegation asking for $41.6 billion in coronavirus aid, including $10 billion for Illinois pensions. It was an outrageous request following decades of overspending. Illinois’ credit rating is among the nation’s worst. That “ask” had little to do with public health and everything to do with the irresponsible habits of Illinois politicians. Don’t be fooled.
For the Chicago Tribune Editorial Board to say our federal aid request had “little to do with public health” is disingenuous at best and a flat out lie at worst.
That request specifically asked for the single largest public health investment in Illinois minority communities in modern history.
It is an overdue investment.
It comes at a time when people in Black and Brown communities are being infected, hospitalized and dying at rates exceeding any other community.
It comes as a time when there is growing recognition of these communities’ economic, social and human needs being ignored decade after decade.
That’s why we sought $1 billion in public health investment targeted to these underserved, disproportionately impacted neighborhoods. We also requested hardship pay for the heroes working on the front lines against this virus in health care facilities.
The Tribune Editorial Board skipped all that.
Those are especially hard items to overlook given they were included in Tribune news coverage. Perhaps the Editorial Board should read the paper.
The Tribune Editorial Board’s views on federal relief are stunningly tone deaf at a time when millions of Illinoisans are facing unemployment, food insecurity and lingering racial divisions. I could point out the numerous errors in their argument and judgement, but that’s another letter for another time.
The Editorial Board may score political points in some circles with its finger wagging refrain. I hope it satisfies them. The rest of us will remain focused on getting Illinois through this crisis.
* Related…
* Ben Bernanke: I Was Chairman of the Federal Reserve. Save the States.
The following is a joint statement from Illinois Education Association President Kathi Griffin and Illinois Federation of Teachers President Dan Montgomery:
“Together, the Illinois Education Association and Illinois Federation of Teachers represent 238,000 employees in public and private schools, colleges and universities in the state of Illinois and in doing so we protect the safety of more than 2.5 million students. We believe that some types of in-person instruction can be achieved with health and safety mitigation in any individual community, but absent a practical safety plan that includes a clear line of responsibility and enforcement, we call for the 2020-21 school year to begin with remote learning.
We are working to ensure that any district providing in-person instruction in Illinois is prepared and able to abide by the safety measures outlined by the state, the federal government, and medical professionals. If those measures are not met, we will do everything we can to protect our students and those who care for them – teachers and professors, bus drivers, classroom aides, secretaries, building janitors and everyone in between. No avenue or action is off the table – the courts, the Illinois Educational Labor Relations Board - nothing, including health and safety strikes. The entire weight of the IEA and the IFT will be used in whatever way is necessary to protect the students and the staff who educate them.
If a return-to-learning plan is not safe, we will act. Our working conditions are our students’ learning conditions. Unions were founded on workplace safety. The COVID-19 pandemic brings us back to our roots. This is the power of belonging to a union – to be able to collectively stand to protect those who need it – employees, students and their families. We especially need to protect those students who live in communities where health care is lacking, non-existent or unaffordable. We are in this together and we are in this to keep everyone healthy, safe and learning.
Since this pandemic began, our members have risen to the occasion. We rebuilt the public education system in a week. We delivered food and schoolwork, dove headfirst into remote learning, and did our best to provide normalcy and emotional support for our students. We miss them. We want to see them more than anything, but we want to do it safely.
For districts who have worked cooperatively with local union leadership, with the community and have successfully abided by all safety measures outlined in official guidance or made the decision to begin the academic year remotely, we commend and thank you.
* The governor was asked that since he’s limiting youth sports, what does that say about schools…
I think each school is trying to set plans for their school. I’ve said all along here that the, the ISBE has been putting out guidance to make sure that there are some basic requirements like masking in schools that are adhered to. But because each school is so much different, they’re different campuses, they’re differently configured buildings, different numbers of people in a building per square foot. We really want those schools to make decisions for themselves. But there’s no doubt about it, I’m watching very closely. If the numbers continue to rise, you know we’re moving on. Regions if they trip the 8% metric or the other metrics that we’ve set out to try to put mitigations in place and we’re watching carefully about schools and whether or not you know they’re opening and doing the right thing. Opening safely I’m particularly concerned about school districts that are talking about opening, without any masks, which is, of course, against the rules in the state of Illinois. It’s also unsafe and unhealthy for not just the kids, but also the teachers, the administrators the paraprofessionals, and the families who come to school often several times a week.
Please remember to pardon all transcription errors.
* He was asked yet again why he wouldn’t institute travel quarantines like the mayor did…
We have many people that live in border communities who might work on the other side of the border. On both sides I might add. People who live in Wisconsin work in Illinois, you live in Illinois and work in Iowa and so on. I don’t want to restrict their activities.
I do think this is exactly the example of why we needed national mandates why we needed a national strategy around COVID-19. Because you can’t there’s no way to protect a border, you know we have half the positivity rate of some of our neighbors and a third of others. And I would like very much to, you know, to have Illinois be, you know, the lowest in the nation. I’d also like to have the whole nation that their positivity rates go down. So, I just don’t think it’s practical and so I haven’t imposed that. But I will adhere to that rule because I live in the city of Chicago.
He added that his family will also adhere to the rules.
* Will these youth sports regulations begin immediately?…
No, I believe the start date is the middle of the month because there are sports going on now. So we’ve tried to ease into it but I’ll get you the exact start date.
* The governor was asked about the growing calls for Speaker Madigan’s resignation and the scandal’s impact on his “Fair tax” proposal this fall…
Well, let me begin by saying that we, there is genuinely a problem that needs to be addressed with ethics legislation in the state, no doubt about it and I’ve been very clear about the many pieces of that legislation that I will be okay. I put those out months ago in fact you’ve seen for example the this revolving door where people are in the legislature one day, and they flip around and become a lobbyist or a consultant the next day for Commonwealth Edison or somebody else. So we need to move on ethics legislation no doubt about it.
In addition to that, I would say, I am concerned overall, there has been a history in Illinois among Republicans and among Democrats of corruption. To address this. There’s just no doubt I think there’s cynicism that abounds among voters and rightfully so when you hear about what Commonwealth Edison did and what anybody that was engaged may have done. So, those are things that I worry about all the time and I will pay very close attention. I think that it affects the politics. I think that the swamp in Washington DC that the President has created is another thing that plays a role in the cynicism of people in Illinois. I think we’ve got to address that one too.
* Follow-up on impact on his fair tax proposal…
I know that there are people who would like to have these things related to one another. They’re not. The truth is that we have an unfair tax system in the state of Illinois in which wealthy people pay the same rate in state taxes as people who are middle class or people who are working class. That’s not fair. There ought to be a higher rate for people who are millionaires and billionaires and there ought to be a lower rate for people who are working class, middle class families trying to make ends meet. That’s what this is about. I think that’s what people understand about it. It’s why it is doing well, in general, in people’s minds and I think why it’ll succeed.
* Governor, you said in January that when there’s “clear” evidence of targeting by criminal investigators, “that’s the point at which folks should step aside.” Do you not see clear evidence of this with Speaker Madigan? And if not, why not?…
Well I have been clear that, you know when there is a raid, when there is a an indictment, you know I have called for people to step down from their positions, or to resign. So I have said the same thing. I’ve said that, you know, if you know if these allegations are true, the speaker should, is going to be required to resign, in my view. By the way, that’s the same thing that the Republican caucus leaders in the General Assembly said when they responded.
[That was my question, by the way, because it came from an interview I did with him back in January. Thanks to Mary Ann Ahern for pressing the issue.]
“But that’s not what Sen. Steans said”…
I think everybody’s, as you’ve seen there have been a variety of reactions to this. I think there are three or four people that have said what Senator Steans has said, but I’m just saying, this is the standard that I think is reasonable. And it’s the standard I would add again that the leaders of the opposition have said as well.
Today we’re going to discuss youth sports. As I’ve noted previously among incidents that lead to higher rates of community spread. The outbreaks tied to youth sports are particularly troubling.
During a previous update I noted that dozens of students and parents tested positive in a Lake Zurich outbreak that was worsened by sports camps and a teen softball league in Knox County was plagued by similar issues.
On its own, and for the safety of its players and families, the Central Illinois Youth Football League entirely canceled its youth season. On Sunday, the football program in Tuscola, Illinois cut off all activities until further notice.
Nationally over half of states have districts that have shut down training, due to COVID-19 outbreaks.
Whether they’re new to the game, or have been training since they could walk, kids want to play sports. Parents want to cheer from the stands and watch the kids succeed and offer some occasionally unsolicited advice for the next game.
Some young people are working toward a scholarship so that they can fund their college education. These are incredibly important moments in the lives of our children and our families and interrupting the season for our athletes and their fans is not a choice that anyone wants to make.
But when the multi million dollar, multi billion dollar sports leagues with multi million dollar athletes are struggling to protect their players, it’s obvious that there won’t be enough protection for kids on our school playing fields. The NBA has resorted to containing its players in aOrlando, to press on with its season, MLB is facing down a major outbreak just days into its abbreviated fan free season.
This virus is unrelenting, and it spreads so easily that no amount of restriction seems to keep it off the playing field or out of the locker room.
And it’s very painful, frankly, for all of us to make this realization. But with rising rates of spread of the virus, with rising positivity rates throughout Illinois, and the entire United States, this is a situation where the toughest choice is also the safest choice.
Therefore today, my administration is releasing new guidance restricting youth and adult recreational organized sports in Illinois. That Aincludes school based sports such as those governing governed by the IHSA and IES, travel clubs, private leagues, recreational leagues and sports centers and Park District sports programs, just to name a few. In the array of examples, we have worked in consultation with the governing bodies of many of these organized sports programs and collectively. We hope that when metrics and risks improve measurably, we will be able to restart the sports. I want to be clear that the restrictions issued today do not include professional sports leagues, or collegiate level sports.
I know our hearts break when we hear the word restrictions, especially when it comes to our children’s love for their sports, whether this year is their first time on the court, or it’s their senior year season.
This isn’t news that anyone wants to hear. But this virus remains dangerous to kids and parents and grandparents, teachers and coaches and for right now. This is the best thing that we can do for the health and safety of our families. Under the current circumstances, based upon their inherent risk level and based upon minimal contact between athletes and their proximity during play. There are certain sports whose seasons can move forward with more limited restrictions. Tennis and baseball as examples simply don’t carry the higher risk inherent in contact sports like wrestling and football. That differentiation is reflected in these guidelines which categorize each sport into three overarching risk levels, lower, medium, and higher.
Think of these guidelines like a grid. Three risk levels of sports and four tiers of levels of play, based on current public health conditions.
At each of the four tiers, different aspects of play are permitted, from no contact practices that include conditioning and training at level one to full scale tournaments in level four. Effective August 15, lower risk sports like tennis, and baseball and golf can be played at levels one, two and three, with activities like no contact practices, team scrimmages and certain competitive games allowed with IDPH safety guidelines.
Medium risk sports like basketball, soccer and volleyball can be played at levels one and two, with no contact practices and team scrimmages allowed.
And higher risk sports like football hockey and lacrosse can be played at level one with no contact practices and trainings and conditioning.
I won’t go through all the sports and what activities are allowed at each level for each sport, but you can read all about these in the guidelines on the state’s coronavirus website. I will also add that the IHSA, the independent body that regulates most school sports. is meeting now to determine how fall sports should move forward in a way that is safe.
Confusing enough?
That website is here. As I type this, the guidelines are not there.
…Adding… This is how it was quickly explained to me: Sports are categorized by risk level and then how they can play is in four levels depending on risk starting with just practice to full play. But basically high risk sports seasons are moved further out to spring. And sports like golf and tennis are low risk so can play with health guidance
The Illinois Department of Public Health (IDPH) today announced 1,393 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.
- Carroll County: 1 male 80s
- Cook County: 1 female 20s, 1 male 50s, 2 males 60s, 1 female 70s, 1 male 70s, 1 female 80s
- DeKalb County: 1 female 70s
- Kane County: 1 female 60s, 2 female 90s
- Kankakee County: 1 female 60s
- Kendall County: 1 male 70s
- Montgomery County: 1 male 50s
- Peoria County: 1 male 80s
- Saline County: 1 male 70s
- Winnebago County: 1 male 70s
Currently, IDPH is reporting a total of 175,124 cases, including 7,462 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 38,187 specimens for a total of 2,608,652. The preliminary seven-day statewide positivity for cases as a percent of total test from July 22 –July 28 is 3.8%. As of last night, 1,491 people in Illinois were reported to be in the hospital with COVID-19. Of those, 355 patients were in the ICU and 152 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
Illinois Gov. JB Pritzker is contending a federal decree, which has been in place 48 years and authorizes oversight of state employment practices, is no longer needed because the state has “reformed” itself and made patronage a thing of the past.
“After nearly half a century, it is time for the 1972 decree to sunset,” Pritzker said in a July 14 court document, drawn up by Illinois Assistant Attorney General Brent Stratton.
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to the Shakman Decrees, federal court orders which bar Illinois government from letting politics improperly control government jobs and allows for federal oversight of hiring practices in Cook County and Springfield.
Noelle Brennan, a lawyer appointed as a monitor under the decree, filed a report Feb. 6 in which she noted work had started toward a comprehensive employment plan for state government. However, Brennan said Pritzker’s office had begun restricting communication between her team and state agencies. In October, Brennan reported the state had failed to put together rules and guidelines to “address certain current systemic practices that are vulnerable to manipulation” or which could violate the Shakman decree.
As an example, Brennan said some employees are given temporary or interim promotions, which sidesteps oversight and the competitive process. Brennan asked District Judge Edmond Chang to broaden the scope of her watchdog activities.
First, the State has reformed its employment practices to unquestionably pass constitutional muster. The State has instituted a durable solution to prevent future patronage employment practices. It has a comprehensive “exempt list” – approved by the Plaintiffs, the Special Master, and the Court – which the Court identified as the central infirmity of the State’s prior employment practices when Plaintiffs sought supplemental relief in 2014 and 2016. addition, the State, by statute, has instituted an independent oversight structure in the Office of Executive Inspector General, which has within it a dedicated Hiring and Employment Monitoring Division – comprised of ten professionals with expertise and experience in monitoring the State’s employment practices to prevent and uncover political and other forms of discrimination, misconduct, and inefficiency.
In addition, the Special Master exhaustively has monitored the State’s employment policies and practices for the past six years, and has filed 350 pages of detailed reports describing her work and her findings. Those reports acknowledge the State’s “significant progress,” e.g., Dkt. 6565 at 1, and do not identify a single patronage violation during that timeframe – let alone the kind of widespread illegal policies or practices to justify continued systemic intervention.
Second, during the protracted life of the decree, this case has become unmoored from the Constitution. Article III confines courts to cases and controversies involving individual federal rights. To ensure the presence of a case and controversy, Article III requires, as an irreducible constitutional minimum, an injury that is fairly traceable to the defendant’s allegedly unlawful conduct, and that is likely to be redressed by the requested relief. E.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Plaintiffs are two private lawyers who, regardless of how they came to be litigants in 1969, now in no respects satisfy this constitutional minimum. They simply are not affected, let alone injured, by the State’s employment policies – they are not State employees and have no desire to become State employees.
A half century ago, Plaintiffs obtained a foothold to standing and to a federal forum by complaining of a specific patronage scheme. Plaintiffs alleged that as an independent candidate for the 1970 Illinois Constitutional Convention and a voter supporting that candidate, they were injured by a systemic practice whereby incumbents forced public employees to do political work and make political donations at the risk of being fired. Plaintiffs alleged that this army of campaign workers co-opted from the ranks of public employees tipped the electoral playing field such that candidates and voters themselves suffered cognizable injury.
Now, almost five decades since the decree was entered, Plaintiffs do not and cannot plausibly assert that the State is perpetuating any such scheme. Similarly, the standing jurisprudence that originally (although tenuously) recognized Plaintiffs’ claim to involve a justiciable case-and-controversy has evolved to unequivocally preclude litigating generalized grievances and policy preferences in the federal courts. The factual and legal predicates upon which the federal court originally entered the 1972 decree therefore no longer exist.
As a result, the Constitution compels termination of the decree, not its continued existence. In evaluating whether to vacate a consent decree, “concerns of federalism should factor strongly into the court’s analysis.” O’Sullivan v. City of Chicago, 396 F.3d 843, 868 (7th Cir. 2005). “Unless there is a substantial claim under federal law, the district judge should not enter or continue to enforce a consent decree affecting the operation of a governmental body.” Evans v. City of Chicago, 10 F.3d 474, 482 (7th Cir. 1993). There remains no case-and- controversy and no federal interest in this case to justify the extraordinary intrusion of a federal court into sovereign State affairs.
As explained further below, these developments compel an unequivocal conclusion: there is no basis for continued federal court involvement in the State’s employment practices. After nearly half a century, it is time for the 1972 decree to sunset.
The Illinois State Board of Elections closed its Springfield office Tuesday for about two weeks after a staff member tested positive for COVID-19, according to an agency spokesperson.
The board was notified Sunday that a staff member was showing coronavirus symptoms and had been tested after coming into contact with someone infected with it, the Illinois Times first reported. Test results came back positive Tuesday, which is when the office decided to close until at least Aug. 10, according to Matt Dietrich, a state board spokesman.
Several other staff members began showing symptoms on Monday and Tuesday and have been tested, Dietrich said in an email.
“Pending those results, we are initiating procedures to have the office disinfected and thoroughly cleaned prior to staff returning to the office,” he said.
Maybe they should spend more time worrying about the HVAC system. This virus appears to mainly spread through the air, after all…
Building specialists are poring over how well heavy-duty filters block microbes and considering whether to install systems that use ultraviolet light or electrically charged particles in the ductwork to kill the virus. Companies including Honeywell International Inc., Carrier Global Corp. and Trane Technologies Plc are benefiting from the surge in demand, offering everything from air-monitoring sensors to portable filter machines to help make up for deficiencies in ventilation.
The board became aware of an issue on Sunday, Dietrich said, when an employee who had been in contact with an infected person began exhibiting symptoms. Employees were told of the issue, Dietrich said, and just two people were in the building on Monday, the deadline for filing objections to third-party candidates and ballot issues. Twenty-five objections were filed on Monday, Dietrich said, with objectors required to wear masks in the building while social distancing was maintained.
With outside observers present, the agency is due to review objections on Aug. 6, one day before the building is scheduled to reopen, Dietrich said. “We’ll have to make some provisions to do that,” he said. If the review takes place on Aug. 7, the November election will not be affected, he added. “If we have to wait an extra day, it’s not a crisis,” Dietrich said.
A phased reopening of the agency began last month, when 25 percent of the staff returned to the building. Last week, 75 percent of the staff was back, Dietrich said, and the agency had been scheduled to return to full staffing next week.
Illinois’ attorney general asked a federal judge Monday to dismiss a lawsuit alleging Gov. JB Pritzker’s executive orders closing non-essential businesses and workplaces are unconstitutional.
A group of Chicagoland business owners argued the governor’s COVID-19 restrictions amount to the confiscation of private property without monetary compensation. Such an action would violate the U.S. and Illinois constitutions, they say.
Those orders “caused the seizure of private property, business interests and livelihoods of individuals across the state, forcing indefinite closures and the layoff of hundreds of thousands of people,” according to the group’s complaint, an amended version of which was filed in June. […]
Alan Bruggeman, a Mokena-based attorney representing the group, wrote in a court filing that by classifying some businesses as essential and others as non-essential, Pritzker’s executive orders were “applied in a completely arbitrary and capricious manner.”
The governor’s actions, he added, “simply picked winners and losers without regard to” Illinoisans’ right to petition the government to reconsider its COVID-19-related rules.
1. Plaintiffs filed their First Amended Complaint on June 4, 2020, alleging that the Executive Orders issued by Governor Pritzker to address the COVID-19 pandemic violated the Takings Clause of the Fifth Amendment and Illinois Constitution; Plaintiffs also bring claims under 42 U.S.C. § 1983 for substantive and procedural due process violations. See ECF No. 9.
2. However, all of Plaintiffs’ claims are unable to survive a motion to dismiss.
3. First, Plaintiffs’ claims are barred by the Eleventh Amendment as Plaintiffs cannot seek damages in Federal Court against the State or the Governor in his official capacity. This includes Plaintiffs’ claims for equitable relief as those claims also seek compensation from the State treasury and, further, there is an available state remedy to Plaintiffs.
4. This court also lacks subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) for any claims for injunctive relief.
5. Even if Plaintiffs’ claims were not barred by the Eleventh Amendment or for a lack of subject matter jurisdiction, they have failed to plead a takings claim under the Fifth Amendment or Illinois Constitution because Governor Pritzker’s actions were taken pursuant to his authority under the public necessity or police powers doctrines. Even under a traditional takings analysis, Plaintiffs’ takings claims fail as they were not subject to a physical invasion or per se regulatory taking or a compensable regulatory taking under the Fifth Amendment or Illinois Constitution. 6. Plaintiffs’ substantive due process claim fails as they have failed to establish any liberty interest that was violated and the Governor’s decisions were related to a legitimate government interest.
7. Finally, Plaintiffs’ procedural due process claim fails as they were not entitled to a pre-deprivation hearing before the Executive Orders went into effect and there are adequate post-deprivation procedures in place that Plaintiffs could pursue.
A commissioner at the state agency that oversees Commonwealth Edison has called on the head of the Illinois Commerce Commission to recuse herself from a public meeting with executives from the corrupt power company, according to an internal ICC letter obtained Tuesday by WBEZ.
ComEd executives are scheduled to appear at the ICC meeting Wednesday to answer questions about the utility giant’s admission that it had engaged in a long-running bribery scheme in Springfield.
One of the five ICC commissioners, Sadzi Martha Oliva, wrote that she was “deeply troubled” to see the commission’s chairwoman, Carrie Zalewski, was planning to participate in the meeting on ComEd’s “ethics reforms” despite her father-in-law’s involvement in the corruption scandal. […]
Four days after Oliva’s letter, top ICC lawyer Philip Kosanovich replied that he disagreed with her.
“I have reviewed the statutes and rules language you cited,” Kosanovich wrote. “I am aware of no facts that would require Chairman Zalewski’s recusal from the July 29, 2020 proceedings involving Commonwealth Edison Company.”
Scratch the surface, though, and you’ll see that Commissioner Oliva is by most accounts a pretty reliable supporter of ComEd at the ICC.
The Illinois Commerce Commission has agreed to settle a lawsuit, filed by Illinois PIRG Education Fund and GlidePath, that alleged it deliberately excluded select consumer advocates and industry experts from participating in its NextGrid Study process, while allowing ComEd and Ameren to fund, shape, and approve a report designed to influence Illinois energy policy.
The final NextGrid report, which has been blocked from publication by a court injunction for more than a year, must now include the following disclaimer stating that the study was funded by ComEd and Ameren and should not be used to influence policy or regulation:
“This Report is not a consensus document and it is not intended to advise or guide legislators, regulators, or other policy makers, or to otherwise be used as a basis for legislation, regulation, policy, or ratemaking. This Report was funded by Commonwealth Edison and Ameren at a cost to the ratepayers of Illinois. The contract executed as part of the process states that the report is to be compiled for the ICC, under the direction of Commonwealth Edison and Ameren, and requires prior review by Commonwealth Edison and Ameren to be deemed complete.”
In June 2018, Illinois PIRG Education Fund, an independent consumer advocate, and GlidePath, a leading independent developer and owner of advanced energy and energy storage systems, sued the ICC and its former Chairman Brien Sheahan for violating the Illinois Open Meetings Act after they were excluded from NextGrid working groups. In that litigation, the ICC admitted that NextGrid meetings did not comply with the Open Meetings Act and agreed in a court order to comply with the Open Meetings Act thereafter.
The ICC claimed the NextGrid Study was an open and transparent process and issued a public call for interested parties to become members of NextGrid working groups. But through depositions and filings, the lawsuit revealed that the ICC, ComEd, and Ameren worked together with former Chairman Sheahan and handpicked individuals to determine which companies and individuals would be allowed to participate in the working groups and which would be blocked from doing so.
Witnesses testified that ComEd objected to GlidePath’s participation in the study before GlidePath was blocked from participating. Testimony also recounted how Chairman Sheahan decided to remove a member from a NextGrid working group and directed a staff member to disconnect the phone line of another participant during a working group meeting.
“The documents in this case show a state regulator working to benefit the very utilities it should be regulating by cherry-picking utility-friendly participants and excluding those that would challenge the utilities’ control,” said Dan Foley, founder of GlidePath. “It’s unfortunate that it took a lawsuit to bring these facts to light, but we hope this settlement will help reduce the undue influence utilities have held over our regulators for far too long.”
“When utilities are allowed to shape energy policy and regulation, the public suffers,” said Abe Scarr, executive director of Illinois PIRG. “We’re proud to have made this step toward increased transparency and public participation in Illinois’ energy system.”
Oliva was at the ICC when that all went down and backed the study and the way it was all constructed to apparently favor the utilities.
* The contractor released the report anyway, which prompted Chair Zalewski and three other ICC members to release a statement condemning the report…
We recently became aware of the release of University of Illinois’ Next Grid Report (“Report”), and the dissemination of the Report by a former Commissioner of the Illinois Commerce Commission (“Commission”). Considering the potential for confusion, it is incumbent upon us to clarify the Report’s implications for Illinois and the nation. Simply put, this Report is not suited for any regulatory, legislative, or policy pursuit within Illinois or any other jurisdiction.
Oliva was the only commissioner who did not sign the statement.
Everything I’ve been told about Zalewski is that she’s been a competent and fair chair. So, it would be about the most Illinois thing ever if an ICC Chair like that was forced off the commission over an issue with her father-in-law.
* And if you’re still interested in this topic, click here and read Illinois PIRG State Director Abe Scarr’s written testimony to the ICC today. There are some sound recommendations at that link.
A lawyer representing former state historian Samuel Wheeler said Wheeler was never told of any problems with his job performance before being fired this month.
Chris Wills, spokesman for the Abraham Lincoln Presidential Library and Museum, said Tuesday that Wheeler was “terminated for performance.” Wheeler’s last day was July 15.
“Dr. Wheeler was never informed of any performance issues, and from my understanding of the facts, what he did was what he was asked to do,” said Springfield attorney Carl Draper, who represents Wheeler. “He wrote the reports he was asked to report, and he tried to fulfill his obligations that relate to his job duties.”
Meanwhile, Ray LaHood, ALPLM chairman of the board – the state agency for which Wheeler worked – said Tuesday that the governor’s office wants a different role for the state historian. That is one of two titles Wheeler held in his $88,080-a-year job — the other being director of research.
“I think it was clear from the governor’s office that they wanted to go in a different direction with the position of historian and make it more like the poet laureate,” said LaHood, a former member of Congress and U.S. secretary of transportation. He said the position would be subject to a term appointment and the historian would travel the state giving speeches at schools and universities, and also lecture at the Lincoln library and museum in Springfield.
So, which is it? Or is it both?
…Adding… Good questions…
A ceremonial, talking-head "state historian" and a pared-down research division at ALPLM, for what reason? What problem would this major shift–one that will need approval from the General Assembly–supposedly solve?
* You’ll recall the county sheriffs sued the state over its refusal to accept transfers from local jails. Jerry Nowicki at Capitol News Illinois had the eagle eye…
Pritzker’s executive order No. 50 of 2020 — the 46th related to COVID-19 — was signed Monday night, allowing for the transfer of inmates from county jails to IDOC facilities.
With the exception of transfers made at the discretion of the IDOC director, the practice had been on hold since March 26 when the governor signed an order aimed at limiting spread of the virus at state correctional facilities.
An internal IDOC memo issued Monday, when the transfers were to resume, outlined that any prisoner being transferred would be masked, and 50-passenger transfer buses would be limited to carrying 12 inmates, all socially distanced. Temperature checks and testing would be conducted at multiple points.
Someone being transferred to a facility must quarantine for 14 days prior to the transfer, and a COVID-19 test must be performed within 72 hours of the transfer. Proof of a negative test will be sent with the transferee to the new facility.
The outbreak of COVID-19 cases reported by Bradley University last week, which now totals 12 affected students, is likely attributed to an off-campus “social gathering,” the school’s president said in an email on Monday.
The school did contact tracing from an initial positive test, and officials there believe the spread occurred “as a result of a small off-campus social gathering where the use of masks and physical distancing did not occur,” President Stephen Standifird stated in the communique.
“This event highlights the importance of remaining vigilant about engaging in behaviors proven to slow the spread of the virus,” he added. “Face masks, physical distancing and frequent hand washing matter. This case also highlights the importance of an aggressive testing and contact tracing routine.”
Initially the school reported eight students positive on Thursday, then amended that to 10 on Friday before reporting 12 on Monday. Some of the students were involved in the school’s orientation program assisting incoming students, but on Friday Bradley stated that the spread is not believed to be connected to the orientation sessions conducted for incoming students.
* The Question: How confident are you that universities can open and then remain open throughout the fall semester? Make sure to explain your answer. Thanks.
* Gov. Pritzker announced the hiring of someone to run the state’s contact tracing program on May 1, almost two full months ago. Dr. Wayne Duffus promised a “soft rollout” by the end of May. But Kelsey Landis with the Belleville News-Democrat reports that finding information about the state’s contact tracing efforts is nearly impossible and people who want contracts are still waiting to hear from the state…
Health experts say contact tracing is essential to slowing the virus’ spread and to ascertaining when it’s safe to reopen portions of the economy or shut them down.
Yet few details on Illinois’ efforts are readily available to the public. The Illinois Department of Public Health did not respond to a request for information about contact tracing metrics. […]
After learning about the need, community colleges and universities statewide started to train hundreds of people who hoped to become tracers. Experts such as Silva leveraged their resources to make ready. But she said her group, the Contact Tracing Corps, is still waiting to hear from the state after submitting an interest form more than a month ago. […]
Massachusetts also includes a status for contact tracing on its daily update, telling residents whether their efforts are increasing, holding steady or decreasing.
Kellie Steele, a medical student helping with Loyola’s contact tracing collaborative, hopes the state will follow the lead of states like Massachusetts in its transparency about contact tracing. But Illinois isn’t the only state failing to provide that information, she added.
Illinois Gov. JB Pritzker’s administration is replacing two top Illinois Department of Public Health officials in charge of the state’s efforts to stop the spread of COVID-19 through nursing homes, WBEZ has learned.
Nursing home residents account for more than half of deaths in Illinois tied to the coronavirus, according to state data. The personnel moves come as the state’s daily COVID case numbers begin to shoot up again as the state opens up.
Debra Bryars, the IDPH deputy director who headed the Office of Health Care Regulation, left last Monday and has been replaced by Daniel Levad, a long-time IDPH staff member, department spokeswoman Melaney Arnold confirmed.
Levad, named the office’s acting deputy director, until recently was chief of an IDPH section focused on intermediate care facilities for individuals with intellectual disabilities.
The administration is totally mum on this topic, as well.
ComEd made its first court appearance Tuesday since being hit with bombshell federal bribery charges involving House Speaker Michael Madigan’s political operation — and if all goes as planned, it may be one of the company’s last.
In a brief hearing at the Dirksen U.S. Courthouse, prosecutors and lawyers for ComEd agreed that after a formal arraignment next week, the company would not have to return to court until 2023, when a three-year deferred prosecution agreement with the government is set to expire. […]
Assistant U.S. Attorney Amarjeet Bhachu told the judge that due to the deferred prosecution agreement, ComEd does not have to enter a plea at its Aug. 5 arraignment. Reid Schar, lead attorney for ComEd, said if the company did enter a plea, it would be not guilty.
“There may be no need to come back short of the government ultimately dismissing the (charges) at the end of the three years,” said Schar, who as an assistant U.S. attorney a decade ago led the prosecution of Illinois’ previous “Public Official A,” former-Gov. Rod Blagojevich.
Interesting. I hadn’t really considered that plea angle. Thoughts?
…Adding… As a commenter suggests, this sort of thing may be the reason the company agreed to the deal…
A class action lawsuit filed Monday against ComEd alleges the utility company overcharged customers by $150 million through rate increases it got as a result of a bribery scheme.
Ten days ago, ComEd admitted it took part in a bribery scheme linked to Illinois elected officials and agreed to pay a $200 million settlement.
ComEd “unjustly enriched itself by overcharging its 4 million customers in Illinois for years,” the law firm, Romanucci & Blandin, said in a statement.
The Illinois Department of Public Health (IDPH) today announced 1,076 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 30 additional confirmed deaths.
- Champaign County – 1 male 70s
- Coles County: 1 female 30s, 1 female 40s, 1 female 80s
- Cook County: 1 male 40s, 1 female 50s, 2 male 50s, 2 females 60s, 1 female 70s, 1 female 80s, 3 males 80s, 3 females 90s, 1 male 90s
- DeKalb County: 1 male 80s
- Douglas County: 1 female 60s
- DuPage County: 1 male 80s
- Iroquois County: 1 female 70s, 1 male 70s
- Montgomery County: 2 males 80s
- St. Clair County: 1 male 60s
- Williamson County: 1 male 70s
- Winnebago County: 1 female 70s, 1 male 70s
Currently, IDPH is reporting a total of 173,731 cases, including 7,446 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 28,331 specimens for a total of 2,570,465. The preliminary seven-day statewide positivity for cases as a percent of total test from July 21 –July 27 is 3.8%. As of last night, 1,383 people in Illinois were reported to be in the hospital with COVID-19. Of those, 329 patients were in the ICU and 128 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
* Meanwhile, from the CDC…
"35% had not returned to their usual state of health when interviewed 2–3 weeks after testing. Among persons aged 18–34 years with no chronic medical conditions, one in five had not returned to their usual state of health" https://t.co/2bSRrrpcbA
Health departments across Southern Illinois are seeing an upswing in COVID-19 cases.
The number of new cases was so high in Jackson County, it prompted the health department to issue a public health alert on Sunday.
“We have had a definite upswing in the number of cases,” Bart Hagston, administrator of Jackson County Health Department, said. “The number of cases eclipsed the previous record number three times in the past week, and that’s not the way we want the data to trend.” […]
Hagston said the health alert focused on residents in their teens and 20s because those age groups represent 70% of the new cases in the county during July. Of 212 new cases in the county in July, 148 are from people in their teens and 20s.
Beginning Friday, July 31, anyone traveling to Chicago from Wisconsin, Missouri, North Dakota, and Nebraska will have to self-quarantine for 14 days. The city said it will update the list of affected states every Tuesday - adding or removing states depending on the latest data, and will go in effect the following Friday. […]
There are currently 22 states covered by the travel order, which took effect July 6, including:
Alabama
Arkansas
Arizona
California
Florida
Georgia
Idaho
Iowa
Louisiana
Kansas
Mississippi
Missouri
Nebraska
Nevada
North Carolina
North Dakota
Oklahoma
South Carolina
Tennessee
Texas
Utah
Wisconsin
The order doesn’t apply to professional sports teams and nobody has yet been fined for violating it.
Study finds 6 COVID-19 ‘symptom clusters’ that may inform clinicians about the severity of cases
After heavy COVID-19 toll on Illinois nursing homes, top regulators depart state agency
Bottled Blonde, controversial River North bar, closed permanently by coronavirus, but not violations
Bears nose tackle Eddie Goldman reportedly opts out of the 2020 season over COVID-19 concerns
Chicago-area house flippers ‘surprisingly unaffected’ by COVID-19, but brace for mixed bag in months to come
MLB shortened season could be threatened, but games don’t need to stop right now, says Dr. Anthony Fauci
Trump retweets video, banned by Facebook after going viral, that alleges unproven drug cures COVID-19
Chicago-based McDonald’s facing bumpy recovery, 2nd quarter sales down 30%
CTA giving away Ventra cards, healthy travel kits during food distribution event at South Side grocery store
‘Pandemic pods’ and ‘micro-schools’: How parents are finding ways to help their kids — and themselves — manage schooling at home
*** UPDATE 1 *** Region 4 is the Metro East. Not looking good there at all. Right at the 8 percent edge. And Region 5, which is the rest of southern Illinois, is heading that direction fast…
Regional positivity 7-day avg for IL's 11 regions as of July 25 (individual charts in next tweets)
Region 1 - 5.2% Region 2 - 4.2% Region 3 - 3.9% Region 4 - 7.8% Region 5 - 6.5% Region 6 - 2.9% Region 7 - 5.8% Region 8 - 4.5% Region 9 - 5.1% Region 10 - 5.4% Region 11 - 4.5% pic.twitter.com/kznGZ7B0cl
Illinois was one of three states added to New York, New Jersey and Connecticut’s joint list of states requiring travelers to quarantine for 14 days upon arrival, New York Gov. Andrew Cuomo said Tuesday.
*** UPDATE 3 *** Jordan Abudayyeh…
The State of Illinois has worked to flatten the curve and bend it downward and our statewide positivity rate remains one of the lowest in the Midwest. But, Illinois is surrounded by states with less restrictions and higher rates of transmission illustrating, once again, the need for a nationwide response. The Governor supports states that are implementing mitigation strategies to keep people healthy and safe and urges Illinois residents who are traveling to follow three Ws: wear a face covering, watch your distance and wash your hands.
The Department of Homeland Security is in the very early stages of plans to build an Immigration and Customs Enforcement (ICE) detention center in Dwight, Illinois, about 80 miles southwest of Chicago.
According to a letter obtained by CBS 2, the Department of Homeland Security is preparing an environmental assessment for a proposed contract to build a privately owned and operated ICE detention facility in Livingston County, for detainees facing deportation proceedings.
Dwight Village Manager Jared Anderson confirmed the village has been seeking to be home to the facility, which would be built on a 40-acre farm field on the west side of town, just east of Interstate 55.
Um, I don’t think they can do that. From the synopsis of what is now Public Act 101-0020…
Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity;
* Rep. Kelly Cassidy was the House sponsor. Her press release…
In spite of the Illinois General Assembly voting overwhelmingly to affirm the state’s long held policy of prohibition of for profit prisons last year, it would appear that ICE and the Village of Dwight intend to continue the effort to build a for profit ICE Detention Center in Illinois. The state has had a ban on privately run, for-profit prisons for decades, but legislation passed last year clarified that ban should also apply to non-criminal settings such as ICE detention centers. The bill (HB2040) passed both chambers last May with significant bipartisan support and was signed by the Governor on June 21, 2019. A recent news report revealed that ICE has continued to pursue the location in Dwight, submitting a letter requesting an environmental site review on the proposed location.
“I sponsored this bill knowing the realities of for profit prisons and knowing that the mistreatment we’ve seen in these facilities across the country has no place in our state. As we see reports from across the country of detainees contracting COVID-19 at an alarming rate in ICE detention centers, federal agents including ICE acting outside the law to ‘disappear’ protestors, and this administration’s ongoing war against immigrants, this appears to be yet one more example of this administration pursuing their hateful agenda regardless of legal standing,” said Rep. Kelly Cassidy, chief House sponsor of HB2040.
Local governments around the country have found that the promises made by for profit prison developers rarely come to fruition. Once the prison is built and the dangerous working conditions, low pay, and lack of benefits become the reality, it is often too late to go back. Representative Cassidy previously argued against the closure of Dwight Women’s prison, noting the town’s unique wrap around support for the women incarcerated there and has long advocated for more thoughtful economic development for towns impacted by closures of state facilities or other economic disasters. The state must do more to assist towns like Dwight when significant economic losses hit.
“The Village of Dwight should acknowledge the reality that the state has made our policy abundantly clear on the question of whether someone should profit off of putting humans in cages with the passage of HB2040 and abandon this wrongheaded approach to economic development not only is a flagrant violation of state law, but putting their residents at significant risk” said Rep. Kelly Cassidy. The company in question is also responsible for the greatest outbreak in any facility with a 75% infection rate at their facility in Farmville, VA.
…Adding… Sen. Robert Peters…
Illinois has long had a policy of prohibiting for-profit prisons. Last year, the General Assembly overwhelmingly passed HB2040 sponsored by state Rep. Kelly Cassidy and state Sen. Robert Peters to make sure these bans apply to non-criminal settings such as ICE detention centers.
A recent news report revealed that ICE has continued to pursue a location in the Village of Dwight to build a private detention center, recently submitting a letter requesting an environmental site review on the proposed location.
This is happening despite the fact that the Private Detention Facility Moratorium Act signed into law in 2019 stopped the original agreement ICE was trying to enter into with Dwight. The law states: “Neither State, nor any unit of local government…shall enter into an agreement of any kind of the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity.”
“Whatever deal ICE is trying to cut is cloaked in the promise of jobs and profits, but is nothing more than a flagrant violation of state law,” said state Sen. Robert Peters, chief Senate Sponsor of HB2040. “In reality, private detention centers historically have dangerous working conditions, low pay, and a lack of benefits — not to mention the inhumane war they wage on detainees under the direction of the Trump administration. This is yet another example of why we can’t trust this administration. Time and time again, they bulldoze our collective safety and health all in the name of pitting communities against each other.”
…Adding… Press release…
On July 28 news reports disclosed that Immigration and Customs Enforcement (ICE) is seeking an environmental assessment for a site for a new privately-operated immigration detention facility in Dwight, Illinois. ICE is making this move in total disregard of a state law enacted last year to bar such facilities. The following is the statement by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and the National Immigrant Justice Center (NIJC):
The State of Illinois spoke loudly and clearly last year when the General Assembly passed and Governor Pritzker signed the Private Detention Facility Moratorium Act: Private prison companies are not welcome in our state, and no one should profit from keeping people in detention. Yet ICE, an agency that claims to exist to enforce the law, is defying the will of our state and acting in an unlawful manner by attempting to move forward with the Dwight immigration prison. ICE is attempting to double its detention capacity in the Chicago region with this facility, even as the number of people in ICE custody nationally is falling due to the COVID-19 pandemic. Furthermore, the company proposing the facility, Immigration Centers of America, is botching its handling of a COVID-19 outbreak at its sole facility in Virginia–with 75% of individuals detained there testing positive. Private for-profit immigrant detention centers have failed 100% of the time they have tried to come into Illinois, and this will be no different.
All of this is happening as Department of Homeland Security (DHS) agents are being deployed to American cities without any real need or accountability, as DHS continues to defy the Supreme Court’s ruling preserving the DACA program, and as ICE in Chicago is planning a “citizen’s academy” to train civilians on arrest tactics and firearms use. Our organizations will continue to fight to hold DHS and ICE accountable, to stop the harms they are inflicting and the fear they are creating in our communities, and to make our state welcoming for all.
The Public Interest Legal Foundation (PILF) is an American conservative legal group based in Indianapolis, Indiana,which is known for suing states and local governments to purge voters from election rolls. The group has made false claims about the extent of voter fraud in the United States. The organization has published the information of eligible voters online, including Social Security numbers, falsely accusing them of being fraudulent voters.
The nonprofit was constituted in 2012 to “assist states and others” to fight “lawlessness” in American elections. They assert that “large numbers of ineligible aliens are registering to vote and casting ballots”, although lists that they have displayed of such supposed voters prove to actually include American natives who are eligible voters. PILF said their lists had been based on state government lists of declared “non-citizens” removed from local voter rolls. Some U.S. citizens were wrongfully purged in the process.
The Public Interest Legal Foundation (PILF) filed a lawsuit today against the Illinois State Board of Elections for failing to disclose voter registration records under federal law (Public Interest Legal Foundation v. Sandvoss et. al).
“Federal law requires transparency in election records,” PILF President and General Counsel J. Christian Adams said. “Just because someone isn’t engaging in partisan electioneering should not prevent them from ensuring that Illinois’ voter rolls are in order. Illinois’ records must be made available to the public, not just politicians.”
The complaint, filed July 27, explains the Foundation initially requested access to Illinois’ federally required statewide voter file and voting histories on October 16, 2019. On February 21 and after a failed inspection of records, the Foundation provided notice that litigation would commence if voter registration data was not provided as required under federal law.
The Foundation seeks relief under Section 8 of the National Voter Registration Act of 1993, which requires officials to make voter list maintenance documents like the voter roll itself available for inspection to the general public. The law also offers a private right to file a lawsuit if denied.
Other federal courts which have confronted the issue have sided in favor of disclosure of public records.
The Foundation is pursuing litigation against Maine and Maryland for similar inspection rights violations. Delaware and Massachusetts opened access to their respective registration records pursuant to PILF’s federal inspection requests.
The Foundation accesses public voter registration database extracts to perform audits for deceased, duplicated, and otherwise outdated/corrupted records. Findings can result in federal list maintenance lawsuits to correct flagged registrant files. Lawsuits against Detroit and Allegheny County, Pennsylvania, recently wrapped along those lines.
The Foundation has also shared data via court briefs involving changes to mail ballot rules and procedures that have arisen due to the COVID-19 pandemic across 11 cases in California, Connecticut, Georgia, North Carolina, New Mexico, Tennessee, Texas, Virginia, and Wisconsin.
The new case was filed in the United States District Court for the Central District of Illinois. The case number is 3:20-cv-03190. The attorney for the Public Interest Legal Foundation is Sue Becker. Chicago-based Christine Svenson serves as local counsel.
Section 10 ILCS 5/1A-25(4) restricts those allowed to receive a copy of the voter registration list to just two types of entities: political committees or government entities (“Restricted Access Law”). No other entity or individual is allowed to receive a copy of the voter registration list under the Restricted Access Law.
The Restricted Access Law contains just one exception, which is that a person may view the voter registration list at the office of the State Board of Elections […]
[Section 8 of the National Voter Registration Act of 1993] provides, in relevant part, “Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters”
So, it appears they have a decent case here. We’ll see. I’d hate to pay that copying bill, though.
She is active in the local Republican party and has served as the Cook County Republican Party’s general counsel. […]
Svenson represented a client who sued Dan Rutherford, a 2014 candidate for the Republican gubernatorial nomination, for alleged sexual harassment. Rutherford accused Svenson and her client of fabricating the allegations to help his opponent, now Governor Bruce Rauner. Svenson denied any political motivations. She had previously received $3,500 from the Rauner campaign, but said it was for legal work reviewing a lease for Rauner.
Alvin Boutte, Jr. filed an objection to Kanye West's presidential petitions today. Sangamon County Dem Party Chair Doris Turner filed an objection to Willie Wilson's US Senate petitions https://t.co/vpRE7×4sOx
The challenge to West’s petitions claims he didn’t turn in enough valid signatures, his statement of candidacy wasn’t sworn and…
The Candidate’s Nomination Papers are legally and factually insufficient because he did not include a candidate for Vice President of the United States or Presidential Electors as required for Independent Candidates for President of the United States running in Illinois, in violation of the Illinois Election Code.
A federal appeals panel is allowing state authorities to continue to argue a federal judge was wrong to ease requirements for third-party and independent candidates to gain ballot access amid the COVID-19 pandemic.
The U.S. Seventh Circuit Court of Appeals issued an order July 15 denying a motion to dismiss an Illinois State Board of Elections’ appeal.
On April 3, the Libertarian Party sued the state, asserting Gov. JB Pritzker’s stay-at-home orders infringed the constitutional rights of its candidates by complicating the collection of signatures on nomination petitions. The Green Party joined the lawsuit, as did independent candidates.
U.S. District Judge Rebecca Pallmeyer sided with the third parties, finding the safety restrictions, “which started at nearly the same time as the window for gathering signatures,” created a “nearly insurmountable hurdle” impeding general election ballot access.
Pritzker indicates IHSA will not conduct sports in fall
Gov. J.B. Pritzker signaled that the Illinois High School Association will not conduct sports activities this fall.
The statement came Monday during a question-and-answer session at the Rock Island County Public Health Department and was broadcast by WRMJ in Aledo.
According to the governor, the IHSA “has said they’re basically going to get out of the business of this in the fall. That’s what it appears they are saying.”
The IHSA board of directors are scheduled to convene Wednesday. It was presumed the board will vote then on whether to conduct fall sports.
The story, along with some other developments yesterday, had Pritzker trending on Twitter for much of two days. People were freaking out. Some tried to calm the waters, to no avail…
Pritzker was a bit confusing at one point. I'm guessing he meant the IHSA is getting out of the business of establishing safety guidelines. If you listen to the full recording he clearly says the decision is up to the IHSA, school districts and parents.
* The headline and story were changed to a more accurate portrayal of what the governor said, but the damage had already been done…
Pritzker ‘deeply concerned’ about IHSA fall sports
Gov. J.B. Pritzker said Monday he is “deeply concerned” about the Illinois High School Association conducting sports activities this fall. […]
“I’m deeply concerned,” the governor said, noting that there is evidence in other countries that open up school sports and an outbreak immediately follows.
“Not something we’ve issued a mandate about,” Pritzker said. “We’re watching very closely.”
Pritzker said he understands the situation has been confounding for many people and said this will be an autumn like no other. He said parents and teacher will have to be flexible in the coming weeks.
* But riddle me this, Batman: If Major League Baseball, with its vast fortunes and high-priced doctors and a strong players union and no fans in the stands can’t prevent outbreaks, how is high school football gonna top that?…
To one public health expert, the Miami Marlins outbreak — in which at least 14 members of the team, including 12 players, have contracted the coronavirus — is a frightening harbinger of things to come.
Appearing on CNN’s New Day Tuesday, Professor William Haseltine issued a dire warning — stating that what’s happening in baseball could happen on a dramatically larger scale if schools reopen in the fall.
“I think what you’re seeing is what’s about to happen in our high schools,” Haseltine said. “There’s very little difference between the way the virus spreads in young baseball players — many who are just barely into their 20s — and how it’s going to spread in high schools with anybody who’s an adolescent or a teenager.”
Any attempt to create a bubble won’t work either, according to Haseltine. No matter how much testing is done in an effort to create a protected space, the virus will find its way in.
I don’t know how some parents are raising their kids, but mine always stressed that sport, while important, is just a game.
* The attorney general has filed a motion with the Illinois Supreme Court to transfer all of attorney Tom DeVore’s latest round of cases to Sangamon County…
In short, although filed in five different counties, the five above- captioned cases were filed on the same day by the same attorney and seek the same declaratory and injunctive relief against the same defendant, the Governor. And that attorney (DeVore) has indicated that he “is ready to file lawsuits in other counties across the state.”
This is the most recent series of lawsuits filed by DeVore in multiple jurisdictions that challenge the Governor’s actions to address the COVID-19 pandemic. Six weeks after the Governor first declared an emergency, on April 23, 2020, DeVore filed Bailey v. Pritzker, No. 2020CH6 (Ill. 4th Jud. Cir. Ct.). In that lawsuit, DeVore argued that the Governor’s proclamations and executive orders exceeded his authority because they extended more than 30 days beyond March 9, the date on which the Governor first declared the COVID-19 pandemic a disaster. DeVore subsequently raised the same argument in three other lawsuits. But this argument—that the Governor’s ability to take action to address the pandemic expired 30 days after March 9—has been rejected by every court to have addressed it, save one: the Circuit Court of Clay County, where DeVore filed Bailey and Mainer. In Clay County, attorney DeVore twice obtained a temporary restraining order (“TRO”) against the Governor’s executive orders from the same judge, and both times, after the Governor appealed those TROs under Illinois Supreme Court Rule 307(d), DeVore withdrew his request for a TRO. By doing that, DeVore evaded appellate review of these outlier rulings.
In another recent series of cases, DeVore filed lawsuits in multiple counties on behalf of plaintiffs challenging the face covering requirement as applied to teachers and students. And in yet another, DeVore filed a number of cases arguing that the Governor lacks authority under the Act to suspend nonessential business operations. When the Governor removed three of those actions to federal court, DeVore’s law firm voluntarily dismissed those cases, thus evading review of these claims by the federal judiciary.
As another indication that these actions have sown confusion and uncertainty and have inhibited a clear resolution of the dispute over the Governor’s authority, DeVore has described the July 2, 2020 summary judgment ruling in the Bailey case as giving every Illinoisan the right to do as they please. If the July 2 ruling had that legal effect—which the Governor disputes—then there would be no legal reason to file new lawsuits to challenge whether the Governor had the authority to declare a statewide disaster. Consolidating the new cases will serve to avoid confusion and uncertainty, and may expedite appellate review and a final resolution of this dispute.
* Aside from the plaintiffs’ names, there is only one other factual difference between DeVore’s new set of cases…
The theoretical possibility that the court could answer the threshold legal question in favor of the plaintiffs does not alter this analysis. The complaints present many common factual allegations.And the few factual differences among the complaints are limited to the number of residents who have tested positive or who have died from COVID-19, as well as a calculation of the infection rates based on county population. These facts are easily ascertainable matters of public record, allowing for streamlined factual development in a consolidated case without witness testimony. But in any event, focusing on these facts ignores that the key inquiry here is the statewide occurrence and threat of sickness resulting from COVID-19, rather than the number of cases and deaths in any given county at any discrete point in time.
Critically, allowing one court to resolve the threshold question will avoid the expenditure of resources before multiple courts, as well as the risk of conflicting rulings and ensuing public confusion. The prospect of public confusion and wasted resources is particularly detrimental in the present context of a global pandemic, where statewide consistency on public safety directives is critical.
These cases thus present a threshold question of statutory interpretation and involve a common issue of law: whether the declaration of a disaster in a county based on the existence of a public health emergency requires evidence of illness to a specific number of people in that county. According to plaintiffs, the definition of “public health emergency” cannot be satisfied without such a showing. The Governor disagrees with plaintiffs’ position as a matter of law. The plain text of the statute authorizes the Governor to declare a disaster due to a public health emergency based on evidence of “an occurrence or imminent threat of an illness or health condition” caused by a novel infectious agent that poses a high probability of widespread exposure. 20 ILCS 3305/4. Indeed, the Act confers authority on the Governor to issue disaster proclamations, 20 ILCS 3305/7, when there is “an occurrence or threat of widespread or severe damage, injury or loss of life or property . . . resulting from any natural or technological cause,” including an “epidemic” or “public health emergencies” […]
Merits aside, however, these cases are appropriate for transfer and consolidation because answering the common question of law they present will not require any factual development, making the question amenable to resolution through consolidated pre-trial proceedings such as a motion to dismiss (which the Governor intends to file). If the court concludes that the Governor has the authority to declare a statewide disaster in light of COVID-19, then that will end the analysis without consideration of the facts in each individual county concerning the number of residents who have tested positive for COVID-19. As such, it would make sense and conserve judicial resources for one court to answer that predominant question of law.
* But the AG may need to file an amended motion. Here’s Mike Miletich…
DeVore filed lawsuits for clients in Clinton, Edgar, Richland, and Sangamon counties using this argument last week. He also presented his own case against the governor in Bond County. The number of cases grew Monday with cases filed in Montgomery, Kendall, Winnebago, Grundy, and White counties.
“If there’s no disaster in Clay County, I can assure you I’m gonna have a client that’s going to go to the Clay County school districts and say ‘Let our kids in. You can’t keep us in remote learning because it’s not allowed.’ There’s no disaster,” DeVore exclaimed.
DeVore believes judges should have their own decision on if there is a disaster locally.
“Then you can’t have emergency power being wielded in that county. You can’t have school districts engaging in remote learning in that county,” DeVore said during a virtual interview Monday. “You can’t be doing all this stuff because there is not a disaster.”
…Adding… DeVore is also searching for a plaintiff in Macoupin County. From Facebook…
Hello, citizens and friends of Macoupin County. I had a great talk with State Representative Darren Bailey and Constitutional Attorney Thomas DeVore this morning.
Here’s the deal. We (Macoupin County) just need one person (a resident of Macoupin County) to step up and file a lawsuit against His Royal Highness King Jay Bob. The lawsuit would be over the fact that there is currently NO state of emergency here in Macoupin County. [We aren’t disputing that a true state of Emergency may indeed exist in Chicago as well as in certain parts of the 618.]
Warning: There will be some fame attached to stepping up and filing a lawsuit against Pritzker, and probably just as much unwanted hatred from his brownshirt loyalists as well.
The people of Illinois are facing unprecedented challenges — from the coronavirus threatening our health, our economy and the education of our children to overdue demands for a more just and equitable society. At such a time, it is imperative that the people of our state can trust in their representatives and that those representatives can trust in their leaders. That is why Michael Madigan should resign as Speaker of the House.
The revelations contained in the U.S. Attorney’s deferred prosecution agreement with Commonwealth Edison paint a sordid picture of bribery, influence peddling and insider-dealing at the highest levels. It shows how yesterday’s political patronage system, severely restricted by the courts, has been transferred lock, stock and barrel to a large corporation seeking the government’s help.
Not only does this undermine public trust in government, but it will cost Illinois ratepayers hundreds of millions of dollars. This follows on the heels of horrendous revelations of sexual harassment and bullying by those within the Speaker’s Office. It is clearly time for a change.
Some will argue that the Speaker is innocent until charges are filed and he’s proven guilty. But those are not the standards that should apply to his leadership role. Serving as Speaker is not a right; it’s a privilege. A leader’s actions must avoid even the perception of wrongdoing. Speaker Madigan repeatedly has violated that trust.
For the same reason, Michael Madigan should step down as chair of the Democratic Party of Illinois. We are in the midst of the most important campaign of our lifetime — to remove a President who routinely violates our Constitution and our trust. In contrast, Democrats must offer voters a level of trust and accountability that Chairman Madigan can no longer provide.
Speaker Madigan’s continued service in the legislature and on the Democratic State Central Committee are matters for his constituents to decide. The many ethical questions swirling around him, however, should disqualify him from legislative or party leadership posts.
The problems in Illinois government go far beyond Speaker Madigan, although he has come to personify the elevation of power and privilege over the needs and concerns of the public. We must enact tough ethics reforms to help ensure that a change in House leadership brings with it the overhaul of a broken system. No longer can we allow it to promote the interests of powerful insiders over those of the people and communities our government is supposed to serve.
I pledge to continue fighting for such reforms with likeminded colleagues who are demanding both a change in unethical leadership and serious reform of a system that has tolerated it for far too long.
Rich — I’ve been keeping up with your good reporting on the ComEd/Exelon scandals and wanted to give you a heads up. We will launch a new TV ad (YouTube link here) statewide on cable news beginning tomorrow a.m. (7/28) and extend to local broadcast shortly after. We want to say loud and clear that Illinois can get clean energy legislation without kowtowing to ComEd and Exelon, and without Illinois ratepayers continuing to shoulder the cost. I just wanted to make sure you saw the spot before it goes live — feel free to share as you see fit.
A little background info — After all that’s come to light over the last year (and especially the last 2 weeks) regarding the 2016 FEJA bailout, we simply can’t go down that path again. ComEd has admitted to bribery and, with the ICC meeting on ethics reforms this Wednesday, it feels like the right time for lawmakers to say once and for all that they’ll give no more subsidies or bailouts to ComEd and Exelon. That includes stripping subsidies out of the current clean energy jobs bill. We saw Representative Williams’ announcement last week that she’ll add accountability measures to CEJA — it’s a good start and we agree but it needs to go further. She should also remove subsidies that would go directly to Exelon and ComEd so Illinois can transition to a clean energy future without continuing to put families and taxpayers at risk.
Again, just wanted to give you a heads up. Have a great evening,
Lacie
Clean Energy Transition Project
According to Comcast, the group is spending $58K through August 9, mainly in Chicago, but also some in the Champaign and Peoria areas. The group suddenly started spending big bucks on Facebook last year and has spent $71K since May. I’m not sure who they are or what they want by way of a “transition” to clean energy. The website is no help, either.
I am not familiar with the “Clean Energy Transition Project” and haven’t heard from this group with concerns about my bill. In the current climate, I question the judgment of a nameless, faceless dark money group inserting itself in Illinois’ energy discussions via paid ads.
The group appears to be a “front group” for fossil fuel companies who don’t like the provisions of the Clean Energy Jobs Act that prioritize carbon free power sources over polluting fossil fuels in the capacity market. My bill will eliminate the ongoing subsidy of the fossil fuel industry, which benefits coal and gas companies while costing Illinois consumers over $1B a year. No wonder this group is running ads designed to mislead Illinois consumers by claiming ComEd/Exelon is “hijacking” the clean energy legislation.
As Senate sponsor Cristina Castro and I have repeatedly stated, the utilities and power companies will no longer be dictating energy policy in Illinois. The recent and stunning admission of ComEd was the nail in that coffin.
Our plan is to prioritize carbon free resources first as we work to build up renewables in Illinois, eventually to 100% renewable energy sources, and we will not do this by continuing to prop up polluting fossil fuel plants. Our planet cannot afford it. We will, however, work to ensure that all utilities and power companies be held accountable and answerable to Illinois ratepayers, and that the illegal manipulation of the legislative process is over. Energy policy can and should be driven by the best interests of consumers, communities and our environment – not by corporate profits.
