* Zorn takes a look at the constitutional amendment passage requirement of 60 percent of those voting on the measure or over 50 percent of all those voting in the election…
The either/or requirement makes interpreting the results feel like one of those vexatious story problems from junior high math. If 6 million people go to the polls, and half a million of them leave the referendum question blank on their ballots, what share of the yes/no votes needs to be “yes” for the amendment to pass?
The answer is 54.5% because the “majority of all votes cast” requirement would be achieved first with 3,000,001 votes, even though it is a lot lower than the three-fifths (60%) of yes/no votes cast — the other path to passage.
And, not uncoincidentally for the purposes of this column, it is approximately the percentage of the vote that Gov. J.B. Pritzker received when he beat incumbent Gov. Bruce Rauner in the 2018 general election in a campaign marked by his strong support of switching to a graduated-rate system.
The basic idea behind this unusually convoluted requirement is that the more the public is engaged with a referendum question, the more the constitution wants to honor the principle of majority rule. But the more the public is tuned out — doesn’t care or doesn’t feel informed enough to vote either way — the more the constitution wants to raise the standard for passage so that reforms that are obscure, complicated or actually unpopular don’t slip in under the radar.
Includes $500K from Jennifer Pritzker, cousin to the governor A-1: $510,000.00 Coalition To Stop The Proposed Tax Hike Amendmenthttps://t.co/ZT4erQmwbL
Illinois voters will decide next month whether to enact a progressive income tax, paving the way for a new top rate of 7.99%. In addition to the direct damage higher rates would inflict on bottom lines, voters should consider the high-tax neighborhood they’d be moving to.
The Tax Foundation ranks states by tax competitiveness, and its latest analysis is bad news for Illinois Gov. J.B. Pritzker and other progressive-tax backers. The Prairie State currently ranks 36th worst in overall tax burden because its flat individual rate of 4.95% offsets very high property and other taxes. (See the nearby table.)
But its proposed slate of new individual income tax rates, along with a corporate tax hike tied to the same ballot measure, would drop the state’s rank overall to 47th. That would move Illinois into Dante’s ninth ring of tax hell, ahead of only New Jersey, New York and California.
* And it’s little surprise that the Sun-Times editorial board is for it…
Millionaires and billionaires don’t like paying higher taxes any more than the rest of us, though they are in a much better position to do so. It’s in their bald self-interest to kill the Fair Tax proposal, meaning Illinois would remain stuck with its regressive flat tax — no matter what harm is done, down the road, to middle-class and low-wage earners.
And you can count on that: If Illinois does not approve a graduated income tax, the likelihood that ordinary working people will have to pay higher taxes will only grow.
The states’ finances are in crisis and additional revenue is necessary. Cutting expenses alone won’t do the trick. If that additional tax revenue is not paid by the very wealthiest taxpayers, as set out in the Fair Tax plan, it will be paid by everybody else — every carpenter, hair stylist, accountant and store clerk.
But what the fate of Pritzker’s so-called Fair Tax will mean for Chicago’s financial future is less clear cut. The potential for extra revenues at the state level doesn’t make a significant dent in the city deficit, and isn’t a silver bullet for fully funding items Lightfoot campaigned on last year.
The mayor has been far less vocal than the governor about where she stands on the graduated income tax, endorsing it when prompted, but not leading on the issue.
“I’m a for,” Lightfoot told reporters last week when asked about her position on the tax change. “I’ve been fortunate enough in my life to make a substantial amount over time. And I think people recognize the need for everyone to pay their fair share, but I think we have to do it in an equitable way and I think that’s what the Fair Tax, as it’s known, seeks to accomplish.” […]
But State Sen. Rob Martwick (D-Chicago), who championed a progressive tax for years and sponsored the graduated tax amendment in 2019, was not shy about his belief that the city’s finances would be devastated without voter approval of the tax, as it would “stabiliz[e] the state revenues that flow through to the city.”
“As bad as the state’s budget is, the city’s is immeasurably worse,” Martwick said. “If [the graduated income tax amendment] doesn’t pass, it could be catastrophic all around, especially for the City of Chicago.”
There are 2 million Illinoisans of retirement age, and currently the state does not tax their retirement income. But there is significant reason to believe the “fair tax” amendment to the Illinois Constitution would bring retirement taxes if passed.
And then there might be 10,577 fewer of those seniors in Illinois if its experience with a progressive tax matches Connecticut’s.
I love how they project down to the person. You can pretty much figure a projection is phony when you see that.
Governor J.B. Pritzker is assuring voters that a proposed graduated income tax will not impact their retirement income. Pritzker said late last week that opponents of the “fair tax” are planning to tax retirement income. Republican opponents say Pritzker’s statement isn’t true. Republican lawmaker Tim Butler says that it is unlikely that legislation will be proposed to change rules on taxing retirement income, whether the graduated income tax passes or not.
…Adding… Rep. Butler says he doesn’t know where WJOL got that info and pointed to this story…
Rep. Tim Butler, R-Springfield, opposes the proposed tax amendment.
“From the House Republican perspective, we in no way support taxing retirement income,” Butler said. “I don’t know where the governor comes up with that statement.”
Redfield said whether this tax is passed or not, the legislature has always had the power to tax retirement income, but he said he thinks it’s unlikely that there will be a legislation change to that.
“What stops from taxing retirees today is that we have a flat tax in Illinois. If we tax one retiree, we have to tax all retirees,” Butler said. “That’s the firewall against raising taxes.”
A previous version of this story attributed comments to lawmaker Tim Butler that were not accurate. We regret the error.
*** UPDATE 1 *** I told you last week that a judge had denied IPI’s motion for a TRO against part of the official Fair Tax explanation language. The final order was released today. Excerpt…
While Plaintiffs have a clear right to a free and equal election, they have not demonstrated a clear right to corrective action on an emergency basis, for it is not patently clear the language on the ballot or pamphlet is so rnisleading that it abridges a constitutional right in need of protection. Like it or not, the proposed amendment does give the State the ability to impose higher tax rates on those with higher income levels and lower income tax rates on those with middle or lower income levels, just as the ballot describes. Plaintiffs have not shown on the clearest of grounds that this language is so misleading and confusing to give rise to a constitutional violation. Plaintiffs merely conclude and speculate that the language is deceiving and confusing to voters without any specific evidence demonstrating confusion or obstruction to a particular individual or group of voters.
*** UPDATE 2 *** Press release…
COL (IL) Jennifer Pritzker, ARNG (Ret.) has donated $500,000 to the Coalition to Stop the Proposed Tax Hike Amendment as a measure to help protect the citizens of Illinois. Jennifer Pritzker believes the proposed graduated tax will only hurt already overburdened Illinois taxpayers and removes any political barrier to impose a tax on retirement funds.
“There is evidence that the tax hike amendment could eventually raise taxes on the middle and working classes. With so many families and small businesses struggling to recover from the ravages of the pandemic, raising taxes is not a financial solution Illinoisans can afford to enact,” said Jennifer Pritzker, President and CEO of TAWANI Enterprises, President and Founder of the TAWANI Foundation and the Pritzker Military Foundation, and Founder and Chair of the Pritzker Military Museum & Library.
* Click here for the A-1 detailing the contribution from the state’s wealthiest political contributor.
Citizens for Judicial Fairness, the main committee attempting to prevent Illinois Supreme Court Justice Tom Kilbride from being retained, has now reported raising a total of $2.558 million.
Justice Kilbride’s retention committee has reported raising $2.3 million.
…Adding… Press release…
Rich -
Below is a statement from Jim Nowlan on the recent contribution to Citizens for Judicial Fairness:
“Our grassroots movement to end the Madigan-Kilbride alliance on the Illinois Supreme Court is now close to leveling the playing field with the trial lawyers and liberal special interests funding Kilbride’s campaign and can effectively inform voters about Tom Kilbride’s pro-Madigan, anti-taxpayer record as a Supreme Court Justice.” - Jim Nowlan, Chairman, Citizens for Judicial Fairness
*** UPDATE *** Press release…
Over the weekend, Citizens for Judicial Fairness, a coalition of advocates calling for the non-retention of Illinois Supreme Court Justice Tom Kilbride, launched their first ad airing across the 3rd Supreme Court District of Illinois. Additionally, the coalition launched a new website highlighting Kilbride’s ties to Illinois House Speaker Mike Madigan: MadiganKilbride.com
Former U.S. Transportation Secretary and Congressman Ray LaHood, Professor and Newspaper Publisher Jim Nowlan, and former Knox County judge Harry Bulkeley, all leaders in the coalition, released the following statements on the effort to prevent Kilbride’s retention.
Secretary LaHood said, “After more than 20 years, Justice Tom Kilbride has displayed plainly that he is ‘Madigan’s Favorite Judge.’ He was the deciding vote and wrote the majority opinion killing Fair Maps, which would have taken the power away from Mike Madigan and career politicians to draw legislative districts. That decision and others came after Kilbride’s campaign received millions of dollars directly from Madigan’s Machine to remain on the Court. Kilbride has voted for Madigan time and again. It’s time to vote him out.”
Jim Nowlan added, “Make no mistake about it, Mike Madigan is on the ballot in November. By voting No on Tom Kilbride’s retention, you can vote against Madigan and against the culture of corruption that has plagued our state for decades. After taking nearly $4 million from Madigan and his allies in his last two campaigns, Kilbride knows who he owes his seat to and has judged accordingly.”
Former Knox county judge Harry Bulkeley closed, “The Chicago Machine and Mike Madigan have played puppeteer in this state for decades, but now voters have the opportunity to cut some of those strings. In my 24 years on the bench, like all judges in Illinois I was governed by the Code of Judicial Conduct. That code require judges to avoid even the appearance of impropriety. Madigan’s money gives the unmistakable appearance of impropriety. Most people in the state cannot vote against Madigan but in November, voting no on Kilbride is saying no to Mike Madigan.”
Chicagoan Don Wojtowicz worked for nearly 50 years in public service in hopes of a decent retirement. But for Don and more than 2 million retirement-age Illinoisans like him, a progressive income tax constitutional amendment up for a vote Nov. 3 threatens that retirement security.
Making matters worse: extremely biased language on the ballot that deprives Illinoisans of a fair, informed vote on the progressive tax question.
Don joined the Illinois Policy Institute and two more retired Illinoisans in a lawsuit filed Oct. 5 to challenge that language in court.
“I try to stay out of political conversations,” Don said, “But this is how I feel about it and I don’t know how anyone could feel different when you’re getting taxed and taxed, and the politicians keep lying.”
* I heard this morning that the group’s TRO motion was denied, so I checked with the attorney general’s office. Their response…
Hi, Rich.
The plaintiffs’ TRO was denied – I’ll send the order when I have it.
That was quick.
You’ll know more when I know more.
…Adding… Press release…
Vote Yes For Fairness Chairman Quentin Fulks released the following statement in response to the court throwing out the Illinois Policy Institute’s desperate and frivolous lawsuit:
“Today, our legal system agreed with what we already knew to be true – the Illinois Policy Institute’s frivolous lawsuit was nothing more than a desperate and egregious stunt to try to mislead voters and trick them into thinking the Fair Tax has anything to do with retirement income. As the court has made clear today, the Fair Tax does not tax retirement income, and will not make it any easier to do so.
“Opponents of the Fair Tax know that they have no excuse for why they’re against a tax cut for 97% of Illinoisans, and that’s why they’re resorting to desperate attacks in this campaign. We hope this ruling today settles this issue once and for all, and that opponents will stop with this outright lie.”
…Adding… Press release…
Statement of Vote Yes for Fair Tax Chair John Bouman on Failed Frivolous Lawsuit from Illinois Policy Institute:
“The wealthy special interests are desperate to avoid paying their fair share, but their latest ploy has failed. Their frivolous lawsuit was a publicity stunt meant to confuse and silence voters. The court was right to reject it.
“The fact is the Fair Tax amendment does not tax retirement income. Period. That’s why seniors and their advocates like AARP Illinois support Fair Tax reform.
“The people of Illinois are voting yes for a tax cut for everyone who makes less than $250,000, yes for new funding for schools and health care, and yes to make the very rich pay their share. The time is now: Vote yes today for a better tomorrow.”
…Adding… Press release…
A lawsuit challenging the misleading progressive tax ballot language, brought by the Illinois Policy Institute and Illinois retirees, continues to its next legal phase.
Although a Circuit Court Judge denied an emergency motion for a temporary restraining order in the lawsuit Wojtowicz, McGann, Sutherland and the Illinois Policy Institute v. Jesse White and the Illinois State Board of Elections, et al, the case is ongoing.
Austin Berg, vice president of marketing at the nonpartisan Illinois Policy Institute, issued the following statement:
“Today, the court concluded that, under the circumstances, we were not entitled to emergency relief without an evidentiary hearing. However, the lawsuit to address the misleading ballot language surrounding the progressive tax was not dismissed, and it continues to work its way through court procedures. Along with our co-plaintiffs, we expect to file a motion with the court in the near future to allow for an evidentiary hearing.
“We are committed to prosecuting our claims in court and will continue to fight for Illinois voters’ right to fair and accurate information on the ballot and in state-issued pamphlets. We look forward to our next opportunity to argue on behalf of voters and retirees.”
To obtain a TRO, you have to claim that you have a large likelihood of success. Those odds can be overcome, but it ain’t gonna be easy.
*** UPDATE *** Rep. Darren Bailey had asked the Supreme Court to reconsider and clarify its order consolidating various cases (click here and scroll down) and handing them all to a Sangamon County judge who had already ruled against him. Today, the Supremes denied the request.
* Hospitalizations and ICU admissions are again very troubling. Haven’t seen consistent numbers like those since June…
The Illinois Department of Public Health (IDPH) today reported 2,818 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 35 additional confirmed deaths.
Coles County: 1 female 90s
Cook County: 1 male 40s, 1 female 60s, 1 male 60s, 2 males 70s, 2 female 80s, 3 males 80s
DuPage County: 1 male 60s, 1 male 70s
Ford County: 1 male 90s
Lake County: 1 female 100+
Logan County: 1 female 50s
Macon County: 1 male 80s
Marion County: 1 female 90s
Marshall County: 1 female 90s
McLean County: 1 male 50s, 1 female 70s
Monroe County: 1 female 90s
Sangamon County: 1 male 60s, 1 male 80s
St. Clair County: 1 female 80s, 1 female 90s
Tazewell County: 1 female 60s, 1 male 70s, 2 males 80s
Warren County: 1 female 80s
Wayne County: 1 female 70s
Will County: 1 male 60s, 1 male 90s
Williamson County: 1 male 70s
Currently, IDPH is reporting a total of 313,518 cases, including 8,945 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. The preliminary seven-day statewide positivity for cases as a percent of total test from October 2 – October 8 is 3.8%. Within the past 24 hours, laboratories have reported 71,599 specimens for a total of 6,177,379. As of last night, 1,812 people in Illinois were reported to be in the hospital with COVID-19. Of those, 395 patients were in the ICU and 153 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting separately 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.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
*** UPDATE *** Press release…
The Illinois Department of Public Health (IDPH) today reported 26 counties in Illinois are considered to be at a warning level for novel coronavirus disease (COVID-19). A county enters a warning level when two or more COVID-19 risk indicators that measure the amount of COVID-19 increase.
Twenty-six counties are currently reported at a warning level – Case, Christian, Clay, Clinton, Coles, Crawford, Effingham, Fayette, Henderson, Jackson, Jefferson, Johnson, Knox, Lake, Lee, Mason, Massac, Pulaski, Richland, Saline, Shelby, Union, Vermilion, Whiteside, Winnebago, Warren.
Although the reasons for counties reaching a warning level varies, some of the common factors for an increase in cases and outbreaks are associated with large gatherings and events, bars and clubs, weddings and funerals, university and college parties as well as college sports teams, family gatherings, long-term care facilities, correctional centers, schools, and cases among the community at large, especially people in their 20s.
Public health officials are observing businesses blatantly disregarding mitigation measures, people not social distancing, gathering in large groups, and not using face coverings. Mayors, local law enforcement, state’s attorneys, and other community leaders can be influential in ensuring citizens and businesses follow best practices.
Several counties are taking swift action to help slow spread of the virus, including increasing testing opportunities, stressing the importance of testing to providers, hiring additional contact tracers, working with schools, and meeting with local leaders.
After learning of an individual who tested positive for COVID-19 and visited a bar, the Whiteside County Health Department (WCHD) worked with the business and quickly alerted the community of potential exposures, helping limit spread of the virus. Additionally, WCHD provides pre-event consultations for establishments planning events that may draw larger crowds. Pre-event consultations include, educating businesses about the importance of masking and social distancing, as well as reviewing emergency rules, and guidance, and other ways to keep attendees and the community safe.
IDPH uses numerous indicators when determining if a county is experiencing stable COVID-19 activity, or if there are warning signs of increased COVID-19 risk in the county. A county is considered at the warning level when at least two of the following metrics triggers a warning.
• New cases per 100,000 people. If there are more than 50 new cases per 100,000 people in the county, this triggers a warning.
• Number of deaths. This metric indicates a warning when the weekly number of deaths increases more than 20% for two consecutive weeks.
• Weekly test positivity. This metric indicates a warning when the 7-day test positivity rate rises above 8%.
• ICU availability. If there are fewer than 20% of intensive care units available in the region, this triggers a warning.
• Weekly emergency department visits. This metric indicates a warning when the weekly percent of COVID-19-like-illness emergency department visits increase by more than 20% for two consecutive weeks.
• Weekly hospital admissions. A warning is triggered when the weekly number of hospital admissions for COVID-19-like-illness increases by more than 20% for two consecutive weeks.
• Tests performed. This metric is used to provide context and indicate if more testing is needed in the county.
• Clusters. This metric looks at the percent of COVID-19 cases associated with clusters or outbreaks and is used to understand large increase in cases.
These metrics are intended to be used for local level awareness to help local leaders, businesses, local health departments, and the public make informed decisions about personal and family gatherings, as well as what activities they choose to do. The metrics are updated weekly, from the Sunday-Saturday of the prior week.
A map and information of each county’s status can be found on the IDPH website at https://www.dph.illinois.gov/countymetrics.
The top Republican in the Illinois House on Thursday called for Democrats, including Gov. JB Pritzker, to either demand that Democratic House Speaker Michael Madigan answer questions before a Special Investigating Committee or resign immediately.
During a virtual news conference, Minority Leader Jim Durkin, of Western Springs, openly accused the investigating committee’s chairman, Hillside Democrat Emanuel “Chris” Welch, of deliberately stalling the investigation until after the Nov. 3 election, a move that Republicans warn could thwart the entire investigation.
“There is one person who is in charge, and that is Gov. Pritzker, and he is the leader of the state Democratic Party,” Durkin said. “Today I call on him to immediately demand those answers he has been requesting from Speaker Madigan or demand that he resign immediately.”
Durkin is one of three House Republicans who filed a petition calling for the investigation after Madigan was implicated in a bribery scheme involving utility giant Commonwealth Edison. In a deferred prosecution agreement filed in federal court in July, ComEd officials admitted that, over a nine-year period, they awarded no-work jobs and lobbying contracts to Madigan’s close associates in order to curry his favor for legislation that benefitted the company.
The number of people who just assume that a governor, any governor, can just snap their fingers and make something happen never ceases to amaze me, particularly after the Blagojevich/Quinn/Rauner experiences. My complaint isn’t really about Durkin, by the way. He undoubtedly knows he’s using a rhetorical device. But statements like that are just accepted whole cloth by others and it’s puzzling because it defies all history. Should the governor speak out? Yep. Should people pressure him to do so? Of course. But let’s not pretend we live in a world that doesn’t exist.
State Rep. Emanuel “Chris” Welch, the Democrat leading the panel looking into Madigan’s dealings with ComEd, fired back that Durkin is the one who must “put the political performances aside and let our investigation take its course.”
Durkin started the latest verbal volley over the simmering legislative probe with a news conference responding to Welch’s decision two days earlier to delay any further hearings in the probe until after the Nov. 3 election.
The Republican leader from Western Springs, who filed the petition that created the special investigative committee, said the stalling of its work until after the election amounted to Welch attempting to take a dive for Madigan.
“After trying to find every possible roadblock to delay this committee, be it by repeatedly misrepresenting the U.S. Attorney’s Office position and refusing to discuss subpoenaed testimony … Chairman Welch conveniently realized that he was out of excuses and pulled the plug,” Durkin said.
The Illinois House created a Special Investigating Committee in September to study whether Speaker Michael Madigan should be censured for connections to the ComEd bribery scandal. This week, the committee’s chairman, Hillside Democrat Emanuel “Chris” Welch, said the body won’t meet again until after the election. Welch complained that committee members are doing too much political campaigning around the committee’s actions.
To be clear, only two of the committee’s six members face political challenges in November — Republicans Deanne Mazzochi, of Elmhurst, and Grant Wehrli, of Naperville — but, to whatever extent they are inserting the group’s activities into their campaign messages, they are hardly alone in trying to steer its work to political advantage.
Welch and the committee’s other two Democrats have done everything possible to block efforts to subpoena the speaker to answer questions about his involvement with the ComEd case. And, when ComEd offered to provide a document it said would clarify that Madigan — identified in the federal bribery case only as Public Official A — pressed the utility to place one of his supporters on its board of directors, Welch instead asked federal investigators to release several years’ worth of documents related to ComEd and Illinois governors, House and Senate leaders and their staffs going back through the Rauner and Quinn administrations.
In a release condemning delays of the committee’s work, Mazzochi colorfully, and accurately, called this tactic “asking for the haystack after we’ve already found the needle.”
That’s her best line yet.
*** UPDATE *** Jordan Abudayyeh…
As the Governor has said, he strongly believes the Speaker should answer questions and that any opportunity to answer questions is one the Speaker should take. That being said, there is a legislative process underway and as a co-equal branch of government, members of the General Assembly have used this process before and they are capable of managing it on their own.
The Coalition to Stop the Proposed Tax Hike Amendment launched a new ad today reminding voters nothing in the Tax Hike Amendment protects retirement income from being taxed.
In the ad, 85-year-old Phyllis Barklow speaks for retirees in Illinois when she says to vote No to the Springfield Politicians who are threatening to tax retirement income.
This threat was amplified in June by Illinois State Treasurer Michael Frerichs when he said, “One thing a progressive tax would do is make clear you can have graduated rates when you are taxing retirement income.”
As further evidence the Springfield Politicians cannot be trusted on the issue of taxing retirement income, Frerichs this week tried reversing his position, but no amount of flip-flopping can steer voters away from knowing that the Tax Hike Amendment gives Springfield Politicians a blank check to change tax rates and set as many tax brackets as they want—whenever they want, including taxing retirement income.
“Nothing in the Constitutional Amendment protects retirement income from being taxed,” said Lissa Druss, Coalition Spokesperson. “Springfield Politicians want us to trust them with our taxes when they can’t even keep their word on taxing retirement income. Retirees across the state know the Tax Hike Amendment is a direct threat to them. Retirees like Phyllis, who are living on a fixed income, will have to survive with even less if more power is granted to Springfield Politicians.”
It is important to note that of the states that have a graduated income tax, they also have a retirement tax.
They promise they won’t tax retirement income if their constitutional amendment passes, but their measure lets them increase income taxes on every group of taxpayers including retirees.
Even our state treasurer said so publicly.
The truth is nothing in the constitutional amendment protects retirement income from being taxed.
So, we could trust the politicians to be fair to taxpayers or vote no.
…Adding… Quentin Fulks at Vote Yes for Fairness…
Opponents of the Fair Tax are tripling down on an attack that’s been repeatedly called out as flat out false. Their motivation is clear — they have no excuse for why a billionaire is paying the same tax rate as a nurse or why they’re fighting against a tax cut for 97% of Illinoisans, so they’re trying to force the conversation away from what the Fair Tax is really about. Voters won’t be fooled by their deceptive tactics and lies.
He’s not wrong about almost anything until his last sentence. Not convinced of that.