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Raoul, anti-abortion groups to file proposed agreed order in crisis pregnancy center case

Monday, Dec 11, 2023 - Posted by Rich Miller

* Thomas More Society in August…

At an August 3, 2023, hearing in United States District Court, a federal judge granted a motion requested by Thomas More Society attorneys for a preliminary injunction seeking to immediately halt Illinois’ new law attacking life-affirming maternal health care centers. The lawsuit, National Institute of Family Life Advocates et al. v. Raoul, asserts that this law—enacted on July 27, 2023, and amending the Consumer Fraud and Deceptive Business Practices Act—was designed to target pregnancy help ministries solely because of their pro-life message.

“Free Speech won today in the Land of Lincoln—pro-life advocates across Illinois can breathe a sigh of relief they won’t be pursued for ‘misinformation’ by Attorney General Kwame Raoul,” stated Peter Breen, Executive Vice President and Head of Litigation for the Thomas More Society. Breen argued the case on behalf of National Institute of Family Life Advocates and other pro-life ministries, including pregnancy care centers in Illinois.

“Across the nation, pregnancy help ministries are being discriminated against by laws that target their life-affirming work,” said Breen. “The injunction granted today sends a strong, clear message to the country that the First Amendment protects pro-life speech.”

* From the judge’s injunction

In reality, SB1909 reduces the ability of pregnant women to receive information necessary to make an “autonomous” and “informed” decision. Instead of that autonomous decision, SB1909 would cabin a pregnant woman’s decision-making process by allowing only the limited data approved by the state, instead of allowing her to hear both sides’ advocacy and information before making an abortion decision.

The bill was essentially written by Attorney General Kwame Raoul and was based on a Connecticut law which had withstood judicial scrutiny. Raoul was its top advocate

Attorney General Kwame Raoul, whose office pushed for the law during the General Assembly’s spring legislative session, has often told the story of a visit to an abortion clinic where his driver was stopped by CPC volunteers who carried clip boards and attempted to divert him from going into the facility, instead saying they needed to check him in first.

A spokesperson for Raoul’s office did not return a request for comment Friday, but last week he told reporters that he was “confident” the law would be upheld in court.

* Well, here’s AG Raoul today…

Attorney General Kwame Raoul issued the following statement in the case of National Institute of Family and Life Advocates et al. v. Kwame Raoul. Raoul’s office filed a proposed agreed order in the U.S. District Court for the Northern District of Illinois Western Division.

“As filed, this proposed order is agreed to by the parties in this case and in no way affects my ongoing work protecting women’s rights to access the full range of reproductive health services. Furthermore, this proposed order does not alter Illinois’ Consumer Fraud and Deceptive Practices Act or my office’s preexisting authority under the act, and I remain committed to protecting consumers against all deceptive practices.

“Patients in Illinois can be assured that as states continue to enact draconian restrictions on access to reproductive health care, I will not waver in my efforts to ensure that Illinois remains an oasis of reproductive freedom in the middle of our nation.”

The proposed order wasn’t included in the release. It won’t actually be filed with the court until tomorrow. But I’ve talked with some pro-choice people this evening who are quite unhappy with this turn of events. Expect reactions tomorrow.

…Adding…. Apparently the AG will agree not to pursue legal claims under the new law, but reserves the right to legally challenge under the state’s Consumer Fraud law, which he believes covers the topic. That begs the question of why he pushed so hard and expended the political capital to pass this new law in the first place.

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IDNR removed 750,000 pounds of silver carp from the Illinois River in ten days

Monday, Dec 11, 2023 - Posted by Rich Miller

* This is quite a haul. IDNR press release

Illinois Department of Natural Resources fisheries biologists, with support from contracted commercial fishers and biologists from the Illinois River Biological Station, wrapped up a 10-day intensive harvest operation in the Starved Rock pool of the Illinois River, resulting in the removal of an astonishing 750,000 pounds of silver carp between Nov. 27 and Dec. 6.

This is the largest single removal effort IDNR has undertaken and is believed to be a record for freshwater harvest within the United States.

“Clearly, this removal technique is highly effective, but it is also highly dependent on water levels and water temperature,” said Brian Schoenung, aquatic nuisance species program manager for IDNR. “This past week provided near perfect conditions, which facilitated the record-breaking haul of fish.”

IDNR uses funding support from the U.S. Environmental Protection Agency through the Great Lakes Restoration Initiative to contract with commercial fishers. These fishers, under supervision by IDNR staff, annually remove more than 1 million pounds of invasive carp from the Starved Rock, Marseilles, and Dresden Island pools of the Illinois River, especially targeting the Starved Rock and Marseilles pools.

These efforts help prevent invasive carp from becoming established in the Great Lakes by reducing the population pressure on the electric dispersal barrier system near Romeoville.

Reducing the numbers of adult fish in this area, where small fish have rarely been found, suppresses adult populations and upstream migration, reducing the risk of invasive carp nearing the electric dispersal barrier. During the past 13 years, such efforts have contributed to a nearly 95% reduction in the density of fish in these upstream areas, further protecting the Great Lakes. […]

The seine operation used in on the Illinois River is an experimental effort to expand removal of silver carp. A seine is a fishing net that surrounds fish on the sides and underneath and brings them to the bank. It’s most effective in cool water when silver carp cannot jump out over the net.

Last year, crews utilized the seine to remove 350,000 pounds of invasive carp. As experience has grown, so has the effectiveness of this technique, culminating in the 750,000 pounds removed this month.

In total, such removal efforts contribute to approximately 1 million pounds of invasive carp removed from Illinois waterways annually. In 2023, the most recent catch will bolster total annual removal to 1.7 million pounds.

These efforts would not be possible without the support of Illinois-based invasive carp processors who provide trucks daily for removal and disposal of the fish. Both Sorce Freshwater in Peoria and Aquatic Protein in Beardstown provided trucking and removal support.

* For comparison, the annual Redneck Fishing Tournament harvested about 20,000 pounds of fish near Bath, Illinois this past summer. But the tournament has some rules which limit their catches

“The fish were huge this year. We dodged more than we probably caught, but it was a lot of fun,” John Patterson, a participant, said. […]

The fish hurl themselves right out of the water. The goal is to see how many you can net or knock into your team’s boat. Our boat had nine unexpected jumpers, at one point even having three at once.

[Patterson didn’t win a Golden Horseshoe today, but he did get this post.]

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Isabel’s afternoon roundup

Monday, Dec 11, 2023 - Posted by Isabel Miller

Today’s top stories

ProPublica writer Vernal Coleman tells the story of an infamous Indiana gun shop that is linked to hundreds of recovered guns in Chicago.

The Belleville News-Democrat reports that U.S. Senators Tammy Duckworth and Dick Durbin and U.S. Rep. Nikki Budzinski have asked the Centers for Disease Control and Prevention to investigate how decades of flooding and exposure to sewage have affected Cahokia Heights residents’ health.

State-wide news

    * WGLT | A report on nutrient pollution in Illinois’ waterways shows more work is needed: “Nutrient levels in Illinois waterways continued to increase in 2021 and 2022 compared to baseline measurements, and the NLRS partnership anticipates the strategy will likely fall short of its 2025 interim goals, particularly for phosphorus,” the report notes. “This is despite multi-sector investments in resources and practices that support nutrient loss reduction across the state.”

    * Daily Herald | Are electric vehicle owners paying enough for Illinois roads?: An additional $100 fee charged to electric vehicle owners in Illinois generated more than $8.8 million for the state in the last year. That’s up more than $3.3 million from a year ago, and is earmarked for road construction projects in the state, according to Illinois Secretary of State figures.

    * Cannabis Business Times | Illinois Governor Signs Bill Waiving Cannabis Transporter Fees: The legislation, Senate Bill 1559, also restricts the Illinois Department of Agriculture from making available or accepting new license applications for cannabis transporters until January 2027. […] “The [multi]-year moratorium on new transporter licenses will allow the current, smaller independent transporters to secure contracts and grow their businesses,” Pritzker said in a press release. “License holders will also have a [multi]-year holiday from paying annual fees to further aid these small businesses as the industry develops.”

    * Sun-Times | Illinois hunters harvested 76,232 deer during firearm season, down from 2022: For the first modern season where certain rifles were allowed during Illinois’ firearm deer season, the impact appears negligible or minor on harvest totals. Illinois hunters harvested 76,232 deer (preliminary numbers) during the two parts of firearm season, down slightly from 76,854 deer in the 2022 firearm season. The weather being almost too nice first season may have had a bigger impact than use of rifles.

    * Sun-Times | $40M project highlights pastor’s 25-year effort to bring affordable housing to North Lawndale: Developers of a mixed-income complex in North Lawndale hope to inspire residents to return to a community where a lack of affordable housing has driven people away. The six-story, 65-unit Grace Manor has been spearheaded by the Rev. Marvin Hunter, pastor of the nearby Grace Memorial Baptist Church.

    SJ-R | Springfield Parks District seeks state OK to install video gaming terminals at golf course: Among them, the Springfield Parks District wants to add video gaming at a local golf club which is pending approval from the Illinois Gaming Board. Executive Director Derek Harms told The State Journal-Register that the district recently applied to install video gaming terminals at the Bunn Golf Course clubhouse. IGB confirmed it had received the application in October and was in the process of reviewing it.

    * Patch | Long Grove Student Wins Voting Sticker Contest: Lake County: Annika, a seventh-grader at Woodlawn, was the winner of the 6th through 8th grade category and the overall grand prize winner for all ages. “Annika’s exceptional artistry secured the grand prize, earning the honor of having their design transformed into the official Lake County ‘I Voted’ sticker in 2024,” Lake County Clerk Anthony Vega said in a press release.

    * Press Release | Illinois Beverage Association announces selection of Madeline Norris as Executive Director: Skilled in policy analysis, negotiation, relationship management, and legislative process strategy, Norris previously served as Legislative Director for Illinois House Majority Leader Robyn Gabel. “My team and I are excited to take on this new role as Executive Director of the IBA” stated Norris. “The opportunity to serve the IBA’s bottling, manufacturing, and franchisee members throughout the State of Illinois is a great honor and privilege, every day these members serve Illinois residents by providing the most popular, innovative, non-alcoholic beverage choices of every type in the world.”

What’s going on in the Windy City?

    * Block Club | City Says It Has ‘No Immediate Plans’ To Build Far South Side Tent Camp For Migrants: An assessment of the lot at 115th and Halsted streets “is ongoing but will be complete soon,” Ronnie Reese, Johnson’s spokesperson, said in a statement to Block Club. […] “There are no immediate plans to erect a base camp at the site,” Reese said. “We are still in talks with Ald. Mosley and the State of Illinois around the possibility of using the site for temporary resident housing.” State officials are “currently not involved with that site,” Jordan Abudayyeh, deputy chief of staff for communications at the governor’s office, said in a statement to Block Club. “…If we are asked by the city to fund and operate a shelter there, we will ensure IEPA signs off on environmental reporting,” Abudayyeh said.

    * Sun-Times | Near West Side ventures seed growth in Chicago manufacturing: In mHUB’s case, it will cut the ribbon Tuesday on its new home. It has taken over a nearly century-old building with a clock tower at 240 N. Ashland Ave. and given it a new address to suit its purposes, 1623 W. Fulton St. The 80,000 square feet will afford mHUB more space for prototyping and testing compared with its former base on Chicago Avenue.

    * WTTW | Private Trash Haulers Rarely Face Punishment for Illegal Pickups, City Data Shows: Despite scores of noise complaints from frustrated residents jolted awake by garbage trucks, private trash haulers have been slapped with just five tickets for illegal pickups during quiet hours over the last two years. That’s according to a WTTW News analysis of data obtained from the Chicago Police Department and the city’s 311 nonemergency line.

    * Tribune | Chicago homicides in 2023: 588 people slain. Here’s how that compares with previous years: After a two-year spike during the pandemic and national outrage over police accountability, Chicago began to see a decline in homicides in 2022. In 2021, 797 people were slain — 25 more than in 2020.

    * People’s Fabric | Crooked Chicago Cop Crew Seen in Videos Stealing Guns, Drugs, and Cash: Four Calumet District tactical unit officers were stripped of their police powers after filing false reports—in one instance, they even let a man wanted for murder walk away smoking his blunt.

News from outside the Land of Lincoln

    * Chalkbeat | How researchers see AI helping university admissions officers comb through college essays: The possible use of AI in admissions, however, raises questions about how universities would responsibly use it, especially because college admissions officers have said essays might carry more weight in the wake of the Supreme Court decision eliminating the use of race-based admissions. […] To develop the AI tool, D’Mello and researchers from the University of Pennsylvania used more than 300,000 anonymous, 150-word essays submitted to colleges in 2008 and 2009. Those essays focused on extracurricular activities and work experiences.

    * Reuters | Texas woman who asked court to allow emergency abortion will leave state for care: A woman who had asked a court for an order allowing her to get an abortion under the medical emergency exception to Texas’ near-total ban will leave the state to receive care while the state’s highest court considers her case, her lawyers said in a court filing on Monday.

    * Metro News | Gubernatorial candidate Mac Warner: ‘The election was stolen, and it was stolen by the CIA’: For Warner, who has served as West Virginia’s Secretary of State since 2017, the claim was a variation on a consistent public position of casting doubt on the presidential election. Warner is now vying to become West Virginia’s chief executive, touting his long record in the U.S. Army and his two terms as the state’s chief elections officer. Polls have shown him running behind some of the other candidates, but he has picked up a key endorsement from the former president’s orbit and hopes for more.

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The DSA and the Eastern Bloc

Monday, Dec 11, 2023 - Posted by Rich Miller

* I noticed something over the weekend and was curious if you saw the same sorts of parallels. Tribune

[Ald. Andre Vasquez] has been painted as an anti-law enforcement extremist by his social media critics on the right, yet the Chicago Democratic Socialists of America renounced him in 2020 for a budget vote that maintained Police Department funding.

The alderman is no longer a member of the local DSA, but he still labels himself a socialist — just a realistic one. “When you have movements of people who rightfully, and justifiably, are angry at government, it feels like the only energy people know is angst,” he said in a recent interview. […]

“It’s a microcosm of the big problem — the big question on the left … How much purity can we demand?” [Steve Weishampel, a member of the Chicago DSA and former co-chair] said. “I would not want to elect a socialist who, just like at the end of ‘Animal Farm,’ starts to look like all the others. … They have to stay radical. They can’t become a normie.”

* From US Rep. Mary Miller’s endorsement of Darren Bailey

“Darren is MAGA to his core, and I was so honored when President Trump came to Illinois last year for a rally to endorse me and Darren as pro-Trump, America First candidates in 2022.” […]

Bailey responded to the announcement by sharing with Illinois Review that Congresswoman Mary Miller’s endorsement is further confirmation of the strong grassroots support he has from the America First movement in the 12th District race.

“Mike Bost is hoping that special interest cash from lobbyists and establishment elites will paper over his liberal voting record, but the truth is the voters know better. They know I am the true conservative in this race, which is why I have the endorsement of one of the most conservative members of Congress – Mary Miller.”

The rhetoric is quite similar. The difference in this particular case is that Ald. Vasquez easily won reelection this year, but Bost might not do the same in March.

Anyway, I’m curious if y’all think this is a fair or even accurate comparison.

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Google can be your friend

Monday, Dec 11, 2023 - Posted by Rich Miller

* The rise in crime in Chicago’s Bucktown area is real and undoubtedly scary. But some folks are lashing out at straw men, and members of the news media have too often amplified their false claims. Here’s a particularly egregious example from Block Club Chicago

Bucktown residents vented frustrations about a recent rise in burglaries, thefts and armed robberies in the neighborhood at a public forum Thursday evening, peppering state lawmakers with safety concerns and calling on them for legislative action.

“Neighbors are feeling terrorized. They’re fearful. They’re scared,” said Steve Jensen, board member of the Bucktown Community Organization, which hosted the forum. “I personally would like to see stricter consequences for crimes so that when the idea pops in peoples’ minds, they think twice.”

Robberies in the Shakespeare (14th) Police District, which includes Bucktown and parts of Wicker Park and Logan Square, are up 59 percent as of Nov. 26 of this year compared to 2022, according to city data. The district has seen a 129 percent jump in robberies in 2023 versus this period in 2019. […]

Jensen said he wanted to give residents the opportunity to voice their concerns directly to lawmakers. In his view, a “watering down” of laws, including raising the felony theft threshold from $250 to $1,000, has allowed burglaries to proliferate. […]

When pressed by neighbors about whether state leaders would commit to sponsoring a bill that would bring the felony theft minimum back down to $250, [Rep. Jawaharial Williams] vowed to meet in the middle.

“Let’s go to $500,” Williams said. “Absolutely, I’ll do that.”

1) The state’s felony theft minimum is set in statute at $500. A five-second Google search (Illinois felony theft law) by the reporter, or Rep. Jawaharial Williams or the two other legislators in attendance would have shown that.

2) Burglary is a different crime and is set in statute as a felony. Again, the Google can be your friend (Illinois burglary law).

3) Robberies are mentioned at the top of the story. Robbery is a felony in Illinois. Again, a five-second Google search (Illinois robbery law) would have cleared that up.

4) It’s not directly mentioned above, but this is not a Pre-Trial Fairness Act issue, either. Robbery, residential burglary and vehicular invasion are all detainable offenses. (Pre-trial Fairness Act).

5) The bottom line is perpetrators can’t even be sentenced if the police don’t catch the alleged criminals. And, yes, the local state’s attorney doesn’t prosecute retail thefts as felonies below $1,000, but people are up in arms about much different crimes. Either way, this is not a sentencing law issue.

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Question of the day: 2023 Golden Horseshoe Awards

Monday, Dec 11, 2023 - Posted by Rich Miller

* The 2023 Golden Horseshoe Award for Best Government Spokesperson/Comms goes to Jason Rubin

He does a lot of work out of the spotlight, but Jason Rubin is a huge reason that the Governor’s office communications shop functions with such efficiency and competency. Jason works with all the state agencies on everything they release to the press every day. The one two punch of Jordan Abudayyeh and Jason are an unrivaled team in Government comms - Rubin deserves recognition for the quiet and steady work he puts in every day.

A very special shout-out to Henry Haupt, who recently retired.

* The 2023 Golden Horseshoe Award for Best Statehouse-Related Public Relations Spokesperson is a tie: Monique Garcia

Calm, cool, collected, knowledgeable, ever-present. Just a few adjectives that describe her. Seamlessly juggles the needs of an impressive list of demanding clients. Overlays her comms knowledge with deep knowledge of the state house and the overlapping political and social environment.

Becky Carroll

Becky has a long, diverse career in Ilinois politics and government. She is thoughtful, heartfelt and passionate. The job she did managing Protect Illinois’s Families on the gun control issue led to major results.

Congratulations!

* On to today’s categories…

    Best Democratic Illinois State Representative

    Best Republican Illinois State Representative

We will also have a lifetime achievement award this year.

Make sure to explain your nominations or they won’t count. And please do your utmost to nominate in both categories. Thanks!

* We’ve raised almost $52,000 to buy Christmas presents for foster kids in Lutheran Social Services of Illinois’ program. Please click here to help. Thanks so very much!

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Protected: SUBSCRIBERS ONLY - Update to today’s edition (Updated numerous times)

Monday, Dec 11, 2023 - Posted by Rich Miller

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‘Members of the press outnumbered the protesters’

Monday, Dec 11, 2023 - Posted by Rich Miller

* NBC 5 last Thursday morning

While controversial migrant base camps in the Chicago neighborhoods of Amundsen Park and Brighton Park won’t move forward, a former Catholic school in Portage Park is set to become a migrant shelter, holding as many as 350 people. […]

Residents of Portage Park, however, are set to protest the move during a rally Thursday afternoon, citing a lack of transparency from the city, and saying they weren’t included in the process.

Video is here.

* NBC 5 Thursday afternoon

Outside of the former St. Bartholomew Catholic School in Portage Park, a group of residents and community members shared their concerns and complaints with city leadership, now that the building could be slated to become a temporary migrant shelter.

“They have no clue what they are doing,” said Patrick Gibbons. “They have to take care of their own people before they take care of anyone on the outside.”

Residents said a lack of safety is their main issue with the plan.

“I really don’t feel safe with any new strangers walking around the neighborhood,” said Wally Prusko, a longtime resident. “I wish things wouldn’t go in this direction and I hope things can worked out.”

* But, as Block Club Chicago reported, aside from the news media, hardly anyone actually showed up

A lightly attended protest outside the former Catholic school Thursday, organized by Belmont Cragin resident Patrick Gibbons, included denouncements of the shelter plans from a South Side pastor, a Republican candidate for a suburban congressional seat and a few Portage Park neighbors. Members of the press outnumbered the protesters.

At least Gibbons is finally in his own part of the city for a change. Another “protester,” Anthony Wilson, lives on the South Side.

Anyway, good on Block Club for not going out of its way to gin this up.

* OK, on to the weekly report. On Friday, the city said 30 buses had arrived during the previous week, but only 575 asylum-seekers were in staging areas, with 399 at police district stations and 176 at O’Hare Airport. That’s an overall drop of 44 percent from the week before, when 1,032 were in staging areas.

Two police district stations near St. Bartholomew were literally overrun with asylum-seekers a few weeks ago, with tents set up outside. Those folks have since been moved out, which may be why people in the neighborhood aren’t so concerned about the new shelter.

* More from Isabel…

    * Journal & Topics | Elk Grove Village Enacts Ordinance To Prevent Migrants From Being Housed In Village : The ordinance says it is unlawful to rent or provide the occupancy of any public sleeping units to any person who has been outside the United States within the prior 12 months unless that person has documentation from a certified infectious disease physician that the person is not now or within the prior 60 days, diagnosed with a communicable disease. The ordinance mentions malaria and tuberculosis specifically along with any other communicable disease.

    * Tribune | Johnson administration begins filing lawsuits against operators of ‘rogue buses’ of migrants: The city has filed 55 lawsuits since it implemented new rules about when and where buses can arrive in mid-November, the Law Department said. The lawsuits address 77 total buses accused of violating the rules, and public records show at least some cases are seeking fines against the bus companies. … The mayor’s office is now seeking the ability to impound buses that don’t follow the rules and fine owners up to $3,000. Chicago police would write the citation, Jeffrey Levine, deputy corporation counsel for the city, told aldermen at a committee meeting Friday. The city could also cite companies by mail, if the bus information is captured on camera.

    * CBS 2 | Chicago migrant crisis: Records shed light on contract for tents, city cracks down on buses: We are also keeping tabs on the environmental review for the second proposed migrant tent location in Morgan Park. Sources told us the review was supposed to be completed on Friday. Ald. Ronnie Mosley (21st), whose ward includes the area, told us he has not received anything yet.

    * Crain’s | City moves to step up enforcement on bus companies bringing migrants: The city is adding impoundment to the list of penalties on private bus operators that don’t obey rules on where and when to drop off migrants they’re bringing to Chicago. The additional penalties were teased last month when Mayor Brandon Johnson announced new rules around how the city will care for asylum-seekers arriving here, including issuing 60-day exit notices to migrants living in city shelters.

    * Tribune | Waiting in fear: A migrant mother struggles to find health care in Chicago: Migrants interviewed by the Tribune staying at city-run shelters and police stations say they are worried about their health and that of their children. Esperanza said health care was not an option for her in Venezuela. Hospitals were understaffed and treatment was too expensive, she said. “The operation I needed at Hospital Universitario in Maracaibo would have cost me $2,000. That just wasn’t feasible,” Esperanza said.

    * WGN | St. Sabina Church helps migrants in Chicago with donations: Migrants have been coming to St. Sabina for quite some time now. The giveaway included things like teddy bears, bus cards, clothes and hygiene products. “We are spending somewhere between $12-15,000 a week on coats, cards, McDonalds,” Father Michael Pflegere said. He said the vast majority is from donations but as the group grows, more help is needed.

    * ABC Chicago | Legal aid clinic helps Venezuelan migrants apply for temporary protected status, work authorization: “We don’t have a Venezuelan consulate, so if they don’t have a passport, it makes things even more complicated,” said immigration attorney Nubia Willman. Dozens of lawyers, law school students, and translators volunteered their time on Saturday to help the native Spanish speakers navigate the process, which includes filing out 31 pages of government forms, all in English.

    * Chicago Defender | A Venezuelan Exodus: UIC Prof Explains What Helped Fuel Migrant Crisis: Nicole Jeanine Johnson: As this is a recipe for disaster, how have these factors contributed to the country’s mass exodus? Soledad Álvarez Velasco: So the fall of the oil prices in the global economy, commodities, sanctions and the internal collapse of its state has provoked this massive exodus. We haven’t witnessed any exodus of such magnitude in the region ever in the scope of its 14 years. Since 1999, up until the present, [nearly] 8 million Venezuelans have left their country.

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A rethink may be in order here

Monday, Dec 11, 2023 - Posted by Rich Miller

* My weekly syndicated newspaper column

Imagine a lobbyist approaching a legislator and promising that if the member voted for a specific bill, the lobbyist would contribute to their campaign committee.

Lobbyists have been convicted here for doing just that, going back to at least 1982.

Legislators would be violating state law if they made that deal. The statute prohibits legislators, candidates and others from promising “anything of value related to State government,” including any “action or inaction on any legislative or regulatory matter, in consideration for a contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective office.”

So, when I saw a recent candidate endorsement questionnaire, that’s the first thing that came to mind. But after I thought about it and did some research, I decided my initial impression may be wrong. Even so, I came away from this believing organizations that send out these questionnaires need to rethink their approaches, and legislators definitely need to study what they’re signing.

Equality Illinois’ latest endorsement questionnaire informs candidates: “We will consider your votes on the following bills as well as your responses to the following questions.”

The first question involves legislation to fully implement the Keeping Youth Safe and Healthy Act from 2021. “Will you recommit to voting for this initiative?” legislators are asked.

To be clear, it doesn’t look like they’re violating state law, nor are the many other groups that ask similarly worded questions. As you can see above, the law as written is aimed at legislators and candidates, and the criminal case law in question (People v. Brandstetter) was a straight-up offer of a $1,000 campaign contribution for a vote.

Equality Illinois’ CEO Brian Johnson said the questionnaire was vetted by longtime elections attorney Michael Dorf, who Johnson said, “sees no legal issues with our questions or our process.”

Equality Illinois’ Johnson insisted “a positive answer on any one question does not guarantee an endorsement, nor does a negative answer on any one question guarantee a non-endorsement.”

It is instead a “totality of factors,” including their voting history, their “level of support for the LGBTQ+ community broadly,” their “partnership with LGBTQ+ community groups,” their “connection to the LGBTQ+ community” and their answer to the four questions posed to them. Those questions are part of a “holistic picture,” Johnson said.

Illinois is among “a minority of states that doesn’t require the teaching of sex ed,” Johnson said, and that’s what the bill on the questionnaire is about — making sex education mandatory in public schools.

Illinois law allows school districts to opt out. “LGBTQ+ kids are literally dying,” Johnson said, pointing to a decline in the number of schools offering sex ed during the past few years. “LGBTQ+ youth have higher rates of bullying, higher rates of mental health challenges and higher rates of suicide. When schools refuse to teach public health and safety education, LGBTQ+ kids suffer, some with their lives.”

So, Johnson said, “Knowing whether a candidate is willing to support legislation that will save kids’ lives — while not dispositive — is very important to our board in making their endorsements.”

Jay Young of Common Cause Illinois told me, “The prohibition in Section 5-30 applies to legislators and candidates and not to groups like Equality Illinois, so there isn’t anything unlawful about their questionnaire.”

But does that mean legislators and candidates could be the ones in hot water if they pledge to vote for a bill on an endorsement questionnaire?

Common Cause’s Young wondered whether candidates and legislators “shared the same understanding about providing a “holistic” picture that Equality Illinois claims to be looking for.

“I’m not sure that that comes across fully in the language of the questionnaire that plainly states, ‘We will consider your votes on the following bills as well as your responses to the following questions.’”

Also, would the group really endorse someone who answered “no” on that very important question? Johnson said they could in certain circumstances, like if a strong supporter opposed it over a local issue or faced a homophobic opponent with a decent chance of winning.

The bottom line, though, is associations, legislators and candidates really need to think these things through. Are the groups putting legislators and candidates in any sort of jeopardy? And are the legislators and candidates opening themselves up to criticism … or worse?

Yes, these groups need to know who they’re dealing with. I can certainly see the nuance here. But others may not be so inclined.

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Monday, Dec 11, 2023 - Posted by Rich Miller

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Open thread

Monday, Dec 11, 2023 - Posted by Isabel Miller

* I hope y’all had a relaxing weekend! What’s going on in your part of Illinois?…

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Isabel’s morning briefing

Monday, Dec 11, 2023 - Posted by Isabel Miller

* ICYMI: Chicago steps-up enforcement on “rogue” buses that drop off asylum seekers without notifying the city.Tribune

    - The city has filed 55 lawsuits since it implemented new rules about when and where buses can arrive in mid-November.
    - 77 total buses are accused of violating the rules.
    -The rules also require intercity buses to apply for approval from the city to drop off passengers.
    - The mayor’s office is now seeking the ability to impound buses that don’t follow the rules and fine owners up to $3,000.

* Related stories…

* Isabel’s top picks…

* Here’s the rest of your morning roundup…

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Live coverage

Monday, Dec 11, 2023 - Posted by Isabel Miller

* Live coverage is back, sorta. This will be different than the old Scribble Live feed because Twitter broke itself and almost everything else it touched. These new feeds do not update instantly. There’s a bit of posting lagtime, but it’s much better than nothing. We are also limited to just 20 Twitter sources. The service may also not last long. We just can’t give you any guarantees about this. You can still click here or here to follow breaking news the way we’ve done since Twitter stopped Scribble Live from working…

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Live Ed Burke Trial Coverage

Monday, Dec 11, 2023 - Posted by Isabel Miller

* These new feeds do not update instantly. There’s a bit of a lagtime and you have to refresh the page every now and then. The service we’re using may also not last long. We just can’t give you any guarantees. You can still click here to follow the Ed Burke trial on Twitter. Posts without a Twitter author name below them are from online news sources via Bing

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* Isabel’s afternoon roundup
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