In July 2020, plaintiffs, Illinois county sheriffs, filed an amended complaint seeking a writ of mandamus against defendants, state officials sued in their official capacities, to compel the Illinois Department of Corrections (DOC) to accept all transfers of prisoners to its custody pursuant to several provisions of the Unified Code of Corrections. Plaintiffs also filed a renewed motion for a preliminary injunction requiring defendants to accept inmates to DOC pursuant to the Code. Plaintiffs contended the Governor, through Executive Order 2020-13, lacked the discretionary authority to limit transfers of convicted offenders during a public health crisis. Subsequently, defendants responded to plaintiffs’ motions stating, in relevant part, plaintiffs failed to establish a prima facie case for a preliminary injunction where the Governor acted within his authority under the Illinois Emergency Management Agency Act. Specifically, defendants pointed to Executive Order 2020-50, which rescinded Executive Order 2020-13 and required DOC to resume accepting transfers from county jails, subject to an intake process designed to ensure health and safety of transferees and DOC staff.
In August 2020, the circuit court entered a preliminary injunction requiring DOC to immediately begin accepting transfers of “all inmates” who would normally be sent to DOC pursuant to the Code, without including any protocols to prevent the spread of Coronavirus Disease 2019 (COVID-19). Defendants filed a notice of interlocutory appeal, challenging the preliminary injunction.
On appeal, defendants argue (1) this court should vacate the preliminary injunction requiring DOC to accept all transfers of inmates from all county jails in Illinois without regard for the health screening measures put in place by the Governor and DOC because (a) the circuit court committed legal error regarding the Governor’s emergency powers under the Act, (b) plaintiffs failed to show that they would suffer irreparable injury without an injunction, and (c) the balance of hardships weighed heavily against the injunction and (2) in the alternative, the circuit court’s statewide injunction is overbroad. We vacate and remand for further proceedings.
Q: The IFT is calling on ISBE and you to close all school buildings and have all schooling be remote for the foreseeable future due to the COVID surge. Is this something you will consider what is your response?
A: We’re always thinking about our school children and the parents and the teachers. And it’s right now not something that we’re doing. But I will say that we’ve ensured a set of parameters that are safe for schools. We need schools to follow those parameters. Most are.
I think we’ve got more than 60% of school children in Illinois who are currently remote learning, and about 30 some percent that are doing some form of hybrid learning in school and out.
And, you know, it’s not ideal, by any means but we have a covid storm that’s hitting and I think you know the school districts are doing the best they can.
Make no mistake: our members are working harder than ever - long hours, working in environments that risk their health, learning new ways to reach students, and doing everything they can to make learning successful this year. Our members from preschool to higher education want to be back with their students, but the stakes are too high to open school buildings for in-person instruction while the death toll and infection rates surge. We understand the pain that both parents and students are going through to adjust to this new reality. That’s why we urge the public to adhere to CDC guidelines by wearing a mask and social distancing. Public health officials have warned us that with the winter and holidays ahead, COVID-19 outbreaks will only worsen while the virus thrives in enclosed spaces. The sooner the virus is under control, the sooner we can return to a semblance of normalcy.
* The Question: Should schools go to remote learning during this surge? Take the poll and then explain your answer in comments, please…
* Let’s hope she has a mild case and can quickly recover…
Consistent with medical advice, I will be working remotely from my home in Illinois until cleared by my physician. All individuals that I had been in contact with have been notified.
Across the country and the Congressional District I serve, COVID case numbers are skyrocketing.
“The numbers are devastating right now,” said physician Robert Citronberg, executive medical director of infectious disease and prevention at Advocate Aurora Health.
“Our health care system cannot absorb doubling or tripling of those numbers as might happen if we have many super-spreader events arising out of Thanksgiving,” Citronberg explained at a briefing.
* Speaking of Thanksgiving, check out what happened in Alberta…
Officials say too many residents are disregarding public health guidance as Williamson County grapples with an escalating test positivity rate and death toll from the coronavirus.
“It’s people just not wanting to take it seriously. But how much more real can it get when it’s breaking records every day?” said Williamson County Commissioner Brent Gentry, who also sits on the Franklin-Williamson Bi-County Health Department’s board.
* The Tribune has a story about a suburban school board caught in the crossfire of vocal radicals…
When Brad Paulsen heads out on his regular walks through his Wheaton neighborhood these days, he dons his face mask, pulls on a golf cap and keeps his fingers crossed he will remain incognito.
Paulsen, an architect, father of two and school board president in Community Unit School District 200, is not typically antisocial. But since the district’s decision Wednesday that surging COVID-19 rates demanded a return to remote learning at the district’s middle schools and high schools, Paulsen has been bombarded with angry email messages from parents. One suggested if a student were to die by suicide, Paulsen and the school board would be to blame.
Just a few weeks earlier, when schools reopened for in-person instruction, Paulsen’s LinkedIn account was hit with a menacing message from an anonymous sender warning if their relative, a District 200 teacher, died from COVID-19, it would be Paulsen’s fault.
Social media rants lambasting the superintendent and the school board are even worse, he says, especially when the ballistic comments are posted by parents in his own neighborhood.
In-person classes at high schools and colleges statewide will be suspended for three weeks along with eat-in dining at restaurants and bars under sweeping new restrictions aimed at reining in the exponential growth of coronavirus cases in Michigan, Gov. Gretchen Whitmer announced Sunday.
The new public health order is to take effect Wednesday, and includes the cancellation of organized sports and group exercise classes, though gyms may remain open for individual exercise with strict safety measures, and professional and college athletics may continue.
Casinos and movie theaters, indoor ice rinks, bowling alleys and bingo halls also will have to temporarily shut down, and all businesses are asked to allow employees to work from home if possible.
Gatherings inside homes are limited to two households at any time and health officials strongly urge families to pick a single other household to interact with over the next three weeks.
Gov. Gretchen Whitmer on Monday denounced as shocking and reckless a call from a Trump administration official for Michigan residents to “rise up” over new coronavirus restrictions she announced Sunday.
“It’s just incredibly reckless, considering everything that has happened, everything that is going on,” Whitmer said in a call with Capitol reporters.
The entire state of Iowa is now out of staffed beds, Eli Perencevich, an infectious-disease doctor at the University of Iowa, told me. Worse is coming. Iowa is accumulating more than 3,600 confirmed cases every day; relative to its population, that’s more than twice the rate Arizona experienced during its summer peak, “when their system was near collapse,” Perencevich said. With only lax policies in place, those cases will continue to rise. Hospitalizations lag behind cases by about two weeks; by Thanksgiving, today’s soaring cases will be overwhelming hospitals that already cannot cope. “The wave hasn’t even crashed down on us yet,” Perencevich said. “It keeps rising and rising, and we’re all running on fear. The health-care system in Iowa is going to collapse, no question.”
The Missouri Senate has postponed a special legislative session focused on limiting COVID-19-related lawsuits after a COVID-19 outbreak within its ranks.
Senate Majority Leader Caleb Rowden announced on Twitter Monday that “due to a number of positive COVID-19 cases” among senators and their staff, the upper chamber would postpone the special legislative session until after Thanksgiving.
I didn’t realize Mike Madigan was Speaker of the Missouri Senate. /s
The Illinois Department of Public Health (IDPH) today reported 11,632 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 37 additional deaths.
- Clinton County: 1 male 50s
- Cook County: 1 female 50s, 1 male 50s, 1 female 60s, 3 males 60s, 2 females 70s, 3 males 70s, 1 female 80s, 2 males 80s, 3 females 90s, 2 males 90s
- DuPage County: 1 female 90s
- Edwards County: 1 male 80s
- Iroquois County: 1 female 60s
- Kane County: 1 male 50s
- Lake County: 1 female 50s
- LaSalle County: 1 male 60s, 1 male 70s, 3 males 90s
- Madison County; 1 male 80s
- McDonough County: 1 female 70s
- Peoria County: 1 female 80s
- Pike County: 1 female 80s, 1 male 80s
- Wayne County: 1 male 80s
- Will County: 1 female 90s
Currently, IDPH is reporting a total of 585,248 cases, including 10,779 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 90,612 specimens for a total 9,161,453. As of last night, 5,581 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,144 patients were in the ICU and 514 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 9 – November 15, 2020 is 12.5%. The preliminary seven-day statewide test positivity from November 9 – November 15, 2020 is 14.7%.
*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.
* As I told you last week, the Pritzker administration asked the 2nd District Appellate Court to “publish” its opinion on the Fox Fire restaurant case upholding the IDPH mitigation rules. Publishing the case would make the decision legal precedent.
Researchers from Stanford University and Northwestern University have used the mobile-phone data of 98 million Americans to model how the virus spread during the first wave of Covid-19 in the spring.
The study, published in journal Nature this past week, showed that restaurants, gyms, hotels, cafes and religious organizations carried the biggest risk of spreading infections.
* On to the Illinois Municipal League. I’m not sure why they’re complaining about lack of help with enforcement. Do they ask for state assistance to deal with shoplifters, too? Just enforce the law. How difficult is that to do?…
The Illinois Municipal League (IML) is calling on Gov. J.B. Pritzker’s Administration to convene a working group comprised of mayors and other local officials to better coordinate coronavirus response efforts at the community level as cases surge across Illinois.
Since April, mayors across Illinois have repeatedly asked to be included in the process of developing mitigations and enforcement measures. A lack of communication from the state as well as little support in enforcing mitigation measures has frustrated mayors who are seeking to protect their communities but have been met with resistance. A more collaborative approach will help ensure the state is better informed of local issues caused by the pandemic, including challenges related to mitigation compliance, and will help promote a more effective community-level response by ensuring local officials are apprised of the latest data driving mitigation efforts.
“We have consistently advised all municipal leaders to abide by health guidelines issued by the Illinois Department of Public Health and the Centers for Disease Control and Prevention. However, there is a clear need for additional collaboration,” said Brad Cole, IML Executive Director. “The governor has called for an ‘All-in’ approach to address this crisis yet has rebuffed requests to work hand in hand with local officials to implement solutions that protect our residents. Simply blaming mayors for rising cases does nothing to address the underlying issues preventing more effective mitigation results, including distrust of state mandates among residents and the need for state and county enforcement of mitigation measures. It is time for the state to work together with mayors, not just point fingers at them, to stem this rising tide.”
Most cities, towns and villages have a limited set of tools when it comes to implementing coronavirus mitigation measures. For instance, they have no control over food licenses. It falls on the individual county public health departments to revoke an establishment’s food license for failing to abide by mitigation measures. And county state’s attorneys have the sole authority to prosecute violations of state laws and orders.
Further, many mayors are limited in their enforcement authority because they oversee non-home rule communities, where they are only able to put in place measures specifically allowed by state statute. There are 1,081 non-home rule communities in Illinois, compared to 217 home rule communities, which have more discretion to set their own stricter regulations or impose those outlined in the governor’s executive orders.
While mayors have been told by the state to refer enforcement issues to the county public health departments or state police, there has been little follow up by those entities. This has led to uneven compliance across our cities, villages and towns where some individuals and businesses are abiding by mitigation efforts, but others are blatantly disregarding state and local orders while facing no consequences. Confusion over how data is analyzed by the state has also made it difficult for mayors to explain to residents why additional mitigation efforts are required and why they are only applied to certain professions or specific aspects of the service economy.
“These sorts of inconsistencies have caused some residents to question all mitigation efforts, making it even more difficult for local officials to receive compliance with safety regulations,” said IML President Ricky J. Gottman, mayor of Vandalia. “We will keep asking our residents and businesses to comply with state mandates, but we must work together to put in place effective mitigation strategies to protect our communities and the wellbeing of everyone across the state.”
Um, one big reason why there is “distrust of state mandates among residents” is because so many local officials constantly scoff at the state. Before he caved to reality, Springfield’s mayor was confidently saying that the IDPH mitigations wouldn’t work, without citing a single source.
Also, I’ve asked about this non Home Rule bit. Can’t they just enforce state law?
Sangamon County Public Health officials have suspended the food permits of five Springfield-area restaurants for defying pandemic restrictions and continuing indoor service.
A Sangamon County spokesman told WAND News the action was taken against Charlie Parkers, D&J Cafe, Fox Run, Sweet Basil Cafe and Casa Real.
WAND News learned from county officials that three of the businesses, D&J Cafe, Sweet Basil Cafe and Fox Run, were cited Friday. All received citations for allowing indoor dining.
Each business was fined $500.
…Adding… Contrast that whiny can’t-do IML statement with this one from the Metropolitan Mayors Caucus…
The 275 Member Mayors of the Metropolitan Mayors Caucus called upon residents and businesses today to commit to some common sense steps to help the Chicago region flatten the COVID-19 curve for the second time.
Acknowledging the need to combat the exponential increases in COVID cases across Chicagoland and the State in recent weeks, regional Mayors ask area residents and businesses to take the following actions for at least the next three weeks or until the rate of infection consistently declines:
• Continue to comply with regulations to wear face coverings whenever you are indoors at a public place or outdoors encountering people outside of your immediate household. The Center for Disease Control reinforced the importance of facemasks last week, saying they protect both the wearer and individuals they may encounter;
• When leaving home, continue to practice social distancing by always staying 6-feet apart from others;
• Continue to wash hands or use hand sanitizer often. Avoid touching surfaces frequently touched by others and keep your hands off your face;
• Consider limiting trips outside your home to going to work, attending school, and obtaining vital goods and services, such as medical care, food, or household essentials;
• Limit gatherings to no more than 10 persons – and remember it is safest to only associate with members of your own household;
• If possible, avoid all non-essential travel.
Most of the requested actions are strategies recommended to residents since the pandemic began. These strategies are still on the regional Mayors’ recommendation list because of their history of successfully reducing coronavirus transmission. Newer recommended actions such as limiting trips and gatherings are consistent with those proposed by area public health officials. While each of our 275 member municipalities is unique, they all agree that it is critically important that we come together in the days and weeks ahead to combat the coronavirus pandemic. Endorsing these strategies is one of the most coherent methods for dealing with the current increase of positivity results
“We are at a critical point in the fight against the pandemic. This second wave requires serious attention from all of us,” said Mayor Joseph Tamburino, Mayor of the Village of Hillside. “Everyone needs to step up right now to bend the curve downward, save lives and help our businesses remain open or in some cases, to re-open.”
“These are common sense actions that we strongly urge all residents to take,” said Highland Park Mayor Nancy Rotering. “It is incumbent upon each of us to take personal responsibility to stop the spread of this virus. The sooner everyone consistently follows these steps, the better chance we have of reducing the rate of infection, keeping our local economies going and avoiding a complete shut-down.”
As the cuts that would be required to bring Illinois’ budget to balance would harm education and human services programs and damage essential areas of the state’s economy, the Governor continues to believe that cuts alone cannot be the solution and revenue adjustments need to be considered as well. The Governor will work with the legislature to identify corporate and business tax loopholes that can be closed and tax adjustments that can be made that will minimize the impact to lower-and middle-class families while ensuring that Illinois can meet its financial responsibilities. Furthermore, the Governor will continue to work with the Congressional delegation to support additional federal funding to help Illinois bridge the loss of revenues brought on by the COVID-19 pandemic.
* People have been trying for years and years to close corporate loopholes. But since corporations played a major role in the defeat of the “Fair Tax,” there might just be an opening…
Also available is a range of less-draconian actions that might, in combination, generate enough revenue to fill the gap, if they survive the political gantlet.
A group of Democrats proposes closing corporate tax loopholes. Sales, use, income tax and economic development credits and exemptions totaled nearly $8.5 billion in the 2018 fiscal year. In a press release, 14 House Democrats say “all are on the table.” Rep. Mike Zalewski estimates an “aggressive approach” to cutting some of those could net $1 billion.
Closing Corporate Tax Loopholes: $826.4 - $846.4 million
1. Repeal the Single Sales Factor - $96 million. Illinois changed its method for determining the corporate income tax, from a three-part formula to the single sales factor. Under the single sales factor, corporate income taxable in Illinois is determined solely on the basis of a company’s in-state sales. Under the prior method, in addition to sales, the value of a corporation’s property and payroll in Illinois were considered. Under the single sales factor, large, multinational companies who have a strong presence (facilities and employees) in Illinois, and are therefore the largest beneficiaries of state services, receive major income tax cuts. Small mom and pop shops, who principally make all their sales in the state, receive no benefit. According to a report issued by then Illinois Comptroller, Republican Loleta A. Didrickson, 32 companies were projected to gain at least $1 million per year in tax savings. The result, a net tax revenue loss to the state and local governments that the Illinois Department of Revenue estimated reached $96 million in FY 2001 ($63M state and $33M local) (This is the last year the Department of Revenue analyzed the loss to the state).
2. Reduce the Retailers Discount. The Retailers Discount was enacted in 1959 to reimburse businesses for the burden of computing and collecting the state sales tax that applied to their sales. Under the statute, retailers keep 1.75% of the sales tax they collect. While this discount served a legitimate purpose in 1959, its value is questionable today. With computerized collection and accounting systems prevalent, the cost of collecting sales taxes, especially for large retailers, is built into software packages and is negligible. Twenty-four states do not provide any discounts for sales tax collection. Of the 26 that still have these outmoded discounts, 10 have capped the maximum discount. Capping the Illinois discount at 1.75% of the first $1 million in sales is a practical solution. This preserves the discount for small businesses while greatly reducing the cost of this tax expenditure. This sensible change will save $80-100 million annually.
3. Eliminate public subsidies to the horse racing industry: Illinois currently gives this horse racing industry millions in tax breaks. Elimination of breaks would generate $48 million.
• Newsprint and Ink to Newspapers and Magazines Exemption: $41 million
• Manufacturing and Assembling Machinery and Equip Exemption: $164 million
• Sales of Vehicles to Automobile Rentors Exemption: $43 million
• Enterprise and Foreign Trade Zone Dividend Subtractions: $2.4 million
• Enterprise and Foreign Trade Zone High Economic Impact Business Exemption: $37
million
• Timely Filing and Full Payment Discount: $28 million
• Trade-in allowance: $20 million
• Real Estate Investment Trusts – For tax years ending on or after Dec 31, 2008: $40
million
• Redefining “business income” to include all income apportionable to Illinois by the U.S. Constitution: $29 million
• Sales sourcing rules – for corporate income tax – replace cost of performance rule with market state approach for service industries: $40 million special industry rules (financial organizations/transit companies): $60 million
• Eliminate tax benefit of related party transactions (dividends from subsidiaries with no business substance/insurance premiums paid to capture insurance companies): $40 million
• Discharge of debt: $4 million
• Expense disallowance for exempt securities income: $25 million
• Withholding on non-resident partners/subchapter S shareholders: $4 millions
• Corporate Franchise Tax Amnesty: $25 million
Some of those were accomplished in the capital bill.
Closing Personal Tax Loopholes: $670 - $715 million
1. Create a means test for the Illinois tuition tax credit: There currently is no income limit on the Illinois tuition tax credit. As a result, relatively affluent taxpayers have received by far the most benefits from this tax break. Taxpayers with incomes of $50,000 or more per year accounted for 77% of the tax relief in 2004. Taxpayers with incomes of $100,000 or more accounted for almost 40% of the credit. Limiting the credit to families earning $60,000 a year or less would preserve the credit for low- and moderate-income families while saving the state $40-$45 million annually.
2. Subject pension income earned over $75,000 to taxation: Illinois is one of only three states that exempts all pension income from taxation. Low- and moderate-income seniors work to make ends meet, and subsequently pay taxes on their wages. Affluent seniors, on the other hand, do not have to work and also avoid paying taxes on their pensions. Exclusion of all pension income costs the state over $800 million annually in new revenue. Subjecting pension income over $75,000 to taxation would generate $200 million in new revenue annually.
3. Eliminate or means-test the Property Tax Credit: The Property Tax Credit costs the state of Illinois over $400 million a year. The credit primarily benefits wealthy homeowners, as only 20% of individuals earning $25,000 a year or less own a home. Creation of a means-test for this tax credit would preserve the benefit for low- and middle-income families while saving the state an estimated $200-$240 million annually.
4. Coordination of credits/exemptions: Multiple forms of tax credits/exemptions could duplicate policy purposes. Consolidating all of them into one credit/exemption could eliminate duplication and produce more targeted benefits. This could generate up to $200 million.
Monday, Nov 16, 2020 - Posted by Advertising Department
[The following is a paid advertisement.]
It’s been more than 600 days since the Clean Energy Jobs Act (CEJA) was first introduced, but communities across the state that developed this bill are still waiting for their lawmakers to take action.
Since its introduction in February of 2019, support for CEJA has continued to grow. 82% of Illinois voters support the bill, and 74% of voters say that legislators must pass it this year, not delay it until 2021.
CEJA was recently updated to include stronger utility reforms, end automatic rate hikes and double down on our commitment to equity for Black, Indigenous, People of Color (BIPOC) communities through meaningful wealth-building opportunities. CEJA isn’t just a set of ideas, it’s a fully drafted bill. You can read about it at ilcleanjobs.org.
As the COVID-19 pandemic continues to ravage our state’s economy, we need solutions that will create thousands of new jobs by unlocking millions of dollars in private investment, without raising taxes or hiking rates. CEJA can’t wait.
Since there won’t be a fall veto session that was supposed to start Tuesday, and the governor doesn’t seem willing to call a special session, some are looking for joint committee hearings to provide oversight to the one-man rule approach of Gov. J.B. Pritzker’s COVID-19 response strategy.
Citing COVID-19 concerns, leaders canceled the fall session for the Illinois legislature.
“There is a strong majority of members who would prefer the House delay convening to a later date; this is primarily motivated by concerns about the rising COVID-19 rates and proximity to upcoming holidays,” House Speaker Michael Madigan’s Chief of Staff Jessica Basham said in a letter to members. “I’m advised that there are similar concerns among Senate members, who were also surveyed over the weekend.”
The governor doesn’t expect them back until January. But there are a growing number of lawmakers wanting to get back to legislating instead of one-man-rule.
Really? Let’s see the roll call. The only Democrat they named in the story was Rep. La Shawn Ford, who appears to be their go-to House Democrat. He’s the sole reason they could run this recent headline…
Bipartisan demand for leaders to call hearings over Pritzker’s handling of pandemic response
Several House committee chairs have said they can’t hold public hearings because of the pandemic, and virtual hearings were not approved as they were in the Illinois Senate. The Illinois Senate voted in May to allow virtual hearings.
The full House rejected the idea of remote committee hearings and floor action back in May. The only way House members can currently participate in hearings is if the Senate allows them to participate in theirs.
Michael Sacks, a top Democratic donor and supporter of Joe Biden, questioned efforts to push Michael Madigan out of the speakership at a time when Democrats need him most.
“We have a raging pandemic, a precarious economy, a huge budget hole and we might be coming into one of the toughest budget-making sessions we’ve ever had. The idea that we don’t have all of our best players on the field protecting social services, education, working families and other things Democrats care about is nonsensical,” Sacks told Playbook in an exclusive interview. […]
Top Illinois Democrats have blamed Madigan in recent days for not capturing the 13th Congressional District and for the graduated income tax’s failure. They say Madigan’s connection to an influence-peddling investigation into ComEd is what crushed Democrats’ hopes of winning.
Sacks disagreed, saying Trump’s supporters toppled any blue wave Democrats had hoped for anywhere. Congressional Democrats sustained losses in places like New York, Florida, California and New Mexico. And former Minnesota Lt. Gov. Michelle Fischbach, a Republican, defeated Democratic Rep. Collin Peterson, a Democrat in that state who voted against impeaching Trump. […]
In the 13th District, Democratic turnout was up, but so was Republican. Betsy Dirksen Londrigan’s race against Republican Rep. Rodney Davis saw Davis receive 187,583 votes to Londrigan’s 126,811. In 2016, Davis received 179,567 to his Democratic opponent’s 148,517.
Sacks isn’t wrong about down-ballot races nationwide, either. According to the National Conference of State Legislatures, in 5,876 regularly scheduled legislative races in 44 states, “the big surprise is that only two chambers — the New Hampshire House and Senate — changed hands. The GOP won both.”
There seemed to be one safe bet when it came to the 2020 election results: Democrats would easily hold on to their majority in the House of Representatives. Not only that, but the conventional wisdom held that Democrats would pick up more than the 235 seats they won in the 2018 midterm elections.
While Democrats will have a majority next Congress, Republicans vastly outperformed expectations and nearly pulled off an election shocker.
As of this writing, CNN has projected that Democrats have won in 219 seats. Republicans have been projected the winners in 203 seats. There are 13 races outstanding, per CNN projections.
Of those 13, the Democratic candidates lead in a mere two of them. (One of these 13 is going to a runoff, where the Republicans are heavily favored to win.)
According to the AP count, President Trump is losing Illinois by 17.1 percentage points, which is his same margin as 2016. The House Republicans were saying before the election that if Trump could keep his losing margin under 20 then they’d have a shot at staying in the hunt.
* About a week before the election, Gov. Pritzker’s operation began running this ad telling voters that President Trump wanted them to vote “No” on the graduated income tax…
By that time, a ton of Democrats had already voted and a comparatively few Republicans had yet to cast a ballot. So, there’s a school of thought which believes the Trump ad may have “reminded” at least some Republicans to vote against the Fair Tax. And while they were at the polls, they kept voting Republican down the ticket.
I’m not saying that the governor is responsible for Republicans doing better than expected here because the GOP did that nationally. I’m just saying he may not have made suburban Democrats’ jobs any easier.
With the announcement by Rep. Bob Morgan, D-Deerfield, earlier this month that he will not vote to re-elect Illinois House Speaker Michael Madigan in January, the opposition numbered eight House Democrats, with at least a few more privately leaning their way.
They’ll need 13 or 14 Democrats, depending on final general election results, to deprive Madigan of the speaker’s gavel. So, they may need some help to get over the hump.
And there’s one person outside the House who may have enough votes to tip the balance either way.
And, no, it’s likely not Gov. J.B. Pritzker. Not yet, anyway
Pritzker controls no votes in the House. He can’t just push a button and make something happen in that chamber.
Perhaps if he had followed through on his 2018 promises to supplant the moribund state party with a true statewide political organization for all Democrats at all levels, he might have some buttons to push. But he didn’t, and the pandemic intervened and here we are.
Whatever the case, a governor directly confronting the House Speaker has never worked here. Others have tried. All have failed. A governor’s opposition would, as it has in the past, give Madigan something external and concrete to push back against in order to distract from his internal problems.
And if Pritzker’s effort to dislodge Madigan failed, so would the remainder of his legislative agenda. Not to mention that Pritzker certainly hurt himself when he not so subtly threw resources Sen. Kimberly Lightford’s way during her unsuccessful run for Senate President almost a year ago. Once bitten, twice shy.
There is definite pressure on Pritzker to act, though. As the saying goes, “governors own,” so he’ll wear the jacket in 2022 if Madigan is still standing and remains as spectacularly unpopular as he is today.
Maybe Pritzker could quietly do something at the very end to make it happen if the opposition is still slightly short, but don’t expect anything before that unless something major happens with the federal investigation into the House Speaker’s operation. But if Pritzker swings and misses, Madigan will still be around, Pritzker won’t get anything accomplished and the voters will not be pleased.
The dude spent a zillion dollars to get elected governor only to find himself in a dozen trick bags. Welcome to Illinois!
The one person outside the House who could make a real and immediate difference is U.S. Rep. Chuy Garcia. As I’ve told you before, Garcia, the Chicago Teachers Union and Madigan came to an understanding not long after Garcia, with the CTU’s backing, lost the city mayor’s race in 2015. Madigan’s 13th Ward carried Mayor Rahm Emanuel to victory, but that took an extraordinary amount of work in Madigan’s Latino-dominated area. Better to just cut a deal.
Since then, one after another of Congressman Garcia’s close allies have been elected or appointed to the General Assembly.
There are probably no better examples of this than in Madigan’s own neighborhood. Garcia ally Celina Villanueva was appointed to the House in the summer of 2018 when Madigan loyalist Rep. Silvana Tabares was appointed to the Chicago City Council in the neighboring 23rd Ward. Rep. Villanueva then ran unopposed in a special election to replace resigned Sen. Martin Sandoval (Madigan’s senator) and Garcia’s congressional aide Edgar Gonzalez was appointed to Villanueva’s House seat. In between, Madigan successfully supported another Garcia staffer for a Cook County Board slot over Sandoval’s daughter.
Congressman Garcia has significant influence over at least three Chicago Democratic House members (Gonzalez, Aaron Ortiz and Delia Ramirez). But if he makes a strong statement either way on Madigan, several other progressives in the chamber could very well follow his lead.
Garcia, by the way, is also a member of Madigan’s state party central committee. A few committee members have spoken out against Chairman Madigan, but Garcia has a stronger political organization and a larger public platform. He could make a real difference there, too,
But a deal is a deal and, in the long term, Garcia has the better end of it. Madigan gets peace and Garcia gets more of his people into influential positions every time there’s a path (or close to it, like when Madigan tried unsuccessfully to block Eva-Dina Delgado’s appointment to the House this year after Garcia and the CTU supported someone else).
And that probably explains why Congressman Garcia isn’t returning my phone calls and texts these days to ask what he’s planning to do about all of this.
…Adding… Congressman Garcia didn’t respond to the Sun-Times, either…
Five members of the [Democratic state central committee] — including a congresswoman and a newly elected countywide official — are openly calling for Madigan to step down.
Four others — including the Cook County clerk — see no need for new leadership.
What the other 27 are thinking is a mystery, since they didn’t respond to the Sun-Times’ requests for comment.
