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Proft loses appeal in bid to make unlimited direct contributions with his independent expenditure PAC

Monday, Dec 16, 2019 - Posted by Rich Miller

* Seventh US Circuit Court of Appeals

A provision of the Illinois Election Code limits how much money entities can contribute to political campaigns. But in some races, Illinois lifts these limits, allowing certain entities to make unlimited campaign contributions and coordinate unlimited spending with candidates. Illinois Liberty PAC, an independent expenditure committee, is not one of these entities; indeed, Illinois bans all independent expenditure committees from making campaign contributions and from coordinating spending with candidates.

Plaintiffs Dan Proft and the Illinois Liberty PAC do not attack the entire contribution and coordination ban enforced against independent expenditure committees. Rather, they seek to overturn the ban only when unlimited contributions and unlimited coordinated expenditures are allowed for others. Otherwise, plaintiffs claim, Illinois’s ban violates the First Amendment rights of free speech and free association and the Fourteenth Amendment right of equal protection.
Whether a constitutional violation exists here depends on if the contribution and coordination ban is closely drawn to prevent corruption or the appearance of corruption.

Because striking down the ban would increase the risk of corruption and circumvent other election code sections that work to prevent political corruption, we affirm the district court’s dismissal of this suit and denial of plaintiffs’ motion for a preliminary injunction.

* More specifically, this is what Proft wanted to do

Although the Illinois Election Code bars independent expenditure committees from contributing to or coordinating with candidates, Proft, through Illinois Liberty PAC, wants to make unlimited contributions directly to political candidates and coordinate with those candidates in races where the code lifts contribution caps for other entities and individuals. To do so, plaintiffs filed a complaint against the Illinois Attorney General and the members of the Illinois State Board of Elections to obtain declaratory and injunctive relief permitting such contributions and coordinated spending. Plaintiffs argue that by excluding independent expenditure committees from making these contributions and coordinated expenditures, Illinois has violated their First Amendment rights to free speech and free association and their Fourteenth Amendment rights under the Equal Protection Clause.

* Conclusion

If Proft wishes to make contributions to candidates or coordinate with candidates, he may reorganize Illinois Liberty PAC as a political action committee. And if Proft wishes to contribute to candidates, coordinate with candidates, and make independent expenditures, he may instead form a political action committee while continuing to manage Illinois Liberty PAC.

  11 Comments      


Oppo dump!

Monday, Dec 16, 2019 - Posted by Rich Miller

* From May 17th

NBC 5 has learned of a move by Mayor-elect Lori Lightfoot to reverse decades of tradition by revamping the mayor’s Chicago Police bodyguard unit, adding representatives from federal agencies and other law enforcement agencies.

At issue, the mayor-elect’s intention to build a new protective detail, reportedly headed by former U.S. Marshal Jim Smith. The unit would include former federal marshals and members of other departments outside Chicago.

“I am not in favor of taking away our jobs and replacing them with someone,” FOP President Kevin Graham told NBC 5. “For as long as we have had a bodyguard detail for the mayor, Chicago police officers have been committed to making sure the mayor and those around him or her are safe.”

* May 28th

A defiant and emotional Mayor Lori Lightfoot said Tuesday she plans to stick with retired deputy U.S. marshal James Smith as commander of her bodyguard detail no matter how vehemently the Fraternal Order of Police opposes the idea.

During a luncheon address to the City Club of Chicago, Lightfoot said she can’t understand why there has been “a lot of ink spilled” about her selection of Smith when his background and experience make him supremely qualified for the job.

“I find it interesting that a guy who has protected Supreme Court justices, high-ranking federal judges and has a record of accomplishment and service as a former U.S. marshal is somebody who is the object of fascination,” the mayor said.

This “controversy” has always made me curious. I mean, he’s a former fed. So what? Is the coppers union really that insular and insecure? Wait. Don’t answer that. I think I know the answer.

* And now this

Mayor Lori Lightfoot is calling for answers from ComEd over the federal investigation into its lobbying activities at the same time the wife of the mayor’s security chief is working as a lobbyist for the utility.

Margaret Houlihan Smith in October added ComEd to her lobbying clients, and listed dozens of city departments she might lobby on the utility’s behalf, including the mayor’s office, according to city records.

Heaven forbid!

Margaret left United as an in-house lobbyist and began doing contract work this year. She was hired by ComEd’s new regime just before a ComEd lobbying contract with the firm co-owned by Chicago Ald. Gil Villegas was terminated. Also terminated within days were contracts for former Rep. John Bradley, the City Club’s Jay Doherty and Speaker Madigan’s former Issues Staff Director Will Cousineau. In other words, she was brought in because the company needed somebody not connected to the recent troubles, but who still knows her way around the Statehouse.

Much (not all) of the chaff at that company has already been shown the door. They need new people they can count on to not get them in trouble. Margaret is the first step forward. And she’s a good step. She’s smart, honest and amazingly capable.

And what’s Lightfoot supposed to do, anyway? Fire her security chief? Ridic.

* This is how the Tribune story ends

Shortly after Lightfoot took office in May, Houlihan Smith declined to comment on the steps she and her husband planned to take to keep his security work for the mayor and her lobbying at City Hall separate.

Smith is often seen around City Council chambers, both when he’s accompanying the mayor as part of her security detail and during council committee meetings when Lightfoot isn’t on hand.

The couple also is sometimes seen together with politicians at City Hall. Earlier this fall, Houlihan Smith was seen introducing her husband to Northwest Side Ald. Jim Gardiner, 45th, in the hallway outside chambers. Gardiner said he vaguely remembered the introduction, but didn’t think there was anything unusual about it.

Get out the pitchforks!

  44 Comments      


“This is an initial, and hopefully short-lived, shortage”

Monday, Dec 16, 2019 - Posted by Rich Miller

* Press release

December 16, 2019

As the legislative sponsors of the Cannabis Regulation and Tax Act (”CRTA”) and the Medical Cannabis Program Act (“MCPA”) we are closely monitoring the beginning of adult-use cannabis sales on January 1, 2020.

Medical cannabis patients and caregivers have increasingly raised concerns to us and to the media about product shortages, and alleged product & price manipulations. We have relayed this information to the Pritzker Administration and have confidence that they take these matters as seriously as we do.

Each state that has implemented an adult-use cannabis program has had issues related to supply shortages. As legislators, we crafted the CRTA and the MCPA to have specific language to prioritize patient access - something no other state has done. We know there will still be challenges, but are committed to putting patients first as the adult-use program begins.

There should be no doubt that medical cannabis patients will be prioritized once CRTA becomes effective in January. CRTA provides medical cannabis patients priority sales in the event of any product shortages, and also guarantees medical cannabis dispensaries shall continue to provide the same variety and quantity of product as they did on July 1, 2019.

The State of Illinois has much to be proud of in passing the social equity-centered CRTA, but success will require vigilance from the legislature and the Pritzker Administration to ensure the law’s goals are met.

We will continue to closely monitor this situation, and urge all of our constituents to stay in touch with us regarding their experiences and challenges as Illinois embarks on cannabis legalization. Patients and caregivers should continue to stay in contact with us with ideas and suggestions to make it easier for them to access their medicine.

If you have any other questions, we would be happy to provide further information.

Sincerely,

Sen. Laura Fine
Sen. Heather Steans
Rep. Kelly Cassidy
Rep. Jehan Gordon-Booth
Rep. Bob Morgan
Rep. Cellina Villanueva
Rep. David Welter

* Besides the worrisome stories about shortages and price hikes for medical patients, there are also a lot of gripes about supply for adult use consumers. This piece puts it into some perspective

Canada and California, two larger markets, suffered poor launches due to a lack of infrastructure. In the case of California, the state tried to implement the program without an established regulated medical cannabis market. This is a challenge for Michigan as well. In Canada, a robust medical program was 100% mail-order, and the transition to retail stores was stymied by a lack of them. Even to this day, a full year after legalization, only Alberta among major provinces is anywhere close to having enough dispensaries to serve demand. Illinois will have more dispensaries open on day one than Ontario, which is larger in population, has more than a year after legalization.

* CBS 2 has been one of the outlets ginning this up

In fewer than three weeks, recreational sale of marijuana becomes legal in Illinois.

But before a single bud has been sold- there is already a shortage, and medical patients are feeling the impact.

Marijuana patients this fall helped us document a disturbing trend well in advance of legal recreational sales–a shortage in supply at the state’s medical dispensaries.

Not mentioned in the story is that the state had a very limited medical cannabis law until this year, when the governor signed a law that greatly expanded the program to cover, well, just about anything. That bill wasn’t passed until after the adult use bill was approved by both chambers and it kinda flew under the radar.

* This is a much better story that relies on facts, not conspiracy theories

There are 94,373 residents with medical cards, as of Dec. 4, 2019, up from 49,366 on Dec. 11, 2018, according to the Illinois Department of Public Health.

The biggest spike came in August, after Gov. JB Pritzker signed a law to add chronic pain as a qualifying condition for a medical card. The launch of the opioid alternative program also increased numbers this year.

Some have speculated supply is being hoarded so it’s available for the recreational market. That’s not the case, Ballegeer said.

Marijuana cultivators are “working off the original space they had set up for their cultivation. They’re producing everything they can as fast as they can,” she said. “We order from the cultivators just like the patients do. There’s no holding back for recreational, because there’s no benefit to us or the cultivators for holding back.”

Dispensaries must keep a 30-day inventory for their patients, said Pam Althoff, executive director of the Cannabis Business Association of Illinois. As demand grows, the inventory must, too.

That has led to a “crunch,” as has several weeks passing between when the legislation was signed on June 25 and when the first recreational grow licenses were issued.

“If you do the math, it takes cannabis minimally 12 weeks, sometimes 16, depending on the plant and the strain to produce a crop. We’re bumping up against that Jan. 1 deadline,” Althoff said. “This is an initial, and hopefully short-lived, shortage. I think over the past several weeks the industry, as well as the State of Illinois, our regulators, truly understand this will be somewhat of a soft opening. But then give us a few more months, we anticipate the availability of product will significantly improve.”

  26 Comments      


Question of the day: Golden Horseshoe Awards

Monday, Dec 16, 2019 - Posted by Rich Miller

* The 2019 Golden Horseshoe Award for Best Democratic Illinois State Senator goes to Sen. Melinda Bush (D-Grayslake)

She works tirelessly to advance issues that matter to her constituents. She also passed sweeping reform to employment laws and was able to get more done on sexual harassment than anyone thought was possible. She made the RHA happen, which really looked like a dead end at times. She is a fighter. All of this while representing a somewhat purple district.

* The 2019 Golden Horseshoe Award for Best Republican Illinois State Senator goes to Sen. Jason Barickman (R-Bloomington)

Jason Barickman has now twice pushed back against the social conservative trend in his party to land on the right side of history, first with marriage equality and this year on the cannabis bill. His role in ensuring that the cannabis bill addressed concerns from more conservative perspectives can’t be overstated.

Once again, I could’ve picked almost anybody from your nominations because they were so strong. Good job by commenters and great job by the nominees.

* On to today’s categories…

* Lifetime service award - House

* Lifetime service award - Senate

As always, explain your nomination or it won’t count and do your utmost to nominate in both categories, please.

  20 Comments      


Yeah? What about it?

Monday, Dec 16, 2019 - Posted by Rich Miller

* A buddy of mine told me that he sold his wine shop a while back partly because of heavy competition from gas stations. I have never stopped to think that this is somehow out of the ordinary. I mean, we even have some drive-thru liquor stores here, so booze at gas stations isn’t that big of a dealio to me…


Wolfe lives in Nashville, the home of the Dukes of Hazzard museum. Now, that’s weird.

  43 Comments      


Poll has Mary Miller with the lead in Shimkus district, but undecideds are at 63 percent

Monday, Dec 16, 2019 - Posted by Rich Miller

* Remington Research Group poll taken in the 15th Congressional District December 10-11 for Republican congressional candidate Mary Miller, (no relation) who’s running in a crowded primary to replace retiring GOP US Rep. John Shimkus. The poll of 810 likely 2020 GOP primary voters has a margin of error of +/- 3.4 percent. These are all interactive voice response calls…

Q1: What is your opinion of Donald Trump?

    Favorable: 87%
    Unfavorable: 8%
    No opinion: 5%

Q2: What is your opinion of J.B. Pritzker?

    Favorable: 6%
    Unfavorable: 76%
    No opinion: 18%

Q3: What is your opinion of John Shimkus?

    Favorable: 52%
    Unfavorable: 20%
    No opinion: 28%

Q7: Possible candidates in the 2020 Republican Primary Election for United States Congress are Mary Miller, Darren Duncan, Kerry Wolff, Charles Ellington, Kent Gray, and Kimberly Wade. If the election were held today, for whom would you vote?

    Mary Miller: 16%
    Darren Duncan: 7%
    Kerry Wolff: 7%
    Charles Ellington: 3%
    Kent Gray: 3%
    Kimberly Wade: 1%
    Undecided: 63%

* Meanwhile, the leadership PAC for the House Freedom Caucus has endorsed Miller, which should be a big help in that primary. The House Freedom Fund has also endorsed Jeanne Ives.

Miller is the spouse of Rep. Chris Miller (R-Oakland), a member of the Eastern Bloc. I met her once and she has some chops. We’ll see what she can do at this level, though.

* Darren Duncan may also be one to watch

Conservative Vermilion County Treasurer Darren Duncan, a seventh-generation farmer from Rossville and advocate for reduced spending and common-sense government is formally launching his campaign for the GOP nomination for the 15th Congressional District in the March 2020 primary.

Duncan, 48, made his formal announcement in a campaign video released this morning and in a speech to Vermilion County Republicans in Danville. […]

Duncan said he wants to help President Trump pass a conservative agenda through Congress that benefits rural areas and small communities throughout Illinois.

“I fully support President Trump’s USMCA trade deal with Canada and Mexico that will boost access to American farm and manufactured goods to our neighboring countries,” said Duncan, “and I stand with President Trump in his efforts to stop bad actors on the world stage taking advantage of our current trade system.”

Kerry Wolff is vice president of the Altamont School Board and has been in the solar power industry for the past few years.

Kent Gray is a goner.

* Kimberly Wade could be an interesting candidate if she survives the challenge to her petitions by Eastern Bloc Rep. Brad Halbrook. She filed on the last possible day.

Wade founded the Kids Shouldn’t Have Cancer Foundation and her work has often been featured by US Rep. Rodney Davis.

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Protected: SUBSCRIBERS ONLY - Update to today’s edition

Monday, Dec 16, 2019 - Posted by Rich Miller

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Hyperloops are the new monorails

Monday, Dec 16, 2019 - Posted by Rich Miller

* Cleveland Plain Dealer

A high-speed hyperloop line that could zoom passengers through a vacuum tube from Cleveland to Chicago and Pittsburgh could cost from $24.7 billion to $29.8 billion to build, depending on variations in the route and stops along the way.

But the profits and economic benefits would justify the expense and attract the substantial private investment needed to make it happen.

Those statements are among the key assertions of an 18-month, $1.3 million feasibility analysis scheduled for release Monday by the Northeast Ohio Areawide Coordinating Agency and Los Angeles-based Hyperloop Transportation Technologies.

The report, led by TEMS, a consulting firm based in Frederick, Maryland, constitutes what the authors believe is the most extensive hyperloop feasibility analysis released publicly to date, anywhere, said NOACA Executive Director Grace Gallucci, who discussed some of the report’s core findings ahead of Monday.

A hyperloop system would consist of large-scale vacuum tubes with magnetic-levitation tracks that would carry capsules with 28 to 40 passengers at speeds of up to 760 mph.

First envisioned by entrepreneur Elon Musk as a high-speed alternative to other modes of transportation, hyperloop has yet to be proven safe for human travel. Hyperloop Transportation Technologies, or HTT, is testing capsules on a track in Toulouse, France.

* From January of 2017

Hyperloop Transportation Technologies (HTT) may be a step behind its rival Hyperloop One but is making its own plans to go global — starting with an announcement today HTT has signed an agreement to explore connecting a hyperloop system from Slovakia to the Czech Republic.

That plan failed.

And nobody has yet achieved anything approaching that claimed 760 mph speed.

In other words, beware of promises from booster groups.

* Tribune

The current study does not address where the stations would be, land acquisition or the cost of fares, though Gallucci said the goal is to make them affordable. She said stations, which could be downtown or at airports, would link to public transit.

* Duncan Black

My whole life I’ve seen reasonable transportation projects derailed by insane ones

[Headline explained here.]

  40 Comments      


*** UPDATED x1 *** Another Syverson casino story

Monday, Dec 16, 2019 - Posted by Rich Miller

* This is a very useful fact check of Sen. Dave Syverson (R-Rockford) by the BGA

“They wanted lower taxes paid to the state [by the Chicago casino owner] and higher taxes paid to the city,” state Sen. Dave Syverson of Rockford told WCIA’s Mark Maxwell in a sit-down at the capitol, which aired Dec. 8. “The amount of taxes would be the same, but Chicago wanted to keep more of it.” […]

Speaking about a proposal to change the tax structure for a future Chicago casino, Syverson said the plan would lower taxes paid by the casino to the state and increase the taxes it pays to the city so that the overall amount would be the same but Chicago would “keep more of it.”

That doesn’t entirely square with the language of the bill. As he said, it would have reduced tax revenue for the state — but it also would have lowered taxes paid to the city.

Syverson conceded that last point in response to our inquiry.

We rate his claim Half True.

Syverson repeatedly bad-mouthed that Chicago casino bill during the veto session and, as this fact-check shows, he used inaccurate arguments to do so. It’s not all that surprising since Rockford locked in its casino last spring and any competition, even from a city 90 miles away, would be unwelcome.

But it’s just one more thing to add to Syverson’s curiously strong all-out push to convince local leaders to approve the Hard Rock Casino’s proposal.

*** UPDATE *** Rockford is a small city, so these sorts of ties are to be expected. The Hard Rock’s plan would’ve probably won out anyway, so Syverson should’ve just stayed in the background, especially considering these trying federal times. His heavy public support means he’s very easily tied to the winning bidder and these ties look horrible…


  15 Comments      


McClain attempted to boot Caprara

Monday, Dec 16, 2019 - Posted by Rich Miller

* Tina Sfondeles FOIA’d all the administration’s correspondence with Speaker Madigan’s former consigliere Mike McClain. The story is an accurate reflection of events and emotions that have been kept strictly off the record until now and is therefore a must-read

Two weeks before Anne Caprara stepped into one of the highest profile political roles of her life, she got a call from Gov. J.B. Pritzker with some uncomfortable news.

Pritzker sounded upset, according to a high-level source close to the governor. He said people were “trashing” Caprara to several others, including reporters, in an attempt to squash her appointment as Pritzker’s chief of staff.

Before running Pritzker’s gubernatorial campaign, the Philadelphia native ran Hillary Clinton’s 2016 super PAC and also served as chief of staff to two U.S. congresswomen.

But Caprara wasn’t good enough to serve as the governor’s chief of staff, and she wasn’t from Illinois — a huge no-no, perhaps because she wasn’t beholden to the old boys network of Illinois politics, people were told.

The governor told Caprara he wouldn’t stand for it — and he called it sexist.

So Caprara got the job. And she later learned the effort to trash her was being led by Mike McClain, a Springfield insider and confidant to Illinois House Speaker Mike Madigan.

Go read the whole thing.

Caprara guided Pritzker to a 20-point primary win and a 16-point general election win. He loves her and respects her to no end. The folks who were trying to stop her from being chief were the same people (all allied with MJM) who trashed her during the primary and the general. They completely failed to read the room.

* Also, this was pretty funny…


Again, go read the whole thing.

  66 Comments      


What happens here when ultra-rich, anti-tax activists sit on the campaign sidelines

Monday, Dec 16, 2019 - Posted by Rich Miller

* My weekly syndicated newspaper column

Republican Lawrence Oliver of Dorsey has filed to run against Rep. Avery Bourne, R-Morrisonville, in the March primary.

Oliver has not yet reported raising any money, but his main issue appears to be Bourne’s vote for the 19 cents per gallon gas tax hike to fund infrastructure projects during the past spring legislative session.

Dorsey’s primary challenge is not really news. He has slim to no chance of even getting close to the popular Republican incumbent.

What is different, and therefore newsworthy, is that Bourne would have surely faced a far more viable and well-funded opponent in the recent past if she’d sided — as she did this year — with the majority Democratic Party to double the state’s Motor Fuel Tax.

For the past few election cycles, pressure from powerful and/or well-funded groups and individuals would’ve scared any Republican incumbent away from such votes.

But former Gov. Bruce Rauner and his vindictive checking account have faded into the sunset. The multi-million-dollar money pipeline from wealthy Republican activist Richard Uihlein to Dan Proft’s Liberty Principles PAC has been shut off. And, except for the $2 million he gave Bill Daley to run for mayor of Chicago earlier this year, Illinois’ richest resident Ken Griffin has been mostly quiet.

Those three men contributed over $200 million to campaigns since late 2013. That’s a whole lot of cash to put the fear into anyone who crosses them. And it’s why almost all of the Republicans who voted for the 2017 tax hike and the override of Rauner’s veto decided not to run again, lest they be primaried to death. But those rich folks are mainly on the sidelines today.

As a result, neither the House nor Senate Republican caucuses are experiencing any major backlash over the fact that large numbers of their members voted to raise taxes.

Rep. Terri Bryant, R-Murphysboro, voted for the gas tax hike and is running unopposed for state Senate. Springfield Republican Reps. Tim Butler and Mike Murphy were two more “Yes” votes who are unopposed for reelection. Rep. Tom Demmer, R-Dixon, has a general election opponent, but no GOP opposition. The same goes for Reps. Deanne Mazzochi, R-Elmhurst, Jeff Keicher, R-Sycamore, and others in the House as well as the Senate.

There was much grinding of teeth from the usual suspects when those tax hikes passed both chambers by wide bipartisan margins, but no “natural” groundswell of anti-tax opposition developed against Republicans who voted to fund the massive infrastructure plan to the point of people actually running against them. And the small number of people who did run aren’t exactly burning up the fundraising circuit.

Rep. Dan Brady, R-Bloomington, voted to increase taxes to fund infrastructure programs this year, so it could be an issue in his primary. But it’s not going to be much of a primary if his opponent, David Paul Blumenshine, R-Normal, doesn’t start raising money. Blumenshine reported bringing in $350 during the third quarter, loaning $1,100 to his campaign committee, spending about $4,500 on unitemized expenditures and ending the quarter in the hole by about $2,900. Democrat Chemberly Cummings has also filed to run.

President Trump won this district by only 1.25 percentage points in 2016, so it’s possible this college-town race could eventually be in play, even though Brady has consistently won by large amounts.

Rep. Dave Severin, R-Benton, is facing off against Tim Arview, R-West Frankfort. Severin voted for the tax hikes to fund the state’s new infrastructure program, including doubling the Motor Fuel Tax, and Arview has taken him to task for it. Arview told a local paper that he ran partly because of Severin’s tax votes and also because God had spoken to him.

Arview is an independent insurance agent. Like many of the other gas tax opponents, he has not yet reported any campaign contributions. In fact, he hasn’t filed any campaign finance paperwork at all as this is written. President Trump won the district by 43 points so no Democrats have filed.

The races where you are seeing sharp disagreement over the tax hikes are mainly in general election contests. For instance, Travis Breeden, R-Utica, has already repeatedly criticized freshman Rep. Lance Yednock, D-Ottawa, for his “Yes” vote to increase the Motor Fuel Tax. Then again, Rep. Sue Scherer, D-Decatur, voted for the tax hikes and is so far running unopposed for the first time ever.

What we’ve discovered is that when ultra-rich, anti-tax activists sit on the sidelines after a tax increase, few if any viable Republican protest candidates emerge on their own.

Makes you wonder.

Your thoughts?

  36 Comments      


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

Monday, Dec 16, 2019 - Posted by Rich Miller

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*** LIVE COVERAGE ***

Monday, Dec 16, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


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Reader comments closed for the weekend

Friday, Dec 13, 2019 - Posted by Rich Miller

* You can continue nominating for the best Illinois Senators throughout the weekend. Nobody else will see your comments, but I will.

Also, if you haven’t yet, you should click here and contribute to Lutheran Social Services of Illinois. We’ve raised over $8,000 so far, but maybe we can bump that up a little before Christmas break starts at the end of next week.

* Speaking of which, I think I’m finally starting to get into the spirit of the season

It’s all cold down along the beach
The wind’s whipping down the boardwalk

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Two DCFS employees on the AJ Freund case no longer have jobs

Friday, Dec 13, 2019 - Posted by Rich Miller

* From DCFS

Following the heartbreaking death of AJ Freund, DCFS began a comprehensive review of the entirety of our work with AJ’s family to understand what needs to change to prevent tragedies like this from happening again.

As part of this review, DCFS has taken personnel action regarding Carlos Acosta and Andrew Polovin, the caseworker and supervisor involved in the case. Mr. Acosta and Mr. Polovin are no longer employed by the state. DCFS is continuing to examine the department’s work in this case and will take all necessary action to protect the children and families we serve

* Tribune…

State officials confirmed Friday that two child welfare professionals who were recommended for dismissal for their handling of a hotline investigation into AJ Freund four months before the 5-year-old boy’s tragic death are no longer employed with the agency.

Carlos Acosta and his supervisor, Andrew Polovin, are no longer state employees following a lengthy internal disciplinary process, according to a spokesman for the Illinois Department of Children and Family Services. He declined to say whether the men were fired or voluntarily quit. […]

Acosta was the child protection specialist assigned to investigate a Dec. 18 hotline call from Crystal Lake police regarding a bruise on AJ’s right hip. The child gave various statements about the cause of his injury, including that the family’s dog had pawed him, but records show he also told an emergency room doctor, “Maybe mommy didn’t mean to hurt me.”

Acosta deemed the allegation of abuse unfounded about two weeks later after consulting Polovin, who also was the supervisor in two earlier hotline investigations involving AJ.

Acosta is also a member of the McHenry County Board.

  1 Comment      


Pritzker administration says Ald. Ervin’s proposed delay would do “significant damage” to cannabis program

Friday, Dec 13, 2019 - Posted by Rich Miller

* Tribune

A West Side alderman who’s been fighting to make sure minorities get a bigger ownership stake in Chicago’s recreational marijuana market that’s set to fire up Jan. 1 has moved to force a City Council vote on his plan to push back the start date to July.

City Council Black Caucus Chairman Ald. Jason Ervin, 28th, said Friday he’s still working to convince state officials and Mayor Lori Lightfoot’s administration to strengthen the equity rules in the weed law so African Americans get a fair shake at getting a significant piece of the lucrative business before white owners corner it. […]

Ervin this week used a parliamentary procedure to announce his intention to discharge to the council floor his proposed ordinance that would outlaw recreational marijuana sales in Chicago until July 1. That proposal got a hearing last week in the council Committee on Contracting Oversight and Equity, but committee Chair Ald. Carrie Austin, 34th, did not hold a vote on it then.

It remains to be seen whether Ervin follows through on forcing the vote. He declined to say what specifically he needs to hear from the state and the mayor’s office in order to stay his hand. And if he does force it, it’s far from certain a majority of the 50-member City Council would support his delay plan. But it likely would be close.

* Response from former Sen. Toi Hutchinson, senior advisor to the governor on cannabis issues…

Earlier this week, the Governor was proud to stand with State’s Attorney Kim Foxx as she began the process of expunging low level criminal records of 1,000 people in Cook County who are victims of the war on drugs. Statewide, this is just the beginning, and we expect hundreds of thousands of records will be expunged, and there is no question that communities of color faced disproportionate impacts from the war on drugs. No other state in the nation has taken this approach.

Not only that, for the past five years, Illinois has had a homogenous cannabis industry, and it takes a tremendous amount of effort and diligence to turn it around in a constitutional way. The cannabis law does just that – we created a loan fund and the resources will be generated from the first group of dispensaries to provide seed money for dispensary owners from highly impacted communities. We created a social equity applicant status; those who are interested are currently applying for licenses. The social equity application period ends Jan. 2, and licenses will be granted starting May 1. In the meantime, we capped the existing market so that there is plenty of room for additional entrepreneurs. For instance, there are roughly three dozen dispensaries that have been authorized to sell adult-use cannabis; eventually Illinois will have a cap of 500 dispensaries.

No other state in the nation has taken this robust and unique approach to equity, and we will continue to work to ensure that all communities benefit from this legalization. Delaying this implementation would do significant damage – and do far more harm than good in actually achieving equity.

Reasoned response to a somewhat curious push by the alderman.

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Protected: SUBSCRIBERS ONLY - Fundraiser list

Friday, Dec 13, 2019 - Posted by Rich Miller

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Do better

Friday, Dec 13, 2019 - Posted by Rich Miller

* Last week

A 39-year-old man found not guilty by reason of insanity in the 2004 fatal shooting of a Capitol security guard soon will be released from a locked state psychiatric hospital and transferred for at least five years to an outpatient, residential treatment center in Chicago, a Sangamon County judge ruled Tuesday.

The decision from Associate Judge Jack Davis II came after a 3½-hour hearing and over the objection of State’s Attorney Dan Wright, who said he wasn’t convinced of Derek Potts’ remorse and remained concerned Potts could hurt others again.

Davis acknowledged what he called the tragic loss of William “Bill” Wozniak to the rural Petersburg man’s widow, several other relatives and Capitol-based police, all seated in the courtroom audience. Davis said Wozniak was a “five-star family man” and a “dedicated public servant.”

* Flashback to 2004

An unarmed guard was shot and killed Monday in an entrance to the state Capitol by a man who police said may have also been involved in a shooting in a local gun shop.

The attack on 51-year-old William Wozniak prompted calls from Gov. Rod Blagojevich and others to tighten security at public facilities such as the Capitol, which has no metal detectors, armed guards or security cameras at its doors.

Wozniak, who was married and the father of two teens, was hit in the chest at point-blank range with a shotgun or rifle blast at 1:38 p.m. as he staffed a sign-in desk just inside the doors to the Capitol’s north entrance, police said.

Late Monday, Springfield police issued an arrest warrant for Derek W. Potts, 24, of Olney, on charges of murder, burglary and aggravated discharge of a weapon.

* Also from 2004

Law enforcement suspects the shooter may have attempted to steal a 12-gauge shotgun from Birds ‘N Brooks Army Navy Surplus on South 6th Street, one hour before the Statehouse killing.

The store owner identified Monday’s robber as the same man who stole a 12-gauge shotgun last week, Burton reported.

* WCIA today

The holidays are the season of giving and some of those gifts are firearms. People hoping to get one this year may finder it harder to find the gift they are looking for as area gun retailers have closed up shop this year.

“Birds ‘N Brooks has been in business since 1973. They’ve been in this store’s building since 1985,” said employee Phil Davis. […]

After more than 46 years, the store had to put away one of it’s biggest sellers.” A law signed by Governor Pritzker just a few days after he took office requires dealers to pay for security upgrades including surveillance and an electronic database.

“It would’ve cost us anywhere between 18,000 and 38,000 dollars,” said Davis. […]

The store liquidated their gun collection of more than 400 firearms in July. Though they things may seem bleak, they are hoping a countermove by gun advocates can turn things around.

“The one truth about legislation in Illinois: if it’s a gun law and it goes on the book, it’s never coming off,” Davis said. “Our only hope is to win a lawsuit with the Illinois State Rifle Association that we are apart of. [If it] prevails and rules this law unconstitutional.”

Does nobody know how to use the Google at WCIA?

  23 Comments      


*** UPDATED x1 *** New laws

Friday, Dec 13, 2019 - Posted by Rich Miller

* Hmm…



The SDems have compiled a handy list of all new laws which take effect January 1st. Click here and tell us what you think.

*** UPDATE *** Some of you complained in comments about the list not being grouped by subject matter. Well, the Senate Democrats have just released a revised list that groups the new laws into topics. Click here for that. They also have a “slide show” on new laws. Click here for that one.

  14 Comments      


Because… Madigan!

Friday, Dec 13, 2019 - Posted by Rich Miller

* Brett Rowland apparently wants Gov. Pritzker to act more like Gov. Rauner, or Gov. Blagojevich

Pritzker, of course, can’t get rid of Madigan on his own. The House Speaker is elected by the full House of Representatives, and the representatives are elected by the voters in their respective districts.

But Pritzker has his pulpit. He also has plenty of influence over Democrats in the state.

If Pritzker really wants to clean up the state, the first step will be standing up to the one person who prefers the status quo: Michael Madigan.

Public, frontal attacks almost never work on MJM. They usually end in political disaster.

* Speaking of Pritzker, here’s the Illinois Radio Network

The Chicago Tribune recently reported several people interviewed by federal investigators were asked about about long-time serving House Speaker Michael Madigan, D-Chicago, and his political operations. The newspaper also reported emails show a longtime Madigan ally who was a lobbyist for the energy sector arranged questionable payments for a former Madigan aide who was fired amid sexual harassment allegations.

Pritzker was asked Tuesday if he thinks federal investigators are focusing on Madigan.

“I don’t know where those investigations are going,” Pritzker said. “I am very troubled, frankly, by the misdeeds, by the corruption.”

* Shaw Media

State Rep. Mark Batinick decided to pick a fight with his 2020 Democratic election opponent about whether or not he would support the sitting speaker of the Illinois House of Representatives.

Batinick, R-Plainfield, challenged Harry Benton, a Plainfield village trustee, to say whether he would support Michael Madigan’s speakership, according to a news release. Madigan is the longest serving speaker in the history of the Illinois legislature. […]

While Benton didn’t directly answer Batinick’s question in a statement, he dismissed the tactic as part of his opponent’s “outdated playbook of distraction and partisan spin.”

“My focus will remain on the real issues in this race: protecting our health care, creating new jobs, providing real tax relief for the middle class and truly representing everyone in the 97th (District) in a bipartisan way, instead of pandering with a partisan agenda,” Benton said in the statement.

* Jim Dey

Consider this recent news story announcing that Madigan had put a serious public-relations problem behind him.

“Lawsuit costs Madigan nearly $900,000”

Actually, it didn’t cost Madigan a dime to settle a sexual-harassment lawsuit a former female campaign operative filed against his political organizations. It cost his many generous donors.

* Hannah Meisel on MJM’s money

The four political committees controlled by House Speaker Mike Madigan (D-Chicago) amassed more than $1 million in the last week, according to campaign finance reports filed with the Illinois State Board of Elections. The speaker’s personal political committee, Friends of Michael J. Madigan, raked in the most, at nearly $733,000, according to reports filed Thursday. The 13th Ward Democratic Organization received $195,600, according to a Dec. 6 report, and Democratic Majority saw a $99,300 boost, according to a report filed Thursday. The largest cash infusions came from organized labor, including nearly $502,900 from the International Brotherhood of Electrical Workers to Friends of Michael J. Madigan.

* ILGOP fundraising email…

Rich,

For most, December is a time to gather with friends and family and celebrate the spirit of the holiday season.

For Mike Madigan, December is just another month where his cronies in the corrupt Illinois Democratic crime ring dodge federal investigators, coerce community leaders, and advance their self-serving political agendas.

We’ve made some critical updates to our crime tracker and we wanted to make sure you saw them: CHECK OUT OUR UPDATES on DemCorruption.com

But we’re really reaching out to you today, Rich, because December marks the end of the year. As we look to 2020, we’re excited at our plans to shut down this Democrat crime ring and return Republican ideals to our state. With impressive Republican candidates on the ballot next year who will work hard to support the GOP in Illinois as well as important initiatives to stop the corrupt political agenda of Mike Madigan, JB Pritzker and their crime ring, we need to start 2020 off on the right foot.

As you know, we need your help to make it happen. So we’re asking today for an end-of-year donation to the Illinois Republican Party.

With less than a month until New Year’s Eve, can we ask you to help us today with a contribution to the Illinois Republican Party?




Your donation today will help us gear up for the big fight ahead before next November.

We’re looking forward to working with you next year and hope you’ll get actively involved today.

Sincerely,

Anthony Sarros
Executive Director

* We’ll end with this press release

The Arab American Democratic Club (AADC) is proud to announce that it will host Illinois House Speaker Michael J. Madigan at its annual candidate’s brunch which will be held on Feb. 16, 2020 at Niko’s Restaurant in Bridgeview.

Madigan is one of the state’s most successful and powerful Democratic legislators and the architect of the Democratic takeover of the State of Illinois.

Under Madigan’s leadership, the Democratic Party has become stronger and more effective in Illinois, sweeping the statewide elections last year.

“Speaker Madigan is a role model for anyone who supports Democracy and public service to the taxpayers,” said AADC Executive Director Samir Khalil.

  27 Comments      


Question of the day: Golden Horseshoe Awards

Friday, Dec 13, 2019 - Posted by Rich Miller

* The 2019 Golden Horseshoe Award for Best Democratic Illinois State Representative is a tie between Reps. Kelly Cassidy and Chris Welch. Both had numerous nominations, but this one summed it up well

Rep. Welch and Rep. Cassidy are tough to choose between. They both had monster sessions. Welch passed Voting in jails, Corporate Board Diversity and the NCAA name, likeness and image bill out of the house. And he was right there with Cassidy on Reproductive Health Act and Cannabis. Those two are the best in the business.

* The 2019 Golden Horseshoe Award for Best Republican Illinois State Representative goes to Rep. Tom Demmer

Handles countless complicated issues with ease and never is too busy to take any meeting. Instrumental in getting any reforms done June 1 and brought together enough votes to get capital passed. All that and he isn’t old enough to run for president.

We had a lot of very strong nominations this year, so judging them wasn’t easy. I could’ve easily chosen almost all of them. Congrats to our winners!

* On to today’s categories…

* Best Illinois State Senator - Republican

* Best Illinois State Senator - Democrat

As always, explain your nominations or they won’t count. And please nominate in both categories or I might dock you for it. Have fun!

  42 Comments      


Hey, UIS! What the heck are you doing?

Friday, Dec 13, 2019 - Posted by Rich Miller

* Bruce Rushton

I ran into Rob, not his real name, a couple months ago at a local watering hole. He’s worked in the cafeteria at University of Illinois Springfield for more than five years. Last summer, he told me, he tried for a promotion that would have come with a sizeable raise. He says he would have gotten the job except, unbeknownst to him, UIS changed its drug testing policy as of July 1, making it clear that employees must pass drug tests before they can change positions, if the new position is on a list that strikes me as odd.

From executive chef to folks who wash dishes, no one who wants a job in food service at UIS can get hired, or promoted to another job preparing or serving food, without passing a drug test. Rob told me that his promotion was rescinded after he tested positive for pot, but he was allowed to keep his job, even though that position, also, is on the list. According to UIS policy, it’s a matter of safety. UIS police officers must pass drug tests, but not dispatchers who answer emergency calls and give directions to responding officers. Go figure.

What the heck is going on at that university? First the administration threatened to call the cops and even fire employees if they fed feral cats, which have been on the campus for decades. Then it was the administration’s pathetically feeble response to racism by some employees. And now only pot-free people can wash dishes in the cafeteria? Is campus administration living in 1985 or something?

* Back to Bruce

Michael Higgins, owner of Maldaner’s restaurant, doesn’t make applicants pee. “I wouldn’t be able to hire anyone,” he says. “What waiter or busboy or dishwasher wants to wait a month to get pot out of their system to work for me?”

This doesn’t mean Higgins doesn’t care. Alcohol, he says, is a bigger problem than pot, and so he keeps a breath-testing device on hand in case someone is showing signs. Drugs also aren’t allowed on the job, applicants sign agreements upon employment acknowledging the rules and Higgins says he keeps a sharp eye. “I have excellent employees who work for me and have worked for me for years, but I know they do pot,” Higgins says. “I don’t care if you drink, I don’t care if you do pot, I don’t care what the hell you do. Don’t bring it to work.”

Agreed.

* One more excerpt

While UIS last summer tightened its drug testing policy, Lincoln Land Community College will stop testing most job applicants for marijuana as of Jan. 1, when recreational pot becomes legal. All applicants still will be tested for hard drugs, and pre-employment drug tests will still include pot for prospective police officers, health profession instructors and folks who want to work with preschoolers in the college’s child development center.

We’ve reached the point where the local community college is more progressive than the University of Illinois campus. Weird.

…Adding… Good point in comments…

This post comes the day Major League Baseball Major League announced it is removing marijuana from the list of drugs of abuse and will be treated the same as alcohol. Testing for opioids (y’know, the stuff that actually kills people like Angels pitcher Tyler Skaggs) will begin instead. It’s easier to have THC in your system playing in the Texas League (a state that used to give out prison sentences for possession of a joint) than working for UIS.

  38 Comments      


Another reason ComEd got what it wanted in 2016

Friday, Dec 13, 2019 - Posted by Rich Miller

* Some very good points in Tony Arnold’s article for WBEZ

Two former top Commonwealth Edison executives now facing scrutiny from federal investigators helped Democratic House Speaker Michael Madigan defend a cornerstone of his political power in 2016.

That’s when former ComEd CEO Frank Clark and the utility’s one-time top lobbyist, John Hooker, were the lead plaintiffs in a lawsuit that quashed a proposed constitutional amendment to change who draws legislative boundaries in Illinois. A citizens’ group wanted the redistricting process in the hands of an independent body instead of politicians like Madigan, who also chairs the Democratic Party of Illinois.

But Hooker and Clark’s legal victory struck the question from the 2016 ballot — before voters ever got a chance to weigh in. That cemented the speaker’s power to influence who wins elections. […]

The Supreme Court decision came down in August, three months before ComEd’s parent company, Exelon, scored a gigantic legislative victory in Springfield.

Exelon won a bailout for its struggling nuclear power plants. It was one of the few major pieces of legislation to pass both the Democratic-controlled legislature and to be signed by then-Republican Gov. Bruce Rauner as he and Madigan were in the middle of a bitter budget impasse. […]

[Cindi Canary, senior adviser to the Support Independent Maps group] said that during the redistricting legal fight, she thought that Hooker was just a front for Madigan. Now, she thinks there was more behind the legal challenge.

Hooker was almost certainly a front for Madigan while being a bigtime lobbyist for ComEd. Hooker and Frank Clark - two very smart men - essentially used this PR push and lawsuit to build up what’s known in the parlance as “good will” with the House Speaker. Not a bad thing to do when your company is about to push through a gigantic subsidy package.

* Their public relations push also included these points

The People’s Map – as the Hooker-Clark group was called – accused the organizers behind the reform effort of being a front for Republicans who wanted to limit minority representation in Springfield.

Their main argument was that black Chicago residents would be “packed” into city-only districts as a result of some language in the proposal. There was some substance to that argument, so the men also built up good will with African-American legislators and Democrats in general (who almost always fret about the remap process) ahead of the nuclear power plant subsidy vote.

The fact that Hooker was lobbying with Mike McClain at the time is also mentioned in Tony’s piece. McClain was the best at playing long games like this. He knew what Madigan wanted and needed and he knew how to make those things happen while simultaneously serving his clients’ best interests. That’s a huge reason why he was the ultimate Madigan insider.

* But, in the end, race wasn’t what this case ended up being about. The remap folks were almost certainly doomed to fail from the beginning. From the Supreme Court opinion

Based on the Framers’ concerns, article XIV, section 3, provides only for amendment of the legislative article, article IV. Further, not every aspect of the legislative article is subject to amendment through the initiative process. Rather, “ ‘ “Amendments shall be limited to structural and procedural subjects contained in Article IV.’ ”

But, the high court ruled, the remap reformers went outside the Legislative Article when they required important remap duties by the Auditor General. The Auditor General is created by and mentioned only in the Finance Article (Article VIII).

* Conclusion

We conclude that the duties assigned to the Auditor General by the ballot initiative at issue in this case do not comport with the strict limitations in article XIV, section 3 (Ill. Const. 1970, art. XIV, § 3). Therefore, the proposition submitted by Independent Maps must fail.

  36 Comments      


*** LIVE COVERAGE ***

Friday, Dec 13, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


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