The Candidates vs. The Board-Part I

by: Suzanne

Tue Feb 02, 2010 at 13:12:45 PM CST


Laiacona and Lozano vs. Burke, Mell, Sente and Zalewski

I thought I had glimpsed the underbelly of Illinois politics and gave it a poke when I ran for office a while back. Yesterday, I learned that until you challenge the process (as opposed to just the polls) you're just tossing popcorn from the balcony.

Joe Laiacona and Rudy Lozano have set down the popcorn and stepped into the ring. And not just because they are running against incumbents related to long-lived political families. These two candidates have done something more. They filed a campaign finance disclosure complaint last week that strikes at the heart of pay-to-play.

Illinois law requires candidates to report anything of value received in connection with their nomination for election. Neither Dan Burke, Deb Mell, Carol Sente nor Michael Zalewski—the named respondents in the complaint—reported all of the litigation support costs or any of the attorney’s fees related to the ballot access challenges their campaigns were involved in and benefited from.
Suzanne :: The Candidates vs. The Board-Part I

Did these incumbents represent themselves? Nope. Michael J. Kasper, a fellow with a high profile, a political pedigree and, presumably, a high hourly rate, worked for the candidate directly or somehow got in touch with the third parties who had filed the petition challenges and offered his help.

Kasper is of counsel at Hinshaw & Culbertson LLP and a named principal of Fletcher, O’Brien, Kasper and Nottage, PC, a notable lobbying firm in Illinois. Kasper also serves as the Treasurer of the Democratic Party of Illinois, which is chaired by Speaker of the House, Michael J. Madigan.

Despite this prestigious, albeit abbreviated resume, Kasper says he donates his valuable legal services to candidates. According to Kasper, each election cycle, he steps away from his regular practice and donates upwards of three months of his legal expertise to those in need. No charge. And, it seems, no challengers. Kasper’s legal largess is given for the benefit of House incumbents, people he later lobbies in his capacity as principal partner in the firm Fletcher, O’Brien, Kasper and Nottage, PC.

Each of the respondents also enjoyed the assistance of staffers on loan from the Friends of Michael J. Madigan, who were frequently found at the City and County Board of Elections during the petition challenge period. (To put it plainly: If one is hanging around the board of elections, you’re likely doing one of two things: You’re either evaluating in general terms how challenge-worthy a nominating petition may be or you’re checking a petition line by line to substantiate a petition challenge.)

Interestingly enough, this loaned staff time was accounted for by the Speaker in his D2 and was, either in part or entirely, reported by the respondents as in-kind contributions.

Challengers like Laiacona and Lozano, who don’t yet have an ear to bend or vote to sway, pay their attorneys and report their expenditures. Embattled incumbents like Burke, Mell, Sente and Zalewski don’t pay and don’t report, leaving those not acculturated in the ways of Springfield to wonder, “Why?”

That’s the gist of the complaint filed last week and what brought all parties to the Illinois State Board of Elections yesterday for a closed preliminary hearing. This hearing was the first step in the process to determine whether the complaint was filed on justifiable grounds. The Commissioners are scheduled to take up the matter again on Wednesday afternoon. Uh huh, that’s right, the day after the election. Until and unless the primary date is restored or the reporting schedule revised, the bite of campaign finance law is effectively nil in Illinois’ primaries.

Laiacona and Lozano have earned my respect and admiration. They decided to file this complaint knowing there was little to nothing in it for them. They did it—win or lose—because it is the right fight. How refreshing. How unusual. How unlike most politicians in Illinois. In filing this complaint, Laiacona and Lozano have done more to challenge the flawed structure and processes that enable corruption to flourish in Illinois than many elected officials have done in their entire careers. Bravo, gentlemen.

I'll have more for PSB readers after Wednesday's hearing. Note: You can read PART II here.

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This is Going to Take a Day (0.00 / 0)
...or two to digest. I visited an alternative universe today, one where up is down, down is up and where, I believe, the phrase "clusterFI&*" was coined.

I'll write up my report when I'm less agitated.  


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