HB 7 in Detail: Ballot Questions

HB 7, the campaign finance measure, has garnered a lot of media attention, none of it positive. (see, for instance, today's editorial in the Daily Herald). The bill was sent to Gov. Quinn on June 30, and he has until later this month to decide whether to sign it, veto it, recommend changes with an amendatory veto, or allow it to become law without his signature.

Our opposition to HB 7 is well known. Yes, we object to the provisions that would allow for astronomically high contributions. Where federal law allows contributions of $2,400 for people and $5,000 from political committees each election, HB 7 allows contributions of up to $10,000 from people and $90,000 from committees each calendar year. But that is far from the only flawed section of the bill. Over the next few days, we intend to outline our concerns with the non-limit parts of the bill. Some of these reflect ambiguous drafting. Some reflect intentional changes to the statute that will have adverse consequences. In the next few days, we'll focus on different parts of HB 7, other than the astronomical dollar amounts, in order to explain our concerns.

Start with how HB 7 treats ballot questions. HB 7 defines “single candidate committee” (on page 39 of the bill) as:

4 "Single-candidate committee" means a political
5 committee organized to support or oppose the election of a
6 single, specific candidate or public official or to support
7 or oppose one or more questions of public policy. (emphasis added)

The term "single candidate committee" is a misnomer, as the definition also encompasses committees formed to support or oppose ballot questions. It has been long established that governments can require financial disclosure as it relates to these questions of public policy, but cannot impose limits. At least since Buckley v Valeo, the US Supreme Court's landmark ruling on campaign finance, courts have held that there is no public interest in limiting giving to ballot question committees.

That's because the purpose of contribution limits is to address the fact or appearance of corruption and ballot questions are not "corruptible," or even sentient. Ballot questions do not exercise judgment or discretion. They pass or fail, and then it is up to other officials to implement them. Including ballot questions in the definition of a "single candidate committee" may be sloppy drafting or careless thinking but it is also certainly an invitation to a legal challenge.

In the next few days, we'll post concerns with other portions of the bill.

A Good, Clean Campaign

Although it's been barely 200 days since the legislature was sworn in, this week marked the start of candidate petition season. When candidates turn in their petitions around Halloween, election authorities will ask them to submit a bunch of other papers as well, including, Statements of Economic Interest, political fundraising disclosures, and the Code of Fair Campaign Practices.

ICPR has long been a supporter of the Code. It's a little thing, voluntary and non-binding, but the Code is the only provision in Illinois law written explicitly and solely to encourage good behavior on the campaign trail. For years, we've mailed copies to all candidates for statewide and legislative office, urging them to sign the Code and abide by its principles. While a handful of candidates regularly submit the Code with their petitions, I'm always heartened to see how many ultimately do signal their agreement. It's a small step candidates can take to aver their intentions to run campaigns everyone can be proud of.

Reporter Sam Hudzik of WBEZ/Chicago Public Radio ran a story today on the Code. I'm sure ICPR will tout the Code to candidates in November, once all the petitions have been filed. But kudos to WBEZ for starting a conversation about it now, at the beginning of what will be a long political process.