Illinois State Board of Elections Met Jan. 19.
Here is the minutes provided by the board:
PRESENT: Charles W. Scholz, Chair Ian K. Linnabary, Vice Chair
William J. Cadigan, Member
Laura K. Donahue, Member
William M. McGuffage, Member
Katherine S. O’Brien, Member
Casandra B. Watson, Member
ABSENT: William R. Haine, Member
ALSO PRESENT: Steven S. Sandvoss, Executive Director
Bernadette M. Matthews, Asst. Exec. Director
Marni M. Malowitz, General Counsel
Amy L. Calvin, Administrative Assistant III
The meeting convened at 10:30 a.m. via Zoom videoconference with six members present. Member McGuffage was delayed and Chair Scholz held his proxy until his arrival at 10:40 a.m. Member Haine was absent and Chair Scholz held his proxy.
Chair Scholz opened the meeting by leading everyone in the pledge of allegiance.
Member Cadigan moved to approve the minutes from the November 16 and December 4 meetings as presented. Member O’Brien seconded the motion, which passed by roll call vote of 8-0.
Ms. Malowitz presented and summarized the following settlement offers for agenda items 2.a.1- 2.
1) SBE v. Friends of Sherman Jones, 22764, 20DQ159. Ms. Malowitz explained that the Board previously agreed to settle the matter for $3,000, but the committee indicated they were unaware that payment was due within thirty days. The committee also submitted a $3,000 payment with this settlement offer and has a current fund balance of approximately $2,800. Ms. Malowitz recommended denial of the offer because it did not meet the guidelines of the settlement policy, but noted that the board could uphold its previous decision to accept the offer. Mr. Jones was present on behalf of the committee and said he was unable to conduct fundraising due to the pandemic. He said that he paid the fine with his own funds and made a good faith effort to submit it as soon as he could. Vice Chair Linnabary moved to accept the settlement offer, which was seconded by Member Watson and passed by roll call vote of 8-0.
2) SBE v. BobBarnett4DGIL, 34659, 20DQ105. Ms. Malowitz recommended denial of the offer because it did not meet the guideline of the board’s settlement offer policy. The committee did not qualify as low dollar and the offer submitted falls short of the 50% requirement. Vice Chair Linnabary moved to reject the settlement offer, which was seconded by Member O’Brien and passed by roll call vote of 8-0.
Ms. Malowitz presented and summarized the following complaints following public hearing for agenda items 2.a.3-4.
3) Benedict Song v. Laninya Cason, 19CD093. Ms. Malowitz recommended that the complaint be dismissed as moot, as agreed upon by both parties. She also recommended that the board deny the motion for sanctions, as the Board lacked the statutory authority to grant the remedy requested. Member Watson moved to dismiss the complaint as moot and noted that the board did not have the authority to impose sanctions. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.
4) Thomas Karmik v. Cory Eli Oshita, 20CD001. Ms. Malowitz indicated that the parties came to a mutual agreement and that the proposed consent order was distributed to the board prior to the meeting. She recommended acceptance of the revised order as the committee admitted to the violations, and imposition of civil penalties if necessary. Robert Riffle was present on behalf of the respondent and indicated Mr. Oshita was a first time candidate who inadvertently committed the violations. He indicated that Mr. Oshita made sincere good faith effort to correct the issues and asked for leniency for the fine imposition. Member Cadigan moved to adopt the terms of the proposed consent order amended into the form of a board order. Vice Chair Linnabary seconded the motion, which passed by roll call vote of 8-0.
A listing of payment of civil penalties was presented for informational purposes.
Member Cadigan moved to recess to executive session to consider complaints following closed preliminary hearing, which was seconded by Vice Chair Linnabary and passed by roll call vote of 8-0. The meeting recessed at 10:55 a.m. and reconvened at 11:30 a.m. with seven members present.
As to agenda item 2.a.6) Emberton v. Friends of Janet Yang Rohr, 20CD017, Member Cadigan moved to adopt the recommendation of the general counsel and hearing officer and the matter not proceed to a public hearing. Member O’Brien seconded the motion, which passed by roll call vote of 8-0.
As to agenda item 2.a.7) Falbo v. Friends to Elect Terra Costa Howard, 20CD018, Member Cadigan moved to adopt the recommendation of the general counsel and hearing officer and the matter not proceed to a public hearing, however, refer the matter to staff for imposition of a civil penalty. Vice Chair Linnabary seconded the motion, which passed by roll call vote of 8-0.
As to agenda item 2.a.8) Marshall v. Citizens for Deyon Dean, 20CD019, Member Cadigan moved to adopt the recommendation of the general counsel and hearing officer and permit certain allegations of the complaint to proceed to a public hearing. Vice Chair Linnabary seconded the motion, which passed by roll call vote of 8-0.
As to the DiFranco v. Fallon matter, Member Cadigan moved to direct the general counsel to inform the Attorney General that the board will take no position on the substance of the litigation. Member Watson seconded the matter, which passed by roll call vote of 8-0.
Mr. Sandvoss began his report with the certification of the April 6, 2021 Consolidated Election ballot. He said that a listing of the offices and candidates to be certified were included on pages 40-48 of the board packet. Mr. Sandvoss also asked that the motion include authority for staff to amend the certification as needed. Vice Chair Linnabary moved to certify the April 6, 2021 Consolidated Election and that staff be authorized to amend the certification due to candidate withdrawals and other action that would require it to be amended. Member Donahue seconded the motion, which passed by roll call vote of 8-0.
Mr. Sandvoss presented a listing of jurisdictions that will conduct consolidated primary elections and a voting system pre-election testing memo for informational purposes. Kyle Thomas, Director of Voting and Registration Systems, indicated that staff will prepare the pre-election tests, send them to the election authority and then staff will review the results after they are returned.
Angela Ryan, Director of Legislation, reported on the 101st General Assembly and indicated that the two bills that were included in the board packet did not pass. The third bill, House Bill 3653, provides that SBE prepare redistricting data to reflect incarcerated persons be represented in their previous incarceration address. The Department of Corrections is required to provide that information and staff is still working out the details of how to move forward with the bill. Ms. Ryan informed the board that the legislative agenda was making progress and that she intended to meet the deadline of February 5th for the Legislative Reference Bureau. Board discussion ensued on the language of the Ethics Bill that did not pass and the possibility that another Bill might resurface during the current general assembly session. Ms. Ryan noted that she would like to secure sponsors from both parties and chambers for the legislative proposals and was waiting for the committee assignments as well.
Mr. Sandvoss presented the IVRS update contained on pages 53-54 of the board packet and noted that funding has been approved to begin the re-write process. Mr. Thomas summarized the history of the Illinois Voter Registration System (IVRS) and the options for going forward. He said that the majority of states implemented a top down or centralized system to comply with the requirements of HAVA. Because Illinois has a statutory restriction that requires a bottom up system, Mr. Thomas felt that the most logical approach is to pursue a hybrid system. Staff is working with the legal division to determine the changes to be made and also to ensure continued compliance with NVRA and HAVA as well. Mr. Thomas indicated that he and Mr. Kohlman will work together to establish a gap analysis and return to the board in the near future for approval of a full plan.
The FY21 grant program update, voter registration activity, fiscal status reports and the two year plan of staff activity for the months of December and January were presented for informational purposes. The board discussed the various grants and the possibility of a policy outlining what types of grant funds could be accepted.
Member Cadigan discussed the COVID pandemic and the availability of the vaccine for essential workers. He suggested the possibility of requesting essential status or eligibility to receive the vaccine for election judges and poll workers for the upcoming elections. Member Watson said she and Member Cadigan discussed the matter and she suggested that executive staff reach out to the Illinois Department of Public Health (IDPH). Ms. Matthews indicated she had several contacts at IDPH and would begin conversations with their staff. Ms. Ryan would also contact the Governor’s office for their opinion on the matter.
Member Cadigan moved to approve the executive session minutes from the December 4 meeting, which was seconded by Vice Chair Linnabary and passed by roll call vote of 8-0.
With there being no further business before the board, Member Cadigan moved to adjourn until Wednesday, February 17, 2021. Vice Chair Linnabary seconded the motion, which passed unanimously. The meeting adjourned at 12:10 p.m.
https://www.elections.il.gov/AboutTheBoard/MeetingMinutes.aspx?Year=1nhNJh%2bOwGsDgrAgU8WEUQ%3d%3d&T=637528613133314838
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