Illinois State Board of Elections met Jan. 18.
Here are the minutes provided by the board:
PRESENT: Casandra B. Watson, Vice Chair
William J. Cadigan, Member
Tonya L. Genovese, Member
Catherine S. McCrory, Member
William M. McGuffage, Member
Rick S. Terven, Sr., Member
ABSENT: Ian K. Linnabary, Chair
Laura K. Donahue, Member
ALSO PRESENT: Bernadette M. Matthews, Executive Director
Jeremy Kirk, Assistant Executive Director
Marni M. Malowitz, General Counsel
Amy L. Calvin, Board Liaison
The meeting convened at 10:30 a.m. via videoconference with six Members present. Members Cadigan, McCrory and McGuffage were present in the Chicago office, Members Genovese and Terven were present in the Springfield office and Vice Chair Watson was present via Zoom. Chair Linnabary and Member Donahue were absent and Members McCrory and Cadigan held their proxies respectively. Vice Chair Watson presided as Chair of the meeting in Chair Linnabary’s absence.
Member Terven moved to approve the minutes from the November 15 and December 5 meetings as presented. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.
Ms. Malowitz presented and reviewed a motion for reconsideration for agenda item 2.a.1) SBE v. Committee to Re-elect Roy Mosley Jr, 37332, 22MQ127. She recommended that the Board vacate the committee’s inclusion on the November 2022 assessment list and allow the appeal to be examined by a hearing officer and placed on the February meeting agenda for consideration. Member McGuffage moved to adopt the recommendation of the General Counsel, which was seconded by Member McCrory and passed by roll call vote of 8-0.
Ms. Malowitz presented and reviewed the following settlement offers for agenda items 2.a.2-8.
2) SBE v. Springfield PAC for Education, 5705, 22DQ013. Ms. Malowitz recommended denial of the offer because the amount offered was below 50% and the committee did not qualify as low dollar. She noted that the committee has not reported any receipts since the first quarter of 2017 and could consider closing to avoid future penalties. Aaron Graves was present on behalf of the committee and noted that he is working to correct the situation. Ms. Malowitz suggested that Mr. Graves reach out to staff for guidance regarding termination of the committee. Member Cadigan moved to deny the settlement offer, which was seconded by Member McGuffage and passed by roll call vote of 8-0.
5) SBE v. Citizens to Elect Terry Morris, 30614, 20MA020. Ms. Malowitz recommended acceptance of the settlement offer as it comports with the settlement guidelines. Terry Morris was present and concurred with the recommendation. Member Cadigan moved to accept the settlement offer, which was seconded by Member Terven and passed by roll
6) SBE v. Citizens for Corey Dixon, 32656, 22DQ072. Ms. Malowitz recommended denial of the offer because the amount offered was below 50% and the committee did not qualify as low dollar. Corey Dixon was present and said internal adjustments have been made, including appointment of a new treasurer, to prevent future violations. He then offered a revised settlement in the amount of $3,362.50. Member Terven moved to accept the revised settlement offer, which was seconded by Member McCrory and passed by roll call vote of 8-0.
8) SBE v. Our Committee to Elect Barbara Wells, 34476, 20MA031. Ms. Malowitz recommended acceptance of the settlement offer as it comports with the settlement guidelines. Barbara Wells was present and concurred with the recommendation. Member Terven moved to accept the settlement offer, which was seconded by Member Genovese and passed by roll call vote of 8-0.
3) SBE v. Friends of Jimmie Watson, 21738, 22MQ027; and
7) SBE v. Friends of Gail, 34212, 22DQ076. Ms. Malowitz recommended acceptance of the settlement offers as they comport with the settlement guidelines. Member McCrory moved to accept the above noted settlement offers, which was seconded by Member McGuffage and passed by roll call vote of 8-0.
4) SBE v. Citizens for Vincent E. Lockett, 23801, 22NF011. Ms. Malowitz explained that the committee requested a waiver of the fine instead of a settlement and recommended denial of the waiver. She noted that the committee is closed with a zero balance and also considered low dollar. Member Cadigan moved to deny the request for waiver, which was seconded by Member McGuffage and passed by roll call vote of 8-0.
Ms. Malowitz presented and reviewed the following appeals of campaign disclosure fines where she concurred with the hearing officer recommendation to grant the appeals for agenda items 2.a.9-12.
12) SBE v. Friends of Judge Tracie Porter, 37037, 22AD064. Ross Secler was present on behalf of the committee and concurred with the recommendation. Member McGuffage moved to grant the appeal, which was seconded by Member McCrory and passed by roll call vote of 8-0.
9) SBE v. Citizens for Durkin, 7516, 22AD010. Ms. Malowitz further recommended that the committee be ordered to amend its quarterly report and the previously stayed penalties should remain stayed. Member Cadigan moved to grant the appeal and order the committee to file an amended report, which was seconded by Member McGuffage and passed by roll call vote of 8-0.
10) SBE v. Friends of Mary E. Flowers, 4261, 22AJ006; and
11) SBE v. Unit Five Education Association IPACE, 12041, 22AJ014. Member Terven moved to grant the above noted appeals, which was seconded by Member Genovese and passed by roll call vote of 8-0.
Ms. Malowitz presented an appeal of campaign disclosure fines where she concurred with the hearing officer recommendation to grant the appeal and order the committee to file an amended report for agenda item 2.a.13) SBE v. MetLife, Inc Political Fund C, 15334, 22AJ016. Member Cadigan moved to grant the appeal and order the committee to file an amended report, which was seconded by Member McGuffage and passed by roll call vote of 8-0.
Agenda item 2.a.16) SBE v. Friends of Curtis Tarver II, 34112, 21SQ113, 22DQ075, 22AD035 will be placed on the February meeting agenda.
Ms. Malowitz presented and reviewed the following appeals of campaign disclosure fines where she concurred with the hearing officer recommendation to deny the appeals for agenda items 2.a.14, 15 & 17-23.
19) SBE v. Friends of Chemberly Cummings, 36009, 22MQ088. Ms. Cummings was present and said the committee reported the information in the incorrect quarter. She said the committee intended to close and offered a settlement in the amount of $125. Member Cadigan moved to deny the appeal and accept the settlement offer of $125. Member Terven seconded the motion, which passed by roll call vote of 8-0.
20) SBE v. Hollister With Joliet, 36170, 22NF046. Hudson Hollister was present and was of the understanding that the previous Chair had filed the reports. He then took over as Chair and filed amended reports, as well as paperwork to close the committee. Member McCrory moved to deny the appeal, which was seconded by Member Terven and passed by roll call vote of 8-0.
22) SBE v. Citizens for Elaine Davenport, 36625, 22DQ136. Ross Secler was present on behalf of the committee and offered a settlement in the amount of $425. Member Cadigan moved to deny the appeal and accept the settlement offer of $425. Member McCrory seconded the motion, which passed by roll call vote of 8-0.
14) SBE v. McHenry Township Republican Team Fund, 9158, 22AJ013; 15) SBE v. Citizens for Walters, 14804, 22AJ015;
17) SBE v. Diane Waggoner for Moultrie County Treasurer, 34305, 22MQ061; 18) SBE v. Citizens for Nelson Katsenes, 34978, 22AJ053;
21) SBE v. Citizens for Joni Radaszewski, 36302, 22MQ100; and
23) SBE v. Friends to Elect Stephen Spear, 36883, 22DQ147. Member Cadigan moved to deny the above noted appeals, which was seconded by Member McCrory and passed by roll call vote of 8-0.
Ms. Malowitz presented a listing of civil penalty assessments necessitating a final board order for agenda item 2.a.24. Member Cadigan moved to assess the civil penalties against the committees listed on pages 145-150 of the board packet. Member McCrory seconded the motion, which passed by roll call vote of 8-0.
An update on sponsoring entity reporting requirements and a listing of payment of civil penalty assessments were presented for informational purposes.
Ms. Malowitz noted that the following complaints following closed preliminary for agenda items 2.a.27-30 will be placed on the February meeting agenda:
27) Hardin v. People Who Play by the Rules PAC, 22CD032;
28) Henry v. Voters for Sean M Morrison, 22CD033;
29) Henry v. Coalition to Cut Taxes, 22CD034;
30) Henry v. Coalition to Stop the Proposed Tax Hike Amendment, 22CD035.
Ms. Malowitz indicated that no one was present on behalf of the parties for the complaints following closed preliminary hearing for agenda items 2.a.31-35 and noted they could be disposed of in open session.
31) Marshall v. Friends of Samie Martinez, 22CD036;
32) Marshall v. Friends of Samie Martinez, 22CD037;
33) Swartzman v. Friends of Samie Martinez, 22CD038;
34) Swartzman v. Friends of Samie Martinez, 22CD039;
35) Swartzman v. Friends of Samie Martinez, 22CD040.
Member McGuffage moved to dismiss the above noted complaints for want of prosecution, which was seconded by Member Cadigan and passed by roll call vote of 8-0.
Next on the agenda was the report of the Executive Director and Ms. Matthews began with an update on the 2023 Consolidated Elections. She presented the certification of the April 4, 2023 Consolidated Election ballot and indicated the certification pertained to those candidates who filed petitions for the offices of Multi-County Regional Board of School Trustees, Fox Waterway Agency and Fox Metro Water Reclamation District Board of Trustees. Ms. Matthews noted that staff are seeking approval of the certification of the ballot as presented and the authority to amend the certification in the case of candidate withdrawals or minor certification errors. Member Cadigan moved to certify the April 4, 2023 Consolidated Election ballot and grant authority to staff to amend the certification if necessary. Member McCrory seconded the motion, which passed by roll call vote of 8-0.
A listing of jurisdictions holding Consolidated Primary Elections was presented for informational purposes.
Ms. Matthews presented the Accessible Vote by Mail (AVBM) update memo from Jordan Andrew, Deputy General Counsel, which was included on pages 155-156 of the board packet. For the November 8, 2022 General Election, the Chicago Board of Election Commissioners provided their own accessible vote by mail service. The other election authorities that utilize an accessible vote by mail service utilized the one provided through the State Board of Elections. At this time, twenty six accessible vote by mail ballots were downloaded from seven jurisdictions that used the SBE’s platform and the City of Chicago reported that two additional voters utilized their platform. Staff is not aware of any voter in the state who wished to utilize the AVBM accommodation encountered any errors or issues, and no election authority reported any difficulties in implementing the AVBM process in their jurisdiction. Ms. Andrew reviewed her memo and said that outreach and education efforts will continue, as well as collaboration with the interested advocacy groups. She shared that proposed legislation is circulating in the General Assembly, which would amend Section 19-2.6 to require electronic returns of AVBM ballots. Ms. Jordan said that should the amendment pass, the requirement will be satisfied either through a third party vendor or in house development.
Ms. Matthews reported on legislative activity and shared that the Members of the 103rd General Assembly were sworn in on January 11 and several election related bills were filed. Staff are currently analyzing each bill and will continue to track the status as they move through session. Ms. Matthews noted that staff will continue to work with the legislative sub-committee and a listing of the elections related legislation will be provided at the February Board meeting.
Ms. Matthews presented the IVRS rewrite update, which was contained on pages 157-158 of the board packet and summarized the memo. The project is currently in Phase 2 and on track to begin Phase 3 during the month of January. In early December, Gartner was on site in the Springfield office to conduct Current State Assessment Workshops. There were eight workshops held over three days which covered an executive session, business session, information
technology security, development and infrastructure sessions, core counties discussion and a procurement workshop. In the next few weeks, staff and Gartner will be holding discussions with several states who have recently updated their voter registration system. Dustin Schultz added that outcomes from the workshops included the need to increase the overall efficiency of the system, the use of modern technologies, a design to create a cohesive system to meet the needs as statutory demands change, as well as a user friendly experience for the local jurisdictions.
The voter registration activity report, grant funding update, fiscal status reports and two year plan of staff activity for the months of January and February were presented for informational purposes.
Under comments from the general public, Jonathan Braun submitted a request to address the Board and Vice Chair Watson asked him to proceed. Mr. Braun offered his suggestions related to the Internet Voters Guide and discussed an application that he developed for voters to access candidate profiles, voting information and registration deadlines.
Member Terven moved to recess to executive session to discuss the appointment, employment, compensation, performance, or dismissal of specific employees and pending litigation pursuant to Sections 2(c)(1) and 2(c)(11) of the Open Meetings Act, 5 ILCS 120/2(c)(1), 2(c)(11). Member Genovese seconded the motion, which passed by roll call of 8-0. The meeting recessed at 12:00 p.m. and reconvened at 12:10 p.m. with the same attendance as noted in the initial roll call.
Member Cadigan moved to approve the executive session minutes from the November 15 and December 5 meetings. Member McCrory seconded the motion, which passed by roll call vote of 8-0.
With there being no further business before the Board, Member Terven moved to adjourn until Wednesday, February 22, 2023. Member Genovese seconded the motion, which passed unanimously. The meeting ended at 12:15 p.m.
https://www.elections.il.gov/AboutTheBoard/MeetingMinutesAll.aspx
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