Illinois Election Interference - State's Attorney's Actions

Lake and McHenry County State's Attorney's

Assessments of Election Interference

A complaint was filed with the Lake County State's Attorney in early 2004 alleging election interference in the promotion of yes votes on the Gurnee District 56 tax increase referendum. In response, on March 25, 2004, the Lake County State's Attorney's office sent a letter to the law firm of Scariano, Himes, and Petrarca, which per its web site, represents over 180 school districts, many in the Chicago and collar county areas.

The letter showed what parts of a three page "informational" document about the D-56 referendum made the document an advocacy piece (paragraph in the middle of page 2 of the letter). As an advocacy piece, distribution by teachers on school grounds during school hours (which is what happened) constituted a violation of the Attorney General's Model Ethics Ordinance, i.e. election interference. The letter also warned of the penalties for violating the Ordinance, and "strongly encouraged" public employees to be familiar with provisions of the Ordinance that will be in effect for the November General Election.

Click the links to see the Lake County State's Attorney letter to public school law firm Scariano, Himes, and Petrarca.

Page 1 Page 2 Page 3 Page 4 Entire Letter

So Lake County voters and taxpayers have an authority with which they can lodge election interference complaints that will take action. Not so in McHenry County.

In February, 2004, at least two citizen groups approached the McHenry County State's Attorney with complaints of election interference in Cary District 26 (also a Scariano et al client) and Harrison (Wonder Lake) District 36. Several weeks later, and three weeks after the election, some of the citizens received a terse response from the McHenry County State's Attorney's office indicating it found insufficient evidence of election interference -- even though the evidence presented was very similar to what the Lake County State's Attorney found to be in violation.

CRAFT will continue efforts to obtain a more clear and specific definition from the McHenry County State's Attorney and the Illinois Attorney General of what does and what does not constitute violations of the Model Ethics Ordinance and Election Interference Act.

For more information on these web pages or to submit examples of election interference in your district, contact Citizens for Reasonable and Fair Taxes.

CRAFT believes public school funds or resources should *not* be used to educate the public on political issues.

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