Plaintiff, the alderman for Chicago’s 25th Ward, filed a complaint with the Illinois State Board of Elections alleging that his predecessor’s campaign committee unlawfully paid personal legal fees from campaign funds. The Board dismissed the complaint and plaintiff filed for administrative review in the appellate court. The appellate court affirmed the Board’s dismissal. The Illinois Supreme Court granted plaintiff’s petition for leave to appeal and affirmed the appellate court, albeit on different grounds. The Supreme Court found that, considering the evidence before it, the board's conclusion that the legal fees amounted to a proper expenditure and not payment of a personal debt was not clearly erroneous. The court further rejected the contention that legal fees incurred to pay for a public official’s criminal defense against investigations or charges of public corruption amounted to a per se prohibited personal debt pursuant to the plain language and spirit of section 9-8.10(a)(3) of the Election Code. (GARMAN, MICHAEL J. BURKE, and CARTER, concurring. ANNE M. BURKE, THEIS, and NEVILLE, took no part in the decision.)
Illinois Supreme Court
Civil Court
Election Code