* Background is here if you need it. You’ll recall that the Illinois State Board of Elections deadlocked last month on whether Senate President Don Harmon’s campaign committee was responsible for nearly $10 million in fines and refunds after he continued accepting campaign contributions above the state limit beyond an end-point set by a board staffer via a letter. Harmon’s legal counsel Mike Kasper claimed the staff cut-off point was counter to state law.

After the tie vote, the board’s deputy general counsel declared that the assessments would be imposed. Kasper and several board members argued, however, that state law and judicial precedent are clear that the board cannot impose any sanctions without a majority.

* The state board met again today. The board’s deputy general counsel Jordan Andrew had this to say before the vote…

So my recommendation to the board today is to first vote on whether to impose the penalties contained in the June 5, 2025 notice. If at least five members vote to assess the penalties, then I can recommend an additional clarifying motion to ensure the board’s action is clear for judicial review if needed. Conversely, if at least five members vote against assessing the penalties, then the appeal can be granted because no violation of the election code was found and no penalties would be owed.

Now, if the board votes four to four on whether to assess penalties, no penalties will be owed because there will be no determination by at least five members that the committee violated [state law].

The board split again 4-4. Other votes were taken, but the long and short of it is that Harmon’s committee is off the hook.

* Meanwhile…

Illinois Senate President Don Harmon is facing a new challenge over a State Board of Elections staff finding that his campaign committee owes $9.8 million in fines for accepting campaign contributions in excess of state limitations.

The libertarian-leaning Liberty Justice Center, which frequently advocates on behalf of Republican causes, last week filed a citizen-initiated complaint with the election board regarding Harmon’s committee. The move could allow the matter to go to court and sidestep the bipartisan election panel’s stalemate on the issue. […]

The complaint filed through the Liberty Justice Center follows along the staff-initiated finding that Harmon violated the law. But as a citizen-initiated complaint, it could allow a court to review whether the board followed state law or to seek a judicial mandate requiring the board to act.

It’s not clear whether the courts would hear that, but we’ll see.