Illinois Senate week in review

[July 17, 2010]  SPRINGFIELD -- Legislation that would affect how primary elections are conducted in Illinois was acted on this week, as well as measures state Sen. Larry Bomke said target home repair fraud and corruption.

On July 13, Gov. Pat Quinn amendatorily vetoed House Bill 4842, altering the legislation to create an open primary system in Illinois.

In its original format the legislation required the State Board of Elections to publish an electronic voter's guide that would be posted online prior to the state's general primary election. While the governor's amendatory veto retains the original language, it also eliminates the state's current requirement mandating that a voter publicly declare his or her party affiliation when voting in the primary election.

Even lawmakers who support an open primary system, including Bomke, R-Springfield, were critical of the governor's use of his executive authority to alter a fairly innocuous bill in order to advance more controversial legislation. Bomke noted that although he filed virtually identical legislation just days after Quinn became governor in 2009, Quinn made no effort to win Democrat support for the measure in the past year and a half.

Quinn said his intent is to establish a "fairer" primary election system. Many people have sought an open primary in the past, arguing that the current system infringes on voters' privacy rights. However, while establishing an open primary system in Illinois has been debated for some time, it has never generated enough legislative approval to be passed by the General Assembly. Opponents argue that requiring voters to declare a party affiliation helps assure the integrity of the nominating process and allows parties to more easily coordinate fundraising and outreach efforts.

Another election issue was signed on July 12 and requires the governor and the lieutenant governor to run as a team in the general primary election. House Bill 5820 (P.A. 96-1018) was introduced following controversy surrounding the 2010 Democrat primary election win of a largely unknown candidate, Scott Lee Cohen. Cohen later bowed out of the race following media revelations that raised serious concerns about his qualifications and character.

Additional legislation, Senate Bill 2551 (P.A. 96-1019) was signed that will force corrupt politicians convicted of strong-arming state contractors for campaign kickbacks to forfeit all political funds under their control.

The new law creates a public corruption profit forfeiture provision that would require automatic forfeiture of all political contributions held by a political committee or organization controlled by someone convicted of certain criminal violations. These violations include intimidation by a public official, including threatening to take, cause or withhold action as a public official against anyone or anything; bribery involving a public officer or public employee; and providing, soliciting or accepting kickbacks in connection with public contracting.

Finally, two laws to protect homeowners from home repair fraud were signed by the governor. Senate Bill 3645 (P.A. 96-1026) increases the penalty for home repair fraud when committed by someone working on a project intended to assist a disabled person. Unfortunately, unscrupulous individuals seek to scam people with disabilities -- people they believe may be more susceptible to fraud. Senate Bill 3645 hopes to deter this by establishing more dire consequences for this type of fraud. Another bill, Senate Bill 2540 (P.A. 96-1023), allows homeowners who suffer actual damage during a home repair or remodel to pursue legal action for consumer fraud and deceptive business practices.

[Text from file sent on behalf of Sen. Larry Bomke by Illinois Senate Republican staff]