From the Chicago Sun-Times
Legislator won't get kicked off ballot over fines, for now
August 27, 2004
BY DAVE MCKINNEY Sun-Times Springfield Bureau
SPRINGFIELD -- A Cook County judge Thursday gave a Chicago legislator a
temporary reprieve from possibly being kicked off the fall ballot because of
his failure to pay more than $80,000 in election fines.
The Illinois State Board of Elections had issued a deadline of noon today
for state Rep. Calvin L. Giles to pay $80,250 in fines for failing to file
an array of required campaign disclosure forms or be barred from the general
election.
But in a lawsuit filed Thursday, the West Side Democrat challenged the
constitutionality of a state law authorizing the fines against him.
In response, Circuit Judge Raymond L. Jagielski issued a temporary
restraining order against the state election board while he deliberates over
Giles' arguments, effectively blocking the state election board from taking
action against him today.
"The sanctions are disproportionate over what's intended by the law, and
that's to meet the filing requirements. If one fails to do it, it's like a
death sentence," said William R. Quinlan, who is part of the legal team
representing the six-term representative.
Favored to winGiles, chairman of the House Elementary and Secondary Education
committee,
is believed to be the favorite in a three-way race this fall against
Republican Glenn L. Harris and Green Party candidate Julie Samuels to
represent a portion of Chicago's West Side.
He got into hot water with the state election board last spring after
failing to file a series of campaign disclosure forms for more than a year,
triggering hard-hitting sanctions in state ethics laws.
Giles faces additional election fines of $62,750, though those aren't due to
be paid until November.
Until Thursday, Rep. Patricia Bailey (D-Chicago) faced a similar dilemma as
Giles, but she paid $4,925 in election fines due the state for missing
filing deadlines, ensuring she won't be kicked off the fall ballot.
Last week, Bailey survived another threat to her fall candidacy after a
judge ruled a challenge to her residency in her South Side district was
filed too late.
One of her primary challengers had alleged Bailey fraudulently voted from
vacant lots and wasn't living in the 6th House District before this spring's
elections.