Illinois Senate President Don Harmon faces potential $9.8 million fine for improperly accepting campaign cash
The calculation of the potential penalty emerged only days after the Oak Park Democrat attempted to pass legislation designed to wipe away the election board case and the potential penalties, a maneuver stymied amid bipartisan backlash only hours before the spring session adjourned early June 1.
The developments take on an added political dimension because of the looming federal sentencing on Friday of former Democratic House Speaker Michael Madigan in the bribery-related ComEd scandal.
In a letter dated June 5, the Illinois State Board of Elections told Harmon's campaign committee it must pay more than $9.8 million within 30 days unless an appeal is filed. The Harmon campaign has already filed a notification that it plans to appeal, and Harmon has said he 'fully complied with the law.'
On Tuesday, Harmon's political spokesman, Tom Bowen, said Harmon has supported every campaign finance reform that has passed the legislature and has 'always prioritized the highest ethical standards.'
'Our committee has filed a response to the Board of Elections that we do not agree with their assessment,' Bowen said in an emailed statement. 'We look forward to our opportunity to resolve this matter.'
Following a Tribune inquiry about Harmon's fundraising, election board officials notified Harmon in March that he had accepted more than $4 million in campaign contributions over the amount allowed under campaign finance restrictions he championed years ago that limit the size of political contributions.
The board arrived at the $9.8 million figure based on two provisions in the law.
The first would require Harmon's political fund to send to the state's operating fund an amount equal to the more than $4 million his campaign fund collected over the limit. The board also computed a nearly $5.8 million fine based on 150% of the amount the board determined Harmon overcollected. The board said it took into account a provision in the law that allowed for a couple of reductions for the first two violations among the dozens of excessive contributions in question.
It's still uncertain how precarious this situation is for Harmon and his campaign fund. Politicians frequently challenge the board, and negotiations can result in final fines that are a fraction of the potential fine. If Harmon wins the appeal, he could wind up paying nothing.
In a Tribune interview last week, Harmon also defended his eleventh-hour attempt to change state law with a clause that could have eliminated his elections board dispute and potential fine. He said the language he sought to insert in the statute was 'existing law' and his measure was an effort to clarify the issue.
But that is Harmon's interpretation of 'existing law,' not that of elections board officials.
At the heart of the disagreement between Harmon and election officials is a loophole in state campaign finance law. It allows politicians to collect contributions above state limits if any candidate in the race in which they are running — themselves or an opponent — reports reaching a 'self-funding threshold' in which they have given or loaned their campaign funds more than $250,000 for statewide races and more than $100,000 in races for the state legislature or local offices.
In 2023, Harmon gave his state Senate campaign committee more than $100,000 to open the loophole for the 2024 campaign season, even though he was not running for office last year.
In campaign paperwork, Harmon indicated he thought the move allowed him to collect unlimited cash through the November 2024 election cycle. But board officials informed him that the loophole would only be open through the March 2024 primary, meaning they viewed the campaign cash Harmon collected above campaign restrictions between March and the end of the year was not allowed.
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