No limits for some Cook County judicial candidates

FWIW readers already knew that Judge Rena Marie Van Tine had filed a Notification of Self-Funding in her race to hold the Leeming vacancy (the vacancy to which she was appointed by the Illinois Supreme Court).

Van Tine is slated for the Leeming vacancy by the Cook County Democratic Pary. One of her slatemates, Michael Weaver, the Party's candidate for the Lynch vacancy, has also filed a Notification of Self-Funding.

And FWIW readers will also remember that John H. Ehrlich and Stephen A. Swerdlow have also filed Notifications of Self Funding.

While her likely candidacy has been mentioned in some comments here, FWIW has not previously reported that Elizabeth "Beth" Ryan, who sought a countywide vacancy in the 2020 primary, is running again this year. But she is. Ryan has also filed a Notification of Self-Funding. This may not come as a particular surprise to FWIW readers who will remember that Ryan filed a Notification of Self-Funding in the 2020 election cycle as well.

But here's one you may not have heard about: Orland Park attorney Bernadette Garrison Barrett has filed a Notification of Self Funding in support of her bid for a judicial vacancy in the 2022 election.

Licensed in Illinois since 1991, accroding to ARDC, Barrett practices with the Barrett Law Group. Her firm website says she handles "divorce and family law litigation, civil litigation and corporate matters."

Her firm website says Barrett "maintains an aggressive litigation style." While acknowledging that "all cases have options of settlement," Barrett knows "that preparation is key and establishes a firm foundation for all cases."

A former President of the Southwest Bar Association, Barrett's firm website also notes her membership in the Illinois State Bar Association, the Will County Bar Association, and, the DuPage County Bar Association.

Barrett also serves on the Board of Trustees for Moraine Valley Community College and as a Board Member of Rise From The Ashes, a non-for-profit organization that provides pro bono legal services to victims of domestic abuse and violence.

Ordinarily, there are limits on what an individual, corporation, or PAC can donate to any Illinois candidate (for the forthcoming election cycle, the individual limit is $6,000; for more, click here). But there is an exception set out in §9-8.5(h) of the Illinois Election Code, 10 ILCS 5/9-8.5(h). This provision states:

Self-funding candidates. If a public official, a candidate, or the public official’s or candidate’s immediate family contributes or loans to the public official’s or candidate’s political committee or to other political committees that transfer funds to the public official’s or candidate’s political committee or makes independent expenditures for the benefit of the public official’s or candidate’s campaign during the 12 months prior to an election in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices, then the public official or candidate shall file with the State Board of Elections, within one day, a Notification of Self-funding that shall detail each contribution or loan made by the public official, the candidate, or the public official’s or candidate’s immediate family. Within 2 business days after the filing of a Notification of Self-funding, the notification shall be posted on the Board’s website and the Board shall give official notice of the filing to each candidate for the same office as the public official or candidate making the filing, including the public official or candidate filing the Notification of Self-funding. Notice shall be sent via first class mail to the candidate and the treasurer of the candidate’s committee. Notice shall also be sent by e-mail to the candidate and the treasurer of the candidate’s committee if the candidate and the treasurer, as applicable, have provided the Board with an e-mail address. Upon posting of the notice on the Board’s website, all candidates for that office, including the public official or candidate who filed a Notification of Self-funding, shall be permitted to accept contributions in excess of any contribution limits imposed by subsection (b). If a public official or candidate filed a Notification of Self-funding during an election cycle that includes a general primary election or consolidated primary election and that public official or candidate is nominated, all candidates for that office, including the nominee who filed the notification of self-funding, shall be permitted to accept contributions in excess of any contribution limit imposed by subsection (b) for the subsequent election cycle. For the purposes of this subsection, “immediate family” means the spouse, parent, or child of a public official or candidate.

There is no guarantee, of course, that all of these candidates will actually file for the 2022 primary. There's no law that requires a declared candidate to file, even after they make such a splashy financial declaration. There's no law that requires a candidate to file even if he or she has exerted great effort in gathering petition signatures.

However, any of these candidates who do file have the privilege of accepting unlimited funds from any legal donor, if such persons or corporations can be found. On the other hand, anyone running against these candidates, for the same vacancy, will have that same privilege. If other well heeled, generous donors may be found.

There have been previous instances of one self-funded judicial candidate squaring off against another self-funded candidate. There was at least one such contest in the 2020 primary season. The problem there, of course, is that, when two lavishly-funded candidates square off, one must lose. And only the winning candidate, and the losing candidate's consultants (assuming they collect on their bills), can be happy then.