(The Center Square) – The referendum seeking to raise the Champaign County sales tax failed with 66% of the community voting to reject the measure. The complaint against the county for promoting the measure also failed.
The Illinois State Board of Elections heard John Bambenek’s complaint at its Oct. 30 meeting and it was dismissed for lack of jurisdiction.
The complaint alleged that Champaign County Executive Steve Summers signed off on spending at least $68,000 of public funds advocating for the ballot initiative.
Illinois State Board of Elections spokesman Matt Dietrich said only a state’s attorney or the attorney general can determine charges and prosecute in cases alleging election interference.
Bambenek said the board’s decision essentially repealed a law that prohibits the use of public funds to promote a candidate or a ballot initiative.
“Attorney generals and state’s attorneys don’t initiate investigations; they try cases. If you witness a crime you call the police and they investigate and package it up for the state’s attorney who then prepares it for court,” said Bambenek. “No police department knows what to do with the election code. If you call the state police or your sheriff, they’ll tell you to call the state board of elections. Effectively there’s no way to initiate an investigation.”
Bambenek said the scary thing is that without enforcement of the election code, then current office holders could use public funds to campaign and retain office.
“It’s illegal on paper, but in practice there’s no enforcement,” said Bambenek.
Despite Champaign county spending thousands of public funds on a sales tax hike referendum, it was defeated, which Bambenek said is “proof” that the county government mismanages taxpayer funds.
“Voters saw this was an out of control governmental unit who wasn’t handling money responsibility in the first place … and gaslighting the voters and [the voters] voted accordingly,” said Bambenek.
Bambenek doubts the complaint will gain the attorney general’s attention.
“There’s this notion of not only did it lose, but it lost big. Take your win and go home,” said Bambenek.
The state elections board said it would now be up to Bambenek to take it to the Champaign County state’s attorney or attorney general.
