News Release

FOR IMMEDIATE RELEASE

February 18, 2009

Contact: John Bambenek 217-493-0760

Bruno Behrend    847 343-4250

Illinois citizen files suit to against Comptroller Dan Hynes

Cites spending taxpayer money without a balanced budget is unconstitutional

CHAMPAIGN - Today Illinois citizen and activist John Bambenek filed suit with the State Supreme Court to prevent Comptroller Dan Hynes from spending taxpayer dollars without a balanced budget as required by the Illinois Constitution.

“Essentially, the comptroller cannot spend money without legal authorization, and an unconstitutional budget is by definition not legal,” Bambenek said. “So we are enjoining him from spending until the problem is fixed.”

According to the Illinois Constitution, money paid out by the state must be equal with the money the state receives. The comptroller issued a report last week indicating that without changes to the current budget, the state will operate with a $9 billion deficit.

“The clause in the Constitution exists to prevent situations like this where the state finds itself in a fiscal crisis, and the blame for this rests on the General Assembly who has crafted the budget, and at times, has simply kicked [former] Governor Blagojevich out of budget negotiations,” Bambenek said.

The suit Bambenek filed would force the General Assembly to draft a solution to the budget crisis within 30 days of the ruling.

“Citizens have every right to enforce the requirements of their constitution that are clear, unambiguous and without debate,” Bambenek said. “A constitution, going all the way back to the Magna Carta, finds its entire purpose in restricting the power of government.”

Bambenek says the victims of the budget crisis are those who are currently on the state’s social programs, including those on Medicaid, drug treatment recipients, mental health treatment facilities and the indigent.

“Politicians should have the courage to inform the public their reasoning behind the need for increased taxes so that they can spend,” Bambenek said. “Budget deficits are merely deferred tax increases with interest that are foisted on the public at the worst possible time by politicians who claim that they have no choice, when really, they were irresponsible all along.”

John Bambenek is a political activist, writer and co-founder of the Illinois Citizens Coalition (ICC), a political action committee created to inform and organize Illinois citizens to take more of an interest in state government. For more information visit the ICC website at www.yesforillinois.com.

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Balanced Budget Suit

As we (John Bambenek and I) traveled the state debating many of the spokespersons for the “Alliance for the Status Quo,” we noticed that in virtually every case, the room would move in our direction. This was an indicator of just how much better our argument was than the “No” side.

Another indicator that we were on the right track is just how many newspapers across the state, most of which were against a convention in 1988, seemed to understand that nothing else is going to break the stranglehold of the Illinois Political Class. Illinois needs a “dynamic changing event,” and banging your head against the Democrat/Republican wall isn’t going to provide that opportunity.

I could go on at length about the issue, but at the end of the day, nothing happens in American politics with out money. In a battle between the $1.3-1.8 million in the coffers of the defenders of the status quo against a smattering of groups who couldn’t raise more than a few tens of thousands, ad 61-39 loss isn’t that bad.

I remain convinced that if we were on a level playing field financially, the Convention would have passed. Our arguments were just that much better.

In closing, let me again say how much of a pleasure it was talking to the 1000s of Illinois citizens over the last 1-2 years. I thank you all for the opportunity.

On to the next big thing.

You have been robbed of an honest vote on the Illinois Constitutional Convention.

With out going into all the details of the lawsuit on the ballot language (I was the first to initiate legal action), it suffices to say that the judge found for the plaintiffs (my clients, the Chicago Bar Association, and Pat Quinn) on the merits (the ballot was biased, misleading, and factually inaccurate, and therefore unconstitutional), but not on the remedy.

The Plaintiffs wanted a separate ballot for the Convention. The Defendants argued that this “wasn’t possible.” The judge agreed with the defendants on the remedy, and the ruling was that each voter was to receive a “corrective notice.” (see below)

Notice to each voter

The plaintiffs returned to court after widespread reports of noncompliance across the state (during early voting). It was there that it became clear that the defendants, primarily the State Board of Elections (SBE), did very little to provide local election officials with the proper instructions and analysis of the Judge’s 10/6/2008 order.

Interestingly, ONLY AFTER requests (by the CBA attorneys) to provide information on the communications between the State Board of Elections and local officials, does Lisa Madigan’s office FINALLY issue an opinion that the Judges decision is binding upon the entire state.

The 2nd hearing culminated in an order that the SBE issue instructions to ALL Illinois election officials, and that these instructions include specific instructions to ALL election judges.

That order is directly below.

October 30th Order

We (plaintiffs) have always felt that the “Notice” remedy was wholly inadequate. That said, each voter is legally entitled to see the notice, and we are still getting wide reports of non-compliance.

I you are interested in taking some action, please print out the affidavit directly below.

Voter Affidavit

I would appreciate it if some of you (Illinois voters) reading this would download/print the second pdf (below) and fill out the information in the affidavit. You can get it notarized and virtually any bank, your insurance agent’s office, or a real estate firm. Once notarized, you can fax it to the Chicago Bar Association’s office at (312) 554-2054. If you have a scanner, you can e-mail it to pollwatcher[at]chicagobar[dot]org.

In my opinion, the Illinois Political Class - a class of people unfit to lead this fine state - have already disenfranchised EVERY (yes and no) voter in Illinois with their mendacity and incompetence. It shouldn’t go unnoticed that Lisa Madigan is defending this incompetence when a simple opinion issued in early September could have avoided all of this and still given Illinois a fair election on this issue.

Your sending in of affidavits will provide the citizens of this state with a body of evidence that may allow for the correction of this travesty.

RIGHT SIDE THIS YEAR

has been vindicated

The forum will feature Bruno Behrend and John Fritchey for the “Yes” side, and Dan Proft and another “No” defender to be announced. It will take place at English, located at 444 N. LaSalle - 3rd floor.

“Biz leaders aim to revive Ill. GOP” (Sept. mirrors the old joke about looking for your lost contact lens where you can see but not where you lost it. Here’s why:

The Republican Party was founded as a party of ideas, not patronage. When former Illinois Gov. Jim Thompson converted it to a patronage party, he appeared successful for a while but destroyed the party’s roots in the process. Therefore, Republicans will not prosper again until they re-establish a set of ideals and promote policies that put those ideals into a governing agenda.

If you want an example of the party’s lack of leadership, you need look no further than its decision to punt on the Illinois constitutional convention issue. In a year where Sen. Barack Obama draws new Democrats to the polls, the Republican Party decided to do little. They may think they are conserving resources, but in reality they have only succeeded in making themselves just that much weaker going into 2010.

Furthermore, to excite the kind of people who might consider running for office and the voters necessary to elect those people, the Republican Party must embrace bold policies. Merely saying, “We aren’t Democrats” exposes their lack of ideas.

Improving Illinois can only come from reactivating the citizenry so that they support the new ideas that will bring disaffected and/or new people into the process. If such a phenomenon occurs, it will come out of some tinkerer’s garage, not the moribund Republican Party. If you want to change the dynamics in Illinois, voting “yes” on the constitutional convention is your best bet.

Bruno Behrend
Founder
Illinois Citizens Coalition
River Forest

We hope many businessmen and women attend to ask Mr. Murnane why the Illinois business community is wasting this golden opportunity to burnish its image by working to empower businesses and individuals in Illinois.

You may also want to attend just to ask him why the Illinois Civil Justice League is walking hand-in-hand with the Illinois Trail Lawyer’s Association in working to keep Illinois bankrupt, over-lawyered, and opaque from citizen oversight.

Also at the event, but not debating each other, will be Tony Peraica and Anita Alvarez, candidates for Cook County States Attorney.
View Larger Map

If you can’t attend, remember to tell 10 friends to vote “Yes” in November. And don’t forget to BUY OUR BOOK! (Click the ad to the right) We are told by readers that it is very persuasive in convincing people to vote “Yes.”

A forum open to the public on whether or not to convene an Illinois Constitutional Convention will be held in the Veterans’ Room of the Oak Park Public Library, Lake Street and Grove Avenue, at 7:00 to 9:00 p.m. on September 30th.

On November 4, voters in Illinois will be asked to vote “yes” or “no” to convene the convention. According to article XIV of the 1970 Illinois constitution, Illinois voters shall decide every 20 years whether a constitutional convention shall be convened for the purpose of drafting a new constitution. The most recent convention occurred in 1970. Other Illinois constitutions have been written in 1818, 1848, and 1870.

The participants include Bruno Behrend and a representative from the Alliance to Protect the Illinois Constitution to be announced later. Behrend, a River Forest attorney, is host of the “Extreme Wisdom” Radio Talk Show and co-founder of the state-wide grass roots organization “YES for Illinois.” He is the co-author of “Illinois Deserves Better” and favors convening Con Con. The Alliance to Protect the Illinois Constitution opposes convening Con Con.

Proponents and opponents of a new constitution argue whether a new constitution is needed to address abuses in the Illinois political landscape.

Among issues to be addressed in the forum are the ability of the present constitution to effect term limits, reform in divorce law, recall of elected officials, proliferation of the number of taxing bodies in Illinois (8000 compared to 5000 in the runner-up state of Pennsylvania), dissolution of the township form of government, gutting of tax caps by use of unlimited “life safety” bonding power by school districts, abuse of zoo, exotic, and carnival animals, judicial retention, merit selection of judges, inappropriate tax-increment funding districts, ethics reform, legislative pay increases, professional prerequisites for legislators, imposition of special service area taxes without representation, and legislative district gerrymandering.

The forum will include a question and answer session.

Library Flyer

The debate will take place in Rockford, Illinois on Friday , Sept. 12, 7:00 a.m. - 8:30 a.m. at the Stockholm Inn at 2420 Charles Street. It is our understanding that you need to be a member of the Chamber to attend this event.