Grundy Reporter

Illinois State Board of Elections met Nov. 18.

Here is the minutes provided by the board:

PRESENT: Charles W. Scholz, Chair

William J. Cadigan, Member

Laura K. Donahue, Member

William M. McGuffage, Member

Katherine S. O’Brien, Member

Casandra B. Watson, Member

ABSENT: Ian K. Linnabary, Vice Chair

William R. Haine, Member

ALSO PRESENT: Steven S. Sandvoss, Executive Director

Bernadette Matthews, Asst. Exec. Director

Kenneth R. Menzel, General Counsel

Amy L. Calvin, Administrative Assistant III

The meeting convened at 10:30 a.m. via videoconference with six members present. Chair Scholz, and Members Cadigan and Donahue were present in Springfield. Members McGuffage, O’Brien and Watson were present in Chicago. Vice Chair Linnabary and Member Haine were absent and Member Cadigan and Chair Scholz held their proxies respectively.

Chair Scholz opened the meeting by leading everyone in the pledge of allegiance.

Staff service awards were presented to Cheryl Hobson for 15 years of service and Tom Newman for 20 years of service with the agency. The board thanked both of them for their service.

General Counsel Menzel presented the following appeals of campaign disclosure fines where he concurred with the hearing officer recommendation to grant the appeals for agenda items 3.a.1-2:

1) SBE v. Alsip Citizens Alliance, 32293, 19JQ108;

2) SBE v. Illinois Beef Association PAC, 35209, 19AJ043.

Member Cadigan moved to grant the above appeals, which was seconded by Member Donahue and passed by roll call vote of 8-0.

Mr. Menzel presented and reviewed the following appeal of campaign disclosure fines where he concurred with the hearing officer recommendation to deny the appeal for agenda item 3.a.5.

5) SBE v. Citizens to Elect Derrick G. Curtis, 26217, 19AD121. Ross Secler was present on behalf of the committee and said the former Treasurer became ill and passed away.

Because of this, the new Treasurer was not able to determine the date of the in-kind notification. Mr. Secler then offered a settlement of 25% of the fine. Member McGuffage moved to deny the appeal, however, due to extenuating circumstances, accept the settlement offer of 25%. Member Watson seconded the motion, which passed by roll call vote of 8-0.

General Counsel Menzel presented the following appeals of campaign disclosure fines where he concurred with the hearing officer recommendation to deny the appeals for agenda items 3.a.3-4 & 6:

3) SBE v. Friends of Robert L. Rossi, 23544, 19JQ061;

4) SBE v. William R. Stalker Campaign Fund, 26208, 19JQ087;

6) SBE v. Zehra for 50th Ward, 34274, 19MA023.

Member Cadigan moved to deny the above appeals, which was seconded by Member Donahue and passed by roll call vote of 8-0.

Mr. Menzel presented and reviewed the following appeal of campaign disclosure fines where he concurred with the hearing officer recommendation to grant the appeal in part and deny the appeal for agenda item 3.a.7:

7) SBE v. Citizens for Brannigan, 31669, 19AJ025.

Member Cadigan moved to grant the appeal in part and deny the appeal in part, which was seconded by Member Donahue and passed by roll call vote of 8-0.

Mr. Menzel presented a listing of civil penalty assessments necessitating a final board order.

Member Cadigan moved to assess the civil penalties against the committees listed on pages 32- 39 of the board packet. Member Donahue seconded the motion, which passed by roll call vote of 8-0.

A listing of payment of civil penalty assessments was presented for informational purposes.

Mr. Menzel presented and reviewed a complaint following closed preliminary hearing for agenda item 3.a.10) St. Clair County Republican Central Committee v. Citizens for Richard “Rick” Watson, 18CD090. Since neither party was present, it was determined that an executive session was not necessary to dispose of the complaint. Member Cadigan moved to dismiss the complaint for want of prosecution. Member Donahue seconded the motion, which passed by roll call vote of 8-0.

Member Cadigan moved to approve the minutes from the October 16 meeting as presented.

Member Donahue seconded the motion, which passed by roll call vote of 8-0.

Executive Director Sandvoss began his report with a consideration of an emergency approval request for the KNOWiNK Poll Pad and asked Kyle Thomas, Director of Voting and Registration Systems to present the request. Mr. Thomas reviewed his memo and the request from DuPage County Elections Division contained on pages 42-45 of the board packet. He noted that KNOWiNK is an electronic poll book provider in Illinois and that they have recently entered into a purchase agreement with DuPage County. Per their letter dated October 25, 2019, DuPage County has requested an emergency approval for the interaction of their electronic poll book with the GEMS tabulation system and the TSX DRE, which is a component of the GEMS tabulation system. Mr. Thomas explained that SBE rules provide that an application for a tabulation system is typically submitted at least six months prior to the use of that system in an election. Due to the timing of the RFP process for this electronic poll book, it did not allow for the submission of an application prior to the six-month deadline, which would have been September 17. He said that Kankakee County will also use this system and that emergency testing would begin soon. Mr. Thomas then asked the board for approval to begin the process of review and testing of the proposed KNOWiNK Poll Pad modification to the GEMS 1.18.24 vote tabulation system. Scott MacKay, Deputy Clerk of DuPage County was present and elaborated on the request. After discussion, Member Cadigan moved to approve the request for emergency review and testing of system as presented and recommended by Mr. Thomas. Member Donahue seconded the motion, which passed by roll call vote of 8-0.

Next on the agenda was the legislative report, which was presented by Angela Ryan, Director of Legislation. She noted that a listing of the election bills that passed in Veto Session were included on page 46 of the board packet. Senate Bill 1863, the elections omnibus bill was not addressed during this Veto Session. Ms. Ryan informed the board that she is working with staff on proposals to submit to the legislative sub-committee. The legislative agenda for 2020 will then be submitted for approval at the December board meeting.

Mr. Sandvoss presented the Automatic Voter Registration (AVR) update and deferred to Dustin Schultz, AVR Coordinator. Mr. Schultz indicated that his memo was included on pages 47-49 of the board packet and added that Just Democracy, a nonpartisan coalition, submitted their written comments regarding the AVR Rules and legal staff was in the process of reviewing them. In response to a question regarding voter registration data sharing with the state of Indiana, Mr. Thomas indicated that a draft agreement was almost finalized and would be sent to Indiana for their input. The agreement provides that the SBE submit voter registration data to Indiana for matching because their state law does not allow for them to provide registration data to governmental entities. It was noted that the other surrounding states, except Indiana, are current members of ERIC. Discussion ensued regarding the data sharing agreement and it was agreed that this matter would be considered at a future board meeting.

Mr. Sandvoss presented the Voter Registration Activity report and Cyber Navigator Program (CNP) update for informational purposes. Amy Kelly discussed the CNP and indicated that the physical installation of equipment for connection to the Illinois Century Network (ICN) has been completed at fifty-three election jurisdiction sites. She noted that all election jurisdictions would be connected to the ICN prior to the 2020 General Election.

The required six-month review of the executive session minutes was presented. Mr. Sandvoss reported that he and Mr. Menzel reviewed the minutes and determined the necessity of confidentiality does not exist as to the release of such minutes for the period of April 16, 2019 thru September 16, 2019. Member Cadigan moved to accept the recommendation of the General Counsel and remove the need for confidentiality from the minutes noted above. Member Donahue seconded the motion, which passed by roll call vote of 8-0.

The fiscal reports and two year plan of staff activity for the months of October and November were presented for informational purposes.

Member Cadigan moved to recess to executive session to consider personnel matters. Member O’Brien seconded the motion, which passed by roll call vote of 8-0. The meeting recessed at 11:25 a.m. and reconvened at 12:35 p.m. with the same attendance as noted in the initial roll call.

Member Cadigan moved to authorize the Executive Director to renew the contract for Bernadette Matthews, Assistant Executive Director, including any additional responsibilities necessary; and also authorize the Executive Director to renew the term for Jeremy Kirk, Director of Administrative Services. Member Donahue seconded the motion, which passed by roll call vote of 8-0.

With there being no further business before the board, Member Cadigan moved to adjourn until Tuesday, December 17, 2019 in Chicago. Member Watson seconded the motion, which passed unanimously. The meeting adjourned at 12:40 p.m.