Illinois Senate President Don Harmon is off the hook for a $9.8 million fine after election board officials deadlocked again Tuesday over allegations that the Oak Park Democrat’s political committee accepted donations beyond state campaign financing limits.
Members of the Illinois State Board of Elections, which is composed of four Republicans and four Democrats, landed in 4-4 ties along party lines on separate motions to reject or to impose the hefty fine against the Friends of Don Harmon for State Senate campaign committee.
Without a majority, no action could be taken against Harmon, election board general counsel Marni Malowitz said, settling procedural questions raised in a board meeting last month.
“As far as I’m concerned, this case is over,” said Malowitz, who previously had recommended the board impose the fine.
A spokesperson for Harmon said, “We’re pleased to have this matter finally behind us and to focus all of our energy on solving the real problems facing Illinoisans every day.”
Another complaint over the same issue was filed against Harmon’s committee by the conservative Liberty Justice Center, which could eventually make its way back to the election board and potentially to court. But for now, the Senate president’s fundraising kerfuffle is settled.
Election board staffers fined Harmon’s committee earlier this year for allegedly violating state law with the amount of campaign cash it accepted after the March 2024 primary election, following questions raised by the Chicago Tribune.
The law limits campaign contributions in a race unless a candidate declares as “self-funded” by putting more than $100,000 into their committee during an election cycle to lift the cap. It’s ostensibly intended to allow regular-Joe candidates to solicit contributions to help them keep up with wealthy candidates who can tap their own fortune for political expenses.
The point of contention in Harmon’s case was when one election cycle ends and another begins.
Harmon put $100,001 in his campaign fund in January 2023 to lift the contribution cap. He wasn’t up for election in the 2024 primary — state Senate terms are staggered between four- and two-year terms — but as the chief fundraiser for his colleagues in the Democratic supermajority, Harmon regularly transfers money to other candidates.
After that primary, Harmon’s campaign continued accepting large contributions totaling more than $4 million by the end of 2024 — all of it illegal, according to election board staffers, who argued the contribution cap was back in place between the primary and the general election in November.
Harmon’s attorney, Michael Kasper, argued that since Harmon wasn’t on the ballot last year, the contribution cap remains lifted heading into the March 17, 2026, primary, when Harmon is up for reelection.
“This case highlights how ambiguity in the law can sometimes lead to vastly different interpretations,” said Rick Terven Sr., the Democratic vice chair of the election board. “But I have never encountered a situation on this board … where a tie vote resulted in punitive damages. We must uphold the principle that a majority is required to convict someone.”
Republican board chair Laura Donahue said the stalemate leaves officials “in kind of a limbo.”
“We won’t have any direction, because we have recommendations from the hearing officer, our general counsel, and we don’t know what an election cycle is defined [as]. And I think it’ll be incumbent on the Legislature to either give us that, or the courts, or somewhere.”
Harmon deposited $100,001 into his committee earlier this year to lift the cap ahead of next year’s primary.