CHICAGO – How long can a political candidate’s decision to loan their campaign money allow them to take unlimited donations from donors? As long as four years for a state senator, according to Senate President Don Harmon’s attorney.
The Illinois State Board of Elections had a different take earlier this year when they fined Harmon’s campaign $9.8 million following Chicago Tribune reporting that Harmon, an Oak Park Democrat, accepted $4 million more than was allowed during the 2024 election.
The donations in question involve a state law that limits contributions to campaigns during an election cycle. Under the law, a campaign becomes “self-funded” when the candidate puts more than $100,000 into the campaign. Once that happens, the candidate and their opponents are no longer subject to limits on how much people or political action committees can contribute to the campaign.
Harmon contributed $100,001 to his own campaign in January 2023. However, the State Board of Elections ruled the contribution only lifted the cap through the primary – meaning about $4 million collected after the primary was accepted improperly.
Harmon is appealing the board’s decision, and his lawyer argued in a hearing on Wednesday that the self-funding exemption should have remained in place, because Harmon’s name was not on the ballot in 2024.
While Harmon wasn’t on the ballot, legislative leaders frequently eliminate fundraising caps each election cycle to use their campaign funds to contribute to other candidates in their caucus.
Harmon’s objection
Harmon’s attorney Mike Kasper said he shouldn’t have had to make another $100,001 loan to reactivate the self-funding exemption when the primary season concluded. And it should still be in effect through the 2026 election, he argued before a State Board of Elections hearing officer.
“Once you become a candidate for that office, you remain a candidate for that office ... until the election for that office,” Kasper, a long-time election law attorney for Illinois Democrats, told the hearing officer.
Though Harmon began self-funding his campaign in the middle of an election cycle in which he was not on the ballot, Kasper said reestablishing caps either after the 2024 primary or general election would establish new limits on fundraising in the middle of Harmon’s term. Though Kasper argued fundraising limits should have been off for Harmon through the 2026 election, he said at a minimum they should have been off through the entire 2024 election.
“If it’s unfair to have the caps reattached after the primary when there’s a self-funder, it seems even more unfair to apply it halfway through the election,” Kasper said. “I don’t think anyone ever intended for the caps to be put back on in the middle of an election.”
Citing the state law that allows candidates to self-fund without limits, Kasper said the board’s interpretation “stretches the statute into a pretzel I think is incomprehensible” and limits an opponent’s ability to financially compete against the self-funding candidate.
An attorney for the board declined to defend the penalty at Wednesday’s hearing.
Prior violations
The alleged 2024 violation is not the first time one of Harmon’s political committees has been fined for improperly accepting contributions.
The State Board of Elections fined the All for Justice political action committee $108,500 for not timely filing reports for how it spent more than $7 million during the 2022 campaign.
The committee, backed by Harmon, was established to help elect two Democrats to the Illinois Supreme Court. It was disbanded shortly after the fine.
Harmon currently operates three campaign accounts for his Senate seat, township committeeman position and his bid to be elected next year to the Democratic Party of Illinois’ State Central Committee.
His main account for his Senate campaign that he also uses to support other Democratic candidates for Senate had $14.5 million at the end of June, according to State Board of Elections records, meaning a $9.8 million fine would seize most of the money he has available. Harmon filed a new notice of self-funding in January after depositing another $100,001 into his campaign. However, the notice only indicates self-funding and the suspension of contribution limits through the March 2026 primary.
The State Board of Elections could rule as soon as their meeting on Sept. 16 whether Harmon will have to pay the full fine, a smaller penalty or no fine at all. The board’s ruling is likely to set a precedent for future campaigns on how long contributions limits can remain suspended in an election.
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