Fire District Ordered To Pay Back Taxpayer Money Spent On Mailers

WOODRIDGE, IL — The Darien Woodridge Fire Protection District committed election interference through a "technical violation of the Election Code," but did not do so intentionally or maliciously, according to the DuPage County State's Attorney's Office. The district's political action committee must repay about $2,455 in public money, but will not be criminally charged, prosecutors said.

According to documents obtained by Patch through a FOIA request, a complaint accused the fire protection district of using taxpayer funds to advocate for the debt reduction bond referendum on November's ballot, a violation of Section 9-25.1 of the Illinois Election Code. Section 9-25.1 provides that "'No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization,'" according to the State's Attorney's Office.

The State's Attorney's Office investigation determined a mailer paid for by the district's PAC with public funds was factually accurate, but because the committee's name openly supported the referendum, the mailer constituted advocacy, which is prohibited by law. Additional mailers and signage from the committee were not paid for with public funds and were legal, the State's Attorney's Office ruled.

"In reviewing the circumstances, it is clear that your intent was to promote transparency and comply with what you believed the Illinois Election Code required with regards to campaign finance reporting," according to a letter to the committee from the State's Attorney's Office.

The committee was initially formed in May as "Friends of DWFD" but changed its name to "Friends of DWFD in Support of Debt Reduction Bond Referendum" in consultation with the Illinois State Board of Elections.

"Indeed, had you not changed your committee name at the behest of the Illinois State Board of Elections, the mailing was factual in nature and could have been sent under the district's name," the State's Attorney's Office said, adding, "This subtle distinction is easily overlooked, especially considering that [had] the Committee retained the original name of 'Friends of DWFD' there would be no technical violation of the Election Code."

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The provision of the Election Code the fire protection district violated is intended to ensure "public funds will be devoted to the public purposes for which they were levied and not to the personal political interests of public officeholders" and serves to "eliminate the advantage which the incumbent officeholders might have in affecting the electoral process," according to court cases cited by the State's Attorney's Office.

"'At the same time, it recognizes the contributions which can be made by public officials ... in educating voters regarding the issues,'" prosecutors said.

The committee was ordered to refund the fire protection district the total amount of the contribution made for the mailings — $2,454.97, according to documents obtained through a FOIA request. The state's attorney's office also requested proof of reimbursement.

Related:

• Woodridge Voter Guide 2020

• Tell Patch If You See Election Shenanigans In DuPage County