Pasta supper may violate election law

A free spaghetti dinner for people who can prove they voted in today's election could have run afoul of Illinois election law.

But the chairman of the group putting it on said Monday night he's been assured if they open the dinner to everyone, they will be OK.

“I just wanted to share some goodwill,” said Jim Purcell, chairman of Building a Better Batavia.

After receiving complaints about the event, Kane County State's Attorney John Barsanti sent out a notice Monday afternoon about the matter.

“Knowingly giving any money or other valuable consideration to another person for voting violates the Illinois Election Code and is a Class 4 felony. This would include a meal,” he said in the prepared statement.

Building a Better Batavia invited voters to the supper at the Lincoln Inn banquet hall, via campaign fliers distributed door-to-door Monday morning, automated telephone calls late Monday afternoon, and a sign outside the banquet hall since last week. The fliers and calls said voters who presented a receipt indicating they had voted would get a free supper. “We printed that, but we aren't doing that anyway,” Purcell said. “We were not aware of” the law.

Building a Better Batavia has urged voters to say “yes” to borrowing up to $20 million to build a recreation center and part of a parking garage in downtown Batavia.

The meal was intended to thank its volunteers and show appreciation to voters. All diners have to do is present a receipt indicating they voted. Purcell said he talked to Barsanti Monday afternoon and was told he wouldn't get in trouble if the dinner was instead made available to everyone, regardless of whether they vote.

An opponent of the project complained about the dinner to the state's attorney's office Monday morning, according to an e-mail she sent to the Daily Herald.

Article 29 of the Illinois Election Code states “Any person who knowingly gives, lends or promises to give or lend any money or other valuable consideration to any other person to influence such other person to vote or to register to vote or to influence such other person to vote for or against any candidate or public question to be voted upon at any election shall be guilty of a Class 4 felony.” Class 4 felonies are punishable by prison sentences up to 3 years and fines up to $25,000.