Uncertain future for 'pay to play' ban

SPRINGFIELD -- Legislation to combat "pay to play" politics in Illinois advanced to the Senate floor Thursday, where it faces an uncertain future because of what the Senate president calls a "gaping loophole."

The bill prohibits those who get state contracts of $50,000 or more from giving campaign contributions to the officeholder awarding the deal -- or to that politician's opponent in an election year. It would be the first major campaign finance revision in nearly a decade.

But Senate President Emil Jones Jr., a Chicago Democrat, complained to the Senate's Executive Committee that the money ban would simply consolidate power and influence of state parties, to which contractors wanting to say "thank you" would direct their checks.

"They'd in turn give it to the political party and it's the political party that finances statewide officials," Jones said. "It's a gaping loophole."

He proposed amending the bill to bar contractor donations to any statewide officeholder, whether they're responsible for awarding a contract or not. That move could kill the measure entirely.

The bill's sponsor, Sen. Don Harmon, an Oak Park Democrat, acknowledged Jones' concern but said the bill focuses on a specific problem.

"It is a risk that we need to be watchful of," Harmon said. "The immediate issue is the appearance that contracts and campaign contributions are directly related."

That appearance is fed by scandals such as the one involving Antoin "Tony" Rezko. A fundraiser for Gov. Rod Blagojevich, Rezko is on federal trial in Chicago on charges he schemed to get kickbacks and campaign donations from companies seeking state business or regulatory approval. Blagojevich is not charged with wrongdoing.

Jones conceded some ground when he held back the threatened change that might kill the bill. He filed an amendment Thursday that would extend the contribution ban to any officeholder.

In other words, under Jones' proposal, a business getting a $50,000 contract from the governor couldn't give money to the attorney general or the treasurer, either. Supporters later said they questioned whether such an idea is constitutional.

After the committee hearing, Jones said the amendment was meant to "improve" the bill, not doom it, but he wouldn't say what would happen if the final legislation didn't meet his approval.

Cindi Canary, director of the Illinois Campaign for Political Reform, said she believes Jones is just making noise to ensure the Senate gets proper credit for its contributions to the legislation. The House adopted the idea more than a year ago but it has been intensely negotiated between the chambers since.

The legislation also requires businesses with contracts of $50,000 or more to register with state elections officials. The State Board of Elections would create a searchable online database of the businesses, their partners and contributions they've made.

Violations would void the contract and contributions would be paid to the state budget.