A hearing officer is recommending the Illinois State Board of Elections dismiss a complaint that alleged conservative radio host and political operative Dan Proft illegally coordinated with former Republican state Sen. Darren Bailey during his 2022 campaign for governor.
Proft, a one-time gubernatorial candidate himself, is behind an independent expenditure committee dubbed the 鈥淧eople Who Play By The Rules PAC,鈥� which received $42 million from GOP megadonor Richard Uihlein, and in turn spent $36 million during the 2022 campaign cycle.
The complaint, filed by a top Democratic party official in the waning days of the campaign, claimed Proft鈥檚 PAC coordinated campaign spending with Bailey in violation of state law.
Under Illinois election law, 鈥渋ndependent expenditure committees鈥� like Proft鈥檚 PAC are barred from making expenditures 鈥渋n connection, consultation, or concert with or at the request or suggestion of鈥� public officials or candidates for office.
But in an opinion published this week ahead of the election board鈥檚 next meeting Tuesday, hearing officer James Tenuto agreed with Proft and Bailey鈥檚 contention that the complaint actually relied on federal law prohibiting independent expenditure coordination and wrote that 鈥淚llinois has no laws or rules governing independent expenditures.鈥�
Though Tenuto recommended that the Board of Elections adopt rules or the General Assembly clarify state law about what is and isn鈥檛 allowed by independent expenditure committees, his broader take was that the evidence in the case didn鈥檛 support the claims of Proft and Bailey鈥檚 illegal coordination.
In an April hearing on the matter, attorneys for Democratic Party of Illinois Executive Director Ben Hardin, who lodged the complaint, painted a picture of illegal campaign coordination via a secret meeting, use of Bailey鈥檚 campaign footage in advertisements produced by Proft鈥檚 PAC, and Bailey鈥檚 appearances on Proft鈥檚 AM radio show.
The day after Bailey won the four-way Republican primary for governor in June of 2022, he and his campaign manager flew via helicopter to a Chicago-area country club for a meeting requested by Proft.
At that meeting, Proft told Bailey that Uihlein had agreed to provide $20 million to Bailey鈥檚 campaign 鈥� and allegedly presented Bailey with an envelope containing a check to that effect 鈥� if Bailey fired his campaign staff and Proft was given the reins.
If not, Bailey was told, Uihlein would instead direct the money to Proft鈥檚 PAC, according to testimony during the April hearing. Bailey refused to accept the deal, and Proft鈥檚 PAC went on to produce pro-Bailey ads funded by Uihlein鈥檚 millions.
Tenuto was unconvinced by Hardin鈥檚 contention that because Bailey refused the $20 million, he tacitly agreed to Uihlein鈥檚 alternative plan to give Proft the money in order to indirectly boost Bailey鈥檚 campaign.
Tenuto pointed out that Uihlein was free to change his mind about the deal, and that 鈥渞ather than proving coordination,鈥� Bailey鈥檚 refusal to fire his staff 鈥渃onfirmed the desire for the Candidate and Bailey for Illinois to maintain their independence from Proft and the PAC.鈥�
鈥淣evertheless, Bailey鈥檚 refusal to accept the conditions was the result, but more significantly, not the cause of the $20 million contribution going to the PAC,鈥� he wrote. 鈥淯ltimately, the recipient of the contribution was Uihlein鈥檚 decision. Bailey never had any 鈥榗ontrol鈥� over the ultimate recipient of the contribution.鈥�
The complaint also alleged that Bailey鈥檚 appearances on Proft鈥檚 radio show were tantamount to message coordination that were later used in ads paid for by the PAC. But Tenuto also dismissed that theory, pointing out that Bailey and Proft were simply amplifying a key GOP argument of the 2022 election cycle: crime.
鈥淭here was no need for Bailey to appear on Proft鈥檚 radio show to signal to the PAC the message he wanted to get out,鈥� Tenuto wrote. 鈥溾�楥rime is out of control鈥� was a common theme for Republican candidates.鈥�
And though Hardin pointed out that Proft鈥檚 pro-Bailey ads used B-roll footage created by the Bailey campaign and posted on its website and YouTube channel, Tenuto also didn鈥檛 buy that its public posting was a clear sign of coordination. He cited Proft鈥檚 testimony from the April hearing that he was 鈥渟olely...responsible鈥� for the PAC ads and 鈥渘ever had any conversation鈥� with Bailey鈥檚 campaign staff about the ads.
Bailey lost the general election to Gov. JB Pritzker by 12.5 percentage points, and earlier this year lost his primary challenge against Republican U.S. Rep. Mike Bost.
The Board of Elections is scheduled to make a final decision in the case at its June 18 meeting.
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