Could an Illinois judicial candidate or family member sign checks to pay campaign expenses?

Plain-English summary

An attorney running for judicial office used a campaign committee to raise funds and wanted the attorney or a family member to sign checks paying expenses.

The Committee said former Rule 67B(2) barred the candidate from soliciting or accepting campaign contributions, but did not bar the candidate or family member from signing expenditure checks.

The candidate retained responsibility for how campaign funds were spent. The rule’s authorization for a committee to manage expenditures did not remove the candidate’s ability to oversee or sign spending checks.

Currency note

This opinion was issued in 1997 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code. Treat this page as historical context and verify the current Code before relying on its analysis.

Common questions

Q: Could the candidate sign campaign expense checks?

A: Yes. The Committee found no Code prohibition on that signature authority.

Q: Could a family member have the same authority?

A: Yes. The Committee gave the same answer for a family member.

Q: Did this permit the candidate to solicit contributions?

A: No. Former Rule 67B(2) separately prohibited solicitation or acceptance by the candidate.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 67B(2), distinguishing management and payment of campaign expenditures from solicitation and acceptance of contributions.

Citations and references

• Illinois Supreme Court Rule 67B(2).

See also

• IL Judicial Ethics Op. 1996-20: Campaign chair recusal

Source

• Landing page: Illinois Judicial Ethics Committee Opinion 96-1