Keywords: Illinois, Pat Quinn, Blagojevich,
executive order, campaign contributions, state contracts,
Procurement Code, campaign contributions
Illinois Governor Pat Quinn rescinded controversial Executive
Order No. 3 (2008), issued by former Governor Rod R.
Blagojevich. This relieves entities that conduct business
with the State of Illinois from the ambiguous and broad campaign
contribution restrictions of the Executive Order that went into
effect on January 1, 2009.
Executive Order No. 3 became effective concurrent with the
enactment of Illinois P.A. 95-971 (the "Ethics
Act"). The Ethics Act and the Executive Order each
imposed regulations on the political contributions of certain state
contractors, entities that bid on state contracts, and certain of
their corporate affiliates, owners, and officers. However,
Executive Order No. 3 applied to all state contracts for goods or
services, while the Ethics Act applied only to state contracts
entered into pursuant to the Procurement Code. Additionally,
Executive Order No. 3 imposed prohibitions on contributions to a
broader range of state executive and legislative officials,
candidates, and state political parties, while the Ethics Act
imposed prohibitions on contributions only to certain state
executive officeholders and candidates for such offices.
On April 3, 2009, Governor Quinn issued Executive Order No. 9 (2009), which rescinds
Executive Order No. 3. He recognized that "there has
been uncertainty and confusion regarding the scope of Executive
Order [No.] 3 and its relationship to [the Ethics
Business entities should continue to monitor carefully their
political activity in Illinois. Entities doing business, or
seeking to do business, in Illinois may be subject to the
requirements of the Ethics Act, which were also described in the
January Client Updates, and which remain in effect.
Furthermore, business entities that entered into procurements with
the State of Illinois since January 1, 2009, may continue to be
subject to contractual requirements based on Executive Order No. 3
and should review their contracts carefully to assess the on-going
applicability of those requirements. Finally, additional
campaign contribution limitations may be enacted in Illinois in the
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