Buettell v. Walker
| Decision Date | 18 November 1974 |
| Docket Number | No. 46230,46230 |
| Citation | 319 N.E.2d 502,59 Ill.2d 146 |
| Parties | Amos E. BUETTELL et al., Appellees, v. Daniel A. WALKER, Governor, et al., Appellants. |
| Court | Illinois Supreme Court |
William J. Scott, Atty. Gen., Chicago , for appellants.
Kirkland & Ellis, Chicago (Don H. Reuben, Thomas F. Dean, Thomas F. Ging and John W. Conniff, Chicago, of counsel), for appellees.
On September 11, 1973, Amos E. Buettell, Crown Industrial Products, and the Illinois State Chamber of Commerce brought this action in the circuit court of Cook County to restrain the defendants, Daniel A. Walker, Governor of the State of Illinois, and Elliot S. Epstein, Director of the Department of Finance, from enforcing Executive Order No. 5, which had been issued by the Governor on August 20, 1973. An amended complaint added Lester W. Brann, Jr., as a plaintiff. It alleged that Crown Industrial Products is an Illinois corporation engaged in the business of manufacturing and selling industrial products to the public and to various agencies of the State of Illinois; that Buettell is a citizen, resident, and taxpayer of Illinois, and the president and a director of Crown; that Brann is the president of, and a registered lobbyist for, the Illinois State Chamber of Commerce, which represents some 6,000 firms and 19,000 members located in Illinois and has itself done business with the State.
The circuit court issued a preliminary injunction from which an interlocutory appeal was taken. That appeal has been brought to this court under Rule 302(b), Ill.Rev.Stat.1973, ch. 110A, § 302(b), 50 Ill.2d R. 302.
Executive Order No. 5, 'Disclosure of Political Contributions,' is as follows:
'For too long the relationship between political contributions and state business has been shrouded in secrecy. The public is entitled to the assurance that the state's decisions to buy or build are made on the proper basis of price, service and quality; that decisions in regard to regulated businesses are based on the public interest
Suppliers to the state and businesses regulated by the state, together with their key officials, should not be precluded from participating in the political process through any proper means, including political contributions where the law so permits. But, it is time to make this financial participation a matter of public record. The certainty of public exposure will deter the making of contributions for improper purposes and assure people that government decisions are not made on the basis of political favoritism.
In today's climate, extraordinary steps are required to restore public confidence in government. It is appropriate that the powers of the Executive be used to the fullest extent possible to achieve this goal.
Accordingly, I hereby order:
1. For purposes of this Order:
A. 'State Agency' means any executive department, commission, board, or agency whose vouchers are subject to approval by the Department of Finance; any board, commission, agency or authority which has a majority of its members appointed by the Governor; and the Governor's Office.
B. 'Purchase Transaction' means a purchase, or a contract to purchase, goods or services of any kind by a State agency.
C. 'Supplier' means any individual, firm, corporation, association, partnership, joint venture, sole proprietor or other business entity which is prequalified to enter, or which enters into, a 'purchase transaction' with a State agency.
D. 'Regulated Business' means any individual, firm, corporation, association partnership, joint venture, sole proprietor or other business entity regulated or licensed, or applying to be regulated or licensed, by the Department of Insurance, the Department of Financial Institutions, the Department of Mines and Minerals (excepting individuals or business entities regulated only under Chapter 93, Sections 143--156 () and Chapter 104, Section 63.1 ()), the Commissioner of Banks and Trust Companies, the Commissioner of Savings and Loan Associations, the Illinois Liquor Control Commission, the Illinois Racing Board or the Illinois Commerce Commission.
E. 'Key Person' means (i) any officer, director, partner, proprietor, managing agent or owner (legal or beneficial) of more than 7 1/2 percent of any supplier or regulated business, (ii) any lobbyist representing such supplier or regulated business who is required to register under the Lobbyist Registration Act; and (iii) any other person or entity acting at the direction of any person referred to in sub-paragraphs 1(E)(i)--(ii).
F. 'Political Contribution' means any gifts of money, stocks, bonds, goods, property, commercial services or anything else of value to, or on behalf of:
i) any candidate for State public office;
ii) any elected official holding State public office;
iii) any organization, committee, fund, party or other entity giving money, stocks, bonds, goods, property, commercial services or anything of value to, or on behalf of, any candidate for State public office.
G. 'State Public Office' means all the legislative and executive offices established under Articles IV and V of the Illinois Constitution.
2. Each individual or business entity which is or becomes a supplier or regulated business prior to September 15, 1973, shall, on or before September 15, 1973, file with the Department of Finance a Statement of Political Contributions and thereafter shall file such Statement as required by rules issued by the Department of Finance pursuant to this Order, but no less often than semi-annually. Each individual or business entity which becomes a supplier or regulated business on or after September 15, 1973, shall file a Statement of Political Contributions at, or immediately prior to, the time such individual or business entity becomes a supplier or regulated business and thereafter shall file such Statement as required by rules issued by the Department of Finance pursuant to this Order, but no less often than semi-annually. No supplier shall be eligible to enter into a purchase transaction unless such Statement has been filed in accord with this Order and the rules issued by the Department of Finance pursuant hereto.
3. The Statement of Political Contributions shall be under oath and shall include the date, amount, donor, donee, and nature of every political contribution, and the date, amount, lender, borrower, terms and extent of repayment of any loan (other than one made by a lending institution) to any individual or entity referred to in subparagraphs 1(F)(i)--(iii) of this Order made within the 24-month period prior to the date of filing of the Statement (i) by the supplier or regulated business directly or through any trade or industry association and (ii) by any key person of that supplier or regulated business; provided, however, that any Statement required to be filed on or before September 15, 1973, shall set forth the required information for the 24-month period prior to the effective date of this Order and for the period from the date of this Order through the date of filing.
4. The Department of Finance shall, from time to time, as may be necessary and appropriate, issue rules to implement and enforce this Order.
5. Each Statement of Political Contributions filed under this Order shall be open to reasonable public inspection in accord with rules issued by the Department of Finance pursuant hereto as to the time, place and manner of inspection.
6. This Order is effective upon filing with the Secretary of State and shall remain in full force and effect unless amended or revoked by Executive action.'
Before we consider the attack upon the validity of the executive order, we must consider the standing of the plaintiffs to...
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