1998-15: The ability of a judicial candidate to continue to serve on a major party's county central committee as well as membership on the board of directors of a political action committee.

Opinion 98-15

September 9, 1998

TOPIC: The ability of a judicial candidate to continue to serve on a major party's county central committee as well as membership on the board of directors of a political action committee.

DIGEST: A judicial candidate may not retain membership either in a political party's central committee or on a board of directors of a non-profit organization which, among other things, functions as a political action committee registered with and regulated by the Federal Election Commission and the Illinois State Board of Elections.

REFERENCES: Illinois Supreme Court Rules 67A(1)(a) and 67B.

FACTS

A judicial candidate was popularly elected and currently serves as a member of a county central committee of a major political party. In addition, the candidate serves as a member of the board of directors of a non-profit organization which in addition to conducting research and public education on matters of public policy, also functions as a multi-candidate Federal and State political action committee and accordingly is registered with and regulated by the Federal Election Commission and the Illinois State Board of Elections. In such capacity the candidate does not solicit funds for, or pay an assessment to, a political organization or candidate but does undertake all of the activities which involve public endorsement or public opposition to other candidates in public elections in which the candidate is now running.

QUESTION

May a judicial candidate to continue to serve on a major party's county central committee as well as membership on the board of directors of a political action committee?

OPINION

An individual who is a member of a major party's central committee is holding an office in a political organization. Supreme Court Rule 67A(1)(a) specifically prohibits all judges or candidates for judicial office from holding such a position. Although there are exceptions in Supreme Court Rule 67B, none are applicable to the referenced situation.

In addition, in that a political action committee is a political organization by definition and Supreme Court Rule 67A(1)(a) prohibits judicial officers from holding "...an office in a political organization..." such a membership is also violative of the Rule.