Illinois attorney general investigation of DuPage County clerk a concern for county's Democratic growth

Chicago Tribune

11-07-2025

When activist Jean Kaczmarek was elected DuPage County clerk seven years ago, she became the first Democrat elected to countywide office in 84 years and her subsequent work as clerk to make voting easier and more available was lauded by the party faithful.
But the appointment of Illinois Attorney General Kwame Raoul's office as special prosecutor to investigate Kaczmarek's office over allegations of official misconduct has prompted concern among Democrats that the gains they have made in wresting significant control of the once strongly Republican suburban county could be at risk.
Kaczmarek, hailed in 2022 by the Democratic Women of DuPage County with its leadership award, is already facing a primary challenge as she seeks a third term next year. And her previous budgetary actions helped lead to a change in state purchasing law for most Illinois counties — a law that is now at the center of the Raoul investigation.
DuPage County Circuit Judge Bonnie Wheaton's order on Monday appointing Raoul's office as special prosecutor is rooted in more than two years of internecine battles between the Democratic clerk and the Democratic-led DuPage County Board involving the often labyrinthine world of budgetary control and power in county governance.
Even before the special prosecutor appointment, each side had filed civil suits against the other over such issues as Kaczmarek's ability to make budgetary transfers from one account to another without informing the county's chief financial officer from where the money was coming — as other county agencies and offices are required to do.
In defending the moves, Kaczmarek is leaning on an April 2023 advisory opinion from Raoul that says a county board's budgetary authority over county officers using 'internal control provisions' is limited to appropriating lump sum amounts for equipment, materials and services.
'The attorney general's office has been crystal-clear for decades on this issue and it's time DuPage County started following the law,' Kaczmarek said in a statement a day after the special prosecutor appointment. 'The job of the County Board is to fund the office, not to micromanage operations.'
But DuPage County State's Attorney Robert Berlin, one of only three GOP countywide officeholders and the legal counsel for both the board and the clerk's office, said that under state law the clerk's transfers 'must be accomplished in such a manner for the County Finance Department to track' them.
'You were cautioned that expenditures in excess of an appropriation are prohibited, and a violation may result in prosecution of a Class B misdemeanor,' Berlin wrote to Kaczmarek's chief deputy clerk, Adam Johnson, in a May 2023 email. 'Further, a violation of any of these laws may constitute official misconduct by the public officer and/or the employee. Penalties may include forfeiture of the office or position, in the case of an employee, and is also a Class 3 felony.'
The Democratic-led county board has sided with Berlin amid concerns over Kaczmarek's power, contending that there is a lack of transparency and a failure to follow traditional bidding rules. It led Deb Conroy, the county board's chair since 2022 and a former Democratic legislator, to travel to Springfield last year to persuade her former legislative colleagues to change state purchasing law to specifically put controls on the actions of elected county officials like Kaczmarek.
'The DuPage County Board and I work diligently to ensure our offices are fiscally responsible and that they comply with procurement laws and Generally Accepted Accounting Principles,' Conroy said in a statement.
'For years, we have expended significant time and energy to persuade the clerk's office to comply with these procedures. I went to Springfield in 2024 to clarify the law, ensuring the statute specifically outlined bidding guidelines for elected officials.'
The new law, which took effect Jan. 1, requires elected county officials outside of Cook County to bid out 'services, materials, equipment or supplies in excess of $30,000.'
Nine days after the law took effect, however, Kaczmarek signed a contract with Prager Moving & Storage Co. to transport early voting booths for this year's spring municipal elections, Berlin wrote in requesting a special prosecutor. The firm billed the clerk for $113,710, above the $30,000 bidding threshold, but the clerk's office has refused to give the county auditor any documentation to prove the contract was bid in order for the payment to be made, Berlin wrote.
'The County Auditor's office is not a court to which the County Clerk submits evidence in order to obtain the Auditor's subjective approval of her internal operational decisions,' Johnson, the chief deputy clerk, responded to the auditor's request for bidding documentation, according to Berlin's court filing.
In another instance in April, the county auditor's office received a $115,997 bill from Governmental Business Systems for election supply kits, such as ballots, supplied to the clerk's office. The auditor requested more information from the clerk about the invoice, but the clerk has not provided any, and the auditor won't process the bill for payment.
'The clerk's failure to comply with the competitive bidding law may constitute official misconduct,' Berlin told the DuPage court, saying the county board knows the county could be sued for nonpayment of the invoices — something that prompted the board to request 'an investigation into possible misconduct.'
Because Berlin legally represents both the clerk and the county board, he has a conflict of interest and requested Raoul's office step in as an independent special prosecutor. Wheaton granted the request and Raoul's office has agreed to the role.
In a statement after the special prosecutor appointment, Kaczmarek said she would 'welcome the involvement of' Raoul's office but said the action was 'simply another example of the lengths to which Bob Berlin will go to avoid admitting being wrong about the law.'
Berlin, in response, issued a statement saying, 'In my thirty-seven plus years in public service, my ethics have never been called into question. I have no vendetta against anyone. All I am trying to accomplish is to ensure that everyone follows the law.'
The new state law contains one exception for bypassing competitive bidding — professional services. Those are generally defined as professions in which a government-issued license is needed for the work to be performed, such as lawyers, accountants, physicians or architects.
In an interview with the Tribune, Johnson, Kaczmarek's chief deputy clerk, contended the contracts awarded for moving and supplying polling equipment and ballot materials were 'professional services' that exempted the clerk from having to bid out the work.
'The act of moving 250 pieces of sensitive equipment throughout the county to polling places that by law have to be open at 6 a.m. the next day — yes, we do believe that that requires the professional expertise of our vendor,' Johnson said of the moving and supply contract.
He said the same held true for the ballot kits, citing the March 2018 primary night fiasco of misshapen ballots that hampered vote counting — an issue that effectively ended the DuPage County Election Commission and merged its duties into the clerk's office.
'If people go back and look at the issues that the election commission had with improperly produced (ballot) cards that caused the election night catastrophe, my feeling is, if you can ruin the entire election by doing your job wrong, that sounds like a professional risk to me,' Johnson said.
Beyond the immediacy of the investigation by Raoul's office is the potential fallout for Democrats if the probe concludes that prosecution of a criminal nature or official misconduct is warranted.
Once considered a Republican firewall against Democratic votes out of Cook County, DuPage County since Kaczmarek's 2018 election has seen Democrats now hold six of the nine countywide elected offices and 12 of the 18 county board seats, with the countywide-elected chair, Conroy, also being a Democrat.
Democrats privately fear that a prosecution of the clerk could halt their advances, with many wondering why the clerk and county board couldn't simply work out their differences.
Now, Kaczmarek, who in May announced her 2026 bid for reelection as clerk, faces an announced Democratic challenger, county board member Paula Deacon García of Lisle, who Conroy is backing.
What's more, there are also Democratic concerns that a highly visible prosecution could give Republicans an opportunity to regain the office. Such a development could potentially curb the expansion of voting opportunities created under Kaczmarek, such as increasing early voting sites and allowing people to vote at any polling place in the county on Election Day.
'It's disappointing that an investigation is needed,' Conroy said in her statement. 'However, I'm grateful the attorney general's office will investigate, provide information and determine the appropriate next steps.'