Madigan beats former primary rival again: Judge rules not enough evidence to prove ‘sham’ candidate ploy

After more than two years, the game appears to be over for Jason Gonzales in his quest to have a jury deliberate Illinois House Speaker Mike Madigan’s campaign tactics — and whether the powerful Democrat put “sham” candidates on the 2016 ballot.

U.S. District Judge Matthew F. Kennelly on Friday issued an opinion in favor of Madigan and the other defendants.

Kennelly granted Madigan’s request to dismiss the case, but the ruling was far from an endorsement of the veteran politician’s campaign tactics. The judge even wrote that a reasonable jury could conclude that the Southwest Side Democrat or his allies did engage in some of the questionable activities.

But the judge found that Gonzales lacked the evidence to prove it.

The other defendants in the case include Madigan’s political committees, former political aide Shaw Decremer, Ald. Silvana Tabares (23rd), Cicero political operative Ray Hanania and Gonzales’ opponents, Joe Barbosa and Graciela Rodriguez.

An unsuccessful 2016 Democratic primary challenger to Madigan, Gonzales had contended that Madigan planted fake candidates in the race to split the Hispanic vote in his Southwest Side district. Gonzales’ lawyers had worked hard to dissect Madigan’s political operations in the matter.

Madigan ultimately beat Gonzales 65.2% to 27.1%. Rodriguez received 5.8% and Barbosa 2%.

Kennelly similarly shot down Gonzales’ defenses in a 19-page opinion and order on Friday. In one instance, Kennelly highlighted that Gonzales’ claim that Madigan put up sham candidates was a central theme of the challenger’s campaign, meaning voters were aware of Madigan’s alleged tactics during the election.

“This publicity placed the alleged misconduct squarely within the political realm, enabling voters to rebuke Madigan by electing his challenger,” Kennelly wrote. “Instead, Madigan prevailed by a substantial margin.”

Kennelly also admitted that a jury would have been able to conclude that those closely tied to Madigan’s campaign manager — 13th Ward Ald. Marty Quinn — persuaded Barbosa and Rodriguez to enter the race.

“Madigan testified that he and Alderman Quinn worked together closely in daily conversations on problems and issues in the campaign. This evidence supports a reasonable inference that Madigan authorized or at least was aware of the recruitment effort,” the opinion states.

“To put it succinctly, a reasonable jury could find that Barbosa and Rodriguez’s purported candidacies for Madigan’s office were orchestrated by Madigan’s associates, working on Madigan’s behalf,” Kennelly said. “Thus the question is not whether Barbosa and Rodriguez appeared on the ballot as a result of the defendants’ efforts — a reasonable jury could so conclude, which is the limit of Court’s inquiry at this stage — but rather whether the evidence is legally sufficient to allow Gonzales to prevail.”

In essence, Kennelly wrote that Gonzales lacked enough specific facts to warrant a trial. In another instance, the order states that there is evidence “from which a reasonable jury” could find that the defendants “engaged in a deliberate effort to interfere with voters’ decision making.” But that Gonzales and his team lacked the facts to prove that.

Gonzales first filed the federal suit in August 2016. It was later dismissed with room for Gonzales to amend the complaint. And the amended complaint ultimately led to a request to subpoena a Who’s Who of political operatives and politicians, including former Gov. Bruce Rauner, Rauner’s former counsel Dennis Murashko, Illinois House Republican Leader Jim Durkin, Vice President Mike Pence’s chief of staff and former Rauner campaign adviser Nick Ayers, and millionaire investor Blair Hull, a Madigan foe who spent roughly $30 million of his own fortune on a failed 2004 Democratic U.S. Senate bid.

That list was later whittled down to just Hull. Cicero Town President Larry Dominick was also dragged into the suit.

Gonzales and his lawyers did not immediately return messages on Friday to say whether they planned to appeal Kennelly’s ruling.

Despite the loss, Gonzales and his team scored some major victories in their lengthy quest to get the case to go to a jury trial, including getting Madigan to sit for his first deposition ever last year.

Madigan answered many questions with versions of “I do not remember,” or “I do not recall,” which is common in depositions.

When asked about being elected chairman of the Democratic Party of Illinois, the speaker said he didn’t remember the exact date.

“I have information that it was in 1998, would that be about right?” Gonzales’ lawyer Tony Peraica asked.

“Right,” Madigan said.

“So about 20 years now?” Peraica asked.

Madigan replied, “Maybe more than 20 years. It’s one of those situations where you have so much fun you forget things.”