Subject: RE: replacement for statement of economic interests
Date:   Tue, 19 Apr 2005 15:25:46 -0500
Message-ID: <96DF6DA6D4E9A946B7D02E762CED515801016C9D@exc01.ilsos.net>
From:   "Maddox, Nathan" <NMaddox@ILSOS.NET>
To:     "D. J. Bernstein" <djb@math.uic.edu>
Cc:     "Paine, Renee" <Rpaine@ILSOS.NET>

I am afraid I have failed to make clear the role of the Secretary of State's
office in this matter.  With regard to this issue, our function is purely
clerical.  We are required by law to notify all persons whose names have been
certified to us of their obligation to file a statement.  5 ILCS 420/4A-106.
And we are required by law to impose penalties for late filings.  5 ILCS
420/4A-106.  We have no discretionary authority under these statutes and (much
as we would like to from time to time) we are not permitted to make up laws.
The discretionary authority on this issue is vested with the agency--in your
case the U. of I.  If you want to sue us for refusing to accept your letter in
lieu of your economic interests statement, you are free to do so.  But the
ruling will be that we had no authority to accept the letter.  Your problem
will have to be resolved, whether by negotiation or litigation, with the
university.  I am sorry we could not be of more assistance.

Nathan Maddox