Memo to Quinn: Not Signing The Checks is an Impeachable Offense

Zorn is calling out the Quinn campaign for it’s attack on Hynes for signing the checks as Comptroller.

Before trying to tag Dan Hynes with not watching the budget closely enough, we might check the Illinois Constitution:

SECTION 17. COMPTROLLER – DUTIES The Comptroller, in accordance with law, shall maintain the State’s central fiscal accounts, and order payments into and out of the funds held by the Treasurer. (Source: Illinois Constitution.)

SECTION 18. TREASURER – DUTIES The Treasurer, in accordance with law, shall be responsible for the safekeeping and investment of monies and securities deposited with him, and for their disbursement upon order of the Comptroller. (Source: Illinois Constitution.)

Now, under Illinois law there are certain circumstances in which the Comptroller can avoid writing the checks.  Those are mostly related to non-performance for suppliers/contractors, there is no money, or cases where there is a dispute as to the conditions of disbursement.  Mostly though, the this is a shall do responsibility meaning it isn’t discretionary for the Comptroller to write checks when the legislature has appropriated funds.  As an executive branh Constitutional Officer the Comptroller is not allowed to make law or appropriate funds.  He may, in specific cases not issue funds, but he does not even have the power of rescission that the Governor has limited authority to use.   If Dan Hynes didn’t sign the checks across the board, he would be committing an impeachable offense.

In fact, as Zorn notes, when Hynes didn’t sign off on some disbursements the Govenor’s campaign attacked him. Given Hynes didn’t hold out  very long he was almost assuredly within his duties, but if he had refused to write checks for appropriated funds after a time, that would be impeachable. Quinn’s team, even though they won’t admit it, have just landed themselves squarely on both sides of this argument.