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COOK COUNTY RECORD

Saturday, April 27, 2024

Race for Cook County State's Attorney dead heat, new poll says

Campaigns & Elections
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Democrat Cook County State's Attorney candidates Eileen O'Neill Burke (L) and Clayton Harris, III (R) | Eileen O'Neill Burke for State's Attorney / Friends for Clayton Harris III

The race to replace Cook County's current controversial chief prosecutor is a statistical dead heat, according to the latest publicly released polling of the contest.

On Sunday, March 3, M3 Strategies released the results of a poll of the Democratic Party primary election contest between retired Illinois Appellate Court Justice Eileen O'Neill Burke and lawyer Clayton Harris III.

The poll shows Burke and Harris knotted at 21 percent apiece. 

The poll indicates as many as 58% of Cook County voters may be undecided in the race, with just two weeks to go before primary Election Day, Tuesday, March 19. Early voting in the contest is underway.

The race presents voters with a stark choice in crime-fighting philosophy between the two candidates.

On one side, Harris, a longtime Democratic Party operative and consultant, has won the endorsement of the Cook County Democratic Party, under the control of Cook County Board President Toni Preckwinkle.

While pledging to chart his own course if elected, Harris has also not shied away from saying that he will continue many of the controversial policies put in place by current Cook County State's Attorney Kim Foxx in the name of social justice and criminal justice reform.

Foxx was elected in 2016 with the backing of Preckwinkle and the progressive wing of the Democratic Party, as well as the backing from organizations affiliated with billionaire George Soros - organizations that have made no secret of their desire to install prosecutors in district attorney and state's attorney offices nationwide committed to the goal of emptying jails and allowing many accused criminals to walk on soft or no charges.

In Cook County, for instance, Foxx has instituted a host of policies and initiatives that have routinely placed her at odds with police and many in the public, including refusing to prosecute anyone who shoplifts less than $1,000 in merchandise from stores, and lax prosecution efforts against people accused of violent crimes, even those committed with guns.

These policy choices have, at best, coincided with a sharp increase in criminal activity in Chicago and many surrounding suburbs on Foxx's watch. Critics say the policy and legal changes backed by Foxx, Preckwinkle and their allies have directly fueled the surge in gang shootings, armed robberies, carjackings, shoplifting and looting of stores, and other crimes.

An analysis conducted by the Chicago Tribune in 2020 showed that Foxx had dropped charges against more than 25,000 people charged with felonies in her first three years in office alone, representing 30% of all those charged with felonies in that time. That analysis showed she dropped charges in 8% of cases involving people charged with murder or aggravated battery with a gun.

Foxx famously stated in 2021 that her office declined to prosecute five gang members involved in a shootout because they were "mutual combatants."

Harris has publicly praised Foxx, saying he would welcome her endorsement and assigning a grade of "A" to her work as state's attorney.

Preckwinkle has publicly stated that she is "expecting" Harris to continue Foxx's "good work" and policies.

Harris has also drawn support from the Chicago Teachers Union and others in the political coalition that promoted the candidacy of Chicago Mayor Brandon Johnson.

On the other side, O'Neill Burke said she retired from her judgeship after 33 years on the bench to attempt to restore order to the Cook County State's Attorney's Office and resume the office's work of enforcing the law.

O'Neill Burke has notably pledged to end Foxx's policies on retail theft, and return to abiding by the felony thresholds set by state law, prosecuting anyone charged with stealing at least $300 of merchandise.

O'Neill Burke has also pledged to aggressively prosecute criminals charged with crimes involving guns, particularly criminals using weapons enhanced by so-called "bump stocks," which can give semi-automatic weapons greater firing speed capabilities, akin to fully automatic weapons, as well as those using handguns equipped with extended ammunition magazines.

She has stated: "Nobody who commits a violent offense is going back into the community to reoffend."

To accomplish her goals, O'Neill Burke said she would focus first on rebuilding staffing levels at the Cook County State's Attorney's Office. She noted that, under Foxx, staffing levels have hollowed out, leaving the office short staffed and struggling to meet its prosecutorial obligations.

According to comments posted on the X social media platform, formerly known as Twitter, M3 Strategies said it believes the breakdown of undecided voters may favor Harris, unless turnout in the Democratic primary election is larger than expected.

Any registered voter in Cook County is able to request a Democratic primary ballot, regardless of their past primary voting declarations.

M3 also released polling data for other contested countywide races affecting the courts.

In the race for Democratic nomination for Clerk of the Cook County Circuit Court, M3 reported that Preckwinkle's choice for the office Mariyana Spyropoulos is leading incumbent Circuit Court Clerk Iris Martinez, 35%-22%, with 43% undecided.

If the undecideds are forced to choose, M3 indicated Spyropoulos' lead widened to 57% to 43%.

In the race for one of three Illinois Supreme Court seats reserved to Cook County - also known as the court's First District - M3 reported Joy V. Cunningham has a large lead over Jesse Reyes, 42% to 15%. When undecided voters are forced to choose, Cunningham wins 70% of the vote, according to M3's survey.

Cunningham currently serves on the state's high court, after she was appointed at the direction of former Ilinois Supreme Court Chief Justice Anne M. Burke, to fill out the remainder of Burke's term. Burke is the wife of former Ald. Ed Burke, who was convicted on extortion and public corruption charges and faces potentially significant time in prison.

Cunningham has been endorsed by Preckwinkle and the Cook County Democratic Party.

Reyes is an Illinois appellate court justice, who is seeking to become the first Latino justice on the Illinois Supreme Court.

Cunningham is one of three black justices currently serving among the court's seven justices, and is one five women serving on the court.

In any Cook County countywide election, it is presumed that the winner of the Democratic primary election will ultimately win election, given the overwhelming majority enjoyed by Democrats in Chicago and many Cook County suburbs.

M3 reported that it surveyed 538 likely voters in Cook County from Feb. 29-March 1. Respondents were contacted by text messages, which directed them to an online survey form. The poll carried a margin of error of 4.22% at 95% confidence, M3 reported.

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