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Committee hears clerk’s office arrears and NoLink payment delay; state's attorney flags potential misdemeanor for budget overspend
Summary
Chair Garcia told the committee the clerk’s office has about $91,072 in unpaid 2025 bills and that payment to NoLink (poll‑book software vendor) is significantly late and past Prompt Payment Act deadlines. A state's‑attorney representative said spending over budget can be charged as a Class B misdemeanor; finance staff reported related legal fees of about $279,877.
During chair remarks at the Jan. 13 DuPage County Finance Committee meeting, Chair Garcia updated members that the clerk’s office has outstanding bills of roughly $91,072 for fiscal 2025 and that NoLink — the vendor that operates poll books for elections — has been slow to receive payment and apparently overdue under the Prompt Payment Act.
Chair Garcia said the deputy clerk will appear before the committee to request appropriation to address the arrears. Member Amber Lassi asked what options the county has if an office ends the year with a negative balance; Chair Garcia said the county cannot legally pay bills without appropriation and that the clerk’s office must come to the board to request corrective transfers.
A representative identifying themselves as from the state's attorney’s office asked whether an executive officer spending over budget could be a criminal violation. The state's attorney responded: “It’s a class b misdemeanor,” noting that overspending beyond appropriation can carry criminal penalties under state law if statutory elements are met.
Finance staff supplied a current figure for legal expenses related to the matter: "$279,877, I believe," Jeff said when asked about the cumulative legal costs incurred to date.
What the committee said next: members asked for more detail and for the clerk’s office to provide explanations when it comes to request additional appropriations. Chair Garcia said she has been following up with the clerk’s office regarding contracts tied to election administration and will report back when paperwork and explanations are received.
What this does and does not show: the committee heard the possibility of criminal liability as a legal principle from the state's attorney’s office; no criminal charge was announced at the meeting and no formal legal determination was made. The committee requested that staff and the clerk’s office provide documentation and, if appropriate, a plan to address outstanding bills.
Next steps: the clerk’s deputy is expected to return to the committee to make a formal appropriation request and to provide supporting documentation; the committee asked staff to include legal‑expense and contract status detail in the follow‑up.
Direct quotes in context: “As of right now, they are about $91,072 still in arrears for the 2025 year,” Chair Garcia said. On legal exposure, the state's attorney said, “A class b misdemeanor can be charged.” Finance staff later gave the legal cost estimate: “$279,877, I believe.”
