“Bring Chicago Home” coalition files court briefs in bid to reinstate referendum

With the fate of the so-called “Bring Chicago Home” campaign in court limbo, steadfast supporters filed amicus briefs and rallied Friday in a bid to reinstate the ballot referendum to raise real estate transfer tax revenue to fight homelessness.

The campaign’s supporters filed two amicus briefs to back an appeal that came after Cook County Circuit Judge Kathleen Burke invalidated the referendum question in a decision shared last Friday. Attorney Ed Mullen, who represents a coalition supporting the referendum, said he expects the panel of state Appellate Court judges hearing the appeal to issue a decision on it next week.

The referendum seeks to raise an estimated $100 million in new revenue by hiking real estate transfer taxes on property values over $1 million. It is paired with a cut in the transfer taxes for properties under $1 million — a combination that led opponents to sue, claiming the ballot question illegally tacked on a more popular secondary proposal to get its less popular parts to pass.

Under Burke’s decision, voters will see the referendum on their March 19 election ballot and be able to cast a vote on it, but those votes will not be counted. The city and Chicago Board of Elections appealed the decision this week.

Amid the uncertainty, the referendum’s backers continue to aggressively campaign.

The invalidation decision has galvanized supporters and brought more attention to the referendum, said Ald. Maria Hadden, 49th. Volunteers set a campaign canvassing record last weekend and have reached out to 800,000 people by phone, text and visits, a coalition spokesperson said.

“We haven’t stopped knocking doors. We haven’t stopped making phone calls. We haven’t stopped bringing in folks from the outside to say yes, we will Bring Chicago Home,” said Crystal Gardner, deputy political director for the Service Employees International Union Local 73, during a rally outside the appellate court Friday.

The supporters touted amicus briefs from the “Bring Chicago Home” coalition and Legal Action Chicago signed by aldermen and dozens of labor, community and faith groups. The briefs rehashed the city’s need for major investment in homelessness services and pushed back against the so-far successful lawsuit filed by real estate interests and other corporate leaders.

“They know that if the votes are counted, they will lose. They’re trying everything they can to undermine the democratic process,” Hadden said.

Mullen sounded confident in the appeal’s prospects, rattling off the many grounds on which Bring Chicago Home’s attorneys believe they will overturn the decision. He argued the referendum’s three separate questions on tax cuts and raises don’t amount to an unfair “log-rolling” pairing, but reflect Chicago’s desire for a progressive tax structure where wealthier people pay more.

It’s possible another appeal takes the case to the Illinois Supreme Court or a judge decides to move the referendum item to the November ballot, he added.

Between chants of “count every vote,” the around three dozen Bring Chicago Home supporters called on the city’s businesses to support the measure.

“For far too long, we have allowed big real estate elites to control our rights, our voices and our votes. It ends this year,” Gardner said.

Chicago Treasurer Melissa Conyears-Ervin, also on the primary ballot in a heated race against 27-year incumbent Danny Davis for the 7th Congressional District seat, said the referendum “just makes sense” while echoing the coalition’s get-out-the-vote lines.

“Continue to vote,” she said. “Do not listen to the hype. Don’t be fooled. Continue to vote.”

jsheridan@chicagotribune.com