SPRINGFIELD, Ill. (WAND) — A suburban House Democrat has filed two bills to prohibit elected officials from displaying the American flag upside down on government property. Rep. Harry Benton (D-Plainfield) told WAND News Wednesday that there is no excuse to disrespect the nation's flag.

A Republican township supervisor in Will County was caught flying the American flag upside down at his government office after former president Donald Trump was found guilty of falsifying business records last month.

"This flag means a lot to me and I am very disheartened when somebody desecrates the flag, whether that's Republican or Democrat," Benton said. "I don't isolate that from political reasons."

Benton said elected officials should face consequences if they knowingly display the American flag incorrectly. Under his plan, elected leaders would be charged with a Class 4 felony if they are caught flying the flag upside down on government property.

American flag

"It's going to be very hard to get this one passed," Benton admitted. "As you know, in the state of Illinois, penalty enhancements are hard to get over the finish line. But I think this is something that, hopefully, we can get both sides of the aisle on."

A separate bill would institute a fine of up to $25,000 for any government official flying the flag upside down on public property. The current financial penalty for desecrating an American flag in Illinois is $1 to $15.

"That's how outdated it is," Benton said. "So, there's no real repercussions for elected officials to desecrate our nation's flag. For that matter, I always want to make sure that the American flag is the highest-most flying flag."

Benton said House Bills 5860 and 5861 would not impact someone's First Amendment right to display the American flag however they choose on private property.

The proposals could be discussed when lawmakers return to Springfield for veto session in the middle of November.

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