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Timing Is Everything: Wisconsin Democrats Fret Over Strategy For Walker Recall

Timing is everything.

With the legislative recall campaigns designed to dispose of enough GOP senators to return the upper body of the Wisconsin legislature to Democratic control well underway, attention is now turning toward the future of Wisconsin Governor Scott Walker.

Certainly, should the senate recall efforts turn out well for the Democrats, the excitement will be there to continue the process and take a shot at sending Scott Walker back home to Milwaukee.

The question is when to begin that effort.

Wisconsin law requires that once a petition drive to recall an elected official begins, those engaged in the effort have just 60 days to collect enough signatures to equal 25% of the total number of votes cast in the prior gubernatorial election.

That is a tall order- which is why many Wisconsin Democrats believe that they should get the Walker recall petitioning campaign going just as soon as the senate elections are wrapped up and while passions remain high.

In a normal situation, I think these folks would be right.

The problem is that any electoral strategy of this nature must rely on the election laws of the state when contemplating moves that work to the favor of one political party or the other. Unfortunately, the application of the law in Wisconsin – thanks to one of the most bizarre State Supreme Courts one can imagine – is anything but reliable.

Because of this unusual state of legal affairs, as we will see in a moment, getting the petition drive going sooner rather than later could result in a very unfortunate ending for those who would like to see Governor Walker go away.

First, an explanation of how things are supposed to work in the state.

Under Wisconsin election rules, once the recall petitions are turned in, election officials have 31 days to issue a “certificate of sufficiency” or “certificate of insufficiency”. Assuming the petitions are deemed sufficient, the Wisconsin Constitution requires that an election be scheduled on the first Tuesday six weeks following the certification of the election.

While the law appears completely clear that the only exception to the six week period would be where the party attempting the recall requires a primary to determine who their candidate will be- in which case the primary would be held six weeks after certification with the actual recall election to take place four weeks after completion of the primary- Wisconsin, as noted, does not appear to always operate to the letter of the law.

Thus, the Democratic concern is that were their recall petitions to be delivered for certification by the end of this year, or early in 2012, the GOP would work to move the statutory date when the recall election should take place to the date of the statewide election already scheduled for just a few weeks later.

That election happens to be the Republican presidential primary which is scheduled for the first week in April.

Obviously, if you’re looking to turn out Republican voters to support Governor Walker, the day of the Republican presidential primary would be about as good as it gets.

How, you might ask, could the GOP succeed in delaying an election that should take place no later than, say, the middle of February (assuming the petitions are in by the end of this year), until April?

Assuming that the Wisconsin Government Accountability Board, a non- partisan organization that oversees Wisconsin elections, would set the date for a statewide recall election according to the Constitutional requirements, the Republicans would likely engage in any number of challenges for the purpose of delay, including a court action(s) based on the argument that it is not in the best interest of the state to hold an election in February when one is already scheduled for the first week of April. After all, having to pay for two statewide elections when both could be held within a few weeks of the statutory date seems an unnecessary waste of state monies that are in short supply.

Never mind that the early April election just happens to be the GOP presidential primary.

Where would such a court action eventually be decided?

In the Wisconsin Supreme Court – the astoundingly politicized body where the friends of Scott Walker maintain a narrow majority thanks, in no small part, to the now infamous Justice David Prosser.

Maybe the Court would follow the law – maybe they would not.

Thus, were the Democrats to proceed with the recall effort shortly after the conclusion of the senate recalls next month, they may well be placing the future of Scott Walker in the hands of the Wisconsin Supreme Court – the last place they would like the matter to be decided.

The other option would be to wait until after the GOP presidential primary and try to time the recall election to take place on November 6, 2012, the day of the national elections. The strategy would be to pick that day based on the expectation that many Wisconsin Democrats will turn up to cast their vote for President Obama.

Of course, it would be impossible to pull this off given the state GOP’s willingness to get involved with dirty tricks. Were the Democrats to time things contemplating no primary election to pick the Democratic candidate, we can count on the GOP to run a ‘fake’ Democrat, as they did in numerous senatorial recall elections, to force a primary to throw off the timing. Were the Democrats to anticipate a fake primary, and time the recall election for 10 weeks following certification rather than six, the GOP would, no doubt, stay away from such a primary, resulting in the recall election happening a month before the November general elections.

Clearly, the Wisconsin Democratic Party finds itself in a very tricky position and one created by the uncertainty that comes when the state’s top judicial body cannot be counted upon to simply follow the law as written.

And therein lies the moral to the story. When we can no longer trust our judiciary to rule with fairness and according to law, democracy suffers.

While I may hold a few opinions, I really don’t know when the Wisconsin Democrats should seek to hold the recall election.

What I do know is that the Section 12 of the Wisconsin Constitution, drafted in 1926 and amended in 1981, is explicit and completely clear on the subject of how recall elections are to be handled and that no provision is made to alter the prescribed date of a recall election taking into consideration any factors other than those set forth in the state Constitution.

For Wisconsin Republicans -and supporters of Governor Walker- who would seek the political benefits of holding the election to recall Scott Walker on the day of the Republican primary rather than the day prescribed by their Constitution, I hope these people will bear in mind the deeply troubling hypocrisy of holding themselves out as ardent supporters of the Constitution only to turn their back on their own founding document when it is politically expedient to do so.

Personally, I hope the Wisconsin Democrats proceed immediately with the effort to recall Governor Walker.

If the state’s highest court -and those who believe that the Constitution trumps all- are prepared to throw their own Constitution overboard to save their governor, let them pay the price of such lawlessness that will surely come due for them.

If a Constitutional crisis is what it will take for Wisconsin citizens to understand what is happening to their state, I would also encourage Wisconsin Democrats to bet on their Constitution and see if your opposition is willing to pay the price for the sake of political expediency.

Let’s find out if Wisconsin Republicans love Scott Walker more than they love and respect their own Constitution. Let’s find out if they are willing to completely disregard the state’s moral and legal center all for the purpose of rigging an election to give the Governor the best possible chance of succeeding.

If Wisconsin Republicans wish to support their governor by coming out on whatever the legal election date works out to be, that is a valid exercise of their rights as Wisconsin citizens. But they should be willing to do it in accordance with the law of the State.

 

By: Rick Ungar, The Policy Page, Forbes, July 20, 2011

July 21, 2011 Posted by | Class Warfare, Collective Bargaining, Conservatives, Democracy, Elections, GOP, Gov Scott Walker, Governors, Ideologues, Ideology, Middle Class, Politics, Republicans, Right Wing, State Legislatures, States, Union Busting, Unions, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , , , , , , | Leave a comment

The New Party Of Reagan: The Gipper Is Winning One For The Democrats

After he switched to the Republican Party in 1962, Ronald Reagan famously quipped: “I didn’t leave the Democratic Party. The party left me.”

Now, the Republican Party is doing the same thing to him — and Democrats are happy to take Reagan back.

At Tuesday morning’s meeting of the House Democrats, caucus chairman John Larson rallied his colleagues for the day’s debt-limit debate by playing an audio recording of the 40th president.

“Congress consistently brings the government to the edge of default before facing its responsibility,” Reagan says in the clip. “This brinkmanship threatens the holders of government bonds and those who rely on Social Security and veterans benefits. Interest rates would skyrocket, instability would occur in financial markets, and the federal deficit would soar. The United States has a special responsibility to itself and the world to meet its obligations.”

“Kind of sums things up,” Larson said, playing the same clip again at a news conference.

Nobody knows what Reagan, who died in 2004, would make of the current fight over the debt limit. But 100 years after Reagan’s birth, it’s clear that the Tea Party Republicans have little regard for the policies of the president they claim to venerate.

Tea Party Republicans call a vote to raise the debt ceiling a threat to their very existence; Reagan presided over 18 increases in the debt ceiling during his presidency.

Tea Party Republicans say they would sooner default on the national debt than raise taxes; Reagan agreed to raise taxes 11 times.

Tea Party Republicans, in “cut, cap and balance” legislation on the House floor Tuesday, voted to cut government spending permanently to 18 percent of gross domestic product; under Reagan, spending was as high as 23.5 percent and never below 21.3 percent of GDP.

That same legislation would take federal spending down to a level last seen in 1966, before Medicare was fully up and running; Reagan in 1988 signed a major expansion of Medicare.

Under the Tea Party Republicans’ spending cap, Reagan’s military buildup, often credited with winning the Cold War, would have been impossible.

No wonder Democrats on Tuesday were claiming the Republican icon as one of their own. After the caucus meeting with the Reagan clip, Rep. Mike Quigley (D-Ill.) began the day’s debate by reading from a 1983 Reagan letter to Congress warning that “the full consequences of a default — or even the serious prospect of default — by the United States are impossible to predict and awesome to contemplate.”

“In the year of his 100th birthday, the Great Communicator might be amazed at how far his own image has shifted from the original,” Quigley charged. “He’d see his most dedicated followers using his name as justification for saying no to honoring our debts. He’d see his legacy used to play chicken with the world’s greatest economic engine.”

Republicans have continued their ritual praise of Reagan during the debt-limit fight. Rep. Trent Franks (Ariz.) claimed that the budget caps would allow America to be “that great city on a hill that Ronald Reagan spoke of.” Marsha Blackburn (Tenn.) invoked Reagan’s belief that “the closest thing to eternal life on Earth is a federal government program.”Kevin Brady (Tex.) cited Reagan’s line that “the nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.’ ” Both Steve King (Iowa) and Bobby Schilling (Ill.) informed the body that they had granddaughters named Reagan.

But while Reagan nostalgia endures, a number of Republicans have begun to admit the obvious: The Gipper would no longer be welcome on the GOP team. Most recently, Rep. Duncan Hunter Jr. (Calif.) called Reagan a “moderate former liberal . . . who would never be elected today in my opinion.” This spring, Mike Huckabee judged that “Ronald Reagan would have a very difficult, if not impossible time being nominated in this atmosphere,” pointing out that Reagan “raises taxes as governor, he made deals with Democrats, he compromised on things in order to move the ball down the field.”

During the debt-limit debate, a procession of Democrats — Vermont’s Peter Welch, Maryland’s Chris Van Hollen, New York’s Paul Tonko, Texas’s Sheila Jackson Lee and Gene Green — claimed Reagan’s support for their position. Reagan is “revered by many Democrats,” said Welch, who praised Reagan for fighting “the absurd notion that America had an option when it came to paying our bills.”

Half a century after he left the party, the Gipper is winning one for the Democrats.

By: Dana Milbank, Opinion Writer, The Washington Post, July 19, 2011

July 21, 2011 Posted by | Congress, Conservatives, Debt Ceiling, Deficits, Democracy, Democrats, Economic Recovery, Economy, GOP, Government, Government Shut Down, Ideologues, Ideology, Lawmakers, Medicare, Politics, Public Opinion, Republicans, Right Wing, Social Security, Tax Loopholes, Taxes, Tea Party | , , , , , , , , , , , , , | Leave a comment

Americans Finally Realize GOP Handling Debt Debate Poorly

And the loser is… the GOP!

Or so says the latest CBS poll showing 71 percent of Americans don’t like the GOP’s handling of the debt crisis. And why would they? Americans have shown in polls, time and time again, that they want both sides, Democrat and Republican, to work together to get business done in Washington. To get the business of raising the debt ceiling done, that takes compromise; a word I fear Republicans don’t like or perhaps aren’t that familiar with. A great man once told me the best negotiations are when both parties leave the room winning and losing. The president has shown his ability to compromise; he put cuts to Medicare and Social Security on the table. Heck, he’s even willing to talk about cuts rather than just raising the debt ceiling on his own!

To read the polls is not only confusing, but it shows how confused we the people are. Some polls show Americans want to cut spending, but they don’t want to raise taxes. Other polls show a majority of Americans want the Bush tax credits to end for the wealthy. And after Rep. Paul Ryan put forth his machete to Medicare, he was booed at town hall meetings, and a Democrat won a congressional seat in a district which had been a Republican stronghold for decades.

This current proposal by Republicans is not a GOP plan, it’s a Tea Party debt plan, appealing to the overwhelming minority of their base, obviously pandering to the “Teapublicans” for their cash for the upcoming election.

It sickens me when I hear the GOP talk about leaving something for our children and future generations when their proposals cut more education and Medicare and Social Security, making those programs a memory for our children. And without them, our children will be financially strapped, taking care of sick and elderly parents and grandparents.

These poll numbers show the GOP cannot even convince their own party of what they’re doing, which is obviously playing politics and puffing their chests out like chicken hawks, trying desperately not to blink first in this game. And for all their talk about the Democrats’ scare tactics, the poll shows the majority feel the president raises valid concerns if the debt ceiling is not lifted.

My favorite president, and a man who I think is the most intelligent of all of them (maybe not in choices he made in his personal life), is Bill Clinton. President Clinton says he would raise the debt ceiling using powers granted under the 14th Amendment—“validity of the public debt shall not be questioned…”

Maybe it’s time President Obama took a page from the Clinton handbook and took his advice. After all, he was a constitutional lawyer. If President Obama stops the economy from going into a double dip recession by raising the debt ceiling, he’ll not only be re-elected, he’ll show America that the GOP are the losers, and prevent the American people from being so—which is what would happen if he signed that GOP plan into law.

 

By: Leslie Marshall, U. S. News and World Report, July 20, 2011

July 20, 2011 Posted by | Congress, Conservatives, Constitution, Debt Ceiling, Deficits, Democracy, Democrats, Economic Recovery, Economy, Elections, Federal Budget, GOP, Government, Government Shut Down, Ideologues, Ideology, Lawmakers, Medicare, Politics, President Obama, Public, Public Opinion, Republicans, Right Wing, Social Security, Taxes, Tea Party, Voters | , , , , , , | Leave a comment

Cut Cap & Balance And The New Frontiers of Kookery

A scant few months after the Paul Ryan budget redefined the boundaries of conservative fanaticism, the Republican Party’s new “Cut, Cap, and Balance” Constitutional Amendment makes that document seem quaintly reasonable. Ezra Klein sums up the policy:

Ronald Reagan’s entire presidency would’ve been unconstitutional under CC&B. Same for George W. Bush’s. Paul Ryan’s budget wouldn’t pass muster. The only budget that might work for this policy — if you could implement it — would be the proposal produced by the ultra-conservative Republican Study Committee. But that proposal was so extreme and unworkable that a majority of Republicans voted it down.

37 House Republicans and 12 Senate Republicans have pledged not to support a debt ceiling increase unless the CC&B Constitutional Amendment passes. Mitt Romney has signed this insane pledge. Ramesh Ponnuru has some gentle questions:

Representative Mick Mulvaney, a freshman Republican from South Carolina who is a leading supporter of the amendment, said in an interview that if “the president wants this debt-ceiling increase, he’s going to help us get the votes.” He argued that Obama should deliver 50 Democratic votes in the House and 20 to 30 in the Senate. “That’s a good compromise for both sides.”

Does the congressman think that 50 Republicans would vote for a constitutional amendment that contradicts everything they stand for if President Romney asked them to?

What a congressman who pledges to increase the debt limit only if a spending-limit amendment passes is really saying is that he opposes increasing the debt limit. Because there is no way that two-thirds of Congress is going to pass this amendment now, or ever.

Perhaps the most remarkable thing about the CC&B amendment is the casual way in which it attempts to enshrine specific spending levels and to freeze current taxes into the Constitution. I would like to see its advocates explain why it is necessary for the Constitution to require their agenda. What is keeping the public from electing officials who will enact this agenda? If people want to enact policies like this, why not just let them do it? And if they don’t, why force these policies upon them?

 

By: Jonathan Chait, The New Republic, July 19, 2011

July 20, 2011 Posted by | Budget, Congress, Conservatives, Constitution, Debt Ceiling, Deficits, Democracy, Economic Recovery, Economy, Elections, GOP, Government, Government Shut Down, Ideologues, Ideology, Lawmakers, Politics, Public Opinion, Republicans, Right Wing, Senate, Voters | , , , , , , , , , | Leave a comment

The GOP’s Problem: There’s No Bridging The Gap Between Tea Party And Reality

Why do the Tea Party and the right adamantly oppose Mitch McConnell’s proposal to transfer control of the debt ceiling to the president as a way out of an impasse that many think is badly damaging the GOP?

The answer, paradoxically, lies in the beauty of the McConnell plan: It was crafted to allow Republicans to repeatedly vote against raising the debt ceiling without actually stopping it from being raised.

McConnell and other GOP leaders know full well the debt ceiling must be hiked. But they also know full well that this is entirely unacceptable to large swaths of the base who now see this as their number one ideological cause celebre, on a par with the now-forgotten drive to repeal Obamacare. So his plan tries to solve both these problems at once. It provides for Republicans to vote to “disapprove” of each debt ceiling hike the President pursues. But since they need a veto proof majority to block each debt limit hike, those “disapproval” votes won’t actually stop the hikes from happening — keeping the business community happy and averting economic and political disaster.

The problem for GOP leaders, however, is that the Tea Party and the right are dead serious about this stopping-the-debt-ceiling-hike thing — reality and the consequences be damned. Solid majorities of Republican voters and Tea Partyers don’t even think failure to raise it will be a problem. Symbolic votes to “disapprove” of debt ceiling hikes aren’t enough. Anything short of stopping the debt ceiling from going up is unacceptable. The McConnell plan would surrender the GOP’s ability to do this. Therefore it’s a total cave-in.

Business leaders and sane GOP leaders want the debt ceiling raised and understand that failure will be catastrophic. The Tea Party wants a hike blocked at all costs. The problem in a nutshell is that there’s no putting that ideological genie back in the bottle. One party is going to have to walk out of this situation not getting what it wants. Hint: That party’s name begins with the letter “T.”

By: Greg Sargent, The Washington Post  Plum Line, July 19, 2011

July 20, 2011 Posted by | Budget, Businesses, Congress, Conservatives, Debt Ceiling, Deficits, Democracy, Economic Recovery, Economy, GOP, Government, Government Shut Down, Ideologues, Ideology, Lawmakers, Politics, Republicans, Right Wing, Teaparty | , , , | Leave a comment