“A Judge In The Hand Is Worth…”: Judge Who Stopped Wisconsin Campaign Finance Probe Tied To Koch-Funded Junkets
The federal judge who ordered an end to an investigation into possible illegal campaign coordination between Wisconsin Gov. Scott Walker and conservative groups during two recent recall elections regularly attended expenses-paid judicial conferences sponsored by conservative organizations including the Charles G. Koch Charitable Foundation and the Lynde and Harry Bradley Foundation — groups that have funded efforts against campaign finance reform.
In a 26-page decision issued on May 6, Judge Rudolph Randa of the U.S. District Court for the Eastern District of Wisconsin ordered prosecutors to immediately halt its long-running investigation into the campaign spending and fundraising activities of Walker, the Wisconsin Club for Growth and other conservative groups. Prosecutors were trying to determine whether the Walker campaign and the conservative groups were illegally coordinating campaign strategies at the time of the 2011 and 2012 recall elections in Wisconsin.
The Wisconsin Club for Growth spent millions on ads during Wisconsin’s recall elections, supporting the governor’s collective-bargaining reforms. It requested that the federal court stop the investigation, claiming that the probe violated the group’s constitutional right to free speech.
Randa wrote in his decision that the Wisconsin Club for Growth had found a way to get around campaign finance laws. “That circumvention should not and cannot be condemned or restricted,” the decision said. “Instead, it should be recognized as promoting political speech.”
As the Wisconsin-based Center for Media and Democracy first reported, Randa has regularly attended expenses-paid judicial conferences hosted by George Mason University’s Law & Economics Center and funded by right-wing foundations like the Charles G. Koch Charitable Foundation and large corporations like ExxonMobil, Dow Chemical and Pfizer.
A Center for Public Integrity investigation last year revealed that conservative foundations and corporate giants were the most frequent sponsors of George Mason judicial conferences, which often serve state and federal judges a steady dose of free-market, anti-regulation lectures.
Most recently, court records show, Randa reported attending an October 2013 judicial conference hosted by the university’s Law & Economics Center. The three-day conference, titled “Antitrust Law & Economics Institute for Judges,” was sponsored by the Charles G. Koch Charitable Foundation, the Lynde and Harry Bradley Foundation and the John William Pope Foundation, among other conservative groups, corporations and individuals.
Previously, Randa attended George Mason judicial conferences in 2006, 2008, 2010 and 2012, according to the Center for Media and Democracy.
The Wisconsin Club for Growth’s director, Eric O’Keefe, has connections to the Koch brothers. Michael Grebe, the Bradley Foundation’s president and CEO, chaired Gov. Walker’s 2010 and 2012 gubernatorial campaigns.
A woman who answered the phone in Randa’s chambers Tuesday said he would not comment on cases that are still pending.
In siding with the Wisconsin Club for Growth, Randa told prosecutors to return all of the property seized during their investigation and to destroy copies of documents they obtained during their searches.
A day after his ruling, however, the 7th U.S. Circuit Court of Appeals stayed Randa’s order ending the investigation, ruling that the judge overstepped his authority when he ordered that prosecutors destroy documents.
By: Chris Young, The Center for Public Integrity, May 27, 2014
“Why Wisconsin’s Voter ID Decision Is A Very Big Deal”: Put Simply, Voter Impersonation Is A Fake Problem That Doesn’t Need A Solution
Some precautions are necessary—wearing a helmet when you ride a bike, using a seatbelt when you’re in a car—and others seem optional, like grabbing an umbrella on a cloudy day or wearing an apron when you make dinner. Others are dumb. You wouldn’t get snow tires if you lived in Miami, and there’s never a need for volcano insurance (unless you live in the shadow of Mount Etna, or something).
You can add one more item to the list of useless precautions: voter identification laws. In an opinion striking down Wisconsin’s voter ID law—signed in March by Gov. Scott Walker—Judge Lynn Adelman looks at the supposed menace of in-person voter fraud—the GOP’s reason for ID requirements—and finds nothing.
The state’s argument is straightforward: The voter ID law will “deter or prevent fraud by making it harder to impersonate a voter and cast a ballot in his or her name without detection.” To that end, it requires Wisconsin voters to produce an accepted, nonexpired form of state-issued ID to cast a ballot. If a voter lacks an ID, she can apply for one at the Wisconsin Department of Motor Vehicles, provided she has the right documents. And if she lacks a proper ID at the polls, she can cast a provisional ballot, and confirm her identity in-person on the Friday after the election.
Opponents say this unfairly burdens older and low-income people, and minorities in particular. It’s not that nonwhites can’t get identification, but that they are most likely to face circumstances—poverty, geographic isolation, etc.—that make it hard to obtain one. Further, they argue, voter identification isn’t necessary and harms more than it helps. It’s for that reason that the plaintiffs—the League of United Latin American Citizens of Wisconsin—say the law is an unjustified burden on the right to vote.
Judge Adelman agrees, and supports his stance with a treasure trove of evidence. Citing research on the incidence of in-person voter fraud in American elections, Adelman notes that, in eight years of Wisconsin elections—2004, 2008, 2010, and 2012—researchers could identify only “one case of voter-impersonation fraud.” And in that case, it was a man who “applied for and cast his recently deceased wife’s absentee ballot.” Likewise, after “comparing a database of deceased registered voters to a database of persons who had cast ballots in a recent election,” in Georgia, another researcher found “no evidence of ballots being illegally cast in the name of deceased voters.”
Adelman even notes the sheer difficulty of committing in-person voter fraud, throwing water on the claim that this could ever be common. “To commit voter-impersonation fraud,” he says, “a person would need to know the name of another person who is registered at a particular polling place, know the address of that person, know that the person has not yet voted, and also know that no one at the polls will realize that the impersonator is not the individual being impersonated.” He ends with a note that sounds like sarcasm, “Given that a person would have to be insane to commit voter-impersonation fraud, [the law] cannot be deemed a reasonable response to a potential problem.”
He also makes a key point about public perception: Insofar that anyone believes that in-person voter fraud is a problem, it’s because elected officials—almost all of them Republican—treat it as such, as they push for these laws. Put simply, voter impersonation is a fake problem that doesn’t need a solution.
As for the burdens of voter identification? Adelman makes two important points. First, that a substantial number of registered Wisconsin voters—300,000, or 9 percent of the total—lack a qualifying ID. Of these voters, a substantial portion live at or below the poverty line. In practical terms, what this is means is that they lack the time or resources needed to get a valid ID. If you work a low-wage job, odds are good that you can’t take time off to go to the DMV, and even if you could, you would need the cash to obtain the documents you need to prove your identity, like a birth certificate or a passport.
It’s at this point that, in my experience, voter ID proponents scoff at the idea that someone would lack these documents. But it’s more common than you think. According to a 2006 survey from the Brennan Center for Justice, as many as 13 million Americans lack ready access to citizenship documents, which overlaps with the 21 million who lack photo identification. Moreover, millions have inconsistent documents—a passport that doesn’t reflect their current name (a problem for many married women) or a photo ID that doesn’t have their current address. Under the Wisconsin law, both groups would be barred from casting a normal ballot if they went to the polls.
Adelman’s second point elaborates on the burden. If you drive, you receive a daily benefit from the act of gathering one’s documents and getting a license. If the voter ID requirement does anything, it offers the benefit of voting at “no additional cost.” By contrast, he notes, a “person whose daily life did not require possession of a photo ID prior to the imposition of the photo ID requirement is unlikely to derive any benefit” from owning one. At most, they can keep voting. Or, put another way, they have to pay the same costs without the same benefits. It’s unfair.
By the end of Adelman’s opinion, there are no pieces to pick up, and there is no legislative recourse for defenders of voter ID. Adelman ethered the rationale for voter identification, and struck down the law. Now, Republicans and Democrats will fight the upcoming elections on more even ground.
This ruling is significant for more than what it means for Wisconsin. As Ari Berman notes for The Nation, it’s part of a larger trend of courts striking down voter identification laws. In the last year, four other states—Arkansas, Pennsylvania, Missouri, and Texas—have had their requirements reversed by federal courts.
What’s more, the Wisconsin decision marks the first time a voter ID law has been invalidated under Section 2 of the Voting Rights Act, as opposed to a state constitution. In turn, this gives fuel to the Justice Department’s present suits against voter ID laws in North Carolina and Texas—also filed under Section 2.
The real question looking forward is whether Section 2 will survive. The Supreme Court has already destroyed the “pre-clearance” section of the Voting Rights Act, and conservatives are gunning for Section 2 in their drive to end race-conscious policymaking. If successful, they would end the government’s ability to fight voting discrimination, and leave us with a country where states—like Wisconsin—are free to burden the fundamental rights of our most vulnerable citizens.
By: Jamelle Bouie, Slate, April 30, 2014
“Three Feet Away”: Scott Walker’s Intimidation And Voter Harassment Program
There’s been a fair amount of attention lately on Gov. Scott Walker’s (R) newly imposed voting restrictions in Wisconsin, and for good reason. The governor’s latest measures appear to have only one purpose: making it more difficult for his constituents to participate in their democracy.
But last week’s new restrictions weren’t the end of Walker’s efforts. The Milwaukee Journal Sentinel reports:
Election observers could stand a few feet from voters and poll workers, under one of a series of election bills Gov. Scott Walker signed in private Wednesday.
The law would allow observers to stand 3 to 8 feet from the table where voters announce their names and addresses and are issued voter numbers, or from the table where people register to vote.
Consider a hypothetical scenario. A college student in Madison stops by a table to register to vote, and as she goes through the process, an elections “observer” stands 36 inches away, just to ensure the rules are being followed to his satisfaction. Months later, when she goes to her local voting precinct, another “observer” – again standing just 36 inches away – will oversee the process as she picks up her ballot.
This scenario will now be legal in Wisconsin.
Why in the world would GOP policymakers in Wisconsin consider this a good idea? According to the article, “Walker’s office said that the law will safeguard the fairness of elections by ensuring observers can see how they are being conducted.”
Just think, Wisconsin not only held generations of fair elections without “observers” hovering around voters, but has enjoyed one of the highest voter-participation rates in the country. Little did state residents know how flawed their system was.
Democratic opponents of the proposal warned of intimidation, voter harassment, and according to one state senator, observers “breathing down the necks of poll workers.”
They did not, however, have the votes to stop the measure.
All of this is the latest in a series of election-related policies approved by Wisconsin Republicans. In 2011, for example, they curtailed early voting statewide.
Last week, Walker went further, curtailing early voting even further, eliminating weekend voting and ending evening voting after 7 p.m.
There was no reason to impose these new voter-suppression policies and the rationales proponents came up with were easily discredited.
By: Steve Benen, The Maddow Blog, April 3, 2014
“And You Thought Christie Was Bad”: Report, Scott Walker’s Jobs Agency Pouring Money Into Red Districts, Neglecting Others
Wisconsin governor Scott Walker has long been criticized for his state’s poor jobs numbers — but now the potential 2016 presidential candidate is under fire for the locations of the jobs that have been created.
In 2011, under Walker, the Wisconsin Economic Development Corporation was established as the state’s largest private-sector jobs agency. The WEDC’s purpose is to develop and facilitate economic programs that create new jobs or subsidize already existing ones. Using taxpayer money, the WEDC awards, grants, and loans money to businesses across the state.
According to a Citizen Action of Wisconsin report released in February, however, data reported by the WEDC shows “[jobs] impact concentrated in a handful of legislative districts” – specifically, districts represented by Republicans.
Furthermore, because red districts in the state are benefiting more from the WEDC than other districts are, members of the Republican Assembly who are in leadership positions benefit from a disproportionately increased number of jobs in their districts.
Using numbers reported by the WEDC, the report finds that Republican assembly districts have approximately 86 percent more jobs projected in the first quarter of the 2014 fiscal year than Democratic districts. While there are 453 jobs projected per Democratic district, an overwhelming 842 jobs are projected per Republican district.
Additionally, while over 6,000 jobs are projected to be created in just one GOP assembly district alone, 14 districts have zero jobs projected, which calls the WEDC’s methods of distributing funds and impacting job creation into question.
“There’s a real question about what’s actually being done with public money, and whether or not the resources are being distributed fairly across the state,” says Robert Kraig, the executive director of Citizen Action of Wisconsin.
WEDC spokesman Mark Maley denies the agency has committed any wrongdoing, explaining, “What we’re really focused on is economic development all over the state. We absolutely do not make any political favorites or geographical favors, when it comes to granting awards.”
WEDC’s own data, however, proves inconsistent jobs impact across districts not only represented by different parties, but also home to varying socioeconomic classes. As Citizen Action points out, there is one job impacted for every 36 residents in Wisconsin’s Waukesha County, but one job impacted for a whopping 166 residents in Milwaukee County. The difference between the two counties extends beyond partisanship: Waukesha’s average income is 73 percent higher than Milwaukee’s, and its poverty rate is 75 percent lower.
Maley denies that the impoverished county — which also happens to be Democratic — is not being helped by the WEDC. In fact, he says, a million-dollar grant has been awarded to the city of Milwaukee to renovate an automotive facility, but the grant will not show up in the report because it was not part of the WEDC data used by Citizen Action.
Governor Walker also denies that any particular districts are favored under the WEDC and blames the “completely biased and partisan” Citizen Action report for painting a different reality.
Walker adds that “…you have a significant number of business leaders more often than not [who] happen to be Republicans vs. Democrats. We measure success not by party affiliation. We measure success by whether those employers are creating jobs.”
But as Kraig counters, the conservative governor’s logic suggests that Wisconsin families should “move to Republican districts where they can live in closer proximity to the supposed ‘job creators,’” which not only is an unrealistic and unfair expectation, but the answer to an already shaky defense.
By: Elissa Gomez, The National Memo, March 17, 2014
“Early Voting Under Attack In Wisconsin”: Republicans Putting Up Even More Obstacles To Civic Participation
It may soon get a lot harder to vote in Wisconsin.
State and federal courts are currently deliberating the outcome of Wisconsin’s enjoined strict photo ID law. Governor Scott Walker this week said he would call a special legislative session to modify the law if it’s struck down, so voter ID could be in effect for the November 2014 election. And, this Wednesday, Senate leadership muscled through a bill, SB 324, which would cut back on early in-person absentee voting in that state. The measure passed 17-16, with one lone Republican joining the state’s Democratic Senators in casting nay votes. If the vote in the Assembly falls along party lines like it did in the Senate, the rollbacks could very well become law. Governor Walker has stated that he is open to instituting cutbacks on early voting if the measure reaches his desk.
In Wisconsin, all voters who apply may vote absentee in advance of Election Day, either by mail or in-person at the local municipal clerk’s office. Early in-person absentee voting starts the third Monday before the election, and is available through the Friday preceding Election Day. The bill passed by the Senate would eliminate early voting on weekends, and require that all early voting during the week conclude no later than 7 p.m. The bill also proposes a 45-hour weekly cap on early voting. Under the current law, which has no such restrictions, two communities that are home to nearly 15 percent of the state’s total population and nearly half of the state’s non-white population, Milwaukee and Madison, offer extended hours to serve more voters.
Cutting back on early voting puts up obstacles to civic participation. Voters like it, and they use it. When people can choose to vote on a day and time that does not conflict with work, family care, or other obligations, they are more able to wait in lines and undertake the other administrative costs involved in voting. Over the last three presidential elections, an average of 14 percent of voters in Wisconsin cast early ballots. Despite what some lawmakers are doing to make it harder to vote, citizens around the country support increasing access to the ballot. For example, a recent Iowa poll found that people there overwhelming believe that ensuring every eligible voter gets to cast a ballot outweighs concerns over ineligible voters. And, as the Brennan Center found in its comprehensive 2013 study of early voting, it’s also popular with the people who administer elections, because it reduces stress on the voting system on Election Day, leads to shorter lines, and allows for more opportunity to discover and correct problems before the polls close.
In producing our report, we looked into which jurisdictions have most successfully implemented early in-person voting, and were able to distill a set of seven best practices. Wisconsin does begin its early voting period a full two weeks before Election Day, which is one of the identified best practices for administering early voting. Another is to offer early voting on weekends, including the last weekend before the election. In fact, in eight of the nine states with the highest early voting turnout in recent elections, jurisdictions are required by law to offer early voting on at least one weekend. Not only does current Wisconsin law not mandate any weekend hours—instead leaving that decision up to the individual jurisdictions—but under the proposed changes weekend voting would be actively prohibited. A third best practice is to offer extended early voting hours during the week outside of business hours. The bill approved by the Wisconsin Senate, conversely, limits how many early voting hours may be offered each week, and likewise prohibits evening early voting after a certain hour.
Given the popularity of early voting among those who vote and those who administer elections, it’s hard to understand why Wisconsin lawmakers are intent on limiting early voting systems and throwing up more and more obstacles to the franchise. Their efforts would be better spent making elections more free, fair, and accessible for their constituents.
By: Jennifer L. Clark, Brennan Center for Justice, New York University School of Law, March 14, 2014
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 