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Wisconsin Dems 6. Wisconsin Republicans 0.

Conservatives and some political observers are making a big deal out of the fact that the Dem candidate in the closely watched state Supreme Court race in Wisconsin finally conceded defeat today, as had long been expected.

But surely it’s also a big deal that we now know for certain that six Wisconsin Republican state senators will officially face recall elections, while a grand total of zero Democrats may face the same?

Today the Wisconsin Government Accountability Board announced that they have now approved the signatures required for recall elections against the following six GOP senators: Rob Cowles, Alberta Darling, Sheila Harsdorf, Randy Hopper, Dan Kapanke, and Luther Olsen. That means these six elections are definitely moving forward.

Meanwhile, the board has also announced that they are not prepared to approve the signatures gathered by Republicans for the recall of their three Democratic targets. Dems have alleged that the signature gathering by Republicans is fraudulent, and now the board has explicitly claimed that their reason for not approving the recall elections against Dems is that the signatures “have raised numerous factual and legal issues which need to be investigated and analyzed.”

Translation: The fraud allegations just may have something to them.

What this means: While Dems only need to net three recall elections to take back the state senate, it is now within the realm of possibility that even as twice that number of Republicans face recall elections, no Dems will. That’s a pretty sizable advantage for Dems.

To be clear, it is possible that the board will ultimately approve some or all three of the recall elections against Dems. But even if that happens, Dems still retain a significant advantage. Either way, it is clearly an important development that we now know for a fact that six recalls against Republicans will definitely proceed.

One other tidbit: The Government Accountability Board has also asked the Wisconsin state legislature for an additional $40,000 to help evaluate the signatures and facilitate the recall elections. But a Board spokesman, Reid Magney, confirms to me that the legislature has not responded to the request. “We have not gotten an answer from them,” Magney tells me.

Guess who controls the state legislature? Wisconsin Republicans. Indeed, the

senate side of the relevant committee that would make those funds available is stacked with GOP recall targets. Go figure!

By: Greg Sargent, The Plum Line, The Washington Post, May 31, 2011

May 31, 2011 Posted by | Conservatives, Democracy, Gov Scott Walker, Ideologues, Ideology, Lawmakers, Politics, Republicans, Right Wing, State Legislatures, States, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , , , , | Leave a comment

Amoral And Illegal: Gov Walker Misleads On His Administration’s Legal Support For GOP Legislators

Last week, Wisconsin Governor Scott Walker put a deceptively positive gloss on the legal battles surrounding his stalled union-busting bill in an interview with the right-wing Newsmax website.

Background on the Legal Battles

As CMD has reported, Governor Walker’s union-busting bill (“Act 10”) was amended by a conference committee on March 11 to avoid quorum requirements, then passed by the Wisconsin Senate with no Democrats present. State Open Meetings laws require 24 hours notice for all meetings, or two hours with “good cause,” but neither standard was met at the March 11 vote. Following a complaint from Dane County’s District Attorney, Judge MaryAnn Sumi found a probable Open Meetings violation and issued an order preventing the Secretary of State from publishing the bill, a necessary step before it can become law. Attorney General JB Van Hollen appealed the decision, and the Court of Appeals offered the case to the state Supreme Court on March 24, which has not taken action (possibly because Justice Prosser’s election is still pending). In the meantime, the Legislative Reference Bureau published the law under statutory authority separate from that of the Secretary of State, raising questions of whether the bill has become law, and prompting Judge Sumi to issue an order declaring it not to be in effect.

On April 7, Governor Walker’s Administration jumped into the fray and asked the Wisconsin Supreme Court to vacate Judge Sumi’s order.

Walker Administration’s Legal Position Contrary to Governor’s Statements

The Walker Administration’s petition was discussed during the Governor’s videotaped interview with mustachioed Newsmax anchor Ashley Martell. Walker said:

My administration this week appealed to the state Supreme Court on two counts. Really both on […] the fact that we don’t believe it is legitimate for the judge to be an issuing a temporary restraining order when we think the law was dufully (sic) passed by the members of the state legislature. (at 3:29)

Mustache Martella replied: “speaking of that, the legal issue seems to be the notice given before the vote . . .”

The heart of the issue that is regarding the restraining order really involves the issue of the open meetings laws and whether or not there was notice on that. The legislature feels, and I think they are right about this, that they very clearly did follow the statute, that under other circumstances there might be a problem, but in a special session . . . it is clear that they followed the law. (at 4:12)

Despite Walker’s faith in the conduct of fellow Wisconsin Republicans, his legal team is not contending that GOP legislators followed the law, but only that violations of that law be enforced more leniently. In its petition to the Supreme Court, not once does Walker’s Administration argue that Republican legislators acted lawfully.

Walker’s petition focuses on three issues, claiming (1) that breaking an Open Meetings law is a “procedural violation” that cannot be punished through voiding a legislative act, (2) that a court does not have jurisdiction to prevent a bill from becoming law (even if it may have authority to void a law once enacted), and (3) that the Act is published and is now law, meaning Sumi’s order has no relevance. The brief also questions whether the District Attorney can sue to invalidate a statute, and whether Judge Sumi could enter an order considering defendants’ legislative immunity. Significantly, the petition does not discuss whether legislative notice rules can override Open Meetings laws (which, if argued, could have implied legislators acted lawfully).

Put Your Money Where Your Mouth Is

Walker’s Newsmax statements give the impression that legislators acted honorably, avoiding the fact that they may have illegally shut citizens out of the political process, violated the state’s constitutionally-recognized open government guarantees, and did so on a bill that has a significant impact and massive public attention. This is no small matter. As the late Wisconsin Supreme Court Justice William Bablitch wrote in the 1994 case State ex rel. Hodge vs. Town of Turtle Lake: 

The purpose of the Open Meetings Law is to protect the public’s right to be informed to the fullest extent of the affairs of government. . . An open meetings law is not necessary to ensure openness in easy and noncontroversial matters where no one really cares whether the meeting is open or not. Like the First Amendment, which exists to protect unfavored speech, the Open Meetings Law exists to ensure open government in controversial matters.

Open Meetings laws are fundamentally important to Wisconsin’s democracy, and violations are serious business. If Walker genuinely believes the GOP lawmakers’ actions were virtuous and lawful, his administration’s legal documents should reflect that.

By: Brenda Fisher, Center for Media and Democracy, April 13, 2011

April 14, 2011 Posted by | Collective Bargaining, Democracy, Gov Scott Walker, Governors, Ideologues, Ideology, Politics, Public Employees, Right Wing, State Legislatures, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

Wisconsin Supreme Court Election: Every Vote Must Be Counted

Many voters went to sleep in Wisconsin and thought they woke up in Florida on Friday after a “Republican activist” county clerk announced that she discovered an extra 14,315 votes in a hotly contested Supreme Court race. Not surprisingly, the votes went to the conservative candidate giving incumbent justice David Prosser a 7,500 lead over challenger Joanne Kloppenburg. Oddly, 7500 was the exact number of votes Prosser needed to avoid a statewide recount.

The Supreme Court race has garnered national attention as a proxy vote on Governor Scott Walker’s radical proposal to end collective bargaining in the state and cut a billion dollars from public schools.

Long Time Republican Apparatchik

The county clerk in question is long-time Republican apparatchik Kathy Nickolaus. Nickolaus got her start in GOP politics in 1995 when the Republican Speaker of the Assembly was – that’s right – David Prosser. She worked for Prosser’s Republican Assembly Caucus, one of four GOP and Democratic legislative groups that were shut down following a criminal investigation for illegal campaign activity on state time.

Nickolaus first came to public attention in 2001 when she was granted immunity from criminal prosecution in exchange for testimony against her bosses at the Assembly Caucus. The case resulted in unprecedented convictions of Democratic and Republican legislators on felony counts of misconduct in office and arranging for illegal campaign contributions. Both Democratic and Republican leaders were sentenced to jail time.

In the caucus, Nickolaus was the person who ran the numbers, creating databases for illegal donations, partisan mailings and the like. When she escaped criminal prosecution, she hightailed it to Waukesha where she ran for county clerk in the conservative county in 2002.

She later botched a 2006 vote and stirred controversy by placing the entire voting system on her own personal computer. Prompting the County Corporation Counsel to charge: “If she wants to keep everything secret, she probably can.”

On Thursday of this week, she called a press conference to announce the new vote totals that put Prosser over the top and blamed “human error.” She claimed that the canvass was a “open and transparent” process, yet she found the error at noon on Wednesday and sat on the information for 29 hours, not even telling top election officials at the Government Accountability Board. According to election observers, the issue of 14,315 additional votes from Brookfield was never discussed at the canvass. But, this information somehow made its way to right wing bloggers before her press conference.

Reaction Swift

Wisconsin Citizen Action has demanded that federal prosecutors step in, confiscate her computer and start an investigation. “In the current political climate in Wisconsin, only an investigation by a U.S. Attorney can be seen by all citizens of the state as independent and above politics,” said Robert Kraig.

The Kloppenburg campaign has demanded “a full explanation of how and why these 14,315 votes from an entire city were missed.” As part of the search for that explanation, the campaign plans to file open records requests for relevant documents.

Meanwhile, both Kloppenburg and Prosser have lawyered-up. Kloppenburg is being represented by Marc Elias, the attorney who handled Al Franken’s U.S. Senate recount fight in Minnesota. Prosser is being represented by Ben Ginsberg, who served as national counsel to former President George W. Bush’s campaigns in 2000 and 2004 and was central to the 2000 Florida recount.

Lessons from Bush v. Gore Florida Recount

The Florida 2000 recount is on the mind of many Wisconsin voters. The big lesson from the nightmarish “hanging-chads” recount “is that you need a total statewide recount. If you only recount select counties the perception is you are only selecting counties that favor you,” says Jay Heck, the head of Wisconsin Common Cause.

Heck issued a statement on Friday:

The incredible and almost unbelievable events of the last two days with regard to the reporting of votes in the City of Brookfield in Waukesha County in Tuesday’s election for the State Supreme Court warrant a full investigation by the Wisconsin Government Accountability Board, the U.S. Attorney for the Eastern District of Wisconsin, the Wisconsin Department of Justice and the District Attorney of Waukesha County. Furthermore, the Government Accountability should authorize and supervise a statewide recount of all ballots cast in Tuesday’s elections and such a recount should be funded by the State of Wisconsin.

Why so many parties? Because this is the same constellation of offices that investigated the 2002 caucus scandal, giving voters more confidence that the manner was being handled appropriately and in a bipartisan fashion.

If Wisconsin is not to irreparably harm its reputation as a functional and relatively noncorrupt state, many Cheeseheads believe that a statewide recount is a necessity.

By: Mary Bottari, Center for Media and Democracy, April 9, 2011

April 9, 2011 Posted by | Conservatives, Democracy, Democrats, GOP, Gov Scott Walker, Politics, Republicans, Right Wing, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , , , , , | Leave a comment

Wisconsin Waterloo: Where The GOP Sees Demons To Attack, Voters See Themselves

Wisconsin Democrats are filing recall petitions that could result in the Wisconsin Senate being controlled by Democrats. Summer 2011 will bring white-hot midterm elections and a potential Wisconsin Waterloo for the GOP that is spreading to other states and could shift the tectonic plate of American politics.

In Wisconsin, Ohio and other states a powerful backlash is brewing from giant swaths of voters who failed to turn out for Democrats or regret their votes for Republicans in 2010. They feel demonized by GOP attacks and financially threatened by GOP policies. They will be highly motivated to vote.

Wisconsin Democrats could win the three state Senate seats necessary to turn control of the Wisconsin Senate to the Dems, because voters do not want political holy wars against teachers, public workers or anyone else. They do not want fanatics in politics, fiats by government, incendiary partisanship or crusades against collective bargaining, which voters widely believe is a valued part of the American system.

Recently the Polish trade union Solidarity, one of the great voices for freedom in modern history, endorsed the Wisconsin workers and condemned the attacks on them by GOP Gov. Scott Walker. More voters agree with Solidarity than with Wisconsin Republicans.

In Ohio, the widely unpopular Republican governor, John Kasich, who was caught on tape verbally abusing a police officer who gave him a ticket, has now added both police and firefighters to the list of enemies he attacked in legislation. Most Americans view firefighters and police as heroes who risk their lives to save their neighbors, not as demons to attack or targets to have their financial security threatened.

In Washington, the GOP has added the venerable AARP to its enemies list. AARP has long represented tens of millions of seniors with honor. For Republicans to launch a Nixonian attack against them is an act of political stupidity that will not be well-received by senior voters.

Republicans wage holy war against National Public Radio, one of the fairest media in the nation, and one that provides vital service to small-town America and includes many Republicans among its fans.

Republicans threaten to shut down the government to pursue their war against Planned Parenthood, which is supported by many Republican women, while they attack a long list of programs important to mainstream American women. Many Republicans oppose efforts to achieve pay equity for women.

House Republicans even want to cut programs that help homeless veterans, cuts that Sens. Harry Reid (D-Nev.) and Sherrod Brown (D-Ohio) speak eloquently against.

The Texas GOP is likely to attempt to cheat Hispanics out of representation in Congress through a gerrymander similar to that once orchestrated by disgraced former House Republican Leader Tom DeLay. Many Republicans use tactics on immigration that are anathema to many Hispanics.

House Republicans will be widely blamed for any government shutdown or economic collapse from a failure to extend the debt ceiling if they pursue their partisan and ideological vendettas and refuse to accept 50-50 offers from Democrats.

A Wisconsin Waterloo is a real danger to Republicans. Where the GOP sees demons to attack, many voters see themselves. 

By: Brent Budowsky, The Hill, April 4, 2011

April 5, 2011 Posted by | Class Warfare, Collective Bargaining, Elections, GOP, Gov Scott Walker, Governors, Middle Class, Politics, Public Employees, Republicans, States, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

Wisconsin’s Radical Break From It’s Civic Traditions

Now that a Wisconsin judge has temporarily blocked a state law that would strip public employee unions of most collective bargaining rights, it’s worth stepping back to place these events in larger historical context.

Republicans in Wisconsin are seeking to reverse civic traditions that for more than a century have been among the most celebrated achievements not just of their state, but of their own party as well.

Wisconsin was at the forefront of the progressive reform movement in the early 20th century, when the policies of Gov. Robert M. La Follette prompted a fellow Republican, Theodore Roosevelt, to call the state a “laboratory of democracy.” The state pioneered many social reforms: It was the first to introduce workers’ compensation, in 1911; unemployment insurance, in 1932; and public employee bargaining, in 1959.

University of Wisconsin professors helped design Social Security and were responsible for founding the union that eventually became the American Federation of State, County and Municipal Employees. Wisconsin reformers were equally active in promoting workplace safety, and often led the nation in natural resource conservation and environmental protection.

But while Americans are aware of this progressive tradition, they probably don’t know that many of the innovations on behalf of working people were at least as much the work of Republicans as of Democrats.

Although Wisconsin has a Democratic reputation these days — it backed the party’s presidential candidates in 2000, 2004 and 2008 — the state was dominated by Republicans for a full century after the Civil War. The Democratic Party was so ineffective that Wisconsin politics were largely conducted as debates between the progressive and conservative wings of the Republican Party.

When the Wisconsin Democratic Party finally revived itself in the 1950s, it did so in a context where members of both parties were unusually open to bipartisan policy approaches. Many of the new Democrats had in fact been progressive Republicans just a few years earlier, having left the party in revulsion against the reactionary politics of their own senator, Joseph R. McCarthy, and in sympathy with postwar liberalizing forces like the growing civil rights movement.

The demonizing of government at all levels that has become such a reflexive impulse for conservatives in the early 21st century would have mystified most elected officials in Wisconsin just a few decades ago.

When Gov. Gaylord A. Nelson, a Democrat, sought to extend collective bargaining rights to municipal workers in 1959, he did so in partnership with a Legislature in which one house was controlled by the Republicans. Both sides believed the normalization of labor-management relations would increase efficiency and avoid crippling strikes like those of the Milwaukee garbage collectors during the 1950s. Later, in 1967, when collective bargaining was extended to state workers for the same reasons, the reform was promoted by a Republican governor, Warren P. Knowles, with a Republican Legislature.

The policies that the current governor, Scott Walker, has sought to overturn, in other words, are legacies of his own party.

But Mr. Walker’s assault on collective bargaining rights breaks with Wisconsin history in two much deeper ways as well. Among the state’s proudest traditions is a passion for transparent government that often strikes outsiders as extreme. Its open meetings law, open records law and public comment procedures are among the strongest in the nation. Indeed, the basis for the restraining order blocking the collective bargaining law is that Republicans may have violated open meetings rules in passing it. The legislation they have enacted turns out to be radical not just in its content, but in its blunt ends-justify-the-means disregard for openness and transparency.

This in turn points to what is perhaps Mr. Walker’s greatest break from the political traditions of his state. Wisconsinites have long believed that common problems deserve common solutions, and that when something needs fixing, we should roll up our sleeves and work together — no matter what our politics — to achieve the common good.

Mr. Walker’s conduct has provoked a level of divisiveness and bitter partisan hostility the likes of which have not been seen in this state since at least the Vietnam War. Many citizens are furious at their governor and his party, not only because of profound policy differences, but because these particular Republicans have exercised power in abusively nontransparent ways that represent such a radical break from the state’s tradition of open government.

Perhaps that is why — as a centrist and a lifelong independent — I have found myself returning over the past few weeks to the question posed by the lawyer Joseph N. Welch during the hearings that finally helped bring down another Wisconsin Republican, Joe McCarthy, in 1954: “Have you no sense of decency, sir, at long last? Have you left no sense of decency?”

Scott Walker is not Joe McCarthy. Their political convictions and the two moments in history are quite different. But there is something about the style of the two men — their aggressiveness, their self-certainty, their seeming indifference to contrary views — that may help explain the extreme partisan reactions they triggered. McCarthy helped create the modern Democratic Party in Wisconsin by infuriating progressive Republicans, imagining that he could build a national platform by cultivating an image as a sternly uncompromising leader willing to attack anyone who stood in his way. Mr. Walker appears to be provoking some of the same ire from adversaries and from advocates of good government by acting with a similar contempt for those who disagree with him.

The turmoil in Wisconsin is not only about bargaining rights or the pension payments of public employees. It is about transparency and openness. It is about neighborliness, decency and mutual respect. Joe McCarthy forgot these lessons of good government, and so, I fear, has Mr. Walker. Wisconsin’s citizens have not.

By: William Cronon, Op-Ed Contributor, The New York Times, March 21, 2011

March 22, 2011 Posted by | Class Warfare, Collective Bargaining, Gov Scott Walker, Governors, Jobs, Politics, State Legislatures, States, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , | Leave a comment