Wisconsin State Senate Recalls

The GAB has certified the recall petitions for all four GOP state Senators facing recall.

This means Scott Fitzgerald, Van Wanggaard, Terry Moulton and Pam Galloway should all face recalls this spring.

[Edit to add: GAB has announced dates of May 15 for primaries & June 12 for recall in our gubernatorial race. It's not yet clear whether they plan on running senatorial elections on those dates as well, though in the past the GAB has indicated a preference for simultaneous recalls]

Breaking news: 2011 Wisconsin Act 23 (the Voter ID bill most recently mentioned upthread) suffered another setback as Judge Niess has ruled it unconstitutional. Judge Niess' full decision is online (warning, PDF).

This is a different case than the one which was before Judge Flanagan - this one was brought by the League of Women Voters. I expect that the Wisconsin GOP is frantically combing through the recall petitions in the hopes of finding Judge Niess' signature.

Judge Neiss' decision wrote:

The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily-created qualifications not contained in Article III, such as a photo ID

No surprise that Attorney General J.B. Van Hollen has announced he will appeal Niess' decision.

It is a little surprising that our governor has decided to respond by insulting the judiciary via social media, though.

Governor Walker, on Twitter[/url]]Voter ID is a common sense & constitutional reform. Time for activist Dane County judges to stop blocking law.

Since the attack line appears to be about "activist Dane County Judges", I think it's safe to assume the Wisconsin GOP haven't found Judge Niess' signature on a recall petition.

I really hate the term "activist judge".

NathanialG wrote:

I really hate the term "activist judge".

It beats "uppity."

I just wanted to interject the hilarity of a WI-based worldview. From a mailing I got today:

Scott Walker announced on Friday that he has set up a criminal defense fund to pay for his high-priced Chicago defense attorneys who are trying to shield him from a historic corruption scandal that has led to the arrests of six of his top aides and associates.

Emphasis mine.

I love that in the WI-based worldview paying a lot for legal representation, and getting lawyers from Chicago, are damnable offenses.

I don't like the guy either, but I think it's funny how both sides use 'loaded' language in everything they do.

Michael Zenke wrote:

I love that in the WI-based worldview paying a lot for legal representation, and getting lawyers from Chicago, are damnable offenses.

I don't like the guy either, but I think it's funny how both sides use 'loaded' language in everything they do.

Not entirely accurate, either. Of the two attorneys I know of Walker retaining, John Gallo is based in Chicago, but Mike Steinle is out of Milwaukee. I guess it's possible that Steinle's been kicked off in favor of another lawyer from Sidley Austin in the interim.

Maddening that the Democrats are resorting to nonsense like pretending that where lawyers have their offices is relevant, since there are so many legitimately reprehensible actions by Walker, the Fitzgeralds, and company that they could point out, instead.

wordsmythe wrote:
NathanialG wrote:

I really hate the term "activist judge".

It beats "uppity."

That's only for minority judges.

It looks like we have a date for the recalls. Primaries on May 8, general election June 5.

I'm not sure whether any of the state senate races might shift earlier if there aren't primaries. I've heard (unsubstantiated) reports that the GOP is considering running fake Democrats to force primaries - I'd be more inclined to dismiss that as tinfoil-hat territory if they hadn't done exactly that during last summer's recalls.

And quite rapidly the balance of power shifts:
http://2012.talkingpointsmemo.com/20...

Wisconsin state Sen. Pam Galloway (R) is resigning from the chamber today, citing a family health situation. Galloway was one of the targeted incumbents in upcoming recall elections.

This also means that as of now, the Republicans have officially lost their Senate majority, leaving the chamber split 16-16. The recall elections to come will determine who takes the majority.

Tanglebones wrote:

And quite rapidly the balance of power shifts:
http://2012.talkingpointsmemo.com/20...

Wisconsin state Sen. Pam Galloway (R) is resigning from the chamber today, citing a family health situation. Galloway was one of the targeted incumbents in upcoming recall elections.

This also means that as of now, the Republicans have officially lost their Senate majority, leaving the chamber split 16-16. The recall elections to come will determine who takes the majority.

Well now, that is interesting.

Lots of ground to cover. Please bear with me.

Wisconsin State Senate Rules Chapter 2, Rule 7(4)[/url]]A tie vote sustains the ruling of the chair.

Since the chair of the WI State Senate right now is Republican Michael Ellis, I'm not sure this shifts the balance of power. Dale Schultz (remember him?) is probably still the most powerful person in the State Senate.

I don't know whether Senator Galloway's "family health reasons" is honest and accurate, but assuming that's the case I wish her and her family a speedy recovery.

Her resignation does raise an interesting legal conflict. Our governor is not allowed to appoint a replacement - they're supposed to be replaced via a special election.

Wisconsin law, §17.19 (1)[/url]]Members of legislature. In the office of state senator or representative to the assembly, by election, as provided in s. 8.50, for the residue of the unexpired term. In addition, an anticipated vacancy in the office of state senator or representative to the assembly may be filled as provided in s. 8.50 (4) (e).

The law further stipulates that the election should happen as soon as possible.

Wisconsin law, §8.50 (4)(d)[/url]]Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May in the year in which a regular election is held to fill that seat shall be filled as promptly as possible by special election. However, any vacancy in the office of state senator or representative to the assembly occurring after the close of the last regular floorperiod of the legislature held during his or her term shall be filled only if a special session or extraordinary floorperiod of the legislature is called or a veto review period is scheduled during the remainder of the term. The special election to fill the vacancy shall be ordered, if possible, so the new member may participate in the special session or floorperiod.

The legislative session is scheduled to adjourn today, but if I'm reading that right Governor Walker could call a special session for whatever reason he sees fit to force the special election.

Now, why might this be valuable tactically for the GOP? Well, if their polling numbers show Galloway is in trouble, this could be a back door to get a more moderate Republican candidate into the race. Don't forget, Wisconsin law also means that Galloway should have to appear on the recall ballot, resignation or no:

Wisconsin State Law §9.10(3)(c)[/url]]The official against whom the recall petition is filed shall be a candidate at the recall election without nomination unless the official resigns within 10 days after the original filing of the petition. Candidates for the office may be nominated under the usual procedure of nomination for a special election by filing nomination papers not later than 5 p.m. on the 4th Tuesday preceding the election and have their names placed on the ballot at the recall election.

We're well past the 10 day deadline. Given that even the redistricted Wisconsin State Senate District 29 apparently went 53/45 Obama (dailykos link, but that info isn't editorializing), and the scorched-earth tactics the GOP has been willing to use over the past year, it's at least plausible that this resignation is being done to prolong the recalls as long as possible. The apparent conflict between §9.10(3)(c) and §8.50 (4)(d) / §17.19 (1) would give grounds for a lawsuit to delay the recalls, long enough to have a special election - at which point they would argue that the recall should be cancelled, since it was against the previous officeholder.

I am of course not a lawyer, but I think that §9.10(3)(c) has precedence, since it explicitly addresses the conflict between resignation and recall elections. I think that the GOP could still run a more moderate candidate in the Republican primary (who would presumably win, since Galloway would be actively campaigning on their behalf), and that candidate would then square off with the winner of the Democratic primary (if any).

Given the behavior of our state Supreme Court this past year, I'm pessimistic that the eventual verdict (if this hypothetical lawsuit comes to pass) will be an iota out of step with whatever the state GOP wants, though.

Dimmerswitch wrote:

Dale Schultz (remember him?) is probably still the most powerful person in the State Senate.

I remember him! He played Murdoch in the A-Team.

Quintin_Stone wrote:
Dimmerswitch wrote:

Dale Schultz (remember him?) is probably still the most powerful person in the State Senate.

I remember him! He played Murdoch in the A-Team.

So close.

I will be damned -- I just spotted that Mr. Schulz did the voice for Bodahn Feddic in the Dragon Age games.

I would never have connected those two characters without that wisecrack.

Malor wrote:

I will be damned -- I just spotted that Mr. Schulz did the voice for Bodahn Feddic in the Dragon Age games.

I would never have connected those two characters without that wisecrack.

And he was XO Pressley from Mass Effect.

Michael Zenke wrote:

I just wanted to interject the hilarity of a WI-based worldview. From a mailing I got today:

Scott Walker announced on Friday that he has set up a criminal defense fund to pay for his high-priced Chicago defense attorneys who are trying to shield him from a historic corruption scandal that has led to the arrests of six of his top aides and associates.

Emphasis mine.

I love that in the WI-based worldview paying a lot for legal representation, and getting lawyers from Chicago, are damnable offenses.

I don't like the guy either, but I think it's funny how both sides use 'loaded' language in everything they do.

It's sort of hilariously true. Anyone from Chicago finding themselves in court in Indiana or Wisconsin fights an uphill battle.

wordsmythe wrote:

It's sort of hilariously true. Anyone from Chicago finding themselves in court in Indiana or Wisconsin fights an uphill battle.

Well ... to be fair if you're from Chicago and you're in a WI court, everybody just sees you as a FIB.

Michael Zenke wrote:
wordsmythe wrote:

It's sort of hilariously true. Anyone from Chicago finding themselves in court in Indiana or Wisconsin fights an uphill battle.

Well... to be fair if you're from Chicago and you're in a WI court, everybody just sees you as a FIB. :D

Fixed.

It's not our fault we're better than you.

wordsmythe wrote:

It's not our fault we're better than you.

Erik, I hate to disagree with someone with your vocabulatory faculties, but ...

IMAGE(http://meags1971.typepad.com/.a/6a00d8347d93a469e201156f51b199970b-500wi)

Cheese. Beer. Soup.

Bam.

Michael Zenke wrote:
wordsmythe wrote:

It's not our fault we're better than you.

Erik, I hate to disagree with someone with your vocabulatory faculties, but ...

IMAGE(http://meags1971.typepad.com/.a/6a00d8347d93a469e201156f51b199970b-500wi)

Cheese. Beer. Soup.

Bam.

You can get that in Illinois. With more deliciousness, and without having to subject yourself to the Wisconsin peasantry.

Plus, it'd be made with better beer over here

This is clearly a troll thread. With trolls.

I would like to contribute this:
IMAGE(https://carts.undergroundshirts.com/prod_img/position_2/452_36.jpg)

More developments late last week on Act 23 (Wisconsin's Voter ID law, mentioned upthread). Both of the cases (Milwaukee Branch of the NAACP at al. v. Scott Walker et al. and League of Women Voters of Wisconsin Education Network, Inc. v. Scott Walker et al.) were certified by their respective appellate courts to be heard by the state Supreme Court.

Since over the past year the current court has shown a willingness to deliver whatever verdict the state GOP wants, regardless of the relevant laws, I expect them to overturn both injunctions and rule Act 23 constitutional at the earliest opportunity.

Forgot to mention: the GOP will once again be running fake Democrats in the State Senate recalls.

The state Republican party says it plans to run fake Democrats in four upcoming recall elections targeting Republican state senators.

GOP executive director Stephan Thompson says the move will guarantee that a Democratic primary has to be held. He says that ensures one clear date for the primary and a separate one for the general election, thereby limiting any scheduling control the Democratic Party might try to assert.

So it wasn't tinfoil-hat territory after all. Classy.

I actually just had a delicious beer cheese at Girl & The Goat yesterday.

Girl & The Goat is a restaurant. They're like supper clubs, but with fewer old people and less stained glass.

Phishposer wrote:

[Baja Wisconsin]

I've just discovered a new name for Rockford.

Good news, everyone.

According to a statement released Thursday from the County Executive’s Office, [Waukesha County Executive] Vrakas posed an ultimatum to Nickolaus in an effort to restore confidence in the upcoming election: Either resign as clerk or she designate her Election Day duties to the deputy clerk.

Nickolaus chose the latter.

“Kathy agreed to hand off her election duties to the deputy county clerk in order to avoid my public call for her resignation,” Vrakas said. “In stepping aside, Kathy also agreed to allow outside consultants and county staff to work side-by-side with the deputy clerk to help restore confidence in our election process.”

Vrakas stated that the county plans to move swiftly to examine the problems that arose during Tuesday’s election.

This, in the wake of irregularities (again) in Waukesha during the GOP primary this week.

Because accountability is primarily about keeping your job in the face of incompetence...