Monday, May 23, 2011

Board sets three recall elections for July 12

By Patrick Marley of the Journal Sentinel
Madison - State election officials ordered July 12 recall elections on Monday for three Republican state senators, setting the stage for what could be an unprecedented summer of recall elections.
The Government Accountability Board, which runs state elections, voted unanimously to schedule the recall elections against Sens. Dan Kapanke of LaCrosse, Randy Hopper of Fond du Lac and Luther Olsen of Ripon.
Next week it will consider recall petitions against six other senators. In all, citizens are seeking to recall nine senators - six Republicans and three Democrats - for their stances on the fight over Gov. Scott Walker's plan to greatly limit the ability of public employees to engage in labor negotiations.
The elections would be held July 12. If more than one candidate challenges a senator, the July 12 election would be treated as a primary, with a general election Aug. 9. The elections could be halted or delayed with legal action.
The effort to recall so many lawmakers is unparalleled in Wisconsin and the nation. Recall elections against Wisconsin lawmakers have been held just four times since voters amended the state constitution to allow recalls in 1926.
On Monday, the Republicans successfully struck some of the signatures from the recall petitions against them as invalid, but not enough to prevent the elections. About 15,000 signatures for each senator were needed to hold recall elections, and in each case more than 21,000 valid signatures were gathered.
The Republicans also argued the groups gathering signatures against them improperly filed paperwork to launch the petition drive. The board rejected that argument.
In the recall campaign against Kapanke, one form listed Patrick Scheller as the petitioner, while another form named only recall treasurer Peter Larson. Republicans argued both forms had to include the same name, but the board disagreed, saying it was clear the forms were filed by the same group because they were filed together.
By ordering the recall elections Monday, the accountability board signaled it would do the same for the other three Republicans next week, when it considers those efforts. That's because Republicans have tried to stop all the recall elections using the same argument about how the paperwork was filed.
Democrats have made different arguments to try to halt the recall elections against them. They claim those gathering signatures lied to many voters about the purpose of their petitions and say as a result all of them should be thrown out.
Republicans say the elections against the Democrats should be ordered because the Democrats have not identified enough invalid signatures to halt them.
Jeremy Levinson, an attorney representing Democrats trying to recall the Republicans, said he believes the elections against the Republicans will happen July 12, as scheduled. Even if Republicans file a lawsuit to stop the elections, a court can rule on the case quickly because the issues would raise would be straightforward, Levinson said.
Eric McLeod, an attorney for the Republicans, said they had not decided whether to sue to stop the elections. Mark Jefferson, executive director of the state Republican Party, said part of the decision will be based on whether Democrats try to prevent their recall elections in court.
Mike Tate, chairman of the state Democratic Party, wouldn't rule out the possibility of going to court to stop the elections against he Democrats.
Both Tate and Jefferson claimed their party would control the Senate by the time the recall elections are over. The GOP now runs the chamber 19-14.
Past recall efforts have had mixed success. Sen. Otto Mueller of Wausau survived a recall in 1932 when he was targeted for clashing with Gov. Phillip LaFollette, a fellow Republican. Rep. Jim Holperin (D-Eagle River) won the 1990 recall against him over Native American spearfishing rights. Now a senator from Conover, Holperin again faces a potential recall.
More recently, Sen. George Petak (R-Racine) in 1996 was recalled for his vote on Miller Park, and Sen. Gary George (D-Milwaukee) was ousted just days before he was hit with federal corruption charges in 2003.
Once the elections are certified next week, challengers will have until June 14 to gather 400 to 800 signatures to get on the ballot. The incumbents will automatically appear on the ballots without having to get signatures.
One Democrat has announced plans to run against each Republican, while multiple Republicans have indicated they will run against each Democrat.
If that remains the case, the sitting Republicans would face their elections July 12, while the sitting Democrats wouldn't face theirs until Aug. 9 so the GOP challengers could have their primaries on July 12. That could change as candidates make final decisions about whether to run.

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