The wave of Wisconsin state Senate recalls, which were launched in the political battle over Gov. Scott Walker’s anti-public employee union legislation, are now headed back to the courts.
As WisPolitics reports, the Wisconsin Government Accountability Board, which oversees elections in the state, has asked Dane County (Madison) Circuit Court Judge John Markson for an extension from their current deadline to certify or reject recalls by June 3, this Friday, in the three recalls targeting Democrats Dave Hansen, Jim Holperin and Robert Wirch. A hearing with Markson has been set for the day itself, this Friday, June 3.
The GAB has already certified the recalls against six Republicans, and rejected challenges by those incumbents that were made to the validity of the petitions. However, the GAB’s filing says that it has had to delay action on the three remaining petitions (that is, the ones against the Dems) because the sets of challenges that have been filed are so much more vast, with many more thorough details for the board to have to examine and address.
A key quote from the filing:
(38) The fact that the materials submitted in connection with the challenges to the Hansen, Holperin and Wirch petitions are so much more extensive, and more complex than the materials presented in support of any of the other challenges, and has been followed-up by additional evidentiary and legal materials in rebuttal and reply, has contributed to GAB staff’s inability to complete the analysis of those three challenges in time for the May 31 board meeting.
(39) GAB does not estimate that it will be possible to complete the staff analysis of the challenges to the Hansen, Wirch and Holperin petitions in a careful and deliberate manner before the end of June 3, let alone provide for the material sand memoranda to the Board sufficiently in advance of any public meeting so that the Board members have adequate time to review the information before a meeting.
Democrats had previously said they would stop those recalls targeting the Democrats, alleging a “racket” of vast fraud in the Republican efforts. Whatever their likelihood of success might be, the volume of papers submitted has clearly made its mark.
Meanwhile, the Wisconsin State Journal reports that the first three Republicans whose recalls were certified — Randy Hopper, Dan Kapanke and Luther Olsen — are challenging their recalls in court, alleging that the recall committees themselves were not properly registered and certified, and therefore all petitions were invalid. The incumbents had previously made this same challenge during the GAB process itself, but the board rejected the argument.
From the State Journal’s report:
Because recall petitioners had failed to complete mandatory registration with the GAB, the court filings claim, the 60-day circulation period had not started. Thus, every signature that was collected against the GOP senators is “dated outside the circulation period” and invalid, according to the court filings.
Olsen said the court challenge to throw out his recall was filed because “that’s the position of our lawyers.”
“You always listen to your lawyers,” he said. “That’s what you pay them for.”
