Wis. GOP Leader: Change The Recall Law!

Wisconsin state Senate Majority Leader Scott Fitzgerald (R)
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Wisconsin is now undergoing a novel summer election season for the state legislature, with six Republican and three Democratic state senators facing recall elections as a result of the political battle over Republican Gov. Scott Walker’s anti-public employee union legislation. Indeed, the Republican-controlled state Senate could potentially see a Democratic takeover, depending on how the elections turn out — and after that, the Dems have vowed to wage a recall drive against Walker himself next year.

So in response, Senate Majority Leader Scott Fitzgerald (R) says he would like to introduce legislation later this year, making it harder to recall state officials.

To be clear, this could have no effect on the recalls that have already been certified to go. And what’s more, the state GOP leaders would be unable to simply pass a bill to get rid of recalls in Wisconsin. The right of recall and the procedures involved are very clearly spelled out in the state constitution, and can only be changed via a long and slow amendment process — which would require that the legislatures chosen in two consecutive election cycles both pass an amendment by simple majorities in both houses, and then submit the amendment to a statewide referendum.

But that doesn’t mean that state GOP leaders wouldn’t like to try. And they’re even publicly speculating that they could get Dems on board for it, though a Democratic leader is saying quite the opposite.

The Milwaukee Journal Sentinel reports:

Fitzgerald said he believed some Democratic legislators would support a measure changing or weakening the current law.

“I have never been a fan of recalls (of lawmakers) on either side of the aisle – especially for a vote,” said Fitzgerald, referring to how single votes – such as passing legislation that strips public employees of most of their bargaining rights – can trigger recall efforts.

He spoke in Milwaukee with editors and reporters of the Journal Sentinel and was joined by Rep. Robin Vos (R-Rochester) and Sen. Alberta Darling (R-River Hills), co-chairs of the Legislature’s Joint Finance Committee.

Both Vos and Darling said it’s premature to take such a drastic step because of legislation that just passed.

“Let us have time to see if the tools we put in place work,” Vos said.

State Assembly Minority Leader Peter Barca (D) responded. “I think it’s extremely unlikely that they would get support (from Democrats,)” Barca told the paper. “I don’t think they are going to get any traction on this.”

Fitzgerald has previously stated his disagreement with Wisconsin’s recall laws, asking rhetorically whether they were “legit.” “Yeah, I mean, I’ve always been a believer that recall probably would be more appropriate if a legislator was involved in some type of, you know, either criminal activity, or something that could be deemed, you know, unethical,” Fitzgerald said in March. “Not related to simply taking a stance on a tough vote. And you know, I think there’s other legislators that feel that way as well.”

The state Senate currently has a 19-14 Republican majority, with Democrats hoping to pick up at least three net seats in the recall elections and win a majority. Wisconsin state senators serve four-year terms, with half of them up every two years. Wisconsin’s recall law contains a condition that any effort cannot begin until at least one year into a term — meaning that only 16 members, eight Democrats and eight Republicans, could currently be recalled. In order to initiate a recall, petitioners must gather signatures equal to 25 percent of the total votes within that district in the previous gubernatorial election. After various petition drives this past Spring, recalls have now been certified for six Republicans and three Democrats, with the others having failed to meet the threshold.

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