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Calming a raging election dispute

An editorial  —  7/28/2008 5:45 am

Our editorial encouraging Attorney General J.B. Van Hollen to move quickly in reviewing questions with regard to a dispute over a Milwaukee legislative race drew a rapid response from some of the involved parties.

There were complaints that Milwaukee Journal Sentinel reports on the dispute had been inaccurate.

One individual involved in the matter said that she had been misidentified in the media as a backer of a primary challenger to an incumbent legislator.

A lawyer for the legislator produced a detailed summary of his involvement, with the purpose of producing a clear timeline and eliminating concerns about whether he or lawyers he is associated with were involved in wrongdoing alleged by allies of the opponent.

Changes and countercharges flew -- in the form of e-mails, phone calls and heated debates on our Web site.

The speed and intensity of the response confirmed the point we were making about the need for prompt and responsible interventions in the tempestuous dispute over the maneuvering around a Government Accountability Board hearing on whether veteran state Rep. Pedro Colon, D-Milwaukee, filed too few valid signatures to qualify for the September Democratic primary ballot.

The GAB ruled in Colon's favor, and our sense is that the decision was appropriate.

In general, we believe that the board should err on the side of getting candidates on the ballot rather than knocking them off.

In this particular case, it appears that Colon's petitions -- while not perfectly prepared -- included enough properly obtained and presented signatures to qualify him for the ballot.

We have, as well, come to the view that the law firm and associates of attorney Michael Maistelman acted appropriately in this matter.

A lawyer associated with Maistelman represented Colon before the GAB. Allies of Colon's challenger, Laura Manriquez, and others who claim to be uncommitted in this bitter contest noted that Maistelman had e-mail contacts with them and then ended up being linked with Colon. They raised the question of whether those contacts might have created a conflict and undermined the legitimacy of the GAB process.

But attorney David Halbrooks, who represented Colon, provided us with a timeline of his involvement in the case -- and details of the flurry of activity surrounding it as a GAB deadline approached -- that suggest this controversy has more to do with confusion as interested parties rushed to line up lawyers than of any wrongdoing on the part of Maistelman, Halbrooks or their associates.

We have been impressed with Halbrooks' forthright and detailed responses to the concerns that have arisen.

Of course, it is not for us to resolve this dispute.

Van Hollen has access to the information -- and the individuals -- with whom we have had contact. He is in a position to review that information, ask the right questions, and provide a timely response to a request for his opinion.

Of course, we understand that the attorney general's options are limited.

Specific issues of conflicts involving lawyers are addressed by the Office of Lawyer Regulation, which is not under Van Hollen's jurisdiction.

But Van Hollen has been asked by the Milwaukee County District Attorney's Office to look into the broader dispute, in part because Milwaukee County DA John Chisholm backed Colon's recent run for Milwaukee's city attorney position.

The request would appear -- and we use that term consciously because of the limits on his authority -- to offer Van Hollen an opportunity to bring at least a measure of clarity to the controversy over whether the GAB's ruling was compromised or problematic.

With what is likely to be a bitter primary approaching, that clarity is needed.

Having issues of this sort remain open -- especially when it appears that sound responses can be provided for critical questions that have been raised -- is no good for anyone involved or for the electoral process.

As we suggested in our initial editorial, it is our belief that Van Hollen and other officials should move as appropriately and as rapidly as they can to "ensure that the process is made to work in an equitable, responsible and democratic manner."

An editorial  —  7/28/2008 5:45 am