Groups file caucus complaint
2:06 PM 6/07/01
Phil Brinkman State government reporter
Calling the legislative caucuses a "cancer in state government," two reform groups filed a complaint with the state Elections Board on Wednesday, urging an investigation into possible violations of campaign finance laws by the four partisan offices and their elected leaders.
The complaint, filed by the Wisconsin Democracy Campaign and Common Cause in Wisconsin, was in response to a series of articles in the Wisconsin State Journal last month detailing the activities of the caucus staffs.
The taxpayer-supported caucus staffs - one each for the Democrats and Republicans in both the state Assembly and Senate - are intended to provide research and communications support for legislators.
But the State Journal investigation, which involved examining hundreds of records and interviews with more than 70 people, found the offices also operate as secret campaign machines, raising money, producing brochures and maintaining lists of potential voters for the leaders' hand-picked candidates.
Wednesday's complaint was filed with the Elections Board because such activity could amount to an illegal campaign contribution. Campaigning on state time or with state resources also could constitute a violation of state ethics laws, which are enforced by the state Ethics Board. That board is believed to be conducting its own secret investigation of the caucuses.
"This was not renegade activity by a few employees who were out of control," said Mike McCabe, executive director of the Wisconsin Democracy Campaign. "This was very widespread activity. It's in all four caucuses, and it's something that's been going on for a long time."
Jay Heck, executive director of Common Cause and a former communications director for the Senate Democratic Caucus, said the two were asking that the Elections Board, which is made up of political appointees, name a special prosecutor to ensure action is taken quickly.
"I think it's critical that this be handled expeditiously so that the people of Wisconsin will not have the feeling this is just being swept under the rug," Heck said. "This is a cancer in state government and unless it's rooted out completely it's likely to spread and grow."
The complaint also alleges one caucus, the Assembly Republican Caucus, secretly helped an independent political group coordinate attack ads against several Democratic candidates. The group, Project Vote Informed, had previously signed an oath with the Elections Board saying it would operate independently of any candidate or campaign.
The alleged activity could be a further violation of state election law if the caucus staff members who helped Project Vote Informed played an important role in any of the 12 campaigns the group sought to benefit.
Named in the complaint are Senate Majority Leader Chuck Chvala, D-Madison; Assembly Speaker Scott Jensen, R-Waukesha; Senate Minority Leader Mary Panzer, R-West Bend; and former Assembly Minority Leader Shirley Krug, D-Milwaukee.
Also named are the directors of the four caucuses: Rich Judge, director of the Assembly Democratic Caucus; Jason Kratochwill, director of the Assembly Republican Caucus; Jon Carson, director of the Senate Democratic Caucus; and Brian Fraley, director of the Senate Republican Caucus.
It also lists Todd Rongstad, treasurer of Project Vote Informed.
Most of the respondents said Wednesday they had not yet seen the complaint and declined comment.
Panzer issued a brief statement saying the Senate Republican Caucus "has and will continue to provide legitimate and valuable research and public information services for our elected members, the press and the public.
"Of course we will comply with any investigation of the Senate Republican Caucus and its activities," she said. "We firmly believe, however, the complaint by the WDC and Common Cause against the Senate Republican Caucus is without merit."
In prior statements, Panzer and Krug's successor, Spencer Black, have denied any direct knowledge of campaign activity by state employees out of their state offices or on state time. Chvala and Jensen, while defending the system, wouldn't address whether such activity goes on.
In a statement Wednesday, Rongstad said his organization "did not coordinate its activities or act in conjunction with any partisan caucus, affected candidate or agent of a candidate's committee. Should the Elections Board act in accordance with the law, I assume the complaint will be dismissed."
Heck and McCabe said they hoped the Elections Board could take up the complaint at its next meeting June 27. They criticized the board for not acting immediately after the allegations came to light, instead requiring someone to file a formal complaint.
"It's like a police officer witnessing a crime being committed and refusing to do anything unless somebody complains," McCabe said.
But Elections Board Executive Director Kevin Kennedy said the criticism was misplaced.
"This isn't like a policeman observing a crime because we weren't in the caucus offices when the allegations happened," Kennedy said.
The bipartisan board, which is made up of appointees nominated by the legislative leaders, the governor and the state Supreme Court, learned long ago to carefully evaluate allegations of wrongdoing to screen out bogus claims by politically motivated complainants, he said.
Kennedy said his staff would evaluate the complaint and decide later whether to pursue an enforcement action. Violations of the state election law could bring fines of up to $500 per infraction. Intentional violations can yield criminal penalties, with fines of up to $1,000 and six months in jail.
Dane County District Attorney Brian Blanchard said last week he is investigating allegations that members of the Assembly Republican Caucus destroyed or hid campaign documents to avoid turning them over to the State Journal as part of an open records request.