Elections Board launches caucus probe
2:06 PM 6/28/01
Doug Erickson Wisconsin State Journal
The state Elections Board launched an investigation Wednesday of the state's legislative caucus system, while a group of bipartisan legislators called on their colleagues to yank caucus funding.
The dual developments buoyed the hopes of those who say the four taxpayer-supported caucus staffs - one each for the Democrats and Republicans in both the state Assembly and Senate - have strayed far from their original purpose of providing research and communications support for legislators.
"Engaging in taxpayer-supported political operations seems to have become the primary activity of these entities, which is unconscionable and illegal," said former Democratic Gov. Tony Earl, one of several speakers at a Capitol press conference Wednesday.
A Wisconsin State Journal investigation last month found that the offices operate as secret campaign machines, raising money, producing brochures and maintaining lists of potential voters for the leaders' hand-picked candidates.
Such activity could amount to an illegal campaign contribution, which is why the Elections Board is involved. 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 agency is believed to be conducting its own inquiry, although it neither confirms nor denies investigations.
Meeting in Milwaukee Wednesday, the seven members of the Elections Board in attendance voted unanimously in open session to investigate possible violations of campaign finance laws by the caucuses, said Kevin Kennedy, the board's executive director. He declined to discuss the investigation's scope and said he doesn't know how long the inquiry will take. The board's discussion was in closed session.
Kennedy said the issue is complex and that "most of the issues relate to ethics, not campaign finance law." John Savage, a Milwaukee attorney and chairman of the Elections Board, called the investigation "preliminary" at this point and said the board expects a staff update in September. "We're just testing the waters right now, so to speak," he said.
The Elections Board has subpoena power to compel witnesses to testify under oath and provide documents, Kennedy said. If it finds wrongdoing, the board can file a civil lawsuit.
Two reform groups, the Wisconsin Democracy Campaign and Common Cause in Wisconsin, had filed a complaint with the Elections Board earlier this month seeking the investigation. But Kennedy said Wednesday that their complaint was too vague and that the board did not act on it. It instead voted to begin an investigation on its own accord, based in part on newspaper accounts, he said.
Mike McCabe, executive director of the Wisconsin Democracy Campaign, said he was under the impression that the board wouldn't act unless a formal complaint was filed. "They insisted on having one," he said. Regardless, he's glad the agency will investigate. Said Jay Heck of Common Cause about the vote to investigate: "That's fantastic. Get going."
In a separate move, state Rep. Marty Reynolds, D-Ladysmith, introduced a bill Wednesday to abolish the caucus system. But given the slow pace of legislation, Reynolds said he'll first try to kill the caucuses more immediately through the state budget. He intends to offer an Assembly budget amendment - probably Friday - that would eliminate their funding.
The four caucuses together cost nearly $4 million annually.
Reynolds said the partisan activities of the caucuses should have been exposed long ago, "but the caucuses have been viewed in much the same way that a dysfunctional family would have winked and nodded at wicked uncle Ernie. Well, the days of winking and nodding are over."
Reynolds was joined at the Capitol press conference by Earl and Heck. Ody Fish, a former chairman of the Republican Party of Wisconsin, also was scheduled to appear but bowed out due to a health problem. In a statement, he said that largely as a result of the alleged illegal operations of the caucuses, "Wisconsin has deteriorated into a slime mode of deceit, concealment, double talk and trickery."
Reynolds said the measure's lead Senate sponsor is Republican Sheila Harsdorf of River Falls. Co-sponsors in the Assembly include representatives Bob Ziegelbauer, D-Manitowoc; Frank Boyle, D-Superior; Tim Carpenter, D-Milwaukee; Sheldon Wasserman, D-Milwaukee; Tony Staskunas, D-West Allis; Mike Powers, R-Albany; and John Lehman, D-Racine.
Reynolds said chances "aren't good" that the bill will go anywhere under the Legislature's current committee structure and leadership. That's why he plans to introduce the budget amendment. He intends to ask for a roll-call vote on the amendment so that legislators will be forced to go on record with their views on caucuses.
However, he said his concern is that a legislator will move to table the amendment before it can be voted on, thereby giving the Assembly an easy way to duck the issue.