Wisconsin Government Accountability Board

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The Wisconsin Government Accountability Board (GAB) was an independent board that was responsible for enforcing the state's elections, ethics and campaign finance laws. On December 16, 2015, Governor Scott Walker (R) signed a bill into law, introduced by state Rep. Dean Knudson (R), that "split the GAB into two separate commissions, one regulating ethics laws and the other covering elections," similar to the regulatory system that existed before the GAB replaced it in 2007.[1][2] According to an article by Wisconsin Public Radio, "[ma]ny conservatives have cited the GAB’s involvement in the John Doe as the primary reason the agency should be eliminated. Assembly Speaker Robin Vos said it was a factor."[3]

History[edit]

The Wisconsin Legislature created the Government Accountability Board in January 2007. The agency assumed the combined responsibilities of the former State Elections Board and the State Ethics Board on January 10, 2008.[4] The former elections and ethics boards were formed in 1974.[5]

Mission statement[edit]

The mission statement of the GAB was as follows:[6]

The mission of the Board is to ensure accountability in government by enforcing ethics and lobbying laws, and to enhance representative democracy by ensuring the integrity of the electoral process.

Governance[edit]

The board consisted of six members, all of whom were former judges.

Selection of members[edit]

Board members were nominated by a panel of four Wisconsin Appeals Court judges, appointed by the Governor and confirmed by the Senate. They served staggered six-year terms, with one member's term expiring each year.[6]

Senate leader calls for political appointees[edit]

On December 3, 2012, incoming Senate Majority Leader Scott Fitzgerald (R) said he wanted to change the makeup of GAB to replace judges with political appointees. According to Fitzgerald, the board had not been impartial but rather had favored Democrats. Much of his criticism regarded the board's handling of the recall elections in 2011 and 2012. However, Democrats also criticized the board during the process.[7] Gov. Scott Walker (R) said the issue was not a priority for him.[8]

Accountability Board Members[edit]

As of July 2015, the membership of the GAB was as follows:

Member Position Appointing Governor
Gerald Nichol Chair Democratic Party Jim Doyle*
Elsa Lamelas Vice Chair Republican Party Scott Walker
Thomas Barland Secretary Democratic Party Jim Doyle
Harold Froehlich Member Republican Party Scott Walker
Timothy Vocke Member Republican Party Scott Walker**
John Franke Member Republican Party Scott Walker
*Judge Nichol was reappointed by Gov. Walker on June 21, 2012.
**Judge Vocke resigned from the Board in December 2011, but was reappointed by the Governor, effective April 2, 2012.[9]

According to the Wisconsin Elections Commission, all members of the GAB left office when the GAB was dissolved and replaced by the Wisconsin Elections Commission and the Wisconsin Ethics Commission on June 30, 2016. No members were carried over to the new bodies.[10][11]

Four of these six members were originally appointed by Republican Gov. Scott Walker. Gerald Nichol, the board's chair, was previously elected as a Republican for Dane County District Attorney.[12][13]

Timothy Vocke was the first appointment made by Gov. Walker. Along with Vocke, the Candidate Committee suggested Hon. Charles P. Dykman of Madison and the Hon. Denis Luebcke of Appleton for the position.[14] On June 17, 2011, Walker announced he had chosen Vocke for the seat.[15] Vocke resigned from the board to run for Judge in Vilas County Circuit Court. He came in third in the primary election and asked to be reconsidered for appointment to the GAB in 2012.

On February 23, 2012, the Government Accountability Candidate Committee sent Gov. Walker four names to fill two vacancies: Hon. Gary L. Carlson of Medford, Hon. Charles P. Dykman of Madison, current GAB member the Hon. Gerald C. Nichol of Madison and former GAB member the Hon. Timothy Vocke of Rhinelander. The vacancies were from Vocke's resignation in 2011 and the expiration of Gerlad Nichol's initial term with the GAB.[16] Both Nichol and Vocke were reappointed in 2012.

Judge Elsa Lamelas was appointed to the GAB in 2013 by Gov. Walker.[17] Judge John Franke was appointed to the GAB in 2014 by Gov. Walker. His appointment has yet to be confirmed by the state Senate.[18]

Thomas Barland's term expired on May 1, 2015, and he did not seek reappointment to the Board. He remained a member of the GAB until a successor was nominated by the governor.[19]

Former members[edit]

Previous members of the board:[20]

  • Michael Brennan (2008–2014): Brennan was nominated by Gov. Doyle in 2008 and served until his term expired in May 2014. He never held partisan elected office.[21]
  • Thomas Cane (2008–2013): Cane was nominated by Gov. Doyle in 2008 and served until his term expired in May 2014. He never held partisan elected office.[22]
  • David Deininger (2008, 2010–2013): Gov. Doyle initially appointed Judge Deininger in 2008, but Deininger had to leave the Board until his term on the state Court of Appeals had ended. Deininger was reappointed by Doyle in 2010, but Gov. Walker pulled back Judge Deininger’s nomination when he first took office in 2011. Deininger had yet to be confirmed by the State Senate. Gov. Walker then interviewed Judge Deininger and made the appointment himself in 2012, only to withdraw the nomination again 2013 amidst opposition from state Senate Republicans.[9][23]
  • Gordon Myse (2008–2011): Myse's term expired on May 1, 2011, but he served until a successor, Timothy Vocke, was appointed in April 2012.[9]
  • William Eich (2008–2010)
  • Victor Manian (2008–2009)
  • James B. Mohr (2008)

Campaign finance discipline[edit]

The Wisconsin Government Accountability Board was responsible for handling all campaign finance discipline involving civil law violations. If someone felt a person or committee violated campaign finance law, the first step was to file a complaint with the Wisconsin Government Accountability Board.[24] It was up to the Director and the Staff Attorneys of the G.A.B. to determine if there was enough probable cause to move forward any investigation.[24]

Any elector was able to file a verified petition with the Board or the appropriate district attorney requesting that civil action be brought against any person or political committee or group to enforce campaign finance regulations under Chapter 11 of the Wisconsin Statutes. The Board had the ability to conduct an investigation and pursue civil forfeitures, or refer the matter to the appropriate district attorney for criminal prosecution.[24]

Recall campaigns[edit]

See also: Laws governing recall in Wisconsin

The Board was responsible for overseeing recalls. That process included:

  • Certifying signatures
  • Hearing challenges and rebuttals to recall campaigns

2011[edit]

See also: Recall of Wisconsin State Senators (2011)

In 2011, 16 recall campaigns were initiated against Republican senators in Wisconsin. Nine recalls had proper signatures filed against the sitting incumbent (three Democratic and six Republican senators). Two Republicans—Randy Hopper and Dan Kapanke—were ultimately removed from office.

John Doe investigation and reform[edit]

See also: John Doe investigations related to Scott Walker

Background[edit]

Two John Doe investigations were launched by Milwaukee County District Attorney John Chisholm (D) into the activities of staff and associates of Gov. Scott Walker (R). These investigations and the events surrounding them have been described as "the most tumultuous political events in Wisconsin in generations—perhaps in history."[25]

The first investigation, John Doe I, was launched after Walker aide Darlene Wink noticed funds were missing from the money raised by Operation Freedom, a charitable event for veterans that Walker hosted annually. Walker's office turned the case over to the Milwaukee County DA's office to investigate the missing funds.[26][25][27]

Over a year passed before the DA's office began investigating the case. By this time, Walker had announced his candidacy for Governor of Wisconsin. On May 5, 2010, Assistant District Attorney Bruce Landgraf asked for the authority to launch a John Doe investigation into the missing funds. He asked for the John Doe on the premise of determining where the funds had originated (i.e., sponsors and donors of the Operation Freedom Event). His request was granted by Judge Neal Nettesheim, who had been appointed the John Doe I judge.[25][28]

During the 2010 gubernatorial campaign, the John Doe investigation was expanded multiple times to include a Walker donor and members of Walker's county executive staff. The homes, offices and cars of these people were raided and searched, and property, such as computers and cell phones, was seized. The investigation lasted three years and resulted in the convictions of six people, four of whom weren’t related to the missing funds on which the investigation was predicated. The announcement of the charges against the six were made in January 2012, in the midst of an effort to recall Gov. Walker due to his support for Act 10.[29][30][31]

On June 5, 2012, the recall election attempting to remove Gov. Walker (R) from office was held. Walker won re-election by a wider margin than he had when originally securing the office in 2010. In August 2012, the first John Doe investigation was rolled into a second investigation, John Doe II. This investigation was based on a theory that Governor Walker’s campaign had illegally coordinated with conservative social welfare groups that had engaged in issue advocacy during the recall elections.[32][33]

The second John Doe investigation spanned multiple counties but was consolidated into one investigation, overseen by an appointed judge and one special prosecutor, Francis Schmitz. During the early morning hours of October 3, 2013, investigators served search warrants on several homes and subpoenaed records from 29 conservative organizations. Several weeks later, on October 25, 2013, three targets of the subpoenas filed a motion to have the subpoenas quashed. The judge overseeing the investigation, Judge Gregory Peterson, granted that motion in January 2014, stating that the prosecutor's theory of criminal activity was not, in fact, criminal under Wisconsin statutes. Although Schmitz filed an appeal to a higher court, the investigation was effectively stalled.[34][35][36][37][38]

A series of lawsuits were filed, one against the John Doe prosecutors for a violation of free speech and several others against the agency that oversees campaign finance law, the Wisconsin Government Accountability Board (GAB), for trying to enforce unconstitutional regulations of issue advocacy groups, the regulations on which the prosecutor's theory was based.[39][40][36][41][42][43]

The legality of the investigation eventually went before the Wisconsin Supreme Court. On July 16, 2015, the Supreme Court ruled in a 4-2 decision to officially halt the John Doe II investigation. The court combined three cases into one, thereby simultaneously ruling on all three. In its ruling, the Supreme Court criticized Schmitz's handling of the case and declared the actions of Chisholm and Schmitz were violations of the targets' First Amendment rights to political speech.[44][45]

The Supreme Court, in interpreting Wisconsin's campaign finance law, ruled "that the definition of 'political purposes' [...] is unconstitutionally overbroad and vague under the First Amendment to the United States Constitution and Article 1, Section 3 of the Wisconsin Constitution because its language 'is so sweeping that its sanctions may be applied to constitutionally protected conduct which the state is not permitted to regulate.'"[44]

The court noted that since issue advocacy is "beyond the reach of Ch. 11," Schmitz's theory of illegal coordination between Walker's campaign and social welfare groups was invalid. The court further declared "the special prosecutor's legal theory is unsupported in either reason or law," thereby declaring an official end to the John Doe II investigation.[44]

Regarding the other two cases addressed in the ruling, the court denied Schmitz's supervisory writ and affirmed Peterson's original motion to quash the subpoenas. It also ruled that the John Doe II judges, Peterson and Barbara Kluka before him, had not "violated a plain legal duty" by allowing the appointment of one judge and one special prosecutor to preside over a multi-county John Doe, though the court did concede "the circumstances surrounding the formation of the John Doe investigation raise serious concerns."[44]

In its ruling, the court ordered that "everything gathered as potential evidence—including thousands of pages of emails and other documents—be returned and all copies be destroyed." Wisconsin Attorney General Brad Schimel (R) said the court's decision "closes a divisive chapter in Wisconsin history."[46][47]

GAB's involvement[edit]

The GAB was brought into the first of the two John Doe investigations when, on April 19, 2010, the organization received a complaint from a girlfriend of a Walker donor stating that contributions had been made by other people on behalf of the donor, William Gardner, in order to skirt contribution limits.[48][25] On May 10, 2010, the GAB initiated an investigation into the allegations.[48] Gardner admitted to using money from his business, Wisconsin & Southern Railroad Co., to reimburse employees for making political contributions to the campaigns of Walker and several others. This allowed Gardner to exceed the $10,000-per-individual cap placed on Wisconsin gubernatorial elections.[48]

On May 18, 2010, the GAB and Milwaukee County ADA Bruce Landgraf decided to combine the two investigations under the Milwaukee County John Doe, despite the fact that Gardner resided in another jurisdiction, Washington County, and the allegations against him had no relation to the missing funds.[49] That same day, Gardner contacted the GAB and agreed to cooperate.[50][48]

The GAB's involvement in the second John Doe investigation was more controversial. In June 2013, the GAB met with Chisholm and district attorneys from four other counties to present evidence against some of the targets who were out of Chisholm's jurisdiction.[51] Columbia County DA Jane Kohlwey, Iowa County DA Larry Nelson and Dodge County DA Kurt Klomberg all petitioned to launch John Does in their counties in July, followed in August by Dane County DA Ismael Ozanne. Justice Shirley Abrahamson appointed Barbara Kluka as the John Doe judge for the four other counties; she immediately signed secrecy orders for those investigations. The five DAs sent a letter to Kluka asking that Francis Schmitz be named a special prosecutor and that the five John Doe be combined into one, which she granted.[52][53]

Shortly before becoming special prosecutor, the GAB had brought on Schmitz as a special investigator, along with Dean Nickel.[54][55] On September 30, Kluka signed 30 subpoenas and five search warrants.[51]

In a federal lawsuit brought by John Doe II target Eric O'Keefe, O'Keefe pointed out a number of examples where left-leaning groups, individuals or candidates engaged in activities that were seemingly very similar to those that prompted the John Doe investigations but were either never investigated or dismissed by the GAB and Chisholm.[25]

On May 28, 2014, O'Keefe filed a lawsuit in state court against the GAB and its director, Kevin Kennedy, for their involvement in the investigations. The lawsuit alleged the GAB had no statutory authority to participate in a criminal investigation.[56][57]

The GAB fought to keep the documents related to the suit from the public eye, but Waukesha County Circuit Court Judge Lee Dreyfus ordered portions to be unsealed in December 2014. The documents showed that GAB staff continued to investigate conservative groups even after the board voted to shut down the investigation.[51][58]

Dreyfus set a tentative trial date in September 2015.[59]

In October 2015, state Rep. Dean Knudson (R) introduced a reform plan that "would split the GAB into two separate commissions, one regulating ethics laws and the other covering elections. It would be similar to the system the GAB replaced in 2007." According to an article by Wisconsin Public Radio, "[ma]ny conservatives have cited the GAB’s involvement in the John Doe as the primary reason the agency should be eliminated. Assembly Speaker Robin Vos said it was a factor."[3] Governor Scott Walker signed the bill into law on December 16, 2015.[2]

See also[edit]

External links[edit]

Footnotes[edit]

  1. Wisconsin Public Radio, "Republicans Reveal Plan To Break Up Government Accountability Board," October 7, 2015
  2. 2.0 2.1 Wisconsin State Journal, "Scott Walker signs bills dismantling GAB, overhauling campaign finance law," December 16, 2015
  3. 3.0 3.1 Wisconsin Public Radio, "GAB Chair Blasts Conservatives On Wisconsin Supreme Court," October 7, 2015
  4. Wisconsin Government Accountability Board, "Government Accountability Board," accessed July 20, 2015
  5. Wisconsin Government Accountability Board, "Former Elections Board," accessed July 20, 2015
  6. 6.0 6.1 Wisconsin Government Accountability Board, "Introduction to the G.A.B.," accessed May 11, 2011
  7. Milwaukee Journal Sentinel, "Incoming Senate leader favors political appointees over judges on GAB," December 3, 2012
  8. Milwaukee Journal Sentinel, "Walker says overhauling GAB not on his agenda," December 5, 2012
  9. 9.0 9.1 9.2 E-mail communication with Reid Magney, GAB public information officer, April 27, 2012
  10. Wisconsin Elections Commission, "Government Accountability Board," accessed May 18, 2020
  11. Ballotpedia staff, "Email communication with Reid Magney, Wisconsin Elections Commission, Reid.Magney@wisconsin.gov," on May 18, 2020
  12. Wisconsin Government Accountability Board, "Judge Gerald C. Nichol," accessed July 20, 2015
  13. Milwaukee Journal Sentinel, "Nonpartisan Government Accountability Board faces partisan charges," June 7, 2011
  14. WisPolitics, "GAB: Governor receives nominees to Government Accountability Board," April 12, 2011
  15. Milwaukee Journal Sentinel, "Walker appoints judge to Government Accountability Board." June 17, 2011
  16. Wisconsin Government Accountability Board, "Governor Receives Nominees to Government Accountability Board," accessed February 23, 2012
  17. Wisconsin Government Accountability Board, "Judge Elsa Lamelas," accessed July 20, 2015
  18. Wisconsin Government Accountability Board, "Judge John Franke," accessed July 20, 2015
  19. Chippewa Valley Post, "Report card: Barland reflects on time with Government Accountability Board," June 2, 2015
  20. Wisconsin Government Accountability Board, "Past Members of the Government Accountability Board," accessed May 11, 2011
  21. Wisconsin Government Accountability Board, "Judge Michael Brennan," accessed July 20, 2015
  22. Wisconsin Government Accountability Board, "Judge Thomas Cane," accessed July 20, 2015
  23. Milwaukee Journal Sentinel, "Scott Walker withdraws nomination to Government Accountability Board," November 4, 2013
  24. 24.0 24.1 24.2 Wisconsin Government Accountability Board Complaints
  25. 25.0 25.1 25.2 25.3 25.4 United States District Court for the Eastern District of Wisconsin Milwaukee Division, "Eric O’Keefe, and Wisconsin Club for Growth, Inc.," accessed February 23, 2015
  26. Free Republic, "Operation Freedom: Milwaukee County Zoo," July 1, 2005
  27. Milwaukee Journal Sentinel, "Authorities seize computer of Walker aide," August 23, 2010
  28. Wisconsin Reporter, "John Doe I judge says he’s not responsible for John Doe II," June 10, 2014
  29. Milwaukee Journal Sentinel, "Walker appointees charged in John Doe investigation," January 6, 2012
  30. Wisconsin State Journal, "New charges in John Doe investigation allege pattern of illegal fundraising among Walker aides," January 27, 2012
  31. Milwaukee Journal Sentinel, "Walker recall effort kicks off," November 15, 2011
  32. Wisconsin Government Accountability Board, "Canvass Results for 2012 JUNE 5 RECALL ELECTION," accessed July 2, 2015
  33. United States District Court Eastern District of Wisconsin (Milwaukee), "O'Keefe et al v. Schmitz et al," February 10, 2014
  34. United States Court of Appeals for the 7th Circuit, "ERIC O’KEEFE, et al., v. JOHN T. CHISHOLM, et al.," accessed July 19, 2015
  35. Wall Street Journal, "Wisconsin Political Speech Raid," November 18, 2013
  36. 36.0 36.1 State of Wisconsin Circuit Court Waukesha County, "ERIC O’KEEFE, and WISCONSIN CLUB FOR GROWTH, INC. v. WISCONSIN GOVERNMENT ACCOUNTABILITY BOARD, and KEVIN J. KENNEDY," accessed July 19, 2015
  37. United States Court of Appeals for the 7th Circuit, "ERIC O'KEEFE and WISCONSIN CLUB FOR GROWTH INCORPORATED, v. JOHN T. CHISHOLM, BRUCE J. LANDGRAF and DAVID ROBLES," accessed July 19, 2015
  38. Wall Street Journal, "Wisconsin Political Speech Victory," January 10, 2014
  39. United States District Court for the Eastern District of Wisconsin Milwaukee Division, "ERIC O’KEEFE, and WISCONSIN CLUB FOR GROWTH, INC., v. FRANCIS SCHMITZ, et. al.," accessed July 19, 2015
  40. Watchdog.org, "Target files civil rights lawsuit against Wisconsin’s John Doe prosecutors," February 10, 2014
  41. STATE OF WISCONSIN SUPREME COURT, "Citizens for Responsible Government Advocates, Inc., v. Thomas Barland, et. al.," accessed July 19, 2015
  42. Watchdog.org, "GAB, Milwaukee County DA bail on key provision behind war on conservatives," November 6, 2014
  43. Watchdog.org, "Federal judge’s judgment takes John Doe probe off life support," February 1, 2015
  44. 44.0 44.1 44.2 44.3 Supreme Court of Wisconsin, "Case No. 2013AP296-OA & 2014AP417-W through 2014AP421-W & 2013AP2504-W through 2013AP2508-W," accessed July 17, 2015
  45. Watchdog.org, "Wisconsin Supreme Court shuts down John Doe investigation, affirms First Amendment," July 16, 2015
  46. Milwaukee Journal Sentinel, "4-2 ruling halts inquiry focusing on campaign finance laws," July 16, 2015
  47. Wisconsin State Journal, "Supreme Court ends John Doe probe that threatened Scott Walker's presidential bid," July 16, 2015
  48. 48.0 48.1 48.2 48.3 Milwaukee Journal Sentinel, "Walker donor broke political contribution rules," May 19, 2010
  49. Milwaukee Journal Sentinel, "Investigations target Walker donor, aide," September 27, 2010
  50. State of Wisconsin Circuit Court Waukesha County, "Eric O'Keefe et al v Government Accountability Board et al," accessed February 24, 2015
  51. 51.0 51.1 51.2 State of Wisconsin Circuit Court Waukesha County County, "Eric O'Keefe v Government Accountability Board," December 19, 2014
  52. State of Wisconsin Court of Appeals District IV, "Three Unnamed Petitioners v Honorable Gregory A Peterson, et al," December 23, 2013
  53. Center for Media and Democracy, "Bipartisan Prosecutors Call Scott Walker a Liar for His Attacks on Corruption Probe," May 1, 2015
  54. United States District Court for the Eastern District of Wisconsin Milwaukee Division, "Declaration of Francis Schmitz," April 15, 2014
  55. United States District Court for the Eastern District of Wisconsin Milwaukee Division, "Declaration of Dean Nickel," April 14, 2014
  56. State of Wisconsin Circuit Court Waukesha County, "Complaint," May 28, 2014
  57. Wisconsin Reporter, "John Doe targets sue Wisconsin’s Government Accountability Board," May 20, 2014
  58. Wisconsin Reporter, "Rogue agency defied judges to carry out partisan probe of Wisconsin conservatives," December 19, 2014
  59. Wisconsin Reporter, "Conservatives to court: Open up records on GAB’s role in John Doe," December 5, 2014

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