Civil Trial Counsel of Wisconsin - Political Tidbits October 25, 2002

October 25, 2002

Wisconsin political history continues to be rewritten as three top legislators appeared in court on Thursday to set bail and dates for preliminary court appearances. As noted in last week’s Tidbits, the immediate fallout will be the departure from leadership of two of the most powerful leaders in recent times. Majority Leader Chuck Chvala was replaced by interim co-leaders Risser and Decker on Monday, with a vote for Speaker Scott Jensen’s successor scheduled for after the elections on Nov. 12.

As the November elections approach, charges and counter charges are filling the airways. Boats and bingo dominate gubernatorial press releases, while finger pointing over the caucus scandals appears the weapon of choice in the legislative races. (For a taste, see selected articles in our news clips section, below)

On the policy front, Rep. Terry McCormick’s task force on local government health care reform released eleven draft bills to address health care costs. (See below.) On the upcoming budget debate, Jim Hough has updated his overview of the bipartisan proposal to address the budget deficit with some thoughts warranting consideration. See the article, below, and go to Jim’s updated Summary and Considerations of Fiscal Crisis Paper.

Wisconsin Politics
Senate Dems Choose Risser and Decker as Co-Leaders
In response to criminal charges filed last week, the Senate Democrats on Monday voted by secret ballot to remove Sen. Chuck Chvala from his Senate Majority Leader position. (See Oct. 18 Tidbits for details of the charges.) After more than three hours of debate in open caucus, Sens. Fred Risser (D-Madison) and Russ Decker (D-Schofield) were picked as interim co-leaders for the Senate Democrats to help guide them through the upcoming elections. The final, unanimous vote came after two prior ballots found the caucus evenly split 9-9 between the eventual co-leaders.

Senate Democrats plan to meet again after the elections on Thursday, Nov. 7 to elect their leaders for the 2003-04 Legislative Session. Apparently, Sen. Risser won’t seek the position for next session, citing his desire to stay on as Senate President. Decker, however, was positioning for next session’s Majority Leader position by outlining for the caucus his legislative goals for the session. Other names mentioned as possibly in the running for the leadership post include Sens. Rod Moen (Whitehall), Mark Meyer (La Crosse), Jon Erpenbach (Middleton), and Gary George (Milwaukee). The Democrats must maintain their majority status in the Senate through the November elections for any of them to get the coveted majority leadership position. (Currently, the Democrats have an 18-14 majority, with one vacancy)

In another fall-out from the caucus investigation, Assembly Speaker Jensen has agreed to step down as Speaker. The Assembly Republicans, who currently hold a 56-43 majority, will vote for a new leader Nov. 12.

Chvala, Jensen, Foti make Initial Court Appearances
On Thursday, Sen. Chvala and Reps. Jensen and Foti, as well as former Assembly staffer Sherry Schultz, made their initial court appearances in response to criminal complaints filed last week. (Rep. Ladwig, charged with a misdemeanor, was not required to make an initial appearance.) The purpose of the appearances was to set bail and select a preliminary court hearing date. All were released on $1,000 signature bonds, with the preliminary hearing set for Nov. 12 for Jensen, Foti and Schultz. Sen. Chvala’s preliminary hearing was set for the week of Dec. 16.

One unusual aspect of what is normally a routine proceeding was the request by the prosecution to add a condition to Chvala’s bail forbidding witness contacts by the Senator. The court denied the request citing state law that already forbids acts of intimidation of witnesses.

Doyle Holding Steady in Latest Poll
According to a We the People/Wisconsin poll released this week, Doyle appears to be maintaining about an eight-point lead going into the last two weeks before the election. The poll, which was conducted on Oct. 20 and 21, shows Doyle at 46 percent, McCallum at 38 percent, Ed Thompson at eight percent and Jim Young at three percent. Undecided are at five percent. In contrast, an internal McCallum poll shows Doyle with only a four percent lead. (For an overview of the upcoming elections, go to Andy Franken’s 2002 Elections Update.)

Policy Developments
Governor Calls Special Session
In response to the criminal charges filed against legislative leaders last week, Gov. Scott McCallum has announced he will call a special session for Wednesday, Nov. 13 to enact a Corrupt Practices Act. Major provisions to McCallum’s Corrupt Practices Act include the following:

Merging the Elections and Ethics Board and create one permanent investigator and attorney.
Banning all fundraising from the time the biennial budget is introduced to when it is enacted.
Prohibiting "pay to play."
Applying a code of ethics to individuals immediately following their election to office.

In a related development, Republican Senators Mike Ellis (Neenah) and Rob Cowles (Green Bay) outlined their proposal for The Wisconsin Ethics and Elections Accountability and Control Board. The new independent, nonpartisan board would be organized and under the control of the Wisconsin Supreme Court. The proposal would move the current duties and functions of the State Elections Board and the State Ethics Board to the new board.

Assembly Democrats, led by Minority Leader Spencer Black (D-Madison), issued an Oct. 25 press release outlining their own 9-point reform plan. The Democrats’ Force for Reform Plan would:

Reduce the dependence on special interest money
Prohibit "Pay to Play"
Prohibit fundraising from the day the legislature convenes to when the budget bill is enacted
Prohibit cabinet officials from campaigning
Prohibit lobbyists from "arranging for" anything of value to be given to a legislator or official
Permit the Supreme Court to appoint members of the Elections Board; add an investigator
Prohibit "issue ads"
Require candidates to appear in their own ads that mention an opponent’s name
Prohibit the use of taxpayer dollars to legislators’ legal fees

Speaker’s Task Force on Local Government Health Partnerships
The Speaker’s Task Force on Local Government Health Partnerships, headed by Rep. Terry McCormick (R-Appleton), has released 11 preliminary bill drafts on local government health care reforms. The Task Force, which has been meeting since May, was initially created to explore partnership opportunities that may lead to substantial cost savings for local governments by examining the feasibility of a statewide health insurance guideline for local governments.

The Task Force plans to take executive action on the following bill drafts at its next meeting on Wednesday, Oct. 30 in Room 225 NW, Capitol.

Bipartisan Budget Proposal Continues to Draw Interest
At the recent Economic Summit in Milwaukee, nine former state officials presented paper The Fiscal Crisis in Wisconsin - An Analysis of its Origins, Implications and Solutions. (43 pages pdf) The paper offered a package solution aimed at broadening the discussion on ways to address the state's deficit heading into the next biennial budget discussions. The proposal has gotten significant media attention and has been the topic of discussion among many statewide associations and individual businesses. For an overview of the proposal and related policy considerations, go to Jim Hough’s updated Summary and Considerations of Fiscal Crisis Paper.

Federal Developments
Senate Sets Enron Hearing
The Senate Governmental Affairs Committee has scheduled an Oct. 29 hearing on federal oversight of Enron, the committee announced Monday. The hearing, which will be held just one week before the election, will focus on the role of the Federal Energy Regulatory Commission in regulating the now-bankrupt energy trader. Visit the Government Affairs Committee Website:
http://www.senate.gov/~gov_affairs/

USDA Announces $75 Million in Grants for Rural Economic Development
Agriculture Secretary Veneman announced Tuesday that the USDA has made $75 million available for economic development, energy and infrastructure projects around the country. For more information go to: http://www.usda.gov/news/releases/2002/10/0457.htm

Political News
Tribe flexes influence in Doyle-friendly ads: Milwaukee Journal Sentinel, Oct. 25, 2002. Mine ads are first to give indirect Indian backing.

Chvala, Jensen and Foti appear in court: Wisconsin State Journal, Oct. 25, 2002. Three top lawmakers appeared to begin answering to charges in the state Capitol corruption investigation.

The Kenosha bingo affair: Milwaukee Journal Sentinel, Oct. 25, 2002. Sleazy? Yes. But in this increasingly bitter campaign, it's pretty small change - literally.

Picking legislative leaders (opinion): Milwaukee Journal Sentinel, Oct. 24, 2002. In judging Decker and other aspirants, Senate Democrats ought to consider a few key questions.

Doyle supports investigation of event: Appleton Post-Crescent, Oct. 24, 2002. Deflected allegations of illegal campaigning.

Candidates take records to task: Appleton Post-Crescent, Oct. 24, 2002. Lautenschlager, Biskupic spar in first debate for AG.

Decker stands firm by top aide: Ashland Daily Telegram, Oct. 23, 2002. Senators reported that Decker informed his colleagues he would not fire Worcester to become floor leader.

State wants health cost help: Madison Capital Times, Oct. 23, 2002. About two-thirds of covered state workers have nothing taken out of their paychecks for health insurance.

Dems sue Biskupic for records: Appleton Post-Crescent, Oct. 23, 2002. Seeking access to crime prevention fund records.

McCallum pushes inquiry of Doyle: Milwaukee Journal Sentinel, Oct. 23, 2002. Governor defends his TV ad; Democrat calls it deceptive.

Dems want former McCallum aide 'to talk': St. Paul Pioneer Press, Oct. 23, 2002. Schultz spent six years as then-Lt. Gov. McCallum's chief of staff before taking the caucus job.

Change in legislative leadership seen as Capitol gain: Milwaukee Journal Sentinel, Oct. 22, 2002.
Lawmakers, observers say concentration of power undermined democracy.

Chvala recall? Madison Capital Times, Oct. 22, 2002. Ouster talk in the air, foes of senator say.

Democrats pick Risser, Decker as co-leaders: Wisconsin State Journal, Oct. 21, 2002. Will assume the duties until more permanent replacement decided on after the Nov. 5 election.

Ethics Board investigates governor's use of boat: Wisconsin State Journal, Oct. 21, 2002. DNR arranged in about 2001 for the governor to use the boat

Great Scott, seems these rivals have got plenty in common: Milwaukee Journal Sentinel, Oct. 21, 2002. But foes might not see it as all that jim-dandy.

Gard ready to seek speaker’s seat: Green Bay Press-Gazette, Oct. 21, 2002. “I reflected on it and talked to my colleagues, and I felt it was time to take the next step,” said Gard, R-Peshtigo.

Ambition trumps duty in Madison: Milwaukee Journal Sentinel, Oct. 20, 2002. Charges tell tale of arrogance, power in Capitol.

Cleaning up state politics may get easier after Legislature’s scandals: Appleton Post-Crescent, Oct. 20, 2002. Campaign finance reform, ethics move up priority list.

Gov calls special legislative session: Madison Capital Times, Oct. 19, 2002. Will address corruption scandal.

Upcoming Fundraisers
Monday, Oct. 28:

Waukesha Co. Republican Party, Pewaukee, 6:30 p.m.
Jack Voight (R), State Treasurer, Madison, 4:30 p.m.
US Rep. Tom Petri (R), Milwaukee, 5:30 p.m.
Peg Lautenschlager (D), AG Candidate, Milwaukee, 5:30 p.m.

Tuesday, Oct. 29:

Lt. Gov. Margaret Farrow (R), Middleton, 6:00 p.m.
Rep. Dan Vrakas (R-Hartland), Madison, 5:00 p.m.
Rep. Lorraine Seratti (R-Florence), Marinette, 5:00 p.m.

Wednesday, Oct. 30:

Peg Lautenschlager (D) AG Candidate, Madison, 5:00 p.m.
Jim Doyle (D), Milwaukee, 5:30 p.m.

Thursday, Oct. 31:

Peg Lautenschlager (D) AG candidate, Kenosha, 5:00 p.m.
Peg Lautenschlager (D) AG candidate, Racine, 6:00 p.m.
Rep. Dan Vrakas (R-Hartland), Hartland, 5:30 p.m.

Details and a monthly calendar of upcoming fundraisers can be found on The Hamilton Consulting Group’s Web site.