Civil Trial Counsel of Wisconsin - Political Tidbits November 1, 2002

November 1, 2002

Many of the key races appear to have tightened in these critical last days before next Tuesday’s elections. In the most watched race, Democratic A.G. Jim Doyle continues to outpace Republican Gov. McCallum in the polls, but the gap is closing somewhat according to some recent polling.

The races which will determine control in the State Senate are emerging as the key non-gubernatorial contests. The key Senate races are:

5th –Tom Reynolds (R) vs. George Christenson (D)
9th – Jim Baumgart (Incumbent-D) vs. Rep. Joe Liebham (R)
21st – Kim Plache (Incumbent-D) vs. Cathy Stepp (R)
31st – Rod Moen (Incumbent-D) vs. Ron Brown (R)

The Republicans still have the daunting task of winning three of these four races to wrestle control from the Democrats, but their candidates – particularly Stepp and Brown – got a boost by the opportune filing of criminal charges against Democratic Senate Majority Leader Chvala.

We will publish a special elections report the day after the Nov. 5 elections. For a refresher of the key races, go to Andy Franken’s election update at:
http://www.hamilton-consulting.com/updates/elections_franken.html

Wisconsin Politics
Polls Continue to Show Doyle with Lead over McCallum
Four polls were released this week, with two showing Doyle outpacing McCallum by 7-8 points, and two others showing McCallum within 2 points. Polls should always be suspect, but it does appear that McCallum may be within striking distance as Election Day approaches.

The Badger Poll, conducted by the UW Survey Center for the Milwaukee Journal Sentinel and the Capital Times, shows Doyle seven points over McCallum (41% to 34%), with12 percent undecided. The St. Norbert College Poll shows Doyle with a 41-33 percent lead, with 14 percent undecided. Contrasting these polls are those by WTMJ-TV and the UW-Milwaukee’s Center for Urban Initiatives and Research. Both of these polls show McCallum within two points (38-36), well within the polls’ margin of error.

Chvala Facing Possible Recall; Legal Filings to Delay Trial
A group calling itself Voters for Ethical Government has filed recall papers with the State Elections Board that target embattled Sen. Chuck Chvala (D-Madison). The group has 60 days from Oct. 29 to collect 14,477 signatures from the newly redrawn 16th Senate District. If the group is successful in collecting the necessary signatures, there will be a special election in the 16th Senate District, which encompasses eastern and northern Dane County and parts of southern and eastern Columbia County. Sen. Chvala is not up for reelection this November.

In the fight of their lives, Chvala, Speaker Jensen, and others charged in the caucus investigation are expected to file various motions to dismiss the criminal complaints. It was reported that Dane County Circuit Judge Daniel Moeser has set preliminary hearings for January after a meeting on Wednesday with lawyers for the defendants. The lawyers conveyed to the judge their intent to file various motions attacking the complaints. Chvala’s attorney, for example, intends to renew his argument that Milwaukee County District Attorney E. Michael McCann has a conflict of interest in the case. (Go to Tidbits Archives for more details on the Capitol caucus scandal.)

Court Gives Prosecutors Green Light to Proceed against Burke
In an Oct. 31 Decision, the 4th District Court of Appeals ruled that the criminal proceedings against Sen. Brian Burke will go forward. The Court agreed with Dane County Circuit Judge Angela Bartell, who earlier rejected Burke’s claim that, as a sitting legislator, he has immunity while the Legislature is technically in session. Burke (D-Milwaukee), who chaired the powerful Joint Finance Committee, was the first charged in the caucus investigation and faces 18 felony charges.

Policy Developments
DHS Budget Requests Heighten Concerns over State Fiscal Problems
Reports surfaced this week on the more than $600 million the Department of Health and Services will need in additional GPR next biennium to deal with projected caseloads in the Medical Assistance, BadgerCare and SeniorCare programs. While this figure represents a budget request that must be reviewed, approved by the Governor, and ultimately approved or disapproved by the Legislature, it does underscore the pressure that will be felt in trying to deal with the state’s documented budget deficit of $2.8 billion going into the next biennium.

The $2.8 billion deficit for the 2003-05 Biennium reflects the difference between 2002/03 (base year) spending commitments and revenues, as affected by the budget adjustment bill, and projected forward to the next biennium. It does not take into account revenue growth in the next biennium and it does not take into account any increases in GPR programs compared to the base year. The attention given to the DHFS budget request this week should be viewed as a reminder that, in addition to dealing with the deficit, the Governor and the Legislature also must deal with priority GPR spending increases to achieve a balanced budget. (See Pat Osborne’s Oct. 18 Budget Update for more details.)

Fiscal Bureau Outlines GPR Cuts Needed to Balance Budget
To bolster his “no-tax-increase-needed” argument, Rep. Steve Wieckert (R-Appleton) requested the Legislative Fiscal Bureau outline how much state programs would have to be cut to balance the state budget. In an Oct. 23 memo to Wieckert, Fiscal Bureau Director Bob Lang provided the following chart.

	Across-the-Board Percent Reductions
Growth Assumption	2003-04	2004-05
No Revenue Growth	11.4	12.7
1 Percent Growth	10.4	10.9
3 Percent Growth	8.6	7.2
5 Percent Growth	6.7	3.3

Lang emphasized two points in his memo. First, the percentage reductions shown in each year are reductions from 2002-03 net appropriations, adjusted for commitments currently in place for each year of the 2003-05 biennium. Second, in this exercise, the only appropriations not subject to the across-the-board reductions are those for debt service. If other appropriations would not be subject to the reductions (as they most certainly would), the percentages shown on the chart would increase.

McCallum Announces Disaster Relief
Gov. Scott McCallum announced this week that disaster assistance checks totaling more than $1.4 million will be distributed to local governments in eight Wisconsin counties. The assistance is for damage caused by a series of severe storms that hit the counties from June 21 to 25. The money was made available under the Presidential Disaster Declaration signed by President Bush on July 19. It will help reimburse communities for costs associated with debris removal and repairs to roads and highways.

Federal Developments
Wisconsin Joins Suit against EchoStar/Hughes Electronics Merger
Attorney General Jim Doyle announced that Wisconsin has joined the lawsuit to block the proposed merger between EchoStar Communications Corp. and Hughes Electronics Corp. The lawsuit, brought by Doyle, the Antitrust Division of the U.S. Department of Justice, and the Attorneys General of 22 other states, the District of Columbia and Puerto Rico, was filed this week in federal district court in Washington, D.C. The AGs opposition comes despite concessions EchoStar offered last week to bolster a rival company and avoid concerns about a potential monopoly.

Political News
Despite 2000 debacles, voters will find few changes at polls: Milwaukee Journal Sentinel, Nov. 1, 2002. Municipal clerks and state elections officials promise increased vigilance.

State may sink deeper into debt: Appleton Post-Crescent, Oct. 31, 2002. Deficit could hit $3.5 billion.

Chvala recall campaign begins: Madison Capital Times, Oct. 31, 2002. Requires 14,477 signatures within 60 days.

Tight state races mean big spending: Appleton Post-Crescent, Oct. 31, 2002, Volume of political ads will increase.

It will be a long time till caucus trials start: Madison Capital Times, Oct. 31, 2002. Lawyers have numerous motions in the works to try to get the cases against their clients dismissed.

Court won’t delay Burke caucus case: Appleton Post-Crescent, Oct. 31, 2002. Dismissed his claim that he can’t be prosecuted while the Legislature is in session.

A campaign like no other: Eau Claire Leader-Telegram, Oct. 31, 2002. Mondale launches Senate bid in place of Wellstone.

Legislators seek joint caucus: Madison Capital Times, Oct. 29, 2002. Budding movement stresses reform, diluting power.

Hopefuls spend 4-year record of $16.7M: Milwaukee Journal Sentinel, Oct. 30, 2002. It's more than twice the total for last election.

2 state senators return money tied to Chvala: Milwaukee Journal Sentinel, Oct. 30, 2002. Plache, Moen each send back $500; 2 others silent.

Candidates for governor spar over budget deficit: Wisconsin State Journal, Oct. 30, 2002. Discussion at the We the People/Wisconsin debate in Madison remained focused on the budget.

Sun may set on reign of star GOP governors: Milwaukee Journal Sentinel, Oct. 28, 2002. Massive turnover of state leaders would have major political implications.

Mud in governor's race may stick to winner: Milwaukee Journal Sentinel, Oct. 27, 2002. Tough issues facing state sidelined by negative campaigns.

Gubernatorial candidates take varied stances on environment: Appleton Post-Crescent, Oct. 27, 2002. Crandon mine property, Fox River PCBs among top issues.

TV viewers awash in negative ad sea: Wisconsin State Journal, Oct. 27, 2002. Viewers may be discouraged, frustrated and left trying to sort truth from fiction.

Deficit creates balancing act: Eau Claire Leader-Telegram, Oct. 27, 2002. Budget cut ideas part of platforms.

Election cost expected to rise due to absentee ballot push: Fond du Lac Reporter, Oct. 27, 2002. In recent years, the state has loosened absentee ballot voting restrictions

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