Are Campaign Election Laws Really Unenforceable?

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One candidate running for Rock County judge seems to have a rather novel approach to seeking public office that could, during a time of high unemployment, catch on for many folks seeking a steady job.

The problem stems from a challenge of constitutional law regarding the candidate who appears to come up 15 days short of the five year attorney licensee requirement necessary for election, but is pushing forward with his candidacy anyways. The Wisconsin Constitution sets out criteria for people who seek judgeships, it reads...

"To be eligible for the office of supreme court justice or judge of any court of record, a person must be an attorney licensed to practice law in this state and have been so licensed for 5 years immediately prior to election or appointment."

According to this article in the Janesville Gazette, the state's Government Accountability Board appears either unable or unprepared to answer the constitutional question about campaign law and seems more willing to let the voters decide the issue.

Now, whatever the GAB might eventually decide on regarding this particular candidate's election status is not part of my focus. What I find very interesting up to this point in time is the candidate's defense to move forward...

JG Excerpt: (Jan. 29, 2012)
When an election law is unclear it gives way to "the will of the electorate," McDonald said. In other words, if McDonald were to win, the electorate would have made the decision in his favor.

Of course an individual's perception about an election law being "clear" or "unclear" is purely subjective. But what this means, from initial statements and direction from the GAB and the candidate, is that any person can run for any office with total disregard of campaign laws based on any incongruity they so choose. If they win election, the "will of the electorate" issued their verdict on any issues of eligibility that may arise.

I find that concept both fascinating and a mockery of law if the GAB leaves this open ended. Given that call, there is no reason why anybody would be deemed unqualified or exempt from seeking any office they so choose.

There should be dozens of people running for Rock County judge.

Rogue County Clerk Rediscovers 7,500 Votes For Prosser

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This is unbelievable. I never acknowledged a Kloppenburg victory due to the extremely close unofficial voting results. 200, 300, 400 votes are just too close to call when human error hasn't been factored in. It could have flipped either way with a good fight. But 7,500 ballots? Discovered only after a county clerk acknowledged that she broke protocol when she removed election data files from the county’s computer network and uploaded them to stand-alone personal computers accessible only in her office? Why does this only seem possible in Fitzwalkerstan?

According to this JSOnline article, Waukesha County Clerk Kathy Nickolaus' had previously clashed with county board members in January over election security in her office. Some of the computer software dates back to Windows95 and because some of her equipment is so dated - it no longer gets security updates, and her election systems are not connected to the county's system but are on stand-alone equipment. Nickolaus has previously scoffed at complying with impartial election audits, thumbing her nose at critics. It should be noted that arch-conservative Waukesha County is one of the wealthiest counties in the state.

So, who is Nickolaus? Kathy Nickolaus worked for Assembly Republican Caucus when Prosser was Speaker. Caucus is controlled by speaker, so he is her former boss. Source

In 2001, Nickolaus was granted immunity to testify about her role as a computer analyst for the Assembly Republican Caucus, then under investigation — along with the Senate Republican Caucus and the Democratic caucuses for both houses — for using state resources to secretly run campaigns. more here.

One Wisconsin: Election Returns: What Went On in Waukesha?

DailyKos: Why Prosser needed exactly +7,500 votes If those new numbers stand, Kloppenburg, not the state, will have to bear the costs of a recount if she demands one.

Mark Pocan: If you are pissed at how they “found” 7500 votes in Waukesha County, the Capitol of Fitzwalkerstan, go to this link and donate now!