Wednesday, April 20, 2005

Walker wants whitewash

Milwaukee County Exec Scott Walker broke the law in promoting a risky bond scheme rejected by the voters two weeks ago. At least that's the way it looks on its face.

Walker wrote a memo on county letterhead urging a "yes" vote on the referendum.

The memo was e-mailed by a county employee, Fran Rudig, who works in Walker's county executive office. Presumably it went out widely, although it is unknown (at least to me) what list was used for distribution. The Journal Sentinel says it went to the Greater Milwaukee Committee and other businesses.

But it clearly was done at taxpayer expense. And it clearly urged voters to vote "yes," in the first paragraph and again in the last paragraph.

Four county supervisors complained that Walker had cross the legal line in using taxpayer money to tell taxpayers how to vote.

Kevin Kennedy, executive director of the State Elections Board, says: "If you spend public money to say vote yes or no, that's a violation of the public trust doctrine." That sounds pretty clear-cut.

But Walker doesn't want Kennedy's opinion. He has asked for a review by the County Elections Commission, and says he will abide by their judgment.

No wonder! Back to the newspaper story:

Election Commission Chairman Doug Haag, a Walker appointee, immediately pronounced his preliminary opinion that Walker had violated nothing. Haag said he had not read Walker's written request and was unfamiliar with the facts but felt that there likely was no problem. The dispute might not even have to come to the full commission, he said.

Haag, a Republican Party leader in the county and active Walker supporter, said he had received a heads-up from the county executive's office about the dispute.

So Haag, who's made up his mind to clear Walker before knowing any facts, says he might not even ask the rest of the Election Commission what they think.

There's one problem. Kennedy pointed out that this type of violation is not in the jurisdiction of the state or county elections commissions. It belongs with the District Attorney.

That is where it should go, despite Walker's attempt to name his own judge and jury by sending it to Haag and his commission. They should send it to the DA, where it belongs.

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