Bill Glauber and Patrick Marley

Milwaukee Journal Sentinel

WAUKESHA - Stuck in a dead heat and with polls showing the public overwhelmingly supports health insurance protections for pre-existing conditions, Gov. Scott Walker said Thursday he wants to adopt a portion of Obamacare verbatim.

The pronouncement from the longtime foe of the Affordable Care Act came at the beginning of a bus tour as he and Democratic rival Tony Evers separately crisscrossed the state ahead of Tuesday's midterm elections.

"People want to know, they want to hear it directly from me that we will always cover people with pre-existing conditions," Walker told reporters during a campaign event at Mathison Manufacturing in Waukesha. "No matter what happens in the courts or in the Congress, in Wisconsin we'll codify that, the exact same language that's in the Affordable Care Act, we'll make sure that everyone living with pre-existing conditions is covered here in the state."

It marked a dramatic new course for Walker, who authorized Attorney General Brad Schimel to file a lawsuit this year seeking to end Obamacare. The case is pending in federal court in Texas.

Passing such sweeping protections for those with pre-existing conditions would be nearly impossible in the Republican-controlled state Legislature. The Assembly this year approved a bill to require coverage of pre-existing conditions, but it did not go as far as the Affordable Care Act. GOP Senate leaders could not muster the votes for that measure and it would be even harder to get them for a bill that went as far as what Walker proposed Thursday.

Evers, the state schools superintendent, said Walker couldn't be believed.

“Actions speak louder than words, folks," Evers said in a statement. "Politicians like Scott Walker are always talking out of both sides of their mouth and telling last-minute lies like this. The fact is that Scott Walker spent the past eight years trying to repeal the Affordable Care Act and its protections for pre-existing conditions. I’m going to protect coverage for people with pre-existing conditions, and Wisconsinites trust me on this issue because that’s what I’ve said since day one."

And Walker could not deliver everything included in his latest promise even if lawmakers got on board.

The federal Employee Retirement Income Security Act prohibits state laws from regulating private self-insured plans, according to a nonpartisan legislative analysis provided to state Senate Minority Leader Jennifer Shilling (D-La Crosse).

That means any protections passed by the Legislature would not apply to hundreds of private companies in Wisconsin that self-insure.

In May 2017, Walker said he would consider having the state opt out of Obamacare's pre-existing conditions protections if given the opportunity but hours later said he wasn't looking to do that. This year, he has touted protecting pre-existing conditions but until Thursday had never gone so far as to say he wanted to adopt part of Obamacare verbatim.

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Through a spokesman, Senate Majority Leader Scott Fitzgerald (R-Juneau) declined to say if he agreed with Walker on adopting a portion of Obamacare or whether he could get such a measure through his house. Assembly Speaker Robin Vos (R-Rochester) did not respond to questions about the issue.

Democrat Josh Kaul, who is running for attorney general, called on Walker to direct Schimel to withdraw from the Affordable Care Act lawsuit.

At a get-out-the-vote event in Milwaukee, Democratic U.S. Rep. Gwen Moore said of Walker's proposal, "It's a lie. L-I-E. It's a lie that he is trying to protect the provisions of the Affordable Care Act. Scott Walker is a big liar."

A Marquette University Law School Poll released Wednesday showed Evers and Walker tied at 47 percent among likely voters. That same poll showed that 82 percent said it was very important to have pre-existing conditions coverage for health insurance.

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Walker launched a bus tour Thursday, with stops from Waukesha to Green Bay. He was joined by House Speaker Paul Ryan, Lt. Gov. Rebecca Kleefisch and Republican U.S. Senate candidate Leah Vukmir.

Evers stopped early Thursday in Tomah before heading off for Eau Claire, Hudson, Superior and Ashland. His running mate, Mandela Barnes, is traveling with him.

Democratic U.S. Sen. Tammy Baldwin had appearances in Marshfield, Mauston and Madison.

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In Tomah — where Evers once worked as a teacher and principal — Evers emphasized fixing roads, putting more money toward schools and protecting coverage for pre-existing conditions.

He said Walker couldn’t be believed when it comes to the Affordable Care Act, especially after his brief run for president.

“He ran for president saying, ‘I have to be against the Affordable Care Act,’ ” Evers said at the Natural Connection coffee shop. “And if you’re against the Affordable Care Act, you’re against pre-existing conditions and protections for them.”

He also blasted Walker for refusing to take $1.1 billion in federal help under Obamacare that could have been used to expand health care and lower costs for state taxpayers.

“That’s our money to begin with,” Evers said. “We’re going to take that money and make sure we have good health care in the state of Wisconsin.”

Republicans in the final weeks of the campaign have focused on aspects of illegal immigration, with President Donald Trump saying he would end automatic citizenship for some babies born in the United States.

Legal scholars have said such a change would require a constitutional amendment and cannot be done by the president alone. Walker has declined to say what he thinks of the idea, but Evers said Walker has made it plain he backs Trump on the issue.

“Donald Trump and him apparently are in the same position,” Evers told reporters. “They want to change the Constitution. Well, that’s ridiculous.

“It’s been working for the country for how many years?" Evers said of birthright citizenship. "Other than the natives in this state, we’ve had continual generations of immigrants coming to Wisconsin. They’ve made what Tomah is, they’ve made what Crandon is. We feel good about immigration.”

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Evers is traveling in a school bus to emphasize his support for public education. In his speech, he joked that the bus' bouncy suspension reveals the condition of the state’s roads and the need to put more funds toward fixing them.

“There are Scott holes in the state of Wisconsin,” Evers said.

In Waukesha, Ryan lauded Vukmir as someone who "is going to stand up for our values, who is going to help move this country forward, who is going to help solve problems like we have been focusing on at the federal level."

Ryan called Walker "the greatest governor in the country" who "tackled Wisconsin's problems and as a result Wisconsin is doing so well."

Walker said the election for governor comes down to a clear choice "between more jobs and higher wages or more spending and higher taxes."

"Tony Evers plan is more spending and higher taxes," Walker said, claiming his opponent wants to raise a series of taxes.

"Tony's taxes will cost us jobs," he said. "Tony's taxes are a recipe for a return to a recession in the state of Wisconsin."

Walker told his supporters he needed help and said the airwaves have been filled with lies about his record on pre-existing conditions.

He criticized former President Barack Obama, who during a speech last week in Milwaukee charged Walker and other Republicans were lying about their record on health care.

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He recalled that in 2013 Politifact gave it's "Lie of the Year" to Obama for saying, "If you like your health care, you can keep it."

"That was the lie of the year," Walker said. "So, I guess if you're going to lie about health care and pre-existing conditions you might as well bring in the biggest liar in the world."

Walker said as long as he's governor everyone with a pre-existing condition will be covered. He said the issue was personal, since his wife, mother and brother all have pre-existing health conditions.

"We can protect people with pre-existing conditions without protecting the failure, the failure that is Obamacare," he said. He lauded a $200 million program to lower premiums for individuals who get coverage through the Obamacare marketplaces. The lower costs will start in January.

"That's the difference between proven leadership and Tony's talk," he said.

Molly Beck and Mary Spicuzza of the Journal Sentinel contributed to this article.