The Reference Bureau cannot publish the bill unless it has been given a publication date by the secretary of state, Ozanne wrote, and the secretary of state must publish notice of the bill in the Wisconsin State Journal, the state's official newspaper, for it to become law.

Madison Mayor Dave Cieslewicz and City Attorney Michael May said the Reference Bureau's action "has no legal effect."

"We think the governor has to follow the law and not make it up as he goes along," Cieslewicz said.

A hearing in the case was set for 8:30 this morning, but the Justice Department asked that it be canceled.

Howard Schweber, a UW-Madison law professor, said Attorney General J.B. Van Hollen has crafted a "clever" argument that contends filers of the lawsuit "blew it" by not including the Reference Bureau in their suit.

"I still expect that tomorrow, in court, the argument will not carry a lot of weight with the judge," he said.

When asked about the many questions surrounding the new law, Huebsch said the legal advice he received indicated the Reference Bureau correctly published the law on Friday. Huebsch declined to name who had given him that advice, saying only it was the DOA's legal team.