Judge denies delay to Wisconsin Gov. Scott Walker in calling two special elections

MADISON - For the second time in less than a week, a Dane County judge Tuesday told Gov. Scott Walker he must quickly order special elections to fill two legislative seats that have been vacant since December.

Under the orders, Walker has until Thursday to call the special elections, which would likely be held in June.

The governor and his fellow Republicans who control the Legislature are seeking to approve legislation next week that could cancel the need for special elections and give Walker broader powers to determine when to allow voters to fill vacancies in the Legislature.

Circuit Judge Richard Niess noted the legislation to avoid the elections is slated to be taken up without voters from those districts having representation in the Senate and Assembly.

"They have no say in that bill at all," Niess said.

UPDATE: Appellate court rejects Gov. Walker appeal to hold off on special elections in Wisconsin.

In a late-night filing Monday, Walker asked the court to put off for a week the requirement that he call the special elections so the bill could get through the Legislature. Niess turned down the request.

"It is certainly the Legislature’s prerogative to change the law, but until they do, it is the obligation of this court to enforce the law, and the law right now in this state under that statute and by order of this court is that this election shall be held as promptly as possible and that it should be ordered no later than Thursday at noon," Niess said from the bench.

Spokespeople for Walker and GOP Attorney General Brad Schimel did not say if they would appeal the ruling.

The initial ruling that he must call the special elections came last week from Dane County Circuit Judge Josann Reynolds. She was on vacation Tuesday, so Niess took over the case for the day.

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Sen. Frank Lasee (R-De Pere) and Rep. Keith Ripp (R-Lodi) stepped down in December to take jobs in Walker’s administration. Walker didn't call for special elections to fill those seats despite a law that requires them to be held promptly.

In February, voters in those districts and a group affiliated with former U.S. Attorney General Eric Holder filed a lawsuit demanding special elections. Reynolds — who was appointed to the bench by Walker in 2014 — agreed with them last week, finding that state law was clear that Walker was required to quickly call special elections.

In response, Walker, Senate Majority Leader Scott Fitzgerald (R-Juneau) and Assembly Speaker Robin Vos (R-Rochester) committed themselves to changing the special elections law. They plan to take up a bill to do that next week, even though some Senate Republicans have expressed reservations about the legislation.

Niess was not persuaded that the legislative plans should make him change the court order.

"No court that I’m aware of is at liberty to ignore the law in order to facilitate the Legislature’s consideration of bills that might become law," he said from the bench. "When and if a legislative bill becomes the law, it can be brought to the court and at that time the arguments can be made as to what the effect of that law is on an already pending (litigation)."

Senate leaders cannot afford to lose more than one vote because all Democrats are expected to oppose the measure.

Walker and other Republicans have said it would be a waste of taxpayer money to hold elections because the legislative session is almost over and voters will have a chance to fill the seats in the regular November elections.

Their argument ignores the fact that constituents often contact their legislators for help when the Legislature is not in session. It also discounts the possibility that lawmakers could call themselves back into session this summer — as they are doing next week to take up the bill to try to block the special elections.

"It’s just a waste of taxpayers’ money," Walker told reporters Tuesday at a stop in Pewaukee. "The Legislature would be adjourned before a special election was held so (candidates would) ... have to be running for the fall election for a state legislative seat at the same time there would be a special election for a seat that wouldn’t get to vote on anything until after the fall election anyway."

The GOP leaders' plan, Assembly Bill 947, would eliminate the requirement that Walker call elections promptly. It would also bar holding special elections after the spring election in the year the legislative seat would ordinarily be filled — including this year. This year's spring election is next week, on April 3.

The two sides disagree on whether the legislation could undo the court order to hold the special elections. If the bill passes, that issue is expected to be addressed in court.

The bill's passage isn't secure in the Senate, where Sen. Luther Olsen (R-Ripon) and Sen. Steve Nass (R-Whitewater) have expressed concerns about the bill.

Olsen's Senate district includes Ripp's former Assembly district, and he said he has heard from constituents who want to have a chance to vote in a special election.

Republicans control the Senate 18-14. If two Republicans sided with Democrats, the measure would fail on a 16-16 vote.

Senate Republicans met on the measure privately Tuesday. They plan to hold a hearing Wednesday and a Senate floor vote on April 4.

Holder, who was attorney general under Democratic President Barack Obama, has said he would litigate any effort to change the law and prevent the special elections. That raises the prospect of the fight climbing its way to the state Supreme Court or being taken up in federal court.

Jason Stein of the Journal Sentinel staff in Madison and Jordyn Noennig of Lake Country Now in Pewaukee contributed to this report.

To contact your legislators

If you want to contact your lawmakers, you can find them by going to legis.wisconsin.gov or calling (800) 362-9472.

Here's how to contact the leaders of the Assembly and Senate:

Assembly Speaker Robin Vos (R-Rochester), (608) 266-9171, rep.vos@legis.wisconsin.gov

Senate Majority Leader Scott Fitzgerald (R-Juneau), (608) 266-5660, sen.fitzgerald@legis.wisconsin.gov