Patrick Marley and Molly Beck

Milwaukee Journal Sentinel

MADISON - Republican lawmakers plan to hold a lame-duck session as early as next week to curb the incoming Democratic governor's powers over state rules, add GOP appointees to a state board, and possibly move the 2020 presidential primary to help a conservative state Supreme Court justice.

Unlikely to be part of the session is the reason lawmakers claim to be calling it in the first place: a long-stalled $70 million subsidy package to save a Kimberly-Clark Corp. plant in the Fox Valley.

Republicans who control the Senate are still short at least six votes for that measure and may not be able to pass it, Senate Majority Leader Scott Fitzgerald (R-Juneau) said Tuesday.

Fitzgerald and other Republicans are moving fast to try to get legislation to GOP Gov. Scott Walker before he leaves office Jan. 7 and is replaced by Democrat Tony Evers.

As part of the lame-duck session, Republicans could take action that would boost a conservative Supreme Court justice's chances at re-election but at a cost of potentially millions to taxpayers.

Fitzgerald said Republicans hadn't made decisions on moving the presidential primary and were listening to the concerns of clerks who say the change would be costly, burdensome and confusing. The move could also dilute the strength of Wisconsin's delegates to the Republican National Convention, Fitzgerald said.

Republicans have talked about moving the presidential primary because Justice Daniel Kelly is slated to appear on the same ballot in the Supreme Court race and Democratic turnout could be high. The extra election in 2020 would cost taxpayers millions of dollars.

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Asked about the upside of moving the primary, Fitzgerald said, "I think there’s many people that think that Justice Kelly would have a better chance if there’s not really this competitive Democrat primary for president. That’s the concern, I think. But I’ve got to be honest with you, I think the campaign would be just as concerned that that would be a criticism used against Kelly in the end."

Sen. Jon Erpenbach (D-Middleton) expressed surprise at Fitzgerald's open talk of moving the primary only to help Kelly.

"We all knew this, but to hear it that bluntly is shocking," Erpenbach said.

Kimberly-Clark plan lacks votes

Senate Republicans have long been short of the votes needed to pass the $70 million incentive package for Kimberly-Clark, and Fitzgerald said they are no nearer to securing them.

"I think there’s people that are just like, wow, you know, are we going to have to kind of do the same thing if there’s a corporation the size of Kimberly-Clark that suddenly announces some type of closing, plant closing?" Fitzgerald said.

Fitzgerald did not declare the measure dead, saying Senate President Roger Roth (R-Appleton) continues to try to round up votes.

"It still appears the votes are not there as we stand here today," Fitzgerald told reporters. "It’s going to take a significant number of Democrat votes to get this through."

Backers of the deal appear unlikely to get them — no Senate Democrat has shown support for the measure.

“It’s become clear that Republicans never intended this lame-duck session to be about saving jobs at Kimberly Clark," Senate Minority Leader Jennifer Shilling (D-La Crosse) said in a statement. "This whole special session has been a ruse to rush through more partisan bills, rig elections and consolidate more power in the hands of Republican politicians.”

The Kimberly-Clark workers’ union president was in Madison on Tuesday to try to persuade lawmakers to support the package.

“We’re just hopeful that we can make something happen,” Dave Breckheimer, a United Steelworkers union president at the Neenah papermaker, said. “We’re meeting with senators to answer any questions they may have and explain what the facility is about and what it means to Wisconsin.”

Fitzgerald said 10 or 11 of his members support the deal. Republicans control the Senate 18-15 and 17 votes would be needed to pass the measure.

The Assembly has already passed the deal. If the Senate approves the measure, it would go to Walker, who backs the subsidies.

Senators have to make a decision soon because Kimberly-Clark has said it will close a Fox Crossing plant and will change course only if it gets payments from the state.

Walker on Nov. 15 said the Senate would need to act by this Friday to keep Kimberly-Clark's Fox Crossing plant open.

“If the state fails to act, I believe before the end of this month, those jobs are gone," Walker said then.

Fitzgerald said he hoped to be on the floor as soon as next week — but for the other measures, not the Kimberly-Clark deal.

Solicitor general changes considered

Republicans are also looking at changing the landscape at the state Department of Justice before Democrat Josh Kaul replaces GOP Attorney General Brad Schimel, including eliminating or scaling back the solicitor general's office.

Fitzgerald spoke after meeting privately with the Senate caucus he leads. Assembly Speaker Robin Vos (R-Rochester) held a similar meeting with his caucus but did not speak to reporters.

The two were to meet afterward in Walker's office, but Fitzgerald said he did not know if they would be meeting with Walker or his chief of staff, Eric Schutt.

During his campaign to unseat Schimel, Kaul said he would reduce the office’s scope.

“Attorney General-elect Kaul’s first priority is keeping Wisconsinites safe, and he would welcome a discussion with legislative leadership on this and many other issues,” said Kaul spokeswoman Gillian Drummond.

Since its creation in 2015, the office of specialized appeals court lawyers has overseen the department’s handling of a number of high-profile disputes, including a challenge to the state’s legislative maps, and its intervention in a number of out-of-state disputes.

Schimel has increased staffing in the office in that time, and Democrats have criticized its existence as a vehicle to advance conservative interests.

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"There’s some good attorneys over there that if you made a change to the solicitor’s office, there’s probably some attorneys over there that you’d probably love to talk to about maybe coming to work in the Legislature," Fitzgerald said.

Fitzgerald said lawmakers would likely write into state law a work requirement for some people who participate in the BadgerCare Plus health care program. President Donald Trump's administration recently gave Wisconsin permission to implement the work requirement, but Evers has said he might not do so.

By passing legislation, lawmakers could compel him to implement the change.

Lawmakers are also looking at adding more Republican appointees to the Wisconsin Economic Development Corp. board, which oversees efforts to attract and retain businesses in Wisconsin.

Some Republicans had considered also adding more GOP appointees to the state Building Commission, but Fitzgerald said his caucus was dropping that idea. The commission is chaired by the governor and approves the construction and maintenance of state and University of Wisconsin System buildings.

GOP lawmakers are also considering taking away some of the governor's authority over rules that are designed to implement state statutes and have the force of state law.

They also want to lock rules governing the state's voter ID requirement into law, which would make it harder for Evers to make any adjustments to that requirement.

Evers adds to transition team

Evers has tapped two top Department of Public Instruction officials to join a team assembled to ensure a smooth transition between administrations.

Brian Pahnke, assistant state superintendent for the division of finance and management, will join Evers’ team as his policy director. DPI’s senior policy adviser Jeff Pertl also will join the team as a policy adviser.

Evers also has hired Planned Parenthood of Wisconsin’s Jamie Kuhn as an adviser.

Both Kuhn and Pertl are on the Dane County Board.

Evers also announced the creation of a 12-member advisory council on health care policy.

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