May 22, 2012

2011 in review: the year of the recall

Before this year, Wisconsin had only seen a handful of successful attempts to recall public officials. That changed dramatically last spring, as recall efforts against 16 state senators got underway.

The recalls were based on where lawmakers stood on the collective bargaining issue; Democrats for leaving the state to prevent a vote and Republicans for supporting the bill. UW-Madison Political Scientist Charles Franklin called it a very unusual situation to see so many lawmakers targeted all at one time.

Thousands of signatures were needed and several of the campaigns fell short of their goal. More than enough signatures were gathered though to force elections against six Republican and three Democratic lawmakers.

David Vanderleest, who helped organize the effort targeting Green Bay Democrat Dave Hansen, says the polarized environment caused by the collective bargaining debate made it easy to get people to sign. He noted how clearly the state was divided at the time. Vanderleest unsuccessfully challenged Hansen in the race, which was the first to be resolved.

Following a legal battle over signature challenges to the petitions, primaries for the rest were set for July. Republicans drew criticism for running “fake Democrats” in some of those races, a move Senate GOP Leader Scott Fitzgerald defended as necessary because it gave their members an extra month to campaign after the budget debate. Without primaries, those elections would have been held in early July.

The six Republicans were the first to face elections on August ninth. Democrats fell short of winning the three seats needed to control the Senate, but state Democratic Party Chairman Mike Tate said defeating Senators Dan Kapanke of La Crosse and Randy Hopper of Fond du Lac was still a big win. Republicans argued their ability to hang on to the majority was a sign that results beat out rhetoric with voters.

The two remaining Democrats successfully won re-election a week later.

Despite falling short of their goal to flip the Senate, Democrats have kept their focus on recalls. In November they launched a drive to collect the more than 540,000 signatures needed to recall Governor Scott Walker. Four more GOP Senators are also facing recalls. The state will find out in mid-January if those efforts will succeed.

AUDIO: Andrew Beckett reports (2:00)

GAB lawsuit in court

A court hearing will be held in Waukesha today on a lawsuit filed against the state elections’ agency over the review of recall petitions. Governor Scott Walker’s campaign and the head of the state GOP want to force the Government Accountability Board to eliminate false and duplicate signatures from recall petitions, without making a complaining party point them out first.

Circuit Judge Mac Davis is not expected to make an immediate ruling. But he could decide today whether to let other groups join the lawsuit.

A petition drive to recall the Republican governor ends next month, and Walker’s campaign says it should not be up to them to find improper petition signatures.

Board director Kevin Kennedy has said the law presumes the signatures are valid if they’re dated and have a Wisconsin address. Kennedy says a more detailed review would require a change in the law and a lot more resources.

Letter raises Family Care questions

Governor Scott Walker on Wednesday announced plans for an $80 million expansion of the state’s Family Care program and the end to an enrollment cap. Governor Walker says the move became possible after the state worked with providers to find cost efficiencies in the program, which was set up to help elderly Wisconsinites receive long term care at home instead of in nursing homes.

However, a letter released later in the day shows federal officials had recently ordered the state Department of Health Services to remove the cap. The letter dated December 13th directs the state to identify and enroll any individuals not admitted to the program after the cap took effect on July 1st of this year.

Walker spokesman Cullen Werwie says the letter was discussing “permanent caps and was part of ongoing communication between DHS and the federal government.” Werwie says the Governor “always planned to lift the cap once the suggestions made by the non-partisan Legislative Audit Bureau were ready to be put in place.”

The cap was included in the state budget approved earlier this year and will require legislative action to remove, as will allowing the program to be offered in all 72 counties in the state. Currently, Family Care is only available in 57 counties.

Wednesday’s announcement was widely applauded by lawmakers on both sides of the aisle and several groups representing the elderly.

Joint Finance Committee co-chair Alberta Darling (R-River Falls) offered her support, saying she was thrilled to learn the administration had “found savings that make lifting the cap a possibility.” Senator Darling says she expects it “will be a top bi-partisan legislative priority in the coming year.”

However, fellow JFC co-chair Robin Vos (R-Rochester) expressed concerns about the plan, which will need to pass the powerful budget committee along the way. Vos says “Medicaid took up every single nickel of new revenue that was brought into the current state budget,” and they are being forced to find $500 million in new revenue “just to keep that program on a sustainable path.”

AUDIO: Andrew Beckett reports (1:05)

Vos says he has “very serious doubts that their assumptions are fact based and not based on the best of wishes” and DHS officials will need to show the cost savings touted by Walker are backed by a detailed analysis to show the program will actually save money. Vos says he’s “very seriously concerned that they are looking to use some funny math to try and make this thing balanced.”

Concerns about recall bribery

A state lawmaker says a legal loophole could allow recall organizers to offer bribes for petition signatures.

State Representative Evan Wynn (R-Whitewater) says he became concerned after a constituent questioned him on whether it was legal to pay someone for a signature on a recall petition. Wynn says the person claimed a friend had been offered $10 to sign a petition to recall Governor Scott Walker.

The Whitewater Republican followed up with the Government Accountability Board, which confirmed that current state laws would not prevent that from happening.

Currently, it is illegal to offer anything of value to get someone to vote, sign nomination papers, or stay home on Election Day. However, the law says nothing about recall petitions. Wynn says that’s likely because recalls were never really thought about much before this year, which has seen a historic level of petitions circulating against state senators and the governor.

AUDIO: Andrew Beckett reports (1:01)

Wynn is introducing a bill he says will close that loophole by adding recalls to the list of election issues where incentives cannot be used to encourage people to sign or not to sign.

In a letter to Wynn, GAB director Kevin Kennedy says offering compensation for recall petition signatures is not something the agency condones because it could undermine public confidence in the system. Kennedy writes that the Board would be interested in seeing some type of legislative reform.

WCLO’s Kyle Geissler contributed to this report.

Governor looks to expand Family Care

Walker Family Care announcement (IMAGE:WRN)

Governor Scott Walker is proposing the enrollment cap on Family Care be lifted, and the program be expanded. The cap was put in place earlier this year after a state audit found inefficiencies in the program – which provides long-term independent care to elderly and disabled.

AUDIO: Walker on reversing enrollment cap (1:22)

Walker made the announcement this morning alongside a number of advocacy groups who praised his decision. Walker said his administration’s decision comes from the “unprecedented” statewide outreach by Department of Health Services Secretary Dennis Smith and Deputy Secretary Kitty Rhoades on Medicaid issues.

The Governor said under his proposal Family Care could be expanded statewide, as it currently does not exist in 14 counties, primarily in northeast Wisconsin.

The Governor said the $80 million expansion over two years comes from funding already approved by lawmakers and DHS making the program more efficient. The proposal needs legislative approval but he believes it will pass with bipartisan support.