Here & Now

Jay Heck Questions Ethics Board, Election Commission Choices

ZAC SCHULTZ:

LAST DECEMBER, GOVERNOR WALKER SIGNED A BILL THAT ELIMINATED THE NONPARTISAN GOVERNMENT ACCOUNTABILITY BOARD, REPLACING IT WITH AN ETHICS COMMISSION AND AN ELECTIONS COMMISSION, BOTH OF WHICH WILL BE MADE UP OF PARTISAN APPOINTMENTS FROM DEMOCRATS AND REPUBLICANS AT THE CAPITOL. THE FIRST CHOICES FOR EACH COMMISSION HAVE BEEN ANNOUNCED AND THEY ARE A FORMER TREASURER OF THE STATE REPUBLICAN PARTY WHO HAS DONATED THOSANDS TO REBPULICAN CANDIDATES AND A PERSONAL INJURY LAWYER WHO HAS DONATED THOUSANDS TO DEMOCRATS. HERE TO COMMENT ON THEM IS JAY HECK, EXECUTIVE DIRECTOR OF COMMON CAUSE IN WISCONSIN. THANKS FOR YOUR TIME TODAY.

JAY HECK:

GREAT TO BE WITH YOU ZAC. THANK YOU.

ZAC SCHULTZ:

NOW, WE SHOULD BE CLEAR OFF THE TOP, YOUR GROUP OPPOSED THE CHANGES ELIMINATING THE GAB BUT WHAT DO YOU THINK OF THESE TWO FIRST PICKS.

JAY HECK:

FIRST OF ALL THESE ARE PARTISANS AS YOU’VE DESCRIBED. THAT’S A HUGE PROBLEM BECAUSE THESE FOLKS WILL NOT BE RESPONSIBLE OR REPORTING TO THE CITIZENS OF WISCONSIN OR NECESSARILY BE ADHERENT TO THE LAW INSTEAD THEIR ALLEGIANCE IS TO THE PARTISAN LEADERS THAT SELECTED THEM. SO OBVIOUSLY WE DON’T THINK MUCH OF THE PROCESS. MISS MCCALLUM WHILE I’M SURE SHE’S WONDERFUL, INTELLIGENT PERSON IS REALLY NO BACKGROUND IN ETHICS OR EVEN AN ATTORNEY. SHE GRADUATED FROM THE UW IN 2005 AND SHE SERVED, AS YOU SAID, AS A PARTISAN IN THE REPUBLICAN PARTY OF WISCONSIN. SO I’M NOT SURE THAT SHE’S QUALIFIED OTHER THAN SHE WILL BE VERY LOYAL TO SENATOR FITZGERALD, WHO APPOINTED HER. NOW, ANN JACOBS IS AN ATTORNEY. SHE DOES HAVE A BACKGROUND IN ELECTION LAW AS WELL AS BEING A PERSONAL INJURY LAWYER, BUT NEVERTHELESS HER ALLEGIANCE WON’T BE NECESSARILY TO THE CITIZENS OF WISCONSIN. IT WILL BE TO THE PARTISAN INTERESTS OF THE DEMOCRATS. AND THAT’S A PROBLEM BECAUSE I THINK THE LOSERS HERE ARE THE CITIZENS WHO WANT TO HAVE AN IMPARTIAL AGENCY ENFORCING THE LAW, NOT ENFORCING THE INTERESTS OF THE PARTIES.

ZAC SCHULTZ:

THE GAB HAD TO DEAL WITH A LOT OF CONTROVERSIAL ISSUES OVER THE YEARS. THE RECALL ELECTIONS AND THE CERTIFYING WHICH SIGNATURES THEY WOULD KEEP AND WHICH WOULD BE THROWN OUT AND SETTING THE ELECTION DATES. HOW WOULD THAT HAVE BEEN HANDLED DIFFERENTLY IF THERE WAS THIS PARTISAN BODY IN PLACE AT THAT TIME? WOULD WE HAVE SEEN THE ELECTIONS?

JAY HECK:

WELL, THAT’S A VERY GOOD QUESTION BECAUSE THE GOVERNMENT ACCOUNTABILITY BOARD WITH SIX RETIRED JUDGES USUALLY REACHED A CONSENSUS IN MAKING MOST OF THEIR DECISIONS. IT WAS IMPORTANT, THEY FELT, THAT THEY ACT AS ONE WHEN THEY PUT A DECISION FORWARD, EVEN A CONTROVERSIAL DECISION LIKE DECIDING TO INVESTIGATE GOVERNOR WALKER’S POSSIBLE ILLEGAL COORDINATION WITH WISCONSIN CLUB FOR GROWTH DURING THE RECALL ELECTIONS. BUT THEY DID IT UNANIMOUSLY. THE PROBLEM HERE IS THIS IS DESIGNED TO DO NOTHING. THIS IS THREE REPUBLICANS AND THREE DEMOCRATS ON BOTH THE ELECTIONS AND THE ETHICS COMMISSION AND THE WAY IT’S DESIGNED IS ON A 3-3 TIE WHICH MOST OF THESE DECISIONS WILL BE, NOTHING HAPPENS. NOTHING GOES FORWARD AND THERE’S NO ACTION. SO I THINK WE’VE GONE FROM BEING THE MODEL FOR THE NATION IN TERMS OF HAVING AN EFFECTIVE, IMPARTIAL, NONPARTISAN ENTITY TO PERHAPS SOMETHING LIKE THE FEDERAL ELECTIONS COMMISSION IN WASHINGTON D.C., CONSIDERED TO BE THE MOST DYSFUNCTIONAL AND INEFFECTIVE FEDERAL AGENCY THAT THERE IS.

ZAC SCHULTZ:

NOW, THESE NEW COMMISSIONERS START IN JUNE AND THEY’LL BE IN CHARGE OF ELECTIONS COME THIS FALL. DO YOU THINK THEY’LL BE READY?

JAY HECK:

WELL, I DON’T THINK SO. THEY SAY THEY WILL BE, BUT THERE’S A STEEP LEARNING CURVE FOR THESE PEOPLE TO GET UNDER. AND THE PROBLEM I WORRY ABOUT IS IF THERE ARE SOME SERIOUS QUESTIONS THAT COME UP DURING THE LATE SUMMER OR FALL EITHER IN THE PRIMARY OR IN THE GENERAL ELECTION, WHETHER OR NOT THIS ENTITY, THE ETHICS COMMISSION AND THE ELECTIONS COMMISSION, WILL JUST RESULT IN A 3-3 TIE WITH NO ACTION OR WHETHER THEY’LL ACTUALLY REALLY BE ABLE TO ENFORCE THE LAW OR LOOK INTO SOME VIOLATION OF THE LAW.

ZAC SCHULTZ:

NOW, THERE WILL BE SOME JUDGES ON THE ETHICS BOARD AND CLERKS ON THE ELECTIONS COMMISSION, BUT THEY’LL BE NOMINATED BY THE PARTY, SELECTED BY THE GOVERNOR. IN LESS THAN A MINUTE, WILL THAT COMPROMISE THEIR INTEGRITY? WILL THEY BE ABLE TO SWITCH SIDES ON IMPORTANT ISSUES DO YOU THINK?

JAY HECK:

ULTIMATELY THE LEGISLATIVE LEADERS PRESENT THAT LIST TO THE GOVERNOR, SO THOSE PEOPLE WILL ALSO BE PARTISAN CHOICES AND THE GOVERNOR WILL CHOOSE A DEMOCRAT AND A REPUBLICAN FOR BOTH THE ETHICS AND THE ELECTIONS COMMISSION. THE OTHER FOUR MEMBERS OF THE COMMISSIONS ARE SELECTED BY THE LEGISLATIVE LEADERSHIP DIRECTLY. KEEP IN MIND, THE GOVERNMENT ACCOUNTABILITY BOARD WAS FORMED AFTER THE LEGISLATIVE CAUCUS SCANDAL WHICH WAS A BIPARTISAN SCANDAL. THE DECISION WAS MADE TO MOVE AWAY FROM PARTISAN PICKS. WE’VE GONE RIGHT BACK WHERE WE WERE IN 2002 WHEN THIS STATE WAS ENVELOPED IN THE MOST SERIOUS POLITICAL SCANDAL THAT WE’VE HAD IN THE LAST 100 YEARS.

ZAC SCHULTZ:

I’M SURE WE’LL CONTINUE TO WATCH AS WILL YOU. THANK YOU FOR YOUR TIME TODAY.

JAY HECK:

THANK YOU.