Here & Now

Non-Partisan Government Accountability Board Ends Its Work

WISCONSIN’S NONPARTISAN GOVERNMENT ACCOUNTABILITY BOARD IS NO MORE. THE AGENCY THAT OVERSAW ELECTIONS AND ETHICS ISSUES IN THE STATE CEASED TO EXIST AS OF WEDNESDAY.

ZAC SCHULTZ:

THE GOVERNMENT ACCOUNTABILITY BOARD WAS CREATED IN 2008, WITH OVERWHELMING BIPARTISAN SUPPORT. LAWMAKERS WANTED A NONPARTISAN GOVERNMENT WATCHDOG IN THE WAKE OF THE CAUCUS SCANDAL WHICH RESULTED IN CRIMINAL CONVICTION FOR LAWMAKERS FROM BOTH PARTIES. THE GAB WAS RUN BY KEVIN KENNEDY, BUT ALL DECISIONS WERE VOTED ON BY A BOARD OF RETIRED JUDGES APPOINTED BY THE GOVERNOR. IN ITS EIGHT YEARS OF EXISTENCE, THE GAB OVERSAW A NUMBER OF CONTROVERSIAL ISSUES INCLUDING THE RECALL ELECTIONS FOR 13 STATE SENATORS AND GOVERNOR WALKER. IT AUTHORIZED A JOHN DOE INVESTIGATION OF ALLEGATIONS OF CAMPAIGN FINANCE VIOLATIONS BY GOVERNOR WALKER. ULTIMATELY, REPUBLICANS AT THE CAPITOL ARGUED THE GAB HAD OVERSTEPPED ITS BOUNDS AND THEY VOTED TO GO BACK TO THE OLD MODEL OF SEPARATE ETHICS AND ELECTIONS COMMISSIONS, WITH PARTISAN MEMBERS APPOINTED BY DEMOCRATS AND REPUBLICANS. WE ARE JOINED BY THE FORMER EXECUTIVE DIRECTOR OF THE GAB, KEVIN KENNEDY, WHO AFTER 37 YEARS IN CHARGE OF WISCONSIN ELECTIONS HAS DECIDED TO RETIRE. THANKS FOR BEING HERE ONE LAST TIME.

KEVIN KENNEDY:

YOU’RE WELCOME.

ZAC SCHULTZ:

WE DID SOME RESEARCH. THIS IS AT LEAST YOUR 29TH TIME ON WISCONSIN PUBLIC TELEVISION, BUT THAT’S ONLY GOING BACK TO 1994, SO WE’RE GUESSING IT’S A LOT MORE. AND SPEAKING OF 1994, WE’D LIKE YOU TO WATCH A CLIP AND SEE IF YOU RECOGNIZE THIS PERSON.

KEVIN KENNEDY:

OKAY.

KEVIN KENNEDY:

132 EXPERTS ON CAMPAIGN FINANCE LAW IN THE STATE LEGISLATURE AND 535 IN THE FEDERAL GOVERNMENT AND SO THEY KNOW IT WORKS FOR THEM.

KEVIN KENNEDY:

GOOD-LOOKING GUY.

ZAC SCHULTZ:

DO YOU STILL HAVE THAT TIE?

KEVIN KENNEDY:

I DIDN’T CHECK THE TIE THAT CLOSELY. I’LL CHECK IT.

ZAC SCHULTZ:

IN THAT CLIP YOU’RE TALKING ABOUT 132 EXPERTS IN THE STATE LEGISLATURE JOKING ABOUT THE ASSEMBLY AND THE SENATORS. BUT IS THAT STILL THE CASE 22 YEARS LATER, EVERYONE’S AN EXPERT?

KEVIN KENNEDY:

EVERYONE THINKS THEY ARE. AND THEY ARE. THEY’VE ALL HAD THE EXPERIENCE OF GOING THROUGH AN ELECTION, SO THEY KNOW IT INTIMATELY FROM THEIR PERSPECTIVE.

ZAC SCHULTZ:

THE GAB ONLY LASTED FOR EIGHT YEARS. EVEN COMPARED TO YOUR TIME IN OFFICE THAT’S NOT A REAL LONG TIME. BUT WHAT WILL THE ENDURING LEGACY OF THE GAB BE IN YOUR MIND?

KEVIN KENNEDY:

I THINK IT WILL BE THE FACT THAT WE WERE ABLE TO NAVIGATE THE TROUBLES OF 2011 AND 2012. 16 RECALL ATTEMPTS, NINE OF WHICH WENT TO AN ELECTION. A STATEWIDE RECOUNT, TENS OF THOUSANDS OF COMPLAINTS ABOUT ALL OF THE ACTIVITY AROUND ACT 10, WITH 100,000 PEOPLE ON THE GROUNDS, FOLLOWED RIGHT AWAY WITH A RAMPING UP FOR THE FIRST STATEWIDE RECALL IN STATE HISTORY. I THINK I SAID RECOUNTS BEFORE. I MEANT RECALLS. YOU KNOW, THAT WAS A VERY TUMULTUOUS, TURBULENT TIME, AND I DON’T KNOW THAT THERE’S A BETTER MEASURE OF THE PERFORMANCE OF THE AGENCY AND HOW WE WERE ABLE TO DO THAT IN A FAIR MANNER. OBVIOUSLY, NOT EVERYONE WAS HAPPY WITH SOME OF OUR DECISIONS. EVERY COURT DECISION, 11 TIMES WE WERE SUED DURING THAT PERIOD, WERE ALL UPHELD. BUT MOSTLY PEOPLE CAME UP TO ME DURING THAT PROCESS ON THE STREET AND THEY’D SAY, YOU KNOW, THIS IS VERY DISTURBING TO ME, BUT YOU JUST SEEM SO CALM. AND PEOPLE ACCEPTED THE OUTCOME OF THE WAY THINGS WENT. THAT COULD HAVE BEEN A MELTDOWN OF PORTIONS WE’VE SEEN IN OTHER PARTS OF THE COUNTRY. WE WERE ABLE TO HANDLE THAT EXEMPLARY.

ZAC SCHULTZ:

SO ULTIMATELY WHY DID REPUBLICANS VOTE TO GET RID OF THE GAB?

KEVIN KENNEDY:

MY PERCEPTION IS IT WAS CONTROL. YOU HAVE AN INDEPENDENT WATCHDOG AGENCY TO ENSURE FAIR, INDEPENDENT ELECTIONS, ACCOUNTABILITY IN CAMPAIGN FINANCE LOBBYING AND ETHICS, AND WHAT FRUSTRATED — I THINK THE MAJOR THING THAT CAME OUT OF THAT IS THEY COULDN’T CONTROL THE OUTCOME. AND IF YOU LOOK AT EVERYTHING THAT’S DONE IN THE LEGISLATURE FROM THE REPUBLICANS, IT’S ALL ABOUT LEGISLATIVE CONTROL. AND THAT’S REALLY WHAT WAS DRIVING THIS.

ZAC SCHULTZ:

HOW MUCH WILL IT BE DIFFERENT UNDER THE NEW ETHICS AND ELECTIONS COMMISSIONS?

KEVIN KENNEDY:

WELL, WE WON’T REALLY SEE THE DIFFERENCE UNTIL THEY’RE CONFRONTED WITH SOME CHALLENGING DECISIONS THAT HAVE TO BE MADE. FORTUNATELY, ALMOST ALL OF THE STAFF STAYS ON THE ELECTION SIDE. THAT BODES WELL FOR VERY HIGH-PROFILE ELECTION COMING UP THIS YEAR. THERE WILL BE NEW LEADERSHIP ON THE ETHICS SIDE BECAUSE BOTH JON BECKER AND I HAVE LEFT. AND THAT’S A LOT OF CONTACT WHERE PEOPLE WERE CALLING US UP ON A DAILY BASIS ASKING FOR SENSITIVE ADVICE. AND WHILE THE PROGRAM STAFF IS THERE AND THEY’RE JUST TOP-NOTCH, THINGS WILL RUN WELL. YOU WILL SEE ON THE TIMELY MANNER THE DISCLOSURE OF LOBBYING ACTIVITY, CAMPAIGN FINANCE ACTIVITY THIS SUMMER. SO THE PUBLIC WON’T SEE MUCH UNTIL THERE IS A CONTROVERSIAL DECISION AND THEN WE’LL HAVE TO SEE HOW DO THE NEW COMMISSIONERS WORK.

ZAC SCHULTZ:

SPEAKING OF A CHALLENGE LIKE THAT, WOULD THIS ELECTION COMMISSION HAVE VOTED TO CERTIFY THE RECALL PETITIONS?

KEVIN KENNEDY:

I DON’T KNOW. I THINK YOU MIGHT HAVE COME CLOSE TO A PARTISAN DEADLOCK IN THOSE CASES. THERE WERE STRONG COMPETING INTERESTS. THE DEMOCRATS WERE UNHAPPY THAT WE WEREN’T MOVING FAST ENOUGH. THE REPUBLICANS WERE UNHAPPY THAT WE EVEN CERTIFIED THE RESULTS.

ZAC SCHULTZ:

SO WHO KNOWS WHAT WOULD HAVE HAPPENED UNDER THESE COMMISSIONS AND THAT MODEL.

KEVIN KENNEDY:

WE DON’T KNOW WHAT WOULD HAPPEN, BUT I SUBMIT TO YOU THAT WE WERE IN THE RIGHT PLACE AT THE RIGHT TIME.

ZAC SCHULTZ:

YOUR STAFF SENT OVER SOME STATISTICS REGARDING YOUR TIME IN PUBLIC SERVICE, 365 ELECTIONS, 14,000 STATE AND FEDERAL CANDIDATES AND THEY COUNTED 158 MILLION VOTES CAST. WHAT DO YOU LOOK AT AS YOUR LEGACY IN YOUR TIME RUNNING THE STATE ELECTIONS?

KEVIN KENNEDY:

YOU KNOW, I THINK THE FACT THAT, ONE, BECAUSE I SERVED AT THE PLEASURE OF A CITIZEN BOARD AND I COULD HAVE BEEN REMOVED AT ANY TIME, THE FACT THAT I COULD SERVE FOR THAT LONG A PERIOD AUDITIONING FOR MY JOB EVERY DAY SAYS A LOT ABOUT THE QUALITY OF THE PEOPLE THAT WORKED WITH ME AND THE QUALITY OF THE WORK THAT WAS DONE. SECONDLY, AGAIN, I COME BACK TO WE NEVER HAD A MELTDOWN IN ANY OF OUR ELECTIONS. EVERYTHING WENT VERY, VERY WELL. THERE WAS ALWAYS GLITCHES. WE ALWAYS LEARNED FROM SOMETHING. WE WERE RECOGNIZED NATIONALLY FOR OUR ACCESSIBILITY OF OUR POLLING PLACES FOR PEOPLE WITH DISABILITIES. THE DATA WE COLLECT ON COSTS FOR ELECTIONS. WISCONSIN ALWAYS IS RANKED HIGH IN INDEPENDENCE PERFORMANCE, LOOKING AT SEVERAL DIFFERENT FACTORS OF ELECTIONS. THERE’S JUST A LOT TO BE VERY PROUD OF.

ZAC SCHULTZ:

THANK YOU FOR YOUR TIME AND SERVICE, KEVIN KENNEDY.

KEVIN KENNEDY:

THANK YOU.