FREDERICA FREYBERG:

GOVERNOR SCOTT WALKER WANTS TO SCRAP THE INDEPENDENT ELECTIONS AND ETHICS AGENCY KNOWN AS THE GOVERNMENT ACCOUNTABILITY BOARD. HE MADE HIS INTENTIONS KNOWN JUST AFTER THE STATE SUPREME COURT RULED TO SHUT DOWN THE JOHN DOE PROBE INVESTIGATING CAMPAIGN DONATIONS IN THE 2012 RECALL ELECTIONS. THE GAB, WHOSE BOARD IS MADE UP OF RETIRED JUDGES, VOTED UNANIMOUSLY TO AUTHORIZE THE JOHN DOE. THE LEGISLATURE ESTABLISHED THE GAB BY NEAR UNANIMOUS VOTE IN 2007, FOLLOWING THE SO-CALLED CAUCUS SCANDAL. REPUBLICAN SENATOR DEVIN LEMAHIEU AGREES WITH THE GOVERNOR THAT THE GAB SHOULD BE DISMANTLED. HE JOINS US NOW FROM MANITOWOC. AND SENATOR, THANKS VERY MUCH FOR BEING HERE.

DEVIN LEMAHIEU:

THANK YOU. THANK YOU FOR HAVING ME THIS MORNING.

FREDERICA FREYBERG:

WELL, I WANT TO ASK YOU, WHY DO YOU WANT TO GET RID OF THE GAB?

DEVIN LEMAHIEU:

WELL, WE’VE SEEN PROBLEMS ALL ALONG WITH THE GAB. AND I THINK IT STEMS FROM THE WAY THAT THE ORGANIZATION IS SET UP. THE JUDGES DON’T HAVE EXPERIENCE IN ELECTIONS, AND WE NEED A MORE ENGAGED BOARD TO OVERSEE WHAT THE STAFF IS DOING. WE’VE SEEN PROBLEMS ALL ALONG OVER THE LAST EIGHT YEARS. IT STARTS — IF YOU’VE SEEN THE GAB AUDIT, THERE’S MANY STATUTORY REQUIREMENTS THAT THEY DIDN’T DO, AND IT SEEMS LIKE THEIR FOCUS HAS BEEN ON OTHER THINGS, LIKE, YOU KNOW, JOHN DOE INVESTIGATIONS AND THINGS LIKE THAT.

FREDERICA FREYBERG:

SO WHAT DO YOU WANT TO REPLACE THE CURRENT BOARD WITH?

DEVIN LEMAHIEU:

WELL, WE NEED A MORE ENGAGED BOARD, AND I THINK THE BEST WAY TO DO THAT IS WITH PARTISAN APPOINTMENTS. WE’RE ACTUALLY AN ANOMALY IN THE STATE OF WISCONSIN HAVING A NONPARTISAN BOARD. ALMOST EVERY OTHER STATE HAS PARTISANS INVOLVED IN THEIR BOARD MAKEUP. THAT MAKES THEM MORE ENGAGED. IF WE HAVE AN EQUAL REPRESENTATION FROM BOTH PARTIES, THEY’LL BE ON THE LOOKOUT TO MAKE SURE THE BOARD IS DOING WHAT THEY NEED TO DO.

FREDERICA FREYBERG:

WELL, SO WHEN YOU SAY A PARTISAN BOARD, YOU MEAN LEGISLATORS.

DEVIN LEMAHIEU:

IT WOULD BE APPOINTED BY LEGISLATORS FROM EACH PARTY.

FREDERICA FREYBERG:

AND SO GIVE ME AN EXAMPLE OF THE KIND OF PARTISAN BOARD MEMBERS THAT YOU COULD SEE POPULATING A NEW AND IMPROVED GAB.

DEVIN LEMAHIEU:

COULD BE RETIRED LEGISLATORS. IT COULD BE ATTORNEYS THAT THE PARTIES SEE THAT UNDERSTAND ELECTION LAW. I MEAN, THERE ARE MANY ATTORNEYS WHO ARE VERY WELL-VERSED IN ELECTION LAW. I THINK THAT WOULD HELP. I THINK THE OTHER KEY POINT TO REMEMBER IS THAT THE GAB DOES A LOT OF THINGS WELL. IF YOU TALK TO THE CLERKS AROUND, THEY DO GREAT JOBS IN SUPPORTING ELECTIONS. SO I THINK IT’S GOOD TO SEPARATE OUT ELECTIONS FROM THE ETHICS AND INVESTIGATION IN CAMPAIGN FINANCE AREAS.

FREDERICA FREYBERG:

WHEN IT WAS ESTABLISHED, THE SENSE WAS TO TAKE PARTISAN POLITICS OUT OF A WATCHDOG AGENCY LIKE THIS. BUT IT’S YOUR PREMISE THAT THAT’S ALL WRONG.

DEVIN LEMAHIEU:

WELL, IT HASN’T WORKED, FROM THE SETTING THE RECALL ELECTIONS ON DIFFERENT DATES BETWEEN THE REPUBLICANS AND DEMOCRATS, FROM THE JOHN DOE INVESTIGATION, FROM THE BALLOT DESIGN THAT CAME OUT LAST FALL. I MEAN, THERE HAS BEEN A PARTISAN BENT WITH THIS BOARD, SO BY MAKING IT NONPARTISAN — THE FACADE THAT IT’S NONPARTISAN HASN’T ACTUALLY PROVED TO BE EFFECTIVE.

FREDERICA FREYBERG:

YOU KNOW, IT’S INTERESTING, THOUGH, BECAUSE THE GAB BOARD MEMBERS WOULDN’T BE PARTISAN DEMOCRATS BECAUSE EACH OF THE RETIRED JUDGES WERE EITHER REPUBLICAN LAWMAKERS PREVIOUSLY OR APPOINTED BY A REPUBLICAN GOVERNOR. THE ONE JUDGE ON THE BOARD THAT WAS A DEMOCRAT DA WAS REAPPOINTED TO THE BOARD BY GOVERNOR WALKER. SO IF IT’S A PARTISAN PROBLEM, IT WOULDN’T APPEAR TO BE, YOU KNOW, PARTISAN-LEANING DEMOCRAT.

DEVIN LEMAHIEU:

WELL, THAT’S WHAT THE RESULTS ARE. YOU NEED TO REMEMBER THAT WHEN THE GOVERNOR GETS TO APPOINT, HE ONLY GETS THREE OPTIONS FOR HIS APPOINTMENT. THERE’S VERY FEW JUDGES — RETIRED JUDGES WHO ARE INTERESTED IN SERVING ON THIS BOARD. AND THE ONLY DEFINITION OF WHAT IS NONPARTISAN IS THAT THEY HAVEN’T BEEN A MEMBER OF A PARTY OR DONATED IN THE LAST YEAR.

FREDERICA FREYBERG:

GAB ADVOCATES SAY COMING AFTER THE BOARD IS, QUOTE, SIMPLY REVENGE AND RETRIBUTION FOR ITS AUTHORIZATION OF THE JOHN DOE PROBE. WHAT’S YOUR REACTION TO THAT?

DEVIN LEMAHIEU:

I THINK THAT’S COMPLETELY INACCURATE. WE’VE SEEN ALL ALONG, YOU KNOW, IF YOU LOOK AT THE GAB AUDIT, THEY HAVEN’T AUDITED ELECTIONS AFTER THEY’RE DONE TO SEE IF FELONS HAVE VOTED. THEY HAVE THEIR SEVEN STATUTORY RULES THAT THEY WAITED EIGHT YEARS TO PROMULGATE. SO THERE’S A LOT OF SHORTCOMINGS INVOLVED WITH THIS, THE BALLOT DESIGN, THE RECALL ELECTIONS. I MEAN, THERE’S A WHOLE SLEW OF THINGS THAT THIS BOARD HAS BEEN INEFFECTIVE WITH.

FREDERICA FREYBERG:

ALL RIGHT. SENATOR, THANKS VERY MUCH FOR JOINING US.

DEVIN LEMAHIEU:

THANK YOU.