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This Just In ...

Kevin Fischer is a veteran broadcaster, the recipient of over 150 major journalism awards from the Milwaukee Press Club, the Wisconsin Associated Press, the Northwest Broadcast News Association, the Wisconsin Bar Association, and others. He has been seen and heard on Milwaukee TV and radio stations for over three decades. A longtime aide to state Senate Republicans in the Wisconsin Legislature, Kevin can be seen offering his views on the news on the public affairs program, "InterCHANGE," on Milwaukee Public Television Channel 10, and heard filling in on Newstalk 1130 WISN. He lives with his wife, Jennifer, and their lovely baby daughter, Kyla Audrey, in Franklin.

The recall process in Wisconsin needs dramatic change


October 1995.

Very, very early one morning, I travelled to Madison to cover for WTMJ the state Senate as it was poised on voting on state funding for a proposed stadium for the Milwaukee Brewers.

Hour after hour after hour passed by. Finally, in the early morning hours the next day, the state Senate had enough votes for approval.

Former Lieutenant Governor Margaret Farrow, then a Republican state Senator, has often told the story that after hours of closed door sessions, it appeared that “George” was changing his vote from a no to a yes.  It was thought that “George” meant Gary George, a Milwaukee Democrat.

That was not the case.

“George” was actually George Petak, Republican from Racine who had balked over and over against a slight sales tax increase for Racine to help fund the new ballpark.

Suddenly, Petak changed his mind. His vote in favor of the eventual Miller Park is why we enjoy Brewer baseball today.






Immediately, recall efforts against Petak, one of the nicest, most conscientious, hard-working, decent, honest politicians you’ll ever find began. Petak opponents literally placed recall petitions unattended on bars and other locations in Racine to secure signatures.

In the end, Petak critics got their recall. Petak’s opponent (who l know, like and respect) promised over and over that she would work to get rid of the stadium sales tax on Racine. She was elected, and then never made any move to erase the tax on Racine.

Petak’s legislative career, that up until his stadium vote had never placed him in disfavor among the voters, was over. And BTW, the stadium sales tax on Racine remains in effect today.

The current recall system in Wisconsin is flawed. Essentially, you can recall any elected official for any reason whatsoever, including how he or she dresses. This differs dramatically from other states. In fact, you don't need any reason at all.


I argued in 1995 on television and radio that a recall for a single vote wasn’t justified and I make the same argument today. If you don’t like ONE vote Politician X made, then try to vote Politician X out of office the next election.

The current set of recalls against state Senators is astounding. One group of senators is being recalled because they took a tough SINGLE vote, which is their job. Another group of senators is being recalled, or at least the attempt to recall is there, because they cowardly violated their constitutional duty to represent their constituents. I would argue if anyone deserves to be recalled, it’s the state Senate democrats that completely turned their backs on their responsibilities.

There is a solution. Wisconsin needs to reform how it considers and conducts recalls. To recall a sitting, elected official, there must be solid grounds to do so, just as in other states.

The National Conference of State Legislatures (NCSL) reports only 8 states require specific grounds for recall:


Alaska
:  Lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)

Georgia:  Act of malfeasance or misconduct while in office; violation of oath of office; failure to perform duties prescribed by law; willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. (Ga. Code §21-4-3(7) and 21-4-4(c))

Kansas: Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. No recall submitted to the voters shall be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured. (KS Stat. §25-4301)

Minnesota:  Serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime (Const. Art. VIII §6)

Montana:  Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct. (Mont. Code §2-16-603)

Rhode Island:  Authorized in the case of a general officer who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission (Const. Art. IV §1)

Virginia:  Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" (§24.2-233)

Washington:  Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (Const. Art. I §33)

 
And then along comes supposedly historic, visionary, progressive Wisconsin where specific grounds for recall are NOT required.

After this current debacle, where, in one case a sitting Senator is being criticized for having a girlfriend while he’s going through a divorce (Remember, Bill Clinton was an angel), a serious review is necessary to prevent recalls based on a whim.

Recalls should be reserved for malfeasance, corruption, misconduct, incompetence, and NOT ONE vote on ONE issue. That’s what regular elections are for.





Photo from CudahyNOW showing under-agers gathering signatures in recall effort against Alberta Darling.


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