[EL] Wisconsin Supreme Court

Tue May 12 11:33:03 PDT 2015

This is one case where the story lead really does an injustice to the article the follows and to the actual events.

The lead (which Rick understandably excerpts below):
Soon after she was elected chief justice of the Wisconsin Supreme Court, Patience Roggensack demanded her pay be raised by $8,000 a year and tried to move into another justice's office, according to a court filing Monday.

The full story (appearing in the body of the article) sounds a bit different:
- On April 7, Wisconsin voters voted 53-47% to amend the state constitution, so that the Chief Justice of the Supreme Court would be elected by the justices, rather than automatically going to the most senior justice.
- On April 29, state election authorities certified the vote tally.
- After the vote was certified, the Justices elected Roggensack as Chief, a position which, by statute, pays an extra $8000 per year. (Roggensack has said she will give her new, higher salary to legal aid)
- Meanwhile, on April 8, Shirley Abrahamson - the outgoing Chief - sued in federal court to block the state initiative, claiming a right to remain Chief through 2018.
- However, federal district court judge James Peterson (an Obama appointee) has twice ruled against Abrahamson's requests to prohibit the Wisconsin justices from electing a new Chief while her lawsuit is pending.

So a lead that might better have captured the spirit of events might have been something like this:

Despite being removed her position as Chief Justice of the Wisconsin Supreme Court, Shirley Abrahamson has refused to vacate her office, and demanded that she continue to receive an extra $8000 per year salary that goes to the Chief Justice.

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Tuesday, May 12, 2015 10:26 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 5/12/15

¡°State Supreme Court to release hundreds of pages in Doe probe on Wednesday¡¯<http://electionlawblog.org/?p=72393>
Posted on May 12, 2015 7:19 am<http://electionlawblog.org/?p=72393> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel<http://www.jsonline.com/blogs/news/303346111.html>: ¡°The Wisconsin Supreme Court will release hundreds of pages of filings on Wednesday in three cases it is considering over an investigation into Gov. Scott Walker¡¯s campaign and conservative groups backing him.¡±

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>
¡°Court filing is latest turn in squabble over Wisconsin chief justice¡±<http://electionlawblog.org/?p=72391>
Posted on May 12, 2015 7:16 am<http://electionlawblog.org/?p=72391> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel<http://www.jsonline.com/news/court-filing-is-latest-turn-in-squabble-over-wisconsin-chief-justice-b99498402z1-303346291.html>:

Soon after she was elected chief justice of the Wisconsin Supreme Court, Patience Roggensack demanded her pay be raised by $8,000 a year and tried to move into another justice¡¯s office, according to a court filing Monday.

The filing is the latest sign of a squabble between Roggensack and Shirley Abrahamson, who maintains she is still chief justice<http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-divided-over-chief-justice-b99493638z1-302435651.html> and has sued in federal court to hold that job until 2019. The allegations come from Justice Ann Walsh Bradley, a close ally of Abrahamson, the court¡¯s leading liberal.

Roggensack and her attorney did not respond to requests for comments Monday, but Roggensack has said she is looking to build more consensus on the court and restore its reputation. The court has faced criticism from around the country for infighting, name-calling and an altercation in which Justice David Prosser put his hands on Bradley¡¯s neck.<http://www.jsonline.com/news/statepolitics/judicial-panel-told-prosser-ethics-prosecutor-to-put-case-in-neutral-v48pjrd-191306381.html>

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Posted in judicial elections<http://electionlawblog.org/?cat=19>
¡°Sometimes, Election News Feels Like Groundhog Day¡±<http://electionlawblog.org/?p=72389>
Posted on May 12, 2015 7:12 am<http://electionlawblog.org/?p=72389> by Rick Hasen<http://electionlawblog.org/?author=3>

A ChapinBlog<http://blog.lib.umn.edu/cspg/electionacademy/2015/05/sometimes_election_news_feels.php>.

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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
¡°Arizona redistricting case could shake up Valley congressional districts'¡±<http://electionlawblog.org/?p=72387>
Posted on May 11, 2015 6:21 pm<http://electionlawblog.org/?p=72387> by Rick Hasen<http://electionlawblog.org/?author=3>

John Ellis reports<http://www.fresnobee.com/2015/05/09/4516841_arizona-redistricting-case-could.html?rh=1> for the Fresno Bee.

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Posted in Elections Clause<http://electionlawblog.org/?cat=70>, redistricting<http://electionlawblog.org/?cat=6>
¡°The promise of super PACs outweigh the perils for Hillary Clinton¡±<http://electionlawblog.org/?p=72385>
Posted on May 11, 2015 4:53 pm<http://electionlawblog.org/?p=72385> by Rick Hasen<http://electionlawblog.org/?author=3>

MSNBC reports.<http://www.msnbc.com/msnbc/the-promise-super-pacs-outweigh-the-perils-hillary-clinton>

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
Clinton¡¯s Lawyer Marc Elias Files New Voting Rights Lawsuit in Ohio<http://electionlawblog.org/?p=72382>
Posted on May 11, 2015 3:31 pm<http://electionlawblog.org/?p=72382> by Rick Hasen<http://electionlawblog.org/?author=3>

Dispatch<http://www.dispatch.com/content/stories/local/2015/05/11/0511-hillary-lawsuit.html>:

A federal lawsuit against Ohio¡¯s voting setup has been filed by Hillary Clinton¡¯s top campaign lawyer and others.

The Ohio Organizing Collaborative and three individuals asked for an injunction because otherwise they ¡°and thousands of other residents of Ohio will have their right to vote and/or related rights, such as the right to participate in voter registration and get-out-the-vote activities, wrongfully burdened, abridged and/or denied.¡±¡

The lawsuit noted the recent settlement with the NAACP, ACLU and League of Women Voters, only partially restored the early voting hours in place for the 2012 presidential election, and applies the same standard to big and small counties alike ¨C whether it¡¯s the 9,000 voters in Noble County or the 800,000 of Franklin County. That hurts people in the big counties because, like their smaller counterparts, they are limited to only one early voting location, the suit contended.

You can find the complaint here<http://www.dispatch.com/content/downloads/2015/05/Filed_Complaint.pdf>.

I address some of the issues posed by this lawsuit in a forthcoming draft, When is Uniformity of People, Not Counties, Appropriate in Election Administration? The Cases of Early and Sunday Voting, University of Chicago Legal Forum (forthcoming 2015) (draft available<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497192>).

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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
Jeb Bush Not Only Outsourcing to SuperPAC-Also Using Secret Donor 501c4<http://electionlawblog.org/?p=72380>
Posted on May 11, 2015 3:14 pm<http://electionlawblog.org/?p=72380> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo<http://www.washingtonpost.com/politics/jeb-bush-leans-on-nonprofit-group-as-he-prepares-likely-presidential-run/2015/05/11/db20d700-f81b-11e4-9ef4-1bb7ce3b3fb7_story.html?postshare=7201431382177068>:

A nonprofit group allied with former Florida Gov. Jeb Bush is playing a more expansive role in his current political operation than previously known, housing several top policy advisers expected to join his eventual campaign, according to people familiar with the structure.

At least four people with expertise on energy issues, foreign affairs and communications are working with Right to Rise Policy Solutions, a nonprofit advocacy group<http://www.washingtonpost.com/politics/how-secret-donors-could-play-a-big-role-boosting-jeb-bush/2015/03/31/05647310-d7cd-11e4-b3f2-607bd612aeac_story.html> that can accept secret, unlimited donations from individuals and corporations.

Bush¡¯s reliance on the nonprofit as he prepares for a likely presidential bid puts him on untested legal ground, cloaking who is paying the salaries of his expected advisers. But a polarized Federal Election Commission is unlikely to scrutinize the maneuver, campaign finance experts said.

Jeb the Destroyer <http://www.slate.com/articles/news_and_politics/politics/2015/04/jeb_bush_destroying_campaign_finance_rules_his_tactics_will_be_the_future.html> is destroying even more.

Even if he does not get the nomination, he is blazing a very dangerous trail for others.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
¡°Democrats Eased Way for GOP Mega-Donors¡±<http://electionlawblog.org/?p=72378>
Posted on May 11, 2015 2:54 pm<http://electionlawblog.org/?p=72378> by Rick Hasen<http://electionlawblog.org/?author=3>

Jeanne Cummings<http://www.bloombergview.com/articles/2015-05-11/democrats-eased-way-for-gop-mega-donors>:

More than half<http://www.dailykos.com/story/2014/12/14/1351689/-Which-32-Senate-Democrats-Just-Sold-You-Out-to-Give-Wall-Street-a-CRomnibus-Christmas#> of Senate Democrats voted with Republicans in December to increase fundraising limits for the political parties. The change was tucked in the 1,599th page of a 1,603-page budget deal. Given how aggressively Republicans are taking advantage of the new rules, and how little they seem to be benefiting Democrats, Senate Democratic leader Harry Reid may regret his support.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
¡°Why is it corporate lobbyists are the only ones heard?¡±<http://electionlawblog.org/?p=72376>
Posted on May 11, 2015 11:00 am<http://electionlawblog.org/?p=72376> by Rick Hasen<http://electionlawblog.org/?author=3>

Former Sen. Ted Kaufman oped.<http://www.delawareonline.com/story/opinion/2015/05/09/corporate-lobbyists-ones-heard/27042001/>

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Posted in lobbying<http://electionlawblog.org/?cat=28>
Chutzpah Dep¡¯t: Donors Get Special Call-in Number to Tx. Lt. Gov.<http://electionlawblog.org/?p=72374>
Posted on May 11, 2015 7:55 am<http://electionlawblog.org/?p=72374> by Rick Hasen<http://electionlawblog.org/?author=3>

AP.<http://news.yahoo.com/call-line-helps-business-leaders-shape-texas-laws-140332557--politics.html>

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
¡°The struggle to regulate big money in 2016¡å<http://electionlawblog.org/?p=72372>
Posted on May 11, 2015 7:54 am<http://electionlawblog.org/?p=72372> by Rick Hasen<http://electionlawblog.org/?author=3>

Ellen Weintraub<http://www.msnbc.com/up/watch/the-struggle-to-regulate-big-money-in-2016-442830915788> on Up with Steve.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
¡°The FEC¡¯s Problems Aren¡¯t with the GOP¡±<http://electionlawblog.org/?p=72370>
Posted on May 11, 2015 7:28 am<http://electionlawblog.org/?p=72370> by Rick Hasen<http://electionlawblog.org/?author=3>

FEC Commissioner Lee Goodman has written this oped <http://www.politico.com/magazine/story/2015/05/the-fecs-problems-arent-with-the-gop-117798.html#.VVC8StNVhHz> for Politico.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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