Campaign-finance law won't get Wisconsin high court review
By The Associated Press
11.18.02
MADISON, Wis. — The Wisconsin Supreme Court has turned down a request by state Attorney General Jim Doyle to decide the constitutionality of the first major rewrite of state campaign-finance laws in 25 years.
Doyle joined critics in blasting the law, signed last summer by Gov. Scott McCallum as part of the state budget repair bill. As part of the law, Doyle was required to seek a state Supreme Court review of the reforms.
Doyle argued in his July filing with the court that the bill is unlikely to survive a legal challenge because of a provision creating a new 30-day window before elections in which independent groups must report to the state if they plan to run ads advocating the support or defeat of a candidate. They also must report how much they plan to spend on the ads.
On a 5-2 vote, and without comment, the court refused last week to hear the case. Justices N. Patrick Crooks and Jon Wilcox dissented.
Opponents of the changes complained that lawmakers designed the reforms with constitutional flaws and that it was destined to fail. The reforms include a provision stating that if any part of the package is declared unconstitutional, the entire law is invalid.
Although the state Supreme Court will not hear the case, opponents have taken a constitutional challenge to federal court. Briefs have been filed in the case, and U.S. District Judge Barbara Crabb is weighing the arguments.
The groups that filed the federal lawsuit include the Wisconsin Education Association Council and Wisconsin Manufacturers and Commerce.
Mike Wittenwyler, a Madison attorney representing several major lobbying groups that oppose the law, said the state Supreme Court's decision not to hear the case removes a potential procedural roadblock to receiving a federal court ruling.
"The Supreme Court has said there is no state court proceeding," Wittenwyler said. "Now the federal court can address the merits of the case because there are no more procedural questions at stake."
The groups' lawsuit contends the reform plan would limit free-speech rights of advocacy groups through new restrictions on so-called independent expenditures on advertising on behalf of or against candidates, a series of new reporting requirements, and a ban on shifting money between political action committees.
Among other facets of the new campaign-finance law are a $20 voluntary election fund checkoff on state income tax returns and increases in the amount of money that candidates who abide by spending limits could receive in public grants.