Wisconsin campaign-finance overhaul struck down

By The Associated Press

12.14.02

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MADISON, Wis. — A federal judge struck down the first overhaul of Wisconsin's campaign finance laws in a quarter-century, but reform advocates said the decision only clears the way for another effort in the next legislative session.

"There was never any doubt this would be struck down," said Jay Heck, executive director of government watchdog group Common Cause in Wisconsin. "This clears the decks."

U.S. District Judge Barbara Crabb ruled on Dec. 11 that one provision in the law placed unconstitutional restrictions on ads political groups can run 30 days before an election.

Her decision strikes down almost all of the campaign-finance reforms included in a revised budget bill Gov. Scott McCallum signed last summer. The package included a nonseverability clause that meant all but one of the reforms would be thrown out if any section was found unconstitutional.

The package would not have taken effect until next year. Critics widely predicted it would be thrown out because lawmakers included portions they knew would be struck down.

"Everyone always knew this was a cynical backroom deal that would be declared unconstitutional," said Thad Nation, a spokesman for Gov.-elect Jim Doyle. "Now that it's been thrown out it gives us the opportunity to pass real campaign-finance reform during this next session."

Nation said Doyle likely wouldn't appeal Crabb's decision. McCallum spokesman Tim Roby said he hadn't seen the ruling and declined to comment.

Some of the state's most powerful lobbyist organizations, including the Wisconsin Education Association Council and Wisconsin Manufacturers and Commerce, challenged the reform package in court.

They argued the reforms would limit free-speech rights of advocacy groups through new restrictions on so-called independent advertising expenditures on behalf of or against candidates, a series of new reporting requirements and a ban on shifting money between political action committees.

"The judge recognized independent political speech has a place in the process," said Mike Wittenwyler, an attorney for the lobbyist groups.

The provision Crabb struck down required any group wishing to run an ad featuring a candidate within 30 days of an election to file a report detailing the ads it would run, how much it planned to spend and what candidates it planned to support or oppose by the 31st day before the election.

"Having to tell the government in advance whether we are or we're not going to communicate on something just goes against everything I learned in middle school about the Constitution," said Jerry Deschane, deputy executive vice president of Wisconsin Builders Association, one of the law's challengers.

Crabb said she did not have enough information to decide a challenge to another provision in the package that included other reporting requirements for ads that run 60 days before an election. It would have required reports on any communication for a "political purpose" that cost more than $250, but it was thrown out as well because of the nonseverability clause in the package.

She ruled a provision requiring TV stations to provide a minimum amount of free air time on public access channels and public TV stations to candidates couldn't be challenged under federal law. That provision was not subject to the nonseverability clause and will remain in place.

Sens. Jon Erpenbach, D-Middleton, and Mike Ellis, R-Neenah, anticipated the law would be struck down.

They already have proposed a new campaign-finance reform bill that would raise spending limits for publicly financed candidates and match whatever their opponents spend beyond them. The bill also would pay publicly financed candidates the difference if independent organizations or individuals spend more than 10% of the spending limit against them.

Nation said Doyle supports the general concept of the bill and would at least use it as a framework for new campaign finance reform.

"The constitutional concerns are addressed in the new campaign-finance reform bill. We are not telling advocacy groups what they can and can't do," Erpenbach said. "Next to the budget, I think this is the most important thing the Legislature will face this session."

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Federal court may join scrutiny of Wisconsin campaign-finance law
Judge rejects state Elections Board argument that federal court shouldn't consider challenge to law because state high court is already reviewing it.  11.09.02