By: Brian Sikma

Nearly two weeks ago the Wisconsin Government Accountability Board declared that third-party groups and individual citizens may not participate in the recall petition verification and review process. The only individuals and third-party groups that are allowed to have direct contact with the GAB during this phase of the process are those who have circulated or signed the recall petitions currently under review. The question of public participation in the review of the petitions arose after recall organizers allegedly submitted 1.9 million signatures on six different recall petitions aimed at four state senators, the governor and lieutenant governor.

Courtesy of the Waukesha Patch

In Wisconsin, any individual may circulate or sign a recall petition, although petition signers must be Wisconsin residents and eligible to vote even if they are not registered to vote. Any third-party group is free to organize or participate in a recall petition circulation effort. Sixty days after filing documents declaring an intent to recall, organizers must turn over to the GAB the petitions they circulated. The GAB then reviews the petitions and the political party and campaign committee of the elected official targeted for recall may file numerous challenges questioning the accuracy or legitimacy of the data. Individual signers or circulators, as well as the organization or political party supporting their effort, are then given time to defend their work from the challenges raised.

The historic number of signatures turned in for this round of recall elections has placed a tremendous strain on the GAB’s normal review process. Even with the review periods extended, both the GAB and the campaign committees of recall targets have struggled to comprehensively review the petitions and check their legitimacy.

With the system overloaded, it was suggested that individual citizens be free to use information compiled by the non-partisan Verify The Recall effort, as well as their own individual efforts or first-hand knowledge, to bring irregularities, potential fraud and identity theft directly to the attention of the GAB. After all, since anyone can sign a recall petition it would be inappropriate to exclude the estimated 3.36 million voting-eligible citizens from the review process when they might have direct knowledge of fraud or be victims of fraud.

After the GAB decided to disenfranchise 3.36 million Wisconsinites from the recall review, part of a process that the GAB’s Kevin Kennedy likened to voter participation in an election, Media Trackers contacted lawmakers to get their thoughts.

Staff with Rep. Jeff Stone’s (R) office said that Stone believed the GAB’s decision was “strange” and “counterintuitive” because the recall petition process is otherwise open to anyone who is eligible to vote in Wisconsin. Dan Romportl, executive director of the Committee to Elect a Republican Senate, the party organization representing four state senators in the recall petition review process, echoed that line of reasoning. “The signature-collection effort was open to all voting-age citizens in Wisconsin. The verification of the petitions should be as well.” Romportl characterized the GAB’s disenfranchisement decision as “beyond ridiculous.”

Rep. Evan Wynn (R) said that he also believes that the GAB made the wrong decision when they chose to ignore citizens who have evidence or knowledge of fraud and identity theft. “As someone who has been the victim of identity theft,” Wynn told Media Trackers, “this concerns me.” He doesn’t think that the GAB should force citizens to go through a circuitous process that prevents them from directly contacting the GAB with evidence of fraud or ID theft. “I believe a citizen should be able to raise concerns directly to the GAB.”

Several lawmakers refused to comment after being contacted by Media Trackers. One Republican staffer speculated that because a number of legislators will be filing nominating papers and nominating petitions in June, some legislators might be reluctant to challenge the board now. This concern parallels a widespread sense among Republicans and conservatives that the GAB’s incompetence has generally benefited Democratic candidates and recall efforts over the past year. Democrat lawmakers Media Trackers sought comment from invariably refused to address the GAB’s disenfranchisement decision.

The accumulation of errors may eventually catch up to the GAB, and this latest decision could be the catalyst that sparks a series of reforms both to the GAB and the recall process. “The GAB’s continued failure to uphold the rule of law throughout this recall process is a clear indicator to the legislature that further reforms are required to protect the integrity of our republic,” declared State Rep. David Craig (R). Craig said the GAB’s disenfranchisement of voters was a “grave concern” and added that, “It is unconscionable that a government agency charged with the integrity of our electoral process would refuse to investigate a claim by an individual who reports that his/her name was fraudulently added to a recall petition.”

While for now there appear to be few if any options open for citizens in Wisconsin to challenge the GAB’s decision, the ire of lawmakers could signal a sunset for the era of a runaway, unaccountable GAB. Repeatedly, the GAB has made decisions and its officials have made statements that raise perplexing questions about the agency’s commitment to an electoral process that is fair to all and maximizes public input not just from one side, but all sides. When a government bureaucracy is tasked with an important responsibility but has no way of being held fully accountable by the public for its work, a dysfunctional process has been handed an opportunity for systemic failure.