Showing posts with label state Politics News. Show all posts
Showing posts with label state Politics News. Show all posts

Mar 30, 2026

Democrats, Zionism Target Liberty in Wisconsin

Over 850 people hit the streets in Ashland, Wisconsin
No Kings march. (Image from Ros Nelson, Facebook). 

Democrats Give Up Ship to Zionists

Commentary

Madison, Wisconsin — Wisconsin remains peace-and-liberty-minded. Peace movement flourishes here as exemplified in No Kings protests across the state last Saturday, seeing Jewish Voice for Peace and Vets for Peace folk, for example, as well as 1,000s of anti-ICE folks.

But elected Wisconsin Democrats in the state Capitol and Congress don't get the message of the people

In fact, Wisconsin Democrat politicians reject peace-and-liberty commitments of the people whom they represent, and Zionist work abounds among elected officials.

Wisconsin Democrat Pols Equal Zionists

The day before the No Kings demonstrations, Gov Tony Evers (D) signed into law Zionist-pushed legislation, (Assembly Bill 446; 2025 Wisconsin Act 143). 

The Zionist Act adapts absurd political definitions of anti-Semitism to further anti-liberty, thought-control purposes of aiding criminal sanction, codifying Zionist tenets, right as Zionist movement commits Genocide and annexes land, ala Nazi Germany, South Africa, and other totalitarian movements, (Wisconsin Examiner; The Capital Times; The Progressive Magazine).

The anti-Semitism definitions were adopted by the ironically self-defined International Holocaust Remembrance Alliance, a project advocating punitive criminal sanction worldwide for voicing thought at variance with Apartheid-Zionist thought. 

For example, the anti-Semitism definition would bring criminal sanction for, "drawing comparisons of contemporary Israeli policy to that of the Nazis," (International Holocaust Remembrance Alliance), if a legal claim is made of discrimination, or prejudicial action.

Some 37 states adopt some manner of Zionist thought control, as countries across the Western world even criminalize slogans calling for peace and human rights.

In practice, the new Zionist codification of alleged hate speech would empower Wisconsin municipalities' police, for example, to walk up to a citizen holding a sign condemning Israeli Apartheid, or torture, or rape, or Genocide, write a citation for disorderly conduct or some other bullshit municipal ticket, then under color of, and with aid of anti-Semitism statute, pursue hate-crime enhancer charges.

Notes Howard Schweber, UW-Madison First Amendment scholar, "But they’re [Wisconsin speech-code advocates] saying in all the contexts in which we already have laws that … target racist or prejudicial actions, where the claim is that the action is anti-Semitic, this is the definition we’ll use to test that claim," (Jacobs, The Capital Times).

And the hell with the First Amendment. Wisconsin already has a hate crime statute on the books.

In Wisconsin, municipal citations are first litigated in municipal courts, kangaroo courts in which Due Process rights are virtually non-existent. [See an illustration of mass politically motivated police actions and adjudication in action when 1,000s of citations from 2011-12 at the Wisconsin Capitol were written for singing or walking by and listening during anti-Gov. Scott Walker thought actions. All citations, after years of litigation, were thrown out and found violative of the First Amendment.]

All criminal prosecutions of lawful speech require is a dishonest cop and a crooked district attorney. As a lifelong Wisconsinite, I can assure such people exist.
Zionist work is about crushing dissent and liberty, just as Gov Scott Walker did.

UW-Madison Takes Aim at Anti-Genocide Student Government

The University of Wisconsin at Madison last week officially condemned a student government resolution advocating a Boycott, Divestment and Sanctions action against the Apartheid entity of Israel.

Reports the Badger Herald daily student newspaper: 
"The University of Wisconsin said Wednesday that it is disappointed with the passage of an Associated Students of Madison (ASM) resolution, according to a UW press release. The resolution issued a number of flawed, unrelated and illegal demands, according to the press release."

The ASM resolution, introduced by Students for Justice in Palestine, calls for the Universities of Wisconsin to divest from BlackRock index funds, which contain holdings in weapons manufacturers that supply weapons and military technology to the Rapid Support Forces in Sudan and the Israeli Defense Force, according to the resolution."

Wisconsin Sen. Tammy Baldwin (D)

Tammy Baldwin offers her Zionist perspective on a recent PBS Wisconsin interview, by omitting mention of Israel altogether in her discussion of the Israeli-U.S. war against Iran.

Sen Tammy Baldwin (D-Wisconsin) leads 
the Wisconsin congressional delegation in 
accepting Israel Lobby funds. Baldwin is a
reliable vote for the Israeli Lobby, and is
known as calculating and mealy-mouthed.
This apes a recent trend in which writers absurdly minimize or obscure Israeli involvement in the Israeli-U.S. war against Iran, (Foreign Policy; Jewish Currents; CounterPunch; ScheerReport). 

Iran War? Who? Israel?

From social media, to columns in weekly newspapers such as the Mount Horeb Mail, Baldwin takes the Zionist line on anti-Semitism and Israeli wars. [Full disclosure. I wrote in a reply to Baldwin's PBS Wisconsin interview: "Typical Baldwin. Not one word about Israel (Baldwin took $700,000 from Israel Lobby), national security state, a moral assessment. Baldwin was vacuous and clueless. How can you address the Israeli-U.S. War against Iran, and not mention Israel?"]

Meanwhile, fellow Zionists in Congress such as Rep. Debbie Wasserman Schultz (D-Fla) work with the police to target anti-Zionist thought, lest the American people put a stop to American support for the Zionist entity, Israel. 

In Miami Beach, police visit the homes of those citizens who dare voice disapproval of Israel.

The aim is intimidation. Now, one woman is suing. 

Wasserman Schultz and similarly-minded Zionists will not stop.


---
Wisconsin people remain tied to best traditions, but we face a time when virtually all state and federal elected representatives are First Amendment illiterates and pro-Zionist cowards, preferring passive compliance over active thought. 

The country witnesses Zionist attempts to criminalize lawful public dissent, disregarding liberty and open discussion of governments—human work that remains not just personal liberty but an essential part of our free society, and simple decency.

But not if  Zionists and allies get their way.  #
MICHAEL LEON is a writer living in Madison, Wisconsin. His writing has appeared nationally in The Progressive, In These Times, and CounterPunch.

Mar 8, 2025

Kenosha County Sheriff Uses Office to Appear in Wisconsin Supreme Court Attack Ad

Oconto County Sheriff Todd Scarban don his official
uniform, claiming to speak for Wisconsin law enforcement, in
an attack ad against Dane County Judge Susan Crawford,
candidate for Wisconsin Supreme Court. The Zoerner ad is part of
a heavy ad buy by Wisconsin Manufacturers and Commerce.

Kenosha County Sheriff David W. Zoerner and Oconto County Sheriff Todd Scarban don official uniforms in new attack ad. Zoerner claims to speak for Wisconsin law enforcement, in the ad against Dane County Judge Susan Crawford, candidate for Wisconsin Supreme Court.

Crawford is running against former Republican Attorney General Brad Schimel in a closely watched April 1 election.

In the Zoerner ad, the office of Judge Crawford's office phone number is listed, as a narrator urges phone calls to the office.
 
The Kenosha County Sheriff's office has a history of overt hostility toward black people, advocating openly black people should be 'warehoused away,' as noted prominently in the Washington Post.

CNN has also reported on the racist Kenosha County sheriff office.

Jun 21, 2019

Wisconsin Supreme Court Issues Absurd and Corrupt Decision for Republican Party's Political Coalition; Vote Is Four-to-Three

League of Women Voter v. Tony Evers consolidates
Wisconsin Republicans' latest scheme.

Republican Justices' Opinion Defies Law and Logic


Madison, Wisconsin— The four rightwing justices on the Wisconsin Supreme Court issued another ruling to benefit legislative Republicans in Wisconsin's 'lame-duck session' case.

The case is: 2019 WI 75 SUPREME COURT OF WISCONSINCASE NO.: 2019AP559.
The League of Women Voters, Disability Rights of Wisconsin, Inc., Black Leaders Organizing for Communities, Guillermo Aceves, Michael J. Cain, John S. Greene and Michael Doyle, in his official capacity as Clerk of Green County v. Tony Evers.

The current four Republican Party rightwing justices are Patience D. Roggensack, Annette Kingsland Ziegler, Rebecca Grassl Bradley, and Daniel Kelly.

All four voted to uphold a series of laws and appointments passed in the Dec 2018 Extraordinary Session called to benefit the Republican Party and weaken two constitutional state offices won by Democrats in the 2018 election.

At issue is whether the lame-duck Dec 2019 extraordinary session was legal and constitutional.

The Republican justices prevailed 4-3 in the case.

Republican justices on the Court currently hold a four-to-three majority. This Republican majority will increase to five-to-two after Justice Shirley S. Abrahamson is replaced by Republican judge, Brian Hagedorn on July 31, 2019.

A dissent is authored by Justice Rebecca Frank Dallet, and is joined by Justices Shirley S. Abrahamson and Ann Walsh Bradley.

The activist rightwingers on the Court appear to be no longer bound by the Wisconsin Constitution, Wisconsin statutes and statutory interpretation.

Now, in light of the Republican justices' ruling, the state Constitution and laws governing the legislature's sessions are contradictory, meaningless and no longer applicable.

Reads Justice Dallet's dissent (pp 5-8 ) in part:

¶47 The majority opinion subverts the constitutional text in two ways to legitimize the December 2018 extraordinary session. First, the majority opinion asserts that the extraordinary session was really part of a regular session because when the Legislature first met on January 3, 2017, to convene its regular session, it stayed in a continuous two-year "biennial session" until January 7, 2019.7 It is elementary to point out that an "extraordinary," or "special," session by its very name, is the opposite of a "regular," or "planned," session. Although the title of Wis. Stat. § 13.02, "Regular sessions," alone is not dispositive, it is "persuasive evidence of a statutory interpretation." Mireles v. LIRC, 2000 WI 96, ¶60 n.13, 237 Wis. 2d 69, 613 N.W.2d 875.

¶48 Under the majority opinion's reading of Article IV, Section 11, the words "at such time" and "unless" become superfluous because the Legislature could meet at any time. Yet, this court has recognized that "[t]o avoid surplusage, our analysis must also take into account and give meaning to the choice of the word[s]" in the constitutional provision. Appling, 358 Wis. 2d 132, ¶25. A continuous two-year session

7 The majority opinion continuously references the term "biennial session"; however, Wisconsin has not had a biennial legislative session for nearly 50 years. Since 1971, the law has mandated that the Legislature "shall meet annually." Wis. Stat. § 13.02. Section 13.02(3) says that the Legislature "shall" hold "at least one meeting in January of each year." If there is a singular meeting coextensive with the entire biennial session period, this phrase is meaningless.
would also render meaningless several other laws which distinguish between days that the Legislature is in session and days when it is not.8 The majority opinion fails to logically explain how a continuous two-year session comports with the constitutional mandate to meet at "such time as shall be provided by law."9

¶49 Second, the majority opinion further subverts the constitutional text by redefining the clause "as shall be provided by law" to include a joint resolution passed by the Legislature.10 The majority accepts the Legislature's assertion

8 For example, Wis. Stat. § 13.625(1m)(b)1 prohibits lobbyists from making financial contributions to legislators until "the legislature has concluded its final floorperiod." Under this statutory section, no lobbyist could ever be certain that the Legislature "has concluded its final floorperiod." Further, Wis. Stat. § 757.13, which limits the courts' jurisdiction over members of the Legislature while they are "in session," would be rendered virtually meaningless if the Legislature was in one perpetual session. Finally, Wis. Stat. § 13.123, which sets forth the extent to which legislators are entitled to a per diem allowance for food and lodging, would be meaningless if the Legislature met perpetually. Under the majority's reasoning, legislators would be entitled to per diem reimbursement every day of every year, which undermines the entire purpose of a per diem reimbursement.

9 Since 1848, Article IV, Section 11 has been amended twice, but it is noteworthy that neither revision has transferred extraordinary convening authority to the Legislature.

10 In a novel argument that the majority raises on behalf of the Legislature, it asserts that like extraordinary sessions, floorperiods are not mentioned in the statutory text. Majority op., ¶22. However, as counsel for the League properly pointed out at oral argument, the work schedule, which governs the regular session, references floorperiods and the legislative journals inform us that floorperiods have long been considered part of the regular session. On the other hand, non- prescheduled floor sessions, like the extraordinary session here, were not part of the regular session.
that the work schedule set forth in JR1 allowed the Legislature to reserve to itself every unscheduled day for the possible convening of an extraordinary session. I agree with the circuit court that the Legislature's purported ability to meet any day, even if it is not scheduled, is the antithesis of a work schedule as set forth in Wis. Stat. § 13.02(3) "by both definition and force of logic." The distinction between a session "provided by law" as set forth in § 13.02 and the Legislature's attempt to reserve to itself through a joint resolution the unlimited power to schedule an extraordinary session is made even clearer by the existence of specific statutory provisions that do explicitly set forth extraordinary sessions.11 See, e.g., Wis. Stat. § 196.497(10)(c) ("[w]ithin 120 days after the bill is introduced the appropriate committees in each house of the legislature shall authorize an extraordinary session of the legislature to commence within the 120 days and to extend until the legislature passes the bill or passes a joint resolution which disapproves of the agreement or modification . . . ) (emphasis added); see also 1987 Wisconsin Act 4 (temporarily creating Wis. Stat. § 13.02(3m) to authorize an extraordinary session between the biennial session period's two regular annual sessions). Ultimately if the Legislature wanted to meet in December 2018 in accordance with the Constitution, it should have passed a bill to authorize extraordinary sessions, as it has done in the past. ...

11 The explicit reference to an extraordinary session in our statutes also shows that regular and extraordinary sessions are treated distinctly and are different in kind. This is more than just a dispute over taxonomy and the proper naming of sessions. 

Jun 19, 2019

Wisconsin's 'Lame-duck' Case Decision Coming Friday, June 21

Wisconsin Supreme Court at the state capitol. Inside this
  iron door deliberation dies, Republican reign is ascendant.
Madison, Wisconsin — The Wisconsin Supreme Court will release its opinion Friday, June 21 in the politically charged lame-duck case, reads a June 19 Court memo.

The case is 2019AP559 League of Women Voters of Wisconsin v. Tony Evers.

The public release of the ruling was announced on the Wisconsin Supreme Court's Opinions Scheduled for Release Memo, June 19.

Republican-leaning justices on the Court are expected to issue a decision on this intensely political case to favor Republicans over existing law and contemporary statutory interpretation.

Republican-leaning justices on the Court currently hold a four-to-three majority. This Republican majority will increase to five-to-two after Justice Shirley S. Abrahamson is replaced by Republican judge, Brian Hagedorn on July 31, 2019. Hagedorn is not expected to participate in this decision.

The current four Republican Party rightwing justices are Patience D. Roggensack, Annette Kingsland Ziegler, Rebecca Grassl Bradley, and Daniel Kelly.

The case is heavily briefed; and amicus briefs have been filed by dozens of attorneys, scholars, citizen groups' social justice, civil rights, industry and environmental groups.

The briefs offer arguments and points of law, bringing to the attention of the Court salient issues that may otherwise be overlooked.

One such brief was filed by the Wisconsin Democracy Campaign last month in May, (Mal Contends).

May 16, 2019

Republican Justices on Wisconsin Supreme Court Signal Support for Republicans' Lame-Duck Legislation

Legislature's Argument Leads to Absurd Results, Rendering Several Statutes Meaningless, Says Amicus Brief Filed by Wisconsin Democracy Campaign


Updated - Madison, Wisconsin — Republican-leaning Wisconsin Supreme Court justices signaled their support for Republican legislators who convened a lame-duck session last December to pass laws written to help Republicans, (Associated Press).

But the case is a legal super-fight with no clear outcome.

An interesting Wisconsin Democracy Campaign brief argues that the Republican-led Wisconsin Legislature's arguments made in support of the constitutionality of the Dec 2018 extraordinary session leads to absurd results, including rendering several state statutes meaningless.

The Supreme Court heard oral arguments May 15 in League of Women Voters of Wisconsin v. Tony Evers, Appeal Number 2019AP000559. [Long caption: League of Women Voters of Wisconsin, Disability Rights Wisconsin, Inc., Black Leaders Organizing for Communities, Guillermo Aceves, Michael J. Cain, John S. Greene and Michael Doyle, in his official capacity as Clerk of Green County, Plaintiffs-Respondents, v. Tony Evers, in his official capacity as Governor of the State of Wisconsin, Defendant-Respondent, Wisconsin Legislature, Intervening Defendant-Appellant.]

The lame-duck session was found to violate the Wisconsin Constitution by Circuit Court Judge Richard G. Niess in March 2019.

Though the December 2018 lame-duck session was unprecedented in state history, corporate media continue to characterize the Republican rightwingers as "conservative," in contravention of the Republican Party's radical departure from legislative norms that the lame-duck session exemplifies.

Republican-leaning justices on the Court will issue a decision on this intensely political case this Summer that some expect to favor Republicans over existing law and contemporary statutory interpretation.

Republican-leaning justices on the Court currently hold a four-to-three majority. This Republican majority will increase to five-to-two after Justice Shirley S. Abrahamson is replaced by Republican judge, Brian Hagedorn on July 31, 2019. Hagedorn is not expected to participate in this decision.

The current four Republican Party rightwing justices are Patience D. Roggensack, Annette Kingsland Ziegler, Rebecca Grassl Bradley, and Daniel Kelly.

The case is heavily briefed; and amicus briefs have been filed by dozens of attorneys, scholars, citizen groups' social justice, civil rights, industry and environmental groups.

The briefs offer arguments and points of law, bringing to the attention of the Court salient issues that may otherwise be overlooked.

Following are the link to the May 7, 2019 press release from the Wisconsin Democracy Campaign, and sections of the argument of the amicus brief text, written in support of the plaintiffs.

The Wisconsin Democracy Campaign's brief argues that the Republican-led Wisconsin Legislature's arguments made in support of the constitutionality of the Dec 2018 extraordinary session leads to absurd results, including rendering several state statutes meaningless.

Counsel for the Wisconsin Legislature is attorney Misha Tseytlin who is advancing a novel theory of a continuous session of the legislature. See May 7, 2019 Reply Brief. [League of Women Voters of Wisconsin v. Tony Evers Appeal Number 2019AP000559 Wisconsin Supreme Court]

The Introduction, Argument and Conclusion sections of the Campaign's brief are reproduced below.

INTRODUCTION 

The Wisconsin Constitution controls when the Wisconsin Legislature may meet.  With the exception of special sessions convened by the Governor, the  Legislature  has  authority  to  “meet”  only  at  “such  time  as  shall  be provided by law.”  Wis. Const. art. IV, § 11.  The circuit court correctly held that “provided by law” means “provided by duly-enacted statute.”  (R. 90 at 2.)     

The only statute implementing Article IV, Section 11 is Wis. Stat. § 13.02, titled “Regular session.”  The opening words of the statute are: “The legislature shall meet annually.”  Subsection (1) instructs as to when the Legislature  “shall  convene”  to  “organize  itself  for  the  conduct  of  its business.” Subsection (2) sets forth the time when the “regular session” shall commence  “in  each  year  unless  otherwise  provided  under  sub.  (3).”  Subsection  (3)  directs  the  joint  committee  on  legislative  organization  to “meet and develop a work schedule for the legislative session, which shall include at least one meeting in January of each year.”  Finally, subsection (4) provides that “[a]ny measures introduced in the regular annual session of the odd-numbered year which do not receive final action shall carry over to the regular annual session held in the even-numbered year.”  Nowhere does Wis. Stat. § 13.02 provide “by law” for the Legislature to meet in extraordinary session.

Before this Court is the question of whether the Legislature violated Article IV, Section 11 when it convened the December 2018 Extraordinary 3 Session.  (Br. at 1.1)  The circuit court agreed with the Plaintiffs-Appellees that  it  did.    (R.  90  at  7.)  The  Legislature  insists  that  there  is  but  one continuous biennial session of the Legislature.  (See, e.g.,Leg. Br. at 4.2)  The  Legislature’s  argument  cannot  be  true  because  it  would  negate constitutional provisions and contravene existing statutes, stripping them of any meaning.

ARGUMENT

I. THE  LEGISLATURE’S  INSISTENCE  THAT  IT  MEETS  IN “CONTINUOUS SESSION” LEADS TO ABSURD RESULTS THAT RENDER NUMEROUS STATUTES MEANINGLESS
.

The Legislature claims that it “meet[s] continuously throughout the biennial session period, with final adjournment occurring only immediately before the next biennial session begins.”  (Leg. Br. at 4.)  The Legislature further argues that “the 2017-18 Legislature unquestionably met in January 2017  and  did  not  stop  meeting  until  January  2019.”  (Id. at 18.)  The Legislature’s argument does not hold water.  The Legislature’s claim that it meets continuously is baseless and yields absurd results that render existing law meaningless. The circuit court correctly held:

____________________
1 “Br. at __.)” refers to pages in Plaintiffs-Appellees’ brief filed on April 30, 2019.

2 “Leg. Br. at __” refers to pages in the Legislature’s opening merits brief filed on April 10, 2019. 
The bottom line in this case is that the Legislature did not lawfully meet during its December 2018  “Extraordinary  Session,” which  therefore proceeded in violation of both Article IV, Section 11 of the Wisconsin Constitution and its sole implementing statute § 13.02, Stats. The former constrains the Legislature from meeting except in two circumstances:  (1) “at such time as shall be provided by law,” i.e., by statute, (2) “unless convened by the governor in special session.”

Neither circumstance occurred with the December 2018 “Extraordinary Session.”  For whatever reason, Governor Walker did not exercise his constitutional authority to call a special session.  And Section 13.02 does not set any “time” for an extraordinary session, as required by Article IV, Section 11.  Indeed, nothing in § 13.02, Stats., authorizes the Legislature to self-convene and meet, as it did last December, upon mere committee vote months after final adjournment of its 2018 regular session.
(R. 90 at 7.)

This  Court  has  a  responsibility  “to  ascertain  and  apply  the  plain meaning of the statutes as adopted by the legislature.” Kieninger v. Crown Equip.  Corp., 2019 WI 27, ¶14, 386 Wis. 2d 1, 924 N.W.2d 172.  Here, however, as demonstrated below, the plain meaning of the statutes cannot be applied   under   the   Legislature’s   “continuous   session”   erroneous interpretation of the Constitution or Wis. Stat. § 13.02.

A. If the Legislature’s Claim That It Meets in “Continuous Session” Were  Correct,  a  Lobbyist  Could  Never  Make  Campaign Contributions and a Legislator Could Never Accept Campaign Contributions from a Lobbyist.

Section 13.625(1m)(b) of the Wisconsin Statutes restricts lobbyists from making financial contributions to legislators until the Legislature is no longer in session.  Section 13.625(1m)(b) states, in relevant part:

A lobbyist may make a personal contribution to a partisan elective state official or candidate for partisan elective state office or to the candidate committee of the official or candidate between the first day authorized by law for the circulation of nomination papers as a candidate at a general election or special election and the day of the day of the general election or special elections, except that:

1. A contribution to a candidate for legislative office may be made during  that  period  only  if  the  legislature  has  concluded  its  final floorperiod, and is not in special or extraordinary session.
The  text  is  clear.  Lobbyists may not contribute  to  campaigns  for current legislators or to campaigns for candidates for Assembly or Senate while  the  Legislature  is  in  session.    Insteasignd,  a  lobbyist  may  make  a personal contribution to a legislator or a legislative candidate only after the Legislature  has  concluded  its  final  floorperiod  and  is  not  in  special  or extraordinary session.3  The Legislature’s claim that the Legislature is in continuous session would render Wis. Stat. § 13.625(1m)(b)1 meaningless.

If  it  were  true  that  the  Legislature  meets  in  continuous  session,  a lobbyist could never make a campaign contribution because there would never  be  a  period  during  which  the  Legislature  “has  concluded  its  final - continued -

3 The Legislature argues that the December 2018 Extraordinary Session was simply a non-prescheduled floorperiod occurring during the regular session.  (Leg. Br. at 35-37.)  

The Legislature further argues that statutory references to “extraordinary sessions” somehow render extraordinary sessions legitimate.  (Leg. Br. pp. 36-37.)  However, the  mere  mention  of  extraordinary  sessions  cannot,  and  do  not, authorize  the legislature to convene “by law” in extraordinary session as required by Article IV, Section 11. 
- floorperiod” since adjournment occurs “immediately before the next biennial session begins.”  (Leg. Br. at 4.)  It would follow that any contribution to a legislator or a candidate for legislative office ever made by a lobbyist is made in violation of Wis. Stat. § 13.625(1m)(b). The Legislature cannot have it both  ways.   It  cannot  meet  in  continuous  session  and  lawfully  accept lobbyists’  campaign  contributions. To  find  otherwise  would  render  the language of Wis. Stat. § 13.625(1m)(b) meaningless. 

The Legislature’s theory thus requires a finding that legislators and candidates for legislative  office  violate  the  law  each  time  they  accept campaign contributions from lobbyists.  On this basis, current members of the  Legislature  have  violated  the  law.4    If  true,  the  Legislature’s  own argument could lead to the mass indictment of legislators for violations of Wis. Stat. § 13.625(1m)(b).5  Not only does the Legislature’s assertion lead to absurd results, it renders Wis. Stat. § 13.625(1m)(b) meaningless. Statutes - continued -

4 See https://www.wisdc.org/index.php?option=com_wdcfinancedatabase&view= searchadvanced&active_search=1&ic_date_start=06%2F01%2F2018&ic_date_end=12%2F31%2F2019&ic_name=&cand_last_name=&ic_employer=&ic_interest=&ic_city=&ic_state=&ic_zip=&ic_amount_start=0&ic_amount_end=0&limit=100&filter_order=ic.contribution_date&filter_order_Dir=DESC&custom_page=1 (last visited on May 3, 2019.

5 These same legislators, however, would be immunized from court proceedings in perpetuum, see Section B., infra, yielding yet another absurd result. 
should  be  interpreted  in  such  a  way  that  no  provision  is rendered meaningless. See, e.g., Belding v. Demoulin, 2014 WI 8, ¶¶ 33-34, 352 Wis. 2d 359, 374, 843 N.W.2d 373.  See also Bostco LLC v. Milwaukee Metro. Sewerage Dist., 2013 WI 78, ¶ 217, 350 Wis. 2d 554, 664, 835 N.W.2d 160 (“We are required to read statutes so that no part is rendered meaningless or superfluous and so that the statute is not rendered unreasonable or absurd”).

B. If the Legislature were in “Continuous Session,” LegislatorsCould  Evade  the  Jurisdiction  of  the  Court  Until  Their Retirement

If the Legislature were in “continuous session,” the result would be that Wis. Stat. § 757.13 and Article IV, § 15 of the Constitution, which limit the courts’ jurisdiction over members of the Legislature while they are in session, would be rendered virtually meaningless.  Legislators could evade trial and avoid participation in court proceedings for decades, or perhaps even permanently.6  The wrongheadness of the Legislature’s contention that it “meets continuously” is demonstrated by its inability to coexist with Wis. Stat. § 757.13 and Article IV, § 15 of the Constitution.

6 To illustrate, a current member of the Legislature has served continuously for more than six decades and, under the Legislature’s theory, could avoid prosecution or court proceedings for the duration of that service. 
Under section 757.13, Stats., “[w]hen a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for  the  adjournment  or  continuance  of  the  action  or  proceeding, and  the adjournment  or  continuance  shall  be  granted  without  the  imposition  of terms.” (Emphasis added.) If the Legislature is in continuous session, there would be “sufficient cause for the adjournment or continuance of [any] action or proceeding” to which the Legislator is a witness, party, or any attorney for a party and would render Wis. Stat. § 757.13 mere surplusage.  Certainly, it cannot  be  true  that  legislators  are  immune  from  participation  in  court proceedings for years, or even decades. No person—not even a member of the Legislature—is above the law. 

The language of Article IV, § 15 of the Wisconsin Constitution is similarly meaningless if the Legislature’s assertion that it is in “continuous session”  is  applied.    Article  IV,  Section  15  provides:    “Members  of  the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the  session  of  the  legislature, nor  for  fifteen  days  next  before  the commencement  and  after  the  termination  of  each  session.”  (Emphasis added.)  But the Legislature contends that “final adjournment occur[s] only immediately before  the  next  biennial  session  begins.”  (Leg.  Br.  at  4.)  (Emphasis added.)  If the Legislature meets in continuous session, Article IV, Section 11 is rendered not only superfluous but nonsensical: there would be no be fifteen-day period before the commencement of a session or  after the termination of a session and, more importantly, there would be no period during which a legislator would be subject to process.

Accordingly, every single legislator would be immune to civil process for the length of their term of office.  Wis. Const. art. IV, § 15.  This is absurd. 

Additionally,  if  the  Legislature  sincerely  believed  that  it  meets  in continuous session, it would not have adopted 2017 Act 369 in the December 2018 Extraordinary Session, which requires service on various members and committees of the Legislature in certain judicial proceedings which, in turn, authorizes the Legislature’s intervention in those proceedings. See 2017 Wis. Act 369, §§ 7, 8, 98, 99, 101.  The Legislature received notice of the instant lawsuit by service of process (R.43, 44, 45), which led to its intervention. The Legislature’s position in this lawsuit, if credited, renders compliance with this new law impossible. It would truly be perverse to believe that the Legislature adopted this law with the very intention of imposing a service requirement that cannot be met.  Accordingly, the only logical conclusion is that the words the Legislature adopted as a part of 2017 Wis. Act 369, Section 7, 8, 98, 99, and 101 have meaning, and their meaning requires that the Legislature’s theory of a continuous session be rejected. 

The Legislature’s assertion of a “continuous session” in light of a contradictory law it adopted mere months ago defies common sense and, as a result, must fail.

C. If  a  Continuous  Session  Existed,  Legislators  Would  Be Entitled to Per Diem Reimbursement 365 Days of the Year.

Section 13.123 of the Wisconsin Statutes sets forth, inter alia, the extent to which legislators are entitled to a per diem allowance for food and lodging. The statute would not make sense if, as the Legislature contends in this Court, it meets perpetually. If the Legislature met in continuous session, legislators would be entitled to per diem reimbursement every day of every year; that would undermine the entire purpose of a per diem reimbursement because it would effectively become just a part of a legislator’s salary. In relevant part, Wis. Stat. § 13.123 provides:

IN-SESSION  EXPENSES.7  (a)  1.  Any  member  of  the  legislature  who  has signified ... the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging ... but not including any Saturday or Sunday . . .                          * * *

(b) No allowance shall be paid under this subsection for any day during a recess of the legislature for 30 days or more unless so provided by joint resolution adopted by both houses of the legislature.  
(Emphases added.)

The details of the statute are significant.  First, if the Legislature were in continuous session, as it contends, it would follow that the legislators could claim per diem expenses for every day of the biennium.  Because the Legislature’s position is that “final adjournment occur[s] only immediately before the next biennial session begins” (Leg. Br. at 4), “IN-SESSION EXPENSES” would apply to every single day of the biennial session.  No legislator  claims per diem expenses  for  every  day  of  the  year,  because, simply, the Legislature is not in session every day of the year. Indeed, in the last year for which public records are available, only two legislators—out of  - continued -

7 Although  a  statutory  title  cannot  overrule  the  language  of  the law,  the  title  “is persuasive evidence of a statutory interpretation.” Mireles v. LIRC, 2000 WI 96, ¶60 n.13,  237  Wis.  2d  69,  613  N.W.2d  875  (citing  Pure  Milk  Prods.  Coop.  v.  Nat’l Farmers Org., 64 Wis. 2d 241, 253, 219 N.W.2d 564 (1974)); accord Scalia & Garner, supra, at 221 (“Titles and headings are permissible indicators of meaning.”).

This statutory section’s title of “IN-SESSION  EXPENSES” affirms  the intention that legislators be reimbursed for expenses while the Legislature is in session.  If, however, the Legislature is continuously in session, it follows that the term “expenses” need not be qualified by “in-session.” 
- 132—claimed per diem expenses for even half the calendar days in the year. See https://www.postcrescent.com/story/news/investigations/ 2018/02/06/ wisconsin-legislators-claim-over-1-3-million-allowances-but-work-fewerdays/ 307599002/ (last visited May 3, 2019).

Second,  the  Legislature’s  contention  renders  meaningless  other sections  of  Wis.  Stat.  §  13.123.  For example, Wis. Stat. § 13.123(1)(b) provides:  “No allowance shall be paid under this subsection for any day during a recess of the legislature for 30 days or more unless so provided by joint  resolution  adopted  by  both  houses  of  the  legislature.”    (Emphasis added.)  A recess  is,  by definition,  a  time  when  the Legislature is not in session.  There can be no recess—a time during which the Legislature does not meet—if the Legislature is in “continuous session.” 

By excluding Saturdays, Sundays, and periods of recess as times the Legislature is not in session, the statute clearly contradicts the Legislature’s claim that it is continuously in session.   

CONCLUSION

The  arguments  set  forth  above  illustrate that the position the Legislature has asserted in this litigation about “continuous sessions” is both contrary to existing law and would, if true, significantly retrench Wisconsin’s tradition of and commitment to government transparency. For these reasons, Wisconsin Democracy Campaign respectfully urges the Court to affirm the circuit court’s Decision and Order.

May 3, 2019
Respectfully submitted,
 /s/ Jeanne M. Armstrong
Jeanne M. Armstrong
State Bar No. 1021451
Christopher J. Dodge
State Bar No. 1011530
Attorneys for Wisconsin Democracy Campaign

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Press Release for Wisconsin Democracy Campaign
May 7, 2019

Wisconsin Democracy Campaign Submits Amicus Brief in Lame-Duck Case 

On May 3, the Wisconsin Democracy Campaign submitted a motion for leave to file an amicus curiae brief to the Wisconsin Supreme Court in one of the lame-duck lawsuits. On May 6, the Wisconsin Supreme Court granted the motion and accepted the brief for filing.

Supporting the case brought by the League of Women Voters of Wisconsin, Disability Rights Wisconsin, and the Black Leaders Organizing for Communities, the brief by the Wisconsin Democracy Campaign punches several holes in one of the main arguments by the Republican leadership.

That argument contends that the Legislature meets “continuously through the biennial session,” and this contention is designed to rebut the charge that the lame-duck session was illegitimate.

But this defense—essentially, that the Legislature is always in session until the next session begins—is “absurd,” says the brief by the Wisconsin Democracy Campaign. “Acceptance of the Legislature’s argument would ensure that neither the Constitution nor the laws of Wisconsin could be properly construed and followed,” it states.

The brief points out that the logic of the Republicans’ argument would mean that “a lobbyist could never make campaign contributions and a legislator could never accept campaign contributions from a lobbyist.” The reason for this is simple: Current Wisconsin law allows lobbyists to make contributions only when the legislature is not in session. But since their argument is that the Legislature is always in session, they’ve got a big problem on their hands.

“The Legislature’s theory thus requires a finding that legislators and candidates for legislative office violate the law each time they accept campaign contributions from lobbyists,” the brief states. “If true, the Legislature’s own argument could lead to the mass indictment of legislators.”

The brief also notes that “if the Legislature were in ‘continuous session,’ Legislators could evade the jurisdiction of the court until their retirement.”

Current Wisconsin law says that a legislator can’t be party to a suit while the Legislature is in session so if the Legislature is always in session, there’s no way to take legal action against any legislator.

“Certainly, it cannot be true that legislators are immune from participation in court proceedings for years, or even decades,” the brief states. “No person – not even a member of the Legislature—is above the law.”

And here’s one for the Wisconsin taxpayer: If the Legislature serves in “continuous session,” then every legislator could put in for their “per diems” – their expense allowances -- every day for two years!

The law on “per diems,” incidentally, recognizes that the Legislature is not in “continuous session.” It states: “No allowance shall be paid under this subsection for any day during a recess of the Legislature for 30 days or more...” As the Wisconsin Democracy Campaign brief notes: “If the Legislature is in ‘continuous session,’ then how can there be a recess?”

The brief was filed by attorneys Jeanne Armstrong and Christopher Dodge of Fuhrman & Dodge.

Matt Rothschild, the executive director of the Wisconsin Democracy Campaign, hailed the work of Armstrong and Dodge. “Our lawyers did a terrific job in showing just how ludicrous the Republicans’ argument is,” Rothschild said.
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