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Attorney general to stay on lawsuit

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A Dane County judge ruled Wednesday that Attorney General J.B. Van Hollen will be allowed to remain on the case for his lawsuit against an election agency over voter registration for the upcoming November election.

Van Hollen sued the Government Accountability Board in the middle of the month over their decision to check voter registrations after Aug. 6, 2008, rather than after Jan. 1, 2006, as required by the Help America Vote Act of 2002.

Wednesday was the second day of court, when Judge Maryann Sumi ruled on four motions — the first on the Government Accountability Board’s motion to remove Van Hollen from the case due a conflict of interest.

According to Lester Pines, attorney for the Government Accountability Board, Van Hollen was representing the board on three different cases at the time the lawsuit was filed and can therefore not sue them under the laws of professional ethics as laid out by the Supreme Court of Wisconsin.

“Fundamentally, a lawyer cannot sue a client whom that lawyer represents,” Pines said. “That’s from a common sense standpoint, that the lawyer owes duty of loyalty to their client.”

Attorney Steven Means, who represents Van Hollen, argued the rules are not so simple when it comes to attorney generals.

According to Means, rules applying to private practice lawyers do not apply to attorney generals due to their elected state position, which can put them in these situations time and time again.

There are, however, rules to protect against conflict of interests which force attorneys to go through a screening process, which the attorney general did submit to and pass, according to a statement submitted to the court by Kevin Potter, administrator for the Department of Justice.

After hearing both sides of the argument, Sumi decided that it was in the nature of the job of attorney general to have some conflicts of interest, but due to the screening process, there was no reason to disqualify the attorney general from his case.

Sumi also granted all motions by outside parties to join the lawsuit, including the Republican Party of Wisconsin, the Democratic Party of Wisconsin and Madison Teachers Inc. in cooperation with Madison Firefighters.

“Intervention is the procedural way outsiders to lawsuit who have interest get to participate,” Sumi said. “It hopes to resolve as many related issues in a single lawsuit consistent with judicial efficiency.”

The Attorney General’s office was against all motions to intervene because it could slow down the process of the case, which is already on a deadline due to the looming November election.

The Government Accountability Board refused to take a stance on the motions, due to the nonpartisan nature of the board and its members.

After ruling on all the motions, Sumi then set a timeline for the rest of the trial, setting the next court date for Oct. 23, two weeks before the November election.


9 Comments | Leave a comment

Good work Attorney General Van Hollen! Now can you deal with the fraud Pedro Colon committed?? His actions are an example of the voter fraud I believe you are trying to deal with. Why haven’t you made your decsion on his case? Here’s a guy who has broken the electoral laws and gets a free pass. His case is a great example for you to show What should not go on in elections!

It’s about time that someone with autority challenges the voter fraud issues specifically in Milwaukee. Sue Edman has downplayed a horrific mess that has existed for too many years at the election commission. I believe everyone who can vote should vote. I don’t see a problem with Voter ID’s. I believe that would help the prevention of voter fraud. Milwaukee is known among the unions,special interest groups and local “get out the vote” projects for sneaking illegal voters to the polls. Why are people so opposed to having clean, legal elections? This isn’t a third world country. Quit the grandstanding and let the Attorney General help us fix the problems. The GAB is a joke. We have the GAB Rules and the Statutes. Scrap the GAB rules because the Board uses them to “make” us believe that they are playing fair. It’s a joke. Representative Pedro Colon downright committed Fraud! Why is no one acting on that. Look at his nomination papers. It’s clear to the naked eye. Yet they voted to keep him on the ballot. Oh ofcourse they had to give the public the impression that they are a fair board by taking a few signatures away from him. Then who does he have doing his GOTV? A group that deals with Unducmented persons! Voces de La Frontera. Something smells awfully funny here. The GAB is a joke. I say dismantel the Government Accountabilty Board and start fresh. They obviously have dropped the ball on many other issues. I understand this is a basically new group of Judges. Get off the pot! As for the Attorney General, Van Hollen, why don’t you show us an example of what you are trying to prevent. Representative Colons Nomination papers, campaign and voter Fraud!

So the GAB has been in full effect for a few months total, and you think it’s time to dismantle it? Yeah, that sounds like an informed, well-reasoned position. Not cheap partisan hackery at all.

The amount of voters voting illegally is alot less than the amount Van Hollen will disenfranchise. If it is up to him everyone who does not have a current address on their drivers license will lose the right to vote. How many college students do you know that update their license every year they move. Supporting Van Hollen and his mission to steal votes is one of the most ignorant things you can do.

What! Voter fraud is wrong?

I thought that the “Chicago Way” rules were in effect for this election.

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I see a huge problem with using the D.M.V. records to determine voter eligibility. My wife works in a nursing home, and has noted that many elderly, particularly woman, do not have drivers licenses nor Wisconsin identification cards, yet they vote religiously.

Van Hollen’s suit would stop those elderly people from voting. Also many poor people who don’t drive and can’t afford ID cards, such as many Northern Farmers, and trappers, would also be denied the right to vote. If even one eligible voter is denied his or her basic right to take part in our democracy, this lawsuit should be tossed into the garbage can where it belongs

Mr. Dinkel, you obviously are not in touch with what really happened with the nomination Papers of Rep Colon. They’re on line. Take a good look at them. If small time voter registration workers are getting arrested, what the heck, why is Rep. Pedro colon not? Voter fruad is a crime! The GAB is a newly formed board that has no clue on how to deal with these issues. They claim that they send verification cards to newly registered voters. Thousands are still waiting. And what have they done with the returns? Their staff doesn’t return phone calls and when they do, they don’t have any idea how to provide accurate information. “UM, I’ll get back to you” have been waiting for them for years,months and weeks. If Mr. Colon sits on the committee to “fund the GAB” who do you think they are going to be in favor of? These aren’t college or highschool students, They are judges!!! Stupid Judges at that. Or perhaps in their “newby status” they are afraid to rock the boat. It seems to me that Attorney General Van Hollen had no choice but to sue. The Gab board is a sad example of how our government is NOT working. Then you get a dumb ass, president of the Democratic Party who is a pupet that only knows how to scream. Mr. Dumb ass, please get someone to help you articulate your thoughts or the thoughts given to you by those really in command. Question to your paying members, what have you done lately? You collect a fat paycheck as well as your cronies, but what have you done lately? And now someone in a high position dares to mess up your illegal GOTV operations. ‘huray guys we got a good one to go after’!!So you had a dozen protestors against Van Hollen’s hearing. Man, you’re a joke! Where’s all the union workers you force to pay your salaries? You all are grandstanders, lazy asses with your cute little offices that our hard working men and women pay for. Did you ask them how they feel. I’ve talked to many who don’t agree with your stands. Yes, it’s time for new democrats as well. (and not play ring around the posey) your union members have done a disgrace to the REAL DEMOCRATIC PARTY! MOVE ON, YOU GUYS ARE THE ONES WITH THE PORK IN YOUR HANDS. YOU’RE INEFFECTIVE AND THE SAD PART IS THAT YOU’RE DOING THIS ON THE DIME OF THE REAL WORKERS!

What happened to the Colon investigation? Was that just a bogus political answer to get him on the ballot? I’ve looked at the Madison papers, Milwaukee Papers and nothing. Can someone answer that question? Or is he in with Van Hollen. Is Atty.G Van Hollen covering for him. Damn, finally when I began to get involved and volunteer for the elections, I get let down. Van Hollen do your job or step aside and let someone else do it for you.

To whom it may concern: Why are they fighting for illegal voter registration now, when it’s been going on for a long time. You guys are behind in the times! But if you are going through with this get all the crooks!

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