The Sept. 10 primary election is just around the corner and supporters of Sen. Gary George, D-Milwaukee, are asking that he be put back on the ballot.
Late last week, George said that if he is not back on the ballot, he encourages supporters to vote for Attorney General Jim Doyle.
James Toran, a Milwaukee-based lawyer, filed the petition with the Supreme Court on behalf of Marcia Coggs, a former state representative from Milwaukee, as well as four other city residents.
Absentee ballots have already been cast.
George was removed from the governor’s ballot after University of Wisconsin student Daniel McMurray challenged George’s nomination papers, claiming he had falsified or forged signatures on his petition. George was temporarily removed from the ballot while district attorneys from three counties — Dane, La Crosse and Milwaukee — investigated the claim. He was permanently removed from the ballot after 221 signatures were found to be either forged or fraudulent.
In the petition, Toran said the investigation was conducted too quickly and could be inaccurate. Toran also called the state Elections Board’s decision to remove George from the ballot “unreasonable” and said new absentee ballots should be printed with the senator’s name. Toran was not available for comment Tuesday.
In the petition Toran said David Halbrooks, the board member requesting the investigation of George’s papers, was appointed by George’s political rival, Sen. Chuck Chvala, D-Madison.
Last month, Chvala admitted to using $2,400 in campaign funds to help remove George from the ballot.
Chvala said when he noticed George had more than the number of required signatures, and that some appeared to be false, he agreed to pay for a handwriting expert to investigate the forgeries.
“I agreed to pay for the cost of further investigation of the legitimacy of the signatures by a handwriting expert,” Chvala said. “The bottom line is that no candidate should be able to get on the ballot with signatures that are either forged or procured through fraud.”
Chvala also secretly backed McMurray’s complaint against George.
The Supreme Court has ordered the Elections Board to respond to Toran’s petition by Sept. 4.
Elections board Executive Director Kevin Kennedy said the board would comply with court orders before noon today.
“We are responding to the request,” Kennedy said. “Our response will attempt to address the criticism. We are going to appeal the claim; we don’t think that individual citizens have a right to decide who is on the ballot.”
Kennedy said citizens could not pick candidates who are not qualified for the position.
“Citizens don’t have a right to pick who the candidates are going to be,” Kennedy said. “If a candidate does not file a petition or does not meet the criteria, there is nothing a citizens can do.”
If he is not allowed back on the ballot, George will back fellow democrat Jim Doyle for governor.
“I am pleased to have Sen. George’s endorsement, and I appreciate having his support in my campaign to fight for people and fight for change,” Doyle said. “Gary added value to the debate in this election and was a voice for many people. As I have said before, I applaud him for having the courage to join me in calling for an end to legislators’ use of taxpayer-money for legal fees to protect themselves.”
