Republican gubernatorial candidate Mark Green's campaign sued eight of the nine members of the State Elections Board, leaving a law partner of the campaign's attorneys off the lawsuit.
Patrick Hodan, a Republican on the board, is a partner of the attorneys representing Green for Wisconsin, Daniel Kelly and Don Millis, who happens to be a former SEB chairman. Hodan recused himself from the SEB's vote ordering Green to return $467,844 from out-of-state political action committees not registered in Wisconsin.
The board issued a rule barring such PAC transfers to state accounts one day after Green moved about $1.3 million to his gubernatorial campaign.
Kelly and Millis went to court Friday to block the order sent by the SEB Sept. 6 forcing Green to divest the disputed contributions.
Four Democrats, along with Libertarian Party board member Jacob Burns, voted for Green to return the money, while Republican board members John Schober and John Savage sided with Green.
Wisconsin Supreme Court Chief Justice Shirley Abrahamson's appointee David Anstaett was absent for the vote, but he is being sued along with the voting members.
"This will be talked about in court," said Kyle Richmond, public information officer for the SEB. "We have no response on behalf of individual staff members."
Millis did not return phone calls as of press time, but in a previous interview he told The Badger Herald that the SEB rule is being enforced retroactively.
"For almost 30 years, the Elections Board had permitted candidates to convert federal funds to state funds," Millis said. "But a year and a half ago, the board did a 180 degree about-face and said, 'You can't do that anymore.'"
The Wisconsin Democracy Campaign, a nonpartisan political watchdog group, first brought Green's PAC transfer to the attention of the SEB.
Last week, the Republican Party of Wisconsin jumped on the issue of applying the campaign finance rule to past decisions made by the SEB. Following the WDC's action, the RPW sent a complaint to the Elections Board about now-Milwaukee Mayor Tom Barrett's transfer of federal money to his state campaign in November 2000. Barrett, like Green, was a U.S. House member running for governor, but the SEB unanimously supported Barrett's transfer at that time.
"Tom Barrett did exactly the same thing as Green," said Bob Delaporte, communications director for the RPW. "This is clearly a double standard for Democratic candidates, and a vast number of board members were appointed by [Green's opponent, Democratic Gov. Jim] Doyle."
Delaporte added the SEB told the RPW Barrett's case exceeded a three-year statute of limitations and their complaint would not be reviewed. Yet, according to Delaporte, the RPW has not received a specific explanation of why Green is now being held to this rule and others have not.
Green, a U.S. congressman from Green Bay, will face Doyle in the general election Nov. 7.
