The legal counsel for the State Elections Board announced Tuesday he did not find any evidence that the State Senate Democratic Committee illegally coordinated with independent groups to elect Democrats to the Wisconsin Senate in November.

In a non-binding advisory opinion, George Dunst told the Republican Party of Wisconsin that the election strategy plans for Senate Democrats did not show the Democrats had broken any state rules or laws against "collusion." The strategy memo — obtained by Senate Republicans months ago — details the independent expenditure group Progressive Majority Wisconsin planned to conduct polling and opposition research in six key Senate races.

Dunst cited Wisconsin statutes that say such groups like Progressive Majority Wisconsin cannot "act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported." Dunst found the group did not break this statute, as it worked through the SSDC — a legislative campaign committee — and not with any specific candidate.

Kyle Richmond, public information officer for the Elections Board, said the RPW would now have to decide whether to pursue further action.

"Coordination with the Progressive Majority fund is a violation only if an individual Senate Democrat candidate worked through the organization," said Jay Heck, executive director of the government watchdog group Common Cause Wisconsin and former SSDC staffer. "But there's no indication from the memo that is the case."

The opinion follows last week's petition from RPW officials asking whether references in the SSDC document to other groups, including Progressive Majority Wisconsin, indicated illegal activity. The RPW asked if the activities showed a pattern of poll sharing or researching that was either illegal or must be reported based on campaign-finance laws.

The upcoming Nov. 7 election is particularly significant to Senate Democrats, as they are attempting to pick up three seats to gain majority control of the Senate, now held 19-14 by Republicans.

Democrats charged that the strategy memo was stolen from the personal belongings of state Sen. Mark Miller, D-Monona, who mistakenly had the binder of SSDC Director Matt Swentkofske and left the binder and his belongings in a Capitol coatroom. Republicans said a Capitol aide, who has not been identified, found the documents from the binder near a copy machine in the room.

SSDC is investigating the unnamed source and Miller requested the State Ethics Board and Capitol Police investigate possible theft of the strategy documents this week.

"It is truly disappointing to think someone, perhaps someone in a position of trust, dug through the personal belongings of a State Senator and committed outright theft and may have further broken the law by using state resources to copy a campaign document for political purposes," Miller said in a letter.