The State Elections Board began investigating illegal campaign contributions to state Supreme Court candidate Annette Ziegler Monday after a government advocacy group reported the "clerical error."
Campaign spending documents examined by the Wisconsin Democracy Campaign reveal that a relative of Ziegler donated $500 more than the state's legal limit.
Wisconsin election laws permit individuals to contribute no more than $10,000 to state Supreme Court candidates. The State Elections Board confirmed Monday that R. Douglas Ziegler, retired chair of the family-owned Ziegler Companies, had paid $10,500 to the Washington County circuit judge's campaign.
Marci VanAdestine, a spokesperson for Annette Ziegler's campaign, said the contribution was a "clerical error," because a volunteer mistakenly told R. Douglas Ziegler he could continue to donate.
Once notified of the unlawful contribution, VanAdestine said the campaign returned the $500.
"It's not a big deal," VanAdestine added.
The violator could still face up to a $500 fine from the State Elections Board, said Richard Bohringer, a campaign auditor with the SEB. That penalty will depend on the board's investigation.
Historically, the board has chosen to fine first-time offenders $100 plus 10 percent of the illegal contribution — or in this case, a total of $150, Bohringer said.
According to campaign-finance reports, R. Douglas Ziegler contributed $500 June 10, 2006; $6,000 Dec. 7, 2006; and $4,000 Jan. 5, 2007. Bohringer said this kind of offense isn't completely uncommon since people can lose track over the calendar year.
Mike McCabe, executive director of the Wisconsin Democracy Campaign, criticized the SEB for not taking a stricter approach on campaign-finance violations.
"The board has been very lenient in the past," McCabe said. "The board hasn't made it a priority (to investigate violations). It's more a lack of political will than anything."
McCabe said it takes the Wisconsin Democracy Campaign eight to 10 weeks to enter campaign-finance data — usually between 15,000 and 20,000 new records — into a database that analyzes donations compared to legal limits.
After that, McCabe said, investigating spending violations is simply a matter of clicking a button.
Bohringer said the SEB is working on upgrading its database system.
"We just don't have a computer system that allows us to track original contributions," Bohringer said.
Generally, the SEB is made aware of violations through complaints. However, if the agency sees a credible report — like a Wisconsin Democracy Campaign release — it will usually check the findings.
McCabe said the SEB relies too heavily on complaints as sources.
"That created a situation where citizens were responsible for investigations," McCabe said. "We've tried to get away from complaints as much as possible."
SEB spokesperson Kyle Richmond said the board could act on the violation next month, but it would have to add the case to its agenda first. The board could choose not to act on the violation.
Richmond also said it's unlikely Annette Ziegler will face penalties because "in this case, it's the donor, not the recipient, who has gone over the limit."
Ziegler is slated to face Madison attorney Linda Clifford in the April 20 general election for the state Supreme Court seat of retiring Justice Jon P. Wilcox.
