Reform Update
January 22, 2013
 
CONTACT: 
Jay Heck – 608/256-2686 
Common Cause in Wisconsin Reform Update - January 22, 2013
1. Former Assembly Speaker Jeff Fitzgerald is Now Contract Lobbyist Jeff Fitzgerald
2. Yet Another Scheme to Try to Rig Elections 
 
After the November election last year, the 
Common Cause in Wisconsin State Governing Board met and hammered out 
a list of reform priorities  that we are pursuing in 2013 -- with redistricting reform at the top of  the list. We will have much more to say about those initiatives in the  weeks ahead. 
But a couple of other critical issues have come  across our radar screen and need to be on yours as well, as a result of  breaking news developments in the new year. 
Please add these  concerns to the long list of issues that those of us who care about  honest, responsive and accountable government and public policy need to  be acting upon:
1. Republican 
Jeff Fitzgerald  was elected to the Wisconsin Assembly in 2000 and rose to become the  Assembly Speaker in 2011 -- orchestrating one of the most tumultuous and  divisive legislative sessions in Wisconsin's history. Then, last year,  he made a seemingly halfhearted run for the Republican nomination for  U.S. Senate, finishing a distant fourth in the field of four major  candidates (behind 
Tommy Thompson, 
Eric Hovde and 
Mark Neumann).  Some observers suggested that Fitzgerald ran, not to win, but rather to  increase his statewide visibility to help him when he changed careers  to do what he was really intending to do all along -- become a  well-compensated Capitol lobbyist. 
In early January, newly-former Speaker Fitzgerald registered to lobby for 
School Choice Wisconsin which has also hired another former Republican Speaker-turned lobbyist, 
John Gard of Peshtigo. This organization also have ties to yet another former GOP Assembly Speaker -- the disgraced 
Scott Jensen, who was criminally charged in the infamous Legislative Caucus Scandal that engulfed state government in 2001-2002.
Fitzgerald  Consulting, LLC of Horicon, Wisconsin may attract other well-heeled  clients besides the lavishly funded School Choice organization because  of the perception that a recent Assembly Speaker still has a lot of  influence and clout with his former colleagues in the majority party in  the Legislature. Clearly, Fitzgerald would have an advantage in  advancing the interests of those clients better than other, less  well-connected, lobbyists. 
Which is exactly the problem. 
Jeff Fitzgerald is hardly the first legislator to cash in immediately after leaving the Wisconsin Legislature. But he ought to be the last. 
Since  1997, CC/WI has advocated for at least a one-year "cooling off" period  for an ex-legislator before he or she begins influencing his or her  former legislative colleagues. For a number of years our champion on  this legislation was former Republican State Representative Stephen Freese  of Dodgeville. We are currently searching for a new champion. Of either  political party. Legislators of both parties ought to support this. 
Minnesota  has a one-year "cooling off" period for legislators; in Iowa, it is two  years. Michigan has a limited cooling off period which needs to be  extended according to observers there, but in Wisconsin there is nothing. We do have a one-year cooling off period for state public officials, but not legislators. 
Most of the 50 other states have something stronger than Wisconsin.  Even states like Alabama and Louisiana -- not usually known as pillars  of "good government" -- have two-year cooling off periods for  legislators. Mississippi, usually the worst state in the nation for  almost anything, has a one-year cooling off period. Why not Wisconsin?  Take a look at what other states do  and see for yourself how far behind Wisconsin lags in this area -- as  we do in so many others. There is even a one-year cooling off period for  Members of the U.S. House of Representatives and the U.S. Senate. But  again, nothing in Wisconsin. 
The Wisconsin State Journal issued a powerful editorial  recently calling for a one-year cooling off period for legislators  before they can begin strong-arming their former legislative colleagues  (and the editorial cited CC/WI's efforts in this struggle). That  editorial was re-run in newspapers all over the state in recent days  including the La Crosse Tribune, the Appleton Post Crescent, the Stevens Point Journal, the Wisconsin Rapids Daily Tribune and others.
2. In November, 2012, President Barack Obama won re-election with 332 electoral votes over challenger Mitt Romney,  who won 206 electoral votes. Obama also easily out-polled Romney in the  popular vote count by more than 4.5 million votes nationwide. So Obama  won a significant majority on both counts, unlike in 2000, when Texas  Governor George W. Bush lost the nationwide popular vote by 543,895 to Vice President Al Gore  but was awarded Florida, and a 271 to 266 electoral college vote  victory and thereby, the U.S. Presidency in a 5 to 4 U.S. Supreme Court  decision.
A number of very high level Republicans are not only  very unhappy with the outcome of the 2012 Presidential Election -- which  was described by many neutral observers as an Obama landslide -- but  they are working on a scheme to ensure that a Democratic Presidential  candidate will not win the Presidency any time soon -- even if they win a  plurality of the popular vote and a majority of the electoral college  votes under the current system. 
Wisconsin Governor Scott Walker, new Republican Assembly Speaker Robin Vos  and, most significantly, failed Wisconsin State Senate candidate in  2002 and the current Chairman of the Republican National Committee, Reince Preibus,  have all spoken favorably of this partisan scheme to change 224 years  of American law -- dating back to George Washington -- with regard to  how we elect the President of the United States. 
The scheme? To  award the electoral votes to a candidate on the basis of who wins the  most votes in each congressional district instead of the 224-year old  provision in law that awards a state's electoral votes to the candidate  for the Presidency who wins the most votes in that state. And of course  the reason these Republicans want to do this is because Republicans  currently hold a majority of the seats in the U.S. House of  Representatives and are likely to maintain that majority for years to  come because of the partisan gerrymandering (redistricting) of  congressional and state legislative districts that occurred in 2010 by  majority Republican Legislatures all around the nation, including in  Wisconsin. 
Had this been in place in Wisconsin in 2012, Obama,  despite winning the popular vote in the state by more than 205,000,  would not have taken all of our 10 electoral votes. Romney won a  majority in five of Wisconsin's eight congressional districts so he  would have been awarded five electoral votes and Obama five -- one for  each of the three congressional districts in which he had more votes  than Romney and the two electoral votes alloted to every state for their  two U.S. Senate seats -- which are awarded to the candidate who tallies  the most popular votes in the state. 
How is that fair?
If you have not done so already, you must read this excellent exposé by Brendan Fischer of the Center for Media and Democracy on this critical matter.
*   *   *
What can you do about this and about the disgraceful revolving  door situation we currently have in Wisconsin with regard to legislators  being able to immediately cash in and lobby their former colleagues?
Contact both your State Senator and your State Representative; their addresses, emails and phone numbers can be found in the State Senate and Assembly directories. If you are not sure who your state legislators are, you can look them up here. 
Here  is the message to legislators on the revolving door problem: "Wisconsin  Legislators ought to have to wait at least a year before they can lobby  their former colleagues. Support legislation to require a one-year  "cooling off" period. Better yet, please take the initiative yourself  and initiate legislation that would accomplish this!"
Here is another message to call, write or e-mail to both your State Senator and  your State Representative: "Any scheme that would award the electoral  votes for President to a candidate on the basis of who wins a  congressional district rather than who wins the entire state and the  most votes is fraudulent and undemocratic. If such a measure is  introduced in Wisconsin, I demand that you oppose and speak out against  it." 
Jay Heck, Executive Director
Common Cause in Wisconsin
152 W. Johnson St., Suite 212
Madison, WI  53703
608/256-2686
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