Hamilton Political Tidbits - Sept. 15, 2010
Voters in Wisconsin went to the polls yesterday in record numbers - an estimated 28 percent - to select statewide and legislative candidates for the November general election. Many of the state legislative races were open seats, with 23 legislators - three senators and 20 representatives - either retiring or seeking higher offices.
The most closely watched race was the Republican gubernatorial primary election, where Milwaukee County Executive Scott Walker defeated former Congressman and current home builder Mark Neumann. Walker now faces the Democratic candidate, Milwaukee Mayor Tom Barrett in the general election.
In the lieutenant governor race, Assemblyman Democrat Tom Nelson will join Barrett on the ticket, while former TV news anchor Rebecca Kleefisch will join Walker on the Republican side.
A hotly contested race on the Democratic side was for the 7th Senate District in Milwaukee, where Milwaukee County Supervisor Chris Larson unseated Jeff Plale. A number of outside groups spent large amounts of money seeking to unseat Sen. Plale in favor of the more liberal Larson. Those groups blamed Plale for the demise of the climate change bill in the past legislative session.
Another notable race was for the seat held by longtime State Rep. Spencer Black (D-Madison), who was first elected in 1984. Brett Hulsey was victorious, defeating four other candidates, including Dane County Supervisor Diane Hesselbein. Because the district is solidly Democratic, Hulsey is all but certain to prevail in the general election.
At the federal level, Republican candidate for U.S. Senate, Ron Johnson, easily defeated his opponent, Watertown businessman David Westlake. Johnson will face Sen. Russ Feingold, who has held the seat since 1992.
In the 7th Congressional District, Republican Sean Duffy easily defeated his opponent, Dan Mielke, and will face State Sen. Julie Lassa (D-Stevens Point) in the general election to fill the vacant seat of longtime Congressman, Dave Obey. Another closely watched primary was in the 8th Congressional District, where Reid Ribble defeated his two opponents - Terri McCormick and State Rep. Roger Roth (R-Appleton). Reid faces Congressman Steven Kagen (D), who is considered vulnerable by many pundits.
While politics dominates the news, the Wisconsin Supreme Court began its 2010-11 term. Below is a discussion a few notable cases the Court will decide this year.
Political Tidbits will provide continuous updates on election news and other government news. Also, please visit Hamilton Consulting Group's Blog for timely updates.
Wisconsin Primary 2010
Governor
Republicans
- Scott Walker – 59%
- Mark Neumann – 39%
Democrats
- Tom Barrett – 90%
- Tim John – 10%
Lieutenant Governor
Republicans
- Brett Davis – 25%
- Rebecca Kleefisch – 47%
- Robert Gerald Lorge – 10%
- Dave Ross – 15%
- Nick Voegeli – 4%
Democrats
- Spencer Coggs – 21%
- Tom Nelson – 52%
- Henry Sanders – 9%
- James L. Schneider – 18%
State Treasurer
Republicans
- Scott Feldt – 36%
- Jim Sanfilippo – 27%
- Kurt W. Schuller – 37%
Democrats
- Dan Bohrod – 33%
- Dawn Marie Sass – Incumbent – 67%
U.S. Senate
- Ron Johnson (R) – 85%
- Dave Westlake (R) – 10%
- Stephen Finn (R) – 5%
Winner faces Senator Russ Feingold in general election.
U.S. House
| 2nd CD Republicans
| 7th CD Democrats
|
| 3rd CD Republicans
| 8th CD Republicans
|
| 4th CD Democrats
|
State Senate Primaries
| SD-1 Dave Hutchinson (R) – 35% Frank Lasee (R) – 57% Jon Soyring (R) – 8% Open seat vacated by retiring Sen. Alan Lasee (R). Winner faces Montgomery Elmer (D) in the general election. | SD-27 Tom Lamberson (R) – 23% Kurt Schlicht (R) – 58% Tony Wickersham (R) – 18% Winner faces Senator Jon Erpenbach (D) in general election. |
| SD-7 Chris Larson (D) – 61% Jeff Plale (D) – Incumbent – 39% Winner faces Jess Ripp (R) in general election. | SD-29 Jimmy Boy Edming (R) 30% Pam Galloway (R) – 70% Winner faces Senator Russ Decker (D) in general election. |
| SD-21 Bob Gulan (R) – 20% Van H. Wanggaard (R) – 80% Winner faces Senator John Lehman (D) in general election. | SD-33 Tim Dietrich (R) – 26% Rich Zipperer (R) – 74% Winner replaces retiring Senator Ted Kanavas (R). |
State Assembly Primaries
| AD-2 Andre Jacque (R) – 49% Terry Ostrander (R) – 17% Jeff Van Straten (R) – 34% The winner faces Rep. Ted Zigmunt (D) in the general election. | AD-45 Jeff Klett (R) – 20% Jim Reseburg (R) – 10% Amy Loudenbeck (R) – 70% Rick Valdez (D) – 33% Roger Anclam (D) – 67% |
| AD-4 Sam Dunlop (D) – 68% Jeff Korenak (D) – 12% Joel Opperman (D) – 20% Winner faces Republican Chad Weininger in the general election. | AD-49 Travis Tranel (R) – 54% David Kuhle (R) – 46% Winner will face Rep. Phil Garthwaite (D) in the general election. |
| AD-5 Craig Fletcher (R) – 31% Jim Steinke (R) 38% David Landwehr (R) – 31% Winner faces Democrat Mert Summers in this open seat. | AD-52 Tim Lakin (R) – 31% Jeremy Thiesfeldt (R) – 69% Winner will face Democrat Paul Czisny (D) in this open seat general election. |
| AD-7 Scott Dettman (D) 36% Peggy Krusick (D) Incumbent – 64% Winner faces Republican Brad Sponholz in the general election. | AD-56 Jim Pleuss (R) – 28% Jay Schroeder (R) – 13% Michelle Litjens (R) – 60% Winner will be the next representative of this district. |
| AD-8 Jocasta Zamarripa (D) – 53% Angel Sanchez (D) – 31% Laura Manriquez (D) – 17% Winner faces Independent Ramona Rivas in the general election. | AD-57 Chris Hanson (R) – 58% Charles Schmidt (R) – 23% Howard Miller (R) – 18% Winner will face Rep. Penny Bernard Schaber (D). |
| AD-10 Stephanie Findley (D) – 27% Sherman Hill (D) – 7% Elizabeth Coggs (D) – 67% Winner faces Independent Ieshuh Griffin in the general election. | AD-58 Pat Strachota (R) Incumbent – 81% Jeff Kling (R) – 19% Winner will be the next representative of this district. |
| AD-14 Ryan Shulander (R) – 4% Dale Kooyenga (R) – 61% Christopher Maurer (R) – 12% Michael Olen (R) – 2% David Coon (R) – 17% Dennis Kaun (R) – 4% Winner will be the next representative of this district. | AD-61 Robert Turner (D) Incumbent – 78% James Dematthew (D) – 22% Winner will face Libertarian George Meyers in the general election. |
| AD-15 David Nickel (R) – 43% Ronald Rieboldt (R) – 57% Winner faces Rep. Tony Staskunas (D) in the general election. | AD-67 Dean Gullickson (R) – 16% James Lewis (R) – 10% Tom Larson (R) – 30% Donald Moga (R) – 22% Tamara Marie Deutsch (R) – 7% Marv Prestrud (R) – 15% Winner will face Democrat C.W. King and Independent Thomas Lange in the general election. |
| AD-16 James Dieter (D) – 30% Leon Young (D) Incumbent – 70% Winner will represent this district. | AD-70 John Spiros (R) – 50% Stephen Zdun (R) – 50% Winner will face Rep. Amy Sue Vruwink in the general election. |
| AD-17 Barbara Toles (D) Incumbent – 83% Michael Erdmann (D) – 17% Winner will represent this district. | AD-72 John Minarcin (R) – 33% Scott Krug (R) – 35% John Lamb (R) – 32% Winner will face Rep. Marlin Schneider (D) in the general election. |
| AD-20 Steve Kraeger (R) – 47% Molly McGartland (R) – 53% Winner will face Rep. Christine Sinicki in the general election. | AD-74 Janet Bewley (D) – 67% Gene Louma (D) – 33% Winner will face Republican Shirl Labarre in this open seat general election. |
| AD-26 Terry Van Akkeren (D) Incumbent – 80% Juan Perez (D) – 20% Michael Endsley (R) – 78% Kevin Matichek (R) – 22% | AD-75 Dari McDonald (R) – 9% Don Quinton (R) – 14% Roger Rivard (R) – 40% Judith Wells Espeseth (R) – 37% Winner will face Democrat Steve Perala in this open seat general election. |
| AD-27 Steven Kestell (R) Incumbent – 56% Randy Meyer (R) – 44% Winner will face Independent Jack Lechler in the general election. | AD-77 John Imes (D) – 5% Douglas Zwank (D) – 3% Dianne Hesselbein (D) – 30% Fred Wade (D) – 17% Brett Hulsey (D) – 44% Winner will face Republican David Redick in this open seat general election. |
| AD-30 Ben Plunkett (D) – 31% Matt Borup (D) – 69% Winner will face Republican Dean Knudson in this open seat general election. | AD-79 Tom Clauder (R) – 76% Carl Skalitzky (R) – 24% Winner will face Rep. Sondy Pope-Roberts in the general election. |
| AD-31 Steve Nass (R) Incumbent – 75% Craig Alan Peterson (R) – 25% Winner will face Libertarian Leroy Watson in the general election. | AD-82 Jeff Stone (R) Incumbent – 82% Larry Gamble (R) – 18% Winner will be the next representative of this district. |
| AD-32 Adam Gibbs (R) – 23% Mel Nieuwenhuis (R) – 22% Dan Necci (R) – 22% Tyler August (R) – 22% John Finley (R) – 5% Thomas Stelling (R) – 7% Winner will face Democrat Doug Harrod in the general election. | AD-84 John Marek (R) – 39% Mike Kuglitsch (R) – 40% Perry Grutza (R) – 5% Dave Swarthout (R) – 16% Winner will face Democrat Don Vanpool in this open seat general election. |
| AD-33 Steve Ksobiech (R) – 6% Brian Dorow (R) – 35% Chris Kapenga (R) – 39% Joseph Deklotz (R) – 19% Winner will be the next representative of this district. | AD-90 Karl Van Roy (R) Incumbent – 73% Daniel Nowak (R) – 27% Winner will face Democrat Lou Ann Weix in the general election. |
| AD-35 Jeremy Cordova (R) – 36% Tom Tiffany (R) – 64% Winner will face Democrat Jerome Schmelling in this open seat general election. | AD-93 Mike Conlin (R) – 36% Issac Weix (R) – 25% Warren Petryk (R) – 39% Winner will face Rep. Jeff Smith (D) in the general election. |
| AD-41 Joan Ballweg (R) Incumbent – 73% Nicholas Quade (R) – 27% Winner will face Democrat Scott Milheiser and Independent Jeremiah Selthofner in the general election. | AD-95 Julian Bradley (R) – 46% Nick Charles (R) – 54% Winner will face Rep. Jennifer Shilling (D) in the general election. |
| AD-42 Jack Cummings (R) – 45% Scott Frostman (R) – 18% Eric Helland (R) – 37% Winner will face Rep. Fred Clark (D) in the general election. | AD-98 Thomas Schellinger (R) - 40% Paul Farrow (R) – 60% Winner will face Democrat Victor Weers in this open seat general election. |
| AD-44 William Truman (R) – 20% Joe Knilans (R) – 48% Charles Knipp (R) – 19% Kenneth Brotheridge (R) – 13% Winner will face Assembly Speaker Mike Sheridan (D) in the general election. | AD-99 Don Pridemore (R) Incumbent – 58% Scott Henke (R) – 24% Jim Batzko (R) – 18% Winner will face Democrat Tom Hibbard in the general election. |
Lawsuit Challenges Law Banning Employers Discussing Unions with Employees
The Wisconsin Manufacturers and Commerce and Metropolitan Milwaukee Association of Commerce this week filed a lawsuit challenging recently enacted legislation that prohibits employers from discussing with employees whether to join unions.
Under 2009 Wisconsin Act 290 (SB 585), the Department of Workforce Development now requires employers to post in their workplaces a notice advising employees of their rights under the new law. Employers that violate the new law by discriminating against or retaliating against employees who refuse to attend meetings that discuss joining unions are liable for punitive and compensatory damages. Wisconsin is only the second state in the nation to pass such a law, joining Oregon.
In their lawsuit, WMC and MMAC argue that for over 60 years employers have had a federally protected right to hold mandatory meetings with employees to discuss the pros and cons of joining or supporting a union. Specifically, the business groups argue that Wisconsin's new law unlawfully interferes with free speech under the First Amendment and is preempted by federal law.
The lawsuit was filed in the United States District Court, Eastern District of Wisconsin.
Wisconsin Supreme Court Begins New Term
The Wisconsin Supreme Court earlier this month kicked off its 2010-11 term when it began hearing oral arguments in a number of pending cases. Below are synopses of the most notable cases scheduled for oral arguments before the Supreme Court the next few months:
Nestle USA, Inc. v. Wisconsin Dept. of Revenue, 08AP322
This case involves a property tax dispute between Nestlé USA and the Wisconsin Department of Revenue (DOR). The Wisconsin Tax Appeals Commission upheld DOR's valuation for years 2003 and 2004 improvements to Nestlé's Gateway plant in Eau Claire. The Nestlé plant manufacturers powdered infant formula. DOR's appraiser assessed the value of Nestlé's improvements at $9,579,900. Nestlé's appraiser valued the property at $3,430,000 under one methodology and $3,590,000 under another methodology.
Nestlé argues that DOR erred by failing to apply the comparable sales approach in valuating the property and by making the assessment based on the property's intrinsic worth to Nestlé, and not its market value.
The central dispute involves the plant's marketability for continued use as a powered infant formula plant. The DOR appraiser considered using the comparable sales approach in assessing the plant, which is a determination of value based on sales of other "reasonably comparable" properties. But instead, the DOR appraiser used the cost approach, which values improvements in light of the cost of building a replacement structure.
A decision by the Court will clarify the standards for assessing the value of special use facilities.
Bryan Casper, et al v. American Int. South Ins. Co., et al, 06AP1229, 06AP2512, 07AP369
This case involves a number of important legal issues which stem from an automobile accident involving a truck driver and a family (Caspers) in a minivan, who were seriously injured.
The most significant legal issue involves whether the CEO of the company that employed the truck driver can be personally liable in negligence for approving the route the driver took the day of the accident. The court of appeals ruled that a negligence claim against a corporate officer personally exists as a matter of law and sent this portion of the case back to the lower court to determine whether the facts supported such a finding against the CEO of the company.
The other issue involves the procedural question of what constitutes "excusable neglect" when failing to answer the complaint in a timely fashion. The Caspers filed their lawsuit against National Union, an insurer for one of the employers of the truck driver. The insurer failed to answer the complaint by the 45-day deadline imposed under Wis. Stat. 802.06(1). As a result, the Caspars moved for a default judgment against the insurer. The insurer moved to allow for more time to file its answer based on excusable neglect.
The circuit court found that the insurer's failure to file its answer in a timely manner constituted "excusable neglect" under Wis. Stat. § 801.15(2)(a) and allowed the insurer extra time to answer the complaint. The Caspars appealed the lower court's decision, which the court of appeals upheld ruling that the insurer's failure to timely answer the complaint constituted "excusable neglect." The Wisconsin Supreme Court will further expound upon what constitutes "excusable neglect."
Curt Andersen et al. v. Dept. of Natural Resources, 08AP3235
This case involves a couple of issues surrounding a dispute between environmental groups and the Wisconsin Department of Natural Resources (DNR) over re-issuing a wastewater discharge permit for a paper manufacturing company in Green Bay. Specifically, the issue issues in the case are:
1. Whether Wisconsin law (Wis. Stat. § 283.63) requires that contested issues be raised during the public comment period during rulemaking to preserve those issues for consideration during later proceedings; and
2. Whether the DNR lacks authority to determine whether a Wisconsin Pollutant Discharge Elimination System (WPDES) permit violates federal law.
The DNR issued a WPDES permit to Fort James Operating Co. in Green Bay. In lieu of limiting mercury discharges, the proposed permit required mercury sampling under an alternative limitation plan. The proposed permit also included a phosphorus effluent limitation. Environmental groups (environmentalists) objected to the proposed phosphorus limitations in written comments submitted to the DNR. The environmentalists, however, failed to contest the permit terms governing mercury sampling.
The DNR issued a final decision on the permit, determining that none of the environmentalists' objections merited further action. The environmentalists then petitioned the DNR for review pursuant to Wis. Stat. § 283.63(1) and requested a public hearing. In their petition, the environmentalists renewed their previous assertions, but also raised new objections. Specifically, the environmentalists objected to the permit terms governing mercury sampling.
The DNR denied the portion of the petition raising the new objections. The DNR ruled that an issue may be raised at a contested case hearing only if it had been raised during the public comment period. The circuit court affirmed this ruling. The court of appeals reversed.
The DNR also ruled that it lacked authority to determine whether the permit conditions complied with federal law. The circuit court upheld the DNR's decision. The court of appeals reversed.
Both issues will be addressed by the Wisconsin Supreme Court.
For details, go to Hamilton Consulting Fundraiser Calendar. Johnson, Feingold: In their own words: Milwaukee Journal Sentinel, Sept. 15, 2010. Here is what Ron Johnson, Republican, and U.S. Sen. Russ Feingold (D-Wis.) had to say in their official statements after last night's primary. Oshkosh businessman Ron Johnson wraps up primary, looks ahead to facing Sen. Russ Feingold for U.S. Senate seat: Appleton Post-Crescent, Sept. 15, 2010. Jobs, economy likely will be focus in Nov. 2 race. Johnson handily wins, will take on Feingold: Milwaukee Journal Sentinel, Sept. 14, 2010. Economy likely to be key issue of race; campaigns to discuss scheduling debates. It's Walker vs. Barrett in governor's race: Milwaukee Journal Sentinel, Sept. 14, 2010. Either way, Wisconsin's next governor will be from Milwaukee County. Republican Ribble nominated to face Kagen in 8th: Milwaukee Journal Sentinel, Sept. 14, 2010. Powered by a strong fund-raising edge, De Pere businessman Reid Ribble defeated two candidates with legislative experience, state Rep. Roger Roth (R-Appleton) and former state Rep. Terri McCormick. Ross tracking third with some precincts reporting: Superior Telegram, Sept. 14, 2010. Superior’s Mayor Dave Ross didn’t have any illusions about entering a statewide race from this far north. Hulsey declares victory in 77th Assembly District Democratic primary: Wisconsin State Journal, Sept. 14, 2010. County Board supervisor and environmental consultant Brett Hulsey declared victory Tuesday night for the Democratic nomination to succeed retiring Rep. Spencer Black in the 77th Assembly District on Madison's West Side. Business groups sue to overturn state labor law: Milwaukee Journal Sentinel, Sept. 9, 2010. Two major business groups are seeking to overturn a recently enacted state law that lends help to union organizing efforts.Upcoming Fundraisers
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