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Hamilton Consulting Group Political Tidbits
Wisconsin political news for clients and colleagues.

.Previous issues of Political Tidbits can be found at Tidbits Archive.
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Sept. 10, 2008

We at The Hamilton Consulting Group are very pleased to announce the addition of two outstanding professionals to our Government Relations team - Andy Cook and Andy Engel. (Please see the article below.) The addition of Andy Engel and Andy Cook enhances our current team of lobbyists and their expertise and demonstrated professionalism strengthens our collective ability to meet whatever challenges we and our clients face in the months and years to come.

Voters in Wisconsin went to the polls yesterday - mostly in small numbers - to select legislative candidates for the November general election in those districts in which there were primary challenges in either the Democrat and/or Republican parties. Most of the contested primaries were in “open” seats where the incumbent chose not to seek re-election. Eleven incumbents were, however, challenged and all survived.

There was some drama in the Chippewa Falls area where “incumbent” Rep. Jeff Wood had made a late announcement that he was running as an Independent and not as a Republican, leaving him with no challengers from either party. The law does, however, provide that a person can qualify to be placed on the November general election if he or she can garner a write-in vote equal to five percent of the total vote the candidate of his or her party obtained in the last gubernatorial election.

Don Moga, who operated a construction company in Chippewa Falls for 27 years, last week registered with the state as a write-in candidate. It appears that he received far in excess of the 485 votes he needed to be placed on the general election ballot in November as a Republican candidate, but the official count will not occur until today.

Please see more election coverage at the Hamilton Consulting Updates page.

Wisconsin Politics

A Primary Day
A healthy amount of Wisconsin’s legislative incumbents had challengers in Tuesday’s primary election, but as is often the case, all of the incumbents made it through to the general election by large margins.

There were some interesting developments on Primary Day, all of which happened in races for the state Assembly. 

Nick Milroy and Kelda Helen Roys both made it through crowded Democratic primaries on Election Day and have the luxury of no Republican opponents for the general election.  Milroy won a four-way primary with 50 percent of the vote and will replace recently retired Frank Boyle, while Helen Roys won a six-way primary with 31 percent and will replace Dave Travis.  Jim Kreuser’s vacated seat brought about the return of Peter Barca who won the primary with 75 percent of the vote and does not have a Republican opponent.  Barca will return to the same Assembly seat he held some 15 years ago.

There were also some Primary winners who won races in districts that will have them heavily favored in their general election contests.  Dan Knodl won a four-way Republican primary and will be the likely successor to Sue Jeskewitz; Sandy Pasch narrowly won her own four-way Democratic primary and will be the odds-on favorite to replace Sheldon Wasserman.   Retiring Carol Owens’ Oshkosh area seat will likely go to Richard Spanbauer who garnered 35 percent in winning a five-way Republican primary.

For further proof that every vote counts, Wisconsin’s 2nd Assembly District democratic primary saw Ted Zigmunt beat Lee Brocher by four votes (Brocher is requesting a  recount), and in the 97th Assembly Democratic primary Ruth Page Jones beat Steve Schmuki by nine votes.

The biggest primary day surprise comes in the Jeff Wood seat.  Wood, who recently decided to leave the Republican caucus and run for re-election to the State Assembly as an Independent now has  a challenger.  In what seems to have been a late-developing effort, business owner Don Moga appears to have received enough write-in votes to have his name placed on the November ballot.  Moga will run as a Republican against Wood.  There is no Democratic candidate running for the seat.

For further information on the 2008 Election, please contact Andy Engel at the Hamilton Consulting Group.

For complete Primary Election Results and General Election background, see the Hamilton Consulting Group's Update page.

Policy Developments

Wisconsin Supreme Court Ruling Bars Tort Claims in Home Sales
Economic Loss Doctrine Applied by the Court
In July 2008, the Wisconsin Supreme Court in Below v. Norton held that the Economic Loss Doctrine does not allow tort misrepresentation claims arising out of residential real estate sales.

Much of the reaction following the release of the decision tried to leave the impression that home purchasers were left without remedy in cases where fraud was involved or alleged in residential real estate transactions. In fact, home buyers can pursue contract and statutory remedies. Justice Crooks, who wrote the majority opinion stated, “Clearly, purchasers have contractual and statutory remedies if needed.”

The Economic Loss Doctrine (ELD) applied in this case is generally not well understood and has perhaps led to some confusion as to the impact of the Below v. Norton decision. The ELD is a court-developed doctrine in many U.S. jurisdictions that prohibits tort recovery when the alleged wrongdoing results only in economic loss and does not cause personal injury or damage to any other property. The ELD preserves the distinction between contract and tort law and prevents seeking broader remedies under a tort theory to avoid previously agreed-upon contract remedies.

Leinenkugel  Appointed as New Commerce Secretary
Gov. Jim Doyle has announced that Dick Leinenkugel will take over as Department of Commerce secretary later this month.  Leinenkugel, currently the Vice President of Sales and Marketing at the Jacob Leinenkugel Brewing Company, will begin serving on September 29, 2008.

Hamiltonian's in the News

Hamilton Consulting is very pleased to announce that Andy Engel and Andy Cook have joined our Government Relations team.

Andy Engel began his government relations career over ten years ago with Wisconsin Senator Kim Plache. He served in several capacities with the Senate Democrats including leading the campaign committee in 2002 and 2006 and as Chief of Staff to Senate Majority Leader Judy Robson. In addition, Andy co-founded the polling and research firm, Forward Strategies, was Deputy Director for Wisconsin Victory 2004, and was Political Director for the Democratic Party of Wisconsin (2003-2005). Most recently, Andy was a Senior Government Relations Advisor at Axley Brynelson.

In addition to his substantial political experience, Andy has extensive policy experience developing and advancing several major pieces of legislation as well as working on multiple budget bills. He received his B.A., Political Science and Legal Studies from the University of Wisconsin-Eau Claire.

Andy Cook also began his government relations career over ten years ago with Wisconsin Representative Rob Kreibich. After law school, Andy worked as In-house Legal Counsel and lobbyist with the Building Industry Association of Washington. He was also staff attorney with the Pacific Legal Foundation where he litigated civil justice, land use and environmental cases.

In addition to his legislative and litigation experience, Andy has extensive civil justice, environmental, energy, land use and open government (open meetings/public records) policy experience. He has a B.S. from University of Wisconsin-Eau Claire and a law degree from the John Marshall Law School.

Political News

7 area Assembly incumbents hold off challengers in primary: Milwaukee Journal Sentinel, Sept. 10, 2008. Of those, five Democrats and one Republican all but reclaimed their seats, because they have no opposition in the Nov. 4 general election.

Roys edges out Sargent for Assembly seat: Madison Capital Times, Sept. 10, 2008. The two were the front-runners in a six-way Democratic primary in which no Republican ran, so Roys will not have to face an opponent in the general election in November.

Jo Egelhoff captures GOP nomination: Appleton Post-Crescent, Sept. 10, 2008. Low turnout doesn't hurt ex-alderwoman.

Wood likely to have Republican challenger: Eau Claire Leader-Telegram, Sept. 10, 2008. It looks like state Rep. Jeff Wood's path to becoming the first independent to win election to the state Assembly in 61 years just became a little more difficult.

2nd Assembly candidate seeks recount: Green Bay Press-Gazette, Sept. 10, 2008. Brocher lost to Zigmunt by 4 votes.

Krupp earns right to face Ryan: Janesville Gazette, Sept. 10, 2008. Krupp won the Democratic Party’s three-way primary election Tuesday.

2008 Primary: Danou, Hegenbarth advance in 91st: La Crosse Tribune, Sept. 10, 2008. The 91st race drew 10 candidates — more than any other race this fall — seeking to replace Barbara Gronemus when she retires this fall.

Elections yield 10 percent turnout in Wood County: Marshfield News Herald, Sept. 10, 2008. Schneider won the contest 2,142 to 1,472, according to unofficial poll results. He will face Republican challenger Jeff Tyberg, 39, of Grand Rapids in the Nov. 4 general election.

Upcoming Fundraisers

Sept. 11

  • Rep. Phil Montgomery (R-Green Bay), Ashwaubenon

Sept. 13

  • Rep. Andy Jorgensen (D-Fort Atkinson), Cambridge

Sept. 16

  • Rep. John Nygren (R-Marinette), Suamico

  • Rep. Karl Van Roy (R-Green Bay), Green Bay

Sept. 17

  • Jessica King (D) 18th SD candidate, Sheboygan

Sept. 18

  • Ben Bakke (R) 22nd Senate District Candidate, Pleasant Prairie

Sept. 19

  • Rep. Jeff Stone (R-Greenfield), Cottage Grove

Sept. 21

  • Jessica King (D) 18th SD candidate, Oshkosh

Sept. 25

  • Jessica King (D) 18th SD candidate, Madison

  • Sen. Alberta Darling (R-River Hills), Fox Point

Sept. 29

  • Rep. Sheldon Wasserman (D-Milwaukee), Madison

For details, go to Hamilton Consulting Fundraiser Calendar.

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