ELECTIONS

Changes to early voting, Wisconsin presidential primary would cost taxpayers millions under GOP plan

Patrick Marley
Milwaukee Journal Sentinel

MADISON - Voting changes Republican lawmakers are considering passing Tuesday would cost taxpayers millions of dollars — and perhaps far more than believed just a few days ago.

In their lame-duck session, GOP lawmakers hope to limit early voting to two weeks and move the 2020 presidential primary from April to March, causing the state to hold three elections instead of two that spring.

Moving the presidential primary will cost $6.4 million to $6.8 million, according to the Wisconsin Elections Commission. 

But the restriction on early voting could add even more costs because the state is sure to face a legal challenge over it if it passes. A similar law was struck down by U.S. District Judge James Peterson, who found the limit was unconstitutional because it was aimed at helping Republicans by deterring minorities from voting.

If the state loses on the issue, taxpayers would likely have to pay the attorney fees for those bringing the case. 

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Lawmakers and voters learned of the cost of moving the presidential primary last month, when the idea was floated. But the proposed limits on early voting — and the associated potential legal costs — didn't become public until late Friday. 

Other aspects of the sweeping bill — which would curb the powers of Gov.-elect Tony Evers and Attorney General-elect Josh Kaul — would also hit taxpayers' wallets.

One provision would allow lawmakers to replace the attorney general with private attorneys of their choosing at taxpayer expense. Private attorneys typically charge the state hundreds of dollars an hour, far above the cost of an assistant attorney general.

"It's going to be millions of dollars out the door before you even know what's going on," said Sen. Jon Erpenbach, a Middleton Democrat.

The Elections Commission — which consists of three Republicans and three Democrats — unanimously concluded Monday that moving the presidential primary would be "extraordinarily difficult to accomplish" for clerks and may not be feasible because three elections would have to be conducted in as many months.

Lawmakers are seeking to rush through their overall plan. They will hold Monday afternoon and floor votes as early as Tuesday. 

Walker on Monday said he would be surprised to see the proposal to move the 2020 presidential primary date to make it to his desk with the same language, but indicated he'd be supportive of separating the primary and the nonpartisan spring election.

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The costs of the last lawsuit over early voting have not been tallied because Peterson's ruling is on appeal. The 7th Circuit Court of Appeals in Chicago could rule any time on that lawsuit, which also touches on a host of other election laws and the state's requirement to show photo ID at the polls. 

The 7th Circuit heard arguments in the case more than a year and a half ago and has taken an unusually long time to decide the case.

The latest proposal to restrict voting mirrors the one that has been struck down. Republicans have not explained why they believe it would withstand a court challenge. 

It would limit early voting to two weeks. Under Peterson's order, local officials set their own schedules for early voting. In Madison, that meant six weeks of early voting for last month's election. 

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Democratic attorneys Marc Elias and Bruce Spiva have promised to bring a legal challenge to the early voting limit if it passes. They are with the national law firm Perkins Coie that brought the earlier case on behalf of two liberal groups, One Wisconsin Institute and Citizen Action of Wisconsin Education Fund.

On a conference call with reporters, Spiva said Monday one way to fight the limit if it passes is with a contempt motion. 

"If the Legislature is again contemplating the hours and the days of early voting, that would directly conflict with the injunction that Judge Peterson put in place," he said.

The proposal to move the 2020 presidential primary from April to March is aimed at protecting conservative Supreme Court Justice Daniel Kelly.

Republicans fear Kelly could lose his court seat because he’s up for election the same day as the presidential primary, which lawmakers expect will draw heavier Democratic turnout than Republican turnout. 

Moving the presidential primary to March is expected to cost taxpayers about $7 million because it will require an election in addition to the February and April elections that are already scheduled.

Kelly won't say whether he backs the idea or has encouraged lawmakers to pass the measure.

If the provision passes, Spiva said his clients might try to add it to their lawsuit over voting laws.

Molly Beck of the Milwaukee Journal Sentinel contributed to this report. 

How To Contact Top State Officials
Gov. Scott Walker:
(608) 266-1212, govgeneral@wisconsin.gov, walker.wi.gov/contact-us.

Assembly Speaker Robin Vos (R-Rochester):
(608) 266-9171, rep.vos@legis.wisconsin.gov.

Senate Majority Leader Scott Fitzgerald (R-Juneau):
(608) 266-5660, sen.fitzgerald@legis.wisconsin.gov.