Brazeau Recall Election In Hands Of State GAB

It appears that the matter of a potential Recall Election in the Town of Brazeau will have to be decided by the State’s Government Accountability Board (GAB).

After receiving a sternly worded letter from Oconto County District Attorney John Evans after not scheduling the recall election in their May 18 special meeting, Supervisors James Hanna and Darrell Enix scheduled the Recall Election at a special meeting on June 13. The date that Hanna and Enix set was just 6 days away on Tuesday, June 19. Enix and Hanna voted in favor of the date. Chairman Ryan Wendt voted against the motion.

That decision to set the election for June 19 has since been vacated by the GAB.

Kevin J. Kennedy, Director and General Counsel of the GAB submitted the following letter:

“In the Matter of: Town of Brazeau Recall Elections : Findings and Order ; Case No. EL12-32

Pursuant to Wis. Stats. ��5.05(1)(e) and 5.06(6), the Wisconsin Government Accountability Board (hereinafter, the “Board”) hereby makes the following Findings and Order:

INTRODUCTION

Oconto County Clerk Kim Pytleski and Town of Brazeau Clerk Jean Grosse have informed the Board that the Town of Brazeau Board of Supervisors convened on Wednesday, June 13, 2012 and passed a motion to schedule recall elections of two supervisors on Tuesday, June 19, 2012. In addition, the Board has received complaints filed by Darrell Enix and James Hanna, Town of Brazeau Supervisors who are subjects of the recall petitions, contesting Clerk Grosse’s certification of the petitions. The Board has also received a complaint filed by Michael Luebke, the petitioner in both recall matters, alleging that the Town Board violated Wisconsin Statutes by failing to promptly schedule the recall elections following Clerk Grosse’s certification that the petitions were sufficient.

The following Findings and Order apply to the Town of Brazeau Clerk and to the Town of Brazeau Board of Supervisors (“Town Board”).

FINDINGS

1) Clerk Grosse certified that recall petitions filed against Supervisors Enix and Hanna contained sufficient valid signatures of qualified electors, and filed the petitions with the Town Board on May 11, 2012. On May 18, 2012, the Town Board met and passed a motion to reject the Clerk’s Certificates of Sufficiency, and did not schedule recall elections of Supervisors Enix and Hanna.

2) Oconto County District Attorney John Evans subsequently advised the Town Board that it had a mandatory duty to promptly call the recall elections, pursuant to Wis. Stat. �9.10(4)(d), and that its continuing failure to do so would constitute election fraud, pursuant to Wis. Stat. �12.12(2)(a), as a willful neglect or refusal to perform a prescribed duty under Wisconsin’s election laws.

3) The Brazeau Town Board convened on June 13, 2012, and passed a motion to hold the recall elections on June 19, 2012, less than a week after the Board’s action. Wis. Stat. �9.10(4)(d) provides that recall elections shall be held on the Tuesday of the 6th week commencing after the date on which the certificate is filed by the clerk. The Statutes also contemplate a period of approximately six weeks between the date the recall election is scheduled by the governing body and the election, in order to publish required notices, circulate nomination papers, print ballots, conduct absentee voting, and prepare personnel and materials for the election.

4) The Town Board’s refusal to call the recall elections for almost five weeks after Clerk Grosse filed the petition, and its motion to set the election less than a week after the Board’s action, are contrary to Wisconsin’s election laws, specifically Wis. Stat �9.10 and related statutes governing recall and special elections. The Government Accountability Board finds that the Town Board’s action to schedule recall elections on June 19, 2012 is null and void. The Board further finds that, to comply with Wis. Stat. �9.10(4)(d), the Town Board must promptly convene to call the recall elections as a result of the petitions filed against Supervisors Enix and Hanna. Failure to do so would constitute a violation of Wis. Stat. �12.13(2)(a).

5) Given the Town Board’s delay in calling recall elections and the pending August 14, 2012 Partisan Primary, the Town Board may, but is not required to, hold the recall elections concurrently with the Partisan Primary, despite scheduling the recall elections sooner than six weeks prior to August 14, 2012. Scheduling the election on the Tuesday of the sixth successive week pursuant to Wis. Stat. �9.10(4)(d), would require the Town to conduct two or possibly three elections within a period of five weeks. It would also create excessive administrative burdens and costs related to the Town’s requirement to retain election data pursuant to Wis. Stat. �7.23.

6) Nomination papers shall be due on 5 p.m. of the fourth Tuesday preceding the recall elections. Supervisors Enix and Hanna shall be candidates at the respective recall elections without nomination unless they resign within 10 days after the elections are called. The recall elections shall be conducted consistent with the provisions of Wis. Stat. �9.10.

7) The Government Accountability Board will continue to review the complaints filed related to this matter and will issue its findings in the near future. If the Board subsequently concludes that either or both of the recall petitions are not sufficient, the Board will issue an order directing that the Town of Brazeau not hold the recall election(s). Absent such a finding, the Town of Brazeau shall proceed to administer and conduct the recall elections.

ORDER

Based upon the above Findings, the Board orders that the Brazeau Town Clerk shall not conduct recall elections on June 19, 2012, as previously directed by the Town Board. The Board further orders that the Brazeau Town Board shall promptly convene to call the recall elections involving Supervisors Enix and Hanna, consistent with the certificates of sufficiency completed by Clerk Grosse.

If the Government Accountability Board subsequently concludes that either or both of the recall petitions are not sufficient, the Board will issue an order directing that the Town of Brazeau not hold the recall election(s). Absent such a finding, the Town of Brazeau shall proceed to administer and conduct the recall elections in accordance with Wisconsin Statutes.

Pursuant to �5.05(1)(e), the Board authorizes its Director and General Counsel to execute these Findings and Order.

Pursuant to �5.06(8), Wis. Stats., parties may appeal this Order to circuit court within 30 days of issuance of the Order. Dated this 18th day of June, 2012.”

Despite this order from the Government Accountability Board, Supervisors Hanna and Enix chose to adjourn the regular Town Board meeting on Tuesday, June 19 prior to this matter being discussed on the agenda.

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