Wisconsin AG tells judges to alert him on Election Day

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By SCOTT BAUER
Associated Press Writer
Friday, October 31, 2008 6:05 PM CDT

MADISON --  Attorney General J.B. Van Hollen asked judges statewide to immediately notify his office if any emergency legal proceedings are started on Election Day.

The request increased Democrats' fear the Republican will try to suppress votes on Election Day. But Deputy Attorney General Ray Taffora dismissed those concerns, saying the letter was merely a courtesy to judges so they would know who to contact at the Department of Justice if the state is sued on Election Day.

Van Hollen sent his request Wednesday to the 10 chief state district court judges and the two federal courts. Democrats had already roundly criticized him for plans to send 50 assistant attorneys general and special agents to be poll watchers on Tuesday.

Van Hollen's office asked in a letter for information about which judges will be on duty Election Day in case of an emergency. The letter, signed by Assistant Attorney General Kevin Potter, says the office wants the information because it may have to "initiate emergency election-related proceedings" and because litigation started by others could involve the state.

Gov. Jim Doyle, U.S. Sen. Russ Feingold and other Democrats have openly questioned the attorney general's authority to supervise state elections. Legislation passed last year entrusted that responsibility to the new nonpartisan Government Accountability Board.

Van Hollen has said the Justice Department workers he's dispatching are merely there to help local prosecutors if needed. Van Hollen has defended his plan to send the attorneys and agents, saying it is no different from what his Democratic predecessor, Peg Lautenschlager, did in 2004.

But Lautenschlager, now an attorney in Madison, said Friday that it's entirely different. She said her intent in sending the attorneys to the polls was to protect voters from attempts to stop them from casting a ballot, while Van Hollen is trying to prevent some from voting.

"I'm not quite sure what he thinks he's going to be doing here, other than mucking around with the election," Lautenschlager said.

If there are any problems at the polls, the proper place to start resolving them is either with local district attorneys or perhaps the Government Accountability Board, not the attorney general's office, she said.

Doyle echoed those comments, saying he didn't understand Van Hollen's intent.

"Looking at this letter, you can only imagine what kinds of things he's dreaming up doing on Election Day," Doyle said in a statement.

Chief Judge Sue Bischel, who presides over the 8th District that includes Green Bay, has asked Van Hollen for more details about the information he requested. Brown County doesn't even have "duty judges," she said.

Bischel said she's trying to deal with the request in a straightforward manner.

"I don't think chief judges belong anywhere near politics," she said in an interview. "The independence of the judiciary is absolutely critical."

The Justice Department doesn't plan to start legal action on Election Day, Taffora said. But if someone sues the state, judges should know who to contact, he said.

"It's a courtesy to the judges," he said. "It's an attempt to speed things up."

Doyle on Thursday accused Van Hollen of plan being part of a Republican strategy to raise questions about the validity of the election results.

Van Hollen filed a lawsuit earlier this fall that could have had thousands of people expelled from the voter rolls. A Dane County judge rejected it last week, saying Van Hollen didn't have the authority to bring it. Van Hollen said he would appeal.

Van Hollen also has formed a task force with Milwaukee prosecutors to tackle voter fraud. Charges have been brought against three people so far.

Also on Friday, Feingold sent Van Hollen a letter asking him to reconsider his decision to have the attorneys at the polls. Feingold said they could intimidate and discourage voters from casting their ballots.

Van Hollen's spokesman Bill Cosh said a reply to Feingold's letter was being prepared but would not be sent on Friday.

Democratic Party Chairman Joe Wineke said he wants Van Hollen to report how much his efforts are costing taxpayers. He called them frivolous.

"We have clean elections in this state," Wineke said. "He's chasing a ghost, which is fitting on Halloween."