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View Diary: John Doe Probe Could Force Walker Out, But... (15 comments)

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  •  Where did you find that? (1+ / 0-)
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    pucklady

    This web site

    https:/docs.legis.wisconsin.gov/statutes/prefaces/toc

    says that it is current through Dec 31, 2011, and what you have quoted is not what it says 9.10(3)(c) says.

    9.10(3)(c) only says "The official against whom the recall petition is filed shall be a candidate at the recall election without nomination unless the official resigns within 10 days after the original filing of the petition. Candidates for the office may be nominated under the usual procedure of nomination for a special election by filing nomination papers not later than 5 p.m. on the 4th Tuesday preceding the election and have their names placed on the ballot at the recall election."

    https:/docs.legis.wisconsin.gov/document/statutes/9.10(3)(c)

    And that really doesn't say much of anything about what happens to the recall etc. if "the official" does resign.

    •  Answering (sort of) my own question... (1+ / 0-)
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      exterris

      ...the paragraph fearlessfred quoted comes from a "Recall Manual" document found at the GAB's web site (the GAB is the agency which runs elections in Wisconsin). Page 9

      http://gab.wi.gov/...      

      But it hardly answers all the questions: what does "the recall proceeds unaffected" really mean? What happens if Walker resigns within "10 days after the date of certification of the recall petition"? And why is what the paragraph does say not reflected in the statute to which it refers?

    •  That is the crux of the issue… (0+ / 0-)

      The GAB’s interpretation of the recall statute can be challenged in court much like their view of cursory inspection of elector signatures according to statute  in the Waukesha court.

      The end game must be the official filing of the petition and certification of a recall election.  At that point, it does not matter as there will be another election.  If Walker remains on the ballot, it would be a recall election.  If Walker resigns and has his name removed from the ballot, it would be a special election.

      The point being that should Walker resign prior to the official filing and certification, a point could be make that Kleefisch has become the acting governor for the rest of the Walker term.  Both recalls would end since Walker would be gone from the governorship and Kleefisch is no longer lieutenant governor.

      GAB policy has been wrong before.  This would undoubtedly go to the state Supreme Court for final ruling.

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