Sheila Harsdorf is the current Republican Senator in WI SD-10. Harsdorf is one of six Republican Senators now facing recall elections. The Democrats need to pick up three seats to gain control of the Senate and halt advancement of the radical right Koch agenda.
One seat in the La Crosse area is a a Democratic lock. Jennifer Shilling is showing a 14 point lead in the recent Daily Kos poll. Picking up the close races in SD-10 and SD-18 would complete the three needed. In SD-10 Shelly Moore has made the race against the long time career politician Harsdorf one of the best pick up opportunities.
The Republicans have been losing more voters everyday as public opinion continues to swing further against them. Their tactic of running false Democratic candidates to force primary elections has further eroded their favor with Wisconsin voters.
Republican affiliated outside expenditure groups have been running expensive TV ads in the Minneapolis/Saint Paul media market in efforts to hold the seat in Western Wisconsin. According to recent campaign finance filings Harsdorf has spent much of her money on mailings and radio ads.
In a mailing delivered July 5th Harsdorf attacks Moore for her use of her school email account during the recall process. But Harsdorf crosses over the line of simple attack and makes the claim that Moore violated the law. According to the Harsdorf literature "Moore thumbs her nose at the law" and "See the incriminating emails".
Unfortunately for Harsdorf Wisconsin law is clear on the recall process - in fact the Wisconsin Government Accountability Board (GAB) released a ruling about recalls that stated Wisconsin law on this matter.
We have reviewed ER-MRS ch. 24, the code of ethics for state employees who do not qualify as state public officials, and have not found any provision that addresses state employees circulating recall petitions, nomination papers, or the like on state time. I am unaware of any statutes that prohibit a local government employee from circulating a recall petition while the employee is at work. Such activities may be regulated by personnel policies and work rules, or a local ethics code, but are not prohibited by the civil or criminal statutes governing campaigns or elections or by the ethics code for local public officials found in section 19.59, stats.
While there may be a statute in Harsdorf's mind, there does not seem to be a statute in the Wisconsin Law Books. The law is determined by our legislative process, not by what exists in one Senator's mind. This is what is known sometimes as "The Rule of Law".
A private citizen has many rights, among them those guaranteed by the First Amendment. Harsdorf is confusing what she can not do as an elected official with what a private citizen is free to do. The GAB makes it clear that elected officials have laws that apply to them in particular.
Government employees circulating recall petitions. Section 19.45, stats., prohibits state public officials from using their office for a private or unlawful benefit. Circulating a recall petition is not government business – it is a private endeavor. A state public official, such as a legislative aide, who is engaged in such activity while being paid on state time, would run afoul of the Ethics Code’s prohibition. Section 19.59, stats. applies similar restrictions to local public officials. However, the vast majority of state and local employees are not defined as public officials and are not subject to the statutory ethics codes.
By crossing over the line from a simple attack to making the claim of a violation of election law Harsdorf herself may have crossed into the territory of criminal conduct. The Wisconsin State Statutes chapter 12 govern prohibited election practices. Statute 12.05 is the law on crossing this line.
12.05 False representations affecting elections. No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which is intended or tends to affect voting at an election.
Chapter 12.60 deals with the punishment for violation.
12.60 Penalties. (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony. (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8., (3) (b), (c), (d), (g), (i), (n) to (x), (ze), (zm) or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months or both.
Wisconsin law takes a dim view on false political representations. I believe that an investigation should be called for regarding the Harsdorf actions in this matter. If it can be shown that Harsdorf had knowledge of the GAB ruling and caused the mailing to be approved I think she has crossed the line into criminal culpability.