JR Ross

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Friday, April 4, 2008

1:25 PM: "WisOpinion: The Show" tackles Supreme Court election

Conservative Brian Fraley and liberal John Nichols debate the Supreme Court race, why Michael Gableman won, what it means and is there a better way to elect the state's top judges.

See "WisOpinion.com: The Show," presented by the Capital Times: http://www.madison.com/tct/news/280039

Visit WisOpinion.com for more on Tuesday's election.

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Wednesday, April 2, 2008

4:55 PM: Post-spring election WisPolitics Stock Report

--A collection of insider opinion--
(April 2, 2008)

Rising

Conservatives: Business groups like Wisconsin Manufacturers & Commerce, issue groups like the Coalition for America's Families, the NRA, and other conservative forces spend millions of dollars to beat union-backed Justice Louis Butler. Their mostly negative ads on the crime issue echoed by conservative talk radio (Can you say "Loophole Louie"?) vault Burnett County Judge Michael Gableman from obscurity to the state Supreme Court and ensure a right-leaning tilt to the high court. It's the first upset of a sitting justice in Wisconsin since 1967. Will the coalition next set its sights on liberal Chief Justice Shirley Abrahamson, who's up in 2009? Conservatives also can cheer the re-election of Milwaukee Co. Exec Scott Walker in Dem-leaning Milwaukee County. Could it be the beginnings of a coalition that could help John McCain and Republican legislative candidates in November? Republicans are buoyant, saying conservatives have been energized. Dems, while admitting it wasn't a good day, mostly shrug it off saying the November elections with their expected high turnout and prez year politics will be nothing but bad news for the GOP.

Michael Gableman: The Burnett County judge rides his pro-law enforcement message to a 10-year term on the Supreme Court, becoming the first person in more than four decades to knock off a sitting justice. Though he edged Butler by about 20,000 votes, he won all but 15 counties statewide. Outside groups played a huge role in pushing Gableman over the finish line, insiders say, as he struggled to raise money and ran a TV ad that even some supporters saw as a poor choice that stalled momentum and brought bad PR amid charges of racism. But he stayed on message throughout the race, successfully contrasted his record as a prosecutor with Butler's past as a public defender and took advantage of the voters' preference for a law-and-order judge, insiders say.

Scott Walker: While ripped as a one-trick anti-tax pony by some, Walker cruises to re-election in the Milwaukee County exec's race over state Sen. Lena Taylor without getting nicked, let alone bloodied, as Dems had hoped at the beginning of the campaign. There's wide expectation among insiders that Walker will run for guv in 2010, perhaps against Dem Gov. Jim Doyle, if he seeks a third term. They say this race sets Walker up nicely as the GOP front-runner. Walker ran for guv in 2006, but pulled out of the Republican primary, allowing then-Congressman Mark Green to challenge Doyle. Insiders note Walker refused during this campaign to commit to serving a full four-year term.

Veto reformers: Voters by a wide margin OK a change to the state constitution that supporters say will limit the guv's extensive veto power. While there's some dispute about how well it will do the job, the amendment seeks to rein in the so-called "Frankenstein veto," which Doyle and other guvs have used to unilaterally write new law by stitching together words, phrases and numbers in budget bills. Lawmakers, despite Doyle's opposition, had approved the amendment first on big bipartisan votes. Still, amendment critics note a guv can still cross out words within a sentence, strike out individual digits to create new numbers and wipe out entire sentences. The guv still has the strongest veto pen in the country, and a spokeswoman reiterates that he's willing to use it.

Anti-smoking advocates: Their effort for a statewide smoking ban snuffed out for now in the Legislature, anti-smoking forces score a victory with another local ban -- this time in central Wisconsin's Marshfield. Voters in Marshfield passed a public smoking ban by a 64 percent to 36 percent margin.

Mixed

School spending issues: The three state school districts seeking the most money from local taxpayers -- more than $40 million each -- see mixed results Tuesday. The state's largest referendum -- $62.2 million to renovate and expand Brookfield Central and East high schools in Waukesha County's Elmbrook school district -- passed by a 52 percent to 48 percent margin. But the next largest referendum, $45.6 million to renovate and expand the Jefferson high school, failed by a 54 percent to 45 percent margin. And in La Crosse, voters passed a $20.9 million referendum on operating expenses but turned down a $35 million building referendum that would have involved closing two elementary schools and building one new one.

Judicial election reform: The nasty, partisan Supreme Court race already has spurred calls for reform. The Wisconsin State Journal editorial board campaigns for appointing justices to the high court through merit selection. And campaign finance reform activists again call for full public financing of high court campaigns to give candidates more than a bit role in a system that currently allows millions of dollars in secret fundraising by issue groups. The big money this time fueled a race that observers expect will easily surpass $5 million in spending by all sources. Reformers say that kind of special interest-dominated campaign is hurting democracy and the public's confidence in the judiciary. Opponents say the First Amendment won out and dismiss the complaints as sour grapes. And others say the current system, while flawed, leaves the final call up to voters. Many doubt claims that putting taxpayer money into court races would deter outside groups from ponying up millions of their own. With big special interests -- liberal and conservative -- generally opposed to campaign finance reform, and with Gov. Jim Doyle unlikely to spend a lot of political capital, insiders aren't betting on change before the next big court race in 2009.

Falling

Jim Doyle: The Dem guv wasn't on the ballot, but he was closely linked to three races that went against his interests. His 2004 appointment of Butler to the state Supreme Court was erased, his financial and personnel help to Taylor went for naught, and his veto power was curtailed in a statewide vote. Doyle's one win was the election of Lisa Neubauer to a full term on the 2nd District Court of Appeals after he put her on the bench just a few months ago. The guv is still the biggest, most powerful player at the statehouse, but Tuesday night won't be remembered fondly by guv supporters.

African-American pols: There's only been one African-American elected statewide in Wisconsin, former Secretary of State Vel Phillips. There's still only one, as Louis Butler of Milwaukee loses his second bid for a 10-year term on the state Supreme Court in a racially-tinged election. This time, he lost as the incumbent justice and first African American on the court following his appointment by Doyle in 2004; he lost his first bid in 2000 to then-Justice Diane Sykes. While some grumble about what they say were racial overtones in the race, others shoot that down as an excuse that fails to recognize Wisconsin voters prefer a conservative candidate for the bench when given an option. State Sen. Lena Taylor also loses to Walker in the Milwaukee Co. exec's race, disappointing many Dems. African-American pols also got splattered by some of the bad publicity over Michael McGee running for re-election to the Milwaukee City Council from jail, but insiders say Milele Cogg's big victory over McGee helps.

Lena Taylor: The Milwaukee state senator muffed a potential upset of Walker by micromanaging her campaign and hurting the efforts of Dems and Doyle, say critical insiders. Taylor claimed Election Night that, "We didn't lose, we made a statement." But critics say her campaign never got the money or found the issue that would topple, let alone bloody, Walker. Taylor still is a player in Madison, however, as a member of the Joint Finance Committee. But Dem insiders have doubts about her future at the ballot box beyond the state Senate.

Liberals: Unions and left-leaning issue groups try to go toe-to-toe with a big money conservative effort and come up short in a court fight for the second time in two years. Annette Ziegler, while wounded by conflict-of-interest concerns, beat Linda Clifford after liberal groups largely held their fire, and now Michael Gableman has beaten Louis Butler despite millions spent by the Greater Wisconsin Committee, WEAC and other unions. Some Dems say they have to come up with a winning message and strategy if they hope to hold onto to the liberal court members still on the bench.

Pedro Colon: The state rep loses badly in his challenge of the incumbent Milwaukee city attorney. Backed by a series of state lawmakers and even the Milwaukee DA, Colon tried to make the case that longtime City Attorney Grant Langley hadn't done enough with the office to fight crime and take on other pressing city issues. Langley countered that Colon didn't understand the office. Many had viewed Colon's run as a stepping stone to something bigger and better, but Tuesday’s loss likely hurts those ambitions, say insiders who thought it would be a closer contest. Some say he struggled to gain traction in a race that got little attention in a low-turnout election.

Louis Butler: Butler now is 0-for-2 in his bid for a 10-year term on the high court. This time, the appointed justice gets close, but is still defeated by a well-funded conservative effort that boosted Burnett Co. Judge Michael Gableman. Butler does well in the big Dem counties of Milwaukee and Dane, but wins only 15 of Wisconsin's 72 counties. One Dem strategist says the Butler campaign did all that it could do on the fundraising and paid advertising fronts, given a compact six-week campaign necessitated by a prez primary that dominated the political landscape until Feb. 19. But others say Butler's campaign missed a series of opportunities, adding it didn't help that the justice was hesitant to fully engage in the fundraising and campaigning required, preferring to be above the fray. Butler's positive story never got out, leaving him vulnerable to the expected attacks on his record as a former public defender.

See more in this Friday's WisPolitics.com REPORT.

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4:05 PM: Elmbrook passes state's largest school referendum

The largest school district referendum on the ballot was approved but most other large school spending measures failed when submitted to voters in the spring election.

A total of 30 referendums totaling more than $165 million were approved Tuesday. Thirty-one failed, representing nearly $285 million.

The Elmbrook school district gained $62.2 million to renovate and expand Brookfield Central and East high schools. A referendum last year for $108.8 million failed in the suburban Milwaukee district.

Of the 12 districts with referendums exceeding $10 million, only measures in Racine and La Crosse passed. Racine passed a $16.5 million referendum, while La Crosse passed a $20.9 million referendum. Voters in La Crosse also rejected a second referendum for $35 million to construct a new elementary school.

The remaining districts asking for more than $10 million were shot down by voters, including ballot measures in Germantown, Hartford (two referendums), Jefferson, Luxemburg-Casco, Poynette, Rhinelander (four referendums), Rice Lake Area, Somerset and Waupun.

Search for April 1 referenda at the Dept. of Public Instruction Web site:
https://www2.dpi.state.wi.us/safr/all_referenda.asp

-- By Andy Szal

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12:12 PM: Butler says third-party groups trumped positive message

MILWAUKEE -- Justice Louis Butler said today he was proud of the campaign he ran against Michael Gableman and railed against third-party interest groups that he said trumped the voices of the candidates and suppressed turnout.

Butler did not publicly concede to Gableman last night after returns came in showing the Burnett County judge had edged the incumbent for a 10-year term on the bench. Butler called a news conference this morning to make a public statement and was flanked by supporters in the rotunda of the Milwaukee County Courthouse.

Butler said he was proud that he ran a positive campaign that "befits the dignity of the Wisconsin Supreme Court."

"As you know, I did not run one negative ad in this campaign," Butler said. "Unfortunately, too many others did, especially the deep-pocketed third-party groups."

Butler said third-party groups who neither have to disclose their donors nor agendas "siphoned huge amounts" of money into the race and called for campaign finance reform to address what he called a broken system that robs people of their faith in the court.

"When we rob people of their faith in this system, we rob them of justice," Butler said.

Butler said he attempted to contact Gableman this morning, but had not yet spoken with him to "acknowledge the will of the voters."






See Butler's prepared statement: http://www.wispolitics.com/index.iml?Article=122604

-- By David Wise

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11:06 AM: Doyle calls treatment of Butler a 'tragedy'

Gov. Jim Doyle said in a statement this morning that it was a "tragedy" that Justice Louis Butler, who he appointed to the Supreme Court in 2004, was "trashed during the campaign."

Doyle, who is scheduled to be in North Carolina today and tomorrow campaigning for Barack Obama, also called Butler a "fine judge and good human being" in the statement.

"Justice Butler has served with distinction and honor on the Wisconsin Supreme Court, and I thank him for his fairness, his sense of justice and his lifelong commitment to public service," Doyle said.

Read the statement.

Butler was scheduled to make a statement at the Milwaukee County Courthouse this morning. Check back later for more.

-- By JR Ross

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12:44 AM: Gableman calls win a victory for law enforcement

Burnett County Judge Michael Gableman said tonight's win is a victory for "all people who envision a more traditional role for their state Supreme Court."

Flanked by supporters who cheered as he made his announcement, Gableman said that role is a conservative one in which judges apply the law, not make it.

To applause, Gableman said his win was also a victory for law enforcement officers who he said know that they will "receive a fair shake, a fair hearing and fair consideration" from him.

"Finally, I do believe it is a victory for all good people in this state who expect from their judges and their justices that not only in addition to upholding the rights of criminals and criminal defendants, their judges and justices will keep in mind, and uphold and honor, the rights of victims as well," he said.

Gableman thanked God, his supporters and his campaign staff for helping him win.

Gableman said he had not heard from Justice Louis Butler yet, but said he would like to congratulate him on his campaign.

"I believe he is a good man," Gableman said, "but I believe we have very different judicial philosophies" and that his own was more in line with what voters expected from their justices.

Gableman said he is "proud and humbled and pleased" that voters supported him.



Listen to the audio here.

-- By David Wise

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12:33 AM: Gableman takes more than three-fourths of Wisconsin counties

Justice Louis Butler won the state's two most populous counties big with 72 percent of the vote in Dane County and 59 percent in Milwaukee County.

But he only won another 13 counties, according to unofficial returns just after midnight with another couple of counties still out.

Butler won Eau Claire, Kenosha, La Crosse and Portage counties, all of which were key if he wanted to beat back the challenge of Burnett County Judge Michael Gableman.

But Gableman won just about everywhere else that mattered, including big margins in places like Waukesha County (67 percent), Ozaukee County (68 percent) and Washington County (70 percent).

It was also a good sign for Gableman when Racine County numbers came in. The county often comes down 50-50 in state races, but Gableman won 54 percent of the vote there.

See county-by-county results here.

-- By JR Ross

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Tuesday, April 1, 2008

11:56 PM: Gableman declares victory, Butler concedes 'privately'

Burnett County Judge Michael Gableman became the first person to knock off a sitting Wisconsin Supreme Court justice in more than 40 years Tuesday, edging incumbent Louis Butler.

With 93 percent of the vote in, Gableman had 400,310 votes, or 51 percent, compared to 379,556 votes for Butler, or 49 percent, according to unofficial returns.

Gableman declared victory tonight, calling it a win for law enforcement and those "who envision a more traditional role" for judges.

Then-Chief Justice George Currie lost his re-election bid in 1967. He was two years away from a mandatory retirement age in place at the time and joined the majority in an opinion that allowed baseball's Braves to vacate Milwaukee for Atlanta.

Read a biography of Currie from the state Supreme Court Web site

Butler campaign released the following statement around midnight: "The campaign is privately conceding. The margin is too great to make up, and the candidate will have a statement in the morning."

-- By JR Ross

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11:39 PM: Butler waiting for final votes to come in

Louis Butler told supporters a short time ago his campaign was still crunching numbers.

Butler told supporters he wanted to take some time to thank them as his campaign staff continued to watch numbers roll in.

With 88 percent of the vote in, Michael Gableman had 374,291 votes to 363,790 for Butler.

Butler campaign consultant Sachin Chheda said, "We're going to wait for all the votes to be counted."

He said the campaign had not discussed whether to pursue a recount.

UPDATE: Butler has left the party and returned home with his family. Chheda said he may return later.

"We're playing it by ear," he said.

-- By Greg Bump

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11:30 PM: Taylor: 'We didn't lose, we made a statement'

Lena Taylor told supporters the thousands of votes she received Tuesday showed her campaign was on the right issues.

She said she called Milwaukee County Executive Scott Walker to congratulate him and delivered a similar message, saying voters are concerned about the issues she raised in the campaign. She also said she pledged to work with Walker and be an advocate for Milwaukee.

"We just simply ran out of time," she said, quoting Vince Lombardi.

She said things would have been different if she had more money and more time.

"I will continue the fights that I have been fighting for Milwaukee County," Taylor said. She referenced health care and making sure that Milwaukee gets its fair share.

She became emotional and started crying when talking about her adviser Les Johns and all the hard work that he put into driving and counseling Taylor during the election.

"We didn't lose, we made a statement," Taylor said.

Listen to Taylor's speech: http://www.wispolitics.com/1006/080401_Taylor_concession.mp3

-- By Samantha Hernandez

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11:13 PM: Barrett expects similar path in second term

Milwaukee Mayor Tom Barrett said his re-election Tuesday provides some stability for the city, and he promised to continue working to create more jobs, improve public safety, improve the educational system and support transit improvements.

Barrett faced token opposition from Andrew Shaw. With 98 percent of the vote in, Barrett had 79 percent of the vote.

He credited his re-election to a long record of bringing people together during his terms as a state lawmaker and member of Congress representing Milwaukee, saying he continued that effort after a contentious mayoral election in 2004.

Barrett said he expected to continue on the same path he laid out for his first term. That could mean a continued battle with Milwaukee County Executive Scott Walker over transit issues.

Walker won re-election Tuesday as well. Asked how he would work with Walker for another term, Barrett immediately focused on transit issues.

"We have to move forward on the transit system," Barrett said. "The transit system is imploding as we speak, and there has to be as solution to that. I cannot think of a city in the country that's growing that does not have a good, active transportation system that includes transit and includes rail."

-- By JR Ross

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11:06 PM: Butler says race a 'nailbiter'

Justice Louis Butler was greeted enthusiastically by about 100 supporters as he arrived as his Election Night party. He gave hugs as he walked through the room as fans showered him with applause.

Butler told WisPolitics the race was "a nailbiter" and he was anxiously awaiting a final tally.

"We're hoping the result shows the voters of Wisconsin reject negative campaigning and the type of nasty campaigning that went on in this race," he said. "Like everyone here, we still have to wait for the results to come in."

-- By Greg Bump

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10:58 PM: Butler chances starting to fade

Justice Louis Butler's hopes to retain his seat on the state Supreme Court are starting to dim.

With 79 percent of the vote in, Gableman has an edge of some 12,000 votes and 51 percent of the vote, according to unofficial returns. Much of heavily Republican Waukesha County was still out for those numbers.

Michael Gableman's supporters are feeling more and more confident as the returns come in, while Butler's backers aren't seeing many positives in the latest numbers.

-- By JR Ross

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10:53 PM: Coggs defeats McGee in 6th district

Milwaukee 6th District Ald. Michael McGee, in prison without bail as he awaits trial on state and federal charges, has lost to Milele Coggs in his re-election race, according to projections.

With 88 percent of the 6th District reporting, Coggs leads with 58 percent of the vote to McGee's 42 percent.

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10:48 PM: Marshfield smoking ban passes

Voters in Marshfield have passed a public smoking ban by a 64 percent to 36 percent margin. With 100 percent of precincts reporting, 4,177 people voted for the ban and 2,357 voted against it.

In other spring election news from central Wisconsin, incumbent James Tipple defeated Debra Hadley with 58 percent of the vote to 42 percent to remain mayor of Wausau.

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10:27 PM: Walker: 'I want to make us great again'

Milwaukee County Executive Scott Walker, fresh off the news he'd been elected to another term, pledged to make the county a place where people want to live, work and retire.

He also said he wants to make it "a safer place to live and work and play in every part of our community because no one should have to live in fear."

Walker told the crowd he appreciated a congratulatory call from challenger state Sen. Lena Taylor and her pledge to work with him in the future.

Walker hit on many of the themes he stressed in his campaign, including changing the county workforce and making Milwaukee County a place that will grow and attract new businesses.

"I want to make us great again," Walker said.

Confetti went off after Walker finished his speech. Milwaukee County Sheriff David Clarke was in the bleachers behind Walker during his speech, and kids with Walker campaign T-shirts held signs on the stage.

-- By Rebecca Kontowicz

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10:18 PM: Taylor concedes

Sen. Lena Taylor, D-Milwaukee, has conceded defeat to incumbent Milwaukee Co. Exec. Scott Walker at her campaign rally. Walker proclaimed victory at his party shortly thereafter.

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10:14 PM: Neubauer wins appeals court race

Projections indicate that Lisa Neubauer has defeated William Gleisner in the race for the 2nd District Court of Appeals. Neubauer leads Gleisner 63 percent to 37 percent, with 49 percent of the vote counted.

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10:11 PM: Milwaukee races wind down

Rep. Pedro Colón, D-Milwaukee, has fallen short in his bid to unseat incumbent Milwaukee city attorney Grant Langley, according to projections. With 84 percent of the vote reported, Langley has 60 percent of the vote to Colón's 40 percent.

In other Milwaukee races, Scott Walker holds a 57 percent to 43 percent lead over Lena Taylor in the county executive race, and Milele Coggs leads Michael McGee by 59 percent to 41 percent in the city's 6th aldermanic district. The 6th has 83 percent of the vote recorded.

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10:07 PM: Gableman says he's 'very encouraged'

Gableman says he's "very encouraged" and "very optimistic" by early returns that show him with a slight lead.

Gableman did a series of interviews for 10 p.m. newscasts.

"We are very gratified that our message has resonated with what we believe will be the majority of voters," Gableman said.

Asked by a reporter what he thought about the negative turn the campaign had taken, Gableman said he was "proud" he had run a positive campaign focused on his qualifications and conservative judicial philosophy.

He is to address supporters shortly.

UPDATE: Following his interviews with the television stations, Gableman worked the room, chatting with supporters and thanking them for their support.

In a short interview with WisPolitics, Gableman reiterated his optimism.

As a justice, Gableman said he'd "uphold the rights of all the citizens under the constitution," including victims and criminal defendants.

"I'm very proud that our campaign has kept all of our advertisements positive, focused on why I believe that I am the best candidate to be the next elected Supreme Court justice," Gableman said.

Although his ad that focused on the case involving Butler and Reuben Lee Mitchell was widely panned as negative, Gableman insisted it only showed the contrasts between him and Butler.

"The fact is, my opponent, in our second most recent debate, told not only me, but told all the voters of the state that he was proud of every individual the he represented as a criminal defense lawyer," Gableman said.

"If he's proud of those clients, then I don't know what the source of the objection is to have photographs on an ad illustrating the stark contrasts in my professional background as a former prosecutor and his professional background as a criminal defense attorney."

-- By David Wise

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10:01 PM: Half the votes counted in Supreme Court race

With 50 percent of votes tallied in the race for the state Supreme Court, Louis Butler and Michael Gableman remain in a tight race. Gableman currently holds a 51 percent to 49 percent edge on Butler.

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9:57 PM: Bosman, Devine win in Kenosha, West Allis

The mayoral races in Kenosha and West Allis are reporting 100 percent of voting precincts, and Keith Bosman and Dan Devine have both prevailed by substantial margins.

Bosman defeated Patrick Moran 70 percent to 30 percent, and Devine defeated Linda Dobrowski by a 69 percent to 31 percent margin.

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9:35 PM: Barrett wins re-election, according to projections

Milwaukee Mayor Tom Barrett has easily defeated Andrew Shaw to win another term, according to projections. With 56 percent of precincts reporting, Barrett leads 79 percent to 21 percent.

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9:31 PM: Butler, Gableman tied

With more than a third of the vote counted in the state Supreme Court race, Justice Butler has moved into a virtual tie with Judge Gableman, though Gableman maintains a lead of a few thousand votes. The votes now total 50 percent for both candidates; 36 percent of the vote is in.

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9:28 PM: McGee trails in 6th aldermanic district

Embattled Milwaukee Ald. Michael McGee trails challenger Milele Coggs by 24 percentage points in the race for the 6th district.

With 58 percent of the vote counted, Coggs leads McGee with 62 percent of the vote to 38 percent.

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9:24 PM: Butler narrows gap

Louis Butler has climbed to within 4 percentage points of Judge Michael Gableman with 26 percent of the vote in. Gableman now has 52 percent of the vote to Butler's 48 percent.

In the other highly-contested court race, Lisa Neubauer has garnered 63 percent of the vote to William Gleisner's 37 percent with 18 percent of votes counted in the race for the 2nd District Court of Appeals.

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9:22 PM: Walker leads county exec race

Milwaukee County Executive Scott Walker leads challenger Sen. Lena Taylor with 54 percent of the vote to 46 percent; 35 percent of precincts are reporting.

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9:17 PM: Barrett, Langley lead races in early Milwaukee returns

With 14 percent of the vote in, Milwaukee Mayor Tom Barrett leads opponent Andrew Shaw with 78 percent of the vote to 22 percent.

Another incumbent, Grant Langley, holds a 60 percent to 40 percent lead over Rep. Pedro Colón in the race for Milwaukee city attorney. Fourteen percent of the vote has also been tallied in that race.

In other local races, Keith Bosman leads the race for Kenosha mayor, and Dan Devine leads the West Allis mayoral contest.

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9:06 PM: 'Frankenstein' veto amendment approved, according to projections

Some media outlets are projecting the consitutional amendment to rein in the so-called "Frankenstein" veto will pass.

With 16 percent of the vote in, 74 percent of voters favored the amendment with 26 percent opposed, according to unofficial returns.

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8:54 PM: Pro-amendment votes well ahead

With 10 percent of the vote in, the amendment to rein in the governor's veto pen has built an impressive lead, with 74 percent of votes in favor of the amendment and 26 percent against.

Gableman continues to hold a lead over Butler, with a 56 to 44 percent lead with 10 percent of precincts reporting.

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8:47 PM: Taylor, Walker supporters gather

Supporters of Milwaukee County Executive Scott Walker gathered at the Tommy G. Thompson Youth center on the State Fair Park grounds this evening.

Country music played in the background as supporters casually mingled in the darkened hall. State GOP Chair Reince Priebus was in attendance at the event, which featured red, white and blue balloons around the room. Attendees snacked on hot dogs and drinks.

Challenger state Sen. Lena Taylor was on her way to her election watch party not long after the polls closed at the Comfort Inn and Suites in Milwaukee.

Her supporters sipped wine and talked in groups as a mix of rock and pop music played over the speakers.

-- By Rebecca Kontowicz and Samantha Hernandez

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8:45 PM: Early returns favor Gableman, partial veto amendment

With 7 percent of precincts reporting, Burnett Co. Judge Michael Gableman leads Justice Louis Butler with 56 percent to 44 percent of the vote.

The constitutional amendment to the governor's partial veto is out to a 71 percent to 29 percent advantage, also with 7 percent reporting.

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8:21 PM: Gableman's party gets going

Supporters are beginning to arrive at Judge Michael Gableman's Election Night party in an American Legion meeting room connected to Ray and Dot's, a popular Greendale watering hole.

About 30 people are in attendance, grazing on cheese, crackers, veggies, fruit salad and cookies and sipping on tap beer and sodas in the brightly lit room. The crowd is mostly middle-aged and older, but several children are here helping to hang hand-made signs for Gableman.

There are no televisions in the room. Classic rock is playing on the radio.

Gableman is here as well, but just stepped out after fielding questions in short interviews with television reporters.

UPDATE: A campaign volunteer has revealed there is in fact a TV at the Gableman party. It was hidden in a cabinet above a cooler. Unfortunately, there is no picture yet, just static.

However, even if the television isn't working, supporters can still track returns; a projector connected to a computer is displaying them on a wall. With 1 percent in, it's 52 percent to 48 percent, Butler.

UPDATE #2: Gableman supporters at his party are encouraged by early returns showing him in the lead.

Gableman's cousin, Dave Gableman, announced to the crowd that "early returns are looking" good and relayed a message from Gableman thanking everyone for coming.

Gableman and his campaign manager, Darrin Schmitz, are watching returns at a relative's house nearby.

Few people in the room are tracking the returns as closely as Gableman's mom, Mary.

Nearly everyone who talks to her asks if she's proud of her son, to which she always answers "yes" with a smile.

Gableman's dad and other friends and family are also in the room.

Elected officials present so far include Ozaukee County Sheriff Maury Straub and Greendale Police Chief Robert Dams.

After a few failed attempts to get reception, the television cabinet has been shuttered.



-- By David Wise

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8:20 PM: Butler supporters gathered

Justice Louis Butler' victory party is low-key as supporters wait for returns to roll in at the Riverfront Pizzeria in downtown Milwaukee.

A half dozen TV cameras are set up and aimed at a podium where Butler will speak when results are in. The justice is with his family and is expected to join the festivities at about 8:30 p.m. or 9 p.m.

About 50 supporters have gathered at the spot, sipping at beers or wine as they await the results.

A pizza buffet is being served.

UPDATE: Butler supporters are keeping one eye on TV sets as early numbers roll in showing Gableman stepping out to an early lead. More are filing in by the minute as wait staff continues to bring out pizza and other items for the buffet. Among those gathered is Rep. Tom Nelson, D-Kaukauna.

Butler campaign officials say the early numbers are coming from northeast Wisconsin and rural areas of Dane County. The mood is optimistic, as they hope they can keep the race tight until results from Milwaukee and Madison, where the campaign had a strong ground game, come in.

-- By Greg Bump

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8:10 PM: Milwaukee Co. party leaders say things went smoothly

Party leaders in Milwaukee County said voting today went smoothly and turnout was been moderate

Milwaukee County Democratic Party Chairwoman Martha Love said "there's been an absolutely full-court press" to drive up turnout for several candidates in the Milwaukee area.

Love said Dem volunteers have been knocking on doors throughout the county, distributing literature, and making phone calls on behalf of Justice Louis Butler, County Executive candidate Sen. Lena Taylor, city attorney candidate Pedro Colon, and several Milwaukee Common Council and county board candidates.

Love said there was a "a major literature drop" right before the election throughout Milwaukee County. Love said volunteers were "all over" the county now encouraging people to go to the polls.

She said this afternoon turnout had been moderate so far, but she expected it to pick up before polls close.

"All of these efforts are paying off," she said.

Milwaukee County Republican Chairman Bob Spindell, who serves as a city of Milwaukee election commissioner, also said turnout has been moderate and the election had been going smoothly.

The only reoccurring problem he witnessed was stickers for incumbent Sup. James White getting stuck in the voting machines. White's name did not appear on the ballot due to a signature gaffe, and he and his opponent are both waging write-in campaigns.

Spindell noted turnout appeared higher in districts with contested aldermanic races, like in the 6th District in which jailed Ald. Michael McGee is defending his seat from a challenge by Milele Coggs.

Spindell has been visiting polling sites throughout the day. He said that Coggs and her volunteers have been out distributing literature, but have stayed the required 100 feet away from the polling places.

Spindell said he's seen no signs or anyone passing out fliers for McGee.

Spindell said he hasn't noticed "any massive push" to drive up turnout, especially compared to efforts for Sen. Barack Obama in February.

Much of the last-minute work has been done on black radio, Spindell and Love both said.

Butler made a last-minute pitch on 1290 WMCS radio today. Love said several people called in, saying they voted for Butler due to ads run against him they considered over the top.

Alex Runner, staff assistant to Common Council President Willie Hines Jr., said Butler's candidacy should drive up turnout in African-American districts.

"I think a lot of people underestimated the importance of this election for African Americans and the fact that this is the first opportunity people have to elect the first African-American Wisconsin Supreme Court justice," Runner said. "That's clearly significant to people in the central city."

Runner said that while he's seen fliers and other turnout efforts being conducted, excitement for the candidates is likely what is bringing people out rather than GOTV efforts.

"I don't think it's a major organizational push as much as people know who Louis Butler is and that he has strong connections to the community," Runner said. "People know him and they know what they're going to get with him."

-- By David Wise

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8:02 PM: Polls are closed

Polls around the state closed at 8 p.m.

Refresh for updated results or check the elections results page here

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7:05 PM: Follow top races

WisPolitics will be following races for the state Supreme Court, Milwaukee County executive and mayoral contests around the state, as well as the referendums on the "Frankenstein" veto and a Marshfield smoking ban.

Check here through the night for updates on the returns.

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5:54 PM: New York Times highlights McGee race

Milwaukee Ald. Michael McGee's re-election campaign from behind bars has drawn national attention today as the focus of a New York Times feature.

McGee is being held without bail as he awaits trial on state and federal charges.

The article hones in on perceived racism and segregation in the city, the perception of the controversial and sometimes inflammatory alderman as a "political prisoner," and how his opponent, Milele Coggs, has attempted to keep the race about issues instead of a referendum on McGee.

See the article here: http://www.nytimes.com/2008/04/01/us/01alderman.html?_r=1&ref=us&oref=slogin

--David Wise

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3:50 PM: State elections chief says things going smoothly

Government Accountability Board Legal Counsel Kevin Kennedy said this afternoon the election was going "remarkably smooth" so far with only a handful of isolated incidents reported to the state.

Kennedy said one voter in Marquette County was irate because he was told he couldn't have a paper ballot and instead had to use a voting machine, which he didn't trust. Kennedy said the GAB's general advice if people want to vote via paper ballot is to let them do it.

In another case, a Milwaukee woman received her son's absentee ballot in the mail and brought it to the city asking what to do with it. Kennedy said the woman witnessed her son's absentee ballot and her address was listed on the outside of the envelope. The Post Office mistakenly used that address instead of the one on the front of the envelope.

Kennedy said turnout was light today but in line with his early prediction of about 20 percent. He said Milwaukee has 5,200 absentee ballots, just short of the 5,900 the city reported for the February primary.

"At this point, it's hard to gauge the figures, but I'm not hearing anyone say we're getting overwhelmed," he said.

-- By JR Ross

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3:35 PM: More turnout updates

Two traditionally GOP-leaning cities are experiencing dramatically different turnout levels thus far on Election Day.

In the Republican stronghold of Waukesha, "the poll workers are waiting for people to show up," according to deputy clerk Marie Bieber.

The city has not recorded a percentage of voters yet, but Bieber said turnout was "certainly not more than I expected ... maybe a little low."

Meanwhile, Appleton reported turnout of 8.22 percent by this morning, with city Clerk Cindi Hesse said projects to about a 25 percent turnout. Hesse said the turnout is "right where I thought," which remains lower than usual for an election with a mayoral race on the ballot. Incumbent Mayor Tim Hanna is running unopposed this spring.

UPDATE: Officials in Wausau report that turnout is at 23 percent as of 4 p.m.

La Crosse officials are expecting turnout of 23 percent to 25 percent.

-- By Andy Szal

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2:55 PM: Butler appeals to UW-Madison students

Louis Butler's campaign sent an e-mail to UW-Madison students urging them to vote today.

The e-mail reads, in part: "The Wisconsin Supreme Court is under attack from outside special interest groups and partisan politics. Special interest groups may have money, but they don't have you. You need to stand up and say enough is enough. Our highest court is not for sale, and we will not stand by and watch its honor and integrity be tainted by an under-qualified and biased candidate."

See the e-mail.

-- By JR Ross

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2:04 PM: Madison, Milwaukee turning out as expected

Election officials in the state's two largest municipalities said mid-day turnout levels were normal for a spring election.

Milwaukee Election Commission Executive Director Susan Edman said polling locations had slowed down since the morning, but expected things to pick up later this afternoon and remain steady until polls close at 8 p.m.

"It was busy when the polls opened and it has kind of died down like it usually does," Edman said. Edman predicted that Milwaukee would have a slightly higher turnout than the statewide projected turnout of 20 percent.

Dane County Clerk Robert Ohlsen said that the city of Madison had reached 5 percent turnout as of 11 a.m., totals he characterized as "pretty much normal."

Elsewhere, Eau Claire City Clerk Donna Austad said turnout was at 4 percent at noon with a projected turnout of 12 percent to 16 percent. She said today's totals "might be a little low" compared to the initial city projections of 15 percent to 20 percent.

-- By Andy Szal

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12:06 PM: Election Day: Officials predicting 20 percent turnout

It's Election Day across Wisconsin.

Voters statewide will chose between incumbent Justice Louis Butler and Burnett Co. Judge Michael Gableman for the Supreme Court and decide whether to OK a constitutional amendment to ban the so-called "Frankenstein veto."

In Milwaukee County, voters will pick between incumbent County Exec Scott Walker and Sen. Lena Taylor. There are also school referendums in 47 school districts and mayoral elections in Milwaukee, Kenosha and 13 other cities.

State officials are predicting a 20 percent voter turnout today.

Find your polling place

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11:56 AM: RPW urges supporters to kill Frankenstein

The Republican Party of Wisconsin sent out 30,000 emails today to GOP-aligned voters urging them to vote yes on a constitutional amendment to ban the so-called Frankenstein veto.

The RPW email read:

Vote "YES" on the Partial Veto referendum TODAY and kill Frankenstein once and for all.

Take away Governor Doyle's veto power he has used so many times to raise our taxes. This year property taxes went up with one stroke of his Frankenstein pen - after he broke his promise not to raise taxes and to Republican legislators who kept their constituents' best interests at heart when they opposed tax increases during the budget process.

Vote "YES" today, April 1, 2008.

Read the referendum question and explanation

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11:05 AM: Candidates plan election night parties

Here are details on the Election Night parties for some of the top candidates in the state:

*Milwaukee Mayor Tom Barrett, 7:30 p.m., Derry Hegarty's Irish Pub, 5328 N. Bluemound Road, Milwaukee.

*Justice Louis Butler, 7:30 p.m., Riverfront Pizzeria, 509 E. Erie St., Milwaukee.

*Supreme Court candidate Michael Gableman, after results come in, Ray and Dot's Legion Post, 6351 W. Grange Ave, Greendale.

*2nd District Court of Appeals candidate Bill Gleisner, 8 p.m., The Delafield Hotel, 415 Genesee St., Delafield.

*2nd District Court of Appeals Judge Lisa Neubauer, 8 p.m., The Ivanhoe Pub & Eatery, 231 Main St., Racine.

*Lena Taylor, 7 p.m., Comfort Inn & Suites, 916 E. State St., Milwaukee.

*Milwaukee Co. Exec. Scott Walker, 8 p.m., Wisconsin State Fair Park, Tommy G. Thompson Youth Center, 640 S. 84th St., West Allis.

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8:44 AM: Interest groups use mail to boost SC candidates

The national Rifle Association Political Victory Fund issued an "election alert" for Supreme Court candidate Michael Gableman via a blaze orange postcard.

The mailer tells hunters and anglers:

"In the years to come, the Wisconsin Supreme Court will hear cases that permanently define the scope of our Right to Keep and Bear Arms and the Right to Hunt and Fish. When those cases come before the Court, we must have a friend like Judge Michael Gableman who supports our rights. His opponent, Justice Louis Butler, has a track record of casting the Court's deciding vote in cases that arrogantly overturned voter-approved constitutional protections. In 2006, Butler was even part of the 4-to-3 majority that denied a citizen the right to carry a firearm for self defense."

Mailers from the AFL-CIO and AFT-Wisconsin have similar messages encouraging union members to vote for Butler. Both mailers say, "Any gains workers win at the bargaining table and in the Legislature can be stripped away in the courts. That's why it's important to support candidates for the state Supreme Court who understand the needs of working families."

The AFL-CIO mailer adds, in part: "Big corporate interests recognize the importance of the state Supreme Court and have worked hard to elect justices who will bend the law to serve the needs of corporations and the wealthy. These interests will spend millions to support Justice Louis Butler's opponent."

WEAC's PAC sent out a mailer last week urging a vote for Butler.

The mailer reads, in part: "Long before Louis Butler was a Supreme Court justice, he grew up in the projects of Chicago. His family was not wealthy, but they had hope that their son would have opportunities they did not. As Barack Obama would be our nation's first African-American president, Justice Butler was the first African-American person to serve on Wisconsin's Supreme Court. Conservative activists are seeking to win a majority on the court by waging a disgraceful campaign to defeat Louis Butler. It's up to you to make a difference!"

The mailer also includes a line that reads:
"We need someone who will be FAIR when issues come before the Court:
Equal Rights for All Individuals,
Corporate Scandal and Corruption
Environmental Protection."

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Monday, March 31, 2008

9:38 PM: Butler raps Gableman for running a "nasty campaign"

MILWAUKEE -- Justice Louis Butler berated Michael Gableman for running a "nasty campaign" that he said demeans voters and the integrity of the court in a conversation with reporters in Milwaukee this evening.

"He's been running a very nasty campaign, a campaign that's unheard of in Wisconsin State Supreme Court history," Butler said.

He said that voters expect candidates to run campaigns that uphold the integrity of the court and that candidates should run on their record, experience and approach to the job.

"What we've got is somebody whose willing to do anything to try to win a seat on the supreme court," Butler said. "That's not the way to run."

During his stop, Butler thanked a group of about 20 volunteers at a union office building near West Allis for making election-eve calls today on his behalf. Earlier, Butler visited Madison, Eau Claire, Green Bay, Oshkosh, and Racine.

Butler criticized Gableman for ads he has run, saying his ads were worse than the ones outside groups have ran. In contrast, Butler said all the ads he has run were positive and that he's asked groups airing negative ads on his behalf to take them down.

"I hold that office in high regard and I will not compromise my integrity or the integrity of the office just to win an election," Butler said. "I think it's very unfortunate that my opponent has chosen to go that route."

-- By David Wise

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6:40 PM: Gableman continues to tout law enforcement credentials

MILWAUKEE -- Michael Gableman continued to talk up his support from law enforcement during a stop here Monday afternoon, thanking various groups, including the Wisconsin Sheriffs and Deputy Sheriffs Association and the Wisconsin Fraternal Order of Police.

Waukesha District Attorney Brad Schimel also attended Gableman's stop.

Gableman said he decided to barnstorm the state today to "work as hard as I can to share my judicial philosophy and my background and my message with as many people across that state the best way that I can."

Gableman said that he wants to show the stark contrast between the two candidates. He referenced his past work as a prosecutor and his opponents work as criminal defense attorney.

"I believe that judges are not legislators and should not oppose there own agenda on the law," said Gableman.

Gableman has spent much of the campaign promising to be a judicial conservative while accusing Butler of being a judicial activist who legislates from the bench.

Gableman was also in Wausau and Green Bay.

-- By Samantha Hernandez

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5:27 PM: Outside groups register more than $500,000 in independent expenditures

Outside groups had registered more than half a million dollars in independent expenditures with the state by this afternoon, with 85 percent of that going to support Butler.

The WEAC PAC had the largest expenditure registered at $249,325, with the majority of that going to a TV buy. The Greater Wisconsin Committee listed an independent expenditure of $96,858, while Planned Parenthood had one for $939. That totaled $447,122 in pro-Butler expenditures.

The NRA Political Victory Fund registered $73,458 for a mailing to support Gableman, while the Volunteers for Agriculture, the Farm Bureau's PAC, registered $3,766 for ads in three publications supporting the judge. That totaled $77,224.

The Center for Advocates PAC had a $1,292 independent expenditure for multiple candidates, including Butler, while the Kenosha AFL-CIO Political Donation Fund registered $1,000 for an independent expenditure that also mentioned Butler among multiple candidates supported.

Two groups that registered their intentions to make independent expenditures in the race hadn't reported any spending yet.

One is the Milwaukee Police Association PAC, which planned to support multiple candidates, including Butler.

The other is the Citizens to Defend the Constitution, a group dedicated to electing Dem judges. It had registered its intentions to support Butler, and a spokesman for the Democratic Judicial Campaign Committee, which is related to the CDC, reported robocalls going out today. See more in an item below.

Outside groups had spent some $3.1 million on TV ads on the four major network affiliates in Green Bay, Madison and Milwaukee alone, according to a WisPolitics tally from last week. Combined with the independent expenditures, third-party groups have already blown by the record $3.1 million they spent on last year's Supreme Court race.

-- By JR Ross

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5:15 PM: Gableman besting Butler for late money

Burnett County Judge Michael Gableman had outraised Justice Louis Butler in late contributions by more than $30,000 with more than three-fourths of his money coming from five donors who hit the maximum, according to reports filed by early this afternoon.

The late contribution reports filed at the Government Accountability Board cover anything that's come in since the close of the last reporting period, March 17. Since then, Gableman has received 24 donations totaling $77,360, compared to 55 donations totaling $46,200 for Butler.

Gableman received $10,000 donations -- the maximum -- from Paul Singer, general partner at Elliott Management in New York City, and Bonnie Loeb, the executive assistant at the company. Jay Newman of New York, whose occupation was listed as finance, also gave $10,000.

Gableman also received $10,000 each from Gordon Singer and Jenny Singer. Their occupations and addresses weren't included in Gableman's reports, but the information had been requested.

Gableman also received $5,000 donations from: Richard Uihlein, an Illinois executive at ULINE; David Humphreys, president of TAMKO Roofing Products in Joplin, Mo.; and John Bryan, a retiree living in Oswego, Ore.

Butler's largest donations were five contributions of $2,500 each. They came from former Gov. Martin Schreiber, a lobbyist who announced his endorsement of Butler last week; Susan Herzog of Palm Gardens, Fla., the communications director for Herzog College; Patrick Dunphy, a Milwaukee attorney; and Thomas St. John, a Shorewood attorney.

-- By JR Ross

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4:52 PM: McGee appeals to constituents

Jailed Milwaukee Ald. Michael McGee released a statement this afternoon appealing to voters in his district let the legal system run its course and let "us witness first hand whether Mother Justice is blind, and whether there is only one legal system for all."

McGee is in jail awaiting trial on state and federal charges. He is running for re-election for his City Council seat tomorrow against Milele Coggs.

"I want my constituents to know that this is a short term situation and that sooner, rather than later, I'll be free," McGee said in a statement.

See the release: http://www.wispolitics.com/index.iml?Article=122302

-- By Staff

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4:37 PM: DA having trouble finding investigators for One Wisconsin Now complaint

Burnett County District Attorney Ken Kutz said he has found not takers so far in his request for neighboring prosecutors to handle an open records complaint One Wisconsin Now filed seeking e-mails from Gableman's county account.

Kutz said he sent out 10 emails to DAs in neighboring counties. Kutz has declined to pursue the complaint himself because Gableman is the only judge in the Burnett County.

"I've gotten nine 'nos' and one no response," he said.

Kutz said if none of his local colleagues take up the task, he'll most likely contact the state Attorney General's office to see if someone there can handle it.

Gableman released some e-mails to the liberal-leaning group in response to the records request but held back eight, saying they were personal in nature. OWN filed the complaint over those e-mails he held back.

Gableman's campaign said in a statement today he has complied with the OWN request and it's false to claim otherwise.

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2:28 PM: GOP officials do robocalls supporting Gableman

U.S. Rep. Paul Ryan, R-Janesville, and Republican Party of Wisconsin chairman Reince Priebus lent their voices to robocalls supporting Burnett County Judge Michael Gableman in his bid to unseat Supreme Court Justice Louis Butler.

RPW spokeswoman Kirsten Kukowski said the party got involved after seeing Gov. Jim Doyle working the campaign trail for Butler, and the state's largest teacher's union, WEAC, launching a statewide TV ad.

"We felt we needed to not sit on the sidelines while they're pouring in money and support," she said of the Priebus call.

The Priebus call was sent out to 100,000 phones statewide, but mostly focused on southeast Wisconsin, Kukowski said.

A spokeswoman for Ryan's campaign did not have details about the scope of the Ryan call.

Here's the Priebus transcript:

Hi, this is Reince Priebus, Chairman of the Republican Party of Wisconsin.

Republicans have a clear choice for Supreme Court. Mike Gableman.

Judge Gableman was a Republican D.A. before he was appointed to the circuit court.

Gableman is a judicial conservative who will put victims ahead of criminals and not create new laws that hurt victims and jeopardize jobs in Wisconsin.

On the other hand, Louie Butler was appointed by Jim Doyle and is a former criminal defense attorney.

This Tuesday, please join me in voting for Mike Gableman for Supreme Court.


Here's the Ryan transcript:

Hi, this is Congressman Paul Ryan. I'm calling to ask you to join me in voting for Judge Michael Gableman for Supreme Court this Tuesday.

A former Republican district attorney, Judge Gableman's experience as a prosecutor has earned him the endorsements of a bipartisan majority of Wisconsin's sheriffs and district attorneys.

Like me, law enforcement supports Judge Gableman because they know he is the only candidate for the court we can trust to not legislate from the bench. We can trust Judge Gableman to put the rights of victims ahead of criminals.

That's why I hope you'll join me, Congressman Paul Ryan, in voting for Judge Gableman this Tuesday.

Paid for by Gableman for Supreme Court, James A. Zeiler, Treasurer.


UPDATE:

Other robocalls are circulating from a pro-Butler union and a pro-Gableman union.

From Bryan Kennedy, president of AFT-Wisconsin: "Our union has endorsed Louis Butler because he is impartial and has a strong record on behalf of working families. As a former union member, Justice Butler understands our values."

And from R.J. Lurquin, president of the Wisconsin Sheriffs and Deputy Sheriffs Association, on behalf of the Gableman campaign and "law enforcement's choice for the Supreme Court."

"Judge Gableman is a former prosecutor who worked hard to keep our communities safe, he says. "On the other hand, his opponent's decisions have made law enforcement's job more difficult.''

Arlington, Va.-based Democratic Judicial Campaign Committee is doing robocalls in the state in support of Butler.

DJCC spokesman David Browne declined to release a transcript of the calls, but said the gist of the message is that the corporate interests are pouring millions of dollars into the race, and encouraging voters to turn out to counter their influence.

Browne said there are five or six different variations of the calls, and about 200,000 are going out.

He declined to provide a transcript or a copy of the calls to WisPolitics.

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11:08 AM: Wisconsin Family Action files complaint against Butler with Judicial Commission

Wisconsin Family Action has filed a complaint against Justice Louis Butler with the Wisconsin Judicial Commission charging that he "accepted contributions from LGBT interest groups and attorneys while telling the public that he wouldn't."

The complaint alleges that Butler's campaign accepted contributions from Fair Wisconsin, and says those donations jeopardize his ability to be impartial in cases before the state Supreme Court.

"Right now we are tracking several cases related to our pro-family, pro-traditional marriage position. Two of those cases are already before the Supreme Court. The other, a direct challenge to the constitutionality of the marriage amendment, will likely land there," WFA president Juliane Appling said in a statement released Friday. "We are very concerned about Justice Butler's ability to rule on these cases -- and any others of a similar nature -- in a fair and impartial way."

Wisconsin Judicial Commission executive director James Alexander said the group could not confirm or deny receiving the complaint.

See the WFA statement and complaint: http://www.wispolitics.com/1006/080328_WFA_complaint.pdf

-- By Andy Szal

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10:11 AM: Geseke tells "Up Front" Supreme Court race has been "demeaning"

A former state Supreme Court justice now at Marquette's law school, Janine Geske says the Supreme Court race has been "a devastation of our process," "demeaning" to the high court and the two candidates and a "huge blow" to the public perception of the court.

See more on Geske's view and more on the state Supreme Court race and the ads by viewing "UpFront with Mike Gousha." The show also features segments on the Milwaukee Co. exec race and how a tight state budget could affect county government.

You can view segments of the Sunday news magazine show online here.

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9:55 AM: GWC PAC has new ad

A new ad from the Greater Wisconsin Committee PAC says the choice for Supreme Court comes down to "a politician or a judge."

The spot says Mike Gableman is a politician and a "big campaign contributor" who made phone calls to political fundraisers at taxpayer expense and "now he's running the most negative judicial campaign ever."

The ad then goes on to praise "the better choice," Justice Louis Butler. The ad says he had 16 years experience as a judge, is supported by 95 percent of judges statewide and is endorsed by more than 18,000 law enforcement officers.

See the ad in Ad Watch.


-- By JR Ross

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9:40 AM: Robocalls start in Supreme Court race

The robocalls in the Supreme Court race started coming in over the weekend with one from the conservative-leaning Coalition for America's Families and the other from Burnett County Judge Michael Gableman's campaign.

Here's a transcription of the CFAF call:

Hello, I wanted to share with you that the Milwaukee Journal Sentinel says Louis Butler earned the nickname Loophole Louis as a public defender. For over a decade, Butler tried to exploit legal technicalities to free some of Milwaukee's most violent criminals, and since Butler was appointed to the Wisconsin Supreme Court, he's used loopholes to suppress key evidence and overturn the convictions of repeat offenders, siding with violent criminals who threaten our safety. Louis Butler says he doesn't mind being call Loophole Louis. He actually thinks it's affectionate. What do you think? Call Louis Butler at 608-266-1884 and ask him to deliver justice, not loopholes. Paid for by the Coalition for America's Families.

Here's a transcript of the Gableman call:

Hi, this is Judge Mike Gableman calling to ask you for your vote on Tuesday for Supreme Court. As the only candidate with both judicial and prosecutorial experience, I know how courtroom decisions impact the safety of our communities and prosperity of our state. I hope you'll tune out all those dishonest campaign commercials and listen to the bipartisan majority of sheriffs and district attorneys who have endorsed me. I'm honored to be law enforcement's choice, and I'd be honored to have your vote on Tuesday. Paid for by Gableman for Supreme Court, James Zeller treasurer.

-- By JR Ross

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9:17 AM: Butler, Gableman make final campaign push

Incumbent Supreme Court Justice Louis Butler won editorial endorsements over the weekend from at least four newspaper editorial boards as he embarks this morning on an eight-city election eve campaign swing.

Butler started this morning at the Madison Concourse Hotel and also plans appearances in Waukesha, Milwaukee, Racine, Kenosha, Oshkosh, Green Bay and Eau Claire.

Challenger Michael Gableman, meanwhile, planned campaign stops in Wausau, Green Bay and Milwaukee.

Over the weekend, Butler got editorial support from the Milwaukee Journal Sentinel, the Kenosha News and newspapers in Manitowoc and Sheboygan. Butler had previously been endorsed by the Appleton Post-Crescent, Capital Times, Green Bay Press Gazette, La Crosse Tribune and Superior Telegram.

Gableman has been endorsed by the Beloit Daily News and Sun Prairie Star.

The Wisconsin State Journal endorsed neither candidate, instead pushing for merit selection of Supreme Court justices.

See more endorsements at the WisPolitics 2008 Supreme Court Election Overview.

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9:14 AM: Voters across state face referenda tomorrow

Forty-seven school districts are seeking $450 million in extra money through referendums Tuesday, according to a list posted at the Department of Public Instruction Web site.

In November, 10 referendum questions comprising just more than $302 million were posed to voters; five of them worth $145 million were approved.

A year ago, a record $663 million in referendum questions were put to voters by 52 school districts. Of that, $425 million was denied while $239 million was approved.

See a list of the referendums here.

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9:09 AM: Outside groups outspend SC candidates 11-to-1

Outside groups and the candidates in this spring's Supreme Court race will combine to spend at least $3.1 million on TV ads in the state's largest markets, with a third of that coming in the final week of the campaign, according to records checked by WisPolitics.

Of that, Justice Louis Butler and Burnett County Judge Michael Gableman will combine for just $285,146 in ads, meaning they will be outspent nearly 11-to-1 on the network affiliates in Green Bay, Madison and Milwaukee.

WisPolitics compiled the totals by checking available records on Thursday for TV buys at the four major network affiliates in each market. The buys cover the period of Feb. 20 through Tuesday's election, though they do not reflect buys from outside groups on the NBC affiliate in Green Bay, which will only disclose buys by candidates. Also, an ad from WEAC has been running on cable TV, which was not included in the WisPolitics tally.

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Saturday, March 29, 2008

8:13 AM: Butler, Gableman spar in final debate

Burnett County Judge Michael Gableman repeatedly attacked Supreme Court Justice Louis Butler as a judicial activist while touting his own conservative credentials Friday night in their final debate before next week's election.

Butler countered Gableman was misrepresenting cases he had decided and his record, while calling a TV ad his opponent's campaign has run "disgusting" and demeaning to voters.

The two candidates traded barbs frequently over the hour long debate, a forum sponsored by "We the People" and broadcast live on Wisconsin Public Television and Radio. It was the candidates' final face-to-face meeting before the Tuesday election for the state's highest court.

Many observers believe the balance of the court is at stake on Tuesday with a Gableman win giving conservatives four justices on the bench and an edge that could last years. Outside groups have already spent millions on the race, which has been marked by a stream of negative ads that have attacked the records of both men, questioning their handling of cases as well as their ethics.

The gloves came off early, as Gableman accused Butler of voting to overturn a homicide conviction.

"At least get the cases right," Butler retorted.

Gableman replied, "Oh I have them right, and so will the voters on Tuesday."

Gableman also often referred to Butler's appointment to the court by Gov. Jim Doyle and 2000 defeat when he challenged then-Justice Diane Sykes while serving as a Milwaukee County judge.

Butler expressed exasperation throughout the debate, saying Gableman was "casting aspersions" and impugning the integrity of the court.

"Well, there you go again," Butler said at one point in frustration.

They even bickered over who was using too much time with their responses, and a telling moment came when one questioner asked them each to say something about their opponent that they liked.

"He’s been a judge for almost six years; that I think goes toward his qualifications," Butler said grudgingly.

Gableman turned his answer into a jab at Butler, saying he believes Butler "sincerely believes that the judicial activist model is the model that's more appropriate for Supreme Court justices."

Another pivotal moment in the debate took place when the candidates were asked to discuss ads their campaigns had aired.

Gableman has come under fire from some quarters for an ad that featured Rueben Lee Mitchell, a sex offender Butler represented as a public defender more than 20 years ago. The spot implies Butler's actions resulted in Mitchell's release, allowing him to offend again. Court records show Butler's appeal was eventually denied and Mitchell served his sentence before he was released and committed another crime. A couple dozen protesters picketed outside the TV studio Friday night over the ad, chanting "Shame on Gableman."

After the ad was shown, Gableman said he felt the spot served its "primary purpose" to demonstrate the differences in the candidates' backgrounds. Butler, who said his campaign was running only positive ads, read a list of media who have denounced the Gableman ad. He said his own campaign ran an ad in response to the Gableman spot "in recognition of regardless of what's thrown out there, the fiction becomes the reality of voters."

Asked if it would be better to appoint Supreme Court justices rather than elect them, Gableman said that he has "been very proud to take my message to the people of the state. ... My message is resonating with voters."

Butler countered that the judiciary is "being tainted by the way campaigns are being run," and though he supports electing justices, he acknowledged "something is very broken in our elective justice system."

The candidates sparred time and again over judicial philosophy, with Gableman citing several cases that he says illustrate Butler's "judicial activism."

"If you're going to be a judicial activist, then you should simply say so and argue the true merits" of that philosophy, Gableman said.

"That's not my philosophy and you know it, and those are ridiculous charges," Butler replied.

Read the transcript here.

Watch video of the debate at the We The People Web site here.

-- By Greg Bump

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Friday, March 28, 2008

1:53 PM: Departed WJCIC member donated to Gableman

A recently departed member of the State Bar's Wisconsin Judicial Campaign Integrity Committee gave $100 to Michael Gableman's campaign shortly after leaving the body.

The committee has come under fire in conservative circles for political ties some members have, including a donation member Tony Earl gave to Louis Butler's unsuccessful 2000 campaign for the court.

DeEtte Beilfuss-Eager was added to the committee in late January following some of that criticism. But she mailed the State Bar a letter dated March 5 announcing she was leaving because of personal reasons, Bar spokesman Tom Solberg said. He said the Bar was not aware of the letter until March 17.

Beilfuss-Eager gave Gableman $100 on March 14, according to the Burnett County judge's campaign finance report.

Solberg declined to release her letter to the Bar, and Beilfuss-Eager is not listed in the Madison phone book.

None of the remaining committee members -- Tom Basting, Tim Cullen, Dennis Dresang, Earl, Joe Heim, Bill Kraus, Neil Nettesheim and Carol Toussaint -- donated to either campaign during the most recent reporting period, according to a check of both candidates' finance reports.

See the March 28 WisPolitics REPORT for more on the latest campaign finance reports.

-- By Staff

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10:31 AM: Burnett Co. DA seeks neighboring prosecutor for OWN complaint against Gableman

The Burnett County district attorney has asked about a dozen DAs in neighboring counties to handle an open records complaint One Wisconsin Now has filed seeking e-mails from Gableman's county account.

DA Ken Kutz said he decided to ask others to handle the complaint because he has regular contact with Gableman, the only judge in Burnett County. He said half of the offices he's contacted so far have declined the offer.

"My suspicion is ultimately I'm going to have to talk to the attorney general's office to appoint someone to handle the matter," Kutz said.

Gableman released some e-mails to the liberal-leaning group in response to the records request but held back eight, saying they were personal in nature. OWN filed the complaint over those e-mails he held back.

Gableman's campaign said in a statement he has complied with the OWN request and it's false to claim otherwise.

*Read the OWN release:
http://www.wispolitics.com/index.iml?Article=122082
*Read the Gableman statement:
http://www.wispolitics.com/index.iml?Article=122134

-- By Staff

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Thursday, March 27, 2008

11:12 AM: WJC doesn't acknowledge complaint against Butler

The Wisconsin Judicial Commission's executive director says he can't say whether his office received a complaint from a conservative activist against Justice Louis Butler.

The commission issued a statement earlier this month acknowledging it had received a complaint filed against Michael Gableman by Wisconsin Citizen Action. The statement did not comment beyond acknowledging it had received the complaint, which Citizen Action had publicized in a release to the media.

Executive Director James Alexander said today he could not say why the commission could not comment on whether it had received the Butler complaint, which Bob Dohnal distributed to the media yesterday.

Dohnal said he filed the complaint with the Government Accountability Board as well, but staff there said it is prohibited under the ethics overhaul lawmakers approved last year from commenting in any way about complaints filed with the body, including acknowledging receipt of one.

Read the complaint:
http://www.wispolitics.com/1006/080325_Dohnal_complaint.pdf

-- By Staff

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Wednesday, March 26, 2008

10:26 AM: Butler, Gableman continue to trade barbs over ad at debate

Supreme Court Justice Louis Butler said Tuesday night it was an embarrassment to the public that his opponent had run a TV ad suggesting his actions led to a child molester being freed to offend again.

But Burnett County Judge Michael Gableman countered the ad fairly contrasts the backgrounds between the two, pointing out Butler spent time as a public defender earlier in his career while he had served as a prosecutor.

"My opponent spent his former career working for the Reuben Lee Mitchells of the world," Gableman said, referring to the molester featured in the spot.

Butler criticized Gableman for making the decision to run the ad, saying it was a poor reflection on his opponent's campaign.

"Quite frankly it's disgusting, and it's embarrassing, and it should not have gone up in the first place," Butler said.

Gableman's ad referred to the case of Mitchell, who was convicted of raping an 11-year old girl. The narrator in the spot says, "Butler found a loophole; Mitchell went on to molest another child."

Butler was Mitchell's public defender and appealed his conviction. While he won at the appeals court, the Supreme Court reinstated the conviction, and Mitchell served his sentence. Following his parole, he committed the second offense.

Gableman spent much of the hour long debate touting his experience as a former prosecutor and a judge, the cornerstone of his campaign. He said he had worked "shoulder to shoulder" with victims of crime and law enforcement officials in seeking justice. He repeatedly pointed out that Butler had worked as a public defender and promised he would be a judicial conservative who wouldn't legislate from the bench if elected April 1. He also took a swipe at Butler over a newspaper report from the weekend that showed he had received contributions from a lawyer with a case pending before the Supreme Court.

Butler countered Gableman's punch by pointing out the donations were allowed under judicial codes and he had gone out of his way to disclose contributions to those with business before the court. He said he was proud to have worked as a public defender, saying it was an important part of the judicial system and providing a good defense forced prosecutors to strive to be better.

Butler questioned Gableman's decision to run the Mitchell ad several times during the debate, urging voters to look at the ads the two campaigns have run. He said he has remained positive throughout the campaign, but "I wish I could say the same for my opponent" and challenged Gableman to take responsibility for the inappropriateness of his TV ad. He encouraged voters to ignore the spots from outside groups and use the campaigns own spots to evaluate the two.

The two continued to trade barbs throughout the hour long debate about the Mitchell ad as well as those run by outside groups.

Butler noted all seven sitting justices had signed a letter supporting public financing for Supreme Court races because the system had become so broken. He noted last year's race was generally panned by those who watched it for its negative tone and this year's race was no better.

"We do believe we have to do something to fix this system where these outside groups are basically launching an assault on our justice system as we know it and the independence of our judiciary system,"