News Clips

Jay Heck, director of Common Cause, told the Wisconsin Law Journal he believes Vos’ threat of impeachment is hypocritical. “It’s such self-serving hypocrisy with Vos. Where was Vos in 2012 when conservatives all voted to dismiss illegal coordination with Walker and Club For Growth? It has been well documented that Walker engaged in coordination to raise money for his recall election, which was illegal. Candidates cannot coordinate with outside special interests, and the Legislature changed that in 2015, but I didn’t hear Vos, or conservative justices who received funding from Club for Growth, to recuse,” Heck said during an interview with the Wisconsin Law Journal. “It’s selective outrage,” Heck said, noting that Common Cause also held former Democrat Jim Doyle accountable for actions taken during his administration.

Stephen Spaulding, vice president of policy for the nonprofit Common Cause, said gambling on elections is bad for democracy. "You can imagine wealthy gamblers could make significant money by exploiting disinformation to influence an electoral outcome that would protect the bettors' bottom line," Spaulding pointed out. "This again opens up a significant risk to the perception that the winners and losers of an election are not determined by voters, but by those who stand to gain financially." Spaulding noted the "Citizens United" Supreme Court decision allowed companies to spend unlimited money on elections, and called betting on elections a "profound threat to democracy." "You can imagine a situation where an entity places an enormous wager on the outcome of an election, and also funnels resources through Super PACs or other 'dark money' vehicles to influence the outcome of an election," Spaulding explained. "That is inherently, we think, anti-democratic." Both Common Cause and some U.S. senators, including California's Dianne Feinstein, submitted letters of opposition during the public comment period, which ended in July. The Commodity Futures Trading Commission is expected to make a decision by Sept. 21.

Critics note there are no guarantees that the convention would be limited to gun control if triggered. The nonpartisan democracy advocacy group Common Cause earlier this week blasted the push, noting a convention lacks legal guardrails and historical norms. "By calling a constitutional convention, Governor Newsom would invite wealthy special interests to open the hood of the U.S. Constitution and tinker with our rights and liberties—without a single rule," the group said in a news release. "There are few risks to the freedoms we cherish greater than calling for a constitutional convention. No matter what issue you care about—civil rights, abortion, housing, the environment, or gun safety — an Article V Convention carries the potential to take us back rather than move us forward."

Regardless of how the state court rules, plaintiffs in an ongoing federal lawsuit plan to proceed with their case, explained Kathay Feng, an attorney and vice president of programs for Common Cause Florida, one of the groups challenging the map. "If they come to a final remedy that is very narrowly focused, there is still an opportunity for the federal case to examine the entire state map as a whole," Feng said. Although plaintiffs suing in state court have agreed to skip a trial, that's not expected to happen in the federal case, Feng said: "We are fully prepared to go to trial in September."

During an interview with the Wisconsin Law Journal last week, Executive Director Jay Heck of the non-partisan government accountability group Common Cause noted that Wisconsin ranked as the 47th worst in the nation, according to a Center for American Progress study for judicial ethics recusal rules. The study looked at the strength of recusal rules for judges in every state, ranking each state 1-50. “Even Cook County (in Chicago) has stronger recusal rules for judges, which is a pretty low bar given Chicago’s reputation,” Heck said. “Chicago has always been the thing we don’t want to be. It’s the bar you always want to surpass in terms of politics, ethics and corruption,” Heck added. Citing a Marquette University Law School poll on reduced confidence in Wisconsin’s courts, Heck said, “It’s reasonable to open to the public how a court operates, especially with the low regard noted in Marquette Law School polls. Wisconsin courts used to be highly regarded, but that has dissipated over the years, as big money has inundated elections,” Heck said.

John M. Marion, executive director of Common Cause Rhode Island, said Common Cause and the Campaign Legal Center have been urging the state Board of Elections for at least four years to adopt regulations that would clarify that types of coordination — including red-boxing — violate state campaign finance law. It hasn’t happened. Marion said the current form of red-boxing has emerged since Rhode Island last made major changes in this area of campaign finance law in 2012. “It was hard to imagine then that super PACs and candidates campaigns would be so sophisticated as to have hidden websites and cryptic tweets,” he said. “Sign stealing is maybe as old as baseball, but the sophistication of it has increased over time. Even our Red Sox got caught using an Apple Watch.” Marion said, “The independent spending in elections which was unleashed by the US Supreme Court in the Citizens United decision is supposed to be completely separate from a candidate’s campaign, and when it is coordinated it eviscerates our limits on money in politics.”