By Scott Bauer
Associated Press
MADISON - Wisconsin's elections board cannot legally turn over any of its investigatory records to auditors, the state attorney general determined, dealing a blow to Republicans critical of the board's probe of Gov. Scott Walker's recall campaign and several conservative groups.
In his legal opinion released Thursday, Republican Attorney General J.B. Van Hollen said Wisconsin law prohibits the Government Accountability Board from providing any investigatory records to auditors and even specifies the criminal penalties for doing so. Although Van Hollen's opinion didn't refer specifically to the Walker investigation, the GAB's director requested it after being asked to turn over investigatory records.
The nonpartisan Legislative Audit Bureau, at the order of the Republican-controlled Legislature, is currently conducting a review of the board. Both Republicans and Democrats have been critical of the nonpartisan board that oversees elections and the state's campaign and ethics laws. The Legislature created the board, comprised of former judges, in 2007.
And both Republicans and Democrats were critical of Van Hollen's opinion and said they would push for a change in state law to allow for the Audit Bureau to get the records.
The Republican co-chairs of the Legislature's Audit Committee - Sen. Rob Cowles, of Green Bay, and Rep. Samantha Kerkman, of Salem - said in a statement they supported any necessary legal changes that would give the Audit Bureau "access to any records it needs."
Republican Sen. Mary Lazich, who pushed for the audit, said she had "major concerns" about the board being unaccountable to the people and would also support a law change.
And Democratic Assembly Minority Leader Peter Barca said he was "deeply troubled" by the opinion and said he would work with Republicans to ensure the Audit Bureau can "access records to ensure our government agencies are serving taxpayers in the most efficient and effective ways possible."
Last year, the board voted in secret to authorize the probe and hired a special investigator. The investigation encompassed five counties. The Wisconsin Club for Growth, one of the conservative groups that were targeted, filed a lawsuit in May alleging that the board exceeded its authority and violated the group's rights by launching the investigation.
A federal judge has suspended the investigation, and prosecutors are appealing that decision.
In February, the board's director, Kevin Kennedy, asked for the attorney general's opinion on whether the agency's investigative records needed to be turned over to auditors. He noted that auditors asked for "access to any and all confidential records it deems pertinent to enable it to perform its responsibility to conduct a comprehensive audit in an independent, objective and thorough manner."
Kennedy said the board, comprised of six retired judges, supports the objective, but that state law imposes criminal penalties for the unauthorized disclosure of investigatory materials.
Kennedy, in a statement reacting to the opinion, said the board was cooperating fully with auditors and looked forward to the completion of the review.
"The Legislature created these confidentiality laws to avoid jeopardizing investigations and to protect people who may be subject to complaints or investigations while the GAB reviews the matter and until certain resolutions are reached," Kennedy said. "The board and its staff have always taken the confidentiality laws and the criminal penalties for violation very seriously."
State Auditor Joe Chrisman did not immediately return a message seeking comment. The Audit Bureau's website says the elections board report is due out this summer.
Associated Press
MADISON - Wisconsin's elections board cannot legally turn over any of its investigatory records to auditors, the state attorney general determined, dealing a blow to Republicans critical of the board's probe of Gov. Scott Walker's recall campaign and several conservative groups.
In his legal opinion released Thursday, Republican Attorney General J.B. Van Hollen said Wisconsin law prohibits the Government Accountability Board from providing any investigatory records to auditors and even specifies the criminal penalties for doing so. Although Van Hollen's opinion didn't refer specifically to the Walker investigation, the GAB's director requested it after being asked to turn over investigatory records.
The nonpartisan Legislative Audit Bureau, at the order of the Republican-controlled Legislature, is currently conducting a review of the board. Both Republicans and Democrats have been critical of the nonpartisan board that oversees elections and the state's campaign and ethics laws. The Legislature created the board, comprised of former judges, in 2007.
And both Republicans and Democrats were critical of Van Hollen's opinion and said they would push for a change in state law to allow for the Audit Bureau to get the records.
The Republican co-chairs of the Legislature's Audit Committee - Sen. Rob Cowles, of Green Bay, and Rep. Samantha Kerkman, of Salem - said in a statement they supported any necessary legal changes that would give the Audit Bureau "access to any records it needs."
Republican Sen. Mary Lazich, who pushed for the audit, said she had "major concerns" about the board being unaccountable to the people and would also support a law change.
And Democratic Assembly Minority Leader Peter Barca said he was "deeply troubled" by the opinion and said he would work with Republicans to ensure the Audit Bureau can "access records to ensure our government agencies are serving taxpayers in the most efficient and effective ways possible."
Last year, the board voted in secret to authorize the probe and hired a special investigator. The investigation encompassed five counties. The Wisconsin Club for Growth, one of the conservative groups that were targeted, filed a lawsuit in May alleging that the board exceeded its authority and violated the group's rights by launching the investigation.
A federal judge has suspended the investigation, and prosecutors are appealing that decision.
In February, the board's director, Kevin Kennedy, asked for the attorney general's opinion on whether the agency's investigative records needed to be turned over to auditors. He noted that auditors asked for "access to any and all confidential records it deems pertinent to enable it to perform its responsibility to conduct a comprehensive audit in an independent, objective and thorough manner."
Kennedy said the board, comprised of six retired judges, supports the objective, but that state law imposes criminal penalties for the unauthorized disclosure of investigatory materials.
Kennedy, in a statement reacting to the opinion, said the board was cooperating fully with auditors and looked forward to the completion of the review.
"The Legislature created these confidentiality laws to avoid jeopardizing investigations and to protect people who may be subject to complaints or investigations while the GAB reviews the matter and until certain resolutions are reached," Kennedy said. "The board and its staff have always taken the confidentiality laws and the criminal penalties for violation very seriously."
State Auditor Joe Chrisman did not immediately return a message seeking comment. The Audit Bureau's website says the elections board report is due out this summer.