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Public Policy Forum
Hot Legislative Races in 2002
by Joe Murray
With Democrats in control of the state Senate 18-15, and Republicans in control of the state Assembly 56-43, political activists and insiders are watching 15 legislative races as key battleground districts that could decide the outcome in the balance of power next January.
In the state Senate, five races will decide if Senate Majority Leader Chuck Chvala (D-Madison) holds on to his majority. Contested Senate races include:
- 5th Senate District (Milwaukee and Waukesha counties): Republican Tom Reynolds faces-off against Democrat George Christenson. Republicans will have to spend more money than anticipated to hold this seat after Reynolds, a self-proclaimed "radical conservative," defeated moderate Republican incumbent Peggy Rosenzweig from Wauwatosa. Majority Leader Chvala says Democrats will win in this Republican-leaning district once voters learn how conservative Reynolds is on issues such as abortion and guns.
- 9th Senate District (Sheboygan, Calumet and Manitowoc
counties): Democrat incumbent Jim Baumgart faces Republican Joe Leibham. Senate Republicans believe Leibham, a four-year member of the state Assembly, represents the best opportunity to defeat a senate incumbent. Baumgart served in the Assembly from 1991 until he was elected to the Senate in 1998.
- 21st Senate District (Racine county): Democrat incumbent Kim Plache faces Republican Cathy Stepp. Plache arrived in the Senate after defeating Republican George Petak in a recall election for his vote on instituting a county sales tax to pay for the construction of Miller Park. Stepp is a member of the Wisconsin Builders Association. Senate Republicans think voters will oust Plache for her close association with Majority Leader Chuck Chvala on tax and spending issues. Democrats contend Plache is battle tested and well financed enough to withstand a tough race.
- 23rd Senate District (Eau Claire, Chippewa, Dunn and Clark
counties): Republican incumbent Dave Zien faces Democrat Earl Larson. Zien is a motorcycle riding, flag waving conservative, best know for his advocacy on behalf of the pro-gun movement. Larson, a retired teacher with a strong reputation as a good coach, will force Zien to work hard and defend his record in this Democratic leaning district.
- 31st Senate District (Buffalo, Eau Claire, Monroe, Jackson, Pierce, Trempeleau and Pepin
counties): Democrat incumbent Rod Moen faces Republican Ron Brown. Moen is a long-time veteran of the state Senate known for strong and effective constituent relations. Brown is a retired fire fighter who hails from Eau Claire and brings an active list of campaign volunteers to his campaign from the ranks of fire fighters throughout the district.
State Assembly
In the state Assembly, ten races will ultimately decide who will control the lower house. There are six competitive open seats, two vulnerable Republican incumbents and two vulnerable Democrat incumbents. First, the competitive open Assembly seats:
- 26th Assembly District (Sheboygan county): Republican Kurt Zempel faces Democrat Terry Van Akkeren. Democrats believe they will win this seat back after four years of Republican representation by Joe Liebham, now running for the state Senate. Republicans acknowledge holding the seat will be difficult, but possible. Van Akkeren has been on the Sheboygan ballot four times over the years and lost.
- 43rd Assembly District (Rock, Walworth counties): Democrat Jerry Lowrie faces Republican Debi Towns. Democrats argue that this district will go their way in November because redistricting changed the district from a Republican seat to a Democratic seat. Republicans contend that 80 percent of the new 43rd district has been represented by a Republican at one time. This seat was held by Steve
Nass.
- 67th Assembly District (Chippewa, Dunn counties): Republican Jeff Wood faces Democrat Paul Gordon. Republicans think they will hold this seat because Gordon is a weak candidate with a history of out-of-step positions on key issues. They also point to the effort Tom Sykora is putting in to help the GOP hold this seat. Sykora is retiring after three terms in the Assembly.
- 70th Assembly District (Wood, Portage counties): Democrat Amy Sue Vruwink faces Republican Gary Meyer. Democrats believe they will win the 70th district after a narrow loss in 2000 to retiring Republican incumbent Mary Ann Lippert. Two years ago Lippert was expected to win with a comfortable margin. In the end she won with only a handful of votes. Democrats vow a comeback this year.
- 87th Assembly District (Rusk, Price, Taylor counties): Republican Mary Williams faces Democrat Paula Houdek. Republicans view this seat as a pick-up after redistricting made the district more Republican. With Democrat incumbent Marty Reynolds not seeking re-election to this seat, the GOP has all but put this seat in their column.
- 90th Assembly District (Brown County): Democrat Roger Dier faces Republican Karl Van Roy. Republicans feel they will win this seat after ten years of close elections under retiring incumbent John Ryba. Ryba was a conservative Democrat that made it difficult for the GOP to draw a distinction between the two candidates. With Ryba leaving, the GOP contends they will end a long string of near misses.
Vulnerable Incumbents
Depending on who you ask, its possible to add or subtract from this list of vulnerable incumbents. Almost everyone agrees these four belong on the possible upset list:
- 5th Assembly District (Brown and Outagamie Counties): Democrat incumbent Lee Meyerhofer faces Republican Beck Weber. Republicans contend redistricting made this district more Republican. Democrats argue that Meyerhofer is a conservative Democrat and a good fit for this district. Democrats believe that Meyerhofer will outwork Weber in the all-important grassroots campaigning necessary to defeat an incumbent.
- 13th Assembly District (Milwaukee County): Incumbent Democrat Dave Cullen faces Republican Steve Adamezyk. Democrats are quick to note that Cullen is always on the vulnerable list and he always finds a way to win. Republicans say that redistricting made the district more likely to support the GOP.
- 28th Assembly District (Burnett and Polk Counties): Republican incumbent Mark Pettis faces Democrat Charles Wolden. Pettis is always on the vulnerable list because he represents a swing district and determined opposition from Democrats in Madison. Democrats are keenly aware of the fact that Pettis never wins by more than a couple hundred votes.
- 79th Assembly District (Dane and Green counties): Republican incumbent Rick Skindrud faces Democrat Sondy Pope-Roberts. Democrats think they have a chance in this strongly democratic district due to redistricting. Republicans argue that Skindrud is always on the vulnerable list because he represents the most Democratic district held by a Republican in the state. In spite of the districts democratic leanings, Skindrud has proven his ability to work hard and hold a district that should belong to democrats.
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New "Do Not Call" List Poses Potential Problems for
Realtors®
By Michael Theo
Everyone hates being called by telemarketers at dinnertime, so Wisconsin's new "do not call list" law is wildly popular. While the new law will require changes for real estate practitioners, the changes were thought to be relatively minor and workable. However, proposed new administrative rules designed to provide the operational details for the new law substantially expand the intent and impact of the law and will, if enacted as proposed, create significant new liabilities for
Realtors®. The WRA is investing a great deal of time and resources to revise these rules so the public benefits of the new law are realized without unnecessary increases in
Realtor® liability for the routine conduct of their business.
Here's what you need to know:
Facts
- The consumer sign up deadline for the no call list is Dec. 1, 2002. (Consumers must renew every two years. There is no cost to consumers.)
- The law becomes effective Jan. 1, 2003, but only if the administrative rules are completed. (If the rules are not in place, the law does not go into effect.)
- Once in place, REALTORS® must consult the state Do Not Call (DNC) list prior to making calls that suggest the purchase of goods or service. (Exception: existing clients or written approval.)
History
- When introduced as separate legislation, the WRA sought an exemption for real estate, which is substantially different from the professional telemarketing that was, ostensibly, the intended target. Many other states exempt real estate activity from their law because these calls are not made by professional telemarketers.
- The legislative debate, however, was cut short when the bill was stuck in a multi-billion dollar state budget bill, and thus legislative consideration of a
REALTOR® exemption never occurred.
- The WRA supported vetoes from Gov. McCallum that reduced the ridiculously excessive penalties contained in the new law. (Prior to veto, penalties could reach $10,000 for one violation-even a first offense.)
Administrative Rules
- The proposed administrative rules were published only recently, and the drafts transformed a workable law into a legal nightmare for
REALTORS®.
- The extensive input provided by the WRA during the rule-writing process was substantially ignored by the bureaucrats at the Department of Agriculture, Trade and Consumer Protection
(DATCP).
- The rules are now before an Assembly committee for review. Senator Jon Erpenbach (the bill's main author) refused to even hold a public hearing in the Senate to receive concerns by the WRA and other affected parties. However, Assembly Rep. Sue Jeskewitz is talking a more thoughtful approach and facilitating a much-needed forum for interaction between those with concerns, DATCP, and interested legislators.
Highlights of Problems with Administrative Rules
- Under the proposed rules, DATCP usurps consumer protection authority from unrelated statutes and uses it to justify a substantial expansion of the penalties under the bill-in direct contradiction to the governor's vetoes, which the legislature supported. (i.e.: rules directly violate legislative intent.)
Example: Under the proposed rules, consumers are granted the power to bring a lawsuit by merely asserting a violation (i.e.: private cause of action, which was vetoed by the governor). Moreover, the rules provide for double-damages to be awarded, as well as full recovery of attorney fees, if a violation is found. The combination of these new authorities, created by DATCP without legislative authorization, will act as a significant incentive for trial lawyers in the state to initiate "predatory lawsuits" against real estate firms, soliciting former customers and clients of
REALTORS® to join a class action suit. For added appeal, they will advertise that there is no risk to joining the suit since no legal fees will be owed unless the lawsuit is won.
- The fees required under the proposed rules are excessive and likely exceed DATCP's authority. The fees include $700 for initial registration of each real estate company and an annual fee of $75 per phone line. (In many other states, consumers, not the regulated companies, pay a few dollars to be on the DNC list.)
- The proposed rules alter legislative definitions for telephone solicitors and solicitations such that "any person" who calls to discuss the purchase of goods or services is now covered and must register as a telemarketer and pay the fees. (Calling your elderly mother and suggesting she buy cough medicine would require you to register and pay the fees!)
- Non-profits, which were intended to be excluded under the law, are now included by virtue of merchandise sales that require the charging of sales tax. This is another clear contradiction of legislative intent.
For additional information, call the WRA Legal Hotline at 800-799-4468.
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REALTORS® Endorse Biskupic for Attorney General
by Michael Theo
The WRA RPAC Trustees and Board of Directors have voted to endorse Republican Vince Biskupic for state Attorney General in the November election. This is the first time the WRA has endorsed in this constitutional office. Why now and why Biskupic?
Biskupic Background
- Outagamie County District Attorney for eight years.
- Winnebago County Deputy DA and prosecutor for three years.
- Winnebago County Assistant DA for two years.
- Elected by his peers as president of the Wisconsin District Attorney's Association
- Federal judicial law clerk to Warren Knowles.
Considerations for Endorsement
- Biskupic agrees with the WRA on business issues generally and on numerous key real estate issues. These issues include core value support for private property rights and pro-growth development issues. These are particularly important considerations in this election given the likely prospects of a highly charged, partisan legislative session and a "new" governor and administration (whether it's McCallum or Doyle).
- Although this will be our first endorsement in an attorney general's (AG) race, our experience with the current AG over the issue of fraudulent representation demonstrated the need for a more business-sensitive AG.
- Biskupic will not advocate for the transfer of all consumer protection responsibilities from DATCP to DOJ, which would include the transfer of all landlord-tenant regulations. This change could put this long-standing inter-governmental feud to rest after years of in fighting.
- Biskupic is emerging as an extremely strong statewide candidate (especially regarding fundraising), which will help to maximize Republican voter turnout. This is an important consideration in what will be a very close election, especially for Scott McCallum.
- Biskupic enjoys the support of many influential Realtors® in the Fox Valley where he is best known.
All Realtors® are encouraged to take an active interest in this important race and to vote for Vince Biskupic for attorney general.
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