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State Appeals Court Refuses To Delay Special Election Order

Legislature Poised To Change Special Elections Laws

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The Wisconsin Capitol reflected in an office window
Steve Brown & John Verkleir (CC-BY)

A state appeals court has denied Gov. Scott Walker’s request to delay a court order that he schedule special elections to fill two legislative vacancies in no uncertain terms.

Walker has refused to call special elections to replace Rep. Keith Ripp and Sen. Frank Lasee, who resigned in December to join Walker’s administration. Current state law requires Walker to call special elections to fill vacancies that occur before early May of an election year but he has refused to schedule the contests. His administration said calling elections would confuse voters and amount to an unnecessary waste of tax dollars when regular elections are set for fall.

Dane County Circuit Judge Josann Reynolds ordered Walker last week to call for the two elections by Thursday. A DOJ request to delay that order was denied by another Dane County Judge Tuesday.

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On Wednesday, the DOJ, which is representing Walker, notified the 2nd District Court of Appeals that the agency would appeal.

Republicans are rushing a bill through the Legislature that would eliminate requirements that the governor promptly call special elections to fill legislative vacancies.

Editor’s note: This story was updated at 2:40 p.m. to include the state appeals court’s decision.