On Wednesday, the Mark Green campaign claimed the state Elections Board ruling ordering the campaign to give back $467,844 in illegal donations is damaging his campaign in response to a petition filed by state Department of Justice lawyers.
The petition lists reasons why the Wisconsin Supreme Court should not hear Green's case.
In response, the Green campaign's petition said, ""Interfering with a candidate's ability to take his case to the voters, particularly just 60 days before the election, is a serious matter of great public significance.""
Green's response said changing state election laws retroactively before the gubernatorial election negatively impacts his campaign, in addition to public trust and confidence in election fairness and honesty.
According to the petition, ""The Board majority chilled Mark Green's right to speak to voters and changed the rules of the game just as the contestants neared the finish line. Only swift action by this Court can lift that chill in time to restore public confidence in this election.""
UW-Madison political science professor, Charles Franklin, said asking the state Supreme Court to ignore state election law this time because the law was misapplied last time [in the case of Tom Barrett], is not a very compelling legal argument.
""Wisconsin needs to clarify this law and apply it to all candidates in all races, rather than interpreting existing laws in different ways and different times,"" Franklin said.
Franklin believes the state Supreme Court will hear Green's case because its decision will affect an important ongoing election, in addition to the damage caused to the campaign by preventing Green from spending his money.
Deputy Spokesperson for Gov. Jim Doyle Anne Lupardus said, ""Congressman Green has lost on the merits of this case many times. He doesn't need the Supreme Court to know he's broken the law. It's time he divested his campaign of the money.""
A poll released on Wednesday by One Wisconsin Now, a non-partisan and independent progressive public policy advocacy organization, shows Doyle leading Green by six percent. OWN attributes Doyle's lead to his strong approval from moderate and Independent voters, women and seniors.
""Losing half a million dollars is certainly going to be detrimental to anyone's campaign,"" said Franklin.
In order for the state Supreme Court to hear Green's case, four of the seven justices must agree to review the case.
