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The Race for Wisconsin Attorney General

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The Race for Wisconsin Attorney General APOLITICAL MELODRAMA THE RACE FOR WISCONSIN ATTORNEY GENERAL JEFF MAYERS n a year when the The race for the governor’s race Wisconsin’s top cop I and the race for rarely has more sub- the open congression- plots than a TV crime al seat in northeastern show. But the 2006 Wisconsin are captur- version qualifies as a ing national attention, genuine melodrama you wouldn’t think and exhibits more the political class intrigue than the tur- would care about a lit- moil three decades tle ol’ attorney gener- ago when Robert al’s race. Warren resigned the job in 1974 to take a But they do. federal judge appoint- A simple mathe- ment. matical formula Let’s introduce explains. One very the players in the cur- vulnerable incumbent rent political drama. equals three chal- lengers—all declared and running full-fledged Democrats campaigns even before winter weather The Calculating Governor: First-term enveloped Wisconsin. Democratic incumbent Jim Doyle has clashed Making it more interesting is the thinking with the current AG, Peg Lautenschlager, and that the attorney general’s race could affect the so activists speculated early on that Doyle outcome of the governor’s race. Giving it polit- would seek a primary challenger to her or try to ical heft is the Republicans’ concerted quest to force her out of the race. While they perceive capture the attorney general’s (AG) office for him to have a poor record when getting the first time since Green Bay’s Don Hanaway involved in primaries, strategists said there was captured it for only one term in 1986. And good reason for the governor to encourage a dif- making it absolutely compelling is the fact that ferent Democratic attorney general candidate. the current incumbent governor seeking re- A losing attorney general candidate could election, Jim Doyle, is a former son-of-a-feder- hurt him in the general election but a strong al-judge attorney general who has an apparent candidate —especially a strong liberal female favorite in the Democratic primary. Doyle, by candidate from the right area—could maxi- the way, is the guy who beat Hanaway in 1990 to establish the Democrats’ latest domination Jeff Mayers is the president of WisPolitics.com, WisOpinion.com and WisBusiness.com, Web-based news ser- of the office. vices in Madison. Wisconsin Interest 1 mize the Democratic votes he needs in the The Cool Challenger: Kathleen Falk is the Democrat-rich counties of Milwaukee and Dane County executive. She used to be one of Dane to win, strategists said. the state Department of Justice’s public inter- venors, positions so hated by conservatives The Vulnerable Incumbent: First-term that Governor Tommy Thompson and Democratic incumbent Peg Lautenschlager, a Republicans eliminated them in the mid-1990s. former U.S. attorney in Madison under Bill But oddly, Thompson, many in his clan, and Clinton, ran for the office four years ago. She some Republicans got to like Falk because she became the Democratic nominee by default reached truces with the development crowd on when Brian Burke, the front-runner and state contentious issues like the expansion of senator from Milwaukee, became the first big- Highway 12 between Madison and the time politician charged in what has become Wisconsin Dells. known as the “caucus scandal.” Burke late last year was sentenced to a jail term and fined She ran for governor in 2002, but lost in the after a plea deal with prosecutors. primary to Doyle. Her third-place finish— behind Doyle and then-Congressman Tom In November 2002, Lautenschlager beat by Barrett—didn’t seem to tarnish her much. a whisker then-Outagamie County District Attorney Vince Biskupic (brother of She gained such bipartisan stature that in Milwaukee U.S. Attorney Steven) after April 2005 she won re-election to another four- Biskupic ended the campaign with getting bad year term without opposition and joined Doyle editorials because he wouldn’t release records on some of his initiatives, helping the camps of concerning what later became a full-blown the one-time rivals to get along. controversy—making secret deals under Politico pros also noted that Falk kept which people would avoid criminal charges by fundraising throughout her non-competitive paying into a “crime prevention fund.” race for re-election. Lautenschlager went on to clash with Obviously something was up. County offi- Doyle over his raiding her Department of cials don’t raise money for the heck of it. The Justice (DOJ) staff and his dalliance with speculation continued, Falk calculated her Republicans on the so-called Jobs Creation Act, strategy, and a group of Assembly Democrats, which became law over her objections. usually the most loyal to Doyle, finally encour- Then came that night in February 2004, aged her to run in a public way. That spurred when the state’s top cop drove drunk. Video loud and public opposition from top state was captured and played on the nightly news. employee union chiefs. In an extraordinary A tearful press conference followed. Then and scathing letter AFSCME Council 24 offi- troubles with her use of a state car. A State cials Marty Beil and Bob McLinn blasted Ethics Board fine capped months of bad pub- Assembly Minority Leader Jim Kreuser for licity. Doyle appeared to offer scolds, not sup- signing on to the Falk petition. Their letter port. And finally, breast cancer, successful read: treatment, and a heightened reputation as a Is your own house in such good order that “fighter” for environmental protection and lib- you can spend precious energy throwing eral causes, embracing the “activist AG” label. rocks at your neighbor’s, which is home to She also was seen bolstering her standing in a leader who has a clear vision of what it the north and west with her successful person- means to fight—against all odds—for al prosecution of a nationally-covered case, the what is right? Are you embarrassed by her Chai Vang deer-hunter-murder trial. She pre- courage in overcoming cancer while show- pared for re-election determined to show ing more energy for the fight than your Doyle and her detractors that she could win. entire toothless caucus combined? 2 Winter 2006 Nonetheless, Falk on November 7, 2005, Van Hollen, son of a former lawmaker, declared that she would challenge won the unscientific WisPolitics.com straw Lautenschlager—evoking strains of sympathy poll at the state GOP convention in 2005 by a and anger from the liberal Democratic fold. wide margin and showed surprising strength for a candidate with no real base, according to That wasn’t the only flack she encountered. scientific WisPolitics.com polling done in At her Madison announcement, she was asked October. by a reporter whether she ever has driven drunk, Falk seemed momentarily caught off The Intense Prosecutor: Paul Bucher is the guard. “I don’t know,” she answered quietly. marathon-running 20-year vet of the Waukesha County district attorney’s office. “You don’t know?” asked a reporter. Bucher has toyed with the race before, “You don’t know if you’ve ever driven only to pull back to the safe job. drunk?” asked another. But now he’s running full bore as the Falk then answered evenly, “I've never tough-on-crime candidate who has one of the been impaired while driving.” richest Republican bases It was a bumpy take- in the state. off, but those on board the These two candidates Falk Express declared she met in early December in would prevail through bet- If Falk wins, she sets a WisPolitics.com debate ter organization and in Madison. They dis- fundraising and the back- herself up to run for cussed issues ranging ing of the Democratic from concealed carry of establishment. But early governor in 2010. If she weapons to the meth reviews by political insid- drug problem. They ers in late fall were uneven loses, politicos say her rarely differed on the because of career likely will be rhetoric, but their styles Lautenschlager’s early and backgrounds provid- domination of union kaput. ed a lot of contrast. endorsements and Falk’s slowness to quickly expand • Both said they were her campaign structure. confident that the con- cealed carry bill would It was a huge political gamble. If Falk pass constitutional muster. wins, she sets herself up to run for governor in 2010. If she loses, politicos say her career likely Van Hollen said: will be kaput. The issue that needs to be addressed, more One key indicator wasn’t available by importantly, is how involved government press time: the 2005 campaign fundraising should be in our lives when there hasn’t reports. been a necessity shown for that. That’s why the concealed carry bill is so impor- Republicans tant. This bill will take the government out of our lives in an area where 46 other states The Nice-Guy Prosecutor: J.B. Van Hollen have shown it’s not necessary for the gov- has held two county district attorney positions ernment to be involved. in Ashland and Bayfield counties before becoming the U.S. attorney in Madison— Bucher agreed, adding, Lautenschlager’s old job. More importantly, it’s about time law- abiding citizens of this state should no Wisconsin Interest 3 4 Winter 2006 POLLING RESULTS—OCTOBER 2005 WisPolitics Poll Lautenschlager Van Hollen Undecided Falk Van Hollen Undecided Lautenschlager Bucher Undecided Falk Bucher Undecided Republican 9 61 39 9 49 42 7 65 28 4 63 33 Independent 27 29 44 33 13 54 28 29 43 32 17 51 Democrat 63 8 29 56 8 36 69 7 24 57 8 35 Total 33 33 34 35 21 44 35 32 33 33 27 40 Garin-Hart-Yang Poll Lautenschlager Van Hollen Undecided Falk Van Hollen Undecided Lautenschlager Bucher Undecided Falk Bucher Undecided Republican na na na na na na na na na na na na Independent 37 20 43 31 14 55 39 25 36 33 16 51 Democrat 81 2 17 69 2 29 83 5 12 70 2 28 Total 44 28 28 37 24 39 45 32 23 37 27 36 WisPolitics.com Poll: Surveyed 600 Wisconsin residents by telephone between Oct.
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