Photo illustration: Getty Images
Is an innocent mistake enough to break the law? In the case of Glendale Mayor Bryan Kennedy and former state Sen. Jim Sullivan, the answer is yes. The Wisconsin Elections Commission (WEC) recently ruled enough signatures to be invalid for the upcoming race for Milwaukee County Executive to replace Chris Abele to put both Sullivan and Kennedy below the 2,000 valid signature minimum threshold.
On Monday, Jan. 27, the state Court of Appeals dealt the final blow to Sullivan’s and Kennedy’s hopes of appearing on the Tuesday, Feb. 18, primary ballot by denying their joint appeal. Both candidates had used a circulator by Urban Media to collect enough signatures for the upcoming election but failed to double check if the circulator had been used by any other candidate. While it seems like a small mistake, using a circulator to collect signatures for nomination papers that also collected signatures for another candidate for the same office in the same election violates Wisconsin state law.
During the trial, Kennedy argued that it was an “innocent error by a third-party vendor [Urban Media],” and that there was no ill intent, according to the WEC Decision and Order. His attorney also brought up other cases in history where the laws should be considered directory rather than mandatory—“directory” can mean the law would only apply on a case-by-case basis.
Kennedy may consider it an “innocent error,” but the law is mandatory for every candidate. The WEC made it clear that if they made this specific case directory instead of mandatory, it would “eliminate all rules governing the nomination paper process and would eliminate any certainty regarding what, if any, rules apply to the circulation process and govern review by filing officers.”
Unfortunately for the two fine candidates, we agree with the WEC. Many of the people submitting signatures are incumbents and, thereby, people with some power and influence. If there were room to negotiate, these are the individuals who know how to successfully negotiate. Enforcing the rules would deteriorate into a massive partisan political fight. Also, every candidate is given a chance to review their signatures before submitting them. If they remove any signatures before filing, there is no issue. If the candidate does not conduct this review, however, they’re accepting the risk that there could be mistakes with the signatures.
Hiring a third-party circulator to gather signatures is common, but the mistake of overlapping that service with another candidate could be avoided by gathering your own supporters to do this job. In this case, the candidates weren’t acting unethically but still broke the rules. The WEC admitted that this was a “harsh result,” but it was reasonable to abide by this law. In running for office, abiding by the law is necessary and a reasonable requirement.
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