Monday, September 25, 2006

Judge Denies Green Appeal of Elections Board Order

Dane County judge Richard Niess today denied Republican gubernatorial hopeful Mark Green's request for a temporary injunction preventing the state Elections Board from enforcing a ruling requiring him to dump nearly $468,000 in PAC contributions.

Niess wrote in his ruling, "The principal reasons for the Court's denial of Green's Motion for Temporary Injunction are that Green can demonstrate neither irreparable injury if the injunction does not issue nor a reasonable probability of ultimate success on the merits of its case."

Wisconsin statutes, Niess wrote, say that "Green must subject the donation from the federal campaign to the provisions of Wisconsin law governing 'contributions' to political campaigns. Thus ... it is simply unnecessary for this Court to enter the thorny procedural and constitutional thicket created by the Election Board's actions in promulgating the Emergency Rule and issuing its Order, let alone allow it to sidetrack the Court's decision on Green's Motion for Temporary Injunction. The bottom line is that the Elections Board reached the correct result, regardless of the infirmities, if any, in its process."

The campaign immediately announced it would put $467,844 into a separate account that will not be accessed until there is a final decision from the state Supreme Court.

Green's campaign is expecting to appeal the decision all the way to the state Supreme Court, according to a statement released after the ruling.

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