Is Signing A Recall Petition Appropriate for Local Elected Officials?

In our politically-divided state, new and controversial colloquy has emerged from the effort to recall state officials.

Numerous media reports have detailed the signing of petitions by school and municipal elected officials, state judges, members of the district attorney's office, those seeking seats for local office and even members of news outlets.

In Shorewood, an examination of the Verify the Recall public database of those who signed the petition to recall Gov. Scott Walker reveals the names of School Board members Michael Mishlove and board Vice President Ruth Treisman as well as Trustees Michael Maher and Ellen Eckman. Eckman circulated the petition she signed.

But should it matter? When an official signs such a petition, does it affect the way he or she fulfills their duties?

In Wisconsin, the eye of the political storm is the debate over public employees' bargaining power for benefits and wages. Act 10, the formal name for Gov. Walker’s budget repair bill, was arguably the impetus of an effort to recall him from office through an election recently certified and . It has intensified partisan ideology on both sides.

Local officials have a role in how the controversial measure — which curtails most collective bargaining rights for represented public employees — is implemented and used locally.

While Act 10 was in committee, and unanimously approved drafting letters asking Republican state lawmakers Sen. Alberta Darling of River Hills and Rep. Robin Vos of Racine to shoot down the provision as it was being discussed in the Legislature’s Joint Committee on Finance.

Local officials say even if they oppose Act 10, they still follow the mandate and act in the best interest of their constituents.

But the question remains — should local officials holding nonpartisan offices and seats refrain from participating in the recall process, or be allowed as public citizens? Do voters have the right to know which side of the table they are on? Should local officials be required to disclose the fact that they have signed a petition?

What Shorewood officials had to say

Maher said he didn't believe he should be required to disclose why he signed the petition or the fact that he signed, since as a citizen, he doesn't have to disclose why he voted for a particular candidate in an election.

"As an elected trustee, I don't believe I lose the right to exercise my first-amendment rights," Maher said.

Other officials also compared signing a petition to casting a ballot: both involve participating in democracy and exercising free-speech rights. However, one clear difference is that circulated petitions are public record whereas a person's voting ballot is protected and guarded.

Maher added that signing his name on a petition in no way changes how he serves his constituents. Even though whom he voted for isn't a matter of public record, and the petitions are, he said he still should be able to exercise that civic right.

Eckman echoed Maher’s comments, saying it’s a constitutional right to be able to petition the government.

“I don’t give up my rights to free speech as an elected official,” she said.

She said there are a lot of reasons she opposes the governor outside of Act 10, including his stance on funding of education, Badgercare and high-speed rail.

Eckman said voters should be more worried about prior to the gubernatorial general election this summer than who signed the recall petition on their local boards and councils.

“If my neighbor has a different view than me on what’s going on in the state, I respect that,” she said. “Wisconsin is a lot more progressive than that, at least I’d hope so."

With that said, Shorewood has still followed the new law, she added.

The implementation of Act 10 was pushed back with a legal challenge, but at the time was just days from being published when the . Officials said they weren't trying to beat the clock, but it was just time for a new deal to be drawn up.

On the School Board side, Mishlove said he feels local officials signing recall petitions is a non-issue. He has both signed the petition and been a loud voice against the budget repair bill, but said he always makes decisions in the best interest of his constituency.

Mishlove said he is asked to weigh in on a plethora of complex issues, and his stance on one issue or mandate doesn't hinder the way he approaches his duties.

"I would hope that everyone understands that the issues that come before any elected official are so multi-faceted, that if any government official, no matter where they stand on any one particular issue, were to let that drive their vote, they shouldn’t be in office in my opinion," he said.

Treisman did not respond to a series of phone messages requesting comment.