Darling Undecided on Court Challenge, Lawyer Says

Republican State Sen. Alberta Darling has not decided whether she will file a court challenge of the , said Eric McLeod, a lawyer representing the GOP.

"Ultimately that is a decision for Sen. Darling and to the best of my knowledge she's not made that decision," McLeod said.

McLeod said he does not have a specific problem with how the GAB processed the challenges to the Darling recall petitions. Their concerns are focused on allegations that some of those who circulated the petitions were not properly registered and did not follow the rules.

According to court documents filed Wednesday, those petitioning to recall Darling needed 20,343 signatures and offered 27,277. The GAB verified 22,243 of the signatures, less than verified by staff.

The challenges to the recall petitions filed by Darling and three Democratic senators were the only ones that had the potential to bring the verified signature total below the amount required to certify the sufficiency of the recall petitions, according to the GAB.

The board also verified recall petitions against five other Republican senators and a tentative date of  July 12 has been set for the recall election. However, the GAB staff has not completed its work verifying petitions against three Democratic senators — Robert Wirch of Pleasant Prairie, Jim Hoperin of Eagle River and Dave Hansen of Green Bay.

On Friday, lawyers for the GAB will ask Dane County Circuit Judge John W. Markson for an extension of their deadline to June 10, the second extension requested.

McLeod said he would challenge the deadline and ask the court to immediately certify the petitions against the Democrats.

"It's really a motion for forgiveness, not one for an extension. They have already violated the court's order (by not finishing the work)," he said.

McLeod said he did not question the assertion that GAB staff has been working long hours and through the holiday weekend. The fault, he said, is with the complaint filed by the Democrats trying to invalidate the signatures.

"The failure of the staff to complete their work on time means that the challengers failed to show by clear and convincing evidence that there was some defect with the petitions," McLeod said.

Although some have accused the GAB of partisanship in approving the petitions against six Republicans and delaying a decision against the Democrats, McLeod would not go that far.

"For me to do so would be purely speculative and I will not do so," McLeod said. "It is simply troubling that that is the way it has played out."

Gillian Morris, a spokeswoman for the Democrats, disputed the claim.

"The GAB is doing their due diligence to ensure these recalls are headed in a legal manner," Morris said. "Any response calling foul play is only an attempt to deflect attention from the mountains of evidence revealing massive amounts of election fraud (by the Republicans)."

The GAB said the delays have been the result of an unprecedented amount of extra work that goes beyond the recall elections. The staff also dealt with a statewide recount of the Supreme Court, a special election in an Assembly district and work on implementing the recently adopted voter identification law. The GAB did not have additional staff and the Joint Finance Committee — co-chaired by Darling — has not approved funds for the overtime work done by staff.

The Republicans also complained that some of the recall petitions for Republicans were filed before some for Democrats. They should have been considered in the order received, he said.

It was not immediately clear whether the court action would affect the July 12 date for the recall election.