WI Assemblyman Steve Nass on Kerry Rally

10/27/2004

FOR IMMEDIATE RELEASE
FOR FURTHER INFORMATION CONTACT:
Rep. Steve Nass (608) 266-5715

NASS: This isn't about absentee voting; the city is offering early voting.

Representative Steve Nass (R-Whitewater) is asking both the staff of the State Elections Board and the Wisconsin Attorney General to immediately review the decision of the Madison City Clerk to offer extended office hours on October 28, 2004, for voting on the same day as a John Kerry rally just blocks from the city hall. The decision of the city clerk to offer extended office hours that day was the direct result of a request from the Kerry campaign to accommodate their efforts to allow rally participants to vote early.

"This is an outrageous perversion of Wisconsin's Absentee Voting Law. The City of Madison is basically allowing early voting by request of one campaign. Wisconsin law doesn't permit early voting; it permits voters that can't be at the polls on Election Day to still cast their votes," Nass said.

Nass noted these facts:

1.) The Deputy City Clerk confirmed to my staff that the Kerry campaign notified their office in advance of the rally and requested consideration of their efforts to assist rally participants to vote early that day.

2.) The City Clerk's Office orchestrated a meeting involving representatives of the Dane County Clerk's Office and the Mayor's Office to determine their response to the request of the Kerry campaign. Note: The Mayor of Madison has publicly endorsed John Kerry.

3.) The City Clerk's Office confirmed to my staff that they didn't seek advice from either the City Attorney's Office or the State Election Board regarding the request from the Kerry campaign or their decision to offer extended office hours for voting purposes on October 28, 2004.

4.) The City Clerk's Office hasn't offered extended weekday office hours to assist absentee voters on any other day during this election.

5.) Wisconsin's Absentee Voting Law specifically states that officials must "prevent overzealous solicitation of absent electors" and "prevent undue influence on an absent elector to vote for or against a candidate," (Wisconsin Statute 6.84 (1)).

"The Madison City Clerk has a legal and ethical obligation to avoid taking an action that knowingly assists or benefits one candidate. The fact that the clerk's office would consult with the Mayor's Office, but not the State Election Board or the City Attorney frankly raises serious questions on the reason for the extended office hours," Nass said.