Judge Richard Niess upheld the State Elections Board ruling that orders U.S. Rep. Mark Green, R-Green Bay, to return more than $467,000 in illegal contributions. Additionally, the Wisconsin Democracy Campaign, a campaign finance watchdog group, said Green could face further investigation into more unlawful funding.
Mike McCabe, the executive director of the group who originally filed the finance complaint against Green, said because Green has chosen to challenge the election board ruling and not return the $467,000, said, ""He has opened a real can of worms.""
During the court proceedings, McCabe said evidence suggested a federal law was also violated making almost all of the $1.3 million Green transferred illegal instead of the $467,000 deemed illegal by the state. If the Federal Elections Committee decides to investigate Green, McCabe said all of the money is legally suspect except for $43,128.
Despite McCabe's claims, Green's team said they will appeal the court's decision immediately.
According to his attorney, Don Millis, Green will take his case to the Wisconsin Supreme Court and hopes the decision will be made before the election.
Mills said until the Supreme Court rules, the Green campaign will put the $467,000 aside in account where it will not be spent.
In recent weeks, controversy has surrounded the board, which Green's defense claimed made partisan and inconsistent rulings on political action committee money.
The defense pointed to the board's decision to allow Democrat and current Milwaukee Mayor Tom Barrett to transfer funds from his federal account to his state account while running for governor in 2002.
Niess, a judge appointed by current Gov. Jim Doyle, said though the Green defense ""raise[s] some serious and legitimate questions"" about the circumstances surrounding the decision, Green could not demonstrate ""irreparable injury"" or ""reasonable probability of ultimate success"" in his case.
""The bottom line is that the Elections Board reached the correct result regardless of the infirmities, if any, in the process,"" Niess said.
Mark Green's spokesperson Luke Punzenberger said Green has followed every rule and Doyle's campaign is unfairly targeting Green.
""Jim Doyle and his allies used a state agency to orchestrate an attack on Mark Green, in order to divert attention from the governor's records of high taxes, lost jobs and the on-going criminal investigation into his administration.""
McCabe said though the board's rulings have varied irregularly, their ruling is not illegitimate.
""What the judge clearly said is that whether the State Elections Board has not consistently done its job in the past doesn't change the reality of the law,"" McCabe said.
