The special election to replace outgoing U.S. Rep. Sean Duffy, R-WI, will likely be pushed back several months.
Gov. Tony Evers originally announced January 27, 2020 as the election date last week. However, with mounting pressure from advocacy groups and political opponents, the governor plans to take the unusual step of changing the election date. Under the new plan, the election will likely be held sometime in April or May.
On Tuesday, Evers’ spokeswoman Melissa Baldauff described a tricky situation with moving the election. State and federal law conflict with one another on the area of expediency between the primary and general elections. Baldauff said the conflict created an "impossible situation" to set the primary date.
Evers plans to issue an executive order that would roll back the old election date and implement new primary and general dates. Evers is doing so in collaboration with the Wisconsin Department of Justice and the U.S. Department of Justice.
A few possible election dates have been floated seeking to merge elections for other offices. One situation has the primary on Feb. 4 and the general election April 7. This scenario would have voters filling the vacant seat on the same day as the Wisconsin presidential primary, state Supreme Court and local office elections.
The other date has a primary on Feb. 18, the same day as Wisconsin’s State Supreme Court primary. However, the general election would be on different days — with the vacant seat’s date set on May 5, according to the Milwaukee Journal Sentinel.
Candidates for Duffy’s seat have been outspoken on Evers’ handling of the special election. Among those who have announced their candidacy are state Sen. Tom Tiffany, R-Minocqua, Jason Church, an Afghanistan war veteran and former staffer to U.S. Sen. Ron Johnson, and Michael P. Opela Sr. of Edgar.
Tiffany expressed concern over the conflict between federal and state primary election laws Baldauff had referenced.
Under state law, general elections must take place 28 days after the primaries — but under federal the gap is 45 days. The federal law was instituted in 2009, meaning Wisconsin has not had to deal with the discrepancy as they have not had to hold a special election for a federal seat in that time. The federal law allows extended time for those in the military to cast their votes.
“It is imperative that all military and overseas voters have the opportunity to vote," Tiffany said in a statement. "I am prepared to earn the voters’ trust regardless of the election date."
Church additionally spoke out on the matter, but with a different tone.
“Governor Evers’ political motivations have resulted in chaos and uncertainty for voters in Northern Wisconsin,” Church said in a statement. “I look forward to continuing a conversation with the people of the 7th Congressional District and earning their support."
Evers calling the special election may remind Wisconsin voters of former Gov. Scott Walker’s battles with special elections in the state.
In early 2018, Walker did not call for special elections for two seats left vacant by former state legislators who had taken positions in his administration. Walker was later forced into calling special elections by the judicial system.
No Democrats have announced their candidacy for the seat as of yet. In 2012, Mitt Romney won the district with only 51 percent of the vote compared to Trump’s 57 to 37 percent victory in the 7th district over Hillary Clinton in 2016.
