GAB Director Kennedy Says Law Prohibits Him From Commenting on Walker Defense Fund

After today’s Government Accountability Board meeting to discuss certification of six recall campaigns against Republican Senators Fitzgerald, Galloway, Moulton and Wanggaard and Governor Scott Walker and his Lieutenant, Rebecca Kleefisch, I asked Director Kevin Kennedy about the John Doe investigation allegedly centering around Scott Walker’s 2010 campaign for Governor.

Kevin Kennedy, GAB Director: "No comment."

Per Chapter 11.64 of the Wisconsin Statutes, “Any candidate or public official who is being investigated for, charged with or convicted of a criminal violation of this chapter or ch. 12, or whose agent is so investigated, charged or convicted, may establish a defense fund for expenditures supporting or defending the candidate or agent, or any dependent of the candidate or agent, while that person is being investigated for, or while the person is charged with or convicted of a criminal violation of this chapter or ch. 12.”

Specifically, I asked Kennedy if the Walker campaign had informed the GAB of an investigation against him, given the news that broke last week of the establishment of a legal defense fund for Walker.  Kennedy responded tersely that “the law prohibits” him from answering that question.

I followed up with a question about whether or not GAB had a process in place to distinguish campaign contributions from defense fund contributions, according to Subsection (2) of chapter 11.64. That section states, “No person may utilize a contribution received from a contributor to a campaign fund for a purpose for which a defense fund is authorized under sub. (1) unless the authorization of the contributor is obtained. Notwithstanding s. 11.25 (2) (a), any contributor may authorize the transfer of all or part of a contribution from a campaign fund to a defense fund.”

He told me he could not comment on that process based on legal advice he had been given. GAB member Judge Nichol also declined to comment.

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4 Comments on “GAB Director Kennedy Says Law Prohibits Him From Commenting on Walker Defense Fund”

  1. John Foust March 12, 2012 at 2:17 pm #

    Good question, thank you! We need to understand the definition of “agent” in 11.64 and it would be good to know what paperwork had to be filed (that we the public can see) that would determine why Walker was able to create the fund. Who are his “agents” if it’s not Walker himself under investigation? If he’d defending an agent, who was considered his agent or dependent?

  2. Mitch March 12, 2012 at 4:04 pm #

    They are probably declining to comment because the GAB may have to rule on questions relating to the Walker defense fund.

Trackbacks/Pingbacks

  1. Ear to the rail – The Indictment Train is a’Comin - March 13, 2012

    […] Just yesterday Kennedy was asked if the Walker campaign had informed the GAB of an investigation against him, given the news that broke last week of the establishment of a legal defense fund for Walker. Kennedy gave a rather surprising answer “the law prohibits” him from answering that question. Wisconsin Media Co Op – Video and story. […]

  2. Scott Walker: “It’s one of those where…” | mjmadisonwi - March 21, 2012

    […] to him under the law if he is under investigation, indicted or convicted of election law violations. Kevin Kennedy, Director of the Government Accountability Board, has stated that the law prohibits h… Share this:TwitterFacebookLike this:LikeBe the first to like this post. This entry was posted in […]

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