STATE OF WISCONSIN BEFORE THE GOVERNMENT ACCOUNTABILITY BOARD IN RE PETITION TO RECALL SENATOR MOULTON WGAB ID# 0600019 OF THE 23 rd SENATE DISTRICT WRITTEN CHALLENGE OF SENATOR TERRY MOULTON STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) TERRY MOULTON, being first duly sworn, states as follows: 1. I am an adult resident of the City of Chippewa Falls, Wisconsin and have been duly elected by the electors of the 23 rd Senate District to represent said District in the Wisconsin State Senate. 2. On January 26, 2012, I received from the Government Accountability Board a copy of a recall petition receipt relating to a recall petition that was offered for filing on January 17, 2012 (the Recall Petition ). The receipt indicated the Recall Petition includes approximately 5,000 separate pages and purports to include approximately 21,000 signatures. 3. As the officer against whom the Recall Petition was filed, I am filing this written challenge to the sufficiency of the Recall Petition pursuant to Wis. Stat. 9.10(3)(b). 4. On November 17, 2011 at 10:00 a.m., John Kidd filed with the Government Accountability Board a registration statement for a recall committee named Committee to Recall Moulton (the Recall Committee ) and attached to that registration a Statement of Intent to Circulate Recall Petition, by which Mr. Kidd stated his intention to circulate a petition to recall me as the State Senator for District 23.
5. On information and belief, which is supported by the Affidavit of Daniel Romportl, attached hereto, 1,177 individual signatures on the Recall Petition are dated November 17, 2011. Those signatures provide no evidence that they were affixed to the Recall Petition subsequent to 10:00 a.m., the time Mr. Kidd registered the Recall Committee with the Government Accountability Board. Accordingly, those 1,177 signatories signed the Recall Petition outside the circulation period and pursuant to Wis. Stat. 9.10(2)(e)2., these signatures may not be counted. 6. On information and belief, the Recall Petition includes the following irregularities, which are supported by the Affidavit of Daniel Romportl: a. The Recall Petition includes 20,836 individual signature lines on which information was written and not stricken by the Recall Committee prior to offering the Recall Petition for filing. b. At least 2,978 signatures were dated on November 15, 2011 or November 16, 2011, outside of the circulation period as referenced in paragraph 4. Pursuant to Wis. Stat. 9.10(2)(e)2., these signatures may not be counted. c. At least 95 signatories to the Recall Petition did not date their signatures. Pursuant to Wis. Stat. 9.10(2)(e)1., these signatures may not be counted. d. At least 22 signatories signed the Recall Petition outside the circulation period. Pursuant to Wis. Stat. 9.10(2)(e)2., these signatures may not be counted. e. At least 117 signatories signed the Recall Petition subsequent to the respective circulator s certification. Pursuant to Wis. Stat. 9.10(2)(e)3., these signatures may not be counted. 2
f. The residency of at least 160 signatories to the Recall Petition cannot be determined by the address and/or municipality given, or due to the lack of including an address and/or municipality. Pursuant to Wis. Stat. 9.10(2)(e)4., these signatures may not be counted. g. At least 6,261 signatories to the Recall Petition reside outside of the 23 rd Senate District. Pursuant to Wis. Stat. 9.10(2)(e)5., these signatures may not be counted. h. At least 589 signatories to the Recall Petition reside outside of the territory that formerly comprised the 23 rd Senate District pursuant to the Federal Court Redistricting Decision dated May 22, 2002. Pursuant to Wis. Stat. 9.10(2)(e)5., these signatures may not be counted. i. At least 6 signatories are not qualified electors, as their names appear on the Ineligible Voter List provided by the Government Accountability Board. Pursuant to Wis. Stat. 9.10(2)(e)8., these signatures may not be counted. j. At least 265 signatories signed the Recall Petition two or more times. Pursuant to Wis. Stat. 9.10(2)(i), these duplicate signatures may not be counted. k. At least 206 signatures were affected by improper petition certification by the circulator. Pursuant to Wis. Stat. 8.40(2) and 9.10(2)(em), these signatures may not be counted. l. At least 94 signatories did not sign the Recall Petition. m. At least 125 signatures may not be counted because multiple signatures appear in the same handwriting. Pursuant to Wis. Stat. 9.10(2)(e)1., (e)4. and (j), these signatures may not be counted. 3
n. At least 12 miscellaneous insufficiencies were identified throughout the inspection process. 7. Given the above-referenced insufficiencies, there is reason to believe that additional evidence of irregularities regarding the signatures on the Recall Petition will be discovered and the Government Accountability Board should conduct a thorough review of the Recall Petition as required under Wis. Stat. 9.10(3)(b). 8. On information and belief, two 501(c)(4) organizations, Wisconsin GrandSons of Liberty and We the People of the Republic (collectively, Verify the Recall ), cooperated to organize and conduct a joint effort to verify the signatures on the Recall Petition (the Citizen Verification Process ), which effort included the assistance of as many as 13,000 volunteers. 9. During the February 7, 2012 meeting of the Government Accountability Board, the Board s Public Information Officer, Reid Magney, informed the Board that Board staff has been referring to Verify the Recall those individuals who contact the Board with information that their names were improperly affixed to the Recall Petition or with other concerns about the validity of the Recall Petition. 10. On information and belief, Verify the Recall believes existing campaign finance laws prohibit the respective organizations from directly providing me the results of the Citizen Verification Process or otherwise coordinating the Citizen Verification Process with me. Consequently, Board staff has been suggesting that individuals report issues with the Recall Petition to an organization that cannot share that information directly with me. 11. On information and belief, Verify the Recall will be making the results of the Citizen Verification Process publicly available on the same day this written challenge must be filed with the Government Accountability Board, February 9, 2012. 4
12. I hereby incorporate into this challenge, as if fully set forth herein, the results of the Citizen Verification Process, to the extent those results reveal additional valid grounds for challenging the sufficiency of the Recall Petition. 13. For the foregoing reasons, the Recall Petition fails to meet the mandatory standards outlined in Wis. Stat. 9.10 and is insufficient. 5
I, Terry Moulton, being first duly sworn upon oath, state that I personally read the above written challenge and that the above allegations are true and correct based on my personal knowledge and, as to those allegations stated on information and belief, I believe them to be true. Dated this day of February, 2012. Subscribed and sworn to before me this day of February, 2012. Terry Moulton Notary Public, State of Wisconsin My Commission: 021381-0005\10968739.1 6