Fugitive Democrat Senators From Wisconsin Could Face Felony Charges

Let Slip The Dogs Of Law! – Anti-Idiotarian Rottweiler

As pleasant as it may be to contemplate His Majesty’s cold steel solution in About Wisconsin’s Teachers; below [and may I second Jaybear, Colonel of Imperial Ancient Artillery’s recommendation of pipes, add the possibility of a whiff of grape at the remnants, and note that I would be carrying my 1842 Dragoon Saber with 36 inches of steel] that is only part of the solution. We have the matter of the fugitive Democrat state senators who are trying to overturn the results of the election by fleeing the state to deny a quorum on Wisconsin’s Budget Repair Bill.

The media, as usual, are not telling the full story. Yes, absent the Democrats who ran away to the Rockford, Illinois Best Western Rockford Resort [Golf, Tennis, pools, and the on-site restaurant is a place called the “Tilted Kilt” which is the Best Western version of a Hooters. When old Democrat males visit Hooters, it is not misogynistic. It says so on the label.] they do not have a quorum for the Budget Repair Bill. But that is not quite everything.

If they can get 1 [one] Democrat into the chamber, they have a quorum for the BRB, and it can be voted on. And the Senate has issued a Call of the House mandating every senator attend. The Governor has reinforced that call by having the State Police searching for the fugitives. All well and good, but still not complete. The fugitives fled the TEA Party in Rockford and were last seen in Chicago. At least one has stated that they will not return for weeks. The crooks in Chicago will protect the crooks from Wisconsin, so that may be a roadblock.

But there is more than one path.

The quorum requirement that covers this bill is from Article VIII, Section 8 [Finance] of the Wisconsin State Constitution. Short form, for all bills having to do with money, the quorum is set at 3/5 of the Chamber. Fair enough. But …budget bills are the only bills that require a 3/5 quorum. All other business is governed by Article IV Section 7, which specifies a quorum for each House of the Legislature to be 50%+1.

Hold the Budget Repair Bill in abeyance until they have an Article VIII quorum. In parallel, start passing a simple one page bill that a) ends all collective bargaining for all government employees in Wisconsin, b) decertifies all public employee unions, and c) creates a joint House-Senate STUDY commission to determine how pay and benefits will be set for state employees. With no Democrats in the Senate, committee hearings should be somewhat quicker than usual. If they stay out of the Capitol, the bill can be passed handily. If any one of them shows up; they get grabbed, cuffed, and stuffed in their chair in chambers [perhaps not literally, but it is a wonderful thought], and the Budget Repair Bill is brought up for a vote.

Indeed, there are a number of bills that are not budgetary in nature that can be started and run through the Senate if they do not show up; bills that Patriots will love and which will make Democrat heads explode. How about proof of citizenship and residence to register to vote? State issued picture ID to cast a ballot? Requiring all candidates for Federal office to file notarized copies of original documents in advance to prove that they meet Constitutional requirements of the office to get on the ballot? How about closing party primaries, if they allow crossover voting now? How about the proposed Federal Constitutional Amendment that would allow 2/3 of the states to void any Federal statute or regulation? This could be fun, and it could be never-ending.

They either come back to the Capitol, or get their asses handed to them.

Further, Wisconsin does not have a Wisconsin Bureau of Investigation. Instead, they have a Criminal Investigation Division of the Department of Justice. Turn them loose on the fugitives, and see if any part of the cross-border hegira violated any fiscal statutes. Criminal charges would be lovely down the line.

And while we are talking about charges, I offer this, from Wisconsin’s Revised Statutes’ Criminal Code.

946.12 Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:

946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer’s or employee’s office or employment within the time or in the manner required by law; or

946.12(2)
(2) In the officer’s or employee’s capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer’s or employee’s lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer’s or employee’s official capacity; or

946.12(3)
(3) Whether by act of commission or omission, in the officer’s or employee’s capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer’s or employee’s office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or

946.12(4)
(4) In the officer’s or employee’s capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or

946.12(5)
(5) Under color of the officer’s or employee’s office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.

Either sections 1 or 3 could be the basis for charges against the Fugitive 14. A Class I [Capital letter not Roman numeral] Felony under Wisconsin state law is subject to up to 18 months in the penitentiary. And it does apply to members of the legislature, as 946.18 of the Criminal Code is “946.10-946.17 apply to all public officers”. No wiggle room.

File charges against the 14 legislators who are trying to void the results of the election under 946.12, and request their extradition from Illinois. May not work, but at the very least it will make it clear that this is a Democrat party-wide conspiracy.

Then there is the matter of whether they have abandoned their offices. There is no specific statute that covers the current circumstances, but there is one that covers declaring offices vacant. [17.03] And it has a clause [17.03(13)] that includes any other reason that statutes may declare. One can see a statute saying that legislators can be considered as having abandoned their offices if they absent themselves for more than a week during the regular session without permission of the presiding officer of their House. See the “never-ending fun” above. The remaining legislators can add a statute to that effect. If the 14 fugitives stay away a week after it is signed into law, then their seats are vacant. If a legislative seat is vacated during a term, under Article IV, Section 14 of the Constitution the Governor issues a special writ of election to fill the term.

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