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Is Your Team Ready for Next Month’s Election?

The 2022 Wisconsin general election is November 8

Dan PetersonBy Daniel J. Peterson

As we emerge into the post-pandemic world of record-level inflation and new ways of doing business, ensuring bankers’ voices are heard is now more important than ever. This year’s general election is expected to be action packed and politically divided as many key seats are up for grabs throughout the state.

With the election quickly approaching, members of the WBA Government Relations team are hard at work advocating on behalf of the banking industry and the pro-banking candidates who support our initiatives. However, it is no secret that without the dedication of each of our members — including, but not limited to, the efforts of WBA’s Advocacy Officers from around the state — the achievements our Association continues to have in supporting the industry would not be possible.

As you and your team look ahead to November 8, it’s important to remain informed on the candidates running and what topics are being discussed.

In preparation for the statewide general election next month, the American Bankers Association (ABA) has created a Wisconsin-specific resource and toolkit for the use of bankers around the state. Whether you would like to see the candidates on your ballot, find your polling place, or track important upcoming dates — including the deadline to request your absentee ballot (the deadline is November 3, by the way) — this handy tool offers all the information you and your peers will need to stay up to date on Wisconsin’s election and the contested issues that may impact our industry.

In addition to staying educated this election season, it’s important for every Wisconsinite to be active. The easiest way to do this is by registering to vote and getting to the polls next month. While WBA staff and banker volunteers do excellent work at both the state and federal levels advocating on behalf of the banking industry, the single greatest factor as to whether or not pro-banking laws are enacted is whether pro-banking candidates are in office.

Whether voting in person or absentee (no excuse required) — it’s easy to do your part! Now’s the time to make a plan and mark your calendars for the betterment of the communities in which we live, work, and play.

Peterson is president and CEO of The Stephenson National Bank & Trust, Marinette, and the 2022–2023 WBA Chair.

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Wisconsinites Prepare for Upcoming General Election

How your bank can best engage with pro-banking candidates

By Lorenzo Cruz

This year, turnout for the August primary in Wisconsin hit over 25% — the best performance in 40 years. As over 690,000 voters cast their ballots in the hotly contested GOP gubernatorial primary and over 500,000 voters cast theirs in the Democratic U.S. Senate primary, Wisconsinites can expect lots of activity as we near this November’s primary election.

Gubernatorial Primary

In the GOP primary for governor, construction business magnate Tim Michels (R-WI) defeated former Lt. Gov. Rebecca Kleefisch (R-WI) to advance to the general election. The Trafalgar Group had the race at a statistical dead heat in their August statewide survey before the primary, however Michels won by a sizable number of votes and garnered 47% to Kleefisch’s 42% — a margin of victory exceeding 35,000 votes.

Michels won 62 of the 72 counties while Kleefisch significantly underperformed in southeastern Wisconsin, a key area where she needed to do well. Michels’ Trump endorsement, a $12M self-funded war chest, and an effective business outsider message proved too much to overcome for Kleefisch, endorsed by Pence and Walker. Michels will face incumbent Governor Tony Evers.

Kleefisch urged her supporters in the concession speech to get in the fight against Evers. Evers has portrayed Michels as part of the radical right, a divisive extremist, and a Trump fanatic on abortion, voting rights, gun safety, and public education.

Joining the governor’s ticket for lieutenant governor are state Sen. Roger Roth (R-Appleton) and state Rep. Sara Rodriguez (D-Milwaukee). Roth won 30% of the vote with state Sen. Patrick Testin being his closest challenger in a large primary. On the Democratic side, Rodriguez defeated Peng Her, Hmong Institute CEO, with 76% of the vote. Both candidates outspent their opponents and won by double-digit margins.

Gubernatorial Primary

In the GOP primary for governor, construction business magnate Tim Michels (R-WI) defeated former Lt. Gov. Rebecca Kleefisch (R-WI) to advance to the general election. The Trafalgar Group had the race at a statistical dead heat in their August statewide survey before the primary, however Michels won by a sizable number of votes and garnered 47% to Kleefisch’s 42% — a margin of victory exceeding 35,000 votes.

Michels won 62 of the 72 counties while Kleefisch significantly underperformed in southeastern Wisconsin, a key area where she needed to do well. Michels’ Trump endorsement, a $12M self-funded war chest, and an effective business outsider message proved too much to overcome for Kleefisch, endorsed by Pence and Walker. Michels will face incumbent Governor Tony Evers.

Kleefisch urged her supporters in the concession speech to get in the fight against Evers. Evers has portrayed Michels as part of the radical right, a divisive extremist, and a Trump fanatic on abortion, voting rights, gun safety, and public education.

Joining the governor’s ticket for lieutenant governor are state Sen. Roger Roth (R-Appleton) and state Rep. Sara Rodriguez (D-Milwaukee). Roth won 30% of the vote with state Sen. Patrick Testin being his closest challenger in a large primary. On the Democratic side, Rodriguez defeated Peng Her, Hmong Institute CEO, with 76% of the vote. Both candidates outspent their opponents and won by double-digit margins.

U.S. Senate Race

In the U.S. Senate race, Lt. Gov. Mandela Barnes (D-WI) secured the Democratic nomination with 78% of the vote after his top rivals bowed out of the race in an unprecedent move to align the Democratic voters behind him more than a week out from the primary.

Barnes will face incumbent U.S. Sen. Ron Johnson (R-WI) in a race that could determine majority control in the U.S. Senate. Johnson’s campaign looks to tie Barnes to some struggling national issues such as inflation, economy, crime, and education. On the other hand, Barnes will aim to link Johnson to extreme positions on education, abortion, taxes, and guns.

Notable Primary Race Results

  • Speaker Robin Vos (R-Rochester) defeated Trump-endorsed challenger Adam Steen (51% to 49%).
  • Senate Majority Leader Devin LeMahieu (R-Oostburg) captured 74% of the vote.
  • State Sen. Brad Pfaff (D-Onalaska) will face off against GOP military veteran Derrick Van Orden in the Third Congressional District.
  • Incumbent Attorney General Josh Kaul (D-WI) will take on GOP primary winner Eric Toney.
  • Republican nominee Amy Loudenbeck (R-Clinton) will battle long-time Secretary of State Doug LaFollette (D-WI).
  • Retired bank executive Jerry O’Connor (R-Fond du Lac) won in the 52nd Assembly district.
  • In three key contested GOP state Senate primaries, Rachel Cabral-Guevara (R-19), Jesse James (R-23), and Cory Tomczyk (R-29) came through victorious.

 

 

Make Your Voice Heard

With the primaries in the rear-view mirror, the winners turn their attention and resources to the fall general elections in November. The Cook Political Report considers Wisconsin one of four toss up states for the gubernatorial race. Democrats and Republicans are vying for the governor’s veto power and gaining or blocking super majorities in the legislature. Candidates, political parties, and outside groups are expected to spend hundreds of millions to win control of Congress, the governor’s office, attorney general, and the state legislature. It is critical that bankers continue to engage in the political process to support pro-banking and pro-business legislators.

The Wisconsin Bankers Association (WBA) urges the membership to continue to give to the PAC, conduit, or the issue advocacy fund. WBA has set an ambitious PAC/conduit fundraising goal of $300,000 by the end of the year. As of August, WBA members have contributed $151,000 to WBA’s advocacy efforts. Additionally, WBA staff donated over $12,000 during a two-week campaign.

We thank you for your continued generosity and eagerness to assist WBA in reaching its goal. If your bank has not already contributed, please consider doing so before the November general election. To learn more about WBA’s political funds, please visit wisbank.com/give or contact me.

Membership engagement remains an important advocacy priority as we continue through WBA’s fiscal year. By becoming involved with WBA’s Gold Triangle Club or naming an Advocacy Officer at your bank, you are one step closer to achieving WBA’s highest recognition for overall advocacy effort — Bankers Involved in Grassroots and Government (BIGG) Award. Membership-driven political activism is the most effective and vital tool to the success of our Association. Help WBA provide bankers a seat at the table and influence policy decisions impacting the banking industry in Wisconsin by raising our participation this year!

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Executive Letter: Reaching New Heights Through Advocacy

Rose Oswald PoelsBy Rose Oswald Poels

At the heart of the Wisconsin Bankers Association’s (WBA) mission is advocating on behalf of the Wisconsin’s banking industry. In the last year alone, WBA has taken action in combating credit card fees, increasing instances of elder fraud in our communities, legislation that would expand credit union powers, a looming recession, and so much more.

It’s no secret that WBA-member banks play a significant role in the support of our Association. Between political contributions that help further engage our legislators or by participating in Capitol Day, organizing a “Take Your Legislator to Work Day”, or testifying on a bill — the engagement shown by our membership has been paramount in advancing WBA’s efforts over the last 130 years.

I am also lucky to say that, in addition to the thousands of bankers throughout the state who engage with WBA, our Association is also made up of nearly 50 individuals who, like you, are sincerely dedicated to our state’s banking industry.

Earlier this month, WBA hosted its annual staff fundraiser in support of Wisbankpac and Alliance of Bankers for Wisconsin (ABW) — two critical methods of promoting advocacy for the Wisconsin banking industry. This timely event, in which the funds raised are used to help support pro-banking political candidates, welcomed staff donations (though participation was not required) by way of a specified contribution from payroll, a check made out to one of the funds, or the purchase of one or more Jeans Day stickers for a casual dress day at the office. All money raised directly aids in WBA’s advocacy efforts.

For their generosity, and to celebrate Wisconsin’s beloved county fair season, WBA hosted a fair-themed week of events. Ranging from a blue ribbon bake off to games and a cornhole competition, every staff person was able to participate in activities and win prizes.

I am proud to announce that our small but mighty staff was collectively able to crush our goal of $7,000 and raise over $12,350 this year. This amazing feat by our team highlights the commitment each WBA staff member has to the industry and our membership.

As we look ahead to the remainder of this calendar year, it is critical that all WBA-member banks continue to engage with our Government Relations team and take part in supporting our industry. In addition to making political contributions, banks should take a moment to ensure they remain on track to receive WBA’s Gold Triangle or Bankers Involved in Grassroots and Government (BIGG) Award.

The Gold Triangle Club, the highest level of fundraising recognition for banks, is awarded annually through contributions to ABW political conduit, Wisbankpac, or WBA’s issue advocacy fund. Corporate contributions as well as contributions from bank employees and directors count toward Gold Triangle status, and the amount to qualify ranges from $500 to $4,500 based on the size of the bank.

WBA’s BIGG Award expands beyond Gold Triangle fundraising to encompass grassroots advocacy engagement and serves as the Association’s highest level of recognition for overall advocacy. To learn more about how your bank can earn these prestigious awards, please contact Lorenzo Cruz, vice president – government relations, or me.

As I’ve stated in previous publications, the support and involvement of every member bank is critical to the continued success of our advocacy efforts. With the goal of raising $300,000 by the end of this year, it truly requires a team effort to keep our Association on target to continue surpassing our goals for the industry!

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Advocacy Update: Getting Involved This Election Season

By Lorenzo Cruz

When it comes to elections — Wisconsin is largely known to be a battleground state, and it’s no surprise that the upcoming 2022 election looks no different. WBA predicts Wisconsin to yet again take the national stage as Republicans and Democrats fight for control of the state legislature, the East Wing, and U.S. Congress.

What to Expect

The GOP anticipates a possible red wave which could lead to veto-proof super majorities and a recapturing of the governor’s office. Democrats, on the other hand, look to keep Governor Tony Evers in office and block super majorities in both state houses. There are currently 29 seats in the legislature up for grabs due to retirements or legislators pursuing other offices. Twenty-two seats are in the state Assembly and seven seats are in the state Senate.

With the state’s congressional and legislative district maps set after state and U.S. Supreme Court intervention, elected officials now shift their focus into full election mode. Nomination papers were submitted on June 1 by all candidates. Over a dozen incumbents drew challengers for the August 9 primary.

Whom to Watch

The only Democrat incumbent to draw a primary opponent is Secretary of State Doug La Follette who faces Alexia Sabor, chair of the Democratic Party of Dane County.

Nine total GOP members of the state Senate and state Assembly are confronting primary challenges which include Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Devin LeMahieu (R-Oostburg). Other state GOP incumbents contending with primary challengers include Senator Van Wanggaard (R-Racine), Rep. Joel Kitchens (RSturgeon Bay), Rep. Tyler August (R-Lake Geneva), Rep. Robert Brooks (R-Saukville), Rep. James Edming (R-Glen Flora), Rep. Treig Pronschinske (R-Mondovi), and Rep. Loren Oldenburg (R-Viroqua).

GOP challengers are campaigning on a variety of issues including, but not limited to: election integrity/reform, COVID-19 vaccine mandates, masking in schools, and incumbent leadership change.

On the federal side, U.S. GOP incumbents facing challenges in the August primary are Senator Ron Johnson (R-Oshkosh), Rep. Glenn Grothman (R-Glenbeulah), Rep. Tom Tiffany (RMinocqua), and Rep. Mike Gallagher (R-Green Bay). There is only one open seat without a primary or general election — Democrat Rep. John Brosthoff’s (D-Milwaukee).

Campaign strategists expect extraordinary amounts of political spending on state and federal races in Wisconsin. At a recent WisPolitics luncheon, GOP Party Chair Paul Farrow and Democratic Party Chair Ben Wikler agreed that Wisconsin could see record-breaking spending for campaigns from outside groups, campaigns, and both parties in the area of $700 million. The incredible volume of television, radio, print, and social media advertisements for state and federal campaigns will increase exponentially at a blistering pace over the next several months.

How to Participate

As always, the WBA Advocacy Team urges the members to be engaged in the political process. Our state and federal elected officials shape public policy by passing legislation or administrative rules which greatly impact the banking industry.

There are two ways bankers can help make a difference on the advocacy front. The first is become an Advocacy Officer. Currently, over 100 banks across the state have already designated Advocacy Officers, representing more than 50% of all WBA-member banks. These officers serve as another powerful and relevant voice that helps amplify WBA’s message and raise the visible presence of the banking industry back home in the legislative district or in Madison on Capitol Day. This fiscal year, WBA hopes to continue to grow our ranks upwards until we have 100% participation.

The second way is to contribute to Wisbankpac — WBA’s state political action committee — or to the Alliance of Bankers for Wisconsin (ABW) — WBA’s state conduit. As you very well know, campaigns are extremely expensive. These political contributions help defray campaign-related expenses and support pro-banking and pro-business candidates.

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Legal Q&A: Maintaining Campaign and Election-Related Accounts

By Scott Birrenkott

Q: Can a Customer Open a Campaign Finance Account?

A: Yes. Customers may seek to open campaign accounts, political action accounts, conduit funds, and other types of election-related accounts.

Because there is no list of specific documentation that banks must collect for such accounts, banks receiving requests to open these accounts will need to consider what should be collected based upon policy and procedure. As there can be many types of campaign and election-related accounts, there is no one-size-fits-all approach. Banks will need to have a conversation with their customers to better understand the nature of the account requested. This article will use a state-related campaign as an example to illustrate an approach bank might take.

State-related campaigns must follow Wisconsin campaign and election laws. For example, a customer might run for mayor, or sheriff, and seek an account to maintain their campaign funding. The documentation the customer might have, and what documentation the bank might collect from the customer depends upon how the customer is holding funds, making contributions, disbursements, and fundraising. For this reason, the bank should consider having a conversation with the customer to better understand the campaign and use that information to gather any supporting documentation for confirmation of those details.

Bankers might also consider familiarizing themselves with the election process. Particularly if these accounts become common. It is not necessary to become an expert on Wisconsin campaign finance law, but familiarization with the process will go a long way in facilitating easier conversations with customers, knowing the right questions to ask, and to better request relevant information to maintain the account. For example, restrictions or reporting requirements might apply, depending on the campaign. While such requirements are generally the duty of a campaign’s treasurer to follow, from a “know-your-customer” perspective it is worth the bank taking the time to understand these details.

An example account title for such an account would be: John Doe for Sheriff by Jane Doe as Treasurer.

The law of campaign finance is complex. Furthermore, a customer might seek to open an account different than that used in the example above (ex: PAC, conduit, or federal election). Based upon this complexity and variety, a financial institution should also consider seeking assistance from its legal counsel in opening and maintaining such accounts.

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U.S. Supreme Court Overturns State Supreme Court’s Redistricting Decision

By Lorenzo Cruz

Most political operatives prognosticated that the U.S. Supreme Court would not reverse the Wisconsin Supreme Court’s decision on the redistricting court case. In early March, the Wisconsin Supreme Court ruled on a 4–3 decision to adopt Governor Tony Evers’ legislative and congressional maps rather than use the GOP-controlled state Legislature’s version of the maps. 

The majority in the split state Supreme Court decision viewed the Governor’s configured maps as more closely aligned to the ‘least change’ approach, which was used to develop the existing legislative and congressional boundaries drawn a decade ago. The state Supreme Court decision was considered a victory for Democrats and a setback for the GOP.

The Governor’s maps had 55 GOP seats and 44 Dem seats in the State Assembly and 20 GOP seats and 13 Dem seats in the State Senate. By contrast, the GOP maps had 64 Assembly GOP seats and 35 Dem seats and 22 Senate GOP seats and 12 Dem seats. Even under the Governor’s new maps, Democrats still had an arduous path to regaining majorities in both houses of the state Legislature.

In what many capitol observers considered a surprising move, the nation’s highest court in a 7–2 majority overturned the ruling and found that the state court erred in its application of the Voters Rights Act (VRA), which led to the creation of a seventh majority Black Assembly district. Currently, there are six majority Black districts on the map. The GOP-designed maps contained five majority Black districts. The U.S. Supreme Court also rejected the GOP’s request to overturn the Governor’s congressional maps. 

In the appeal, GOP lawmakers contended that Evers’ plan violated the U.S. Constitution Equal Protection Clause because it improperly applied the federal VRA when drawing seven majority Black Assembly districts in the Milwaukee area. The U.S. Supreme Court conservative block sided with the GOP position and sent the issue back to the state court. The Supreme Court’s reversal in the case meant more rounds of court activity around what the maps should look like.

The state Supreme Court’s decision could have brought resolution or more litigation at the federal court. In early April, Wisconsin was under a cloud of uncertainty and momentarily waiting in limbo on the maps. However, the judicial winds changed swiftly again in mid-April with the state Supreme Court in a 4–3 decision approving the GOP’s version of the legislative maps. With the elections looming in the fall and nomination papers set to circulate on April 15, the state Supreme Court acted decisively on the case. The Wisconsin Supreme Court found the Wisconsin Legislature’s maps complied with the Equal Protection Clause, along with all other applicable federal and state legal requirements. Furthermore, the state Supreme Court concluded the Legislature’s maps were race neutral and followed the ‘least change’ approach, which the state’s highest court adopted a decade ago.

WBA expected interested parties on both sides to fight vigorously and exhaust all avenues in the judicial process to secure legal, legislative, and congressional maps that support their desired political outcomes. Barring any more legal challenges, the state Supreme Court’s action brings closure to the redistricting court case in 2022.

The political stakes are extremely high with control of the U.S. Congress and state Legislature as well as Wisconsin’s Gubernatorial seat in play. The Badger State could again be a battleground
and a bellwether for the rest of the country for hotly contested races. Stay tuned for more political developments as the drama continues to unfold in the primary and general elections.

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U.S. Supreme Court Tosses Recently Adopted Wisconsin Redistricting Plan

By John Cronin

In a 7–2 decision released Wednesday afternoon, the U.S. Supreme Court reversed the decision the Wisconsin Supreme Court delivered three weeks ago on new state legislative district maps. The U.S. Supreme Court denied a similar request to overturn congressional boundaries set by the Wisconsin Supreme Court. A brief timeline:

  • November 11, 2021 – GOP-controlled Legislature passes new legislative and congressional maps
  • November 18, 2021 – Dem. Governor Tony Evers vetoes those maps
  • November 30, 2021 – Wisconsin Supreme Court sets “least change” approach to analyzing proposed maps parties submit to the Court
  • January 19, 2022 – Wisconsin Supreme Court oral arguments on redistricting case, proposed maps submitted by interested parties (Legislature, Governor, Wisconsin members of Congress, etc.)
  • March 3, 2022 – Wisconsin Supreme Court delivers a 4–3 ruling in favor of maps Gov. Evers submitted to the Court (Ziegler, R. Bradley, and Roggensack dissent)
  • March 7, 2022 – GOP-controlled Legislature appeals the Wisconsin Supreme Court ruling to the U.S. Supreme Court, arguing the Governor’s maps adopted by the Court were inconsistent with the Equal Protection Clause in the 14th Amendment of the U.S. Constitution. In question were seven districts fully or partially located in the City of Milwaukee.
  • March 23, 2022 – U.S. Supreme Court rules the Wisconsin Supreme Court erred in their application of Court decisions on the guarantee of equal protection and the Voting Rights Act. (7–2 decision, Justices Sotomayor and Kagan dissent)
What’s next?

The U.S. Supreme Court remanded the case back to the Wisconsin Supreme Court to either select a different map submission or reconsider the Governor’s maps in a manner consistent with the Court’s opinion today.

An April 15 deadline looms: this will be the first day legislative candidates may circulate nomination papers to get on the ballot for the Fall election.

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