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March 17, 2011: The date Democratic Wisconsin state senators cease being residents of Wisconsin

By: RealQuiet (Diary)  |  February 27th, 2011 at 10:19 PM  | 

RESIZE: AAA

February 17th was the day that Democratic state senators left the state.  I had a conversation with a friend of mine whom is very well acquainted with law and rule in Wisconsin this afternoon.   I asked him how this will play out.  He states that this is really only the beginning.  Collective bargaining will be eliminated from public sector unions so the state can become solvent in the near and long-term future.  If you thought the screaming, antics, and shrillness of unions and the left up there were loud, wait until Walker rolls out his budget plan to shore up the $3.6 billion dollar deficit for the 2011-2013 fiscal years.  The cuts to union-friendly and other government programs are going to be massive.

He very interestingly pointed out that Democratic state senators will lose their residency in 30 days from the time they left the state as they have been citizens of Illinois since their walkout.  Now I’m no lawyer but I’m sure there are some lawyers, paralegals, and ordinary citizens whom love to research the law here at Redstate who could help to confirm this.  Also, although Wisconsin state troopers cannot arrest a senator, they can escort them to the capital to perform their duty and be present during a legislative session.  There is no way around this for the AWOL senators as there are no doubt police officers performing surveillance on senators’ homes and will escort any senator to the capital the moment he/she arrives back. If they allow their residency to lapse, Governor Walker can declare the seats vacant and appoint temporary replacements.  Filibuster by absence and being shadow senators only is a temporary delaying tactic to throw a tantrum and vainly hope that the majority of public opinion sides with them.  That apparently is not the case.

Public opinion is split 50/50 on this legislation so the Democrats and their union donors really have no leverage here.  The battle is all over unless any GOP state Senator turns or Scott Walker becomes Mitch Daniels.

Any input on this is surely welcome!

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  • KC

    Walker has so far been somewhat restrained in threatening the Dem fleebaggers with legal action.

    Now that he has the public clearly on his side (67% disapprove of Dems deserting) – it’s time to drop the hammer.

  • carolina

    Higher-up w/ AFL-CIO in Wisconsin confirms to me Wisc GOP Sen. Dale Schultz is not voting for walker bill.

    thinkprogress tweet at HuffPo

    I hope it is not true…….

    • http://moelane.com/ Moe Lane

      It’s all over.

      The Democrats can come back now. For reals. They got Dale Schultz. There’s nothing stopping them from returning triumphantly to the briar patch Capitol.

      I pinky-swear this to be true.

      • carolina

        Is this possibly a gambit to entice the dems back……. then get the vote done anyway?

        • http://moelane.com/ Moe Lane

          This was the actual tweet: note how the message changed rapidly.

          wisaflcio WI State AFL-CIO
          waiting for confirmation but word is Sen. Dale Schultz (R) is OPPOSING the bill

          But if the Democrats want to come back to WI anyway, they shouldn’t let me stop them.

          • KC

            Given the tweet came from the union, one has to wonder if it is a ploy to create an illusion of Repubs crumbling so as to rev up the anti-Walker protesters.

            I hope that’s the case.

          • http://moelane.com/ Moe Lane

            Bad info can spread just as quickly as good info can, even when it’s not in the best interests of the people doing the spreading. :)

          • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

            gets its pants on!

      • carolina

        Is this possibly a gambit to entice the dems back……. then get the vote done anyway?

    • psyop_hic

      but there is a place to post your repeated comments… Create a diary and post it.

    • RealQuiet

      Huffington Post, the AFL-CIO, Daily Kos, and Mother Jones are reporting this. If Schultz is voting against this, his political career is finished. I’m sure his constituents will be burning up his phone lines in the morning to find out if this is true or not, not to mention the calls from the governor’s office and the majority whip.

      • politicallydisgusted

        I’d consider the source and look elsewhere. Just sayin’…

    • jonrd364
    • bk

      Word get out that a few of the GOP members will vote against the bill, making it safe for the Dems to return. Then when they do so, these Republicans have a change of heart and vote for it.

      Nah, it couldn’t happen, could it?

      P.S. Why don’t we see more Blackadder/Baldrick references?

  • DONTREADONME

    very interesting if that turns out to be the statute or even regulation. Hopefully, someone can find something in the state’s statutes and regulations that can substantiate that claim.

  • flannery

    Most residency statutes rely, at least in part, on the intent of the person. Just being outside the state for 30 days would most likely not cause a loss of residency. Business trips, extended world tours, military deployment can all lead to more than 30 days out of state but will not result in loss of recidency. Does the person intend to remove themselves from the State and establish recidency elsewhere? That is the principal standard used to determine that Rahm Emanuel was a qualified resident of Chicago. I think that it would be very unlikely that any of the fleebaggers will lose Wisconsin residency just by staying out of state for more than 30 days.

    • RealQuiet
    • bk

      And usage of barf bags will peak on that day.

  • psyop_hic

    I’m not saying that I what those ways are, but to rescind their residency isn’t going to be a great to do it.

    Tactics like this are not going to help, neither will garnessing wages, or threatening to send the police after them, or calling them names. I think these are the last-resort, bottom-of-the-barrel, “letter of the law” kind of moves that won’t (and don’t) win people over.

    What would probably work is to win on the ideas. The proper audience here would be those voting residents of absent Democrat politicians. I believe that the recall option is the only legitimate way to make these rogue cowards come back to Wisconsin. The good people of Wisconsin are already rather peeved that there state legislator has not been able to get anything of substance passed, and they are also more than a little upset by all of the negative press their newly elected governor and representatives have garnered in the media. Should a recall be issued, the MSM will most certainly have a field day, and they will rue that day. Let the media call the voters of those districts fascists/racist/nazis/etc. Talk about stirring a hornets nest.

    • RealQuiet

      Public sentiment will turn on the AWOL Senators in a hurry. The GOP in Wisconsin must hold here. There is no longer any room for RINOs whom play both sides of the fence and kick the can down the road for future generations.

      • psyop_hic

        but I still believe the best way to resolve this is by recall. To the best of my knowledge, there is no 14th Amendment-like law in Wisconsin. That will definitely work – perhaps not 14 times, but all the Wisconsin Republicans need is one – whereas challenging residency, withhold paychecks, and affixing appropriate, non-offensive pseudonym will do nothing but embolden the Left.

        • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

          how much cash WI has on hand! But I agree that the recall is much better residency determination.

          But I really can’t imagine that at least one dem won’t cave before the above, or get caught sneaking into their home. They ought to stake out the 14 homes.

          • flannery

            Recalling a public official in WI takes about 140 days. Up to 60 days to file petition with 25% of voters in last Governor election. Up to 31 days to determine sufficiency of the petition, 10 days for objections for office holder, then if everything OK election on Tuesday of the 6th week.

            If the 25% is gathered quickly, it will be a shorter period. But almost 5 months before possible removal from office. If recalled then a special election to select a replacement will be scheduled.

      • KC

        Laying off the teachers may pose a risk for Walker.

        People don’t like seeing anybody lose their jobs, and layoffs could shift public sentiment to the teachers.

        Walker’s job would be to make a convincing case to the public that the layoffs were borne out of necessity – not as a political hammer to bust unions.

        That will be a tough sell in a climate where the majority of Americans don’t trust any level of Government.

        • psyop_hic

          Of course, Wisconsin is the (current) epicenter of media attention well, (there is that thing going on in Libya). However, I think that we could win on this if we have the right narrative. I don’t think that “You made me do it” is going to work either. Walker needs to take a Christie-esque approach to this and take this looming layoff head-on. He has to explain in clear, precise terms the events that have lead up to this moment, and then present the consequences of taking no action now vs. passing the budget bill.

          • http://908StraightSt.wordpress.com/ mbecker908

            And RI isn’t a decent comparison to anywhere but maybe Chicago.

          • http://908StraightSt.wordpress.com/ mbecker908

            Last year the state dept of ed ordered Central Fall HS to “pick one” from a list of four options. Their grad rate was like 43% v the state 75% and something like 93% of their students were performing below the state requirements. Been that way forever.

            The Supt sent out notices that all of the teachers were being replaced so they had a board meeting and teachers agreed to do some outside, unpaid tutoring – this coming from people who make an average of $76K in a town where the average Vinnie makes $22K. They agreed to some other meaningless stuff as well. The Supt rescinded the firings and all the teachers got raises.

            Today the school district- one year later – is announcing that CFHS has risen from the ashes and they’re a great school. Here’s the plan that passes for what “educators” consider a successful model:

            The percentage of students scoring proficient or above in math was 12 percent in 2010, but the 2011 target is 25 percent and the 2012 target is 40 percent. in reading, 65 percent of students were proficient or above in 2010, while the 2011 target is 75 percent and the 2012 target is 85 percent. The district committed to improving the school culture created a Parent-Teacher-Student Organization.

            Note: this is the “plan”. No report on actual performance so far.

            On a personal note let me add that teacher’s unions and unionized teachers suck.

          • http://908StraightSt.wordpress.com/ mbecker908

            Link to original story last year.

            Link to the district report this year.

          • bk

            And it’s a KnownFact that only Republicans can be heartless.

          • KC

            .

            “We’re broke.”

            Question is – will the public buy it?

        • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

          and either have been laid off, can’t find work or are worried about their job and they don’t have out of state yellers to come in and force the ball bearing plant to make a profit.

          I think the spoiled brats have lost the moral argument via their rude behavior on TV images. We are winning and I actually think its better for it to drag out and cement the new Dem Party branding.

        • congressworksforus

          They’re not employed by the State; they’re employed by the school districts.

          They’re certainly hit by the legislation, but Walker’s not issuing any pink slips to teachers any time soon.

    • KC

      The Senate Republicans have another powerful weapon to get the Dem deserters back to work.

      Prioritize all pending non-budget-related legislation in the order of most-hated by the Dems and their public supporters. Then proceed to hold votes to pass them.

      Unleash the wrath and fury of the *voters* on the deserters – and see how the Dems like a blowtorch pointed at them.

  • toothpick

    This should be the start of a string of victories, but the price the Left is exacting threatens to make it the last. They are playing their weak hand brilliantly.

    See this post for my rationale.
    http://www.redstate.com/toothpick/2011/02/27/think-we-are-winning-in-wisconsin-im-not-so-sure/

    • Bill S

      What are you doing about it?

  • sparkyva

    While I love to watch how this is developing, and how, just maybe we can have some brave governor develop a spine and do the job he was elected to do, I really can’t wait to see what the liberal democratic governor Jerry Brown is going to have to do to keep his state issuing paychecks and providing services. He is going to have to do something that will tick off his progressive friends. Will Brown indeed raise taxes as all of the progressives and media is calling for in Wisconsin? Or will he get a government bailout from the friendly government of China? That will be interesting…

    • bk