A roll of "I voted" stickers is ready for voters at Union Congregational Church in Green Bay during the spring primary election Feb. 15, 2022. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) — Things became heated at Green Bay City Hall Tuesday evening as the city attorney looks to retain outside legal help ahead of the upcoming elections.
Joanne Bungert, Green Bay’s city attorney, contends the time is now to prepare for potential election litigation. However, some council members are concerned the city is headed down what they call a familiar path.
On a 7-4 vote, the city council approved retaining outside legal counsel related to the upcoming elections. The concerned council members are worried about which firms the city attorney will choose and the message that will be sent to the public.
The city faced countless accusations and seven complaints and lawsuits, according to city officials, into how the city administered the 2020 presidential election. No charges were ever filed against the city.
Overwhelmed with election-related litigation after that election and already down one assistant city attorney, Bungert says she’s trying to be proactive ahead of what could be coming in the next few months.
“This is basically additional assistance for my office,” said Bungert. “I ultimately am still responsible for all legal decisions that are made on behalf of the city.”
Ald. Chris Wery replied to Bungert: “Thank you, but it is help for you to help the clerk in election matters. It’s an election matter.”
“Not help, I don’t help her do the election,” Bungert responded to Wery.
Wery is concerned about Bungert’s desire to retain Law Forward, States United Democracy Center, and Stafford Rosenbaum to provide consultation and support on election matters. Those same firms represented the city when it dealt with the mountain of legal matters in the aftermath of the 2020 election.
In a letter to council members telling them to vote against Bungert’s request, an attorney representing the Republican National Committee writes those firms “have a lengthy history representing the Democratic Party, left-leaning organizations, and/or left-leaning causes.”
“We have a history here,” said Ald. Jen Grant. “We’ve been in the headlines nationally and locally and we have an opportunity right now to go into this election neutral and I don’t believe us choosing these firms that are publicly known as partisan…how are you we telling our residents to believe in this election if we’re going to start it out this way?”
“We went through the Gableman investigation,” said city council vice president Bill Galvin. “We went through I don’t know how many investigations on the legislative level. The city has endured requests for thousands upon thousands upon thousands of copies of paperwork that people have gone through with a fine-tooth comb and out of all that, all that trouble, all that cost to taxpayers, not one legitimate complaint or even ability to take one charge against the city.”
Bungert pointed out she can retain outside help without council approval but wanted to because of the importance of elections and the possibility of eventually needing money. She says two of the firms have offered their services free of charge, but Stafford and Rosenbaum carries $100 to $300 per hour rates.
“Free legal help from a partisan group and who funds them is a concern,” said Wery. “You can talk it down all you want. We’ve gone down this path before. I’m not going to.”
“I go purely based on expertise, cost, and whether that firm is best suited to represent the needs of the city,” said Bungert. “Those are the only things I look at. Looking at anything else I think would be irresponsible professionally and ethically.”
Bungert told the council she would be willing to consider other firms if they can match the qualifications. However, she says time is a factor with the primary election less than two weeks away.
Law Forward sent the following statement:
Law Forward is a pro-democracy, nonpartisan nonprofit organization using impact litigation, the administrative process, and public education to protect and advance Wisconsin’s fundamental democratic principles, and commitment to clean and open government. We don’t have further comment at this time.
In 2020, Green Bay accepted outside funding and help to administer the elections amid the coronavirus pandemic from a Mark Zuckerburg-funded group.
Since then, in April, 54% of Wisconsin voters supported a constitutional amendment to ban the use of private money to help administer elections.
Another amendment to limit who can work on elections was supported by 58% of voters.
Bungert says those changes do not impact this situation as attorneys provide guidance on election law and do not help administer elections.
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