Appeals Filed By Candidates Bryan Kennedy And Jim Sullivan To Remain On The Milwaukee County Executive Primary Spring Election Ballot 2020

Update: A three judge panel from the Wisconsin State of Appeals Court voted 3-0 to denied Kennedy and Sullivan's appeal to get back on the ballot for the Primary Spring Election 2020

Candidates Kennedy and Sullivan for Milwaukee County Executive had filed for a stay and to overturn the decision of Milwaukee County Circuit Court Judge Martens to keep them off the Primary Spring Election ballot 2020.

By H. Nelson Goodson

Hispanic News Network U.S.A.

January 27, 2020

Milwaukee, Wisconsin - On Monday, the Milwaukee County judicial decision by Circuit Court Judge Kevin E. Martens to keep both candidates Bryan Kennedy and Jim Sullivan for Milwaukee County Executive from the Primary Spring Election ballot 2020 for lack of certified nomination signatures has been appealed in the Wisconsin Court of Appeals. Kennedy and Sullivan are seeking a stay on Judge Martens decision to keep them off the Primary ballot before the ballots are printed for the February 18th election. A three judge panel Court of Appeals voted 3-0 to denied the appeal in the case, James Sullivan v. Wisconsin Elections Commission, Appeal Number 2020AP000164 - LV.

On Friday, Milwaukee County Circuit Court Kevin E. Martens agreed with the decision of the Wisconsin Election Commission to remove both candidates for Milwaukee County Executive due to not having sufficient nomination signatures to be on the Primary Spring Election 2020 after multiple signatures were disqualified when it was learned that the two candidates unknowingly shared the same nomination paper circulators that another candidate, David Crowley for the same position used. Theodore Lipscomb Sr. who is also a candidate for Milwaukee County Executive challenged Kennedy and Sullivan's nomination papers alleging that the candidates used the same circulators that Crowley had used thus disqualifying the signatures, which state law prohibits using the same circulators for more than one candidate.

Lipscomb Sr. alleged that circulators Alisha Pettis, Lesa Trotter and Dominique Thomas circulated nomination papers for David Crowley another candidate for Milwaukee County Executive and then for Kennedy. Also Lipscomb Sr. alleged that Alisha Pettis, Lesa Trotter, Keith Pettis and Dominique Thomas circulated nomination papers for Crowley and then for Sullivan violating state election laws for certifying nomination papers.

Apparently, the circulators involved lied to the Kennedy and Sullivan campaigns that they had not circulated nomination papers for another candidate, when in fact they did, according to the Lipscomb Sr., Kennedy and Sullivan campaigns.

The circulators involved worked as canvassing nomination signature papers circulators provided by Simon Warren, the owner of the Sweet Black Coffee shop and his partner Jerrel Jones, the owner of the Milwaukee Courier and WNOV 860 AM radio who operate an outsourcing contract canvassing operation available to candidates to contract.

Both Kennedy and Sullivan who ended up with less than the 2,000 signatures required to get on the ballot have the option to file an appeal in the Wisconsin State Appeals Court to see, if they can get back on the ballot.

In the WEC case of Kennedy, Lipscomb Sr. filed a verified complaint with the Commission appealing the decision of the Milwaukee County Election Commission (MCEC) to approve ballot access for Candidate Bryan Kennedy for the 2020 Spring Election as a candidate for County Executive.  The WEC reviewed the complaint and supporting documentation as well as the response of the MCEC filed by Milwaukee County Clerk George Christenson and Elections Director Julietta Henry. 

The WEC finds that the Milwaukee County Election Commission did not comply with the election laws when it accepted signatures on nomination papers for Candidate Bryan Kennedy which were collected by circulators who had previously collected signatures for Candidate Crowley in violation of Wis. Stat. § 8.04.  The WEC finds that § 8.04 is unambiguous and is to be construed as a mandatory regulation of the circulation process.  

The WEC finds that 844 signatures submitted by Candidate Kennedy shall be stricken as invalid, resulting in a total of 1,840 valid signatures, which is less than the 2,000 valid signatures required to obtain ballot status.  The WEC decision letter states that Bryan Kennedy's name shall not appear on the ballot for the Office of County Executive at the 2020 Spring Primary or Spring Election. 

In the WEC case of Sullivan, Lipscomb Sr. has filed a verified complaint with the Commission appealing the decision of the Milwaukee County Election Commission (MCEC) to approve ballot access for Candidate Jim Sullivan for the 2020 Spring Election as a candidate for County Executive.  The Commission has reviewed the complaint and supporting documentation as well as the response of the MCEC filed by Milwaukee County Clerk George Christenson and Elections Director Julietta Henry.

WEC finds that the Milwaukee County Election Commission did not comply with the election laws when it accepted signatures on nomination papers for Candidate Jim Sullivan, which were collected by circulators who had previously collected signatures for Candidate Crowley, in violation of Wis. Stat. § 8.04.  The WEC finds that § 8.04 is unambiguous and is to be construed as a mandatory regulation of the circulation process.  

The WEC finds that 1,001 signatures submitted by Candidate Sullivan shall be stricken as invalid, resulting in a total of 1,449 valid signatures, which is less than the 2,000 valid signatures required to obtain ballot status.   The Commission's decision letter states that Jim Sullivan's name shall not appear on the ballot for the Office of County Executive at the 2020 Spring Primary or Spring Election.