FLIERS HEAT UP SHERIFF'S RACE

As a heated campaign for Columbia County sheriff approaches its final
month, the campaign of Dennis Richards is questioning some campaign
tactics targeting his candidacy.

But the campaign doesn't know who it is carrying them out.

And beyond the fliers of an anonymous group calling itself Concerned
Citizens of Columbia County, Richards campaign manager Steve Sarbacker
said the campaign is also skeptical about the structure in place for
them to seek any remedy.

If there is illegal campaigning afoot, "we don't think we'd get any
enforcement of it - timely enforcement," Sarbacker said Monday.

Nonetheless, District Attorney Jane Kohlwey said Tuesday the fliers
have come to her attention, and she's instructed the Columbia County
Sheriff's Department to forward one to her office with a report for
investigation into possible illegal campaigning.

The fliers began appearing throughout the county after a June 20 Daily
Register story outlining a plea agreement between the Columbia County
District Attorney's Office and Richards' daughter, who was
charged with delivering marijuana to a police informant in April 2005.
The fliers, which Richards claims has appeared in three different
versions, attack the candidate's parenting, his daughter's
representation by a public defender, Richards' ability as a teacher of
the D.A.R.E. program and his ability to manage the Sheriff's Department.

The fliers also in many instances were reported as being distributed
near or with Capital Newspapers publications including the Shopper
Stopper. Capital Newspapers is the parent company of the Portage Daily
Register.

Capital Newspapers has not authorized or circulated the materials,
Portage Division Publisher George Althoff said. Rumors continue to
swirl, however, about the instigator of the fliers. In an interview
with the Daily Register shortly after the materials appeared, Columbia
County sheriff's Lt. Roger Brandner, Richards' opponent in the
Republican primary, denounced them, saying they were unaffiliated with
his campaign.

"Obviously, I can't control every citizen of Columbia County, what
they say or do, but that is not from my campaign at all, and I would
not approve of anything like that," Brandner said.

"What Dennis's family members do ... should not reflect on
him."

Aside from the content of the fliers, which Sarbacker in a Monday
press release also decried as spreading lies and defaming Richards'
character, the fliers may be a form of illegal campaigning.

Sarbacker questioned if the group mentioned on some fliers, Concerned
Citizens for Columbia County, should be considered a political action
committee under state law. Such a committee, often called a PAC, is
"every organization active in affecting the nomination process, the
election or defeat of a clearly identified candidate, or the outcome
of a referendum question," according to the Web site of the Wisconsin
State Elections Board.

More significantly, all such groups in county races must register with
the local county clerk if such a group raises or spends more than $25
in its advocacy, according to Dennis Morvak, a campaign auditor with
the Elections Board.

As of Monday, no such group had registered with the county clerk.

When asked if there were criminal penalties for violating such
elections laws, Morvak replied, "Obviously at the state level here
you've got people going to jail." Most penalties, however, are "civil
and of a monetary nature," Morvak said.

For violations of state laws, Morvak said locally the process for
complaining about illegal campaigning starts with the District
Attorney's Office, who could then begin an investigation.

But Sarbacker is quick to note a major Brandner campaign supporter is
Assistant District Attorney Troy Cross. Brandner said Cross isn't in a
formal campaign position, but Cross "definitely helps" the campaign.

Kohlwey rejected notions that an investigation in her office would be
at all improperly handled with Cross' presence. "I wouldn't in any way
jeopardize my integrity with the public or myself ... by ignoring some
sort of campaign violation just because one of my staff members is
supporting somebody," she said.

Kohlwey also said it wouldn't do any good for the Richards campaign
not to file any sort of complaint just because that worry existed. "It
has to get somewhere first so we can do something about it," Kohlwey
said.

That being said, she admitted, "I haven't really decided what I would
do."

"I can see that there would be two different ways. Either because it's
not myself who has the conflict of interest, I can do a Chinese wall.
That would be that Mr. Cross would not have any access to the file. He
would not participate in the prosecution at all and myself or one of
the other assistant district attorneys would handle the
prosecution.

"The other way would be that I would ask another district attorney's
office to handle the review of the matter and act as special
prosecutor."

Handling any concerns of apparent conflicts of interest is about all
Kohlwey can do in the matter with Cross being entrenched in the
Brandner campaign. She said Cross asked her at the outset of his
involvement as to the appropriateness of it.

"I told him it's one of the first things I was taught in DA training
is you cannot interfere or try to interfere with any of the political
activity with any of your assistant DAs," Kohlwey said. "I told him I
could absolutely take no position on it one way or the other. He had
to make his own decision."

In accordance with state law, Kohlwey said campaigning with state
resources and on state time will not be tolerated, however, and to the
best of her knowledge Cross has maintained that boundary.

As to her leanings, Kohlwey, who is running unopposed for her seat,
said it's unlikely she'll make an endorsement for sheriff because of
the necessity to work with whoever wins.