Wisconsin elections commission member advised Green Party

An election observer cleans voting booths at the Kenosha Bible Church gym in Wisconsin during an April primary.
(AFP via Getty Images)

A Republican member of the Wisconsin Elections Commission advised a Green Party representative about who to hire as an attorney after its presidential nominee was denied ballot access in the key battleground state, records obtained by the Associated Press show.

The elections commission deadlocked 3-3 Aug. 20 on whether to put Green Party presidential candidate Howie Hawkins on the ballot. All three Republicans were in favor and all three Democrats were against. Hawkins asked the Wisconsin Supreme Court to put him on, but the court in a 4-3 ruling Monday rejected that request. The court also lifted an order it issued last week pausing the mailing of absentee ballots while it considered the challenge.

The email string obtained Monday by the AP under an open records request shows that elections commission member Bob Spindell emailed Kevin Zeese, then-press secretary for Hawkins, less than 24 hours after the commission voted to keep him off the ballot. Spindell, a Republican who supported putting Hawkins on the ballot, wrote that he was “very sorry. but not surprised, the three Democrat Commissioners fought hard to keep the Green Party off the Ballot.”


“The Democrat Party obviously believes this action would push your members to vote for Biden — if they could not vote for their own Green Party Candidates,” Spindell wrote.

In response to the Spindell email, Zeese asked if he could recommend a “good lawyer to handle the case.” Spindell had suggested during the commission’s discussion about putting Hawkins on the ballot that the issue may need to be considered in court.

Spindell responded, “Please call me,” and provided his personal cellphone number

These states will probably decide if Joe Biden or President Trump wins the election. And their absentee ballot laws could determine when we find out.

Spindell said Tuesday that he recommended two attorneys. One was Michael Maistelman, who worked with the Democratic Party in a challenge to the candidacy of rapper Kanye West, and the other was Andrew Phillips.

When the Green Party filed its lawsuit Sept. 3, Phillips was one of its attorneys.

Phillips has ties to Wisconsin Republicans. He was hired last year by Republicans on the Legislature’s budget committee in a battle they were having with Democratic Atty. Gen. Josh Kaul over how to handle court settlements.

Phillips did not immediately return messages seeking comment Tuesday.

Spindell said Tuesday that he had no regrets about reaching out to the Green Party and suggesting attorneys for it to hire. He said he felt he had done nothing wrong and that it was an “injustice” for the commission to keep Hawkins off the ballot.

“If I think some of the decisions on the Elections Commission are wrong, I’m not going to keep my mouth shut,” Spindell said. “I’m going to tell people about it. I think it’s my obligation to the citizens of Wisconsin to do that.”

Spindell, in his email to Zeese, requested more information about the issue that kept Hawkins off the ballot in Wisconsin — the address put on nomination papers by his vice presidential candidate, Angela Walker. He asked whether Walker lived at one of the addresses and if so when she had moved from the other address.

“I am curious, (only personally — not as a member of the Commission),” Spindell wrote. “You certainly do not need to provide me with those two answers — but if you want, and it will not interfere with your possible lawsuit, I would sure like to know.”

Zeese died Sept. 5, the Green Party announced Sept. 6. Hawkins campaign spokesman Robert Smith did not immediately return messages seeking comment. Michael O’Neil, spokesman for the Green Party of the United States, also did not immediately return a message.