Voluntary social distancing working in Wisconsin

The lessons from Wisconsin’s lockdown lifting | Spectator USA - Ross Clark:

June 11, 2020 - "Has the end of lockdown caused a large second spike in COVID-19 infections? We have a possible answer to this question because the experiment was carried out in Wisconsin on May 15 when the US state’s Supreme Court overthrew the governor’s ‘stay at home’ order. Gov. Tony Evers ... declared his state to be the ‘Wild West’ and predicted a surge of deaths.

"What happened in the two weeks following the Wisconsin Supreme Court’s decision has now been studied by the National Bureau of Economic Research. Its conclusion? There was no discernible effect on the infection rate. This was not necessarily much to do with the virus itself, however. Wisconsin’s 5.8 million residents simply refused to exercise their new found freedoms....

"Five of the state’s 72 counties imposed their own local stay at home orders, but the vast majority did not. People were suddenly free to resume ordinary life. The researchers studied what happened next via smartphone data. Taken across the state as a whole, prior to the lifting of the lockdown just under 40 percent of residents were staying at home all day. In the two days immediately following the lifting of the order this briefly fell to just over 30 percent. Yet two days after that it shot up to 45 percent — higher than it had been throughout the first half of May. From that peak, there then followed a slow decline in the proportion of people staying at home all day.

"There was a similar pattern when the researchers looked at the median number of hours people were spending at home. In the first two days it fell, then it spiked, and then it fell away steadily. It was as if a few people reacted to the lifting of the order by rushing out to enjoy themselves — or maybe to check on relatives — and then voluntarily retreated back indoors.

"We have learned a lot about the virus in recent weeks but we have also learned a lot about human behavior. Either through a sense of public duty, or simply through fear for their own safety, people have taken it upon themselves to impose their own personal lockdowns even when the law does not demand that they do so."

Read more: https://spectator.us/lessons-from-wisconsin-lockdown-lifting/

WI Supreme Court strikes down state lockdown

Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers | Reason - Jacob Sullum:

May 14, 2020 - "'After the Wisconsin Supreme Court overturned that state's COVID-19 lockdown yesterday, Gov. Tony Evers, a Democrat, declared that Republicans 'have thrown the state into chaos'.... But the justices were concerned about a different sort of [chaos]: the kind that happens when governments impose sweeping restrictions on individual freedom, backed by the threat of criminal penalties, without proper legal authority....

""Emergency Order 28, which acting Secretary of Health Services Andrea Palm issued on April 16, ... extended Wisconsin's original March 24 lockdown, which would have expired on April 24, until May 26.... Palm's order banned 'all forms of travel' except those she deemed essential; required 'all for-profit and non-profit businesses' she did not consider 'essential' to 'cease all activities' except for 'minimum basic operations' and work done at home; prohibited 'all public and private gatherings of any number' involving people who were 'not part of a single household'; closed all places of 'public amusement and activity,' whether 'indoors or outdoors,' except for golf courses; continued the closure of bars and restaurants (except for takeout and delivery) as well as salons, spas, K–12 schools, and libraries; imposed a 10-person limit on religious gatherings, including weddings and funerals; and required all residents of the state, except for members of the same household, to maintain a distance of at least six feet from each other. Palm said violations were punishable by a $250 fine, up to 30 days in jail, or both....

"Palm ... argued that her order was authorized by the statute that describes her department's powers. That law says the health department 'may authorize and implement all emergency measures necessary to control communicable diseases'.... The law also authorizes the department to 'promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, [and] for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease.'

"Another statute explains what the health department is supposed to do when it issues one of those rules. An 'emergency rule,' deemed necessary for 'preservation of the public peace, health, safety, or welfare,' ... has to follow certain procedures, including publication of a statement describing the scope of the rule in the Wisconsin Administrative Register, 'a preliminary public hearing and comment period' if a co-chairman of the Joint Committee for Review of Administrative Rules asks for them, approval of the proposed rule by the governor, and a 'fiscal estimate for the rule' sent to every state legislator.... Palm did not follow those procedures....

"Palm contended that her order did not qualify as a 'rule.' A four-justice majority of the Wisconsin Supreme Court disagreed, noting that state law defines a 'rule' as 'a regulation, standard, statement of policy, or general order of general application that has the force of law and that is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency.'

"Even while insisting that her order should not be viewed as a rule, Chief Justice Patience Roggensack notes in the majority opinion, Palm purported to impose criminal penalties for violating it. 'It has long been the law in Wisconsin that in order for the violation of an administrative agency's directive to constitute a crime, the directive must have been properly promulgated as a rule,' Roggensack says.

"Furthermore, Palm's order defined the crime she purported to punish without referring to any statute. 'The prohibited "criminal conduct" to which Palm refers is factually defined solely by Emergency Order 28,' Roggensack notes. 'Counsel for Palm ... said that there was only one element that needed to be proved in a criminal prosecution for a violation of Emergency Order 28: that a provision of the order was violated. Such an argument is without legal foundation and ignores more than 50 years of Wisconsin law'....

"Even if Palm's order were not subject to rulemaking requirements, the majority says, it would exceed the scope of her legal powers. While the health department has the authority to 'quarantine those infected or suspected of being infected,' for example, the lockdown goes much further than that, telling 'all individuals present within the State of Wisconsin' they must 'stay at home or at their place of residence' except for Palm-approved purposes. 'She also prohibits "all public and private gatherings of any number of people that are not part of a single household or living unit,"' Roggensack notes. 'Again, this directive is not based on persons infected or suspected of being infected'....

"Justice Daniel Kelly suggests in a concurring opinion joined by Justice Rebecca Bradley.... 'In the Secretary's view, ... there are no statutory or regulatory limitations on her authority to address communicable diseases.... If we agreed with the Secretary's reading of [the law], we would have to conclude the statute violated the separation of powers by conferring on the Secretary the power to make laws without going through the rule-making process'....

"In a concurring opinion joined by Kelly, Bradley highlights the issues at stake in this case. 'However well-intentioned, the secretary-designee of the Department of Health Services exceeded her powers by ordering the people of Wisconsin to follow her commands or face imprisonment for noncompliance,' Bradley writes. 'In issuing her order, she arrogated unto herself the power to make the law and the power to execute it, excluding the people from the lawmaking process altogether'.... 'It is especially in times of emergency that we must protect the rights of the people,' Bradley writes, 'lest we establish a dangerous precedent empowering less benevolent government officials in the future to oppress the people in the name of exigency.'"

Read more: https://reason.com/2020/05/14/wisconsin-supreme-court-says-the-states-covid-19-lockdown-violated-the-rule-of-law-and-the-separation-of-powers/

Midterm results disappointing for Libertarians

The Libertarian Party Future, Perennially Out of Reach - Reason.com - Matt Welch:

January 2019: ""He's going to finish certainly no worse than second, and maybe first,' Libertarian Party (L.P.) 2016 vice presidential nominee Bill Weld enthused about Massachusetts state auditor candidate Dan Fishman in mid-October.... It looked like Weld might be onto something two weeks later when The Boston Globe took the highly unusual step of endorsing the L.P. candidate....

"Massachusetts voters declined the advice. When the smoke cleared on November 6, the would-be Libertarian auditor for the government of Taxachusetts finished not first, not second, but a distant third place, with a desultory 4.2 percent of the vote. The effort was enough to give the party automatic statewide ballot access for 2020 ... but not enough to stave off the national wave of nausea that afflicted many libertarians on election day.....

"About the only federal candidate prioritizing the budget calamity was Gary Johnson.... Running in the state he governed twice, and where he earned 9.3 percent of the presidential vote in 2016, ... Johnson was able to participate in debates and generate extensive media coverage. The first independent three-way poll in late August hinted at a shockingly competitive race: 39 percent for Heinrich, 21 percent for Johnson, and just 11 percent for Rich. And yet Election Day 2018 brought another Libertarian bummer:... Rich doubled up on Johnson, 31 percent to 15 percent....

"Political fear and loathing, it turns out, is no friend to independent and third-party candidates.... As we learned in 2016, when voters feel revulsion toward a candidate or party, they are likely to go for the alternative with the best chance to defeat the bad guy. In a high-turnout midterm like 2018, minor parties undershoot their polling projections by massive amounts.

"The most anticipated of the 22 Libertarian races for governor, for example, was rising party star Larry Sharpe in New York. An energetic, fast-talking campaigner with a preternatural talent for fundraising, Sharpe brought in an impressive $450,000.... He pulled just 1.6 percent, behind even Green Party candidate Howie Hawkins' 1.7. Yes, the L.P.  achieved state ballot access for the first time in history, but that low showing came as a demoralizing shock.

"'WTF is going on?' Wisconsin Libertarian gubernatorial candidate Phil Anderson messaged me on election night..... Anderson's pre-election polling average of 4.2 percent had collapsed to a barely visible 0.8 percent. Eight Libertarian candidates for governor were polling higher than the Democratic-Republican point spread on election eve; zero repeated the trick once the votes were counted....

"The three state legislators who had previously switched from Republican to Libertarian once in office — Nebraska state Sen. Laura Ebke and New Hampshire state Reps. Brandon Phinney and Caleb Dyer — all faced their first election wearing the L, and all lost badly.... Insurgent Wyoming state House candidate Bethany Baldes came so close to unseating incumbent Republican Majority Leader David Miller that she was erroneously reported as winner on election night, only to eventually lose by 53 votes....

"Libertarians are accustomed to being outnumbered and excel at playing long-game strategies, often far outside the cyclical sugar highs of electoral politics.... As disappointing as November 2018 felt for the L.P., the party did emerge in a stronger position for 2020, when it will be the only minor party with a spot on all 50 state ballots. American politics moves fast, so the next two years may yet feature more political libertarianism than we can currently fathom. As hard as that may be to believe after Election Day."

Read more: https://reason.com/archives/2018/12/08/the-libertarian-party-future-p

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Also read: Libertarians see progress in midterm elections

WI Libertarian told not to accept Bitcoin donations

Libertarian candidate accepts Bitcoin donations that could be illegal - Max Bayer, Milwaukee Journal Sentinel:

July 23, 2018 - "The Libertarian candidate for governor says he will accept campaign donations in Bitcoin, despite a state Ethics Commission finding that such donations appear to be illegal.

 "'We will not allow the lack of appropriate interpretation of the current statute (to) affect the First Amendment rights of those who want to show support and contribute,' said a statement from Phil Anderson, who is running for governor and is the chairman of the state Libertarian Party. 'I have no faith in the Assembly to handle this fairly nor expeditiously.'

"Anderson asked the Ethics Commission to allow candidates to accept Bitcoin and other forms of cryptocurrency. In May, the commission referred the matter to the Legislature because it found a contribution in cryptocurrency 'does not appear to fit' the acceptable categories spelled out in statutes ... [and] suggested the Legislature address two facets of cryptocurrency: its constantly changing value and the anonymity of donations....

"Cryptocurrencies, such as Bitcoin and Etherium, are internet-based currencies that can be used to buy goods or services. They were founded on the principle that currencies should be decentralized.

"Anderson emphasized that he believes he and his party are complying with the law.... If a complaint is filed against him and the Ethics Commission intervenes, Anderson said he and the party are 'going to push back all the way'....

"Anderson said there shouldn't be any concern regarding donations to his campaign. His portal uses Bitpay and requests donors' names, addresses and phone numbers."

Read more: https://www.jsonline.com/story/news/politics/2018/07/23/libertarian-candidate-accept-bitcoin-donations-despite-warning-ethics-commission/807234002/
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Wisconsin governor signs civil forfeiture reform

News - Wisconsin Enacts Sweeping Civil Asset Forfeiture Reform | Heartland Institute - Owen Macaulay:

June 11, 2018 - "Wisconsin Gov. Scott Walker signed a bill  protecting residents’ constitutional rights to property and due process. Senate Bill 61 (S.B. 61), sponsored by state Sen. David Craig (R-Town of Vernon), sets new requirements for law enforcement agencies and prosecutors in using civil asset forfeiture to take ownership of individuals’ seized assets or property.

"In most cases, police or prosecutors now must obtain a criminal conviction before property held by individuals accused of committing a crime can be forfeited. The law went into effect on April 5.

"Lindsey Stroud, state government relations manager for The Heartland Institute ... says many law enforcement agencies have routinely abused the civil asset forfeiture process. 'It’s a problem because, in a lot of these states, if you’re an innocent person, your property can be taken away from you,' Stroud said. 'A lot of these laws allow the law enforcement agencies to retain what they take'....

"Craig says the bill he introduced, now known as Act 211, ... 'requires a criminal conviction prior to forfeiture of property with some limited exceptions, preserving the fundamental notion that one is innocent until proven guilty.... Additionally, the legislation requires that forfeiture be proportional to the offence, that innocent owners are protected, forfeiture actions are properly reported and transparent, and divests the monetary incentives for departments to pursue forfeitures.'

"Stroud says civil asset forfeiture can harm innocent individuals.... 'In one case, a woman went to bail her son out,' Stroud said. 'They took a drug-sniffing dog, sniffed her money, and they seized it. Studies show that 90 percent of bills have traces of drugs on them. She was eventually able to prove she got the money legally'....

"'Frankly, civil asset forfeiture affects every American,' Craig said. “The mere fact that Wisconsin law allowed private property to be forfeited to the government without conviction was a glaring violation of the Constitution.... All citizens should care when their liberties guaranteed by the Bill of Rights are threatened by an overzealous government,' Craig said. 'These abusive policies could someday be used against you, despite no wrongdoing on your part.'"

Read more: https://www.heartland.org/news-opinion/news/wisconsin-enacts-sweeping-civil-asset-forfeiture-reform
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8 Libertarians qualify for ballot in Wisconsin

Libertarian Party of Wisconsin announces ballot access for candi - WKOW 27: Madison, WI Breaking News, Weather and Sports - Jule Carpenter Lotz, WKOW:

June 4, 2016 - "Several Libertarian Party candidates will appear on Wisconsin ballots for upcoming elections.

"Libertarian Party of Wisconsin Chairman Joseph Kexel says Phillip Anderson, the party's candidate for United States Senate, and four others who are running for seats in the House of Representatives have gained access to be listed.

"Kexel says the four candidates for the House include Jason Lebeck in the 1st District, Andy Craig in the 4th District, John Arndt in the 5th District and Robert Burke in the 7th.

"The party also has two candidates running for state assembly seats; Jordan Hansen for District 54 near Oshkosh and George Meyers, for District 66 near Racine.

"In a news release, Kexel says the Libertarian candidates support individual freedom and offer voters "a great opportunity to elect libertarians to all levels of government."

"The party's national candidates are Gary Johnson for president and Bill Weld for vice-president."

[In a comment, Kexel also mentions Matthew Bughman, running for state assembly in District 7.]

http://www.wkow.com/story/32145166/2016/06/04/libertarian-party-of-wisconsin-announces-ballot-access-for-candidates
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Highlight of 2014 - Wisconsin's police-shooting law

In Wisconsin, A Decade-Old Police Shooting Leads To New Law - NPR:

December 13, 2014 - "Race is at the forefront of the current debate over the police use of deadly force. But one shooting in Wisconsin highlights another factor at play when police shoot civilians — the lack of outside investigation. And the decade-old death has led to real reform in the state.

"Ten years ago, 21-year-old Michael Bell Jr. pulled up to the house where he lived with his mom and sister in Kenosha, Wis., about an hour south of Milwaukee. A police officer who, according to a police report chose to follow Bell after observing his driving, arrived shortly after.... The two walked off-camera, where police tried to arrest him. A struggle ensued, and while his mom and sister watched from the house, Bell was shot, point-blank, in the head....

"The Kenosha Police Department's detective division and internal affairs division immediately conducted an investigation.... Within 48 hours, the department had determined that the shooting was justified, that the use of force was proper and that none of the officers had done anything wrong....

"As a retired lieutenant colonel in the U.S. Air Force, Michael Bell Sr. says he's been a part of mishap investigations before. He was expecting a long, drawn-out investigation into his own son's death — not a decision made by the same police department in just a couple of days.... He says he knew the police had not even talked to the witnesses or gotten the report back from the crime lab....

"The Bell family ended up filing a civil suit for wrongful death. Six years later, they received a $1.75 million settlement. But there was no admission of wrongdoing, and the police maintained that Michael Bell Jr. caused his own death.

"The family used the settlement money to fund a grassroots campaign. They took out ads in the New York Times, in USA Today and on radio and created TV commercials.... Bell bought every available billboard in Milwaukee with slogans like: 'When Police Kill, Should They Judge Themselves?'

"'After we created enough ruckus, the unions ended up sitting down with us and talking with us,' Bell says. They told him that if he wanted to take the billboards down, they would work with him in crafting the legislation he sought.

"The law they put forth would make Wisconsin the first state in the nation to mandate, on the legislative level, that if an officer was involved with a loss of life, that outside investigators must come in and collect the data and investigate that shooting.

"This past April, Wisconsin Gov. Scott Walker passed the bill into law."

Read more: http://www.npr.org/2014/12/13/370592433/in-wisconsin-a-decade-old-police-shooting-leads-to-new-law

Libertarian highlights from the 2014 midterms

Libertarian Election Results 2014 - J. Wilson, A Libertarian Future:

November 5, 2014 - "Libertarian candidates may not have won very many elections this year, but we’ve had some high percentage victories. In some states, that means we’ll get the ballot access we deserve for the next election. Guaranteed ballot access is important because it’s time and money that we won’t have to waste next time. Libertarians will be able to spend more time and money campaigning, and less time getting arbitrary signature counts.

"These high percentage Libertarian election results also send a clear message to both of the two parties. Voting Libertarian tells them they won’t receive our consent, and will have to work harder if they ever want our votes. If they don’t, we’re more than happy to keep voting Libertarian.

"These Libertarian election results show just how many Americans are fed up with the two party system and want a third major party.

• Top Voter Percentage: Randall Lord from Louisiana’s 4th Congressional District with 26.56% (55,224 votes) 
• Runner Up: Lucas Overby from Florida’s 13th Congressional District with 24.75% (55,273 votes) 
• Top Vote Total: Adrian Wyllie for Governor of Florida with 222,565 votes (3.75% of the vote) 
• Runner Up: Bill Wohlsifer for Attorney General of Florida with 168,946 votes (2.9% of the vote) 

"Ballot Access: Hawaii, for winning more than 4% of the vote in all State Senate races. Maryland, for winning more than 1% in the Governor’s Race. Mississippi, for winning more than 2% of the vote in House elections. North Dakota, for winning more than 5% of the vote in a Statewide Race. Utah, for winning more than 2% in a Statewide office. Wisconsin, for receiving more than 1% of the vote in a Statewide Race. Wyoming, for winning more than 2% of the vote in the House election....

"More to come!"

Read more: http://alibertarianfuture.com/2014-election/libertarian-election-results-2014/#sthash.ToC0ljkF.dpbs
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Wisconsin LP files complaint over debate exclusion

Let us in! Wisconsin libertarians file complaint to get in debates « Watchdog.org - Ryan Eykvall, Wisconsin Reporter:

July 10, 2014 - "The Libertarian Party of Wisconsin says the Wisconsin Broadcasters Association provides illegal in-kind campaign contributions to candidates who qualify for its television debates.

"The association bars candidates from participating in the televised debates unless they have 10 percent voter support in polls and raise $250,000 in campaign contributions. This, the party says in its complaint to the Government Accountability Board, essentially amounts to free advertising for Republicans and Democrats.

"The Libertarian Party wants its candidate for governor, Robert Burke, to be allowed to take part in all televised debates.

"'(WBA is) saying certain candidates are electable and certain candidates aren’t,' said Andrew Craig, who filed the complaint. Craig is a Libertarian running for secretary of state. 'They’re advocating for the election of Republican and Democrat candidates and the defeat of their opponents.'

"GAB spokesman Reid Magney confirmed the agency received Craig’s complaint, but said he couldn’t say anything more about it.

"According to state law, the agency will review the complaint to decide whether there’s reasonable suspicion of a violation. If the GAB finds the complaint is frivolous, the agency can charge Craig up to $500 or for the expenses of investigating the complaint."

Read more: http://watchdog.org/158877/libertarian-debate-complaint/
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Wisconsin LP aims for a candidate in every District in 2014

Libertarian Party Launches Outreach For Candidates | WXPR - Ken Krall:

February 17, 2014 - "Paul Ehlers ran in 2012 for the state 12 District Senate seat. In the role as state Libertarian Party chair he says they're reaching out to many groups who have felt ... what he describes ... as the heavy hand of government ... called the 'Liberty Coalition'...

"'what we're trying to do is find people whose pursuit of happiness is being regulated, prohibited or restricted and get them to realize we have one thing in common'

"He mentions groups such as the raw milk producers, people active in the organization NORML, gun owners, people interested in renewable energy....

Ehlers says students are heavily in debt due to government changes in education financing ... 'students that maybe have massive student debt that are in default. They are not part of the problem. They are victims of the problem....'

"He says the Liberty Coalition goal is to have candidates in every major race in Wisconsin this year. "

Read more: http://wxpr.org/post/libertarian-party-launches-outreach-candidates
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Wisconsin Libertarians endorse Clean Energy Choice Initiative

Wisconsin Libertarian Party surprises observers with endorsement of solar proposal: pv-magazine - Ian Clover:

September 9, 2013 - "'Most of us don't trust the environmental movement because they've cried wolf forever and ever,' Wisconsin Libertarian Party chair Paul Ehlers told a surprised local media over the weekend. 'There are all kinds of philosophical disagreements, but at the end of the day this was pretty much a no-brainer.'

"Ehlers was discussing his party's endorsement of a proposal by local clean energy group RENEW to enable the state’s electricity customers to lease solar panels and other domestic-size renewable energy generators.... RENEW Wisconsin spearhead The Clean Energy Choice Initiative, which argues that most energy customers in the state cannot afford to install solar panels, and is calling for third-parties to pay for their installations and sell the energy produced to the customer.

"In a state where the government is Republican-controlled, the backing of the Libertarians could help such a green proposal gain traction. 'What we’re proposing doesn’t involve a new mandate or an extension of existing mandates,' said RENEW Wisconsin’s program and policy director, Michael Vickerman. 'It’s not in any way related to existing or future subsidies. It’s not an intrusion in the marketplace. It’s actually a liberation of the marketplace. So we felt this issue should fit in their wheelhouse.'"

Read more: http://www.pv-magazine.com/news/details/beitrag/wisconsin-libertarian-party-surprises-observers-with-endorsement-of-solar-proposal_100012664/#ixzz2eWqCK6yU
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Wisconsin Libertarian Party defends effort to legalize raw milk

Wisconsin Ag Connection - State's Libertarian Party Defends Effort to Legalize Raw Milk:

March 20, 2013 - "Leaders of the Libertarian Party of Wisconsin say the state government should have no right to stop people from selling or drinking raw milk. In a statement from the political group's chairman on Tuesday, Terry Gray claimed the current state law that prevents consumers from purchasing what he calls 'real' or unpasteurized milk demonstrates 'the power of the corporate dairy control over the legislature of America's Dairyland.'

"'Government health officials claim that all uncooked animal products are inherently dangerous, even if our forefathers seem to have thrived on raw milk up until the 1950s,' Gray said in his memo. 'Fresh dairy proponents insist that unpasteurized milk is tastier, healthier, and easier to digest. Ultimately, shouldn't informed consumers be the ones to decide whether to purchase this natural product -- or not?'

"State Senator Glenn Grothman of West Bend has said he plans to introduce a new bill this spring that would legalize the sales of unpasteurized milk under certain conditions. A similar bill was drafted last year, but failed to be brought up for a floor vote."

Read moe: http://www.wisconsinagconnection.com/story-state.php?Id=330&yr=2013
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