Candidate Howie Hawkins then hired the recommended attorney and filed suit with the Wisconsin Supreme Court to get on the November ballot.
MADISON, Wis. (AP) — 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, while 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 Associated Press 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
Spindell did not immediately respond to messages Tuesday from the AP. But he told the Wisconsin Examiner, which also obtained the emails, 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 on 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 Attorney General Josh Kaul over how to handle court settlements.
Phillips did not immediately return messages seeking comment Tuesday.
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 on Sept. 5, the Green Party announced on 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.
Scott Bauer of the Associated Press authored this report.