Elections Commission keeps Dora Drake on primary ballot for Senate election in Milwaukee

MADISON – State Rep. Dora Drake will remain on the ballot in the August primary for the 4th District Senate seat after fending off a challenge to her nomination papers from her opponent, Rep. LaKeshia Myers.

The bipartisan Wisconsin Elections Commission voted unanimously Monday to reject Myers' challenge, accepting the commission staff's finding that Drake's forms were "substantially compliant" with state law.

Drake, who is in her second term in the state Assembly, had supporters sign the form for nonpartisan offices, such as judge, instead of the one for partisan positions, such as legislator. Her nomination papers did, however, have the phrase "Democratic Party" typed on the form.

The commission found that Drake submitted 692 valid signatures that "substantially" complied with state law "because they all contained the name of her party and because they clearly indicated she was running for a partisan office."

"We're very happy with the result," said Michael Maistelman, attorney for Drake. "This was an outrageous challenge, which the commission quickly and unanimously dismissed."

To run for state Senate, candidates have to submit between 400 and 800 valid signatures on the correct nomination form.

Myers, who filed a rebuttal to the commission staff's recommendation, argued during Monday's WEC meeting that voters signing Drake's nomination papers could have been confused by seeing the word "nonpartisan."

"So potentially, a person signing this would have looked at that and said 'nonpartisan,' and may have been swayed to say, 'Oh, I may be a Republican; I'm going to sign your paperwork.' Or 'This doesn't matter what party you are to sign the paperwork,'" Myers said.

Following the vote to approve Drake's place on the ballot, Republican Commissioner Bob Spindell said the commission should do more to make it clear to candidates "to be careful and make sure you have the proper form."

Democratic Commissioner Ann Jacobs also questioned whether a change to the nonpartisan form is needed if a space exists to declare a party affiliation. A WEC staffer clarified that nonpartisan forms do not include such a space, and Drake's campaign added the information on its own.

Former Sen. Lena Taylor, a Milwaukee Democrat, left the Senate seat earlier this year when she was appointed as a judge to the Milwaukee County court by Democratic Gov. Tony Evers. He then announced a special election for July.

Myers and Drake will compete in both the special election and the August primary, the winner of which will hold the seat as no Republican candidate has entered the race. The special election in July will determine who will fill the remainder of Taylor's term while the August primary is a battle for who will be elected to a full four-year term.

Jessie Opoien can be reached at [email protected]. Daniel Bice can be reached at [email protected].

This article originally appeared on Milwaukee Journal Sentinel: Elections Commission keeps Dora Drake on Senate ballot