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Republican state Rep. Janelle Brandtjen, left, and conservative talk show host Vicki McKenna, right, speak during a “Vote Audit” rally at the State Capitol on Friday, Aug. 6, 2021. Will Kennealy/PBS Wisconsin
Republican state Rep. Janelle Brandtjen of Menomonee Falls has filed a lawsuit against the Wisconsin Ethics Commission, seeking to halt an investigation into her campaign finance activities two years ago.
The complaint, filed Monday in Waukesha County Circuit Court, alleges that the commission violated the state’s separation of powers protections by recommending that Brandtjen be charged with a felony.
“WEC improperly represents the district attorney and the administrative agency in the exercise of prosecutorial discretion,” the complaint states.
In February, the nonpartisan state Ethics Commission found grounds to charge Brandtjen and others with campaign finance violations related to his challenge to state Assembly Speaker Robin Vos in the 2022 primary. Investigators alleged that Brandtjen orchestrated a scheme to circumvent contribution limits using funds connected to the county’s Republican Party office and former President Donald Trump’s campaign.
The Ethics Commission refers cases to local district attorneys depending on where the violations occurred. Brandchen’s case was referred to the Waukesha County district attorney, who, like other local prosecutors, declined to file charges. The Ethics Commission then referred charges to Washington County, who also did not, according to the complaint.
That would pave the way for the commission to refer charges to the state Department of Justice. In the lawsuit, Brandtjen’s lawyers argue that the state Ethics Commission acted improperly during its investigation and should be blocked from referring further charges.
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“Plaintiffs believe that the two District Attorneys will not stop at simply telling the (Wisconsin Ethics Commission) that they should not use their prosecutorial discretion to indict and pursue criminal charges against Plaintiffs,” the complaint reads.
The lawsuit also argues that the investigation will harm Brandtjen’s re-election prospects this fall, and seeks a declaratory judgment that the Ethics Commission violated Brandtjen’s rights by violating the constitutional separation of powers and therefore cannot take any further action against him.
Brandtjen did not respond to WPR’s request for comment, nor did a spokesperson for the Wisconsin Department of Justice.
The ethics committee met in closed session earlier this week to decide whether to refer the matter to the Justice Department, according to the complaint. A spokesman for the ethics committee declined to comment, and it’s unclear whether the committee has referred further charges.
State ethics investigators recommended felony charges in February.
In February, the bipartisan Wisconsin Ethics Commission recommended felony indictments against Trump’s Save America committee, three county Republican chapters and Brandtjen, after the investigation alleged the parties conspired to illegally circumvent campaign finance laws and funnel funds to a Republican candidate challenging Vos in 2022.
Vos’ opponent in that election, Adam Steen, ran for her seat with the backing of Trump, but lost by just a few hundred votes.
In its recommendation, the commission alleges that the county’s Republican party sent Steen’s campaign more than $1,000 in contributions, the maximum allowed under state law.
Political parties are allowed to give unlimited amounts of money to candidates, but the indictment alleges that individual donors designated donations to the party to allow Steen to get around limits on individual donations.
Brandtjen, Trump’s staunchest supporter in the Wisconsin Legislature and a key supporter of Trump’s claims — which have turned out to be false — that the 2020 election was stolen from Wisconsin, also supported Steen.
The committee said Brandtjen advised Steen’s fundraising arm and “played a role in facilitating donations” from Trump’s fundraising arm, Save America, to the Republican Party in the three counties.
Rep. Janelle Brandtjen sued the state Ethics Commission after the campaign finance investigation was first reported by Wisconsin Public Radio.
