Waukesha County DA declines charges over Romney campaign sandwiches

Proof and Hearsay

Crime, courts and legal issues in Milwaukee and throughout Wisconsin

May 25, 2012
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By Bruce Vielmetti of the Journal Sentinel

May 25, 2012 0

Mitt Romney won't face criminal charges for passing out free subs on primary election day  in Waukesha, District Attorney Brad Schimel announced Friday.

The Democratic Party of Wisconsin had filed a complaint with Schimel's office in April, alleging that Romney, U.S. Rep. Paul Ryan and members of Romney's campaign had violated state election laws when they handed out free Cousin's Subs at a store in Waukesha, an incident the Democrats featured in a video dubbed "Subgate."

The Democrats saw it as bribery to get people to vote. The campaign said the subs were part of a thank-you event for campaign volunteers.

In a letter to Melissa Bauldauff, research director for the state Democratic Party, Schimel said he would not be filing charges.

"The lunch was set up for a specific group. Anyone who was from that specific group was not charged for their lunch," Schimel wrote. "A corner of the restaurant was designated for these individuals and the RFP campaign was permitted to display campaign signs in that area. Other customers who were not part of this group were charged the normal price for their meals and drinks."

"To obtain a criminal conviction for election bribery, a prosecutor must prove that the individual(s) offered something of value with the intent to induce individuals to vote by providing something of value. There is no evidence to contradict the intent claimed by the organizers of the luncheon. The most reasonable conclusion that may be drawn from the evidence appears to support the claim by the RFP campaign that they did not intend to induce the general public to vote."

Schimel notes that many Romney supporters had already voted, and those who hadn't weren't likely induced to do so by the sandwich, but as active supporters and volunteers, would have done so anyway.

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About Bruce Vielmetti

Bruce Vielmetti writes about legal affairs.

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