A Wisconsin taxpayer from the district of Conover is suing in court for his legal representative, Democrat Jim Holperin, to be forced to return to the state Senate.
Kevin Barthel filed the lawsuit as a member in legal standing, and as a citizen and taxpayer of the district in which Holperin is representative of, under Articel IV, Section 28 of the Wisconsin constitution.
In an article this morning by the Rhinelander Daily News, the lawsuit filed demanded that the Representatives failure to be on the Senate floor while the Senate is in session is bringing substantial harm to the plaintiff, and other members of the district.
Among those duties is attendance at sessions of the state Senate, the petition continues. Barthel argues, Senate rules require such attendance. Barthel claims that, “Wisconsin Senate Rule 16 also requires attendance of State Senators on days when the Senate is in session.”
Barthel observed, the Senate was in session on Feb. 17, 18, 19, 22, 24 and 25, and Holperin failed to attend any of those sessions and he indicated he did not intend to attend any sessions where the budget-repair bill might be considered. Not only was Holperin’s duty “plain and positive” but his failure to attend the sessions met the third requirement for a writ, his absence was causing substantial harm, the petition.
One of America's historical slogans by which our founding fathers decried as a reason for our rebellion against England was taxation without representation. The fleeing of the Wisconsin Senators over the issue of unions and pay cuts, and their failure to perform their elected duties as district representatives is in complete opposition to the foundation of the Republic.
Wisconsin taxpayers and citizens have the absolute right to demand their elected representatives fulfill their duties for the people of their district, far more than for a political party, or a special interest group.
This lawsuit by Kevin Bathel, a legal standing taxpayer and member of Senator Holprin's district, has the entire backing of the law and the state Constitution to force him, and perhaps other Democrats, back to Wisconsin to do the duties they are by law expected to perform.
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