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Elections Chief Testifies In Jensen Trial

Trial Began Tuesday

Updated: 7:57 pm CST February 22, 2006

The state Elections Board's director testified Wednesday that state law clearly prohibits the use of state resources for fundraising during the second day of state Rep. Scott Jensen's trial.

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Prosecutors said that Jensen, R-Waukesha, built a secret campaign machine that raised money for Republican lawmakers on the taxpayers' dime. Fellow defendant, Republican aide Sherry Schultz, is accused of working for that campaign machine.

Kevin Kennedy said that campaign finance laws are meant to ensure a level playing field between incumbents and challengers by prohibiting officeholders from using their state staff for campaigning.

Attorneys for Jensen and Schultz have argued there is no bright line between legitimate legislative work and prohibited campaign activities under state law. They questioned Kennedy about numerous incidents in which the Election Board's state-paid staff answered purely political questions about campaign finance reports.

Schultz attorney Stephen Morgan pointed out that the board attorney frequently gives advice to political campaigns on filing necessary reports. Kennedy said he saw nothing wrong with that arrangement.

Jensen faces three felony counts of misconduct in public office and a misdemeanor. Schultz is charged with one felony.

On Tuesday, Assistant Attorney General Roy Korte painted Jensen as a mastermind behind an elaborate scheme to use state resources for political purposes, while concealing it from the public.

Jensen's defense lawyer Stephen Meyer gave a different picture of the lawmaker, telling jurors that Jensen worked to separate legitimate state work from political activity long before media reports detailed use of state employees for campaign purposes at the state Capitol.

Meyer said that there's no evidence Jensen did anything to receive benefit himself financially.

The jury was selected on Tuesday for the trial. The panel of nine women and six men includes three alternates.

The trial is expected to last three weeks.

Jensen is expected to eventually take the stand in his own defense, WISC-TV reported.

Jensen is the last of five state legislators charged in 2002 after media reports detailed allegations that lawmakers were using their taxpayer-funded staffs to run campaigns and collect political contributions.

The other four -- ex-Democratic state Sens. Brian Burke and Chuck Chvala and former Republican Reps. Steve Foti and Bonnie Ladwig -- have struck deals with prosecutors to avoid trials.

Foti, once the second-ranking lawmaker in the Assembly, made an agreement and pleaded guilty to corruption charges last month. As part of the agreement, Foti agreed to testify against Jensen.

Burke and Chvala were sentenced to jail time. Former Assistant Assembly Majority Leader Ladwig is expected to pay $4,500 in fines and restitution, WISC-TV reported.

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