BROOKFIELD, Wis. -- The state Elections Board voted on Wednesday not to order Republican gubernatorial candidate Mark Green to get rid of an additional $775,000 in money that he raised as a U.S. congressman and transferred for his run for governor.

Board member Robert Kasieta withdrew his motion that would have ordered Green to get rid of all but $43,000 of the nearly $1.3 million that he transferred in 2005.

Kasieta said that he withdrew the motion in light of legal advice the board received during a 90-minute closed-door session.

The board also turned down a request by the Republicans to reconsider its Aug. 30 vote ordering Green to give up $468,000.

Green attorney Don Millis praised the board for refusing to take up the motion, but said that the campaign will file a petition with the state Supreme Court appealing the previous order as early as Thursday.

Green's lawyer Scott Hansen had told the board on Wednesday that if its Aug. 30 decision was allowed to stand, it will call into question the legitimacy of the Nov. 7 election. Green is taking on Democratic Gov. Jim Doyle.

Hansen said that if Green is forced to give up the money and Doyle wins, people will believe the election was rigged.

A former Elections Board chairman currently working for the state Republican Party also appeared before the board. Steve Ponto said that the board's decision was contrary to its own precedent and was made on a partisan basis.