Rep. Janel Brandtjen sues state Ethics Commission after campaign finance investigation

Republican state Rep. Janel Brandtjen, R-Menomonee Falls, has filed suit against the Wisconsin Ethics Commission in an effort to halt an investigation into her campaign finance activities from two years ago.

The complaint, filed Monday in Waukesha County Circuit Court, argues the commission violated state separation of powers protections when it recommended felony prosecution of Brandtjen.

“WEC is improperly stepping into the shoes of the District Attorney, and the executive branch, in regard to the exercise of prosecutorial discretion,” the lawsuit reads.

In February, the bipartisan state Ethics Commission found cause for charging Brandtjen and others with campaign finance violations tied to a 2022 primary challenge against Assembly Speaker Robin Vos. Investigators alleged that Brandtjen coordinated a scheme to bypass donor limits using county GOP offices and a war chest tied to former President Donald Trump’s campaign.

The commission referred the case to local district attorneys, depending on where the alleged violations took place. Brandtjen’s case was referred to the Waukesha County district attorney who, like the other local prosecutors, declined to press charges. The Ethics Commission then referred the charges to Washington County, according to the complaint, where the local DA also did not prosecute.

That opens the door for the commission to refer the charges up to the state Department of Justice. In the lawsuit, Brandtjen’s attorney argues the state Ethics Commission acted improperly over the course of its investigation and should be blocked from referring charges further.

“It is Plaintiff’s belief that (Wisconsin Ethics Commission) will not stop with two District Attorneys telling (Wisconsin Ethics Commission) that, in their prosecutorial discretion, Plaintiff should not be charged and prosecuted criminally,” the complaint reads.

The lawsuit, which also argues the investigation will harm Brandtjen’s reelection prospects this fall, asks for a declaratory judgment that the Ethics Commission violated constitutional separation of powers, violated Brandtjen’s rights and cannot pursue further action against her.

Brandtjen did not respond to WPR’s request for comment. Neither did a spokesperson for the Wisconsin Department of Justice.

According to the complaint, the Ethics Commission met in closed session earlier this week to determine whether to refer the matter to the Department of Justice. A spokesperson for the Ethics Commission declined comment, and it’s unclear if the agency referred the charges further.

State ethics investigators recommended felony charges in February

In February, the bipartisan Wisconsin Ethics Commission recommended felony prosecution of Trump’s Save America committee, three county GOP arms, and Brandtjen. The investigation alleged that these parties conspired to illegally bypass campaign finance laws to funnel money to a Republican candidate challenging Vos in 2022.

Vos’ opponent in that race, Adam Steen, ran a Trump-backed challenge for Vos’ Assembly seat, losing by just a few hundred votes.

In the recommendations, the commission alleges county Republican parties directed donations to the Steen campaign that were larger than the maximum $1,000 allowed by state law.

While political parties are allowed to give candidates unlimited funds, the complaints allege individual donors earmarked donations to the party for Steen to get around the cap on individual donations.

Brandtjen — arguably Trump’s strongest ally in the Wisconsin state Legislature and a key proponent of his debunked claims the 2020 election was stolen in the Badger state — also backed Steen.

According to the commission, Brandtjen allegedly advised the Steen fundraising arm, and “played a role in facilitating contributions” from the Trump fundraising group Save America to the three county Republican parties.