Ahead of elections, Godfrey & Kahn shareholder asks for opinion on sale of polling data

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Ahead of the 2020 elections, a shareholder at Godfrey & Kahn has asked the Wisconsin Ethics Commission to provide an advisory opinion on the sale of polling research and other data.

Mike Wittenwyler, an administrative and regulatory attorney, said the firm often receives regulatory questions from vendors selling services involving polling research, opposition research and data collection.

He said he tells them that Wisconsin, unlike other states, has no specific statute or advisory opinion regulating the sale of such information. Instead, he and other attorneys interpret several statutes and state in a footnote that they’re merely providing an interpretation.

Wittenwyler asked the commission to issue an opinion he can share with these clients.

“We get the benefits as attorneys,” Wittenwyler said. “I know it’s kind of odd, but we’ve done it before, and it’s proven to be a valuable resource to have those opinions to share with others.”

One member of the commission asked, “If we issue this opinion, won’t you have less work to do?”

Wittenwyler said yes, but he said he thought clients would still want a legal memorandum.

“As much as you make a living from writing these memos, it’s not as good as a memo from you guys,” Wittenwyler said. “Our letterhead doesn’t carry the same weight as the ethics commission letterhead does.”

One commissioner expressed concern that the advisory opinion could be asking the commission to go beyond its statutory authority.

“All the elements of this are in the statutes. They’re just not in a single statute.” Wittenwyler said. “It’s kind of taking all these statutes and putting them together.”

Pat Strachota, commissioner, said it was a discussion for the commission to have with staff employees, rather than Wittenwyler. The next commission meeting is in March. Follow @WLJReporter