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MADISON, Wis. -- A special election to fill an open Wisconsin Senate seat will determine whether Republicans gain a supermajority that would allow them to impeach Democratic Gov. Tony Evers and other office holders as well as move the GOP a step closer to overriding gubernatorial vetoes.
Voters on Tuesday will pick Democrat Jodi Habush Sinykin or Republican state Rep. Dan Knodl to represent Milwaukee's northern suburbs. The seat has been under Republican control for decades but came open in November after longtime incumbent Alberta Darling chose to retire after 30 years in the Senate. Evers scheduled a special election to fill the position to coincide with the state's spring Supreme Court election.
The stakes are huge. A Knodl win would give Republicans 22 votes in the chamber, enough to override gubernatorial vetoes if the state Assembly also votes to do so and enough to convict civil officers in impeachment trials.
Knodl denied accusations from Habush Sinykin that he would vote to impeach Evers if elected. He said in an email to The Associated Press that he has had success working with the governor.
Habush Sinykin said it's "essential" for Democrats to win the seat, saying impeachment isn't "just hypothetical."
"It's going to happen," she said. The election is "high stakes in every way for democracy, for the balance of power, to protect the governor's veto, to protect against these nonsense impeachment threats. Will this be a government where we don't have any checks or balances on the Legislature?"
Veto overrides, at least in the near future, appear unlikely. A successful override requires a two-thirds vote in both the Senate and Assembly and Republicans are two seats shy of the 66 they would need in the Assembly. But Democrats fear that if Senate Republican achieve a two-thirds majority their counterparts could launch a stealth override attempt during a floor session where two Democrats are absent.
Impeachment trials, though, could become a GOP tactic if Knodl wins.
Under state law, the Assembly can trigger a trial in the Senate with 50 votes. Conviction requires a two-thirds Senate vote. It's not clear who could be impeached, though. According to an analysis from the Legislative Reference Bureau, the state constitution says the Legislature can impeach "civil officers" but doesn't define that term.
The state Supreme Court has ruled that the constitution makes specific mention of the governor, lieutenant governor and judges as impeachable officers. The reference bureau analysis concludes that other constitutional officers such as the attorney general could be impeached as well.