OK.
And neother did the Republicans break any laws, or disobey a judicial directive.
Judge Sumi ordered that the Wisconsin Secretary of State is restrained and enjoined from such publication [of the new law] until further order of this court." Secretary LaFollette has complied with that order.
And appropriately enough, since he had no responsibility to publish the law. In Wisconsin, the Legislative Reference Bureau was obligated to publish the law.
Sec. 14.38(10) provides that the Secretary shall provide to the legislative reference bureau of the act number and date of an enactment, and the designated date of publication of the act under s. 35.095. Secretary LaFollette did that, specifying the date of March 25, 2011. He had to provide that date (or an earlier one) because the law compels him to: Sec. 35.095(3)(b) says “…[t]he secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor’s partial veto. The date of publication may not be more than 10 working days after the date of enactment.”
So the Secretary doesn’t publish it. The LRB publishes it.
As for the idea that it’s not “official” until it’s published by a newspaper? I don’t think so: Sec. 991.11 says:
The publication in the state newspaper of record is required ten days AFTER the “date of the publication.”
So “publication” in 991.11 refers to the LRB publication, not the newspaper publication. The newspaper “publication” is ten days after the LRB publication, and it’s the LRB publication which causes it to take effect.
District Attorney Ozanne should have sued the LRB. He didn’t.
Now, does this “subvert the democratic process?” Arguably, yes.
But as I said when I supported the appropriateness of the Democratic walkout:
[quote]
This, too, is a perfectly legitimate tactic. If the OP is arguing that even though the Democratic lawmakers frustrated the legislative process by walking out, the Republicans should have bent over backwards to ensure an even-handed process, I disagree.
I said at the time that the Dems were perfectly justified in using the rules of the house to deny the Republicans a quorum. Now, by the same type of manuvering to the letter of the law, the Republicans are perfectly right to take advantage of an error on the part of the Democrats (and the judge!) on who to enjoin to prevent the law’s publication.