WI ELECTIONS & ETHICS COMPLAINTS FILED: NELSON CAMPAIGN ACCUSED OF FALSE ENDORSEMENT IN MAILER

 

By Dr. Richard A. Busalacchi
Franklin Community News

Two formal complaints have now been submitted to state authorities regarding a campaign mailer distributed by the Friends of John Nelson committee to households across Franklin.

The complaints—filed with the Wisconsin Ethics Commission and the Wisconsin Elections Commission—allege that the mailer contains a false statement presented to voters as fact, along with additional misrepresentations about the nature of published materials.

Copies of both complaints have also been provided to the Milwaukee County District Attorney’s Office for Public Integrity review.

At the center of both complaints is a single, explicit claim printed on the mailer:

“ENDORSED BY BUSALACCHI”

In context, that statement refers to an alleged endorsement of John Nelson’s opponent, Basil Ryan.

That statement is false.

I did not endorse Basil Ryan—or any candidate.

As of this week, the race has further changed with former Franklin Mayor Steve Olson announcing a write-in candidacy, underscoring the evolving nature of the election and further highlighting the inaccuracy of any claim of endorsement.

BACKGROUND: “FAKE NEWS” — WITHOUT A SINGLE CORRECTION

This filing does not occur in a vacuum.

For months, Mayor John Nelson and others have publicly dismissed Franklin Community News as “fake news,” while continuing to attack its reporting.

In response, prior reporting challenged those claims directly:

• Identify one false statement

• Provide a correction

• Show the evidence

That has not happened.

Instead, the pattern has been:

• Label reporting as “fake”

• Avoid addressing specific facts

• Attack the source rather than the record

The current mailer represents a shift from rhetoric to something more concrete:

👉 A printed claim delivered to every household as fact

TWO COMPLAINTS — TWO LEGAL TRACKS

While both complaints arise from the same mailer, they address different areas of Wisconsin law.

ETHICS COMMISSION COMPLAINT (CHAPTER 11)

False Attribution in Campaign Communication

The complaint filed with the Wisconsin Ethics Commission focuses on campaign communication law, specifically:

👉 Wis. Stat. § 11.1303

This statute prohibits false representations in campaign communications, including falsely attributing endorsement or approval.

The complaint alleges that:

• The mailer explicitly attributes an endorsement that did not occur

• The statement is not implied—it is direct and unambiguous

• The use of my name creates a false impression of political support

The complaint further notes that:

• A campaign disclaimer does not excuse false statements

• Wisconsin law explicitly provides that disclaimers do not shield false or misleading representations

This filing asks the Ethics Commission to determine whether the campaign violated state campaign communication laws.

ELECTIONS COMMISSION COMPLAINT (CHAPTER 12)

False Representation Affecting an Election

A second complaint has been filed with the Wisconsin Elections Commission under:

👉 Wis. Stat. § 12.05

This statute prohibits knowingly making a false statement pertaining to a candidate that is intended or tends to affect voting at an election.

The Wisconsin Elections Commission has authority under Wis. Stat. § 5.05 to investigate such matters, issue subpoenas, and pursue enforcement actions.

KNOWLEDGE AND CONTEXT MATTER

The mailer does not simply make a claim—it also states:

“Residents deserve background information on retaliation brochure”

This language shows the mailer was created in direct response to a publication associated with me.

That matters.

Because it demonstrates:

• The campaign was aware of the publication’s content and nature

• Despite that awareness, it still printed:

  “ENDORSED BY BUSALACCHI”

The Elections Commission complaint states that this supports a reasonable inference that the statement was made:

• With knowledge of its falsity, or

• With reckless disregard for the truth

WHAT THE PUBLICATION ACTUALLY WAS

The publication referenced in the mailer was an informational advocacy card distributed to Franklin households, and it included the Franklin Community News name and logo.

It was based entirely on:

• Public records

• Court filings

• Police reports

• Verified media sources

Under Wisconsin law, this type of communication constitutes issue advocacy, not voter advocacy.

Issue advocacy provides information about public officials or public matters but does not advocate for the election or defeat of any candidate.

By contrast, voter advocacy—also known as express advocacy—includes communications that explicitly urge voters to support or oppose a candidate using language such as “vote for,” “elect,” or “defeat.”

The publication at issue did not contain any such language and did not instruct voters how to vote.

Accordingly, it was informational in nature and did not constitute an endorsement of any candidate.

The campaign mailer’s statement “ENDORSED BY BUSALACCHI” misrepresents that distinction by converting informational content into a false claim of political endorsement.

WHY THIS MATTERS

This is not about political disagreement.

It is about whether campaign communications sent to voters are accurate.

When a mailer:

• Attributes an endorsement that did not occur

• Misrepresents the nature of documented information

• Presents those claims as fact

…it raises legitimate legal and public accountability questions.

ADDITIONAL REVIEW — PUBLIC INTEGRITY

In addition to the filings with state agencies, copies of both complaints have been provided to the Milwaukee County District Attorney’s Office for Public Integrity.

This allows for review of whether the conduct described may also implicate enforcement under Wisconsin law beyond administrative proceedings.

POTENTIAL CONSEQUENCES UNDER WISCONSIN LAW

Under Wisconsin law, violations related to campaign communications and election conduct may result in:

• Administrative enforcement actions by the Ethics or Elections Commission

• Civil forfeitures or penalties

• Referral for further review where appropriate

Under Wis. Stat. § 12.05, false representations affecting an election may also be subject to penalties under Wis. Stat. § 12.60, including fines of up to $1,000, imprisonment of up to 6 months, or both, where applicable.

Any determination regarding violations or enforcement rests with the appropriate state authorities following review.

WHAT HAPPENS NEXT

Each complaint now proceeds on its own track:

• The Ethics Commission will review whether the mailer violates campaign communication laws under Chapter 11

• The Elections Commission may investigate whether a false statement affected voters under Chapter 12

Both agencies have authority to:

• Conduct investigations

• Request records

• Pursue enforcement actions

FINAL POINT

This ultimately comes down to a single, verifiable issue:

A campaign mailer told voters:

“ENDORSED BY BUSALACCHI”

That statement is not true.

The question now before state authorities is whether that matters under Wisconsin law.

FULL COMPLAINTS AND SUPPORTING DOCUMENTATION

For full transparency, copies of the filed complaints and supporting materials are available for public review:

• Wisconsin Ethics Commission Complaint (Chapter 11 — False Attribution):

  👉 Nelson Ethics Commission Complaint

• Wisconsin Elections Commission Complaint (Chapter 12 — False Representation):

  👉 Nelson Election Commission Complaint

Readers are encouraged to review the filings and underlying records directly.

This piece reflects the author’s personal opinion and experiences. All statements are presented as commentary protected under the First Amendment. Readers are encouraged to review public records, filings, and documented evidence referenced throughout this article.

Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.

🕯️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.

Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.

Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.

💬 If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.

Together, we can keep local government honest, transparent, and accountable 

— for the greater good.

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