The Wisconsin State Elections Board decided Wednesday to send a petition against Milwaukee Alderman Michael McGee Jr. (District Six) back to the Milwaukee County Election Commission.

The petition, organized by 6th District resident ViAnna Jordan, seeks a recall election for McGee's seat. The commission allowed the recall to move forward Jan. 2, but expressed reservations about the petition's validity.

"It is clear that there has been widespread fraud, deception, irregularity, misrepresentation, untruths and other illegalities during the process of gathering signatures for this recall election," the commission's Jan. 2 statement read. It went on to say that despite these reservations, the commission couldn't legally invalidate the petition.

The state board decided yesterday that the Milwaukee commission used an illegal closed-door meeting to come to its original decision and "abused its discretion in certifying the petition."

Both McGee and Jordan were present at the state board's hearing in Brookfield Wednesday. Also in attendance were election commissioners who said they made a bad decision when they certified the recall.

"We're very pleased with the city and state elections board," said Mike Maistelman, McGee's attorney. "It's impressive that they came forward."

But Chris Kliesmet, executive administrator of the Citizens for Responsible Government Network, called the challenge "legal shenanigans."

"They were just covering their behinds," Kliesmet said about the commission's stating they made a poor decision.

CRG Network acts in a consulting capacity to citizen groups and gives pro bono advice to recall organizers.

The Election Commission will have to recertify the petition if the recall election is to take place. The commission was not given a deadline to either reverse or uphold its original decision.

Kliesmet said because the state did not give the commission a timeline for its decision, Jordan's only recourse may be to go to court.

"Ms. Jordan doesn't have the money to go before a judge," he said.

Jordan, who plans on running for McGee's seat if the recall happens, said in an e-mail that she went to Milwaukee Mayor Tom Barrett's office with a complaint about McGee in March.

"His assistant's response was, 'You all elected him,' " Jordan said.

While Jordan said she did not vote for McGee in 2004, she felt "we have the right under our democratic process to recall him."

On Oct. 3, Jordan entered a petition against the alderman and then had 30 days to collect 1,620 signatures of 6th District constituents who support the recall.

Jordan's organization turned in 2,923 signatures to the Milwaukee Election Commission on Nov. 29.

The commission verified enough signatures and certified the recall despite a statement from the commission that it found evidence of fraud and corruption in signature-collection methods, including deceiving the public about what the petition would accomplish.

Bob Spindell, Milwaukee election commissioner, said the commission did not want to certify the recall, but felt pressure to put its stamp of approval on the petition.

"I think when we issued the findings, we thought maybe we couldn't do anything, but the next group would," Spindell said.

McGee challenged the commission's decision and went before the State Elections Board in Brookfield to ask the board to block the recall election because of the county commission's concerns.

"The state board did the right thing," Spindell said. "But more importantly, it gave the commission guts."