Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Wisconsin election takeover threatens our republican form of government

Wisconsin Sen. Ron Johnson's push for legislative control of elections is a blatant conflict of interest, according to the authors.

Sen. Ron Johnson and others

Alex Brandon-Pool/Getty Images

Johnson and Vanderklipp are, respectively, the executive director and research fellow for the Election Reformers Network and the co-authors of “ Nonpartisanship Works: How Lessons from Canada Can Reestablish Trust in U.S. Election Administration.”

Wisconsin Sen. Ron Johnson has repeated the call for his state’s legislature to seize control of the Wisconsin Elections Commission. Although a takeover won’t happen with Democratic Gov. Tony Evers holding the veto pen, this proposal increases a dangerous trend of partisan legislative micromanagement of elections. This threat to fair elections needs to be spotlighted and nonpartisan alternatives pursued instead.

Fundamentally, state legislatures reflect the interests of the political party in the majority, so Johnson’s proposal is tantamount to control of elections by an organization fielding candidates, a blatant conflict of interest and a hugely unfair advantage for incumbents.


Many legislatures already exert far too much control over election administration and rule-making. In 2021, legislatures have passed election laws at an absurd level of controlling detail, limiting not only dropboxes and voting by mail, but also whether voters in line can receive a drink of water. Redistricting led by legislatures, rather than independent commissions, allows lawmakers to help themselves win re-election and help their party win a majority of seats without a majority of votes.

Yes, the Constitution gives legislatures (and Congress) the power to prescribe “the time, place and manner” of federal elections, but the Supreme Court has rightly ruled that setting the rules for elections, not running them, is a lawmaking function.

The Constitution also requires the federal government to guarantee a “republican form of government” in the states, and it is not an exaggeration to say a state with party-controlled elections has lost that status. A republic is defined by elections that reflect the will of the people, not the will of the people already in office.

The underlying dispute in Wisconsin arose when the Elections Commission issued voting rules to comply with Covid-related public health orders that conflicted with state law. Johnson and others argue any breach of the law must be punished. The real culprit, however, is tightly prescriptive lawmaking in a complex area of public administration. Police commissioners, housing authorities and school superintendents all need latitude to find the best means to achieve policy goals in an unpredictable world. The same is true of election administrators.

A study we released this week illustrates how this needed flexibility is working just across the border from Wisconsin, in Canada. There, top provincial and territorial election officials have wide discretion to amend election provisions to meet the exigencies of the situation. The election code of Yukon, for example, says “the chief electoral officer may extend the time for doing any act; increase the number of election officers or polling stations; or otherwise adapt any of the provisions of this Act to the extent the chief electoral officer considers necessary to ensure the execution of the intent of this Act."

Both liberal and conservative governments in Canada have supported provisions like this in the 13 provinces and territories, and at the federal level.

Where Canadian laws are less flexible is in requiring these officials to be nonpartisan. Chief electoral officers must not actively affiliate with or endorse a party or candidate, and in seven provinces they are not even allowed to vote. Our study finds that this nonpartisanship has created a kind of virtuous circle. Increasing recognition of the neutrality of these officials has led to increasing willingness of lawmakers to entrust them with greater authority.

In the United States, that circle is turning in the opposite, and more vicious, direction. No U.S. state has election leadership structured for nonpartisanship, and states like Texas, Georgia and Arizona are pulling back the limited decision-making allowed to secretaries of state and state election boards. The impact of this mistrust can be seen in the 500 lawsuits filed over election laws implemented for Covid; in Canada, there appear to have been only three.

Nonpartisan election administration came about in Canada not because everyone gets along — they don’t — but from an “enough is enough” reaction to a blatantly manipulated election in 1917. Canada’s parties disagree over election security and voter access, and the most recent conservative government enacted a national voter ID. But no one disputes the value of nonpartisans in charge, or proposes a political party takeover of elections.

“Enough is enough” probably sums up the thinking of many in Wisconsin as well. What’s needed there, and in all states, is election leadership constitutionally required to act in a nonpartisan manner and constitutionally protected from legislative overreach. That won't be easy to achieve, But the alternative, as proposed by Johnson, would wreck the republican form of government in the state. The only way left for Wisconsin out of its partisan death spiral is to recognize that nonpartisanship works in many other countries, and to put it in place here.


Read More

ICE agent

Ice Police Law Enforcement Investigation and Department of Justice Customs Immigration Enforcement

Getty Images

I Believe in Immigration Enforcement. But, What Happened to TK Should Concern Us All.

TK was born in Guatemala in 1962. He arrived in the United States in 1965, at the age of three, as a lawful permanent resident with his immigrant mother and American stepfather. For the next 61 years, he lived what most people would recognize as an American life.

TK grew up in American schools, graduated from a Texas high school and attended college. As a child, his classmates struggled to pronounce his given name, Enrique. They began calling him “Keke,” a nickname that eventually became “TK”—the name he has been known by ever since. He married, raised three daughters, divorced, and eventually remarried, all in the US. Today, he is a grandfather and a successful businessman whose life has been rooted in this country since the age of three.

Keep ReadingShow less
Flock camera

A Flock camera monitors passing traffic in Miami, Florida.

(Photo by Joe Raedle/Getty Images)

Flock Cameras and ALPR technology: We shouldn't trade privacy for the false promise of public safety

As corporations, politicians, and tech bros usher in the era of artificial intelligence (AI), our community members continue to fight back against AI's incorporation into daily life. Particularly when it comes to opposing Automated License Plate Readers (ALPRs).

ALPRs are becoming so sophisticated, with more AI components, that they cannot only surveil us using our license plates and the make and model of our car, but also increasingly distinguish how we dress and look, using AI to profile us into a large-scale database for future reference.

Keep ReadingShow less
A woman protesting holds a sign that readds, "Our Raise! Labor Safety Costs, surrounded by other people.

Uber drivers participate in a rally outside of the Uber Headquarters on January 05, 2023 in New York City. Uber drivers in NYC participated in a 24-hour strike outside of the company's NYC headquarters

Michael M. Santiago/Getty Images

21st-Century Gig Workers Need Portable Benefits

In recent years, the US labor force has been undergoing a fundamental transformation. In today’s "Uber economy," gig workers, freelancers, contractors, temps, permatemps, remote workers after COVID, and so-called “independent workers” have been championed by Silicon Valley and Wall Street as the “new way to work”—the wave of the future, especially with AI changing the nature of work itself.

Many US consumers have driven in an Uber taxi, but don’t realize that most drivers earn below minimum wage after accounting for vehicle expenses, gas, maintenance, and unpaid time waiting for passengers. Those drivers are so-called “independent contractors,” so the billion-dollar Uber is not responsible for providing healthcare, Social Security contributions, workers' compensation, or unemployment compensation, not to mention sick leave or vacation pay.

Keep ReadingShow less
 Little kids playing with colorful wooden building blocks on the table

Colorado, Maui County, and Washington State are connecting early childhood services and putting families at the center. Here’s what worked and why.

Lourdes Balduque/Getty Images

Community Partnerships Build Systems for Early Childhood Success

In Colorado’s San Luis Valley, a family looking for developmental support for their toddler may drive over an hour to reach a specialist, if one is even taking new patients. In too many communities across the country, like the San Luis Valley, the problem isn’t that services don’t exist. It’s that pediatricians, childcare providers, and mental health professionals are all working toward the same goal, but may not be working together.

When families have to navigate a maze of disconnected programs and providers, children start to miss opportunities for timely developmental support. Not because communities don’t care, but because the systems around them were never built to function as one.

Keep ReadingShow less