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

White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

The CLARITY Act crypto bill failed a procedural vote on Sept. 15, but it could return. Here's what it does, who would regulate crypto, and the Trump angle.

Richard Sharrocks / Getty Images

The CLARITY Act

The CLARITY Act

The CLARITY Act, which failed in a procedural vote on Sept. 15, and a new venture by the Trump family’s World Liberty Financial cryptocurrency company made us think it was time to write about the cryptocurrency legislation. Even though it’s not currently active, the bill could come back.

Keep ReadingShow less
Tattered American flag

Trump's "Restoring Truth and Sanity" order targets how museums and parks present slavery and racism. Why one writer says Americans should push back.

Nisian Hughes/Getty Images

Trump's Mendacious, Deceitful Rewriting of American History

History is made of two parts. One is indisputable facts and the other is the interpretation of those facts. The history of history is filled with varying interpretations of the basic facts, usually tinted by the perspective of the historian or commentator. That perspective can be the writer's political leanings, his philosophy, or any number of personal biases.

All historians, however, whether conservative or liberal, regardless of philosophy generally agree on the basic facts. For example, while there are fringe groups and individuals who deny that the Holocaust happened—that 6 millions Jews were killed by the Nazis—no reputable historian disputes that fact.

Keep ReadingShow less
First Amendment being torn

First Amendment text of the US Constitution ripped in half -- Freedom of Speech , Religion or Press unconstitutional concept

Getty Images

Lawsuit Says Press Access Is Essential to Democratic Accountability

When POLITICO, CNN, and MS NOW announced Monday that they were filing a federal lawsuit to restore their reporters’ access to the White House, they challenged more than the sudden and unexplained revocation of press credentials. They underscored a fundamental constitutional principle: a free press does not operate at the government's discretion.

According to their joint statement, the outlets are seeking urgent relief after the Secret Service denied their reporters entry to the White House complex on Saturday and confiscated their credentials. The action followed recent stories by these outlets examining the administration’s handling of classified documents and raising questions about transparency related to policy meetings. They wrote, “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

Keep ReadingShow less
The sky clears behind the U.S. Capitol after rainy weather

The sky clears behind the U.S. Capitol after rainy weather on Sept. 2, 2026, in Washington, D.C.

Finn Gomez / Getty Images

We Didn't Get This Angry Because Americans Changed: We Got This Angry Because Washington Did

Something unusual has happened on the opinion pages of The New York Times recently.

Three very different writers have described three seemingly different American problems.

Keep ReadingShow less