Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Timely mail vote wins, Greens lose in bipartisan Wisconsin top court ruling

voting in Wisconsin
filo/Getty Images

Profound election complications have been averted in Wisconsin thanks to its judicial system, an exception to the trend of court decisions making voting during the pandemic more problematic in presidential battlegrounds.

Wisconsin's Supreme Court, which pushed the state's election toward fresh chaos last week, reversed course on Monday. The justices ruled the Green Party's ticket will not appear on the ballot, meaning more than a million vote-by-mail packets can be distributed and won't be delayed by a massive and expensive reprinting — and that thousands more ballots already delivered won't need to be replaced.

While the decision was an unexpected judicial victory for the cause of a smooth and comprehensive election despite the coronavirus — the good-governance movement's overriding objective for the year — it was a defeat for a long-term goal of many of those same democracy reformers: breaking the two-party duopoly, which is behind so much governing dysfunction, by propping up independent and outsider campaigns.


So far Green nominee Howie Hawkins, a retired Teamster, and running mate Angela Walker have qualified for the ballot in only about half the states, meaning they are mathematically out of the running. But their progressive presence is nonetheless concerning to Democrats, who worry the Greens could take enough votes away from Joe Biden in a few tossup states to provide President Trump a narrow path to victory. For the same reason, law firms and donors aligned with the GOP have been working to get the Greens more ballot access.

Green candidate Jill Stein took 31,000 votes in Wisconsin in 2016, when Trump secured the state's 10 electoral votes by less than 23,000 votes.

The high court ruled 4-3, with the justices deviating slightly from their usual lockstep party-line votes in election cases. One Republican, who had joined the all-GOP majority that called a halt to the ballot printing Thursday, joined the three Democrats in deciding Hawkins and Walker had waited too long to file their appeal. The state Elections Commission denied them placement on the ballot four weeks ago because of address discrepancies on their petitions.

Reversing that decision now, the court said, would cause "confusion and undue damage to both the Wisconsin electors who want to vote and the other candidates in all the various races on the general election ballot."

The decision signaled a similar fate for another outsider appealing his exclusion from the ballot, rapper Kanye West.

The ruling also means that the local clerks who run elections across the state can meet Thursday's state deadline for beginning to send out mail-in ballots, and Saturday's federal deadline for sending them to Wisconsinites overseas or in the military.

Applications have already been received from three of every eight voters in the state — more than 1 million in total, smashing Wisconsin's records for absentee voting. At the time the court put a hold on the process, packets of ballots and return envelopes had already been prepared by local clerks to fulfill more than a third of those requests, at least 378,000, the Wisconsin Election Commission estimated. At least 75,000 had already gone out the door.

Local election administrators had flooded social media with worry that they would not be able to find printers, let alone the money to pay them, had the high court ordered all new ballots that included the Hawkins-Walker ticket.

Monday was also the first day when local officials in another battleground, Pennsylvania, would normally be allowed to send out absentee ballots. But they could not, the state said, until there's resolution of lawsuit in which the Democrats are arguing against putting the Green candidates on the ballot. They will also be left off the ballot in Montana after Supreme Court Justice Elena Kagan denied their appeal Monday night.

The surprise vote on the Wisconsin Supreme Court came from Brian Hagedorn, who had been counsel to the previous governor, Republican Scott Walker.

While he unexpectedly reversed the course of what had looked, as recently as Thursday, like a totally partisan legal dispute, two other court decisions with partisan overtones that have restricted voting in other swing states in the past week look highly unlikely to be reversed in the seven weeks before Election Day.

A federal appeals court ruled Friday that an estimated 774,000 Floridians who have completed felony sentences will have to pay fines and fees before being allowed to vote. The decision reversed a lower court ruling that said the state's law to that effect, enacted after a referendum in 2018 returned the franchise to most people with serious criminal convictions, was akin to an unconstitutional poll tax.

And another federal appeals court on Thursday upheld a state law in Texas that allows no-excuse voting only for people older than 65, which the Democratic Party argues is illegal age dicrimination against younger voters.


Read More

Trump’s Anti-Latino Racism is a Major Liability for Democracy

Close-up of sign reading 'Immigrants Make America Great' at a Baltimore rally.

Trump’s Anti-Latino Racism is a Major Liability for Democracy

Donald Trump’s second administration has fully clarified Latinos’ racial position in America: our ethnic group’s labor, culture, and aspirations are too much for his supporters to stomach. The Latino presence in America triggers too many uneasy questions (are they White?), too many doubts (are they really American?), and too much resentment (why are they doing better than me?).

Trump’s targeted deportations of undocumented Latinos, unwarranted arrests of Latino citizens, and heightened ICE presence in Latino neighborhoods address these worries by lumping Latinos with Black people. Simply put, we have become yet another visible population that America socially stigmatizes, economically exploits, and politically terrorizes because aggrieved White adults want to preserve their rank as our nation’s premier racial group. The cumulative impacts are serious: just yesterday, an international panel of investigators on human rights and racism, backed by the U.N., found that such actions have resulted in “grave human rights violations.”

Keep ReadingShow less
Just the Facts: The SAVE Act and the Future of Voter ID Rules
A close up of a window with a sticker on it
Photo by Zach Wear on Unsplash

Just the Facts: The SAVE Act and the Future of Voter ID Rules

Last week, I wrote a column in the Fulcrum entitled “Just the Facts: Voter ID, States’ Powers, and Federal Limits.” The facts presented in that writing made it clear that the U.S. Constitution does not require voter ID and left almost all election administration—including voter qualifications—to the states. However, over time, constitutional amendments and federal statutes have restricted states’ ability to impose discriminatory voting rules, but they have never mandated voter ID.

The SAVE America Act

The national debate over voter ID has entered a new phase with the introduction of the SAVE America Act, the most sweeping federal voter‑identification and citizenship‑documentation proposal in modern history. For more than two centuries, voter eligibility rules—ID included—have been primarily a matter of state authority, bounded by constitutional protections against discrimination. The SAVE America Act would shift that balance by imposing federal requirements for both photo identification and documentary proof of citizenship in federal elections.

Keep ReadingShow less
Posters are displayed next to Sen. Ted Cruz (R-TX) as he speaks at a news conference to unveil the Take It Down Act to protect victims against non-consensual intimate image abuse, on Capitol Hill on June 18, 2024 in Washington, DC.

A lawsuit against xAI over AI-generated deepfakes targeting teenage girls exposes a growing crisis in schools. As laws struggle to keep up, this story explores AI accountability, teen safety, and what educators and parents must do now.

Getty Images, Andrew Harnik

Deepfakes: The New Face of Cyberbullying and Why Parents, Schools, and Lawmakers Must Act

As a former teacher who worked in a high school when Snapchat was born, I witnessed the birth of sexting and its impact on teens. I recall asking a parent whether he was checking his daughter’s phone for inappropriate messages. His response was, “sometimes you just don’t want to know.” But the federal lawsuit filed last week against Elon Musk's xAI has put a national spotlight on AI-generated deepfakes and the teenage girls they target. Parents and teachers can’t ignore the crisis inside our schools.

AI Companies Built the Tool. The Grok Lawsuit Says They Own the Damage.

Whether the theory of French prosecutors–that Elon Musk deliberately allowed the sexualized image controversy to grow so that it would drive up activity on the platform and boost the company’s valuation–is true or not, when a company makes the decision to build a tool and knows that it can be weaponized but chooses to release it anyway, they are making a risk-based decision believing that they can act without consequence. The Grok lawsuit could make these types of business decisions much more costly.

Keep ReadingShow less