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Same Candidate, Two Parties: A Wisconsin Lawsuit Seeks to Revive Fusion Voting

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MADISON, Wis. — Voters in Wisconsin may encounter a unique scenario this Election Day if the controversial practice of fusion voting resurfaces within the state’s electoral framework.

A recent lawsuit aims to legalize this method, arguing that it could empower independent voters and give a voice to smaller political parties amid the growing polarization between Republicans and Democrats. This legal action comes just a few weeks after the Wisconsin Supreme Court election, an event marked by unprecedented spending and an influx of partisan activities.

Historically, fusion voting was prevalent in the 1800s, allowing candidates to appear on ballots as nominees from multiple political parties. While proponents claim it fosters a more inclusive political landscape, detractors argue that it can convolute the voting process and grant excessive influence to minor parties, compelling major-party candidates to seek endorsements.

At present, only Connecticut and New York utilize full fusion voting. Efforts to revive this approach are also underway in states like Michigan, Kansas, and New Jersey.

The lawsuit, spearheaded by the newly established group United Wisconsin, seeks judicial confirmation that minor parties possess the right to nominate candidates of their choice, even if those candidates have been nominated by the dominant parties. For example, in a fusion voting scenario, “John Doe, Democrat” could share the ballot with “John Doe, Green Party,” combining their total votes.

Dale Schultz, co-chair of United Wisconsin and a former leader of the Republican Senate majority, expressed the group’s desire to form a fusion political party that would cross-nominate candidates from major parties. He emphasized the need for the courts to affirm their constitutional right to choose their political allies.

The legal challenge against the Wisconsin Elections Commission, filed in the Dane County Circuit Court, contests a nearly 130-year-old state law prohibiting candidates from appearing more than once on the ballot for the same position, labeling it unconstitutional.

Schultz is among five plaintiffs, which also includes a former sheriff and a retired judge who previously served as a Republican state lawmaker.

Jeff Mandell, the president of Law Forward representing United Wisconsin, affirmed the public’s demand for more electoral choices, criticizing the entrenched two-party system as “calcified and deeply unstable.”

Fusion voting was a widespread practice in 19th-century America, allowing for more dynamic candidate nominations. Its significance is illustrated by the founding of the Republican Party in 1854, when various factions united in Wisconsin against the influence of major parties.

However, by 1897, the Republican Party had prohibited fusion voting in Wisconsin, a move aimed at diminishing the Democratic Party’s strength and curtailing the growth of alternative parties, which the lawsuit argues violates the equal protection clause of the state constitution.

Similar prohibitions on fusion voting emerged across the United States in the early 20th century, as major parties sought to limit the political clout of smaller parties and maintain dominance in the electoral landscape.

Source
abcnews.go.com

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