State of Elections

William & Mary Law School | Election Law Society

Tag: electoral fraud

Why Go to Wisconsin?

By: George Nwanze

While Gil v. Whitford, the Wisconsin gerrymandering case presently before the Supreme Court, may be absorbing all the legal intrigue, one previously litigated issue involving Wisconsin’s elections has gone unnoticed. Particularly, the state’s voter identification laws and the suppressive effects it has had on voter turnout.

In the aftermath of the 2016 election, perhaps the most common retort of the electoral upset was, “Wisconsin should have gone to Hillary Clinton.” Wisconsin was typically viewed as a reliable Democratic state in presidential elections, as the last time Wisconsin went for a Republican for president was in 1984. However, this assertion was more of a visceral reaction to what many view as a poor political decision, rather than something that the data actual bears out. Fortunately, a recently released study by the University of Wisconsin-Madison (UWM), sheds some light on whether it actually mattered if “she went to Wisconsin.”

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Massachusetts Rules against Ban on Lying in Campaigns

By: David Schlosser

Over the summer of 2015, a Massachusetts law banning lying in campaign ads was struck down by that state’s highest court. This decision mirrors that of an Ohio federal judge last year, a case previously covered on this blog by Sarah Wiley. Like the Ohio law, the Massachusetts law criminalized telling lies about candidates for political office, and was as on the books for several decades before being successfully challenged in court. The lawsuit arose when a Democratic state representative alleged that a right-leaning PAC lied in a campaign brochure. The brochure in question alleged that Rep. Brian Mannal sponsored a bill that would “help convicted sex offenders” because he—as a defense attorney who had represented sex offenders in the past—stood to profit. Mannal maintained that he never provided legal representation to sex offenders. One of the bills in question would make GPS tracking devices optional for sex offenders on parole, rather than mandatory. After filing the bill in 2013, Mannal reported that he received death threats.

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