When Did Wisconsin’s Vote Really Ever Matter?

Both major party presidential candidates in 2012 seem committed to spending time and money campaigning in Wisconsin, and a few pundits have even speculated that the upcoming election might be decided by the votes of the Badger State.

Local enthusiasm aside, how likely is it that Wisconsin’s electoral votes could actually decide the presidential election? Unfortunately, if history is any guide, not very likely.

Since their state’s admission to the United States on May 29, 1848, Wisconsinites have voted in 41 presidential elections, and the state has supported the winning candidate 32 times.

In ten consecutive elections from 1948 until 1984, the Badger state sided with the winning candidate, and had it not been for the surprising decision to support Dewey over FDR in 1948—after voting for Roosevelt by large margins in the three previous elections—the streak would have been 15 in a row.

However, in only one election—that of 1876—did Wisconsin’s votes actually matter, at least in the sense that in all the other elections, had Wisconsin gone with the losing candidate, the result would still have been the same.

The 1876 election was the closest election in American history, with a final electoral vote count of 185 votes for Republican Rutherford B. Hayes and 184 votes for Democrat Samuel Tilden. (Students of American history know that these totals were established only after the creation of a special electoral commission to sort out conflicting returns from several Southern states.)

Not only was the 1876 presidential election extremely close on a national level, it was extremely close in Wisconsin as well. Wisconsin voters cast 50.57% of their votes for Hayes, a percentage that only slightly exceeded the 48.19% of the votes cast for Tilden. (The remaining 1.24% went to minor party candidates.) Had Wisconsin cast its 10 electoral votes for Tilden instead of Hayes, the New York Governor would have won the election 194 electoral votes to 175.

There is actually little reason to be surprised that In no other election did the Wisconsin vote determine the outcome. While the popular vote in American presidential elections is often fairly close, in terms of the vote in the Electoral College, there have been very few close presidential elections in U.S. history. Given that Wisconsin’s number of electoral votes has never been greater than 13 and has been as few as 5, only a very close election could be decided by Wisconsin’s vote.

In fact, the only two other presidential elections since 1848 that could have been decided by the votes of a state the size of Wisconsin were the elections of 1916 and 2000. In 1916, incumbent president Woodrow Wilson defeated United States Supreme Court Justice Charles Evans Hughes by a margin of 277 to 254, in a year in which Wisconsin had 13 electoral votes. However, because Wisconsin supported Hughes, its votes did not affect the outcome of the election.

The same was true for the 2000 election in which George W. Bush edged Al Gore, 271 to 266, with Wisconsin casting its votes for Gore by a razor thin margin.

Of course it is possible that Wisconsin could make the difference. Were Mitt Romney to carry Indiana, plus all the Southern states except Maryland and Delaware and carry all the states west of the Mississippi River except Minnesota, New Mexico, Nevada, Washington, Oregon, and California, and carry Alaska, and were President Obama to carry all of the other states, the election would be decided by the candidate that carried Wisconsin.

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Obama and Baldwin Gain Support, New Poll Results Say

A new round of results from the Marquette Law School Poll points to shifts in public opinion in Wisconsin in favor of Democratic President Barack Obama and Democratic US Senate candidate Tammy Baldwin.

Obama was up 54% to 40% over Republican challenger Mitt Romney among likely voters interviewed from Aug. 16 to 19, according to the poll. Four weeks earlier, the Law School Poll found Obama up by 3 points over Romney, 49% to 46%.

The Democratic bounce in the Senate race was even larger. Four weeks ago, former Gov. Tommy Thompson, the Republican candidate, led Rep. Tammy Baldwin, the Democratic candidate, 50% to 41%. In the new results, it was Baldwin ahead by 50% to 41%.

Charles Franklin, director of the poll and the Law School’s visiting professor of law and public policy, said, “These are both very large moves in four weeks.” Other polls have also showed significant gains for Obama and Baldwin in Wisconsin in recent days.

Franklin said much of the movement in poll results came from shifts in sentiment among independents. But in a session with Mike Gousha, the Law School’s distinguished fellow in law and public policy, Franklin said that more changes in public opinion are likely before the Nov. 6 election.

For full results of the poll, click here. To view the video of Franklin’s conversation with Gousha, click here.

 

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The Constitutional Challenge to Act 10 is Serious

On Friday, Judge Juan Colas issued a ruling that struck down Act 10, the “Budget Repair Bill,” on the grounds that the law violates the Wisconsin and U.S. Constitutions.  In essence, he held that the law differentiates between entities that represent public employees in collective bargaining — imposing conditions on certain bargaining entities but not others – and that the State had failed to advance a sufficient justification for this disparate treatment.  According to Judge Colas, the differential treatment of bargaining entities violated the First Amendment right of the affected unions to association and expression, and it also violated the Equal Protection Clause.  Judge Colas also held that the law violates the Home Rule provisions of the Wisconsin Constitution by dictating rules for Milwaukee that the law did not apply to other municipalities.

The reaction to the ruling from the Walker Administration – that Judge Colas is a “liberal Dane County judge” — was as hollow as it was predictable.  Some supporters of the Governor view the judiciary as an obstacle to their political agenda.  Therefore, judges who do not agree with the Administration’s legal arguments become, in their mind, opponents who must be demonized (like Dane County Circuit Judge Maryann Sumi) or else targeted with frivolous disciplinary complaints.

Clearly, some supporters of the Walker Administration have a difficult time separating the political debate over Act 10 from the separate legal debate over its contents.

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