MADISON, Wis. – On behalf of the aspiring centrist political party United Wisconsin, and a cross-partisan group of Wisconsin voters, Law Forward has filed a motion for summary judgment in Dane County Circuit Court, asking the court to declare Wisconsin’s ban on fusion voting unconstitutional under the Wisconsin State Constitution.
Fusion voting allows political parties to cross-nominate candidates that have the nomination of another party, with votes on each ballot line counted separately and then aggregated to determine the winner. Fusion voting was a fixture of Wisconsin elections from statehood until 1897, when state lawmakers buried a ban on the practice in a lengthy election administration bill, passing it without either floor debate or public discussion. The plaintiffs’ historical expert – report linked below — documented the centrality of fusion nominations in many Wisconsin election cycles from 1850 through 1896.
“Wisconsin’s fusion ban didn’t emerge from good-government reform, but was an act of partisan self-interest,” said Kristine Andrews, a former long-time Republican congressional staffer and now Executive Director of United Wisconsin. “Parties in power don’t want electoral competition from other parties, and so the long-standing practice of cross-nomination was banned, preventing minor parties from playing a constructive role in our politics. We need moderation in our politics, but voters are forced into only two warring camps. Protecting the major parties is not a compelling state interest. This ban is clearly in violation of the Wisconsin Constitution and must be overturned.”
“Today, at least one-third of Wisconsin voters, like me, don’t identify with either major political party,” said plaintiff David G. Deininger, a former Assembly Representative, Court of Appeals Judge, and Member of the Government Accountability Board. “This case is about whether the constitution protects the right of minor parties to organize and participate meaningfully, or whether a law passed to entrench partisan advantage gets to stand forever.” Deininger served in the Legislature as a Republican. He was elected Green County Circuit Judge in 1994 and was appointed to the Court of Appeals by Governor Tommy Thompson in 1996 and was twice re-elected.
“Domination by the two political parties is not working. And the third-party voice is being taken out of the equation,” said plaintiff Lee Rasch, Executive Director of the nonprofit organization LeaderEthics. “With most Americans deeply frustrated by toxic partisanship and legislative paralysis, fusion voting offers a practical, time-tested path forward. It empowers voters without forcing them into the rigid boxes of the two-party system. Banning the freedom to fuse violates the Wisconsin Constitution.”
The brief presses three independent constitutional grounds for striking down the ban — under Wisconsin’s free government clause, equal protection guarantee, and protections for free speech and association — and argues the ban fails even the most deferential legal standard.
“The state’s primary justification, that fusion confuses voters, is contradicted by decades of Wisconsin history, the experience of voters in states where fusion is legal, and contemporary social science research showing voters readily understand cross-nominated candidates,” said Jeff Mandell, President and General Counsel of Law Forward. “The ban is plainly unconstitutional, and we look forward to proving that in court.”
Read today’s briefs here:
Brief in Support of Plaintiffs’ Motion for Summary Judgement
Read our expert reports here:
Declaration of Plaintiffs’ Expert Professor Lisa Disch re: fusion and Wisconsin history.
Declaration of Plaintiffs’ Expert Dr. Barry Burden re: fusion and elections administration.
Declaration of Plaintiffs’ Expert Dr. Lee Drutman re: fusion and its impact on democracy.
United Wisconsin is a new cross-partisan organization interested in becoming a fusion-based political party, along with Wisconsin voters from both sides of the aisle. The case, United Wisconsin v. Wisconsin Elections Commission, was first filed April 28, 2025. Fusion voting allows candidates to be cross-nominated by multiple parties, ensuring that they represent a broad spectrum of voters; votes are tallied separately by party and then added together to produce the final result. Fusion voting allows minor parties to organize around policy issues and influence the political process without playing “spoiler” in elections or encouraging voters to “waste” their ballots on candidates with little chance of winning.
