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Analyzing the 2011 Wisconsin Supreme Court Election

by: Inoljt

Thu Apr 14, 2011 at 5:00 AM EDT


On April 5th, 2011 Wisconsin held an election to choose a Wisconsin Supreme Court nominee. The supposedly non-partisan election turned into a referendum on Republican Governor Scott Walker's controversial policies against unions. Mr. Walker's new law will probably be headed to the Wisconsin Supreme Court, and since the Supreme Court is elected by the voters Democrats saw one last chance to defeat his law.

The frontrunner was the incumbent justice, Republican David Prosser. The Democratic favorite was relatively unknown JoAnne Kloppenburg. The two candidates essentially tied each other, although Mr. Prosser has taken the lead following the discovery of 14,315 votes in a strongly Republican city.

Here are the results of the election:

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More below.

Inoljt :: Analyzing the 2011 Wisconsin Supreme Court Election
For a supposedly non-partisan election, the counties that Mr. Prosser won were almost identical to the counties that Republicans win in close races. There was essentially no difference.

A good illustration of this similarity is provided by comparing the results to those of the 2004 presidential election in Wisconsin. In that election Senator John Kerry beat President George W. Bush by less than 12,000 votes:

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It is pretty clear that this non-partisan election became a very partisan battle between Democrats and Republicans.

Nevertheless, there were several differences between this election and the 2004 presidential election.

Here is a map of how Mr. Prosser did compared to Mr. Bush:

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In most places Mr. Prosser is on the defence. He improves in his areas of strength by less than Ms. Kloppenburg does in her areas of strength. More Bush counties move leftward; fewer Kerry counties move rightward.

The great exception, however, is Milwaukee. In that Democratic stronghold Mr. Prosser improved by double-digits over Mr. Bush. Ms. Kloppenburg almost makes up the difference through a massive improvement in Madison (Dane County), the other Democratic stronghold, along with a respectable performance outside Milwaukee and its suburbs. But she doesn't quite make it.

Here is a good illustration of the importance of Milwaukee:

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As one can see, the two great reservoirs of Democratic votes belong in Madison and Milwaukee. Ms. Kloppenberg got all the votes she needed and more in Madison; she got far fewer than hoped for in Milwaukee.

Much of Mr. Prosser's improvement was due to poor minority turn-out.

Milwaukee is the type of Democratic stronghold based off support from poor minorities (Madison is based off wealthy white liberals and college students). Unfortunately for Ms. Kloppenberg, minority turn-out is generally low in off-year elections such as these.

Another example of this pattern is in Menominee County, a Native American reservation that usually goes strongly Democratic. In 2011 Menominee County voted Democratic as usual (along with Milwaukee), but low turn-out enabled Mr. Prosser to strongly improve on Mr. Bush's 2004 performance.

All in all, this election provides an interesting example of a Democratic vote depending heavily upon white liberals and the white working class (descendants of non-German European immigrants), and far less upon minorities.

--Inoljt, http://mypolitikal.com/

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Great post
Wow! Very interesting. It truly is phenomenal how much the minority vote (mostly black) can help Democrats--when they can get it. But so often, those people just don't vote! I am reminded of the 2008 US Senate election in Georgia. Because Obama was on the Presidential ticket black voters from Atlanta and its outskirts came to vote in swarms. The Senate election to reelect Saxby Chambliss (R) was very close--neither candidate reached 50%, and the Democrat was down by just 3%, which is truly amazing for Georgia. By state law, there was a runoff election in December, and this time, the minority vote did not appear because Obama had already been elected. Chambliss won by 15%.

This may be a major challenge for Democrats in the coming years, in that if they can figure out how to draw those people out on election day, they could really be an unstoppable force.


Nice post
I'm worried that the voter ID bill will make this level of turnout among minorities and especially college students the norm. I know that it's going to make GOTV on my campus drastically more difficult, and will probably at least halve our turnout numbers from 08. On the other hand, we have a lot more out of state students than a lot of schools in Wisconsin do.

not very likely
First, such strict voter ID laws will get overturned in courts...unless the government helps with providing the IDs. In which case, the whole "not being able to vote" thing doesn't happen, and you have nothing to worry about. Making it harder to vote is harder than it seems.

Second, it's not even law yet. It failed in the State Senate in February, and given the fear of recalls, there's a chance it won't become one now.


[ Parent ]
Actually it didn't fail in the State Senate
Voter ID has not even come up for a vote yet in the State Senate.  

Also, they are going to make the ID cards free.  The real issue is, is that good enough.  

For example, there are some colleges, perhaps even most of them, that do not have a DMV center within walking distance where a student could get an ID.  If a student does not have a car, you can make a case that the bill should be unconstitutional.  However, the courts have not yet ruled on this specific issue.  


[ Parent ]
you're nitpicking
It did come up for a vote back in February, but they couldn't pass it because any financial clauses needed the Democrats in IL. And doing it without the financial clauses is likely unconstitutional.

And yes, being free is fine. If the government informs them of this new law, and they will likely have to, they will have to get one. I personally believe that everyone should carry some form of government ID anyway, even when not voting.


[ Parent ]
The issue with the ID cards
Is that you can't get one if you have an out of state driver's license, which many students at my school have. I totally think this is an unconstitutional poll tax, but I'm pessimistic that the Roberts Court will agree with me.

[ Parent ]
There are certain
nonpartisan issues like this one that are simply unconstitutional under current law. The Roberts Court is likely to overturn it, as would any court.

Also, it would likely not go to the Supreme Court. It would likely go to a court circuit.

Such a confusing poll requirement is likely not allowed, and it would be a legal suit in an instant.

Remember, you are not the only one who cares. There are people out there with far more at stake with this than you.


[ Parent ]
I realize it wouldn't go directly to the Supreme Court
But either way, it will probably end up there, as there are at least four justices who would be willing to hear an appeal from either side.

It's gonna be a 5-4 ruling either way, but I'm pessimistic about how Kennedy will come down on this one because he ruled in favor of the Indiana ID law.

Just out of curiosity, which other provisions are in this law that weren't in the Indiana law that you think make it so much more likely to be found unconstitutional?


[ Parent ]
Two items
First of all, it is much harder to get a state issued ID in Wisconsin than it is in Indiana--there are three times as many DMV centers per capita in Indiana than there are in Wisconsin.

Second, the Indiana law allows student ID's at least from public universities.  The Wisconsin law specifically says that no student ID's are acceptable for voting, even from public universities.  This is quite a bit more restrictive than the Indiana law and could be read as an intentional attempt to discriminate against out of state students--which the courts have clearly stated are to be allowed to vote on their campus.  


[ Parent ]
I didn't realize the Indiana law allowed student IDs
Although student IDs from STATE universities wouldn't help much in my case. Hopefully the way this plays out is that by the time it get's thrown out, we've already taken back at least the state senate.

[ Parent ]
Thanks
This is very good analysis.


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