Fusion voting: The bipartisan push to bring it back to Wisconsin

MADISON, Wis. (CBS 58) -- Wisconsin voters could see the same candidate appear more than once on their ballot under a new bipartisan effort.

It's called fusion voting, which allows candidates to run for more than one political party.

On Tuesday, a lawsuit was filed against the state elections commission seeking to legalize the practice in Wisconsin.

Supporters believe fusion voting would even the playing field by giving voters, independent and third-party candidates more say in elections.

Opponents, however, say the practice would confuse voters by seeing the same candidate multiple times on the ballot while also giving minority parties an unfair advantage over the two-party system.

United Wisconsin, a bipartisan group of Republicans and Democrats, are pushing to reinstate fusion voting after it was banned in the late 1800's.

Jeff Mandell, an attorney with Law Forward, is representing United Wisconsin in the lawsuit filed in Dane County court. They're asking the court to overturn the 130-year-old ban on fusion voting, arguing it's a constitutional right.

"More and more people feel, when they look at their ballot, they don't like their choices and this is a way to bring our politics up to speed," said Mandell. "To give people more voice, more control and options by building more political parties."

How Fusion Voting Works

For example, John Smith could represent the Democratic Party on the ballot while also appearing on the same ballot as John Smith with the Green Party.

Then, all of Smith's votes would be combined or fused together for a grand total.

Fuse voting, also known as cross-nominating, is currently used in New York and Connecticut.

Advocates are also seeking to expand it in Michigan, Kansas, and New Jersey.

When Was Fusion Voting Legal?

Fusion voting was once universal throughout the U.S. during the later half of the 18th century, when more than one political party could nominate the same candidate on the ballot.

Prior to the Civil War, the practice was believed to have empowered the anti-slavery movement with the creation of different parties.

During this period, minority parties were able to succeed at the ballot box until the practice ultimately contributed to the formation of the Republican Party.

Republican lawmakers acted to ban fusion voting in 1897 after the system became a threat, as described in the lawsuit.

Supporters vs. Opponents

Advocates cite several benefits to fusion voting, including allowing minority parties to have a place on the ballot without acting as a spoiler, encouraging major-party candidates to appeal to different voters, and boost voter turnout.

Meanwhile, opponents argue the system is unconstitutional because it violates the one person, one vote rule. They also maintain fusion decreases the level of competition by allowing smaller parties to benefit from the larger ones.

Critics, including the Republican Party of Wisconsin, also believe it would lead to voter confusion.

"The same name appearing multiple times on the ballot will result in people not knowing who they are voting for," said Brian Schimming, chairman of the state GOP party. "I actually think it's a recipe for confusion for voters."