Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Keep CounterPunch ad free. Support our annual fund drive today!

Why Wisconsin’s Assembly Vote Was Illegal


Early Friday morning, the Republican leadership of Wisconsin’s state assembly rushed through Governor Walker’s bill that would strip most unionized state employees of their ability to engage in collective bargaining. As is by now familiar, the vote opened and closed in a matter of seconds, leaving 28 members of the assembly uncounted in the vote, which passed by a 51 to 17 margin (all 51 in favor, it should be noted, were Republicans).

Progressive media outlets—who, to their credit, have expressed outrage at the underhanded tactics employed by the Republican majority—are already touting this as a victory for Walker. But this concession seems premature as a close inspection of the Wisconsin assembly rules suggests that the vote was illegal.

According to Assembly Rule 76 (6), “During a roll call vote, any member may raise the point of order that a member appears to be absent from the chamber but is shown as voting according to the roll call display boards. If the presiding officer rules the point of order ‘well taken’, the vote of the absent member may not be recorded.”1

The clear intent of the rule is to prevent error or fraud from occurring in votes taken in the state assembly. But exercise and enforcement of the rule also clearly requires that there be sufficient time during a vote for assembly members to register whether or not there is a discrepancy between votes recorded and the members physically present on the floor.

Opening and closing a vote within seconds clearly violates the intent for which Rule 76 (6) was designed and adopted. Wisconsin Democrats thus have good ground for throwing out last night’s vote.

ERIC JOHNSON-DeBAUFRE is a visiting lecturer at Boston University and an occasional contributor to CounterPunch.

Assembly Rule 76. Voting.$fn=default.htm

More articles by:

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine


Weekend Edition
October 21, 2016
Friday - Sunday
John Wight
Hillary Clinton and the Brutal Murder of Qaddafi
Jeffrey St. Clair
Roaming Charges: Trump’s Naked and Hillary’s Dead
John W. Whitehead
American Psycho: Sex, Lies and Politics Add Up to a Terrifying Election Season
Patrick Cockburn
13 Years of War: Mosul’s Frightening and Uncertain Future
Pepe Escobar
The Aleppo / Mosul Riddle
David Rosen
The War on Drugs is a Racket
Sami Siegelbaum
Once More, the Value of the Humanities
Mark Hand
Of Pipelines and Protest Pens: When the Press Loses Its Shield
Michael Hudson
The Return of the Repressed Critique of Rentiers: Veblen in the 21st century Rentier Capitalism
Brian Cloughley
Drumbeats of Anti-Russia Confrontation From Washington to London
Howard Lisnoff
Still Licking Our Wounds and Hoping for Change
Brian Gruber
Iraq: There Is No State
Peter Lee
Trump: We Wish the Problem Was Fascism
Steve Early
In Bay Area Refinery Town: Berniecrats & Clintonites Clash Over Rent Control
Peter Linebaugh
Ron Suny and the Marxist Commune: a Note
Andre Vltchek
Sudan, Africa and the Mosaic of Horrors
Keith Binkly
The Russians Have Been Hacking Us For Years, Why Is It a Crisis Now?
Jonathan Cook
Adam Curtis: Another Manager of Perceptions
Ted Dace
The Fall
Cathy Breen
“Today Is One of the Heaviest Days of My Life”
Susana Hurlich
Hurricane Matthew: an Overview of the Damages in Cuba
Dave Lindorff
Screwing With and Screwing the Elderly and Disabled
Chandra Muzaffar
Cuba: Rejecting Sanctions, Sending a Message
Dennis Kucinich
War or Peace?
Kristine Mattis
All Solutions are Inadequate: Why It Doesn’t Matter If Politicians Mention Climate Change
Jack Rasmus
Behind The 3rd US Presidential Debate—What’s Coming in 2017
Ron Jacobs
A Theory of Despair?
Gilbert Mercier
Globalist Clinton: Clear and Present Danger to World Peace
James A Haught
Many Struggles Won Religious Freedom
Kollibri terre Sonnenblume
Dear Fellow Gen Xers: Let’s Step Aside for the Millennials
Winslow Myers
Christopher Brauchli
Wonder Woman at the UN
James McEnteer
Art of the Feel
Lee Ballinger
Tupac: Holler If You Hear Him
Charles R. Larson
Review: Sjón’s “Moonstone: the Boy Who Never Was”
October 20, 2016
Eric Draitser
Syria and the Left: Time to Break the Silence
Jeffrey St. Clair
Extreme Unction: Illusions of Democracy in Vegas
Binoy Kampmark
Digital Information Warfare: WikiLeaks, Assange and the US Presidential Elections
Jonathan Cook
Israel’s Bogus History Lesson
Bruce Mastron
Killing the Messenger, Again
Anthony DiMaggio
Lesser Evil Voting and Prospects for a Progressive Third Party
Ramzy Baroud
The Many ‘Truths’ on Syria: How Our Rivalry Has Destroyed a Country
David Rosen
Was Bill Clinton the Most Sexist President?
Laura Carlsen
Plan Colombia, Permanent War and the No Vote
Aidan O'Brien
Mao: Monster or Model?