Are 'Fake Democrats' Legal?

As the confusing array of Democrats — the real, the fake and the placeholders — emerge in the biggest recall elections in state history, the question being asked: Is it all legal?

The statute that governs elections states that "no person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which is intended or tends to affect voting at an election."

So, does having someone run as a Democrat who is really a Republican violate that statue?

The answer, according to state and Milwaukee County officials, is probably not.

For example, , a longtime Republican activist from Ozaukee County is running in the July 12 Democratic primary in the 8th Senate District recall election. She'll be running against Democratic state Rep. Sandy Pasch, who hopes to unseat incumbent Sen. Alberta Darling, a River Hills Republican, in the Aug. 2 general recall election.

Huber, who has a Darling campaign sign in her front yard, has consistently held leadership roles in the Ozaukee County Republican Party and recently contributed money to Darling's campaign. When asked about her candidacy, she refused to comment and directed a reporter to the state Republican Party.

Republicans running as Democrats have forced primaries in five other recall races in which GOP incumbent senators are being challenged.

Reid Magney, a spokesman for the Government Accountability Board, said his office has not received a complaint about "fake Democrat" violating the statute.

"We've had a lot of people ask us about that," Magney said. "Wisconsin does not register people by political party, so anyone can run in any primary without getting the permission of the party."

The open primary, where neither voters nor candidates have to register party affiliation, dates back to the turn of the century when Robert LaFollette was governor.

"They didn't want the lumber barons and the railroad barons or the party bosses to control who could run for office," said Magney, whose office oversees state elections.

Milwaukee County Assistant District Attorney Bruce Landgraf said most complaints based on the false representation law come during heated suburban aldermanic races.

"It's usually based on a development issue where one candidate says 'This is a good plan' and the other says it is not," Landgraf said. "How do you show that's a fact not an opinion?"

The Republican strategy to run fake Democrats to force a primary resulted in a Democratic countermove.

Fearing that some of the fakes would withdraw before the primary so they could concentrate that resources on fewer elections, the Democrats put up "placeholder" Democrats for the primaries — real Democrats who had no intention of actively campaigning. At the last minute, the placeholders dropped out and will not be on the ballot.

The primaries and the general elections in the nine senate districts will cost taxpayers close to $1 million, according to estimates.

Some critics have charged that the recalls should not be held because only malfeasance is a legitimate reason to recall duly election public official. The officials votes were legitimate political decisions, not malfeasance, they say.

Magney said that when asked about the legality of the strategies of both parties, he responds:

"We have to remind people that we have the First Amendment. We have to trust the voters and the media to sort things out."