State v. Huff

769 N.W.2d 154 (2009)

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Nature of the Case

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Facts

This case arose out of a recall election in the Sixth Aldermanic District in Milwaukee that was held on April 3, 2007. A flyer bearing the disclaimer that it was 'paid for and authorized by citizens to re-elect Mike McGee, Jr,' the Sixth District incumbent, invited people to attend an 'election party' that promised 'Free! Food/Drinks' and explained that to be admitted a person 'must show vote sticker at door.' The election official testified that he was concerned that the flyer was promoting a potential violation of the election law, and that as a result, he contacted the City Attorney. Police instituted an undercover operation. An undercover agent Dodd met with D who told him that he would 'take me downtown to vote and that he was working for the McGee campaign, that he was taking people downtown to City Hall … to vote for McGee.' D drove him to City Hall and that when they arrived D told him to ''go up to the fifth floor and vote,'' and that D also told him: ''They'll give you something after you vote.'' Dodds testified that D paid him five dollars 'on the return from City Hall,' after Dodds showed D an 'I voted' sticker. Dodds also testified that when they returned to the store D told him that if he, Dodds, knew of 'anyone else that wants to vote in the election, the ballot, to tell them to come see D … everyone come see D regarding transportation and getting paid to go vote.' Dodds did not live in the Sixth Aldermanic District and could not have legally voted. The same set of events occurred with other undercover officers approached D to vote. D was tried and convicted on three counts of conspiracy. D appealed. D contends that the conspiracy was a legal impossibility in that none of the undercover officers could vote in the election because none lived in the district.