## Facts

- A Milwaukee recall election was held on April 3, 2007, with early voting available at City Hall.
- An election official found a campaign flyer advertising an “election party” offering free food and drinks and stating that admission required showing an “I voted” sticker.
- Law enforcement organized an undercover operation using officers who could not lawfully vote in the election district.
- Garrett L. Huff, a campaign worker, interacted with undercover officers at the election party on two occasions.
- Huff offered to escort two undercover officers to City Hall to vote and later gave them $5 each after they displayed “I voted” stickers.
- Huff also gave another $5 to a third undercover officer for bringing people to vote.
- Conversations during these events were recorded; the recordings were played for the jury at trial.
- Huff was charged with three counts of conspiracy to commit election bribery and was convicted by a jury.
- The written judgment contained a clerical error referencing the wrong statutory subsection for election bribery.

## Issues

1. Whether a defendant may be convicted of conspiracy to commit election bribery when the alleged co-conspirators are undercover officers ineligible to vote, making completion of the target offense allegedly impossible.
2. Whether the trial court erred by not requiring a court reporter to transcribe audio recordings played to the jury.
3. Whether the evidence was sufficient to support three convictions for conspiracy to commit election bribery.

## Decision

- The court affirmed Huff’s convictions on all counts.
- The court held that impossibility is not a defense to conspiracy under Wisconsin’s unilateral conspiracy doctrine, even when the other participants are undercover officers incapable of committing the substantive offense.
- The court held there was no reversible error in the lack of a stenographic transcription of the audio recordings because the recordings were preserved in the record and permitted meaningful appellate review.
- The court held the evidence was sufficient for a reasonable jury to find the elements of conspiracy to commit election bribery beyond a reasonable doubt.
- The court remanded solely to correct the clerical error in the judgment’s statutory citation.

## Legal Principles

- Wisconsin follows a unilateral theory of conspiracy: the offense centers on the defendant’s intent and agreement to commit a crime, not on the actual criminal liability or capacity of the supposed co-conspirator.
- Legal or factual impossibility does not bar a conspiracy conviction where the defendant believes an agreement exists to commit the target offense and an overt act is taken toward that objective.
- For appellate review, a trial record is adequate if the underlying audio exhibits are preserved and accessible; an additional court-reporter transcription is not required in all cases.
- Evidence is sufficient if, viewed most favorably to the verdict, it permits a reasonable factfinder to conclude beyond a reasonable doubt that the defendant intended the target crime, agreed for its commission, and an overt act furthered the agreement.

## Conclusion

The court affirmed three conspiracy-to-commit-election-bribery convictions, holding that undercover officers’ ineligibility to vote does not create an impossibility defense under Wisconsin’s unilateral conspiracy doctrine, that preserved recordings can satisfy record requirements without transcription, and that the trial evidence supported the jury’s verdicts; the case was remanded only to correct a clerical statutory-citation error in the judgment.


State v. Huff, 2009 WI App 92, 319 Wis. 2d 258, 769 N.W.2d 154 (Wis. Ct. App. 2009)