The Wisconsin Supreme Court has accepted a lawsuit challenging the legality of Wisconsin’s state legislative maps. Two petitions for original action were filed in August, each asking the supreme court to bypass the typical trial and appellate court process and rule that Wisconsin’s current state legislative maps are unconstitutional.
Category: Politics
2023 Wisconsin Spring Election Results: Protasiewicz Defeats Kelly in Supreme Court Race
Wisconsin held its 2023 spring general election on April 4. Spring elections in Wisconsin are officially nonpartisan and include offices such as judges, mayors, local legislative bodies, and school boards. Several notable races and referenda were on the ballot this year, including an open seat on the Wisconsin Supreme Court.
Supreme Court Candidates Kelly, Protasiewicz Win Primary
In Wisconsin’s spring primary, held February 21, four candidates were on the ballot for an open seat on the Wisconsin Supreme Court. Former Justice Daniel Kelly, a judicial conservative, and Milwaukee County Judge Janet Protasiewicz, a judicial liberal, were the top two vote-getters. They will face off in the general election on April 4.
Gov. Evers Delivers 2023-25 Budget Address, Including Problematic New Ways to Sue Businesses
Gov. Evers (D) gave his third biennial budget address on February 15, unveiling his 2023-25 executive budget recommendations. He proposes an operating budget of $103.8 billion over the next two fiscal years, adding a net 816.55 full-time equivalent positions. For comparison, the 2021-23 state budget spent $87.5 billion with a net reduction of 174.19 FTE positions.
Supreme Court Candidates Discuss Philosophy and Key Cases at WisPolitics Forum
Currently, judicial conservatives enjoy a 4-3 majority on Wisconsin’s elected supreme court. Justice Patience Roggensack, a judicial conservative, is not seeking reelection, creating a vacancy which will decide control of the court. The race will be hotly contested, attracting a significant amount of attention. The top two vote-getters in the February 21 primary will square off in the general election on April 4. The four candidates for the open seat on the Wisconsin Supreme Court met for a candidate forum on January 9.
Gov. Evers Begins Second Term as GOP Legislature Considers Broad Tax Reform
Inauguration Day in Wisconsin took place on January 3. Democratic incumbents Gov. Tony Evers and Attorney General Josh Kaul began their second terms in office, while Sara Rodriguez was sworn in as the state’s new lieutenant governor. Inauguration Day also marked the beginning of the 2023-24 Session of the Wisconsin Legislature, and 31 new members were sworn in, nearly 25 percent of the Legislature’s total membership.
State Legislative Elections Update: Assembly Judiciary Chairperson Jim Ott Loses Re-Election Bid
State Senate Republicans have expanded their margin to 21-12 by picking up two Democrat seats (and assuming Republicans will successfully defend Senator Fitzgerald’s seat after he vacates it). Republican incumbents Sen. Pat Testin (R – Stevens Point) and Sen. Alberta Darling (R – River Hills) both won re-election and the parties split open seats with Republican Eric Wimberger beating Jonathon Hansen in a Green Bay area seat and Democrat Brad Pfaff defeating Dan Kapanke in a LaCrosse area seat. As expected, Republican Rob Stafsholt beat Democrat Patty Schachtner in her northwest Wisconsin district.
Karofsky Wins State Supreme Court Election
April 7 Election Results
One week after election day, Wisconsin spring election results were finally released on April 13. On the ballot on April 7 was the Democratic primary for president, a state Supreme Court seat, and many local races. Turnout was the highest for a spring election since 2016, when there were primaries for both Democrat and Republican presidential nominees.
Wisconsin Supreme Court: Liberal Dane County Circuit Court Judge Jill Karofsky beat incumbent conservative Justice Daniel Kelly in the race for Wisconsin Supreme Court with about 55 percent of the vote. When she is inaugurated to the bench in August, Karofsky’s addition will move the court from a 5-2 to a 4-3 conservative majority. The next Supreme Court election will not be until Chief Justice Roggensack is up for reelection in 2023.
Democratic primary: Vice President Joe Biden won the Democratic primary for president in Wisconsin. His opponent Sen. Bernie Sanders dropped out on April 8, the day after the Wisconsin election, making Wisconsin the last contested primary of the 2020 primary race. Biden had around 63 percent of the Wisconsin vote, and Sanders had about 32 percent. Biden gained the endorsement of both Sanders and President Barack Obama following his win in Wisconsin.
Constitutional amendment: Voters approved a constitutional amendment on victims’ rights. Known as Marsy’s Law, the constitutional amendment passed the Legislature for the second time in 2019 and now, with voter approval, becomes law. About 75 percent of voters voted in favor of the constitutional amendment.
Election Litigation
Wisconsin’s spring election on April 7 gained national attention as several lawsuits sought to make changes to in person and absentee voting in the midst of the COVID-19 pandemic.
Although the lawsuits were resolved the day before the election, it is expected that there will be more post-election litigation. Already, before election results were released, on April 13 a group of Milwaukee-area residents filed a class action lawsuit against the Legislature and the Wisconsin Elections Commission seeking a partial revote for the April 7 election and election changes for Wisconsin’s remaining elections in 2020. (Plaintiffs’ press release)
After Court Rulings, In-Person Voting Proceeds in Supreme Court Election
After rulings from the Supreme Court of the United States and the Wisconsin Supreme Court the night before election day upheld the April 7 date and absentee voting requirements, Wisconsin’s election for state Supreme Court proceeded with few changes. In-person voting was held, and absentee voter requirements were largely the same (though at record high numbers). Wisconsin’s spring elections included the race between incumbent state Supreme Court Justice Daniel Kelly and Judge Jill Karofsky, as well as the Democratic primary for president and many local offices. Results will not be released until April 13, the deadline for clerks to receive absentee ballots.
Background
As COVID-19 began spreading throughout the state, Wisconsin Gov. Tony Evers had initially maintained – and legislative leadership agreed – that the April 7 election in Wisconsin should not be moved. Instead, the Governor and other state and local officials encouraged voters to request absentee ballots. The Governor’s Office was also working with the Wisconsin Elections Commission and local election officials on obtaining sanitizing supplies to keep polling sites clean, obtaining more absentee ballots, recruiting poll workers, and addressing other issues related to the unusual circumstances of these elections.
As the election date came closer, local governments began putting pressure on the Evers administration to make changes to keep poll workers and voters safe. On March 22, a large group of local officials sent Gov. Evers and legislative leadership a letter asking for options to make holding elections easier on municipalities and voters in the midst of COVID-19.
On March 27, Gov. Evers called on the Legislature via Twitter to send absentee ballots to all Wisconsin voters. Legislative leadership said this would not be logistically feasible in time for the April 7 election. (Senate Majority Leader Fitzgerald statement. Assembly GOP statement.)
On April 3, Gov. Evers called for a special session of the legislature to make changes for the April 7 election, including: making the election mail-in only, sending ballots to all registered voters who have not yet requested one, and extending the time for ballots to be received to May 26. The Legislature gaveled in and out of the session without taking up any legislation.
State Lawsuit on Changing the Election Date
Despite stating multiple times that he could not and did not want to move the election date, on April 6, the night before the election, Gov. Evers issued Executive Order #74, moving the spring election date to June 9, 2020 and calling the Legislature into special session to address the election date. Under the order, voters could continue to request absentee ballots until then and ballots already submitted would be counted. Local elected office terms would be extended until the results of the June date were finalized.
Legislative leaders immediately filed an emergency petition for original action and motion for temporary injunction with the Wisconsin Supreme Court to block the Governor from moving the election (memo in support of the filings). Later the same day, the Supreme Court approved the Legislature’s motion, reinstating in person voting for April 7.
The 4-2 decision (split between the conservative and liberal justices) said the Governor does not have the constitutional or statutory authority to suspend the elections statutes. According to the court, the Governor’s emergency powers in Wis. Stat. § 323.12(4)(b) give him the power to suspend administrative rules, not statutes, in the name of public safety. The Legislature would have to give the Governor explicit authority to change statutes in the event of an emergency.
A dissent from Justices Walsh Bradley and Dallet argued that Wisconsin statutes do provide the Governor and the Department of Health Services the authority to implement emergency measures, including moving elections, during a public health emergency (see Wis. Stat. § § 252.02 and 323.12(4)(b). The dissent said the court should have upheld the executive order for the safety of Wisconsin voters.
Justice Daniel Kelly, who is on the April 7 ballot, did not participate.
Federal Lawsuit on Election Date & Absentee Voting Requirements
Also the night before the election, a major case in federal court regarding Wisconsin’s April election was resolved by the U.S. Supreme Court.
Three cases seeking changes to absentee voting for the April 7 election had been consolidated by a federal judge.
- The Democratic National Committee sought to move the mail-in registration deadline and waive voter ID requirements during the pandemic. (A federal judge had already extended the deadline to request a mail-in ballot to April 2.)
- The League of Women Voters sought to waive the witness signature requirement on absentee ballots during the pandemic.
- Another lawsuitfiled by Souls to the Polls, Voces de la Frontera and Black Leaders Organizing for Communities argued that minority voters will be disenfranchised if the Wisconsin Elections Commission does not move the April 7 election date.
The state Department of Justice, representing Gov. Evers, had submitted a brief asking that the court again extend the deadline for requesting an absentee ballot and relax witness signature requirements, among other recommendations, while still keeping in person voting on April 7.
On April 2 the judge ruled there would be no change to the election date, but absentee ballots could be received until April 13. Ballots postmarked after April 7 could still be counted, contrary to current law. The judge’s amended order noted that election results could not be made public until April 13. The judge declined to waive voter ID requirements.
The district court judge also waived the requirement for absentee voters to have their ballot signed by a witness, but this provision was overturned by the 7th Circuit Court of Appeals.
Republicans ultimately appealed to the U.S. Supreme Court. The night before the election, the U.S. Supreme Court overturned the district judge’s ruling. The decision says absentee ballots must be postmarked by April 7 and received by April 13. Ballots delivered in person must be delivered on April 7.
Other Lawsuits
The City of Green Bay filed a lawsuit against the Wisconsin Elections Commission, Gov. Evers, and Department of Health Services Secretary Andrea Palm, seeking to move the election date and switch to mail-in voting only. A federal judge dismissed the case on March 27.
The Republican Party of Wisconsin asked the Wisconsin Supreme Court to intervene in Milwaukee and Dane counties, where clerks have said voters may note their status as “indefinitely confined” to avoid voter ID requirements. A Supreme Court order barred election officials from giving such advice.
Election Day
With the lawsuits resolved, Wisconsin’s election day proceeded largely as planned. Gov. Evers deployed the National Guard to help where there are shortages of poll workers, and many local clerks took creative safety precautions to protect poll workers and voters.
On the ballot for Supreme Court was incumbent conservative Justice Daniel Kelly and liberal Dane County Circuit Court Judge Jill Karofsky. Read more about the candidates. Results will be available April 13.
JFC Removes Qui Tam Provision from Gov. Evers Budget
In its first executive session on the 2019-21 state budget on May 9, the Wisconsin Legislature’s Joint Finance Committee voted to remove a provision of Gov. Tony Evers’s budget that would have restored a private individual’s ability to bring a qui tam claim against a person who makes a false claim against the state.
Gov. Evers’ budget bill would have reinstated the qui tam law, not just for alleged Medicaid fraud, but for all state agencies. This policy provides an incentive for plaintiff attorneys to sue medical providers, pharmaceutical companies, and any other business contracting with the state, for alleged fraud. The proposal would allow the whistleblower and his or her plaintiff attorney to seek up to 30 percent of all of the damages, along with attorney’s fees and costs.
WCJC actively lobbied against the qui tam provision and were successful in convincing the Joint Finance Committee to remove the provision. WCJC met with key committee members and submitted a memo explaining why the law is unnecessary and would only benefit plaintiff attorneys.
At the May 9 executive session, the Joint Finance Committee also removed Gov. Evers’s proposal to repeal of provisions of extraordinary session legislation 2017 Act 369 including:
- The requirement that the legislature approve certain settlements and legal actions by the attorney general.
- The ability of the legislature to intervene in lawsuits involving the state.
- The ability of the legislature to obtain outside legal counsel.
- The definition and public transparency requirements for agency guidance documents.
- The requirement that agencies cite statutes supporting any interpretation of law they publicly provide.
- The ability of the Joint Committee for Review on Administrative Rules to suspend rules multiple times.
Altogether, the Joint Finance Committee removed a total of 131 policy items that had been proposed by the governor.
The Joint Finance Committee will continue voting on various agency budgets throughout May before sending their amended budget to the full legislature for approval.