The property tax and school funding package negotiated between Democratic Gov. Tony Evers, Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Devin LeMahieu (R-Oostburg) passed the Assembly Wednesday night in a bipartisan vote, but died in the Senate after three Republicans joined all the Democrats in voting against the measure.

After the failed Senate vote, Evers criticized the legislators, and U.S. Rep. Tom Tiffany, the presumptive Republican gubernatorial nominee, for killing his deal.

“Wisconsin’s kids and schools aren’t going to get the investments they desperately need this year because Tom Tiffany and a few Republican and Democratic lawmakers chose to blow up a bipartisan plan to invest in our K-12 schools, lower property taxes, and help working families afford rising costs, all because they’d rather do what’s best for the next election than what’s right for the people of our state,” Evers said. “So many Wisconsinites feel left behind, frustrated, and disillusioned by politics these days because they think a lot of politicians in the Capitol are only here to serve themselves. And, today, they’re right.”

But Senate Majority Leader Diane Hesselbein (D-Middleton) said that if her caucus wins a majority in November, they will work to deliver relief to Wisconsinites with a better process.

“If Democrats are in the majority, I promise we’re going to steer a course to a Wisconsin in which our economy works for everybody, where schools are sufficiently funded and health care is affordable and accessible, and those decisions will be made out in the open,” she said. “And we will have robust discussions, and let’s be honest, arguments. What’s happening today is so reckless, so completely reckless. If we are in the majority, we will lead with compassion, strength, tolerance, collaboration and fiscal responsibility that brings security, not bankruptcy, to future generations.”

The late Wednesday night votes followed more than nine hours of deliberation. Although Democrats in both chambers had panned the bill, 10 Assembly Democrats voted yes when the roll call arrived, after an amendment by Republicans that included disaster relief funds for parts of the state damaged during last year’s August floods and expanded a property tax cut for disabled veterans. The final Assembly tally was 61-32.

Despite the amendment, however, the Senate, meeting more than six hours after it was initially scheduled to convene, voted 18-15 against the bill. Republican Sens. Rob Hutton, Steve Nass and Chris Kapenga joined the entire Senate Democratic caucus in opposition.

Assembly Republicans talk up deal

The  funding package announced this week by Evers, Vos and LeMahieu, all of whom are retiring this year, was held up for hours Wednesday afternoon while lawmakers worked to get enough votes in the Senate. 

During hours of debate in the Assembly Wednesday morning, Republicans were self-congratulatory about their bipartisan deal-making and appeared poised to pass the bill on a largely party line vote. But in the Senate, where Republicans hold a slimmer majority, Kapenga (R-Delafield) and Nass (R-Whitewater) signaled their opposition to the bill from the start, forcing the authors to try to persuade the two Republican holdouts or peel off Democrats.

Tiffany also opposed the bill and was in contact with state lawmakers about their votes this week.

Democratic lawmakers, frustrated that they were left out of the negotiating process while Evers made a deal that could give a lifeline to an Assembly Republican caucus — which polls show could be on the cusp of losing their majority  next year — criticized the deal-making process and complained that it was a “Band-Aid” solution for the structural problems facing the state’s schools and homeowners. 

“I know you’re all standing up and congratulating yourselves on giving more money to schools, and yes, that is good, but you don’t get a prize for boarding up a window that you broke in the first place,” Rep. Deb Andraca (D-Whitefish Bay) said. “This proposal is a turducken. A turkey that was put together by a bunch of lame ducks, by a Republican Legislature that is too chicken to confront the structural affordability and education issues facing this state.”

Republicans meanwhile repeatedly touted the bipartisan nature of the deal, the special education funding and property tax relief that they say will return the state’s budget surplus to the people. Several of the chamber’s most vulnerable Republicans, including Reps. Todd Novak (R-Dodgeville), Pat Snyder (R-Weston), Bob Donovan (R-Greenfield), Benjamin Franklin (R-De Pere) and Shannon Zimmerman (R-River Falls), were repeatedly given the microphone to tout their support for the bill. 

“It is about compromise. It is about balance,” Zimmerman said. “This is balanced government that we’re witnessing here today. I applaud Gov. Evers for working with us to advance this, and what you’re hearing is, ‘but it’s not great.’ It’s not great today. I’ll take good.”

Republicans also frequently said the bills would help Wisconsinites manage the economic strains currently facing the state — without noting that the administration of President Donald Trump, through its tariffs and war in Iran, are largely the cause of that financial pressure. 

“I think that sometimes some of the arguments that I heard from the other side, people need to remember, we are not congressmen. We are not U.S. senators,” Franklin said. “We are state representatives. And the focus should maintain on the state of Wisconsin what we’re doing here.”

The legislation would have added $85 million to reimburse local school districts for the cost of special education in the current school year and $230 million for the 2026-27 school year. A Legislative Fiscal Bureau memo estimated the additional funding would raise the state’s reimbursement rate this year to 42.7% and for 2026-27 to 50%, but added that the actual rate “could be higher or lower,” depending on actual costs.

When Wisconsin’s 2025-27 budget was signed in July, schools were told they would get 42% of their special education costs reimbursed for the current year and 45% in 2026-27. But in November the Department of Public Instruction announced that special ed costs and enrollment had both increased, so the first round of payments would only cover 35%.

Along with the additional special ed funding, the bill increased state aid to public schools by $302.5 million. Because of state revenue limits on school districts, the new state aid “would provide property tax relief but not additional resources for school districts,” according to the Legislative Fiscal Bureau memo.

The bill gave the state technical college system an additional $50 million in state aid starting in the 2026-27 school year, also to replace property tax revenue, not increase trade school budgets.

The legislation included a $300 state income tax rebate for individual taxpayers whose state tax bill was at least that much in 2024.

It also would have made tip income and overtime pay exempt from state income taxes, mirroring federal tax policies that have been enacted under President Donald Trump.

On the Assembly floor, Democrats argued that the package would turn the current surplus into a budget deficit within three years, that the tax rebates would barely be a drop in the bucket for struggling Wisconsinites and that the poorest residents of the state would get no relief. 

Rep. Angela Stroud (D-Ashland) noted that for the median homeowner in Wisconsin, the property tax relief would amount to just $8.91 per month. 

“That’s less than two gallons of gas today,” Stroud said. “Who knows how much gas will cost by then?”

Republicans repeatedly touted the bipartisan nature of the negotiations between Evers and Republican leadership, mocking the Assembly Democrats for not being kept in the loop while accusing them have having a “meltdown,” a “temper tantrum,” “Trump Derangement Syndrome” and putting a “knife” in Evers’ back for not supporting the deal. 

“Let’s find a consensus, because the people of Wisconsin expect us to do better than to just stand up and shake our fists,” Vos said. “Maybe today, some of [the Democrats] will be persuaded by their own governor. Believe it or not, I actually was, and I feel like I’m probably a more harsh critic than the people on the left. So if people on our side are willing to listen and compromise, why can’t you? Why can’t people on the left just one time put aside politics and say, ‘let’s do the right thing.’”

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The FBI has opened an investigation into Wisconsin’s 2020 presidential election, the Milwaukee Journal-Sentinel reported. 

President Donald Trump has frequently singled out Wisconsin’s election administration since he began attacking the 2020 election results following his loss to Joe Biden. In the years since, Wisconsin has become a hotbed of election conspiracy theories as well as a source of the mechanisms that led to the Jan. 6, 2021 attack on the U.S. Capitol. 

Numerous reviews, investigations and lawsuits have affirmed that Wisconsin’s 2020 election was conducted without fraud, malfeasance or abuse.

Since returning to office last year, the Trump administration has often worked to relitigate Trump’s 2020 election complaints, including efforts to obtain large amounts of voter data from the state. Other swing states that saw significant election denial after 2020 have been similarly targeted. 

The Journal-Sentinel reported that the FBI has begun a preliminary investigation of the election, which so far has largely included a reassessment of previous complaints. The newspaper also reported that the agency interviewed Wisconsin Elections Commission official Robert Kehoe about how the state’s elections work.

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All three members of the Public Service Commission criticized the lack of transparency from Meta and Alliant Energy during a meeting Thursday in which the body approved a contract for the social media giant to obtain power for its planned data center in Beaver Dam. 

Meta is in the process of spending more than $1 billion to construct a hyperscale data center campus that, when completed, would use six to eight times more power than the city of Beaver Dam’s current energy load. 

Like similar massive data center projects across the state, Meta’s Beaver Dam project has drawn opposition from local residents. For months, the project was shrouded in secrecy with Meta operating under the name Degas LLC. Opponents have complained about the lack of openness, the massive use of energy and the impact the construction and operation of the center could have on the community. 

PSC Chair Summer Strand said in her opening remarks she didn’t understand “why it needed to be this difficult” to achieve a transparent process. 

“To me, transparency is not a cliche, feel good, bare minimum, check the box concept,” Strand said. “If there’s one takeaway from our discussion and decisions today I want it to be clear that, whether you’re a large load customer coming into Wisconsin for the first time, or regulated entity familiar with our process, transparency — and by that I mean actual and real transparency — is the foundational expectation and a necessity.”

Commissioner Kristy Nieto said in her opening remarks Thursday morning that the case is one of the “most consequential” decisions the PSC has seen. 

“It bears repeating, existing Wisconsin customers should not pay a single cent to subsidize the service of data centers, not now and not decades from now,” Nieto said. “This means these very large customers must bear the full cost of the infrastructure required to serve them — generation, transmission and distribution — and that those costs must be fully and transparently assigned.” 

The three members of the commission lamented the redactions that had initially been made to the documents submitted in the case — which were later removed after objections from outside parties including members of the public, Clean Wisconsin and the Citizens Utility Board. 

The commissioners also decided that moving forward, hyperscale data centers constructed within Alliant’s territory must pay for and receive energy through a standardized tariff, rather than a one-off contract negotiated without public scrutiny. Late last month, the PSC made a similar ruling for large customers in WE Energies territory. 

Under the PSC order, Alliant will have to develop a tariff that applies for any data centers using more than 100 megawatts of energy. The Meta campus is expected to use 220 megawatts. 

“This is not going to be the last data center contract we see from this utility, and I will say Alliant needs standard guidelines and rules for its data center customers,” Nieto said. “A clear public tariff would create consistent, transparent rates and rules for future data centers, instead of handling each one through separate, confidential negotiations.”

While Alliant was ordered to develop a tariff rate for large customers, the PSC on Thursday approved the contract negotiated between Meta and Alliant with some modifications meant to insulate regular customers from bearing the costs of Meta’s energy use and any related infrastructure upgrades by Alliant. Nieto said denying the agreement while the tariff rate is developed would have allowed Meta to operate for up to a year without any guardrails, an outcome she said didn’t think would benefit anyone.

Brett Korte, a staff attorney with Clean Wisconsin, said the PSC putting a halt to the development of a case-by-case patchwork of data center energy deals in Alliant’s territory — which covers parts of more than a dozen Wisconsin counties — will protect Wisconsinites.

“Tariffs create a consistent, transparent framework that helps protect the public interest,” Korte said in a statement. “Without them, Wisconsin risks a patchwork system where costs and responsibilities are unclear and potentially shifted onto other utility customers.”

After the meeting, consumer advocacy and environmental groups were complimentary of the PSC’s actions.

“Today, the Public Service Commission highlighted the importance of transparency and oversight: accountability is a must, and it cannot be bypassed,” Britnie Remer, organizing director of climate advocacy group 350 Wisconsin. “The Commission also recognized that protecting Wisconsinites from subsidizing billion-dollar data centers needs to be front and center when it comes to these massive projects. With more data center proposals inevitable, requiring tariff filings in the future will ensure large energy customers pay for their costs, not our families and small businesses.”

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Early last month, the Wisconsin Department of Natural Resources announced a deal to add 100 acres to  Devil’s Lake State Park, expanding recreational opportunities at one of the DNR’s most popular properties. The move also calls attention to the dwindling life of the Knowles-Nelson Stewardship grant program that made the acquisition possible. 

The nearly 40-year-old stewardship grant program has long been a bipartisan success story, allowing the purchase and protection of hundreds of thousands of acres of land across the state. 

Growing opposition to the program within a subset of the Republicans in control of both chambers of the state Legislature — stemming from a combination of antagonism toward land conservation and concerns about the property tax base of Northwoods communities — stymied multiple legislative efforts to re-authorize the program beyond its set expiration at the end of June. 

The Devil’s Lake purchase marks what could be one of the last major actions of the stewardship grant program, which has allocated more than $1.2 billion to conserve more than 700,000 acres of Wisconsin land over its lifetime. 

The program had about $5.5 million remaining as of early April, according to DNR spokesperson Molly Meister. That money is divided into a number of categories, with $2.9 million earmarked for acquiring general easements — agreements with landowners that conserve and protect the land without transferring ownership — and $1.3 million set aside for general land acquisitions. Another $666,667 is meant for acquiring easements specifically for the Ice Age Trail, plus $8,333 for Ice Age Trail land acquisitions. An additional $600,000 is set aside for acquiring land for county forests. 

Meister told the Wisconsin Examiner in an email that the money set aside for the DNR to acquire land itself is expected to be fully used by the time the program expires, while the money set aside for easements will largely be used, but the exact amount is dependent on the agency finding interested landowners. 

“We are currently negotiating with landowners who have expressed a willing interest in selling their land to the department and anticipate all Stewardship general fee acquisition funds to be encumbered before the end of June,” she said.  Easement acquisitions, Ice Age Trail (both fee and easement), and County Forest acquisition is a similar process, but as you have noted, depends on willing landowners looking to acquire an easement versus an outright purchase in the remaining months. We expect a significant amount, but not all, of these funds will be encumbered before the end of June.”

While the program is set to expire, there are ongoing Knowles-Nelson projects around the state that have already been funded through the grant program yet won’t be completed for a few years. Meister said that program staff will close out those active projects before moving to other jobs within the DNR. The rest of the agency has also faced significant cutbacks in recent decades, due to budget constraints and Republican opposition to environmental protection initiatives. 

“It will take several years to close out currently active projects. Staff will continue to work on finishing up these projects,” Meister said. “After these projects are closed out, DNR staff will continue working on other department priorities. Over the past 20 years, we have lost over 500 FTE positions, so there is always more work to do.”

David Grusznski, the Milwaukee programs director for The Conservation Fund, the land conservation non-profit that facilitated the DNR’s purchase of the Devil’s Lake property, told the Examiner that through the stewardship program, the DNR has often been able to function as the last piece of the funding puzzle for projects that conserve land and provide access to that land for the public. 

“It’s very rare that one pot of money funds an entire acquisition, so money is always being leveraged with other people’s money,” he said. “So without the state stewardship funding being able to bring in a portion of that money, we, a lot of partners, are going to be unable to leverage federal dollars, state, city or county dollars that may be available. And we’re going to have to really rely pretty heavily on private fundraising, which is going to be extremely difficult.”

Now, he said, non-profits and land trusts across the state are coming to terms with the pending loss — which will push planned projects years into the future while putting organizations across the state in direct competition over the same pot of private philanthropy money. 

“I think this is all really just starting to set in with a lot of people across the state,” Grusznski said, “as far as the money is not there — what do we do?”

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The voting rights-focused firm Law Forward filed a lawsuit against the Wisconsin Elections Commission Wednesday over the commission’s decision to throw out the spring election votes of 23 Madison voters whose absentee ballots were properly filled out and filed in time, yet were delivered by the city clerk’s office to poll sites after 8 p.m. on Election Day. 

The six-member commission voted last week to order the Dane County Board of Canvass not to count the votes in its certification of the election results because the ballots were delivered minutes after the polls closed April 7. State law allows absentee ballots to be returned until polls close. Ballots can be returned through the mail, to absentee ballot drop boxes located around Madison, to the city clerk’s office or directly to the voter’s polling location. 

The lawsuit, filed in Dane County Circuit Court, argues WEC’s application of the law is unconstitutional because the voters followed all the rules and their ballots were late through “no fault of their own.” 

Madison’s election administration has generated negative headlines several times in the last few years after the city clerk’s office misplaced and failed to count nearly 200 absentee ballots during the 2024 presidential election. The clerk in charge during that election no longer works for the city and the commission has instituted a number of requirements on city election officials to prevent similar errors from happening again. 

Law Forward President Jeff Mandell said in a statement that in this case, WEC is overreaching. He pointed to a long history of Wisconsin court precedent that states voters can’t be disenfranchised over administrative failures of election officials. 

“These voters did everything Wisconsin law asked of them, and the city and county properly counted their ballots,” Mandell said. “Their votes were cast, received, and counted on Election Day. WEC is now trying to erase them from the record because of a clerical error these voters had absolutely no control over. Failing to count these absentee votes will only erode trust in our elections and jeopardize access to voting in future elections. It’s critical that the court take urgent action to ensure these votes are counted.”

No local or state election results will be changed by the 23 votes. The lawsuit must move quickly because state law requires that the results of the state’s April 7 election must be certified by May 15.

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Four Republican members of Congress, including gubernatorial frontrunner Tom Tiffany, have introduced a bill that would exempt vehicles in southeast Wisconsin from federally mandated emissions testing. 

The bill was introduced by U.S. Rep. Bryan Steil (R-Janesville) and co-sponsored by Reps. Glenn Grothman, Scott Fitzgerald and Tiffany. Tiffany, the only member whose district does not include the affected area of Milwaukee, Kenosha, Ozaukee, Racine, Sheboygan, Washington and Waukesha counties, also brought the issue up on the campaign trail late last month. 

Seven Wisconsin counties, including Milwaukee, are designated ozone nonattainment areas by the EPA under the Clean Air Act, which subjects vehicle owners in the area to additional regulations such as biennial emissions testing. Federal law allows a state to apply for the waiver if it can prove air pollution originates from out-of-state. 

The bill authors point to a Department of Natural Resources report that showed 10% of the ozone measured in the area comes from Wisconsin while more than a third of it comes across Lake Michigan from Illinois and Indiana. 

“Because of outdated federal rules, hundreds of thousands of Wisconsin drivers in seven counties are forced to complete emissions tests every two years just to renew their registration,” Tiffany said in a statement. “Wisconsin families should not be punished with costly and time-consuming mandates because of pollution drifting in from Illinois and Indiana.”

Studies have shown the highest sources of ozone in the region come from the urban centers of Chicago and Milwaukee.

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U.S. Sens. Tammy Baldwin and Ron Johnson sent a letter to the White House Wednesday recommending their nominees for U.S. Attorney in Wisconsin’s two federal court districts. 

The appointment process for the two jobs has become more politically fraught than in the past after the commission was unable to agree on a nominee for the state’s Eastern District. The administration of President Donald Trump named former Republican attorney general and failed state Supreme Court candidate Brad Schimel as the interim U.S. Attorney in Milwaukee last year, which allowed him to serve for a limited time. The district’s judges ruled earlier this year that Schimel could no longer serve in his interim role, but former U.S. Attorney General gave him a new title that allowed him to continue working in the office. 

“I appreciate the hard work and dedication of Brad Schimel, who continues to serve the people of Wisconsin and remains fully committed to his role as first assistant U.S. attorney in the Eastern District of Wisconsin,” Johnson said in a statement. “My bipartisan nominating commission with Sen. Baldwin submitted two well-qualified U.S. attorneys for the President’s consideration. Peter Smyczek and Chadwick Elgersma will apply the rule of law and serve the people of Wisconsin’s Eastern and Western districts well.”

Historically, the two senators from a state each appoint people to a bipartisan nominating commission which selects candidates to be recommended to the president. Presidents usually adhere to the recommendations of a state’s senators. The Wisconsin nominating commission had broken down but was restarted after Democrats objected to Schimel’s appointment. 

Baldwin and Johnson named Peter Smyczek and Chadwick Elgersma to be the state’s top federal prosecutors. Smyczek has been an assistant U.S. attorney in the Milwaukee office while Elgersma was named to the job in January after working as an assistant prosecutor in the Madison office. 

“This is proof that the hard work of this commission and finding common ground can work,” Baldwin said. “The candidates that the commission put forward appear well qualified, to have relevant experience, and committed to delivering justice impartially, and I support them moving through the next stage of the nomination process. Wisconsinites want these top law enforcement officials to work for them and uphold the constitution without fear or favor, and I will vet these candidates to ensure they meet that criteria and do right by Wisconsin families.”

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A Dane County Circuit Court judge ordered the Wisconsin Department of Justice to release its list of about 16,000 law enforcement officers certified in the state. 

The lawsuit was brought by media outlets the Badger Project and Invisible Institute. Police officers in Wisconsin are required to be certified by the state’s Law Enforcement Standards Board. The DOJ has previously released partial versions of the list, arguing that the full database could compromise the identity of officers working undercover. 

Both outlets have frequently written about “wandering cops” who leave departments due to misconduct or abuse only to be hired by another agency. The DOJ list includes a record of cops being fired or resigning in lieu of termination. 

Judge Rhonda Lanford ruled on Tuesday that the DOJ’s argument against releasing the list went against the state’s open records law. 

“When responding to records requests, there is a strong presumption of openness and liberal access to public records,” she wrote.  “[T]he DOJ has not met its burden to show that this is an ‘exceptional case’ warranting nondisclosure.”  The judge concluded that DOJ’s denial “was not the product of a genuine, case-by-case balancing analysis, but rather a habitual denial based on [its] past inability to garner compliance from local agencies.”

Lanford noted that law enforcement officers hold a public position and therefore “necessarily relinquish certain privacy and reputational rights by virtue of the amount of trust society places in them and must be subject to public scrutiny.”

Tom Kamenick, the lead attorney in the lawsuit and founder of the Wisconsin Transparency Institute, said the decision was a win for transparency in Wisconsin government and the requirement that officials must prove real risk of harm when denying an open records request. 

“Courts have ruled time and time again that speculative fears of harm do not justify withholding government records from the public,” Kamenick said in a statement. “Government officials must do more than merely claim that, hypothetically, something bad might happen if the records are released.  Rather, they must show that harm is likely to occur and is sufficiently serious to overcome the presumption of access to government records. DOJ could not do that here.”

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A lawsuit seeking to throw out Wisconsin’s congressional maps on the basis that they’re unconstitutionally anti-competitive was dismissed Tuesday by a panel of three circuit court judges. 

The lawsuit was brought last summer by bipartisan business group Wisconsin Business Leaders for Democracy Coalition, represented by the progressive nonprofit Law Forward. 

For more than a decade, Wisconsin has been a national symbol of the effects of extreme partisan gerrymandering and Tuesday’s dismissal comes amid a effort by both major parties to redraw maps ahead of this fall’s midterm elections. 

A national mid-decade redistricting tit-for-tat started last year when Texas Republicans drew new maps, at President Donald Trump’s request, in an attempt to limit the number of Democrats in the House of Representatives. A number of other Republican states, including Missouri and North Carolina, followed suit. In response, voters in California and Virginia voted to change state laws to allow Democrats to re-draw their maps to minimize Republican seats. 

This week, Florida Gov. Ron DeSantis introduced a bill that would redraw his state’s maps to give Republicans four more seats. 

While both parties have drawn political maps to favor their own candidates, only congressional Democrats have proposed a bill that would ban partisan gerrymandering. In Wisconsin, state Democrats have long pushed for the adoption of a non-partisan redistricting commission. 

Wisconsin’s current congressional maps were adopted in 2021 by the state Supreme Court after Gov. Tony Evers and Republicans in the Legislature were unable to reach a deal on their own. When forced to weigh in, the Supreme Court instituted a “least change” rule that required any maps proposed to the Court to hew as closely as possible to the maps instituted by Republicans in 2011. The map the Court chose was proposed by Evers, a Democrat, but resulted in a heavily Republican congressional delegation, since they were drawn to adhere to the “least change” standard.

The 2011 political maps and the least change decision allowed Republicans to hold six of the state’s eight congressional seats. The state Supreme Court tossed out the state’s legislative maps in 2023 — which remained heavily gerrymandered under the “least change” standard — on the grounds that the shapes of the districts, some of which were broken into noncontiguous parts, were illegal. 

Over the years, the court system has heard a number of challenges to Wisconsin’s congressional maps on the basis that they are an illegal partisan gerrymander. A separate three-judge panel dismissed another lawsuit on partisan gerrymandering grounds late last month. 

Despite that dismissal, the Law Forward lawsuit argued that its claims were new and therefore deserved to be considered by the courts. The lawsuit argued that the maps were drawn to unfairly give incumbents of both parties an advantage, pointing to the fact that only one of the state’s congressional districts, western Wisconsin’s 3rd CD, is regularly decided by a single-digit margin. 

“After the Wisconsin Legislature adopted the 2011 congressional map, congressional races over the ensuing decade were, as intended, highly uncompetitive,” the lawsuit stated. “The Court’s adoption … of the ‘least change’ congressional map necessarily perpetuated the essential features — and the primary flaws — of the 2011 congressional map, including the 2011 congressional map’s intentional and effective effort to suppress competition.”

Republicans and their allies intervened in the case, arguing that it should be dismissed because the anti-competitive argument treads the same ground as the partisan gerrymandering claims the Court has already declined to hear. 

The three-judge panel, made up of Dane County Judge David Conway, Marathon County Judge Michael Moran and Portage County Judge Patricia Baker, agreed and dismissed the case, noting that the makeup of the state’s political maps is a question best left to the political branches of government, not the judicial system.

“Plaintiffs’ anti-competitive gerrymandering claims are functionally equivalent to partisan gerrymandering claims, at least for purposes of the political question analysis,” the judges wrote. “In a two-party system, partisan fairness and competitiveness are correlated: a more competitive map is typically a fairer map, whereas less competition usually means less partisan fairness. The objective of both theories is to change ‘the partisan makeup of districts,’ whether by achieving proportional representation, electoral competitiveness, or both.” 

Doug Poland, Law Forward’s director of litigation, said in a statement Tuesday that it’s disappointing the panel dismissed the case before it had the opportunity to hear evidence. He also said the panel’s ruling will be appealed directly to the Supreme Court. 

“This is the first anti-competitive gerrymandering case ever filed in Wisconsin courts, and it deserves to be heard,” Poland said. “We believe that the circuit court was wrong in concluding that anti-competitive gerrymandering is ‘functionally equivalent’ to partisan gerrymandering. They are different claims, based on different evidence, that target different ways of manipulating representation to the detriment of voters.”

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A Dane County judge dismissed a lawsuit from 15 Wisconsin children who had challenged laws they argued made climate change worse and violated their constitutional rights. 

The lawsuit was filed in August by the groups Our Children’s Trust and Midwest Environmental Advocates against the state Public Service Commission and Legislature. 

The suit argued that state lawmakers have made a number of declarations that the state’s energy production should be decarbonized and the greenhouse gas emissions of that production should be reduced, but state laws prevent that from happening. 

The state’s law for siting power plants requires that the state Public Service Commission determine that “[t]he proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use.” However the law also prohibits the PSC from considering air pollution, including from greenhouse gas emissions, in that determination. 

Additionally, the state set a goal in 2005 that 10% of Wisconsin’s energy come from renewable sources by 2015. That goal was met in 2013. However, now that the goal has been met, state law treats it as a ceiling on renewable energy the PSC can require.

In a decision issued last week, Judge Julie Genovese said she’s sympathetic to the children’s argument but that the lawsuit was asking her to weigh in on a fundamentally political, not legal, question. 

“While the court is sympathetic to the youths and admires their willingness to access the courts in their quest to protect the planet, I conclude that the case must be dismissed because environmental policy is a nonjusticiable political question,” she wrote. 

Attorneys for the Legislature had also argued that the children didn’t have standing to bring the case, pointing to a federal court decision in a similar case in California. 

But in other states similar cases have had more success. A group of Montana children successfully sued to protect their right to a clean environment in 2024. 

Tony Wilkin Gibart, MEA’s executive director, told Wisconsin Public Radio he believes there’s a strong case for the ruling to be appealed. 

“Youth plaintiffs are frustrated,” he said. “They’re also incredibly determined and have expressed a lot of resolve to continue this fight.”

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Wisconsin Appeals Court Judge Pedro Colón announced Tuesday he’s running to replace retiring Justice Annette Ziegler on the Wisconsin Supreme Court next year. 

Colón, a former Democratic member of the state Assembly and Milwaukee County Circuit Court Judge, moved to Milwaukee from Puerto Rico when he was 10 years old. He was the first Latino elected to the Wisconsin Assembly and to sit on the state’s appeals court. 

He was appointed to the Milwaukee County Court by Gov. Jim Doyle in 2010 and then reelected three times. He was appointed to the District I Court of Appeals by Gov. Tony Evers in 2023. 

Colón said in a news release that his experience moving to Wisconsin and decades in the law make him qualified to sit on the Supreme Court. 

“I came to Milwaukee at ten years old, not speaking a word of English. I know what it feels like to stand before a system that was not built for you,” Colón said. “For 15 years on the bench, I have made sure every person who walks into my courtroom gets the same thing: a listening ear and a fair shot. That is exactly what I will do on the Supreme Court.”

Colón got his undergraduate degree from Marquette University and his law degree from the University of Wisconsin-Madison Law School. He lives in Milwaukee with his wife and has two daughters. 

He is the second liberal-leaning judge to enter the race to replace the conservative former Chief Justice Ziegler, who announced her plan to retire earlier this year. Clark County Judge Lyndsey Brunette announced her candidacy earlier this month. 

A liberal victory in 2027 would establish a 6-1 majority on the Court, leaving Justice Brian Hagedorn, who has occasionally been a swing vote and sided with the Court’s liberals, as the lone conservative on the bench.

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The Trump administration’s recently announced plans to radically restructure the U.S. Forest Service have raised concerns among advocates that forest land across Wisconsin and the Upper Midwest could suffer. 

The plan, announced late last month, will relocate the agency’s head office from Washington D.C. to Salt Lake City while closing regional offices and research stations across the country. In Wisconsin, the changes are expected to affect about 250 employees across the agency’s offices in Madison and Milwaukee and smaller stations spread across the state. 

Research stations in Prairie du Chien and Wisconsin Rapids are being evaluated for closure while the Madison office has been selected to serve as the state office covering Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri and Wisconsin. 

These proposed changes come to an agency that has already seen staff attrition over the past year due to the Trump administration’s efforts to severely reduce the size of the federal government. Last year, Wisconsin saw a 19% attrition rate in its U.S. Department of Agriculture staffing level, which includes the forest service. 

Proponents of the reorganization say that moving the headquarters out west will bring decision-makers closer to the majority of the public lands managed by the agency. However, through a combination of logging activity in the Upper Midwest, New England and southeastern states, more timber is harvested each year in states east of the Mississippi River. 

But opponents have pointed out that Salt Lake City is the epicenter of the growing anti-public lands movement within the Republican Party. U.S. Sen. Mike Lee (R-Utah) has worked to sell off millions of acres of federally owned land while the state of Utah has sued the federal government over its ownership of millions of acres of land in the state. 

The advocacy infrastructure surrounding the anti-public lands movement has at times worked to influence environmental policy in Wisconsin. 

In the large scope of the Forest Service’s public lands portfolio, Wisconsin’s Chequamegon-Nicolet National Forest is just a drop in the bucket. But the existence of the national forest in the Northwoods makes the federal government the largest landowner in Wisconsin. 

The Trump administration has explicitly worked to make it easier for extractive industries such as logging and mining to work on public lands. Green Light Metals, a Canadian company, has conducted exploratory drilling on national forest land in Taylor County. Last week, Congress voted to allow mining in the Superior National Forest on the edge of  Minnesota’s Boundary Waters Canoe Area Wilderness.

Environmental advocates and union representatives of Forest Service employees say that sweeping changes to the agency could have dramatic repercussions for the rural communities where agency employees often work and could do irreparable damage to the forests themselves and the scientific research conducted at Forest Service stations. 

Howard Learner, president of the Environmental Law and Policy Center, said the plan was clearly an effort to undermine the Forest Service’s ability to conduct research while supercharging the extraction of resources from the country’s public forests. 

“The Trump administration’s effort to take apart, as an effective matter, the U.S. Forest Service is deplorable,” Learner said. “The U.S. Forest Service needs to do a job making sure that its forests, the vast lands across our country that are our national forests, are protected and managed.” 

He noted that the agency is currently proposing one of its largest timber sales ever in Michigan’s Upper Peninsula, which ELPC is working to stop, and that it’s much harder for regulators to protect the country’s forests if they’re based in a far-away office.

Several people from the National Federation of Federal Employees, which represents many forest service staff members, said the changes were coming to an already demoralized group of staff members while noting that the biggest harm would be felt by the rural areas where the national forests are located.

“Most Forest Service offices are in very rural, poor communities, so if these people are forced to move to Salt Lake, that could be two or three, good paying, middle-class jobs taken out of Rhinelander or wherever they may be sitting,” said Warner Vanderheul, president of union’s Forest Service council.

Steven Gutierrez, a business representative in the federal workers union’s  land management division, said that staff members will be divided between those who can’t take any more meddling from the White House and those who stick it out in an effort to do what they can to defend the forests. 

“There’s a lot that are standing strong in solidarity right now, and saying ‘I’m going to hold the line to protect democracy,’” Gutierrez said. “And that just by being a civil servant and being a Forest Service employee, that’s their way of standing up against this tyranny that’s happening from this administration.” 

But, he said, others will leave and the risk from those departures is the end to all sorts of research projects. 

“Now programs get shut down because there’s no one there anymore,” he said. “That research, that institutional knowledge, gets lost because now nobody’s there to do it. Nobody knows what anybody was working on.” 

Jenny Van Sickle, a spokesperson for the Great Lakes Indian Fish and Wildlife Commission, said she’s concerned about the drain of expertise from Wisconsin. 

“Moving these regional models to state-based models really complicates and piecemeals out decision-making with these arbitrary borders,” she said. “All of these waterways are connected. All of these forests are connected. So a comprehensive approach to management is vital.” 

She said that an organization such as the fish and wildlife commission can help supplement the research done by the Forest Service, but not fully replace it. She noted that the commission has recently worked with the agency to study American marten habitat, wild rice and tribal climate adaptation. Vanderheul said that Forest Service research conducted in Wisconsin has helped produce recyclable glue on U.S. postage stamps and less breakable bats used by Major League Baseball teams. 

“A massive reduction in the workforce and professionals that have dedicated their lives to research and protecting these ecological systems is concerning,” Van Sickle said.

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Earth Day 2026 arrives less than a week after Wisconsin was battered by a succession of unseasonably severe thunderstorms, hail and tornadoes. A lack of snow in the West this winter has raised fears of an especially difficult wildfire season — raising air quality concerns across the Upper Midwest this summer. The administration of President Donald Trump has made drastic changes to the budget and structure of agencies such as the EPA and U.S. Forest Service, reducing staff at agencies that manage air and water quality and protect public lands. 

Nearly 60 years after Earth Day was founded by Wisconsin Gov. Gaylord Nelson, environmental advocates and elected officials celebrated the holiday noting the state, often labeled a “climate haven” for its easy access to fresh water and northern location, is not immune from the damaging effects of climate change. Still, they said, there are small victories happening every day across the state. 

Gov. Tony Evers spent the week on a statewide tour touting efforts to plant more trees, conserve more land and use more sustainable sources of energy. 

In 2021, Evers signed a pledge that Wisconsin would plant 75 million trees and conserve 125,000 acres of forestland by the end of 2030. In a Tuesday news release, Evers’ office announced that in 2025 the state planted nearly 12 million trees and conserved more than 7,800 acres of forestland in the state in 2025 — bringing the total to more than 54 million trees planted in five years. 

“Conservation and protecting our natural resources are core to who we are as a people and as a state — it’s in our DNA, and here in Wisconsin, our work to conserve and protect our lands, waters, and air and respond to an ever-changing climate has never been more important,” Evers said in a statement. “From flooding and severe weather events to unseasonable snow droughts and everything in between, it’s clear that climate change is an imminent threat to our state, economy, and our kids’ future. That’s why, since Day One, my administration and I have been working to conserve our natural resources and tackle the climate crisis head-on, but there’s always more we can do.” 

While Evers touts the work his administration has done to protect the state’s environment, the main tool the state has used to conserve public land for the last four decades — the Knowles-Nelson Stewardship Grant program — is set to expire this summer due to Republican opposition to land conservation and the Legislature’s inability to reach a deal to reauthorize the program before adjourning for the year. 

Howard Lerner, president of the Environmental Law and Policy Center, said at an online news conference Tuesday that there are still wins happening for the climate. 

“We are getting things done in the Midwest, even while the Trump administration maintains its assault on core environmental values and rolls back years and years of federal progress,” he said. 

He noted that a variety of groups across the Midwest worked together to protect the funding in the federal Great Lakes Restoration Initiative. He  added, however, that more work will have to be done to protect Great Lakes shoreline communities from the effects of an increasingly fluctuating water level. 

“When all is said and done, the impacts of climate change are leading to much greater fluctuations in Great Lakes water levels, and they’re leading to more intensive storms, high winds, heavy waves that batter the shoreline,” he said. “That puts a heavy impact and burden on our shoreline communities and on the shoreline infrastructure, and that’s infrastructure that we’ve got to protect and find ways of doing that.”

But the Great Lakes are also struggling with water quality, he said, largely in the form of contamination from factory farms that can lead to toxic events such as algae blooms. He said that in the wake of the federal government stepping back from its role protecting wetlands and waterways from runoff, Midwest states need to do more. 

“We need to get policies in the states that reduce the amount of phosphorus, nitrates that flow into the water supply,” he said. “I think you’re going to see that [concentrated animal feeding operations] are going to be a bigger story going forward. Communities don’t want them, and E. coli and local water supplies and more toxic algae blooms in the Great Lakes is something that the public, I just don’t think is willing to tolerate.”

Clark County Judge Lyndsey Brunette announced Thursday she’s getting into the 2027 race for Wisconsin Supreme Court. 

Brunette previously served as the Clark County district attorney, after she was elected as a Democrat, serving in that office from 2012 to 2018. Her announcement comes just days after liberal-leaning Appeals Court Judge Chris Taylor stormed to a 20 point victory over conservative Judge Maria Lazar in this year’s Supreme Court race. 

Brunette was elected to the circuit court in 2018 and ran unopposed for reelection in 2024. She said in a statement that she was running for the Supreme Court to protect Wisconsinites’ freedoms. 

“I’m running for the Wisconsin Supreme Court because it has never been more important to have state courts dedicated to protecting fundamental rights and freedoms and holding people, and the government, accountable when they break the law,” Brunette said. “Every person who enters a courtroom is seeking the same thing: fairness, justice, a system they can trust. That’s the kind of court I want to protect for every Wisconsinite, and for my own family. Whether it’s protecting personal healthcare rights, safeguarding voting rights, or supporting public safety, we need to protect a majority on our state Supreme Court who will fairly and impartially uphold our laws.”

Her message closely matches the argument Taylor worked to make on the campaign trail over the last year. 

Brunette is running for the seat currently held by conservative Justice Annette Ziegler, who has already announced she’s not running. A victory would mean that Justice Brian Hagedorn, who has occasionally sided with the Court’s liberals, is the only conservative left on the seven-member Court. 

Before being elected as the first woman to serve as Clark County district attorney, Brunette was the county’s corporation counsel and worked in the Hennepin County attorney’s office in Minneapolis. She got her bachelor’s degree from UW-Eau Claire and her law degree from William Mitchell College of Law in St. Paul. She lives with her five children and husband in Neillsville.

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U.S. Sen. Tammy Baldwin introduced a new bill Tuesday aimed at making it simpler and cheaper for people to watch professional sports. 

Currently, for a fan in Wisconsin to watch every Packers, Brewers and Bucks game in a year it costs more than $1,500 annually to purchase the necessary streaming services and subscriptions — a cost that Baldwin said Wednesday benefits league and streaming service executives, as well as the billionaire owners of sports teams, at the expense of fans. 

“This isn’t just a Packers or a Wisconsin issue. This has become an American issue,” Baldwin said during a Wednesday news conference. “What used to be grabbing the remote and hitting a button or two has turned into a maze of streaming subscriptions, unexpected blackouts or a sky high payment. To top it all off, there is no consistency, and it is flat out confusing for fans.” 

She said at the news conference she was introducing the bill without any co-sponsors specifically to start conversations in Congress about the issues in the bill. 

Baldwin’s For the Fans Act includes two major provisions meant to make it cheaper for people to watch their favorite teams. The first would prohibit league-owned streaming services, such as MLB.Tv or NBA League Pass, from blacking out games that are played locally or on a third-party streamer. The second would require the leagues to provide a way for local fans to watch all games for teams based in the state in which they live. 

The proposal comes after the Green Bay Packers v. Chicago Bears playoff game in January was only available on local TV in Wisconsin in the Milwaukee and Green Bay markets — meaning that in five of the state’s markets, fans were forced to subscribe to Amazon to watch the game. 

The bill would apply to professional sports teams playing baseball, basketball, football, basketball, hockey and soccer. Minor league teams and leagues with fewer than eight teams are exempted. 

Baldwin has also previously introduced the Go Pack Go Act, which aims to make sure the Wisconsin households assigned to Michigan or Minnesota television markets are able to watch Packers games.

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The Wisconsin Department of Agriculture, Trade and Consumer Protection has warned that the severe storms that brought tornadoes, high winds, flooding and hail to Wisconsin Tuesday evening could inspire “storm chasers” to come to the state to scam homeowners seeking repairs. 

DATCP said in a news release Wednesday that door-to-door repair crews travel to communities hit by severe weather, offering quick fixes only to do poor quality work or take money up front and perform no work at all. 

The agency said the best way to avoid these scams is to hire local workers, ask for recommendations from trusted sources and make sure there is a written contract and documentation of all transactions. 

The Wisconsin Builders Association made a similar warning Wednesday, saying in a news release that scammers often skirt state laws regulating contractors. Those include laws that prohibit contractors from offering to pay portions of a homeowner’s insurance deductible or from negotiating with insurance companies, and a law that forbids contractors from refusing to cancel parts of contracts if insurance claims are denied. 

“Severe weather can create urgency for homeowners, but that urgency can also make them targets for bad actors,” said Wisconsin Builders Association President Andy Selner. “Taking a few extra steps to verify a contractor can prevent costly mistakes and protect the investment made in your home.”

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The Wisconsin Department of Natural Resources held a public hearing Tuesday on a request from the AI data center company Vantage for an air quality permit to operate 45 diesel backup generators at the company’s proposed hyperscale data center in Port Washington.

The department has already granted a preliminary approval to the permit request. Members of the public complained at the virtual hearing that the DNR chose not to conduct a full environmental impact assessment — despite southeastern Wisconsin’s existing classification as a high air pollution region. 

Michael Greif, an attorney with Midwest Environmental Advocates, said that all 45 generators operating at once for one hour would emit the same amount of nitrogen oxides as more than 5 million cars driving over one mile of nearby Interstate 43 — or seven times the hourly nitrogen oxide emissions for all of Ozaukee County. Exposure to nitrogen oxides have been tied to respiratory issues such as asthma. 

“It is also one of the first hyper scale AI data centers proposed in Wisconsin,” Grief said. “So it raises new and unreserved questions about energy use, climate impacts, air pollution and public health, and for all those reasons and more, DNR is legally required to prepare an EIS for the Vantage data center.”

Residents of the area put it more simply, complaining about the air pollution they’re already dealing with every day. 

“Our lakeshore is at capacity,” Sheboygan resident Rebecca Clarke said. 

Many speakers also expressed frustration at their lack of a voice in the state’s surge in data center development and proposals. 

“This community has not been given a fair process,” Port Washington resident Carri Prom said. “We’ve been speaking about this process for months. We’ve largely been ignored, and yet, here we are.”

The air pollution permit is one of the DNR’s few chances to weigh in on a data center proposal that has drawn widespread opposition in Port Washington and across the state. The Public Service Commission, the agency that regulates utility companies in Wisconsin, has given the public little confidence it will do enough to prevent electric bills from increasing.

Local zoning boards and city councils, enticed by the promise of property tax revenue, have often signed off on data centers after agreeing to non-disclosure agreements to keep the details away from their constituents. 

“I think things are very backwards, and that we’re proceeding with all of these projects before we even have any idea of how to protect residents,” said Sarah Zarling, an environmental organizer who’s been involved in the data center fight. 

Over the past year, as the number of data centers operating, under construction or proposed has continued to increase, public opposition has grown. Multiple pieces of legislation for regulating data centers were proposed by lawmakers of both parties, yet none passed  before legislators adjourned for the year. Data centers have become a big issue in the Democratic primary for governor and a number of environmental groups have called for a moratorium on data center development until stricter regulations can be put into law. 

Brett Korte, a staff attorney at Clean Wisconsin, told the Wisconsin Examiner in a statement after Tuesday’s hearing that the disconnected government approval process only highlights Wisconsin’s lack of a coherent plan.

“One of the pressing issues related to the data center boom currently underway in Wisconsin is that there is no overarching plan to ensure they don’t harm communities in our state,” he said. “Nor is there even an effort to fully understand the harm they will cause. Local governments make zoning decisions, the PSC approves the construction of power plants and transmission lines, and the DNR implements water regulations and issues air permits.” Yet no state office is responsible for looking at all of the issues raised by data centers at once.

Korte added that a better process for planning future renewable energy sources, stronger carbon emission standards and a more concrete plan for achieving Gov. Tony Evers’ goal of powering the state with 100% clean energy by 2050 would help the state better manage data center growth. 

“No one is asking: Do the benefits of data centers outweigh their environmental harm?” he continued. “That is why Clean Wisconsin continues to call for a pause on data center construction until the state has a comprehensive plan to regulate their development.”

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A legal brief filed late last week seeks to have a Dane County judge declare that an 1897 law banning the practice of fusion voting is unconstitutional because it restricts the rights to a “free government,” equal protection and freedom of speech through a law that was passed to explicitly create a partisan electoral advantage. 

The motion was filed on Friday in a lawsuit brought last year by United Wisconsin, a nascent centrist political party hoping to offer voters an alternative to the “duopoly” of the Democratic and Republican parties. The group is represented by the voting rights focused firm Law Forward. 

Fusion voting is a practice through which multiple political parties can nominate the same candidate to the ticket. Under the system, a minor party such as United could choose to nominate its own candidate, but more often the party would endorse one of the major party candidates. Voters would be able to cast their votes for the same preferred candidate under either party line. 

At a conference on fusion voting hosted at UW-Madison last year, political scientists and proponents of the system said that in theory it can give minor parties more influence. A third party candidate under the current system is unlikely to win, but a minor party’s policy preferences are harder to ignore if the party has just enough sway to swing an election result in either direction.

The brief describes a hypothetical congressional race in which United cross-endorses the Democratic candidate, given the name Olson. After the hypothetical votes are counted, the Republican candidate has earned 48.2% of the vote on the Republican ticket while Olson has earned 45.9% of the vote on the Democratic ticket and 4.9% on the United line. When added together, this gives Olson the win with 50.8% of the total vote. 

In Wisconsin, where elections are often decided by single digit margins, this could result in meaningful considerations of the desires of the minor party voters — rather than the current system under which third party candidates, such as Ralph Nader in the 2000 presidential election, are seen as spoilers who can pull enough support away from the closest ideological major party candidate to help the other side win. 

“That is fusion voting in action. United Wisconsin will claim, with merit, to have helped her over the finish line,” the brief states. “No doubt Olson will be more attentive to her ‘home’ party, but if she’s a competent politician, she won’t ignore the priorities of the moderates and centrists in the United Wisconsin Party. If she does, United Wisconsin, and its key bloc of voters, might cross-nominate her opponent in the next election.”

Fusion voting is often considered alongside ideas such as ranked choice voting and multi-member congressional districts as a reform proposal that could help prevent the country from sliding into an authoritarian government. 

“Fusion offers the opportunity to create meaningful new political identities,” the legal brief states. “It allows voters of all ideological stripes to vote for their values without having to support a rival or opposing party with a mostly intolerable program.”

In the 19th century, fusion voting was used across the country. The practice was phased out in most of the country but exists currently in New York and Connecticut. The brief, which includes as many examples from history and political science as it does legal citations, states that Wisconsin’s fusion voting ban was enacted by the Republican Party in 1897 as it surged to become the state’s dominant political force in a direct effort to limit the ability of the Democratic Party and other minor parties to win. 

“History shows the ban was enacted as a form of invidious political discrimination,” the brief states.

The lawsuit argues the state has no direct interest in maintaining the power of the Democratic and Republican parties, so the law must be put under “strict scrutiny” for fundamentally restricting the speech of Wisconsinites. 

“When political parties cannot nominate their candidates of choice, they cannot effectively organize, campaign, advance priorities, or exercise political power,” the brief states. “They are relegated for perpetuity to a spoiler role, whereby any electoral effort they make is not only futile in advancing their own candidate and platform, but also seriously risks helping their least-favored major-party candidate win the race and get to govern. While the ban still allows political parties to nominate most candidates, it prohibits them from nominating the only candidates who can win; and while it allows political parties some degree of speech, it constrains their speech in the context for which political parties exist — the ballot.”

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