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 Dianne 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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On his way out of office, Gov. Tony Evers has negotiated a school funding and tax cut bill with his fellow retirees, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos. Call it a retirement celebration for three soon-to-be-ex politicians. Evers is promoting a big bump in school funding in the “blockbuster” deal and urging Democrats to vote for it. But the most joyful celebrants of this sudden windfall are Republican legislators, who have taken to calling it the “big, beautiful, bipartisan bill” —  a not-so-subtle echo of Trump’s triumphant name for the massive tax cut and spending bill he jammed through Congress.

Wisconsin Democrats are less than thrilled. On the Legislature’s Joint Finance Committee, the “blockbuster” proposal passed on a straight party-line vote, as Erik Gunn reports, with all of the Republicans on the committee voting in favor and all the Democrats voting against it. The bill is not so much a blockbuster as a budget-buster, said Joint Finance Democrats Deb Andraca (D-Whitefish Bay), Kelda Roys (D-Madison) and Tip McGuire (D-Kenosha). 

The problem with the legislation, according to its critics, is that it consists largely of one-time expenditures – including a temporary infusion of cash to schools and $300 checks to be mailed to Wisconsin state taxpayers — that will drain state coffers of about $2.9 billion after the whole package of proposals is paid out. While it effectively erases the state’s budget surplus, it won’t fix the structural problems with the way the state consistently underfunds schools and leaves property taxpayers to pick up the bill, or with the growing drain created by an expanding system of taxpayer-subsidized private schools, which will also get more money through this deal. Meanwhile, it creates the very real possibility that new legislative leaders and a new governor will be staring at a nearly $3 billion revenue hole when they begin to work on the next state budget, in an uncertain economic time.

The plan does include a burst of state funding for special education – sorely needed and, as Evers underscores, a big boost from current levels to a projected 50% reimbursement in the final year of the current budget cycle to school districts across the state. Evers’ office put out a comprehensive list of school districts and the millions in new money they will receive. The deal also allocates $350 million to bring down property taxes. And it eliminates taxes on tips and overtime, in keeping with Trump’s new federal policy. These are all popular proposals, and they provide a shot of relief to stressed and strapped school districts and taxpayers.

But advocacy organizations you would expect to embrace the governor’s move to increase funding for special ed have come out against the deal. 

“People with disabilities depend on programs and services that get state and federal funding,” Sydney Badeau, chair of the Wisconsin Board for People with Developmental Disabilities, said in a statement on the deal. “Spending down Wisconsin’s savings and reducing income when the state is already not providing enough funding to cover actual costs means there will be even less money next budget to pay for the programs people need. Less savings and less income means budget cuts next cycle at a time when many state programs, services, and infrastructure need more investment.”  

Kids Forward, the statewide antiracist policy center, also opposes the deal, saying it “relies on one-time money to paper over long-term challenges, all while legislators preparing to leave office pass the responsibility — and the blame — onto future lawmakers and families across Wisconsin.”

Meanwhile, Republicans are already turning the deal into campaign talking points on their most challenging issue – affordability

“Folks need help now,” declared Joint Finance Committee Co-Chair Rep. Mark Born (R-Beaver Dam), adding that inflation has been a problem “for at least five years,” a spin on voters’ cost-of-living worries that conveniently avoids the Trump administration’s responsibility for surging gas prices and massive healthcare cuts, which are dragging down state Republicans as they campaign this year.

Rep. Amanda Nedweski (R-Pleasant Prairie) touted the deal in a Tuesday press conference, saying Republicans have always been better stewards of the economy, and it was because of their wise leadership that Wisconsin built up a budget surplus in the first place (mostly by abandoning the state’s obligation to fund public schools). Now, she declared, it’s time to give all that money back to the taxpayers – “it’s their money” and rightfully belongs to individuals, she said, not “progressive politicians in Madison.” This is the drown-the-government-in-the-bathtub philosophy at work – defund schools and hand out checks to individuals. It works best if you are extremely wealthy and don’t mind trading in public education and other forms of public infrastructure for a pay-as-you-go system where you spend your own cash for private education, private health care and private security.  

Nedweski rolled directly into campaign mode, declaring that the benefits to taxpayers in the deal “would all be at risk” if the Democrats win control of the Legislature next year.

Without a doubt, Evers has handed Republicans a massive election-year gift.

Democrats, if they do manage to win legislative majorities – which has seemed more and more likely as Republicans flee the Capitol in droves, including some who represent key, swing districts — would be in a much stronger negotiating position than Evers is now. Instead of a one-time boost in school funding and a flurry of tax-rebate checks, they could recommit to guaranteed state funding for public education, as a lawsuit brought by students, parents and teachers argues they must under the state constitution. 

Now, as the national economy is in turmoil, they will confront the next budget cycle with a looming $2.9 billion hole – the budget surplus blown by a bunch of guys who are heading out of office and won’t have to worry about what comes next.

It was one thing for Evers to wrangle with Republicans and try to claw back funding for schools when the GOP-led Legislature was single-mindedly determined to block his every move. It’s a different matter to trade away the bulk of the state’s budget surplus now, in the waning days of his term, with everything up in the air.

The lack of communication between Evers and members of his own party has rankled Democrats for a long time. But the deal he is pushing to a reluctant Democratic caucus and delighted Republicans is a blow both politically and, more importantly, to the future health of the state. 

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Gov. Tony Evers, Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Devin LeMahieu (R-Oostburg) — Wisconsin’s three leaders all of whom are set to retire this year — announced a $1.8 billion deal Monday to provide additional funding to Wisconsin schools for general aid and special education and tax relief in the form of rebate checks, property tax cuts and the elimination of taxes on tips and overtime. 

The deal is the culmination of months of negotiations on how to use the state’s projected surplus to provide additional funding to schools and tax relief to Wisconsinites.

Negotiations kicked off at the beginning of this year after the general fund surplus was projected to be $2.37 billion at the end of the biennium, June 30, 2027 — about $1.5 billion higher than expected. However, they fell apart as Evers and Senate and Assembly leaders argued over the form that a proposal should take and a deal was not reached before the end of the regular legislative session. 

According to a Department of Administration and Department of Revenue memo released Monday, the state’s general fund tax collections are tracking between $300 million and $350 million above the January estimates. 

Evers said the school funding was the biggest win in the bipartisan agreement. The deal includes $300 million for special education funding and $300 million for school general aids. 

“I think money for schools, that’s obviously the most important thing for me, but again, we’re in a position to actually compromise and have Republicans and Democrats, at least in the leadership level, getting something done,” Evers said. 

Evers spoke to reporters during a visit to Barneveld middle and high schools where he spoke to students and staff about their mental health initiatives on Monday morning. He was there to highlight investments that have been made in schools. He noted that Barneveld is a good school district and said the deal reached by him and lawmakers would “make them an even better” one. 

About $85 million will be used to guarantee schools get 42% of their special education costs reimbursed for the 2025-26 school year and the remaining funds will be used to guarantee a 50% reimbursement rate in 2026-27. 

The 2025-27 state budget promised a 42% special ed reimbursement rate in the first year of the budget and a 45% rate in the second year, but the funds set aside were not adequate to meet those rates. 

The state’s special education reimbursement is currently a “sum certain” appropriation, meaning that there is a fixed pot of money available for the costs. If schools’ costs exceed the amount set aside, then the rate of reimbursement is lower. A change to a sum sufficient appropriation would ensure that the amount available is enough to cover the promised rates. 

Evers said negotiations couldn’t get to a sum sufficient appropriation for special education funding, but that negotiators used figures that should get the state to the promised rates. 

“Next budget people have to ensure that it is sum sufficient, but we did not get across that bridge, unfortunately,” Evers said. “Look, we know what the numbers are, so it’s going to be 50[%].”

The deal will also increase funding for pupils participating in the choice, charter, special needs scholarship  and open enrollment programs by $16 million. 

The investment into general school aids comes after lawmakers declined to provide any new funding in the 2025-27 state budget and property taxpayers across the state saw increases in December. The $300 million is intended to help buy down school property tax levies, although the amount will not completely cover the $325 per pupil in additional school revenue limit authority that school districts have as a result of a previous Evers budget veto.

The agreement also includes $50 million meant to serve as property tax relief aid for the Wisconsin Technical College System beginning in 2026-27. 

The Wisconsin Association of School Boards said in a statement that it was encouraged by the deal’s investments in special education and general aids, but cautioned that it would not completely fix schools’ financial issues.

“While these resources are important for public schools struggling with a declining level of state investment, it will not solve the longer-term problem,” WASB said. “The state has shifted away from providing inflationary increases in spendable resources for schools for 17 years. One state surplus deal cannot reverse that trend by itself.”

The Joint Finance Committee is scheduled to take up the proposal on Tuesday, and it’s expected that the full Assembly and Senate will take up the proposal on Wednesday in a special session. Ever signed an executive order for the session Monday afternoon. 

Vos said in a statement that legislators would be sending the surplus  “back to help families with the pressure of increasing costs, reward hard work, and to continue investing in schools to help stabilize rising property taxes.”

LeMahieu said Repiblicans’  top priority was to send the surplus back to “hardworking taxpayers across the state.” 

“This deal will provide immediate relief with $600 in surplus refund payments and provide permanent property and income tax relief for Wisconsin families,” LeMahieu said. 

The deal will also provide $300 tax refunds for individuals and $600 refunds for married joint filers. Tax relief in this form was originally a Senate Republican proposal, though they had proposed rebates of $1,000 for married joint filers and $500 for individuals.

The deal also includes the elimination of taxes on tips and overtime — two proposals that Evers initially vetoed. The proposal will align state with federal law, though the state proposals differ as they are permanent changes rather than having a sunset date in 2028. 

Evers expressed confidence that there are enough votes to get the deal through both houses and to his desk. 

“I need a majority of each house, and whether that’s all Democrats, all Republicans or a mix, I don’t care,” Evers said. “I think it would be hard for anyone to say I’m not in favor of this…[when] as a result, my local school district gets screwed. I think that’s going to be a hard position for people to take.” 

It’s already clear that not every member is on board as Democratic and Republican Senate lawmakers express concerns and opposition to the deal in statements.

Senate Minority Leader Dianne Hesselbein (D-Middleton) said in a statement that from her perspective there is no deal. She said her caucus needs to see the full details of the “expensive proposal” before they say more. 

“Three men who will not be in elected office next year have come up with this proposal which Senate Dems will be reviewing,” Hesselbein said. “Any proposal must pass both houses of the legislature and no one knows if Republicans have the votes to pass it.”

Assembly Minority Leader Greta Neubauer (D-Racine) has not responded to a request for comment. 

Sen. Steve Nass (R-Whitewater), who is also retiring this year, said in a statement that he “can’t support another bad deal cut by leaders that will never face the voters again.” 

With an open race for governor and control of the state Legislature up in the air, some expressed concerns about leaders deciding to spend down the surplus when they won’t be around to deal with the consequences next year. 

Democratic candidates for governor, Sen. Kelda Roys (D-Madison) and former Department of Administration Secretary Joel Brennan criticized the way lawmakers negotiated the deal and the contents of the deal. 

“Budgets are difficult to negotiate and demand tough decisions, and that’s why I believe they must be done in public with input from Wisconsinites. It’s very disappointing that this one wasn’t, and we should expect all candidates for governor to commit to an open process,” Brennan said. “I’m all for putting money back in people’s pockets, giving our schools a much-needed boost, and providing some property tax relief, but this deal misses the mark in many other ways. It does nothing to address the cost-of-living crisis that is still crushing Wisconsin families on things like child care, health care, and gas and utility prices.” 

Roys said the leaders had come to a “backroom” deal.

“This latest deal is the height of fiscal irresponsibility,” Roys said. “It spends a projected ‘surplus’ before it’s in the bank, even though that projection was estimated before Trump’s attack on Iran that disrupted our economy and caused gas prices to skyrocket. It gives a little one time money to public schools while permanently cementing unfairness in our tax structure. Worst of all, it blows nearly a billion dollars on an election year gimmick to send out rebates, squandering the ability of a new Democratic majority to make the long-overdue investments in our kids that they deserve.”

The critique on the transparency in the negotiation process comes after Lt. Gov. Sara Rodriguez, who is also campaigning for the nomination, was recorded saying she would craft the state’s next budget “behind a curtain.”

Evers told reporters that the negotiations with lawmakers was typical process.

“Well, sometimes you do things behind the curtain,” Evers said. “Leadership both from my staff and others on the other side met on a regular basis, and we kept others informed about that. Now, if… [Roys is] angry because we didn’t involve every legislator prior to, that doesn’t happen with a regular budget, too. So if she’s going to be governor, she needs to get used to it.” 

He continued: “If she’s not going to support it, my question would be, ‘How do you run for governor of the state of Wisconsin and say to your schools, well, you know, this money of 42% and 50% for special education, I’m against that?’ That’s a tough one to run against.”

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Republican lawmakers want a lawsuit challenging the state’s school funding formula as unconstitutional dismissed, according to court filings. 

The lawsuit challenging Wisconsin’s current school funding system was filed in February by Law Forward, a public interest law firm, in Eau Claire Circuit Court. The progressive legal group filed it on behalf of a group of school districts, parents, teachers, students and two advocacy organizations, the Wisconsin PTA and the Wisconsin Public Education Network (WPEN). The suit argues that the state Legislature is not fulfilling its constitutional obligation to provide a “sound basic education” under the current school funding formula.

GOP lawmakers, including Assembly Speaker Robin Vos (R-Rochester), Senate Majority Leader Devin LeMahieu (R-Oostburg) and members of the Joint Finance Committee, called the lawsuit “meritless” in their filing and said that the majority of questions asked in the lawsuit have been previously answered in previous court cases, including in the state Supreme Court’s Vince v. Voight decision. That 2000 lawsuit found that the state’s school funding formula was constitutional. 

“For all of plaintiffs’ sky-is-falling assertions, the school finance system that plaintiffs challenge here is the same system that the Wisconsin Supreme Court upheld against similar (indeed, mostly identical) constitutional claims in Vincent v. Voight,” the filing states. “That system, Vincent explained, complies with the Wisconsin Constitution because it affords every student the opportunity to obtain a constitutionally adequate education. The Supreme Court reached this conclusion notwithstanding various complaints relating to test scores, school facilities, teacher staffing, and the like — complaints that are materially indistinguishable from those that Plaintiffs raise here.”

The lawmakers said the plaintiffs in the suit are asking the judiciary to take over the Legislature’s constitutional role in determining funding for primary and secondary education, even as the Legislature has fulfilled its constitutional responsibilities by enacting a comprehensive school finance system for the state’s public schools. 

The new lawsuit argues that declines in student proficiency for Wisconsin’s reading and math test scores are the result of declining investments in schools. It also argues that the growth of the state’s school voucher programs, which use state money to cover the cost of private school tuition, have contributed to declining funding for Wisconsin public schools.

The lawsuit asks the court for a declaration that the Legislature hasn’t fulfilled and cannot “shirk” its constitutional obligation to fund schools at a sufficiently high level to “ensure that every Wisconsin student has an equal opportunity to obtain a sound basic education that equips them for their roles as citizens and enables them to succeed economically and personally in a tuition free public school where the character of instruction is as uniform as practicable.” It calls for the current funding system to be ruled invalid.

Jeff Mandell, co-founder of Law Forward, called the motion to dismiss a “predictable attempt to avoid accountability” in a statement.

“We filed this lawsuit because families, educators, and communities across Wisconsin are seeing firsthand that the current system is not meeting that promise — forcing schools to rely on referendums, widening inequities, and leaving too many students without the resources they need,” Mandell said. “We maintain that this case deserves to be heard and are confident that the court will agree.”

The lawmakers also argue in the filing that the five school districts named in the suit, including the Adams-Friendship Area School District, the School District of Beloit, the Eau Claire Area School District, the Green Bay Area Public School District and the Necedah Area School District, should be dismissed from the case, arguing that they lack standing to challenge the constitutionality of the school finance system as a political subdivision of the state.

The lawmakers argue that the issues the plaintiffs pointed to in the lawsuit are not sufficient evidence of the state not upholding its constitutional obligation.

The lawsuit specifically points to the increasing reliance of Wisconsin school districts on asking voters to help them keep up with operating costs by increasing local property taxes through ballot measures (with varying results) as well as the decline in the state’s special education reimbursement rate.

The state currently picks up a little more than one-third of special education costs, despite the state budget promising to cover 42% of costs this year. The Necedah Area School District, which recently failed to pass a  referendum in April, has diverted all of its revenue from its previous operational referendum requests, about $6.6 million, to its special education fund. Meanwhile, the special education reimbursement rate for private voucher schools is 90%. 

“The Wisconsin Constitution makes clear that localities are expected to cover a significant portion of the cost of funding public schools,” the Republicans’ filing states. “That some school districts have had to use some of their own general education funds to cover the costs of special education is not constitutionally significant in the absence of any plausible allegations that any student has been deprived of the opportunity to obtain a sound basic education. And as for districts’ need to use referenda to exceed the revenue limits here, this too is constitutionally irrelevant.” 

The Legislature appropriated more than $7 billion in school aid in the 2024–25 fiscal year, the Republican filing noted. 

Democratic lawmakers on the Joint Finance Committee submitted their own filing, which was supportive of the lawsuit. 

“A constitutional promise is not optional,” the lawmakers wrote. “Wisconsin children cannot receive one level of educational opportunity in communities that can raise and pass local referenda and another in communities that cannot.”

The lawsuit also lays out how the state’s private-school choice system, which was launched in the 1990s and has grown exponentially over the years, has contributed to the erosion in  funding for public schools. There are four distinct school voucher programs in the state: the Wisconsin Parental Choice Program, the Milwaukee Parental Choice Program, the Racine Parental Choice Program and the Special Needs Scholarship Program. Wisconsin is paying about $700 million this year for more than 60,000 students to participate in the voucher programs.

Republican lawmakers rejected the assertion that the choice programs are related to the lawsuit’s claims.

“This is a baseless attempt to tar these longstanding, alternative educational offerings that are both highly effective and extremely popular across the State,” the lawmakers stated. 

The Wisconsin Institute for Law and Liberty on behalf of parents and School Choice Wisconsin Action are also seeking to intervene in the case as are parents represented by EdChoice Legal Advocates, a school choice litigation firm.

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Republican lawmakers left open Gov. Tony Evers’ special session on gerrymandering on Tuesday, saying they want to have further conversations with Evers about the issue. Evers and Democratic lawmakers criticized the lack of action. In a statement, Evers said “there’s nothing to negotiate.” 

The open-ended special session began even as lawmakers and Evers continue to discuss a possible deal on property taxes and school funding.

Evers announced his intention to call the special session in February, urging lawmakers to pass a constitutional amendment to ban partisan gerrymandering. He officially ordered the session in March. The constitutional amendment would include language to expressly prohibit drawing districts that give a disproportionate advantage or disadvantage to any political party. It would not lay out a new process for drawing maps.

Wisconsin adopted new legislative maps in 2024 following a state Supreme Court decision that found the previous maps were an unconstitutional gerrymander. The maps will be in place until 2030 when redistricting happens again. Unless there is a change to the current process, lawmakers will again be in charge of drawing new maps in 2031.

Ahead of the noon start time for the session, Assembly Speaker Robin Vos (R-Rochester) and Assembly Majority Leader Tyler August (R-Walworth) announced their intentions to leave the session open in a statement. They said they did so in “an effort to continue meaningful dialogue.”

“We view the Governor’s proposal as a first step on which to build a more comprehensive, workable solution for Wisconsin,” the leaders said, adding that they want a face-to-face meeting with Evers to discuss ideas. “We’re committed to a transparent and balanced solution that reflects the interest of all Wisconsinites.”

Evers, who is serving his last year in office, has called special sessions many times over his two terms including on abortion, gun violence and the state budget. Republicans typically have gaveled in and out of them without taking action or have completely rewritten his proposals.

Senate Majority Leader Devin LeMahieu said in a statement that “any changes to the current process have to be made intentionally and specifically using normal legislative procedure” and that “leaving the special session open allows the legislature to gain public input in order to make an informed decision on how to proceed.” 

“In nearly every instance in which Republicans did not immediately gavel out of the governor’s special sessions, Republicans simply quietly gaveled out months later, largely to avoid press interest, bad headlines, and public scrutiny and accountability,” Evers’ spokesperson Britt Cudaback wrote in a social media post.

The Senate and Assembly adjourned until Thursday morning. 

Evers said in a statement after that there is “nothing to negotiate” and urged lawmakers to take action on the constitutional amendment. 

“Rigging maps so that one political party stays in power is wrong, it’s anti-democratic, and it’s un-American — there’s nothing to negotiate because there’s no room for compromise when it comes to making sure Wisconsinites’ voices matter and their votes count,” Evers said. “This is a first step — if we don’t get a ban on partisan gerrymandering put in Wisconsin’s constitution, lawmakers will never be forced to create the independent and nonpartisan redistricting process Wisconsinites deserve. Lawmakers either want to ban partisan gerrymandering in Wisconsin or they don’t.” 

As the Republican leaders in the Assembly and Senate gaveled in and adjourned the sessions, Democratic members remained on  the floor of each chamber to voice their opposition to Republicans’ lack of action.

Senate Minority Leader Dianne Hesselbein (D-Middleton) and Sen. Mark Spreitzer (D-Beloit) held a press conference to criticize Republican lawmakers for not showing up to debate the measure.

“It is a shame that Senate Republicans are refusing to do their jobs when the Senate Democrats are in the Senate chamber, ready to discuss, debate and pass the constitutional amendment banning partisan gerrymandering,” Hesselbein said. 

Hesselbein said every Senate Democrat would have voted in favor of the proposal. She also said that none of her Republican Senate colleagues had contacted her and she didn’t know whether they actually planned to come back. 

Spreitzer said that gerrymandering has led to elected officials ignoring issues that matter to voters. 

“We’re seeing the last vestiges of that right now, as lame duck Republicans who are afraid to run on fair maps aren’t even coming in to take up this issue ahead of this coming election,” he said. “We only have fair legislative maps now because of court action, but our work is not done. There will be another redistricting cycle after the next census after 2030, and we need to lock in constitutional protections to make sure that our maps are never gerrymandered again.” 

Spreitzer noted that the constitutional amendment would also provide legal grounds for a court challenge if there are gerrymander attempts in the future.

As a constitutional amendment, Evers’ proposal would need to pass in two consecutive sessions of the state Legislature before it would go to voters for the final say. 

Bianca Shaw, the Wisconsin state director for Common Cause, told the Wisconsin Examiner that the lawmakers subverted expectations for the session, but that she hopes it isn’t just about “optics” and that policymakers will take the time to listen to Wisconsinites about the issue. 

“I think that what the constituents want, what voters want, is most important,” Shaw said. “I think that it is constructive that it wasn’t outright dismissed but words alone won’t help reform, and so what I’m looking for is for legislative leaders to go into their communities and see what their constituents want.” 

Shaw said she thinks there are some shifts happening in lawmakers’ openness in part due to upcoming elections and as many are facing competitive races.

“I think that what is happening right now in the state of Wisconsin is our legislators, on both sides, on all sides, are understanding that they have to earn their votes.”

Shaw said the constitutional amendment would be a valuable signal, but not the full solution. Common Cause, which is a part of the Fair Maps Coalition, supports an independent redistricting commission proposal, which would take the job of drawing maps out of lawmakers’ hands. 

Negotiations on property taxes, school funding

Gerrymandering is not the only issue lawmakers and Evers are considering as they continue to seek a deal on tax relief and school funding. 

Wisconsin has a surplus of more than $2 billion and policymakers are seeking to tap it to provide property tax relief to citizens, who have seen large increases in their bills, as well as to  provide additional funding to school districts, which have seen a steady decline in state aid.

According to the Milwaukee Journal Sentinel, Evers told reporters on Monday that he and lawmakers were still talking about a potential deal.

“Before they disappear completely from Madison we need to get that done,” Evers said. “So we’re still talking.” 

According to WisPolitics, Vos said in a social media post that he had been in discussions with Evers for nearly a month and “our proposal encompasses property tax relief, rebate checks, tax exemption on tips and overtime, and enhanced special education funding for schools.” 

Other members of the Assembly Republican caucus, including Rep. Calvin Callahan (R-Tomahawk) also posted about the framework for the deal. 

However, it is unclear whether Senate Republicans are part of those negotiations or whether they are close to agreeing. LeMahieu declared that he was excluded from previous negotiations and the Senate did not go along with what Vos and Evers agreed. 

“Let’s hope we can convene the Legislature (we need the GOP State Senate to agree) soon so we can get this package enacted,” Vos said.

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Wisconsin lawmakers agree on the importance of providing public access to state government meetings through livestreams, but they finished their work this year without an agreement on a short-term or long-term plan to fund the Capitol livestreaming service WisconsinEye. The nonprofit organization faces an uncertain financial future. Jon Henkes, president and CEO of WisEye, now says the organization is hoping for further action in a special or extraordinary session.

Henkes, who was not available for an interview, said in a statement that WisconsinEye “remains hopeful of some level of support from the state, but right now that’s a big question given both houses of the legislature adjourned without agreement on a plan to be supportive.” 

WisconsinEye was started as an independent nonprofit in 2007 to livestream and archive government meetings and legislative sessions. For most of its history, WisconsinEye has relied on donations and is run independently from the state Legislature, but since the pandemic, Henkes has said the organization has had trouble raising funds for its operations. It has a budget of about $900,000 a year. 

The organization, which shut down it operations and pulled its archives offline for several weeks in December and January, turned to state lawmakers for help at the end of last year, but the path to a solution reached a halt as lawmakers deadlocked on what to do.

On March 23, WisconsinEye released a public statement saying that “access to the WisconsinEye archive may be curtailed to facilitate needed preparations for a possible permanent shutdown of the network.” It also said on its GoFundMe that “coverage of upcoming events is being reduced due to funding constraints.”

“There was much hope as leadership of both parties and houses energetically expressed support and gratitude for the mission and work of WisconsinEye,” Henkes wrote in his April message. “Bringing their good intentions across the finish line can still happen but it’s going to take an extraordinary or special session of the legislature, and the support of Governor Evers to come through for us. And by ‘us’ I mean all citizens who care about transparency and access, and who appreciate the network’s 18 years of exceptional public service.”

Gov. Tony Evers and lawmakers have talked previously about taking additional action in a special or extraordinary session this year, but those discussions have been centered around property tax relief and school funding, not WisconsinEye. It’s unclear whether additional issues could become wrapped up in those negotiations, though one Republican leader previously said a bill would focus on taxes and wouldn’t be a “mini budget.” 

There were two legislative efforts to address the crisis at WisconsinEye leading up to the final regular floor session this year.

A bipartisan Assembly bill would have placed $10 million, which had already been set aside in the form of matching funds for WisconsinEye, in a trust fund to accrue interest that the nonprofit would then be able to use for its operational costs, without the requirement that it match those funds. WisconsinEye still would have needed to raise a few hundred thousand dollars each year for its operations. 

The Wisconsin Senate passed a separate bill, which was amended to provide some stopgap funding for WisconsinEye and would have opened up the possibility of replacing WisconsinEye with another streaming service, launching a “request for proposals” (RFP) — or a bidding process for the job of livestreaming government proceedings. 

Neither body took up the other body’s proposal.

Other states have also navigated conflict over livestreaming government proceedings, including disagreements over funding, what is shown and how it is shown, according to a 2016 Stateline report. There are two legislative chambers in the U.S. that don’t livestream floor proceedings: the North Carolina Senate and the Missouri Senate. The latter has been debating allowing video livestreaming.

It’s unclear whether there is enough of an appetite from Wisconsin lawmakers for further action this year to ensure continued streaming into the future. The state Legislature finished its regular session business this year in March, meaning that action from lawmakers will be limited for the remainder of the year as many turn their attention to running for reelection.

Sen. Mark Spreitzer (D-Beloit), who voted for the state Senate proposal, told the Wisconsin Examiner in an interview that he is open to exploring a long-term solution over the next nine months. 

“We’re not back in session till 2027 and so the opportunity really to implement the results of an RFP wouldn’t really be there, and so I have no objection to spending the next nine months exploring, what might be out there to provide this service through an RFP,” Spreitzer said, “The real question… is what are we doing between now and next January? Are we providing some funding to keep WisconsinEye going?”

Spreitzer voted for the Senate proposal after amendments addressed some of his key concerns including providing stopgap funding to WisconsinEye to get it through the next year and the inclusion of some accountability measures. He said the sense of urgency to come to a solution faded after the session came to an end.

“I mean to be really blunt there was a sense that perhaps the only reason that they got stopgap funding for the month of February was that [Assembly] Speaker [Robin] Vos wanted his farewell address to be on WisconsinEye,” Spreitzer said. “I think once the legislators, who want their own speeches to be televised aren’t in session anymore, even though there are other government meetings, I think the urgency does fade, which is a problem.”

Assembly Speaker Robin Vos (R-Rochester), who is retiring at the end of his term, said at a WisPolitics event last month that he prefers having an independent organization responsible and that he thinks the Assembly proposal is the better option. 

“The idea that we’re going to go out to bid for a money-losing proposition that requires you to cover every hearing for free… doesn’t seem to be one that’s workable,” Vos said. “I don’t think that’s going to happen, but I don’t know.”

The bill’s lead author Sen. Julian Bradley (R-New Berlin) did not respond to requests for an interview. Spreitzer noted that Bradley has said he is open to providing state funding, but it would be open to those submitting proposals to speak to that. 

Senate Majority Leader Devin LeMahieu (R-Oostburg), who is also retiring at the end of his term, also did not respond to a request for comment. 

Vos said that while he hopes WisconsinEye will “survive” and “make it to the next budget cycle,” after that, “frankly, I’m gone” next session. 

Spreitzer said there should be some urgency attached to the recent update provided on March 23 from WisconsinEye. He said maintaining access to the archives is important, even when there are fewer legislative meetings going on to be livestreamed. 

“People don’t just want to watch meetings live. They want to be able to go back and see what happens,” Spreitzer said. “There’s an election coming up, and voters want to see what their elected officials were actually saying and doing during the session, and to not be able to go back and do that and have that accountability, I think would be a huge loss.”

In February, the Joint Committee on Legislative Organization voted to provide $50,000 to WisconsinEye to resume coverage, but the organization hasn’t received additional funds in the following months despite saying that it needed them. 

Spreitzer said he would support providing a “minimal monthly amount” to WisconsinEye to keep operations going until at least 2027, whether that has to be done through committee action or through a special session as suggested by WisEye. The Senate bill would have set aside over $580,000 and, if approved by JFC, the money would be paid out to WisconsinEye in monthly payments of about $48,000.

“That’s, you know, obviously up to Republican leadership,” Spreitzer added.

Spreitzer said taking the time to think through the long-term solutions is important, especially with a number of concerns about WisconsinEye and how it has navigated its advocacy efforts. He noted that the organization appears incapable of doing the fundraising that it has done in the past. 

“I did not feel like they were as up front or direct in communicating about that as they should have been, particularly with the Legislature,” Spreitzer said, adding that he received no direct communication and only saw press releases and messages posted to WisconsinEye’s website. “I just found that really inappropriate. We’d go on their website and we’d see — “if we don’t get money by this date we’re going to turn the archives off,” then they did turn the archives off. It felt more like extortion than somebody actually coming forward and saying, ‘Here’s our business model, here’s what’s not working, please help us.’ I just am not a big fan of handing a check to somebody that acts that way, at least not without accountability measures to make sure that doesn’t happen in the future.”

Ahead of the temporary shutdown in December and January, WisconsinEye said it had raised no funds for the year. It then launched a GoFundMe for small-dollar donations, and as of April 13, the nonprofit’s GoFundMe has raised over $94,000. The amount is less than half of WisEye’s $250,000 goal, which would cover three months of its operating budget.

The organization has said that coupled with a “solid state commitment” that raising the additional funds for its operating budget would be achievable, and donors view that approach with “confidence.” 

While he wants to see a short-term solution to continue access, Spreitzer said he thinks the conversation about a long-term solution should not be led by LeMahieu or Vos. 

“Speaker Vos and Majority Leader LeMahieu are not going to be the two people in charge next session,” Spreitzer said, adding they have been “running point” on the issue and were incapable of finding an agreement. “We should let them provide some gap funding to get us to next year, but I don’t see any reason why they should be part of a long-term conversation here when they’re not going to be here next year.”

Democratic Gov. Tony Evers, who would need to sign off on any legislation, is also on his way out of office at the end of his term. 

Spreitzer said he thought his bill was a good starting point for the conversation, but he didn’t know whether he would pursue creating a state-run public affairs network next year. Democrats are putting their efforts towards winning the Senate majority, which would put them in a better position to shape legislation.

“That’s a conversation we would all need to have as Democrats if we’re in the majority again — whether you do something fully public, or you do something that is more similar to the Assembly bill this session [and] WisconsinEye makes some changes to its board and how it operates in order to get public money,” Spreitzer said.

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