Madison, Wisconsin high school students march on the Capitol on Friday, Dec. 20 | Photo by Daphne Cooper
It was a brilliant, snowy Friday, the last day of school before winter break, as more than 100 students from high schools across Madison converged inside the Capitol. They gathered around the 30-foot balsam fir festooned with handmade ornaments, a model train chugging around the track at the base of the tree. At first it looked like a festive scene, but as the students poured into the first floor of the rotunda, then filled the second- and third-floor balconies, their shouting drowned out a group of Christmas carolers, who retreated, their songs giving way to chants of “No more silence! End gun violence!”
High school students protest gun violence in the Capitol | Photo by Ruth Conniff
The Madison teens showed up to express their grief and outrage over the deaths this week of a 14-year-old student, her teacher and a gun-wielding 15-year-old girl who opened fire Monday in a classroom at the small private Abundant Life Christian School on Madison’s east side. It was the city’s first school shooting but, incredibly, the 323rd in the nation this year.
Gun violence is the leading cause of death of children and teens in the U.S. Shouting, chanting, demanding to be heard, the crowd of children came to the Capitol Friday demanding that we wake up and do something about this appalling fact.
Our nation is an outlier, with a rate of gun violence that dwarfs other large, high-income countries. Firearm homicides here are 33 times higher than in Australia and 77 times higher than in Germany, according to a report from the Institute for Health Metrics and Evaluation at the University of Washington medical school. Not surprisingly, firearm injuries tend to be more frequent in places where people have easy access to firearms, according to a 2018 study published in the Journal of the American Medical Association.
What other country in the world could live with the Sandy Hook Elementary School shooting, where 20 little children between 6 and 7 years old and six adult staff were gunned down, and respond by making no significant restrictions on firearms?
Danny Johnson | Photo by Ruth Conniff
“My parents constantly talk about how, when Sandy Hook happened, they thought that would be the end of it,” said Danny Johnson, a first-year student at Madison West High School who joined the 3-mile march to the Capitol on Friday, carrying a sign scrawled on a sheet of notebook paper that said, “Thoughts and prayers until it’s your own child.”
“To constantly have to go through it — we shouldn’t have to be here. We should be in school not having to worry about it at all,” Johnson added.
Hanging over balconies and leaning against marble pillars, teens held up handmade signs that said; “Enough!” “You write your policies on a carpet of our dead bodies,” and “Graduations not funerals.”
In Wisconsin, the rate of gun deaths increased 45% from 2013 to 2022, compared to a 36% increase nationwide, according to the Giffords Law Center.
Every year since he was elected in 2018, Gov. Tony Evers and Democrats in the state Legislature have tried in vain to get Republican cooperation on ending the state’s current exemption from background checks for private gun sales. A proposed “red flag” law that would allow police or family members to seek an extreme risk protection order in court to take guns from gun owners who are found to be a danger to themselves or others has also gone nowhere. Both of these measures are broadly popular with voters across the political spectrum. Somehow that doesn’t seem to matter.
After this week’s school shooting. Assembly Speaker Robin Vos released a statement saying, “Today’s tragedy is shocking, senseless and heartbreaking. My thoughts and prayers are with the students, parents and faculty who will have to live with the trauma and grief of this day for the rest of their lives.” But Vos stopped short of saying he would make any effort whatsoever to protect kids and teachers from being shot to death at school. That phrase “thoughts and prayers,” rightly derided by the students who protested at the Capitol on Friday, is a pathetic substitute for action.
“Last year it was 12 years since Sandy Hook, 25 years since Columbine, and all our politicians can say from their cushy seats is that they’re sending out their thoughts and prayers about the leading cause of death for children in America!” yelled Ian Malash, a senior at Vel Phillips Memorial High School in Madison, pacing around the tree in the center of the rotunda. “We’re showing them right now and we are going to continue to show them that we are done with thoughts and prayers. We will make change happen because our lives depend on it.”
Vos, apparently recovered from his heartbreak over Monday’s tragedy and back to his old snarky self by Wednesday, mounted a robust defense of the status quo on X, retweeting a post from Wisconsin Right Now that mocked Democrats who “politicize this tragedy with cheap talking points.” The post claimed that, since it’s already illegal for a 15-year-old to possess a handgun, it’s ridiculous to connect the recent shooting to any effort to change gun laws.
Sen. Kelda Roys speaks to high school students in the Capitol Rotunda | Photo by Ruth Conniff
But, as state Sen. Kelda Roys told the crowd on Friday, “We know that states that have passed gun safety laws like background checks, like red flag laws … they see gun deaths and firearm injuries go down. We can do that here in Wisconsin, too. We just need to change the minds or change the legislators — and the judges, too, by the way.”
“My generation and the people in this building have let you down,” Rick Abegglen, the parent of a West High School daughter who helped organize the protest, told the crowd in the Capitol. “I am so proud of each and every one of you for standing up for yourselves. A few moments ago I saw somebody close the doors of the Senate because they did not want to hear your voices. Think about it.”
As he spoke, the students yelled louder, their voices bouncing off the marble walls, becoming harder and harder to ignore.
When the Wisconsin Legislature returns to work in January, Republicans will still be in charge but will have the narrowest majorities since taking control in 2011. That’s giving Democrats, including Gov. Tony Evers, optimism that both sides will be able to work together better than they have since Evers took office six years ago.
Both sides are eyeing the state’s massive budget surplus, which sits at more than $4 billion. What to do with that money will drive debate over the next two-year budget, which will be written in 2025, while questions hang in the air about whether Evers plans to run for a third term in 2026 and how the state will interact with President-elect Donald Trump’s administration.
Here is a look at some of the biggest pending issues:
New dynamic in the Legislature
Democrats gained seats in the November election because of redrawn maps ordered by the Wisconsin Supreme Court. The Republican majority now sits at 54-45 in the Assembly and 18-15 in the Senate. Democrats have 10 more seats in the Assembly than last session and four more in the Senate and are hopeful about gaining the majority after the 2026 election.
“We have already seen a shift in the Capitol due to the new maps,” Assembly Democratic Minority Leader Greta Neubauer told The Associated Press.
She and other Democrats predict it will lead to more pressure from rank-and-file Republicans in competitive districts to move to the middle and compromise with Democrats.
“Everybody understands, at least at this point, that we need to work together, pull together,” Republican Senate Majority Leader Devin LeMahieu told the AP. “And it’s important to get some things done.”
Pushing back against Trump
Democrats say they have been talking with Evers and Democratic Attorney General Josh Kaul about how Wisconsin can push back against the incoming Trump administration’s plans for mass deportations. But Democrats say they are also looking at other ways the state can fight Trump’s policies on issues like abortion and LGBTQ+ rights.
“We’re worried about a lot of the things that former and future President Trump might do, especially when it comes to deportation and immigration,” Senate Democratic Minority Leader Dianne Hesselbein said.
Republican Assembly Speaker Robin Vos said he would support Trump’s efforts to deport people who are in the country illegally and commit crimes.
Republicans prioritize cutting taxes. Democrats are open
Republicans passed a $3.5 billion tax cut that Evers gutted to just $175 million with his veto in the last budget. With another large surplus, Republicans say they want to try again.
“People struggling to pay their bills,” LeMahieu said. “We heard that in our local races. And so we want to help help help families out there. We have the money to do it. And that’s going to be our number one priority.”
Both he and Vos said they would like a tax cut of around $2 billion.
Democrats say that they aren’t opposed to cutting taxes, but that they want it to be targeted to helping the middle and lower classes and families.
“We are not interested in tax cuts that primarily benefit rich Wisconsinites or corporations,” Neubauer said. “But we are certainly open to tax cuts that help those who are struggling to make ends meet.”
K-12 education funding
The state superintendent of schools, Jill Underly, proposed spending more than $4 billion on K-12 schools in her budget proposal, which is subject to legislative approval. That’s almost certainly not going to happen, both Republicans and Democrats said.
“We’re not going to spend $4 billion on education, I can guarantee you that right now,” LeMahieu said.
While Democrats say they are prioritizing education funding, “I don’t think we’re going to be able to match that,” Hesselbein said of the $4 billion request.
Universities of Wisconsin
Leaders of the cash-strapped Universities of Wisconsin have asked for $855 million in additional funding in the next budget, nearly an 11% increase. System President Jay Rothman says schools need the money to stave off tuition increases, cover raises, subsidize tuition, and keep two-year branch campuses open in the face of declining enrollment and flat state aid.
Evers has promised to include the request in his budget, but Republican leaders said they would not approve that much, and Democrats also said it was a goal that was unlikely to be met.
LeMahieu and Vos both said UW would not get what it wants.
“We’re going to need to see some substantial change in how they’re doing their programing,” LeMahieu said. “We can’t just keep spending more and more on a system that’s educating less and less people.”
Marijuana, health care and other priorities
Vos said he intends to create a state-level task force to improve government efficiency, similar to what Trump created at the national level dubbed DOGE. He also supports passing a bill that would allow for the processing of absentee ballots the day before Election Day, a measure that’s had bipartisan support in the past but failed to pass.
Democrats say they will continue to push for ways to expand and reduce costs for child care, health care for new mothers and prescription drugs. Both Republicans and Democrats say they want to do more to create affordable housing. The future of the state’s land stewardship program also hangs in in the balance after the state Supreme Court said Republicans were illegally blocking funding of projects.
Democrats also say they hope to revive efforts to legalize medical marijuana, an effort that was backed by some Republicans but that failed to pass last session.
LeMahieu predicted the slimmer Republican majorities will make it more difficult for any marijuana bill to pass because some lawmakers “are dead set against it.”
Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.This story is published in partnership with The Associated Press.
Sen. Howard Marklein and Rep. Mark Born, who will continue to serve as co-chairs of the Joint Finance Committee in 2025, during a press conference in May 2023. (Baylor Spears | Wisconsin Examiner)
Assembly leaders have announced their appointments to the influential Joint Finance Committee for next session. The 16-member committee is responsible for writing the state’s two-year budget and reviewing state appropriations and revenues.
Assembly Speaker Robin Vos (R-Rochester) announced last week that Rep. Mark Born (R-Beaver Dam) will continue to serve as co-chair of the committee alongside Sen. Howard Marklein (R-Spring Green). Born has served as a co-chair since 2019.
Rep. Tony Kurtz (R-Wonewoc) is replacing outgoing Rep. Terry Katsma (R-Oostburg), who decided to retire this year, as vice-chair of the committee.
“I am confident that together, Reps. Born and Kurtz will work with their colleagues on the Joint Finance Committee to always put taxpayers first,” Vos said in a statement.
Rep. Karen Hurd (R-Withee) will join the committee next session.
“I look forward to the task of balancing the state budget and ensuring our state’s finances remain strong,” Hurd said in a statement. “We will work to strengthen Wisconsin’s economy.”
Reps. Alex Dallman (R-Green Lake), Jessie Rodriguez (R-Oak Creek) and Shannon Zimmerman (R-River Falls) will all return to the committee next session.
Assembly Minority Leader Greta Neubauer (D-Racine) announced Thursday that Reps. Tip McGuire (D-Kenosha) and Deb Andraca (D-Whitefish Bay) will continue to serve on the committee next session.
“Both legislators have proven themselves as powerful communicators and effective leaders, and I am sure they will both serve their communities and our state well on the legislature’s most powerful committee,” Neubauer said in a statement. “Next year, Assembly Democrats will fight for a visionary budget that moves our state forward, and I am confident that Rep. McGuire and Rep. Andraca are ready to advocate for what’s best for our state on the Joint Finance Committee.”
McGuire has served on the committee since January 2023, and Andraca was first appointed to the committee in August 2023 to fill a vacancy left by Rep. Evan Goyke.
McGuire said in a statement that his top priority on the committee will be ensuring “working families in Wisconsin can thrive.”
“That means fighting for affordability in housing and healthcare, quality public education, and a strong economy that grows the middle class and ensures hard-working people can get ahead,” McGuire said.
Other members of the committee include:
Sen. Patrick Testin (R-Stevens Point), who will serve as the Senate co-chair
Several hundred people gathered on the Capitol Square in Madison Tuesday evening for a vigil following a school shooting Monday that left three dead and injured six other people. (Erik Gunn | Wisconsin Examiner)
A day after a student killed two people, injured six others and took her own life at a Madison private school, public officials and community members mourned and processed their own trauma from the devastating violence.
“It is OK to ask for what you need to take care of your own mental health,” said Madison Mayor Satya Rhodes-Conway at a vigil on Madison’s Capitol Square Tuesday evening. “Please. Please. Let us be a community where it is okay to ask for help. Let us be a community where, when we see someone who needs help, that we are the first to extend our hands and to offer resources where they are needed. Let us be a community that takes care of each other. That is where our focus is right now — on caring for everyone who has been impacted by this gun violence.”
The vigil was organized by the Boys & Girls Club of Dane County. “We come together to begin the healing journey for our children and to support one another in this face of another school shooting that has hit our community,” said Michael Johnson, the organization’s president. “Let us remind each other that we are loved, that we are valued and we are not alone in this difficult time.”
“Violence in our community is preventable,” said state Rep. Sheila Stubbs (D-Madison). “We must not stand silent, but instead be moved to action.” She quoted Rev. Jesse Jackson, the civil rights activist: “At the end of the day, we must go forward with hope and not backwards by fear and division.”
The U.S. and Wisconsin flags are at half staff through Dec. 22 in commemoration of those killed and wounded in Monday’s school shooting in Madison. (Erik Gunn | Wisconsin Examiner)
Elected officials have united in expressing grief at the shooting. Following through on his announcement Monday, Gov. Tony Evers signed an executive order Tuesday morning calling for the U.S. and Wisconsin flags to be flown at half staff on all state buildings through Sunday, Dec. 22, as well as on the date of each victim’s funeral.
In the well of the U.S. House Tuesday, U.S. Rep. Mark Pocan, flanked by a bipartisan group of six of Wisconsin’s eight House members, led a moment of silence in recognition of those affected by the shooting.
“These were innocent lives, innocent victims of senseless violence, and we mourn their loss with their families and loved ones and the entire Abundant Life Community,” Pocan said. He thanked law enforcement, first responders and health care workers who went to the scene or treated the victims. He emphasized as well that not just the dead and wounded, but the school community, its students, staff and parents, are all victims.
Pocan, like many Democratic lawmakers, has long been an outspoken advocate for tougher gun laws aimed at curbing gun violence. He alluded to that cause in his House speech, saying, “We must do better and we must turn these moments of silence into moments of action.”
But Pocan demurred from discussing specific policy talking points.
At a WisPolitics panel, Assembly Democratic leader Rep. Greta Neubauer cited direct policy changes that Democrats in the Legislature have tried in vain to pass over the last several years, only to be blocked by large Republican majorities: red flag laws that enable authorities to take guns from people perceived to be dangerous and universal background checks on all gun purchases. With a narrower GOP majority in both houses, she said, she hopes measures such as those could advance in the session starting in January.
Meanwhile, on the same panel, incoming Republican Senate President Mary Felzkowski highlighted concerns ranging from violent entertainment to social media — rather than firearms — as potential targets for regulation to reduce gun violence.
In atelevision interview, Wisconsin Senate Majority Leader Devin LeMahieu (R-Oostburg) told Emilee Fannon of TV station CBS 58 that he would support a request by Wisconsin Attorney General Josh Kaul for $2.3 million in the state’s 2025-27 budget to continue permanent funding for the Office of School Safety in the Wisconsin Department of Justice. The office provides K-12 schools with resources to improve security measures and trains school staff on handling traumatic events and crisis prevention and response. It also runs a round-the-clock tip line.
The office became a partisan flashpoint in the Legislature’s 2023-25 budget deliberations after Republicans rejected funding and Democratic lawmakers attacked their decision. The state DOJ subsequently extended its operation by redirecting $1.3 million in federal pandemic relief funds.
In the hours after the shooting, elected officials were unanimous in their expressions of grief while dividing along party lines in their policy responses.
“Today’s tragedy is shocking, senseless and heartbreaking,” Assembly Speaker Robin Vos (R-Rochester) said Monday.
“My thoughts and prayers are with the students, parents and faculty who will have to live with the trauma and grief of this day for the rest of their lives,” he said. “There are no words to adequately express condolences to those who have lost loved ones or to express gratitude for the first responders who were on scene for this violence.”
The statement made no reference either for or against legislation to address gun violence.
Democratic lawmakers weren’t so reticent.
“Right now, it’s hard to think of a greater moral failing as a nation and society than our inaction and unwillingness to keep our children safe from gun violence,” said Sen. Kelda Roys (D-Madison). “We do not have to accept this as an ordinary part of life. No other country does. Indeed – guns are the number one cause of death for American children, and that is a policy choice.”
At a news conference hours after the shooting Monday, Rhodes-Conway largely kept her focus on trauma and healing. “I am on record that I think we need to do better in our country and our community to prevent gun violence,” she said, adding that solutions should be the work of the whole community. A little later, she added: “But first and foremost, what needs to be a priority for all of us is supporting our young people, and that is where our community’s attention needs to turn at this point in time.”
And at Tuesday night’s vigil, she kept the attention on those who had immediately responded to the crisis. “Our community showed up in a big way, and is still continuing to show up,” Rhodes-Conway said. “Ultimately, that’s what gives me hope.”
“Make no mistake, we still hold the majority,” Felzkowski said. “I hope we have better conversations. I hope we have better negotiations," Senate President Mary Felzkowsi said. (Screenshot via Zoom)
New-elected Senate President Mary Felzkowski (R-Tomahawk) said Tuesday that she hopes for more bipartisan conversations next year, but that her caucus plans to operate in the same way it has previously, since Republicans still hold the majority in the Wisconsin Legislature, even after losing a handful of seats this election year.
The Legislature will return with closer margins next year following elections under new legislative maps. Republicans will have an 18-15 majority in the Senate, down from their previous 22-seat supermajority. In the Assembly Republicans will hold a 55-45 majority. Felzkowski made her comments during a WisPolitics panel Tuesday alongside Assembly Minority Leader Greta Neubauer (D-Racine) and two strategists — Keith Gilkes, a consultant and former chief political advisor for Republican former Gov. Scott Walker and Democratic strategist Tanya Bjork.
“Make no mistake, we still hold the majority,” Felzkowski said. “I hope we have better conversations. I hope we have better negotiations.”
Felzkowski said she would “love” to have more meetings with Democratic Gov. Tony Evers, noting that former Gov. Scott Walker used to conduct weekly meetings with lawmakers during his time in office. (During the Walker administration, Republicans controlled both chambers of the Legislature and Democrats accused them of breaking the law by meeting in secret with Walker.)
Democratic leaders have said that they believe there will be more opportunities for work across the aisle next year, and that more competitive legislative districts will encourage that.
“We’ve got some Republicans. We’ve got some Democrats who are in close, 50-50 seats,” Neubauer said during the panel discussion. “I expect that some in Republican leadership want things to continue as they have in the past, but I expect that a lot of those members who are in those difficult seats are going to be pushing to invest in K-12, to lower costs for working families, to take up popular policy.”
The state budget — and potential use of the $4 billion budget surplus — will be a major focus for lawmakers when they return in 2025. Writing the budget is a time when lawmakers discuss potential policy changes on a wide array of issues, and the potential funding that should be placed behind them.
Potential budget proposals and policy changes in wake of school shooting
“This is the deadliest school shooting on record in Wisconsin and it’s just an incredible tragedy. I know that people across the state are sending their good thoughts, of course, to those who were impacted but also really are looking for leadership in this time,” Neubauer said. She said proposals from President Joe Biden, who called for Congress to pass universal background checks, a national red flag law and a ban on assault weapons and high-capacity magazines, as well as new proposals from Wisconsin legislators in the state budget could be paths for improving school safety.
“In Wisconsin, for many years, we’ve been talking about red flag laws. We’ve been talking about universal background checks. These are policies that are widely supported by the people of this state, and I think in particular when it hits home for kids,” Neubauer said.
“For my school district here in the Racine area, they would really like to invest in school safety, there are important programs that they run, there are physical improvements that they would like to make, and I know that we’re going to be having a budget conversation very soon,” Neubauer continued. “I do hope that we’re able to keep in mind that investments in K-12 are also investments in school safety, and that’s a responsibility of the Legislature for the coming session.”
Felzkowski stopped short of endorsing the policy changes that Neubauer mentioned. She instead said that people need to look at what has changed in American society, adding that people also took guns to school 30 and 40 years ago.
“We went hunting after school and nobody was afraid. Nobody was afraid that they were going to get shot at school, so society has changed,” Felzkowski said. “I think we need to recognize those factors that have changed in our society.”
“We can pass a lot of different legislation, but we need to start looking at underlying causes…Is it social media? Is it cyberbullying? Is it too much screen time in our children? Is it violence that we’ve allowed them to watch at a young age?” Felzkowski asked. “I hope we can come together with a lot of tough conversations and look at that.”
Felzkowski said increasing weapons screening in schools could also be a point of discussion.
“Those are conversations that we should have in this budget to help fund ideas, so that people can’t walk through the door with no screening,” Felzkowski said.
Spending the surplus, funding priorities
The state’s $4 billion budget surplus will likely be a key point of discussion during the budget writing process. Felzkowski said that when it comes to the surplus Republicans will “do exactly what we did last time,” and don’t plan on using the money for recurring projects.
“If the majority of this is one-time money we’re going to spend it on one-time projects,” Felzkowski said. “One-time money should be spent on infrastructure. Instead of borrowing, we’ll spend it on our roads. We’ll spend it on maintaining our buildings.”
Felzkowski said during the budget process, lawmakers will survey current spending costs and what funding could be needed for other priorities. She said returning money to taxpayers would also be a priority.
“If we have a $4 billion surplus, then we have too much of our taxpayers’ money; we can return it to them,” Felzkowski said.
Felzkowski added that the government didn’t choose for property taxes to rise in certain communities. Her comments follow a Wisconsin Policy Forum report that found gross K-12 property taxes in the state are expected to rise by the largest amount since 2009. She said she voted in favor of raising property taxes in her own community.
“When people vote at the local level to increase their taxes, their property taxes, that’s a decision they make, and that’s a decision they choose to make,” Felzkowski said. “I don’t think that’s government making that decision for them and I think that’s something they can do.”
Neubauer said Assembly Democrats would be open to conversations about tax cuts, if they’re targeted.
“We’re just simply not gonna give a tax cut to the wealthiest Wisconsinites and people who do not need it. We are very open to considering a tax cut that is targeted, that is focused on middle class and working families,” Neubauer said. She said also that people in their communities are being “forced to raise their own property taxes in order to fund their schools.”
Felzkowski didn’t specify what potential tax cut proposals would look like, but noted that Evers “moved the needle” for what he considered a middle class tax cut when he vetoed some tax cut bills lawmakers sent him earlier this year. Those proposals included raising the top income in the state’s second-lowest tax bracket to just over $112,000, exempting up to $150,000 in retirement income from the state income tax and increasing the current maximum marriage tax credit. Evers did sign a law increasing Wisconsin’s child care tax credit.
“If Gov. Evers continues to move the needle on what ‘middle class’ is, then we’re kind of at a loss,” Felzkowski said, adding that some families struggling financially could use a tax cut. “We gave [Evers] the tax cut and he still vetoed it. I’m hoping that that needle doesn’t move again.”
Several policy proposals are likely to be discussed next year in relation to the budget, including for Medicaid expansion and higher education. States that accept the federal Medicaid expansion agree to cover people with incomes up to 138% of the federal poverty guideline, and the federal government pays 90% of the cost for the additional Medicaid recipients, more than the 60% Wisconsin currently receives.
Evers has proposed that Wisconsin join 40 other states across the country in adopting the Medicaid expansion every budget cycle, and Republicans have rejected the proposal each time. Felzkowski said that it remains off the table for Republicans.
“We don’t have a gap in Wisconsin, so why would we take people off of private insurance to put them on government insurance and put our hospitals, who are already suffering, into a worse position with a lower reimbursement rate?” Felzkowski said. “We don’t need to create more gaps in health care when we have people covered.”
Neubauer said that Medicaid expansion would continue to be a priority for Assembly Democrats. She said that some insurance remains a “huge strain” on families with private insurance.
“They frankly are not able to afford it. They are cutting in other areas to afford that insurance,” Neubauer said.
Higher education will also be a focus of budget discussions as the UW System has requested an additional $855 million to bring the system up to the national median in state spending. Felzkowski said that she hasn’t heard much support for the proposal.
Other issue areas
Lawmakers may also turn their attention back to medical marijuana legalization this year. Felzkowski said that there was one person standing in the way of getting it done last session: Assembly Speaker Robin Vos.
“That person has some pretty strict ideas on how that bill should be drafted,” Felzkowski said. Vos’ proposal last session included opening a handful of state run dispensaries, an unpopular idea among many in the Legislature. “We’re hoping to have a conversation in early January to see if there isn’t a way that we can come to a consensus between Assembly Republicans and Senate Republicans to negotiate a compromise.”
Felzkowski said that a bill to allow “Monday processing” of absentee ballots could also come forward next session. A proposal to allow election clerks to begin processing absentee ballots on the Monday before the election passed the Assembly last session but never advanced in the Senate.
“There are many senators that were very much in support of that. The chair of the Senate elections committee was not and chose not to hear that. He is no longer a member of the Senate,” Felzkowski said. Sen. Dan Knodl, who served as chair of that committee, chose not to run for reelection under the new legislative maps, but will serve in the Assembly next year. “I’m hoping this year that we will have a committee hearing on that bill if it’s brought back and that we have a robust conversation on that. I personally think that is something that we should be doing in the state of Wisconsin.”
The Wisconsin Policy Forum recently reported that property tax bills mailed out to Wisconsin taxpayers this month will show the biggest tax increase from a previous year since 2009.
Assembly Speaker Robin Vos wasted no time in assigning blame. On X, Vos wrote: “When you receive your property tax bill this month, please remember it was Governor Evers who used his line item veto to create a 400 year guaranteed property tax increase.”
It’s true that Evers’ headline-grabbing partial veto of the last state budget extended the two-year tax increase the Legislature approved for school districts. The Legislature allowed schools to raise another $325 per pupil per year from local taxpayers for each year of the 2023-25 budget. By deleting some digits, Evers stretched that out until the year 2425.
But Vos’ accusation is fundamentally misleading in a couple of ways. First, the Legislature approved the increase for the duration of the current budget cycle. The fact that Evers extended it for centuries into the future made a big splash, but it didn’t add a penny to anyone’s property taxes this year.
Second, and more important to understand, as we begin another budget cycle and another slugfest over spending on schools, is that the Legislature’s stinginess when it comes to the state’s share of school funding is a major driver of property tax increases.
As the Wisconsin Policy Forum points out in its report, one key reason for the recent spike in property taxes is the historic number of school district referenda passed by local communities. Local property taxpayers voted to raise their own taxes. And why is that? Because the Legislature refused to give school districts enough money in the state budget to cover their costs.
But, you might object, Vos and other Republicans made a big point of touting their last budget’s “historic” $1.2 billion increase in funding for schools. Unfortunately, that claim is as misleading as Vos’ effort to blame Evers for your property tax bill.
To understand why school districts are begging local taxpayers for money at the same time Republicans claim they gave schools a “historic increase,” take a look at how little of that $1.2 billion in “education spending” actually went to schools.
For each budget cycle, the Legislative Fiscal Bureau produces a detailed summary of budget items by category. In the “Public Instruction” category, the Fiscal Bureau reports that “total school aid” in the 2023-25 budget came to $625 million.
Where did the rest go? To find out, you have to look down the list of Fiscal Bureau categories to “shared revenue and tax relief.” There, under the heading “school levy tax credit” you will find the missing $590 million in so-called school funding, in the form of a rebate to property taxpayers. Schools never get to touch that money. It is an oddity of Wisconsin law that the school levy tax credit is labeled as school funding.
The school levy tax credit puts school districts in an awkward position every year. At the end of October, every district sets its levy. People believe, based on that number, that they know what their tax bill will be. But later, on Nov. 20, the Wisconsin Department of Revenue tells each municipality the amount of the school levy tax credit that will be applied to local property tax bills and the number is readjusted. The state calls this tax credit money for schools, but it’s actually just a straight-up discount for property tax payers.
Now, had the Legislature actually put $590 million into school funding, schools would have been in a much better financial position, and we probably would not have seen a record-breaking number of districts asking property taxpayers to hike their own taxes to keep their local schools afloat.
The backdrop to all this was a huge, historic cut to school funding in Wisconsin back in 2012, followed by a decade and a half in which schools never recovered. Wisconsin has not given schools enough funding to keep pace with inflation for the last 15 years, state schools superintendent Jill Underly pointed out when she released her $4 billion 2025-27 budget proposal.
Vos dismissed Underly’s budget proposal as completely unrealistic. But in truth, it would pretty much restore Wisconsin schools to the level of funding they enjoyed right before the brutal cuts of former Gov. Scott Walker’s administration.
One of Underly’s top budget priorities is asking the state to meet its neglected commitment to cover 90% of special education costs, instead of the current 32%, which forces schools to raid general funds and cut programs to cover this unavoidable, federally mandated expense.
Another sensible idea, endorsed by the Legislature’s bipartisan Blue Ribbon Commission on School Funding in 2017, is to end the deceptive practice of putting money into the school levy tax credit and pretending that it funds schools.
Instead of playing a shell game with school funding and pointing fingers as local taxpayers continue to shoulder more and more of the cost, Wisconsin should use a portion of the state’s massive budget surplus to adequately fund schools.
The Assembly Democratic Caucus will enter the next year with 45 members — ten more than last session. Assembly Minority Leader Greta Neubauer (D-Racine) speaking at a press conference before an April 25, 2023 floor session. (Baylor Spears | Wisconsin Examiner)
Assembly Minority Leader Greta Neubauer (D-Racine) said in a year-end interview that the new makeup of the state Legislature is going to have a real impact next legislative session.
The Assembly Democratic Caucus will enter the next year with 45 members — ten more than last session — after the recent elections under new legislative maps, and the work to prepare for next session has started.
“The fair maps already started to change the culture of the state Legislature. We saw more bipartisan work last session. I expect that that will only increase as we go forward,” Neubauer told the Wisconsin Examiner. “We’ve got legislators who are going to be looking over their left and their right shoulder — a lot of people in competitive districts who are going to need to listen to their constituents and get things done.”
Assembly Democrats are looking to get things done, Neubauer said. To prepare, leaders are having one-on-one conversations with members. New lawmakers are participating in a freshman orientation this week and a caucus retreat is scheduled for later this week.
“We are working as a group to identify our top priorities — what it would take for us to vote for the budget, for example — and working to collectively leverage our power.” Neubauer said. She said many of the caucus’ new members have a local government background or have worked in advocacy roles or as a union leader, which is helpful.
Neubauer said she thinks the majority party will need some Democratic support to pass important bills, which could give Assembly Democrats the chance to shape forthcoming legislation.
“We want to make sure that we are taking advantage of those opportunities to get real wins for our constituents and pass important policy,” Neubauer said.
Assembly Speaker Robin Vos (R-Rochester) said during a press conference last month that he would still be seeking “consensus” among Republicans before moving forward on issues, even with the new slimmer margins. However, Neubauer said she thinks there will be more opportunities to work together on certain issues as there may be more members of the Republican caucus pushing their leadership to take up certain issues including investment in education, lowering costs, expanding access to health care including by extending postpartum Medicaid coverage, protecting the environment and providing clean drinking water.
“The reality is that he now has a lot of members who are in very close seats, who are going to need to go home and answer for their votes,” Neubauer said. “There’s a lot of really popular issues that Republicans have refused to take significant action on that I anticipate will be getting more air time in the coming session.”
Neubauer said she hasn’t spoken with Vos about the upcoming session, but hopes to soon.
Budget writing and other legislative priorities
When the Legislature returns to session next year, Gov. Tony Evers and the Legislature will work on writing the next two-year budget. State agencies have delivered their requests to Evers, who will write his own budget proposals. The Legislature will then write and vote on its own version before sending it to Evers, who will have the opportunity to sign or veto the budget.
“I am hopeful that in this budget, we will be able to lower costs for families in Wisconsin in housing and child care and prescription drugs. I hope that we’re able to make real investments in education and giving every kid the opportunity to succeed in our state,” Neubauer said.
School funding a top priority
Neubauer said education funding will likely be a top priority for the caucus, and that the proposals from the UW System and the Department of Public Instruction are strong. The UW System is requesting an additional $855 million from the state for many priorities, including wage increases, general operations costs, mental health services and extending the Wisconsin Tuition Promise. The Department of Public Instruction has requested an additional $4.3 billion to support schools struggling to meet costs; the request follows a record year for school referendum requests.
“I really appreciate the ambition and the effort to make the necessary investments to give every student in Wisconsin the ability to succeed,” Neubauer said. “We know that the state Legislature has not been keeping up its end of the bargain in terms of funding for our public schools and the Assembly Republicans have seemingly decided that their role is to attack and undermine the UW system rather than support and uplift it.”
Neubauer said she hopes they’re able to get a significant increase for education spending given the state’s significant $4 billion surplus, but noted that those priorities need to be balanced with other important priorities. When it comes to specific policies for investment for K-12 education, Neubauer said Democrats will be focused on increasing the reimbursement rate for special education, securing a “significant” increase to per pupil aid and mental health resources.
“It should not be falling to local communities to raise their property taxes in order to fund their schools, and I think for many of us, you know, we walk into our local schools and we see what’s been cut, and we see where additional resources could really make a difference for kids, and we think this is just wrong.” Neubauer said. She noted that Racine County, where she is from, is one community dealing with financial difficulties, including deficits and budget cuts. “We’re not doing right by them, and so I do think that’ll be a big focus for us in this budget, and then we will see where else we can support families to make ends meet and to have great opportunities in Wisconsin in the years ahead.”
Republican lawmakers, including leaders and those on the budget committee, have said that “returning the surplus back to taxpayers” will be one of their top priorities. Neubauer said that Democrats would be open to talking about targeted tax cuts that benefit middle class families.
“What we’ve seen from Republicans in the last several years is proposals that primarily benefit the richest Wisconsinites and corporations, and we’re not interested in that,” Neubauer said. “We know that many people are struggling to make ends meet in Wisconsin, but it can’t break the bank, and it needs to be targeted.”
Funding local government
Neubauer said local government funding will likely be another key priority for Democrats this coming session. Even with the shared revenue overhaul last session, she said many Wisconsin communities are still struggling to fund essential services.
“We did make progress, but we had fallen so far behind,” Neubauer said. “We’ve got red and blue communities that are coming to us and saying with the federal dollars going away here at the end of the year, they’re going to have a very difficult time funding their public health departments, their parks and community centers, their public safety and those are all essential to our community’s well being.”
Prying loose JFC’s grip on the public purse
Neubauer said she hopes with the maps that there will be more accountability for lawmakers on the Joint Finance Committee if they decide to withhold funds next session. Lawmakers dedicated money to several issues last session — including $125 million to combat PFAS, $50 million to support new literacy initiatives and $15 million for hospitals in the Chippewa Valley — however, the funds have been withheld by the Republican-led Joint Finance Committee due to policy differences after the funds were allocated.
Neubauer said she hopes this will happen less in the coming session. She pointed out that Sen. Duey Stroebel, a prominent Republican member of the committee, was ousted from his seat this election cycle by Democrat Sen.-elect. Jodi Habush Sinykin. Sen. Joan Ballweg, another member of the committee, also lost her reelection bid.
“People of Wisconsin don’t really like that. Those are important priorities to people across the state,” Neubauer said. “I think that having more legislators and competitive seats will mean that the people, I hope, on the Joint Finance Committee are hesitant to do that.”
Neubauer said that the multiple court cases challenging JFC’s enhanced authority could also help with the issue.
“We’ve already seen one decision from the Supreme Court that said that they had overstepped, and there are other cases moving through,” Neubauer said. “I think that’s a good thing, and it makes me hopeful that Republicans on the Joint Finance Committee will no longer be able to act as sort of another Legislature in preventing the implementation of these programs that have already been passed and already been signed.”
Beyond budget priorities, Neubauer said that the caucus is continuing to think about other longer term issues — including legalizing marijuana, addressing gun safety, protecting abortion rights, addressing climate change, ensuring everyone has access to clean drinking water and public safety reforms — but she expects some of those will require a Democratic majority.
Neubauer said that Democrats are always working towards the majority in the Assembly, and she thinks the last election laid the groundwork for a Democratic takeover in two years. She noted there could be the opportunity for a Democratic trifecta in that election cycle.
“We’ve got strong candidates that ran this cycle, many of whom want to run again. We really built our grassroots infrastructure in communities where we haven’t had competitive districts for quite some time, and I think we learned some things about how to run such a big program with so many candidates under these fair maps,” Neubauer said.
Jay O. Rothman, president of the University of Wisconsin System, speaks during the UW Board of Regents meeting hosted at Union South at the University of Wisconsin–Madison on Feb. 9, 2023. (Photo by Althea Dotzour / UW–Madison)
The Universities of Wisconsin Administration released a third-party report on its finances Monday, announcing plans for how it can better and more efficiently support the state’s public universities as the system faces declining enrollment and increased scrutiny from Republican lawmakers.
The report’s release comes after Assembly Speaker Robin Vos said that the system’s $855 million budget request was a nonstarter — even though system President Jay Rothman agreed to Republican demands for changes to the system’s diversity, equity and inclusion policies.
“Right now, the Universities of Wisconsin are 43rd out of 50 states in the nation in terms of public support for our universities,” Rothman said on WISN’s UpFront on Sunday. “The $855 million gets us up to average, gets us up to the median. That, to me, in the context of a long period of time where the universities have not been invested in, is a reasonable ask.”
The release of the report, from the consulting firm Deloitte, on the system administration’s finances comes after similar reviews of the finances of the 12 University of Wisconsin schools outside of UW-Madison. Ten of those schools have been operating at a deficit as budget support from the state government has decreased and enrollment numbers have declined. Only the Madison, La Crosse and Stout campuses have been projected to create enough revenues to cover their expenses.
A strategic plan implemented by the UW Board of Regents in 2022 calls for structural deficits to be resolved by 2028. A decade-long tuition freeze implemented by Republican lawmakers was ended in 2022 and earlier this year, the Regents approved the second tuition increase in two years.
“The independent third-party review that has now concluded complements our strategic plan, adopted by the Board of Regents two years ago,” Rothman said in a statement. “It provides us insight on how better to provide unparalleled educational opportunities for Wisconsin students, improve Wisconsin communities, and help Wisconsin win the War for Talent.”
The report notes that each campus is run independently and that system administration needs to do a better job clearly stating what its goals are so campus leaders can plan effectively.
There is a need to improve systemwide accountability, while leaving space for the unique identity and culture of each campus, as the Universities of Wisconsin is the sum of its parts, ultimately rolling up to singular financial statements.
“Without a clear tactical vision and roadmap for the future of UW operations, it is difficult for university leaders to make informed decisions about investing in operations and/or strategic priorities,” the report states. “UW universities would benefit from a strategic roadmap across administrative, operations, technology, programmatic, and enrollment initiatives.”
Efforts to solve the system’s financial woes have already been underway, with a number of branch campuses across the state being shuttered and faculty and staff at several universities facing layoffs.
The release of the individual campus financial reports in April drew concerns from faculty and students that the system would lean on austerity measures to balance the budget, harming their jobs and educational opportunities when the true cause of the struggles is the lack of financial support the system has gotten in the state budget.
Monday’s report recommends that the system administration do more oversight of academic program creation and management, noting that the number of programs at the 12 non-Madison campuses has grown by nearly 7% while the number of bachelor’s degrees conferred has declined by more than 9%. The report states that system administration should set clear markers for what it means for a program to be successful and better determine if a program should be tweaked, invested in, combined between campuses or closed.
“While creating and curating academic programs should fall within the purview of faculty governance at each university, UW Admin should be accountable for creating transparent policies and processes to provide the data necessary for the Board of Regents to fulfill its role in approving and monitoring programs,” the report states.
With the release of the report, Rothman announced a number of plans to follow its recommendations, including being more active in enrollment management, creating a work group for evaluating low-enrollment programs, increased standards for financial accountability and providing “more effective, customer-focused shared services.”
“These reviews have helped us refine steps to eliminate structural deficits at a number of our universities and embark on a path of long-term financial stability,” Rothman said. “We will continue to make necessary changes across our universities to ensure faithful stewardship of resources and to better serve students and parents, employers, and communities across Wisconsin.”
Protesters filled the Wisconsin Capitol in 2011 to protest the legislation that ultimately past as Wisconsin Act 10, eliminating most union rights for most public employees. (Photo by Emily Mills. Used by permission)
A Dane County judge on Monday struck down the core parts of the landmark state law that eviscerated most union rights for most public employees in Wisconsin.
Judge Jacob Frost ruled that Act 10, passed by the state Legislature’s Republican majority in 2011 and signed by former Republican Gov. Scott Walker in his first year in office, was unconstitutional in making some public safety workers exempt from the law’s limits on unions but excluding other workers with similar jobs from those protections.
The ruling essentially confirmed Frost’s ruling on July 3, 2024, when he rejected motions by the state Legislature’s Republican leaders to dismiss the 2023 lawsuit challenging Act 10.
In that ruling, Frost declared that state Capitol Police, University of Wisconsin Police, and state conservation wardens were “treated unequally with no rational basis for that difference” because they were not included in the exemption that Act 10 had created for other law enforcement and public safety employees.
For that reason, the law’s categories of general and public safety employees, and its public safety employee exemption, were unconstitutional, Frost wrote then.
Frost reiterated that ruling Monday. “Act 10 as written by the Legislature specifically and narrowly defines ‘public safety employee,’” Frost wrote. “It is that definition which is unconstitutional.”
In addition, the judge rejected the suggestion that Act 10 could remain in effect without the law’s public safety employee carve-out, and that either the courts or the Wisconsin Employment Relations Commission could resolve a constitutionally acceptable definition in the future.
“The Legislature cites no precedent for this bold argument that I should simply strike the unlawful definition but leave it to an agency and the courts to later define as they see fit,” Frost wrote. “Interpreting ‘public safety employee’ after striking the legislated definition would be an exercise in the absurd.”
Advocates, lawmakers react
Opponents of the law, including plaintiffs in the lawsuit, cheered Monday’s ruling, while Act 10’s backers attacked it and vowed to see it through the appeals process.
The lawsuit was brought on behalf of a group of local and state unions and public employees by the progressive nonprofit law firm Law Forward along with Bredhoff & Kaiser.
“This historic decision means that teachers, nurses, librarians and other public-sector workers across the state will once again have a voice in the workplace,” said Jeff Mandell, Law Forward president and general counsel. “Every Wisconsin family deserves the chance to build a better future through democratic participation in a union. As an organization dedicated to protecting and strengthening democracy, Law Forward is proud to have been a part of this important case.”
Assembly Speaker Robin Vos (R-Rochester), dismissed Monday’s ruling. Through its Republican leaders, the Legislature was among the defendants in the lawsuit.
“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges,” Vos said in a statement. “Act 10 has saved Wisconsin taxpayers more than $16 billion. We look forward to presenting our arguments on appeal.”
Gov. Tony Evers, who has sought to repeal Act 10 since he took office in 2019, applauded the ruling.
“This is great news,” Evers, a Democrat, said in a social media post on BlueSky and on X. “I’ve always believed workers should have a seat at the table in decisions that affect their daily lives and livelihoods. It’s about treating workers with dignity and respect and making sure no worker is treated differently because of their profession.”
Evers sought to repeal the law in each of the three state budgets he has submitted since taking office, but the Legislature’s Joint Finance Committee Republicans stripped those provisions each time.
Ben Gruber, a conservation warden and union leader, called the ruling “personal for me and my coworkers.” Gruber is one of the named plaintiffs in the lawsuit.
“As a conservation warden, having full collective bargaining rights means we will again have a voice on the job to improve our workplace and make sure that Wisconsin is a safe place for everyone,” he said in a statement distributed by the Wisconsin Education Association Council (WEAC).
Member local unions of WEAC were among the plaintiffs.
“The lawsuit was filed because of the dire situation that exists in Wisconsin’s public service institutions since workers’ freedoms were unconstitutionally taken away,” WEAC stated. “The state’s education workforce is in crisis as 40 percent of teachers leave the profession in the first six years because of low wages and unequal pay systems; the conservation warden program is fraught with unfair and disparate treatment of workers; and there is a 32 percent staff vacancy rate for corrections officers.”
Also joining in the lawsuit was the union representing University of Wisconsin graduate students who work as teaching assistants, TAA Local 3220.
“Graduate workers look forward to claiming our seat at the table to ensure our teaching and research, which helps make UW-Madison a world-class university, are supported and compensated fairly,” said TAA’s co-president, Daniel Levitin. “The winds of change are blowing in our direction and we urge the university to take note and voluntarily recognize the TAA as the union of graduate workers and be prepared to meet us at the bargaining table.”
TAA is affiliated with the American Federation of Teachers. “Workers must have the right to partner with their employer and negotiate fair wages, benefits, and working conditions,” said AFT-Wisconsin President Kim Kohlhaas.
Appeals expected
WEAC’s statement cautioned that the ruling’s impact would be delayed by appeals. “The plaintiffs acknowledge that while this decision is a major win for Wisconsin’s working families, it is likely that the case will remain in the courts for some time before a final victory is reached and pledge to continue fighting until the freedoms of all workers in Wisconsin are respected and protected,” the teachers union said.
Sen. Dianne Hesselbein (D-Middleton) was first elected to the Legislature the year after the law was passed and now leads the Democratic minority in the state Senate.
“This is a crucial step to recognize and restore the rights of hard-working public employees doing the people’s work in every corner of Wisconsin,” Hesselbein said in a statement. “There are likely further hurdles ahead and I applaud the resolve of those who have kept up the effort to restore the right to collectively bargain in the state.”
State Rep. Ryan Clancy (D-Milwaukee) was a Milwaukee Public Schools teacher when the law was enacted.
“I saw firsthand the negative impact that the lack of collective bargaining had not only on our profession of teaching but also the schools, students, and our communities,” Clancy said in a statement. He called Monday’s ruling “a crucial step to ensuring that every Wisconsin worker has access to fair and equitable working conditions.”
Sen. Rachael Cabral-Guevera (R-Fox Crossing), was among the GOP lawmakers decrying the decision, declaring that the law had saved taxpayers $30 billion — nearly twice the figure Vos asserted.
“Today, an activist Dane County judge overstepped his role and unilaterally struck down Act 10 because it didn’t align with his politics,” she said in a statement. “One judge, appointed by the current governor, acting like a super-legislature is about to bankrupt local governments and school districts across Wisconsin.”
Kurt Bauer, president of Wisconsin Manufacturers & Commerce, the state’s largest business lobby and among the groups that had championed the legislation, called the ruling “wrong on its face and … inconsistent with the law” in a statement Monday that called Act 10 “a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings.”
He said the business lobby’s members “hope this ruling will be appealed and that Act 10 will be reinstated as quickly as possible.”
This story has been updated with reactions to the ruling.
Wisconsin Supreme Court Justice David Prosser | official portrait
Former Wisconsin Supreme Court Justice and Assembly Speaker David Prosser died Sunday at 81 after a months-long battle with cancer.
After graduating from law school in 1968, Prosser spent most of his career working in government, in all three branches.
The Appleton native worked as a staff member of then-U.S. Rep. Harold Froehlich, as an attorney for the U.S. Department of Justice, and as the Outagamie County district attorney for two years before being elected to the Assembly in 1979.
He served in the Assembly for nearly 20 years, serving as Speaker of the chamber and as minority leader. In 1996 he left the Legislature to run for U.S. Congress, losing his race for the state’s 8th Congressional District to Democrat Jay Johnson.
After that loss, Republican Gov. Tommy Thompson appointed Prosser to the Wisconsin Tax Appeals Commission.
In a statement, Thompson said Prosser dedicated his life to public service.
“A man of deep conviction and intense loyalty to our way of life, David knew without citizen service, there was no real democracy and that to avoid the slings and arrows of public life was to surrender one’s convictions,” Thompson said. “He never did.”
Thompson appointed Prosser to the state Supreme Court in 1998.
In 2011, Prosser held onto his seat, winning a tightly contested election against JoAnne Kloppenburg by 0.5% of the vote. Prosser’s victory to coincided with a sharp right turn in the state’s politics, with Republicans controlling all three branches of state government. That period also marked a sharp increase in partisanship among the Court’s justices.
In 2011, as the justices debated the Court’s decision on Republican’s Act 10 bill to limit the collective bargaining rights of public employees, Justice Ann Walsh Bradley accused Prosser of putting his hands around her throat in a “chokehold.” The state’s Judicial Commission filed ethics charges against Prosser, but the case petered out after most of the justices said they couldn’t weigh in on its conclusions because they had witnessed the event.
Shortly before his retirement from the Court in 2016, the Court’s conservative majority renamed the state’s law library after him.
“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others. His exemplary service in all three branches of government demonstrated his unparalleled versatility and dedication to the public good,” Chief Justice Annette Kingsland Ziegler said in a statement. “On the bench, Justice Prosser brought a keen intellect and deep sense of fairness to every case, leaving an indelible mark on Wisconsin jurisprudence. He was well known for digging into the books and conducting exhaustive research, often ‘burning the midnight oil’ in the law library. Justice Prosser possessed a critical understanding of, and allegiance to, the rule of law.”
The Court’s now-liberal majority renamed the library after Lavinia Goodell, Wisconsin’s first woman lawyer, in June.
Earlier this year, Prosser was one of the retired former justices from whom Assembly Speaker Robin Vos sought advice as Republicans called for the impeachment of Justice Janet Protasiewicz. In a statement, Vos said Prosser was a “mentor” and celebrated his career of public service.
“Dave had a great sense of humor and was always quick to offer advice that was filled with great ideas and common-sense solutions,” Vos said. “He was well-regarded and well-respected by his colleagues on both sides of the aisle. A man of wisdom, Dave listened first, was thoughtful and independent-minded in his decisions. He gained the trust of his colleagues, both Republicans and Democrats. Dave leaves a legacy of service to the state that won’t be matched.”
Voters Nov. 5 amended the Wisconsin Constitution to limit voting to citizens. Republican supporters said it would prevent any move allowing noncitizens to vote in local elections, as some U.S. jurisdictions allow.
Over 9% of voting-age U.S. citizens (21.3 million people) cannot readily access proof of citizenship, because they do not have it or could not access it easily, a University of Maryland survey released in June said.
This fact brief is responsive to conversations such as this one.
Assembly Minority Leader Greta Neubauer (D-Racine) speaking at a press conference before an April 25, 2023 floor session. (Baylor Spears | Wisconsin Examiner)
A bolstered Assembly Democratic Caucus voted unanimously Tuesday to elect Rep. Greta Neubauer (D-Racine) to another term as Assembly minority leader. Her continued leadership was confirmed after Democrats gained 10 additional seats in the Assembly this year.
New electoral maps passed by the Republican Legislature and signed by Gov. Tony Evers gave Democrats the chance to compete for more seats in newly competitive districts this November. While Assembly Republicans will hold a 54-seat majority next year, Assembly Democrats grew their caucus from 35 members to 45 members.
Neubauer has served as the leader of Assembly Democrats since 2021. She was first elected to the Assembly in 2018.
“Our caucus will return to the Assembly floor in January with ten new members — the largest increase in membership in one election in more than 50 years. The next session will present us with new opportunities and new challenges, and our work is cut out for us,” Neubauer said in a statement. “We will put forward a visionary and inclusive policy agenda. We will help craft a budget that works for every Wisconsinite, in every community. And we will reflect the will of the people.”
Other leaders in the Legislature were also reelected in the last two weeks with Assembly Speaker Robin Vos (R-Rochester), Senate Majority Leader Devin LeMahieu (R-Oostburg) and Senate Minority Leader Dianne Hesselbein (D-Middleton) all chosen to continue in their positions.
Other members of Assembly Democratic leadership include:
Rep. Kalan Haywood (D-Milwaukee) as Assembly minority assistant leader
Rep. Lisa Subeck (D-Madison) as Assembly minority caucus chair
Rep. Clinton Anderson (D-Beloit) as Assembly minority vice-caucus chair
Rep. Mike Bare (D-Verona) as Assembly minority caucus secretary
Rep. Jodi Emerson (D-Eau Claire) as sergeant-at-arms
Michael Gableman in Dane County Circuit Court on Thursday, June 23 | Screenshot via Wisconsin Eye
The Wisconsin Office of Lawyer Regulation (OLR) filed a disciplinary complaint against former Supreme Court Justice Michael Gableman on Tuesday. In 10 counts, the complaint alleges Gableman violated numerous provisions of the Wisconsin Rules of Professional Conduct for Attorneys during and after his much-maligned investigation of the 2020 election.
Among the allegations, Gableman is accused of failing to “provide competent representation” and to “abstain from all offensive personality” and of violating attorney-client privilege.
The OLR investigation into Gableman was initiated after a grievance was filed by voting rights focused firm Law Forward. In a statement, Law Forward president Jeff Mandell said the organization would continue to hold people accountable for undermining faith in the state’s election system.
“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Mandell said. “Law Forward is committed to ensuring accountability for those who undermine the public’s trust in our elections, and we will continue to pursue legal action to hold others who impugn elections responsible for their actions, ensuring that they face consequences for any misconduct that threatens the freedom to vote. Our work is far from finished, and we are dedicated to securing a future where elections remain fair, transparent, and free from interference.”
The first two counts against Gableman involve statements and actions he took after filing subpoenas against the mayors and city clerks of the cities of Green Bay and Madison. The complaint alleges that Gableman mischaracterized discussions he had with the lawyers for both cities, communicated with Green Bay’s city attorney when the city had obtained outside counsel in the matter, lied to Green Bay city officials about the work of his investigation and mischaracterized those actions when he filed a petition with a Waukesha County Circuit Court attempting to have the mayors of both cities arrested for not complying with his subpoenas.
The third count alleges that Gableman made false statements in his testimony to the Assembly Committee on Campaigns and Elections when he accused officials at the Wisconsin Elections Commission, as well as the mayors of Green Bay and Madison, of “hiring high-priced lawyers” to conduct an “organized cover-up.”
“Gableman did not characterize his assertions as opinions,” the complaint states. “He presented them as objective, proven facts. His assertions were public accusations of improper, possibly unlawful activity by Mayors Rhodes-Conway and Genrich. Gableman had no tangible, verifiable, objective, persuasive evidence to support his assertions. Gableman’s accusations caused serious reputational damage to the public officials involved. He publicly sought to jail the mayors of Madison and Green Bay, despite all they and their attorneys had done to comply with Gableman’s subpoenas.”
The fourth through seventh counts against Gableman involve actions and statements he made during open records litigation involving his investigation by the public interest organization American Oversight.
Those counts allege that Gableman’s statements while on the witness stand, in open court during a recess and to the news media after a hearing about his investigation’s failure to provide records constituted demeaning statements about a judge and opposing counsel and displayed a “lack of competence” in following the state’s open records and records retention laws by destroying records and failing to comply with American Oversight’s records requests.
Count eight alleges that Gableman used his contract with the Wisconsin Assembly and Speaker Robin Vos to pursue his own interests, including by stating multiple times he had to “pressure” Vos into continuing the investigation that dragged on for months after it was supposed to end.
The complaint states that Gableman was paid a total of $117,395.95 during the investigation and the Assembly paid $2,344,808.94 for the investigation, including $1,816,932.26 for hiring outside counsel in multiple instances of litigation initiated during the review.
“Before signing the contract, Gableman did not tell Vos that he did not agree with the objectives Vos had outlined, the time frame for submitting the final report, or the compensation to be paid to him,” the complaint states. “Gableman also did not tell Vos that he intended to enlist public support to pressure Vos to change the objectives of the investigation, increase the budget, or expand the time frame.”
The ninth count in the complaint alleges that by supporting a failed effort to recall Vos, and making various public statements at rallies and in the media about his discussions with Vos and Vos’ staff, Gableman violated his duty of confidentiality with his client, the Assembly.
The final count alleges that Gableman lied in an affidavit to the OLR submitted during its investigation into his conduct. Gableman stated in the affidavit that at no time during his investigation was he “engaged in the practice of law.” However the complaint includes excerpts from a number of the agreements he signed with the Assembly that served as contracts for “legal services,” lists the instances during the investigation in which he gave legal advice to the Assembly and the times he made court filings as an attorney during the investigation.
The complaint states that he made “multiple demonstrably false statements” in the affidavit in which he was attempting to show he had not violated the state code of conduct, itself a violation of the code.
OLR complaints are heard by the state Supreme Court. The office said it doesn’t comment on pending litigation.
State Superintendent Jill Underly proposed a grant program to help support clean water in schools. Underly with Madison La Follette High School Principal Mathew Thompson and Madison Public School District Superintendent Joe Gothard in September. (Ruth Conniff | Wisconsin Examiner)
Department of Public Instruction Superintendent Jill Underly is proposing the creation of a grant program to support Wisconsin schools in upgrading water fountains to control for lead and other contaminants.
Underly made the announcement Thursday at Cooper Elementary in Superior, and it’s the latest in her growing budget proposal, which will be released in full later this month. She proposed other budget measures Monday that would dedicate over $3 billion to public education for an array of priorities, including increasing the state reimbursement to school districts for special education costs to 90%.
“It is critical that Wisconsin kids have access to clean drinking water, and schools are a big part of that,” Underly said in a statement. “Funding provided through my budget meets that need and allows schools to have the latest drinking water equipment available to their students.”
Lead exposure can lead to lifelong damage to the brain and other bodily systems for anyone, but is particularly damaging for children under age 6. Wisconsin schools aren’t required to test for lead in their drinking water, but in recent years, some schools have found elevated levels of lead in water coming from fixtures in buildings during voluntary testing.
Under the proposal, the department would dedicate $2.5 million towards the grant program to help schools in modernize water fountains and ensure students have access to clean drinking water. Underly said her budget proposals, including the grant program, put “Wisconsin kids first.”
“By investing in things like expanding access to healthy meals at no cost to families, increasing school mental health services, supporting districts in retaining high-quality teachers, and improving early literacy outcomes, we are moving Wisconsin forward,” Underly said.
State agencies’ proposals are just the first step in Wisconsin’s budget process. The agencies will deliver their budget requests to the Department of Administration’s State Budget Office. The requests will then be delivered to Gov. Tony Evers, who will create his own budget proposal. Evers’ proposal will then be sent to the Wisconsin State Legislature, which will write the budget bill over the course of several months before voting on it and sending it to Evers to sign or veto.
With the state’s $4.6 budget surplus, Democrats are seeking to invest more money in an array of priorities, including public education.
Republican lawmakers, who hold majorities in the Senate and Assembly, appear to be opposed to the size of Underly’s proposals. Assembly Speaker Robin Vos (R-Rochester) said this week that it is not a “serious” proposal.
“We have plenty of money to still invest in our priorities, but it’s going to be nowhere near what she proposed,” Vos said.
Senate Democrats at a press conference on Nov. 12. (Baylor Spears | Wisconsin Examiner)
With elections over, the Wisconsin State Legislature is beginning to organize itself for the coming term. Assembly Republicans reelected Speaker Robin Vos (R-Rochester) Tuesday to serve another term in the position and Senate Democrats reelected Dianne Hesselbein (D-Middleton) as Senate minority leader.
Vos is the longest serving Assembly speaker in Wisconsin history, having first been elected to the position in 2013. He was challenged Tuesday by Rep. Scott Allen (R-Waukesha) but held on to the top position. The caucus was closed to press, and the vote count wasn’t shared.
Vos will continue in the position with a smaller caucus after Democrats won 10 additional seats this month. He said that Wisconsin’s split election results are a message that voters want lawmakers to “focus on what’s important to them.”
“If you talk to most folks, they know the price of groceries. They know that rent is higher, and the cost of just about everything is higher,” Vos said. “We have a record surplus… we are not in a rush to spend that.”
Democrats in the Assembly and Senate were able to compete more closely for seats because of new voting maps in Wisconsin that went into effect this year. The maps were passed by Republican lawmakers and signed into law by Democratic Gov. Tony Evers in February after the Wisconsin Supreme Court ruled that the previous maps were an unconstitutional gerrymander. Republicans have held a majority in the state Legislature since 2011.
Speaker Robin Vos speaking about leadership elections at a Nov. 12 press conference. (Screenshot vis WisEye)
Assembly Majority Leader Tyler August (R-Walworth), who was elected to another term in his leadership position, said Democrats had an “atrocious” election night after the new, more competitive voting maps were “engineered to put themselves in the majority.”
When asked whether he would approach the job any differently with the slimmer margins, Vos said the caucus would still be seeking to get “consensus” from the majority of its members before bringing proposals to a vote, and that for some issues it could be harder to bring proposals forward. For example, he said a proposal on an issue such as legalizing medical marijuana could be more difficult.
“Reducing the size of government, not expanding welfare, making sure we invest in our priorities, returning the surplus back to taxpayers — I think the vast majority of things that we put on the table will be things that all 54 people in our caucus will unite behind,” Vos said.
Lawmakers will spend considerable time in the coming months debating the next two-year state budget and how to use the state’s $4.6 budget surplus. Assembly Republicans said they want to cut taxes as a way of returning the money to Wisconsinites and don’t want to grow the size of government.
Vos said the budget surplus only exists because Evers vetoed Republicans’ tax cut proposals in the last budget, and that one proposal they will likely look at again is a tax cut for retirees. He also said the proposal put forth by Department of Public Instruction Superintendent Jill Underly to dedicate an additional $4 billion to public education in the state budget wasn’t “serious.”
Other members of the Assembly Republican leadership include:
Rep. Scott Krug (R-Nekoosa) will serve as assistant majority leader.
Rep. Kevin Peterson (R- Waupaca) will serve as speaker pro tempore.
Rep. Rob Summerfield (R- Bloomer) will serve as caucus chair.
Rep. Cindi Duchow (R-Town of Delafield) will serve as caucus vice-chair
Rep. Treig Pronschinske (R-Mondovi) will serve as caucus sergeant-at-arms.
Rep. Nancy VanderMeer (R-Tomah) will serve as caucus secretary.
Hesselbein leads Senate Democrats
Hesselbein will lead Senate Democrats again in the upcoming term. She was first elected to the leadership position in December 2023 to replace Sen. Melissa Agard, who was just elected to serve as Dane County Executive.
Senate Democrats are entering next year with four additional members to the caucus, including Jodi Habush Sinykin, Sarah Keyeski, Jamie Wall and Kris Alfheim. That increases the number of Democratic-held seats to 15 and cuts the Republican majority to 18 seats.
Hesselbein said she was “absolutely devastated” that President-elect Donald Trump won a second term in office and carried Wisconsin, however, she said that her growing caucus is proof that Democrats worked hard and won over voters. She added that Senate Democrats have a path to winning a majority in 2026 when the odd-numbered Senate seats will be up for election.
“This is the state of Wisconsin. Just a few years ago, [on] the same night we elected Tony Evers and Ron Johnson,” Hesselbein said. “This is nothing new to the state, but going forward in two years, it’ll be a new dawn and a new day.”
Until then, Hesselbein said that she is looking forward to more conversation and compromise with Republicans going forward.
“Right now, we’re sitting on billions of dollars in our state coffers. A record number of schools this year went to referendum because we’re not funding schools adequately,” Hesselbein said. “We need to stop that trend and we need to fund K-12 schools in the state of Wisconsin. We need to be investing in public universities and our technical colleges, working to keep tuition affordable.” She also promoted investing in young families, infrastructure, transportation systems and protecting the state’s natural resources.
“We will fight tirelessly to get that job done,” Hesselbein said.
Her “door is open” for Republican lawmakers, she said.
Sen. Jeff Smith (D-Eau Claire) was elected to continue serving as assistant minority leader, Sen. Mark Spreitzer (D- Beloit) was elected to serve as caucus chair and Sen.-elect Dora Drake (D-Milwaukee) was elected to serve as caucus vice-chair.
Last week Senate Republicans reelected Majority Leader Devin LeMahieu, who has led the caucus since 2021. Assembly Democrats plan to meet next week to hold leadership elections.
On Tuesday, voters across Wisconsin will decide the shape of the Wisconsin State Assembly under new legislative maps, which were adopted in February after the state Supreme Court ruled the old maps were an unconstitutional gerrymander.
The new maps have created a different political dynamic this year in Wisconsin placing Republicans on defense as they seek to protect their majority while Democrats go on offense, seeking to make gains and place some new faces in the Assembly. Republicans have held large majorities in both chambers of the Legislature since 2010 under the previous maps, winning 64 of 99 Assembly seats in 2022.
Democrats are likely to pick up some seats in the Assembly, where every seat is up for election this year, but it’s not certain Democrats can win enough seats to take control of the chamber. (In the 33-seat Wisconsin Senate, where not all seats are contested this year, Republicans will likely retain control but see some erosion of their current two-thirds supermajority.) Democrats are running campaigns in 97 of the 99 Assembly districts, while Republicans are running in 84 districts. Representatives serve two-year terms and make a salary of about $57,000 per year.
John Johnson, a fellow with Marquette Law School, said it “remains a long shot” for Democrats to gain majority control in the Assembly. He said it seems both Republicans and Democrats have done what they need to in terms of recruiting serious candidates and funding campaigns in potentially competitive districts.
“[Democrats] almost need to run the table of competitive seats,” Johnson said. “Whereas Republicans only need to win some of them. If Republicans win half of the sort-of competitive seats, then they’ll retain a slim majority.”
Assembly Speaker Robin Vos recently has said retaining the Republican majority will be “challenging,” but “not impossible,” according to the Daily Cardinal. Vos, who is the longest serving Assembly speaker in state history, said a 55-44 Republican majority would be needed for him to remain in the leadership position.
Assembly Minority Leader Greta Neubauer (D-Racine) has said she is confident Democrats can win the majority this year.
“The question at hand is will Republicans be able to continue using the Legislature to consolidate their own power and serve their own interests, or will we have a Legislature that truly reflects the will of the voters in Wisconsin and passes the policy that people need to thrive?” Neubauer told the Examiner last month.
Some of the races Marquette’s Johnson is watching include the four Assembly districts won by both Evers and Ron Johnson in the same year — the 85th AD in Wausau, the 88th AD in Brown County, the 92nd AD near Eau Claire and the 94th AD near La Crosse.
“Those are interesting, as you know, sort of like truly super-narrowly divided places,” Johnson said. Another race he said he’ll watch is the 21st Assembly District in Milwaukee County
Johnson said Wisconsin’s interesting geographical makeup and the small metro areas that exist around the state are part of what is keeping some of these districts competitive.
“In contrast to some states that really just have one big city or one big metro, like in Minnesota, Wisconsin has all of these small to medium sized cities that frequently are pretty Democratic, at least in their core, and an Assembly seat needs to be about 60,000 voters,” Johnson said. “You can end up drawing seats that lean Democratic in those places like Sheboygan, even though Sheboygan County is very Republican.”
Many of the close districts feature a Republican incumbent fighting to hold onto a seat. The candidates’ incumbency status could play a role in whether they are able to overcome the new lines.
A piece that Johnson published in 2023 about results the year prior found that incumbents running for reelection in voting wards that they’ve already represented improved their vote margin by about 4 points over what would have been expected in an open district.
“Incumbency advantage still exists less than it used to be. And I think you can kind of decompose it into two parts,” Johnson said. “Part of it is name recognition, people like you, they’ve seen you show up at events, and then the other part of it is just having more experience running a campaign, maybe being better at fundraising, having more volunteers already, that kind of thing.”
With less than a week to go before Election Day, the Examiner looked at two Wisconsin Assembly races that are among the most competitive and feature an incumbent running for reelection.
21st Assembly District
Longtime Republican Rep. Jessie Rodriguez faces Democrat David Marstellar in the race for the 21st Assembly District, which sits in Milwaukee County.
Rodriguez has served in the Assembly for more than 10 years, having first been elected during a 2013 special election. She has won all of her elections with 54% or more of the vote, but that was under the old gerrymandered maps in a district that leaned Republican.
Rep. Jessie Rodriguez sits for a photo in the Assembly Parlor. Photo by Baylor Spears.
The new 21st district includes Oak Creek and a portion of the city of Milwaukee around the Mitchell International Airport. It has a 54% Democratic lean, according to the Marquette Law School analysis. Rodriguez’s opponent, Marstellar, is a health care advocate who told the Examiner he first considered running because of the new district lines. His goals, if elected, include making health care more accessible and addressing public safety issues by allocating additional money to police departments and police training.
Marstellar received a heart transplant recipient about five years ago, and said he was only able to receive the care because of the Affordable Care Act. His brother died from a similar heart congenital condition years earlier because he wasn’t able to afford health care. The ACA didn’t exist at the time.
“It’s personal to me,” Marstellar said. “In January, I’ll celebrate six years post heart transplant, which was made possible by the Affordable Care Act. In 2003, my younger brother died at age 38 because he couldn’t afford health care.”
“I’m committed to expanding Medicare, Medicaid and Badgercare in the state — something that my opponent has repeatedly failed to do,” he added. Marstellar said he also wants to work to lower the price of prescription drugs.
Marstellar received encouragement to run from others, and decided he could outwork his opponent’s incumbent advantage.
“What I said to my friends and family and my supporters, people that are helping me all along, I may be a heart transplant recipient, but nobody — nobody will outwork me in the field, and that has been proven,” Marstellar said, adding that he has knocked 25,000 doors in the district.
Rodriguez said in an interview on News/Talk 1130 WISN that she has been working to introduce herself to the new voters who are now part of her district and noted the new spending by Democrats in the race. Rodriguez didn’t respond to interview requests from the Examiner.
According to Fall Pre-Election campaign finance reports, Marstellar has raised $1,497,924 and spent $1,438,780 over the year. Meanwhile, Rodriguez has raised $865,528 and spent $819,921 in the same time period.
“This election is being bought out by people out of state, not people from Wisconsin,” Rodriguez said. Marstellar, for his part, said this was a “talking point” and that he and his supporters have worked hard on bringing in donations.
In her reelection campaign, Rodriguez has focused on economic issues, saying the economy is the issue voters bring up the most. She has been a proponent of cutting taxes, including for middle class families and retirees. Rodriguez currently serves on the powerful Joint Finance Committee which plays a lead role in crafting the state budget every two years.
“These are things that we can use to help people right now, when everything’s more expensive,” Rodriguez said of proposed tax cuts.
Rodriguez said in an interview with WisEye that consolidating the state’s four school voucher programs, which allow students in Wisconsin to attend private schools using public funds, into one will be one of her top priorities if reelected. Before she was elected to the Assembly, Rodriguez served as outreach coordinator for Hispanics for School Choice and she has continued to be an outspoken advocate for expanding private school choice in Wisconsin.
Abortion and reproductive health care have also become an issue in the race with Rodriguez saying her stance on reproductive health issues has been misrepresented. She said she supports IVF and contraception access as well as restrictions on abortion that make exceptions for rape, incest and the life of the mother.
“We should help women who are having a hard time conceiving. We should support them in using these types of treatments and access to contraceptives,” Rodriguez said.
Rodriguez voted in favor of a 14-week abortion ban bill, which would require the approval of voters, in 2023. She also supported a bill that would update an 1849 law, which at the time had halted all abortion care in Wisconsin following the overturn of Roe v. Wade, to include exceptions in the case of rape or incest. Rodriguez has also supported bills that would extend postpartum Medicaid coverage to 12 months and that would allow pharmacists to prescribe birth control.
Marstellar, who is endorsed by Planned Parenthood of Wisconsin, said Rodriguez is just “painting herself as a moderate.” He pointed to her votes in support of keeping the 1849 law in place. He said he trusts women and doctors to “make their own decisions” and that politicians “do not belong in examination rooms with patients.”
61st Assembly District
Republican Rep. Bob Donovan and Democrat LuAnn Bird are competing to represent Assembly District 61, which covers Greendale and Hales Corner in Milwaukee County. The race is a rematch for the candidates after they faced each other in 2022 for the seat Donovan currently holds.
The new district is a 50.8% Republican lean, according to the Marquette Law School analysis. CN Analysis rates it as “Tilt D.”
Donovan was drawn out of the district with the new maps, but said he would move to remain in the district. He said in an interview on News/Talk 1130 WISN that he wants to keep representing the district and work to improve public safety, including addressing reckless driving, and push Milwaukee local leadership to address other issues. Donovan didn’t respond to interview requests from the Examiner.
Rep. Bob Donovan in Wisconsin Capitol in 2022. (Baylor Spears | Wisconsin Examiner)
“We’ve given Milwaukee the tools, whether it’s strengthening some of the laws relating to public safety, the financial tools we’ve given them,” Donovan said, referring to the shared revenue deal that allowed Milwaukee to increase its sales tax. “Now, it’s time that they start delivering. Most of these issues revolve around local leadership and sadly, in my opinion, that’s not occurring to the level it needs to occur. We need the local officials to step up,” Donovan said. Prior to serving in the Legislature, Donovan served on the Milwaukee Common Council from 2000 to 2020.
Bird told the Examiner that she decided to run again because the issues that she ran on last time are still urgent. She lost the race by 525 votes in 2022. Since then, she has continued to advocate for some of the issues she ran on, including supporting the state’s child care industry.
“Now the maps are fair, and it feels so good to not have to go out there and defend the governor’s veto, which is what we were doing last time,” Bird said. She was one of a handful of candidates in tight races who received support from the Women Save the Veto PAC — a group launched to prevent Republicans from gaining supermajorities in both houses of the Legislature, which would have given them the ability to override vetoes by Democratic Gov. Evers.
“Now it’s just about… let’s see if we can flip the Assembly and actually represent the values of the people in our community,” Bird said, “like women’s rights and gun safety and public education and the high cost of living.”
According to fall pre-election campaign finance reports, Bird has raised $1,673,838 this calendar year and spent $1,659,311. Donovan has raised $792,697 and spent $813,745.
Donovan and Republicans have centered culture war issues in the campaign against Bird. According to the Milwaukee Journal Sentinel, Bird is one Democratic candidate dealing with anti-transgender ads targeting her.
“She comes across at the doors as everyone’s favorite grandma, in reality, she’s pretty far left,” Donovan said in the News/Talk 1130 WISN interview.
“She is pushing for a far left agenda in our schools that will allow men in girls’ locker rooms and dividing our kids by racial lines. That’s not good, and what people expect from their schools is getting a good education, teaching the reading and writing and math and history.”
During his first term in the Assembly, Donovan voted in favor of a bill that would ban transgender girls from participating on girls’ athletic teams and a bill that would ban gender-affirming medical care for minors.
Bird said the comments were “disappointing,” and the focus on the culture war issues is “part of the Republican playbook to paint all Democrats as out of touch.”
“It’s disappointing to see the lack of respect for human dignity,” Bird said. “These are people that need our support, and they’re figuring out who they are, and they need to have the freedom to be who they are. They don’t need government interference in their private lives.”
Bird said that she’s having to combat the messaging from the ads with person-to-person conversations. She said she recently had a beer with a friend of hers who had become unsure about voting for her. She emphasized that she wants to help bring “civility” back to the political process.
“I’m just kind of that person who wants to solve problems, and I can’t sit back when you see problems, and that’s why I’m in this race,” Bird said.
Other Assembly races to watch next week include:
Republican first-term Rep. Amy Binsfeld faces Democrat Joe Sheehan, former superintendent of the Sheboygan Area School District and executive director of the Sheboygan County Economic Development Corporation, in the race for Assembly District 26. The district is located on the coast of Lake Michigan and includes the city of Sheboygan and the village of Wilson. According to the Marquette Law School analysis, it has a 52.1% Democratic lean.
Republican Rep. Shannon Zimmerman, who has served in the Assembly since 2016, and Democrat Alison Page are running in the 30th Assembly District, which is in western Wisconsin covering the cities of Hudson and River Falls as well as the towns of Troy and St. Joseph. According to the Marquette Law School analysis, it has a 52.6% Republican lean.
Republican Dean Kaufert, a business owner and former Assembly representative, and Democrat Duane Shukoski, a Neenah retiree, are running for Assembly District 53 in the Fox Valley, which includes the cities of Neenah, Menasha and part of Appleton. According to the Marquette Law School analysis, it has a 53.4% Democratic lean.
Republican Rep. Patrick Snyder, who has served in the Assembly since 2016, faces Democrat Yee Leng Xiong, executive director at the Hmong American Center and a member of the Marathon County Board in the race for the 85th Assembly District. According to the Marquette Law School analysis, it has a 52.6% Democratic lean
Democrat Christy Welch, chair of the Brown County Democratic Party, and Republican Benjamin Franklin, a small business owner, are running for Assembly District 88, which covers De Pere, Allouez and Bellevue. It has a 52.1% Republican lean.
Democrat Ryan Spaude, a criminal prosecutor, and Republican Patrick Buckley, who serves as the Brown County Board chairman, are running for Assembly District 89 covering parts of Brown County including Ashwaubenon and Green Bay. According to the Marquette Law School analysis, it has a 50.8% Republican lean.
Republican Rep. Clint Moses, who has served in the Assembly since 2020, is running against Democrat Joe Plouff, in the race for Assembly District 92, which covers Menomonie and Chippewa Falls. According to the Marquette Law School analysis, it has a 52.4% Republican lean.
Democratic Rep. Steve Doyle, who has served in the Assembly since 2011, is running against Republican Ryan Huebsch, the executive director of Wisconsin Conservative Energy Forum and son of former Assembly Speaker Mike Huebsch, for Assembly District 94. It covers parts of La Crosse and Trempealeau counties, including La Crosse, Onalaska, West Salem, Holland, Caledonia and Ettrick. According to the Marquette Law School analysis, it has a 53.6% Republican lean.
Election officials have expressed confidence in Wisconsin’s election system and its ability to withstand any 2020-style attempts to overturn the results — yet some members of the state’s Republican party, and Donald Trump himself, have continued their work of the past four years to undermine trust in the system.
On Friday, Trump posted on X that if elected he would prosecute people who “cheated” in the election.
“I, together with many Attorneys and Legal Scholars, am watching the Sanctity of the 2024 Presidential Election very closely because I know, better than most, the rampant Cheating and Skullduggery that has taken place by the Democrats in the 2020 Presidential Election,” he wrote. “It was a Disgrace to our Nation! Therefore, the 2024 Election, where Votes have just started being cast, will be under the closest professional scrutiny and, WHEN I WIN, those people that CHEATED will be prosecuted to the fullest extent of the Law, which will include long term prison sentences so that this Depravity of Justice does not happen again. We cannot let our Country further devolve into a Third World Nation, AND WE WON’T! Please beware that this legal exposure extends to Lawyers, Political Operatives, Donors, Illegal Voters, & Corrupt Election Officials. Those involved in unscrupulous behavior will be sought out, caught, and prosecuted at levels, unfortunately, never seen before in our Country.”
After the 2020 election, Wisconsin Republicans formed the plan that became the fake elector scheme. In Wisconsin and six other states where President Joe Biden won, slates of Republicans cast fraudulent Electoral College votes for Trump. Those votes became the basis for Republican members of Congress’ effort to vote to change the results of the election and give the victory to Trump on Jan. 6, 2021.
In the months leading up to the 2024 election, election experts here have pointed to legal developments that should prevent a similar effort this year. The Republicans who took part in Wisconsin’s fake elector scheme have been barred from serving as presidential electors, Congress passed a law making it harder for them to dispute election results and more people are watching than in 2020.
Absentee counting
But some conspiracy theories that abounded after 2020 have persisted. Republicans in Wisconsin claimed that voter fraud had occurred in Milwaukee because thousands of votes from the largely Democratic voting city were “dumped” in the middle of the night, flipping the election to President Joe Biden.
The votes hadn’t been dumped. Instead the city — dealing with a massive increase in absentee voting because of the COVID-19 pandemic — took longer to count those ballots at its central count location.
While most communities in the state count absentee ballots at the same polling place where the voters who cast them would vote in person, 36 communities send their absentee ballots to be counted together at one location.
In response to the conspiracy theories about late night “ballot dumps,” the state Legislature considered a bill that would allow local election officials to begin processing absentee ballots on the Monday before the election. Local clerks would be able to open absentee envelopes and get the ballots ready to be counted, though not actually fed into tabulating machines, ahead of time, which would have allowed the counting on Election Day to move faster.
The bill passed the Assembly, but Republicans in the state Senate killed it.
On Thursday, Assembly Speaker Robin Vos (R-Rochester) blamed state Rep. Janel Brandtjen (R-Menomonee Falls) for the bill’s failure. Brandtjen has been one of the Legislature’s most outspoken election conspiracy theorists. Some of Wisconsin’s most prominent election deniers had opposed the bill’s passage during public hearings — alleging that if the ballots were processed ahead of time, nefarious actors could figure out exactly how many fraudulent votes were needed to swing the result.
Wisconsin Elections Commission Chair Ann Jacobs expressed her exasperation on social media: “It was based on her conspiracy theory that (somehow) if the 10’s of 1,000’s of envelopes were opened early, someone could figure out the exact # of fake ballots (how? Who knows!) would be filled out & added to the ballot count. Complete nonsense yet here we are!”
Because the bill failed, and because many voters have continued to use the absentee and early voting processes after the pandemic, it’s likely that Milwaukee will again report results long after polls close on Election Day.
Wisconsin’s system
Unlike most other states, Wisconsin’s election system is decentralized. Administration of elections is handled by the 1,850 municipal clerks working across the state. Each clerk is responsible for the election within their community.
At a virtual event hosted on Friday by Keep Our Republic — an organization that has spent four years trying to rebuild trust in the election system by explaining to skeptics exactly how the system works — former Wisconsin Congressman Reid Ribble said that if a person can’t trust politicians that the system is safe and secure, they should trust their local clerk and their friends and neighbors who volunteer as poll workers.
“Elections in Wisconsin are fair and safe and the 1,800 county and municipal clerks that are running those elections, and the thousands and thousands of local volunteers and poll workers, are working very hard to do their jobs in a non-partisan manner,” Ribble said. “I’ve often told friends of mine and other citizens … I get it if you don’t trust politicians. One person you should be able to trust is that — usually a senior citizen — poll worker at your local precinct that’s checking your ID and giving you a ballot and making sure that everything is done correctly. You often see these people at your grocery store. They might sit two or three rows in front of you at church and these are your friends. They’re your neighbors. They’re people that are concerned about defending democracy and seeing it unfold in front of their very eyes.”
Once polls close on Election Day and the votes are tallied, unofficial results get sent to county clerks, who report those preliminary numbers. It’s from those initial reports that media organizations use statistical processes to “call” races, declaring who has won. But the actual winners aren’t officially declared until the results are certified at multiple levels.
This multi-step process gives election experts another layer of assurance that despite continued conspiracy theories, Wisconsin’s system is resistant to meddling.
Each municipality convenes a Board of Canvass, a multi-member body that reviews the community’s election results and makes sure that there aren’t any irregularities — making sure that the number of ballots cast equals the number of people who signed the poll books, for example.
Board of canvass members live in that community, which experts say makes it hard for them to throw a wrench in the process and refuse to certify results, because they’d be declaring that their friends and neighbors’ votes shouldn’t count. This differs from states such as Georgia, where fears have arisen after last-minute process changes that partisan officials placed in this step of the process could throw out results, swaying the election to Trump.
After the local board certifies the results, in Wisconsin, a similar body at the county level does the same. Then the state elections commission reviews the tallies and the chair of the commission certifies the results. Gov. Tony Evers will then certify whether the Democratic or Republican slate of electors has been chosen.
On Dec. 17 this year, the electors will meet and cast their Electoral College votes for the winner of each state.
Lawsuits
Ahead of the 2020 election, many lawsuits were filed as questions arose over how to conduct a presidential election during a pandemic. After Biden won, Trump and his campaign undertook a flurry of legal efforts in an attempt to overturn the results.
UW-Madison Law School Professor Robert Yablon said at the Keep Our Republic event Friday that 2024 has seen even more litigation than 2020.
“In Wisconsin and around the country, election contests are increasingly being waged, not just in the court of public opinion, but in actual courts,” Yablon said. “The volume of litigation that we have seen in Wisconsin in 2024 is already higher than we saw in 2020, despite the fact that we’re no longer dealing with a pandemic that’s creating an array of controversies and questions about what sort of voting accommodations to be providing.”
The most significant lawsuit ended when the Wisconsin Supreme Court overturned a previous decision that outlawed the use of absentee ballot drop boxes. Drop boxes became very popular with the rise in absentee voting in 2020, but Republicans turned against them as conspiracy theories spread, claiming the boxes are vulnerable to fraud. Hundreds of drop boxes were in place across the state in 2020, but despite being legal again this year, only 78 are being used.
A lawsuit has also changed rules guiding absentee witness signatures. Absentee voters are required to have someone witness their ballot by signing the absentee ballot envelope and providing their address. If the address isn’t included, the ballot can’t be counted.
In the past, local clerks have been given some discretion to add missing information to the address line. If, for example, a married couple filled out their ballots together and a voter’s spouse wrote “ditto,” the clerk could write in the complete address. Or if the clerk knows where the person lives, they could add that information themselves, similarly if the person left off a zip code or city name, the clerk could complete it.
This practice was banned by a 2020 court decision, but subsequent lawsuits have clarified that the ballot must be counted “as long as the certificate contains enough information for the clerk to reasonably be able to identify the place where a witness may be communicated with,” Yablon said.
A number of other lawsuits amount to what Yablon said are efforts to sow distrust in the system, even if they won’t be resolved ahead of the election. Two of these lawsuits involve the state’s voter rolls and when election officials are required to deactivate a voter’s registration.
Some Republicans have become obsessed with the voter registration system in recent years, claiming that election officials are keeping voters active in an effort to allow fraudulent votes.
“To some extent, it seems like these cases are serving to perpetuate and reinforce dubious doubts about legitimacy of the election, and to feed into narratives that the results shouldn’t be trusted,” Yablon said. “They’re trying to implicitly suggest that our voter rolls are bloated, and so there are many people on them who might vote who shouldn’t be voting.”
“The reality is that this is a lawsuit that is not likely to create any action,” he added. “We’re not going to start purging voters days before the election.”
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