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.”
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
"Fire Duey Stroebel" sign at Habush Sinykin Election night party. (Baylor Spears | Wisconsin Examiner)
Tuesday’s election results for the Wisconsin State Legislature were mixed. Wisconsin Democrats won several key state Senate races, breaking the Republican 22-seat supermajority and laying the groundwork for Democrats to compete for a majority in 2026. In the Assembly, Republicans appear to have held their majority with many incumbents defeating their challengers.
New legislative maps, which were adopted in February after the state Supreme Court ruled the old maps were an unconstitutional gerrymander, gave Democrats the opportunity to run in competitive districts in many cases for the first time in over a decade.
Half of the state Senate was up for reelection this year, and Democrats ran in each Senate district.
Democrats won five districts they were targeting on Tuesday — ousting Republican incumbents, winning newly created open seats and keeping a Democratic incumbent in office. The results bring the Senate makeup to 18 Republicans and 15 Democrats. The previous makeup was 22 Republicans and 10 Democrats.
Minority Leader Dianne Hesselbein (D-Middleton) celebrated in a statement Wednesday morning.
“Senate Democrats defeated Republicans’ manufactured supermajority, and we are on a pathway to the majority in 2026,” Hesselbein said “Our candidates knocked on thousands of doors, listened to voters, and clearly articulated their vision for Wisconsin. Senate Democrats will tirelessly defend our shared values and uplift working families.”
Democrat Jodi Habush Sinykin of Whitefish Bay declared victory over Sen. Duey Stroebel of Saukville, ousting the lawmaker who has served in the Senate since 2016. The race was one of the most expensive state legislative races in the state with spending surpassing $10.2 million, according to a review by WisPolitics.
The district sits north of Milwaukee and includes Whitefish Bay, Fox Point, Bayside, River Hills, Menomonee Falls, Germantown, Mequon, Cedarburg, Grafton and Port Washington.
This will be Habush Sinykin’s first time holding public office. She ran for office once before in a special election for an open seat in 2023, but lost to Sen. Dan Knodl.
Hesselbein welcomed Habush Sinykin in a release, saying that she and her team ran an “incredible” campaign.
“As the underdog, she did not shy away from the hard work necessary to win this race,” Hesselbain said. “Jodi’s deep ties to the community, thoughtful decision-making, and experience as an attorney will allow her to effectively legislate for the needs of this community.”
At an election night party in Theinsville, Habush Sinykin started the night greeting, thanking and talking to her supporters, though results of the race hadn’t been called by 2 a.m. when the party ended. Signs declaring “Fire Duey Stroebel” were placed throughout the party.
Habush Sinykin started the night greeting, thanking and talking to her supporters, though results of the race hadn’t been called by 2 a.m. when the party ended. (Baylor Spears | Wisconsin Examiner)
Democrat Sarah Keyeski, a mental health provider from Lodi, declared victory over incumbent Sen. Joan Ballweg just after midnight in the race for the 14th Senate District. Keyeski is a political newcomer, and this will be her first term in office.
The district sits north of Madison and covers parts of Dane, Columbia, Sauk and Richland counties, including the cities of Deforest, Reedsburg, Baraboo, Lodi, Columbus, Portage, Richland Center and Wisconsin Dells. The district changed under new legislative maps, and Ballweg, who has served in the Senate since 2021, was drawn into another district but decided to move to remain in the 14th district.
Hesselbein said she is “confident that Sarah will be a strong voice for folks living in the 14th Senate District.”
Democrat Jamie Wall, a business consultant from Green Bay, declared victory over Republican Jim Rafter in the race for the open 30th Senate District. The newly created district sits in Brown County, representing Green Bay, Ashwaubenon, De Pere, Allouez, Bellevue.
Democrat Kristin Alfheim, a member of the Appleton Common Council, defeated Republican Anthony Phillips, a cancer physician, in the race for the 18th Senate District in the Fox Valley, including Appleton, Menasha, Neenah and Oshkosh.
Democratic Sen. Brad Pfaff of Onalaska, won reelection over Republican challenger Stacey Klein, clinching his second term in office. Pfaff was first elected to the Senate in 2020, and previously served as the secretary-designee of the Wisconsin Department of Agriculture, Trade and Consumer Protection, after being appointed by Gov. Tony Evers, though Republicans later denied his nomination.
Highly contested Assembly races
All of the Assembly’s 99 seats were up for election this year, and after the new maps were implemented, Democrats saw an opportunity to make gains, and potentially flip the body. The new majority is likely 54 Republicans to 45 Democrats.
While Republicans held onto enough seats to retain their majority this year, Democrats cut the previous 64-seat Republican majority by 10 seats and had all their incumbents reelected.
“Fair maps have allowed voters to hold legislators accountable, and this will change how policy is written and what bills move through the legislature,” said Assembly Minority Leader Greta Neubauer (D-Racine) in a statement Wednesday. “I hope and expect that this shift will result in more collaboration and bipartisan work in the legislature, because that is what the people of Wisconsin have asked us to do.”
The Assembly Democrats will add 23 new members to their caucus.
Assembly Speaker Robin Vos (R-Rochester), told reporters Wednesday afternoon that the party was proud of those who won. He said the Republican Assembly caucus will have eight new members in the Legislature.
“We are at 54 strong,” Vos said. “Many people, especially the minority leader, spent the last three months telling everybody, they were going to be in the majority. They were clearly wrong, and again now we get the chance to set the agenda for the rest of the state with our colleagues in the state Senate.”
Vos and Assembly Majority Leader Tyler August (R-Walworth) said the results were a sign of Republican strength, and that Democrats were only able to pick up seats because the maps, which were proposed by Evers and passed by the Republican-majority Legislature, were drawn to favor them.
“The only way that Democrats picked up seats was by having a map that was clearly gerrymandered to give them a result,” Vos said.
“We were able to fight against that because we have better candidates, a better message and we are right on the issues when it comes down to it,” August said.
Vos, the longest speaker in state history, said he will run to lead Assembly Republicans again. He said the caucus’ priorities for the session will need to be discussed in the coming weeks, but one will likely focus on the state’s budget surplus.
“We are not going to spend that. It’s going to either go back to the taxpayers as relief, or it’s going to stay in the budget as a surplus because I am not going to support a plan that says if Evers vetoes tax cuts, we’re going to spend it on growing the size of government,” Vos said.
Many Republican incumbents defeated their Democratic challengers. Republican Rep. Jessie Rodriguez of Oak Creek defeated Democratic challenger David Marstellar in the race for the 21st Assembly District, which sits in Milwaukee County.
Republican Rep. Todd Novak of Dodgeville defeated Democratic challenger Elizabeth Grabe in the race for the 51st Assembly District, which represents part of Lafayette, Iowa and Grant counties.
Republican Rep. Shannon Zimmerman of River Falls defeated Democrat Alison Page in the 30th Assembly District, which represents the cities of Hudson and River Falls as well as the towns of Troy and St. Joseph. Zimmerman has served in the Assembly since 2016.
Republican Rep. Bob Donovan defeated Democrat LuAnn Bird in their rematch to represent Assembly District 61, which covers Greendale and Hales Corner in Milwaukee County.
Republican Rep. Patrick Snyder defeated Democratic challenger 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. The district represents Wausau and other parts of Marathon County. Snyder has served in the Assembly since 2016.
Republican Rep. Clint Moses, who has served in the Assembly since 2020, defeated Democratic challenger Joe Plouff, in the race for Assembly District 92, which covers Menomonie and Chippewa Falls.
Democratic candidate Joe Sheehan, former superintendent of the Sheboygan Area School District and executive director of the Sheboygan County Economic Development Corporation, defeated Republican Rep. Amy Binsfield, a first-term representative from Sheboygan, in the race for Assembly District 26.
Democrat Tara Johnson, a former La Crosse County Board member, defeated Rep. Loren Oldenburg (R-Viroqua), who was first elected to the Assembly in 2018, in the race for the 96th Assembly District.
Democrat Ryan Spaude, a criminal prosecutor, defeated Republican Patrick Buckley, who serves as the Brown County Board chairman, in the race for the 89th Assembly District, which covers parts of Brown County including Ashwaubenon and Green Bay.
Democratic Rep. Jodi Emerson of Eau Claire defeated Republican challenger Michele Magadance Skinner in the race for the 91st Assembly District.
Democrat Christian Phelps defeated Republican James Rolbiecki in the race for the 93rd Assembly District, which represents part of Eau Claire. The seat represents a gain for Democrats in the area.
Democratic Rep. Deb Andraca, who flipped a district when she was first elected in 2020, said Tuesday night at the Election party in Thiensville that Democrats adding seats in the Assembly was a “different day” and Democrats in the Assembly would no longer be trying to just save the governor’s veto. She declared victory in her reelection bid on Tuesday night.
“The gerrymander is dead,” Andraca said. “We’re no longer saving the veto. We are going to go back in the Wisconsin State Assembly with more seats than we have had in over a decade. We are going to be looking at the ability to negotiate, bring our bills forward and it’s going to be a completely different day.”
“We are going to be able to make much more of a difference in the Wisconsin State Assembly, and that’s because of all of the hard work that people in this room have done election after election and year after year.”
The Democratic Legislative Campaign Committee, the national organization that works to elect Democrats to state legislatures, celebrated the Wisconsin results in a statement.
“Thanks to fair maps and a smart strategy, the GOP’s stranglehold on Wisconsin’s Legislature is coming to an end,” DLCC President Heather Williams said. “Our 2024 wins mark just the beginning. Seat by seat, the DLCC is committed to continuing to build and defend Democratic power in the Wisconsin Legislature. Republicans have been put on notice: the DLCC is poised to make Wisconsin a future Democratic trifecta.”
For the first time in over a decade, control of the state Assembly is up for grabs after new legislative maps were approved in February, ending gerrymandering in Wisconsin — at least for now. Democrats now have a shot at a slim majority in one of the Legislature’s two houses, and the outcome of eight tight races could determine whether they flip the 99-member chamber.
There are 14 Assembly races to watch in districts with a partisan makeup that skew less than 10 percentage points in favor of either Democrats or Republicans, and eight of them are true toss-ups. The partisan splits of Assembly Districts 26, 30, 61, 85, 88, 89, 92 and 94 each hover within 3%, according to a Wisconsin Watch analysis of past voting patterns. Four of them are a tick more Republican, and the other four lean barely Democratic.
If election results align with the partisan lean — however slight — of each district, that would put Republicans at a one-member majority of 50-49 in the Assembly. If Democrats keep the four seats and flip one of the four Republican-leaning toss-ups, they will emerge with a 50-49 majority.
To calculate the partisan makeup of each district, Wisconsin Watch used a composite of election results in each district from the 2018 gubernatorial race, 2020 presidential race and 2022 gubernatorial race.
The additional six Assembly races in districts with a partisan makeup that skew less than 10 percentage points in favor of either party are worth watching but likely won’t be as close as the eight toss-ups. Those are districts 14, 21, 41, 49, 53 and 91. Four lean Democratic, while two lean Republican. Assuming the results of these races align with partisan makeup of each district, the fight for a narrow Assembly majority will come down to the aforementioned eight races.
Even a narrow Republican majority would be a remarkable turnaround from 2022. Republicans currently hold a 64-34 majority in the Legislature, with one Democratic vacancy.
The Republican majority in the state Senate is not likely to flip this year — only half of the seats are up for election this cycle — but Democrats are looking to make gains that could help them win a majority in 2026, when the map is more friendly to them.
In 2011, GOP lawmakers under former Gov. Scott Walker shaped Wisconsin’s legislative boundaries to secure a strong Republican majority in this 50-50 swing state, creating one of the most extreme and effective gerrymanders in the nation. A federal redistricting case challenging the Republican gerrymander of the Assembly went all the way to the U.S. Supreme Court in 2018, where it was thrown out on a technicality.
In 2012, former President Barack Obama won Wisconsin by more than 200,000 votes. Despite receiving less than 50% of the total votes that year, Republicans won 60 of the 99 seats in the Assembly and held on to their Senate majority.
With the help of skewed maps, the GOP’s lock on the state Legislature persisted for over a decade. That changed last year. The election of liberal Justice Janet Protasiewicz led to a liberal majority on the Wisconsin Supreme Court. The new court tossed out the still-GOP gerrymandered maps approved by the previous conservative-majority Supreme Court after the 2020 Census.
Earlier this year, Republican lawmakers agreed to pass Democratic Gov. Tony Evers’ proposed legislative maps to prevent the state’s liberal high court from drawing the new districts. It was the first time a politically divided Wisconsin Legislature and governor agreed on legislative maps.
Read about the eight toss-up districts that could decide the fate of the state Assembly here:
Assembly District 26
This toss-up district encompasses the city of Sheboygan and runs south along the lakefront toward Oostburg. It leans slightly Democratic.
Freshman Rep. Amy Binsfeld, R-Sheboygan, will face Democratic newcomer Joe Sheehan, a former Sheboygan Area School District superintendent and executive director of the Sheboygan County Economic Development Corp. This new toss-up reunites the Democratic-leaning city of Sheboygan, which was split in half under the state’s previous, gerrymandered districts. Binsfeld served as chair of the Speaker’s Task Force on Truancy. She was also the lead author on a constitutional amendment that would require a two-thirds supermajority of the Legislature to approve sales, corporate and income tax increases.
This western Wisconsin toss-up district encompasses River Falls, extending north to Hudson. It leans slightly Republican.
Rep. Shannon Zimmerman, R-River Falls, seeks a fifth term in the Assembly. He served on the Speaker’s Task Force on Artificial Intelligence and also serves on the Legislature’s powerful Joint Finance Committee. He faces a challenge from Democrat Alison Page, a former nurse who eventually became CEO of Western Wisconsin Health. She’s running to protect abortion access in Wisconsin and improve health care in rural parts of the state.
This toss-up district covers the southwestern Milwaukee villages of Greendale and Hales Corners and parts of Greenfield. It leans slightly Democratic.
This district features a rematch from 2022. Freshman Rep. Bob Donovan, R-Greenfield, will once again face off against Democrat LuAnn Bird, whom he defeated by just a few hundred voters. Donovan served on the Milwaukee Common Council for 20 years. In the Legislature, he serves as vice chair of the Assembly Committee on Local Government. He’s running for re-election because the district “needs a tested fighter for public safety and the interests of the common man, woman, and child, to bridge the gap between Madison and local governments,” according to his campaign website. Bird, who is a former executive director and lobbyist for the League of Women Voters of Wisconsin, is running because “extreme MAGA politicians are taking away women’s rights to reproductive health care” and “blocking common-sense gun safety laws that would save lives and make our communities safer,” according to her campaign website.
This toss-up district covers Wausau, extending to also include Weston to the east. It leans slightly Republican.
Incumbent Rep. Patrick Snyder, R-Schofield, faces a challenge from Democrat Yee Leng Xiong, who served on the DC Everest School Board and the Marathon County Board of Supervisors where he advocated for mental health services in schools, expanding a 911 dispatch line and enhancing public safety providers. He wants to fund domestic violence and sexual assault service providers and focus on the economy, environment and health care. Snyder, who has served in the Assembly since 2017, has spent time on the Schofield City Council. He has worked to improve broadband expansion, cut taxes, advocate for veterans and police, and alleviate the workforce crisis.
This toss-up district covers the southeastern part of Green Bay, including Allouez and Bellevue, and stretches down toward De Pere. It leans slightly Republican.
First-time candidates Republican Ben Franklin and Democrat Christy Welch, both of De Pere, will face off in the Nov. 5 election. Franklin is an Air Force veteran and small business owner. Welch, who serves as chair of the Democratic Party of Brown County, is centering her campaign around Medicaid and child care expansion, increased public education funding and reproductive rights.
Assembly District 89
This southwestern Green Bay district includes Ashwaubenon and borders the Fox River to the east. It is a toss-up district that leans slightly Democratic.
Two candidates with law enforcement experience will vie for the toss-up seat in the Nov. 5 election. Patrick Buckley of Green Bay, a Republican and chair of the Brown County Board, is a former Green Bay police officer and business owner. Ryan Spaude of Green Bay, a Democrat, serves as a prosecutor in the Brown County District Attorney’s Office.
Assembly District 92
This western Wisconsin toss-up district encompasses Menomonie and Chippewa Falls and lies to the north of Eau Claire. It leans slightly Republican.
Incumbent Rep. Clint Moses, R-Menomonie, faces former Rep. Joseph Plouff, D-Menomonie. First elected in 2020, Moses chairs the Assembly Committee on Health, Aging and Long-Term Care. He also serves on the Assembly Agriculture Committee. Plouff served in the Assembly between 1997 and 2005. He’s running again to curb gun violence, protect the environment and “make Wisconsin work for the people.”
This western Wisconsin toss-up district covers parts of La Crosse and Trempealeau counties. It includes the cities of Galesville and Onalaska and the villages of Ettrick, Holmen and West Salem, along with part of the north side of La Crosse. It leans slightly Democratic.
Incumbent Rep. Steve Doyle, D-Onalaska, faces a rematch against Republican Ryan Huebsch, of Onalaska, in the Nov. 5 election. Huebsch lost to Doyle by only 756 votes in 2022. Doyle has represented the 94th District since 2011. He has served on several bipartisan legislative task forces, including one on suicide prevention. Huebsch is endorsed by the La Crosse County sheriff, Wisconsin Right to Life, the NRA and multiple state senators and representatives. His father, Mike Huebsch, previously represented the 94th District for 16 years, served as Assembly speaker and served in Gov. Scott Walker’s Cabinet.
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