The Wisconsin Legislature is considering a bill to legalize online sports gambling. (Getty Images)

A bipartisan bill to legalize online sports betting in Wisconsin is speeding through the state Legislature.

After being introduced in late October, the Assembly and Senate versions of the legislation received public hearings this week, and on Thursday the Senate Committee on Agriculture and Revenue voted 5-3 in favor of advancing the bill to the Senate floor. 

Under the Wisconsin Constitution, any gambling must be managed by the state’s federally recognized Native American tribes. Sports betting was first allowed in the state in 2021, but all of those bets had to be made in person at tribal casinos. The proposed new legislation would allow online sports betting using a “hub and spoke” model in which the servers running the betting websites and apps are housed on tribal land. 

The structure is similar to the state of Florida’s agreement with the Seminole tribe, which owns and operates the Hard Rock Casino brand. 

Proponents of the bill, including a bipartisan mix of legislators, representatives of the tribes and the state’s professional sports teams, say that hundreds of millions of dollars in unregulated online sports bets are already being made in Wisconsin, so legalizing the practice will kill the black market while providing tax revenue and consumer protections. 

But critics say the Legislature is rushing through a bill that could face legal hurdles and ignoring the ways in which online sports betting can be especially harmful for people with gambling addictions. 

Wisconsin’s legalization move comes seven years after the U.S. Supreme Court legalized sports betting in 2018. So far, 39 states have legalized sports betting and 32 of them have allowed online or mobile sports bets. 

Wisconsin would be the first state to legalize online sports gambling since North Carolina and Vermont did so in June 2023. Only now, Wisconsin’s legislators are doing so amid a national reassessment of the country’s relationship with sports gambling. Ads for apps such as FanDuel and DraftKings are ubiquitous. Both the National Basketball Association  and Major League Baseball are dealing with the fallout of player gambling scandals. Questions have arisen about the healthiness of frictionless sports gambling for the predominately young, male users of these apps. 

“American culture, and American sporting culture is trying to adjust to this new widely legalized moment,” Dr. Jason Lopez, a professor at UW-Madison who studies sports media and gambling, told the Wisconsin Examiner. 

If the bill is passed and signed into law, sports betting wouldn’t be immediately legalized. The state and tribes would need to renegotiate their existing gaming compacts and then those new agreements would need approval from the U.S. Bureau of Indian Affairs. 

But, Rep. Tyler August (R-Walworth), said at Tuesday’s Senate hearing, the state should get moving before the illegal betting market grows too large. 

“I don’t gamble, but I think  it’s the right thing to do, based on some of the data that we’ve seen,” said August, whose district is right on the Illinois border, which residents can easily cross to place online bets. “This is an activity that’s not declining, it’s increasing. And I think that it’s appropriate for us to deal with this now before it gets even bigger.”

Jim Crawford, attorney general of the Potawatomi tribe, said an estimated $1 billion in illegal online sports bets were made by Wisconsinites last year. At the hearing, tribal representatives highlighted the services tribal governments could improve with the increased sports betting revenue. 

“While online gaming is currently the wild west in Wisconsin with no regulations or protections for consumers,” Crawford said. “It does not have to be. This bill is a first step in ensuring that consumers will be able to have a legal, regulated and protected way of participating in this extremely popular technology.”

Sen. Howard Marklein (R-Spring Green), one of the bill’s co-authors, said he doesn’t believe the bill will put gambling addicts at further risk. But Sens. Andre Jacque (R-New Franken), Rachael Cabral-Guevara (R-Appleton) and Sarah Keyeski (D-Lodi) voted against moving the bill out of committee. Jacque said at the hearing he was worried about the recent gambling scandals in professional sports and the risk of gambling addiction. 

“This would allow them to place bets by their device anywhere in the state, as opposed to going on site at a casino, at a reservation,” Jacque said. “I would say, from an opportunity standpoint, that potentially could feed more into addictive behavior.” 

Noah Henderson, the director of the sport management program at Loyola University Chicago, said the frictionless nature of online sports betting is one of its challenges. 

“Brick and mortar sports books provide a cooling-off period, when people are trying to chase losses, if they have to get in their car again and go to the sports book, they might realize halfway there that they’re acting impulsively,” Henderson said. “It’s easier for families to see the signs of gambling disorder or problem gambling when individuals have to leave the home, right? It’s a lot easier to hide problem gambling or a gambling disorder when it’s only on a mobile device, where there’s no absences, they’re not leaving the house more than they normally do.” 

Henderson said there’s not much Wisconsin’s Legislature can do about the societal acceptance of legalized sports betting and a culture that has fully absorbed the promotion of gambling. 

“It is incredibly common to see on the pre-game show, the halftime show, the best bets, the best live bets, the best parlay combinations. So I think that there’s only so much Wisconsin can do to stop that, to stop sports gambling from being the culture of young men — predominantly young men — watching sports,” he told the Examiner. 

So, according to Henderson, the state is faced with a choice between legalizing and facing the broader cultural changes head-on while getting the tax revenue or hoping that prohibition disincentivizes sports betting. 

“I think that there might be a bit of harm reduction in this public policy where, if we keep mobile sports wagering outlawed in this state, it’s not going to curtail the sweeping normalization of sports gambling that we’ve seen,” Henderson said. “That’s at a national level. So Wisconsin has two options, which is to not allow it, and hope that the lack of resources for legal sports gambling incentivizes young men and women not to partake in this. But at the end of the day, there’s still a market and a need … they would rather regulate and tax it for consumer protection and to grow a tax base off of it and not have sports gambling happening without being able to derive some tax benefit from it that can go towards gambling education, public schools, or whatever else Wisconsin’s government deems important.” 

One organization that is against the bill is the Sports Betting Alliance, which represents the major online sportsbooks. 

The bill uses the federal Indian Gaming Regulation Act as a mechanism to allow online bets in Wisconsin. That law allows tribes to license their gaming operations out to third parties so long as the tribe gets 60% of the net revenue. 

Damon Stewart, an attorney for the alliance, said at the hearing that the revenue sharing requirement would make it too expensive for the most popular apps to partner with the tribes and provide their already existing apps and infrastructure. He also said he believes the law as currently written runs afoul of federal law. 

“We support the goal of legal online sports betting in Wisconsin. We want to work with the tribes. We want to partner with them,” Stewart said. “But this bill will only result in limited choices for customers. There’s no national brands, no chance for all the tribes to actually participate in the market, no ability to make an effective dent in the illegal market that already exists and years of litigation that will hold up the implementation of the law.” 

Stewart argued in his testimony that without the name recognition of the most popular apps, the legalization effort may not effectively kill the black market. Henderson said it’s possible for the tribes to develop their own infrastructure, but it’s easier to let the bigger companies manage the administration if the revenue sharing deal can be worked out. 

“This is probably a losing endeavor for those big sports books to enter a mid-sized sports gambling market with already pretty challenging margins,” Henderson said. “Especially when sports books enter a new market for sports gambling, there’s a lot of upfront costs that come with advertising that usually these businesses and markets take several years to even become profitable with more favorable regulations in place.” 

“Legislation can be amended. It doesn’t seem like this is the only formulation of it, but I think revenue sharing can definitely happen,” he continued. “I just don’t know if the 60-40 model makes sense for retailers to want to come in. Otherwise it would just be much like Florida, where tribal governments would have to build the infrastructure on their own or purchase white light label sports gambling software and pass it off as their own.”

In his testimony, Stewart called for the Legislature to slow down the process and get it right the first time. 

“I want to be respectful. It’s just my perception that with a bill dropped last week, two hearings this week, it does seem to be, compared to a lot of legislation, a bit of a rush,” Stewart said. “And on the topic of this complexity, a topic of this importance that affects a lot of citizens of the state, I would hope it would be seen as reasonable as asking to let us have the chance to work with the tribes.” 

The tribal representatives testifying said they were prepared to move forward without the big name apps. 

“We certainly appreciate the Sports Betting Alliance’s support of the goal of this legislation,” Crawford said. “But it’s also something that is a little bit concerning to us, that they are sort of implying that we don’t have the capability of operating statewide mobile sports, which, if you’ve ever been to our facility and to our retail sports betting, you know that we do a pretty good job, and the customers are happy. And so we look forward to doing that on a statewide basis, on a regulated basis, where the consumers are protected and they are generating revenues for the state of Wisconsin that stay in the state of Wisconsin.”

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Democrats and pro-democracy organizations held a rally Thursday to call for the creation of an independent redistricting commission. (Henry Redman | Wisconsin Examiner)

A group of pro-democracy organizations held a rally, attended by Democratic legislators, Thursday afternoon outside the state Capitol to push for the creation of an independent commission tasked with drawing the state’s legislative maps. 

The renewed push for permanently taking the construction of Wisconsin’s political maps out of the hands of politicians comes amid a national debate about gerrymandering and as the state’s Democrats are outlining what state government will look like if they hold power in all three branches after next year’s midterm elections. 

Across the country, Democrats — who have for years been the party calling for a nonpartisan process for drawing political maps — are weighing the merits of “unilaterally disarming” by putting the drawing of maps in the hands of independent bodies in blue states while Republicans are redrawing maps in red states such as Texas in an explicit effort to hold on to their slim congressional majority. 

Next month, voters in California will weigh in on a referendum asking if the Democrats in control of the state’s government can temporarily bypass the independent map-drawing commission and redraw maps to benefit Democrats as a counter to the Republican effort in Texas. 

State Rep. Francesca Hong (D-Madison), a candidate in the Democratic primary for governor, told the Wisconsin Examiner after the Thursday rally that Wisconsin Democrats should push for a permanent resolution to the state’s map debate because a more effective counter to increasing authoritarianism than tit-for-tat congressional gerrymanders is creating systems that allow government to be more responsive to voters’ wishes. 

“Here in Wisconsin, what the people want are permanent fair maps, and that means keeping the decision of redistricting out of politicians’ hands and within a group of nonpartisan folks,” she said. “If we’re going to have representative democracy, that’s what we need. But we also have to remember to be proactive, and that’s why the permanent fair maps matter. And if we’re going to be responsive to an eroding democracy, that’s also how we should be empowering the people …” 

After Thursday’s rally, the advocates — including members of the Wisconsin Democracy Campaign, League of Women Voters of Wisconsin and Fair Maps Wisconsin Coalition — were going into the Capitol to deliver the draft of their plan to legislators. 

Under the plan, the state Department of Administration would be responsible for managing the selection of 18 independent redistricting commission members (15 acting members and three reserve members). 

The membership would be divided evenly between representatives of the two major political parties and unaffiliated. Members would not be allowed to hold other public offices and could not be a family member of a public office holder. Lobbyists and anyone who has donated more than $2,000 to a candidate for office in a year over the previous five years wouldn’t be allowed to sit on the commission. 

After the DOA selects a pool of 240 applicants, the majority and minority leaders of both legislative chambers would be allowed to strike down a certain number of candidates. 

The IRC would be required to hold public hearings while it deliberates on the maps. Approval of final maps would have to come through a two-thirds majority vote that includes votes from members representing the interests of both major parties and the independents. 

The plan includes a provision for members to rank proposed maps if such a “multi-partisan agreement” can’t be reached. 

Any proposed maps from the commission would need to still be approved by the Legislature and governor within 30 days. If maps aren’t approved, the Legislature or governor must provide a written explanation to the commission and the commission would have 15 days to respond or provide new maps. 

The Legislature and governor would have three attempts to approve maps before Aug. 15 of a redistricting year. If maps can’t be codified by then, anyone in the state would have the authority to file a lawsuit with the Wisconsin Supreme Court to adopt a commission-proposed map. 

Democrats said at the rally that they want to make sure the commission is crafted in a way that prevents meddling after the fact from politicians. Redistricting commissions in states such as Iowa and Ohio have been undermined once their proposals were subjected to the political process. 

Sen. Jeff Smith (D-Brunswick) said Republican legislators like the Iowa-style commission because if they vote down the commission’s proposals three times, the map-drawing authority returns to the Legislature. 

“They figured out the flaw in that model,” he said. “That is why we need a Wisconsin model, a Wisconsin model that works for all of us.”

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• The Legislature and Gov. Tony Evers have been fighting for control of the administrative rulemaking process since before Evers took office. The rules affect many facets of Wisconsin life, such as water quality.

• The liberal-majority Wisconsin Supreme Court has ruled legislative committees can’t indefinitely block rules from taking effect.

• Republicans have instructed the Legislative Reference Bureau not to publish rules that aren’t approved by legislative committees. Evers has filed another lawsuit to address the situation.

Are you worried about toxic algae blooms closing beaches and ruining local lakes? Here’s a story worth following:

Nearly two years ago, the Wisconsin Department of Natural Resources submitted a rule change to the Legislature that would update policies on preserving the quality of Wisconsin water bodies. The purpose was to bring the state in line with updates the federal government made to the Clean Water Act in 2015. 

At that point in 2023, the DNR had already received feedback from industry and environmental groups, and Democratic Gov. Tony Evers signed off on the proposed change. But nearly two years later, the update is still making its way through Wisconsin’s administrative rulemaking process. 

The DNR water quality update is among executive agency rule changes swept up in a yearslong political debate over who gets the final say on those policy changes in Wisconsin’s state government.

Evers argues the Republican-led state Legislature has obstructed his administration in delaying rules during legislative committee review periods. Republican legislative leaders counter that their oversight of policies from the executive branch during the rulemaking process is necessary to ensure checks and balances remain in place. 

The debate has made its way up to the Wisconsin Supreme Court, where there has been a liberal majority since 2023. In July, the court ruled the Legislature’s Joint Committee for Review of Administrative Rules lacks the authority to delay publication of rules from executive branch agencies.

In August, the Republican-led Joint Committee on Legislative Organization voted along party lines to direct the Legislative Reference Bureau not to publish administrative rules still going through standing committee reviews. Evers and several executive agencies responded with a Sept. 9 lawsuit filed in Dane County Circuit Court that seeks to force the Legislature to comply with the Supreme Court’s ruling from earlier this summer.

There continues to be finger-pointing from different groups about why the DNR’s rule has taken so long to get through the process. Rep. Adam Neylon, R-Pewaukee, a co-chair of the Joint Committee on Administrative Rules, said in a statement to Wisconsin Watch that the DNR “has not taken the steps to get it through the process.” DNR declined to comment on the rule, citing ongoing litigation.

In the most recent lawsuit the Evers administration specifically highlighted the DNR’s antidegradation rule, which would require permit holders to justify new or increased pollution discharges into state water bodies.

“Currently, Wisconsin does not apply antidegradation review to all discharges of pollutants, to discharges of stormwater, or to discharges from new concentrated animal feeding operations,” Evers’ lawsuit states. “The long promulgation delay has therefore meant that some discharges that this proposed rule would cover have not been and are not being evaluated, risking the degradation of surface water quality.”

The rule is scheduled for a public hearing before the Assembly’s Committee on Environment on Thursday at the Capitol, the second time the change will be heard before that committee this year. 

Environmental advocates say the delay means Wisconsin’s water antidegradation policy remains below minimum federal standards, jeopardizing Wisconsin lakes and rivers.

For example, a pollutant like phosphorus, which is found in farm fertilizers, can cause toxic blue-green algae when discharged into water bodies, said Tony Wilkin Gibart, the executive director of Midwest Environmental Advocates. That’s “an important consequence” for Wisconsinites who live near a lake or river, he said. 

Erik Kanter, the government relations director for Clean Wisconsin, called the delay a “good example” of a “broken process” in state government. 

“It was an easy thing, just trying to comply with federal law,” Kanter said. “And it became this political football lost in this complicated process.” 

How we got here 

The administrative rules debate has pitted business and private property interests against administrative attempts to boost public health and environmental protections. The rules are written by executive branch agencies to fill in the details of laws passed by the Legislature and governor.

But Republicans have long decried the rules as bureaucratic red tape, rallying voters during their 2010 takeover of state government with promises to make Wisconsin “open for business.” Assembly Republicans, led by Speaker Robin Vos, R-Rochester, launched a “Right the Rules” project to streamline administrative rules during the 2010s, but it hit a crescendo when Evers defeated former Republican Gov. Scott Walker in the 2018 governor’s race.

In the weeks before he left office, Walker signed legislation that sought to strip power from the incoming governor and attorney general. Those laws gave the Legislature authority to block or delay administrative rules that come from executive agencies, such as the DNR. 

After liberals gained a majority on the Wisconsin Supreme Court in 2023, recent opinions have dialed back some of the Legislature’s power over the executive branch. In 2024, the court ruled that a legislative committee could not block DNR spending for the Knowles-Nelson Stewardship Program. Then in July, the court sided with Evers when it ruled a legislative committee could not block executive agency rules from going into effect following approval from the governor. 

The July opinion specifically highlighted delayed administrative rule proposals on banning conversion therapy and updating Wisconsin’s commercial building code. Prior to the court’s July decision, the Legislative Reference Bureau could not publish administrative rules until legislative committees reviewed and acted on the changes. 

In a Sept. 12 video posted on social media, Senate President Mary Felzkowski, R-Tomahawk, argued lawmakers’ review of executive agency rules is necessary before some of the Evers administration’s proposals essentially become law. She slammed a recent proposal from the Wisconsin Department of Agriculture, Trade and Consumer Protection to raise fees on animal markets, dealers and truckers. One animal market registration fee, according to the proposed rule, would increase from $420 to $7,430. 

“Evers and his unelected bureaucrats are going to implement their ideology through administrative rules, knowing that the leftists on the Supreme Court shockingly gave them a green light,” Felzkowski said in the video.

Wisconsin’s fight over administrative rules sounds wonky, but it affects important issues like water quality and public health is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Back in her clowning years, Karen DeSanto got a call from the king of Morocco.

“We hung up on him,” she said. “We thought it was one of our friends pranking us.”

It was actually employees of the consulate, but the king wanted them. DeSanto and her then-husband were both professional clowns with the Ringling Brothers, and they also performed as a duo.

Somehow, King Hassan II had heard about the DeSantos, and he flew them in on his private jet to perform for his granddaughter’s birthday at his palace in the capital city of Rabat.

His royal majesty, sitting on his throne in the middle of a room, loved their performance. The little girl? Not so much.

“She hated it,” DeSanto said with a chuckle. “That was our first and only birthday party.”

Clowning has taken DeSanto all around the country and the world, from the most opulent spaces of Carnegie Hall to much humbler places — she has used a pig barn to change into costume before performing in a rural field — and now, to the Wisconsin State Capitol.

A longtime Baraboo native, she was elected to the state Assembly in 2024 after heading the Boys & Girls Club of West Central Wisconsin for more than a decade.

But it’s been a long journey on the circus train — both literally and figuratively — to get here.

Running away with the circus

Born in Sacramento, DeSanto, now 61, said she dreamed of seeing the world. Her father took her to see the circus every summer, and young Karen would go every day it was in town, so much that the clowns recognized her and even roped her into the act, pulling her out of the crowd to perform gags with them.

Her father was a big part of her life, she said, and she was his caregiver when he got sick in his early 60s. While sitting in the waiting room during one of his appointments, DeSanto came across an ad for clown college in a magazine. She tore it out and shoved it into a pocket. After her father died a few months later, when she was 27, she found herself “itching to do something different” with her life, so she auditioned.

“I’m a big believer in saying yes,” she said. “The world just opened up to me after that.”

After graduation, DeSanto got one of the few contracts offered to a female clown by the Ringling Brothers.

She lived and traveled on the circus train, where her quarters were next to the elephant car. The friendly beasts would reach their trunks to her window to grab bananas from her hand. One of the elephants she rode during performances was also named Karen, and she reunited with her friendly steed years later at the zoo where it had retired. DeSanto swears the much larger Karen remembered her.

She married another clown after meeting her husband under the Big Top. They toured the big-city circuit, visiting places like New York and Los Angeles, as well as the rodeo route, which took them to smaller cities, including Waco, Texas, and Erie, Pennsylvania.

One of her first brushes with politics came in 1995, when DeSanto and her comrades performed for then-Speaker of the House Newt Gingrich, future presidential candidate and then-Senate Majority Leader Bob Dole and other politicians in the parking lot of the U.S. Capitol. Gingrich had asked the Ringling Brothers, already in town for a few nights, to perform outside the halls of Congress to celebrate the company’s 125th anniversary. The entertainers executed the famous elephant long mount, where the massive animals line up, place their hooves on the pachyderm in front and pose.

“I have great stories of kings and queens and all in betweens,” DeSanto said. “You name it, we’ve done it.”

The Boys and Girls Club

Eventually, the DeSantos bought a home near the Ringling Brothers headquarters in Baraboo, where they worked as the resident clowns for the Circus World Museum, and raised their daughter Emily, now 27.

In 2012, DeSanto left the circus to work for the Boys & Girls Clubs of West-Central Wisconsin, most of it as CEO.

In her time there, she led the revamp of the financially failing organization, which included clubs in Baraboo and Tomah, putting it on firmer ground, she said. DeSanto also oversaw the expansion of new clubs in Reedsburg and Portage.

She and her staff made the organization self-sustaining by tapping into moms and dads, local businesses and philanthropic organizations like the United Way, she said. They connected with their elected officials, like state Rep. Dave Considine, a Democrat from Baraboo, and pursued state and federal grants to help fund their after-school programs for rural kids.

“I’m just going to toot the horn that our clubs were the rural footprint for the nation,” she said. “But don’t get me wrong, it was always a struggle.”

She retired in 2024 from the Boys and Girls Club, but another interesting challenge arose for the versatile performer. And DeSanto found herself saying “yes” once again.

The Wisconsin Assembly

After Considine announced he would not seek reelection in 2024, he went about recruiting several Democratic candidates so his constituents could have options, he said.

DeSanto, with whom Considine had worked to secure some grant funding, was one of his picks.

“She’s really good in front of people. She knows people really well,” he said of DeSanto. “I think she also is a really strong fighter for individual rights. It was all about fighting for people to have the right to be successful and happy.”

Having worked at her existing clubs and helped to launch the new ones, DeSanto said she got to know the district and the people who live and work there.

She saw how important institutions like schools and the health care system were to the well-being of rural communities and knew she could be an advocate.

“I felt I had the chops, I felt I had the experience, I felt I knew my communities quite well,” she said. “That’s why I threw my hat in the ring.”

And in an era where money is so rampant in politics, her fundraising background couldn’t hurt either.

A three-candidate race emerged in the primary, and some voices, mostly online, tried to “weaponize” her background against her, DeSanto said, suggesting a clown didn’t belong in the Wisconsin Legislature.

Considine had prepared her for that.

“One of the first things I said was ‘Karen, don’t run from it.’ Embrace it and run on it,” he said. “And she did and I think she ran a really good race.”

The circus is quite popular in the district, DeSanto said, noting that the Ringling Brothers had grown up in Baraboo and made it their home base of their internationally renowned organization.

The criticisms backfired. She cruised to victory, winning more than 53% of the vote in the primary, a greater share than the other two candidates combined. DeSanto won the general election with more than 54% of the vote against a Republican challenger. The district had become more friendly to Democrats in the most recent round of redistricting.

About half a year into her 2-year term, in which her party is in the minority and thus unable to do much without GOP support, DeSanto has been a sponsor on a couple bills, including ones that would provide free, healthy school meals, lower prescription drugs and expand the homestead tax credit, but Republicans looking to cut spending stripped those from the budget.

She cast one of her first contentious “no” votes last month on the state budget negotiated by legislative Republicans in the majority, Gov. Tony Evers and state Senate Democrats, saying it did not do enough on issues important to her district, like affordable housing expansion, broadband access and public school funding.

Asked what she’s hoping to accomplish in her first term, DeSanto said, “I really am concentrating on listening, and absorbing what this Legislature is, and how the state Capitol works.”

“People say the Legislature is a circus, and I say ‘no, it’s not,’” she said with a chuckle. “The circus starts and ends on time. The people there are talented and kind and friendly.”

Another one she hears is that “government is a bunch of clowns,” an assertion with which she vehemently disagrees.

“Clowns are highly trained individuals, and they can do just about anything,” DeSanto said. “And they take their craft very seriously. And they bring joy and happiness.”

This article first appeared on The Badger Project and is republished here under a Creative Commons license.

The Badger Project is a nonpartisan, citizen-supported journalism nonprofit in Wisconsin.

From one circus to another: Professional clown serving in Wisconsin Legislature is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.