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Yesterday — 13 January 2026Main stream

Wisconsin’s state building footprint is shrinking. Candidates for governor have different ideas about what’s next

Exterior of a stone building with a sign reading "State of Wisconsin Department of Health and Family Services" and a separate sign reading "FOR SALE" near an entrance.
Reading Time: 5 minutes

A 422,000-square-foot Art Deco building overlooking Lake Monona in Madison was the home of state employees for nearly 100 years. It most recently served as the offices of the Wisconsin Department of Health Services. 

Today large “For Sale” signs bookend the historic structure, which sits vacant just a few blocks from the Capitol. A brochure for the property describes redevelopment opportunities such as a boutique hotel or mixed-use space. It also notes its proximity to a potential future commuter rail station in another state-owned building occupied by the Department of Administration.

The sale of the building, announced in December, is merely one piece of a multiyear initiative of Gov. Tony Evers’ administration known as Vision 2030. The plan seeks to make state government smaller and save taxpayers money through “rightsizing” underused office space and supporting hybrid work to grow the number of state workers across the state, according to the Department of Administration. 

Since its launch in 2021, state agencies have sold millions of dollars worth of buildings and consolidated more than 589,000 square feet of office space, nearly 10% of the state’s total building footprint, according to DOA reports. The funds from building sales are used to cover outstanding state debts and then transferred to the state’s general fund. 

“I see this really as a win-win both for state workers and for taxpayers,” DOA Secretary Kathy Blumenfeld said in an interview with Wisconsin Watch. “One of the things that we’re looking at is modernization and how can we be more efficient and be good fiscal stewards for the state.” 

Vision 2030 fits with a long-standing desire by Wisconsin’s leaders of both parties to reduce the physical footprint of state agencies and create a presence outside of Madison. Former Gov. Scott Walker also sought to move state divisions and to seek efficiencies for taxpayers by reducing private leases. Walker’s administration oversaw the construction of a new state office building that opened in Madison in 2018 and is home to eight state agencies today. 

These ideas on building a smaller, modernized state government are likely to continue when Evers leaves office next year. Former Evers Cabinet member Joel Brennan, who led DOA when it launched Vision 2030 in 2021, is one of at least eight Democrats running for governor this year.

Washington County Executive Josh Schoemann, a Republican candidate for governor running against U.S. Rep. Tom Tiffany, announced in December a “Shrink Madison” plan to require state employees to return to in-person work, sell state office buildings in Madison and eventually move key agencies to different regions across the state. His plan specifically mentions continuing Evers’ Vision 2030 efforts.

But he also goes further to move agencies out of liberal Dane County and into more conservative parts of the state — a potential source of political patronage. Schoemann proposes moving the Department of Veterans Affairs to La Crosse, the Department of Natural Resources to Wausau, the Department of Agriculture, Trade and Consumer Protection to Stevens Point, the Department of Financial Institutions to Green Bay, the Department of Tourism to Rhinelander and the departments of Children and Families and Workforce Development to the Kenosha/Racine area. 

Those moves would take years, but Schoemann in an interview said he sees it as a way to improve the relationships between state government and its citizens. 

“I think this is about people, first, affordability and accountability and changing the culture of state government, which to me, ultimately, is just entirely too focused on itself … and getting it back focused on the people,” Schoemann said. 

Why Vision 2030? 

The Evers administration’s plan grew out of the pandemic when conditions required remote work, deferred maintenance costs for state buildings kept rising, and there was a growing need for workers to fill state jobs — all colliding at the same time. 

“All these things were swirling at one time, and we launched a study in 2021 trying to get our arms around that,” Blumenfeld said. 

Hybrid work opportunities meant state agencies took up less space and could hire workers outside of Madison and Milwaukee, which Blumenfeld refers to as the “Hire Anywhere in Wisconsin” initiative. Remote work also meant the state could get rid of underused office space through consolidation or sales, she said. In Milwaukee, the state sold a former Department of Natural Resources headquarters in 2022 and purchased 2.69 acres for a new office building. But as of last year it planned to work with a private developer to create a multitenant public-private space instead. 

Expected moves in Madison this year include the sale of the former human services building along Lake Monona where offers are due in March. Other expected moves in 2026 include the spring listing of two adjacent general executive offices in downtown Madison, the brutalist GEF 2 and GEF 3 buildings, at a combined total of 391,000 square feet, Blumenfeld said. 

A large stone office building with tall windows and decorative carvings, displaying signs reading "State of Wisconsin Department of Health and Family Services" and "FOR SALE" near an entrance.
The historic Art Deco state government office building at 1 W. Wilson Street in Madison, Wis., seen Jan. 6, 2026, was the home of state employees for nearly 100 years. It most recently served as the offices of the Wisconsin Department of Health Services. (Brittany Carloni / Wisconsin Watch)

Blumenfeld said DOA has seen limited opposition to building sales and agency moves to reduce office space, but the Republican-led Legislature has pushed back on remote work following the pandemic. Lawmakers have argued that in-person work ensures more accountability for state employees. Evers in October vetoed a Republican bill that would have required state employees to “perform assigned work duties in physical office space for at least 80 percent” of their work time every month. 

“The important progress my administration has made on our Vision 2030 goals means that it would not be possible to return to largely in-office-only work arrangements without leasing more space,” Evers wrote in his veto message. “Or having to re-open buildings that are slated for closure and sale — both of which will cost taxpayers more money.” 

Blumenfeld said she can’t predict what the next governor will do when it comes to government efficiency, but changes in the state’s workforce needs and updates to work spaces are unlikely to slow down.

“Our hope is that we’ve laid a really solid foundation for utilizing space efficiently, effectively, for hiring the best talent, for bringing in people from all over the state and bringing family-sustaining jobs to all 72 counties,” Blumenfeld said. 

Wisconsin’s next governor

Wisconsin voters will choose the next governor later this year, with primary contests in August and the general election in November

Other than Schoemann’s plan, gubernatorial campaigns that responded to questions from Wisconsin Watch shared different perspectives on how they would address state government’s size and efficiency.   

Tiffany, the Northwoods congressman and Schoemann’s primary opponent, said he supported then-Gov. Walker’s move of the DNR’s forestry division to Rhinelander when he served in the Legislature, but his goal is focused on rooting out “waste, fraud and duplication” in state government. 

“I’ve supported changes like that when they make sense, but my focus is making government smaller, more accountable, and more efficient, not just rearranging the furniture,” Tiffany said.

Among Democratic candidates, plans for state government include making sure state agencies are effectively helping Wisconsinites and that citizens can access resources. 

“Mandela Barnes’ priority as Governor is to deliver for Wisconsin families and lower costs — which includes ensuring state agencies are serving communities effectively, are spending taxpayer dollars efficiently, and that Wisconsinites in every corner of the state can access the services they rely on,” Cole Wozniak, a spokesperson for the Barnes campaign, said in a statement. 

Brennan, who helped develop Vision 2030, in a statement said state government should continue to work for and be led by Wisconsinites. 

“Any conversation about the future footprint of state government should start with access, effectiveness, and responsible use of taxpayer dollars,” Brennan said. 

Sen. Kelda Roys, D-Madison, said the state should invest in modernizing its technology so agencies can deliver better services to citizens across the state. Republicans in the Legislature have pursued a “fiscally irresponsible starvation of government for decades,” she said.  

“There’s a huge opportunity to make state government work better and deliver better outcomes for people at lower cost to taxpayers,” Roys said. “But it does take that upfront investment and political capital, frankly, to say it’s actually worth spending a little money to save bigger in the long run.” 

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Wisconsin’s state building footprint is shrinking. Candidates for governor have different ideas about what’s next 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.

Before yesterdayMain stream

Madison’s defense in missing ballot case: Absentee voting is a ‘privilege,’ not a right

9 January 2026 at 20:50
A person wearing a face mask holds up a paper ballot with printed candidate lists while seated at a table, with other people partially visible nearby.
Reading Time: 4 minutes

The city of Madison and its former clerk are arguing in court that they can’t be sued for failing to count 193 absentee ballots in the 2024 presidential election, in part because a Wisconsin law calls absentee voting a privilege, not a constitutional right. 

That legal argument raises questions about how much protection absentee voters have against the risk of disenfranchisement — and could reignite a recent debate over whether the law calling absentee voting a privilege is itself unconstitutional.

That law, which appears to be uncommon outside of Wisconsin, has been cited repeatedly in recent years in attempts to impose more requirements and restrictions on absentee voting, and, at times, disqualify absentee ballots on which the voters have made errors. It does not appear to have been invoked to absolve election officials for errors in handling correctly cast ballots.

Nonetheless, the law has become central to the defense presented by Madison and its former clerk, Maribeth Witzel-Behl, in a novel lawsuit seeking monetary damages on behalf of the voters whose ballots went missing. 

The suit, filed by the law firm Law Forward, names the city and the clerk’s office as defendants, along with Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities, and cites a series of errors after the 2024 election that led to the ballots not being counted in alleging that they violated voters’ constitutional rights. 

In defending against that claim, attorneys for Witzel-Behl argued in a court filing that by choosing to vote absentee, the 193 disenfranchised voters “exercised a privilege rather than a constitutional right.”

Witzel-Behl’s filing argues that the 193 disenfranchised voters did, in fact, exercise their right to vote, but chose to vote absentee and therefore place the ballots into an administrative system that “can result in errors.”

“The fact that Plaintiffs’ ballots were not counted is unfortunate,” the filing states. “But it is the result of human error, not malice. And that human error was not a violation of the Plaintiffs’ constitutional right to vote.” 

Matthew W. O’Neill, an attorney representing Witzel-Behl, declined to comment.

The city’s attorneys have now adopted the same argument, filings show

Asked about the city’s legal defense, current Madison clerk Lydia McComas didn’t address the argument directly but told Votebeat that the city is committed to counting all eligible votes “regardless of how they are cast.”

Phil Keisling, a former Oregon secretary of state, said he wasn’t aware of other states with similar laws. He said he found the city’s argument wrong and offensive. 

“The right to vote, if there is a state constitutional right to vote, should have nothing to do with the form that a voter chooses,” he said.

Law passed to clarify absentee voting requirements

The law that Madison cites in its legal defense was enacted in 1985, long before absentee voting became widespread. The stricter language about the regulation of absentee voting came after judges in a series of Wisconsin court cases called for more liberal interpretation of those regulations.

The law states that while voting is a constitutional right, “voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place.” A subsequent provision states that absentee ballots that do not follow required procedures “may not be counted.”

The law appears similar to a 1969 U.S. Supreme Court decision that drew a distinction between the right to vote and the right to receive absentee ballots. That decision has since been interpreted — and misinterpreted — in a “number of ways by a number of people wanting to trim back mail voting,” said Justin Levitt, an election law professor at Loyola Marymount University.

After the Wisconsin law was enacted, the state election board clarified the Legislature’s position that failing to comply with procedures for absentee ballot applications and voting would result in ballots not being counted. The board did not suggest the law could be used to excuse municipalities that improperly discard legally cast ballots.

Absentee voting has long been available in Wisconsin but surged in 2020 amid the COVID-19 pandemic and has been extensively litigated since then.

The law calling absentee voting a privilege was central to a lawsuit that resulted in a 2022 statewide ban on ballot drop boxes; another lawsuit to prohibit voters from being able to spoil ballots and vote with a new one; and President Donald Trump’s attempt to overturn the 2020 election outcome in Wisconsin.

A later lawsuit led to the reinstatement of drop boxes in 2024. In that case, plaintiffs argued that the law “unconstitutionally degrades the voting rights of all absentee voters by increasing the risk of disenfranchisement.” The court, then led by liberal justices, declined to overturn the statute but disagreed with an earlier interpretation that absentee voting requires heightened skepticism.

Experts say Madison’s defense misinterprets the law

Rick Hasen, a professor at UCLA Law School and expert on election law, said he didn’t think the law itself was problematic, adding that states have various laws controlling absentee voting. The U.S. Constitution, he noted, doesn’t require any state to offer absentee voting.

But “once the state gives someone the opportunity to vote by mail,” he said, “then they can’t — as a matter of federal constitutional law — deprive that person of their vote because they chose a method that the state didn’t have to offer.”

The city and Witzel-Behl’s use of the law in this instance “seems to be wrong,” Hasen said.

Attorneys for Law Forward in a court filing called Witzel-Behl’s argument a “shocking proposition.”

“There is no right to vote if our votes are not counted,” Law Forward staff attorney Scott Thompson told Votebeat. “And this is the only case I’m aware of where a municipal government has argued otherwise.” 

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Madison’s defense in missing ballot case: Absentee voting is a ‘privilege,’ not a right 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.

Wisconsin could be democracy’s best hope

8 January 2026 at 11:15
Wisconsin state flag

Wisconsin State Flag | Getty Images Creative

This week marked the fifth anniversary of the Jan. 6 insurrection, in which supporters of President Trump stormed the U.S. Capitol, demanding that then-Vice President Pence overturn the will of the people. Efforts to impose accountability for those responsible and those involved have largely ended — except in Wisconsin. This means that Wisconsin has the opportunity, and the responsibility, to re-assert the rule of law, to ensure justice, and to bolster the foundations on which American democracy has been built over the past 250 years.

As we assess the state of our democracy in light of this somber anniversary, let’s start with the bad news: 

  • The U.S. Supreme Court derailed efforts by states to enforce the 14th Amendment’s prohibition against insurrectionists serving in federal office, and then it invented an ahistorical and jaw-droppingly broad doctrine of presidential immunity to derail criminal prosecutions of Trump in state and federal courts alike. 
  • Federal prosecutions of the violent mob in the Capitol were upended by Trump’s Department of Justice, and Trump issued sweeping federal pardons to every individual connected with Jan. 6, effectively encouraging them to keep it up. 
  • State prosecutions of the fraudulent electors — those who executed an unprecedented effort to overturn the 2020 election by submitting to Congress (and other officials) paperwork that falsely declared Trump to have won seven key states that he in fact lost and thereby laying the groundwork for the Jan. 6 rioters to violently demand Pence validate their efforts — have faltered, often for reasons unrelated to the merits of those actions. 

But here in Wisconsin there are still grounds for hope. Hope that bad actors who deliberately took aim at our democracy will be held accountable. Hope that our institutions will stand up and protect our democracy from further meddling by those most directly responsible. And hope that those institutions will act promptly to prevent further damage. Every Wisconsinite should be watching the following accountability efforts — and urging our elected officials to use their authority to advance the rule of law and protect our democracy. 

First, the Wisconsin Supreme Court will soon determine the appropriate sanction for Michael Gableman’s ethical transgressions as he spearheaded a sham “investigation” of the 2020 election. Gableman, who once served on the Wisconsin Supreme Court, accepted this job despite his own assessment that he did not understand how elections work in Wisconsin. He wasted taxpayer funds, undermined government transparency laws, dealt dishonestly with his clients and the public, lied to and insulted courts, and tried to jail the elected mayors of Green Bay and Madison. In March 2023, Law Forward filed an omnibus ethics grievance, documenting Gableman’s myriad breaches of the ethics rules that bind all Wisconsin attorneys. Last summer, Gableman stipulated that he had no viable defense of his conduct and agreed with the Office of Lawyer Regulation to jointly recommend his law license be suspended for three years. (He is now trying to wriggle out of accountability by serially pushing justice after justice to recuse.) 

Wisconsin precedent is clear that, where a lawyer is charged with multiple ethical breaches, the proper sanction is determined by adding the sanctions for each breach together. The Court should apply established law, which demands revoking Gableman’s law license. Then the Office of Lawyer Regulation and the Court should act on our requests to hold Andrew Hitt (chairman of the Wisconsin fraudulent electors) and Jim Troupis (chief Wisconsin counsel to Trump’s 2020 campaign and ringleader of the fraudulent-elector scheme) accountable as well.

Second, the primary architects of the fraudulent-elector scheme, detailed in records  obtained through Law Forward’s groundbreaking civil suit, are also facing criminal prosecution in Dane County. Attorney General Josh Kaul’s case is narrowly focused only on three lawyers — two who were based here in Wisconsin, and one working for the Trump campaign in DC — who conceived and designed the scheme to overturn Wisconsin’s results and then convinced six other states to follow suit. Troupis, who himself was appointed to the Wisconsin bench by former-Gov. Scott Walker as a reward for his key role in the 2011 partisan gerrymander, has gone to great lengths to slow down this prosecution, which Kaul initiated in June 2024. He filed nine separate motions to dismiss the case. He accused the judge hearing preliminary motions of misconduct and insisted that the entire Dane County bench should be recused. And now he has appealed the denial of his misconduct allegations. This case, since assigned to a different Dane County judge, will proceed, and it is the best hope anywhere in the country to achieve accountability for the fraudulent-elector scheme. 

Third, on behalf of the Wisconsin Democracy Campaign and two individual voters, Law Forward is suing Elon Musk and two advocacy organizations he controls for their brazen scheme of million-dollar giveaways to influence the 2025 Wisconsin Supreme Court election. This case is about ensuring that Wisconsin elections are decided by Wisconsin voters, not by out-of-state efforts to buy the results they want for us. We’re waiting for the trial court to decide preliminary motions, but, with another Wisconsin Supreme Court election imminently approaching, there is urgency to clarify that Wisconsin law forbids the shenanigans we saw last year, which contributed to the most expensive judicial race in American history. 

Beginning in 2011, Wisconsin became the country’s primary testing ground for the most radical anti-democratic ideas. From Act 10 to one of the strictest voter ID laws in the country, from subverting the separation of powers and steamrolling local control over local issues to hobbling the regulatory state and starving our public schools, Wisconsin’s gerrymandered Legislature adopted idea after idea hostile to democracy. With the end of the nation’s most extreme and durable partisan gerrymander in 2023 and a change in the makeup of the state Supreme Court, however, the tide in Wisconsin has ebbed somewhat. 

Now, improbably, Wisconsin is the place that democracy can best hold the line. We can create accountability for those who have abused power, have undermined elections, and have diminished the ideals and institutions of our self-government. That, in conjunction with Law Forward’s broad docket of work to defend free elections and to strengthen our democracy, sustains my hope.

GET THE MORNING HEADLINES.

DataWatch: Nearly half of Wisconsin private school students receive a taxpayer-funded voucher

Reading Time: 6 minutes

Almost half of all private school students in Wisconsin now receive school vouchers, signaling a rapid reshaping of the state’s educational landscape powered by state taxpayers.

Step 1 Step 2 Step 3

When it launched in 1990, the Milwaukee Parental Choice Program, the nation’s first modern private school voucher program, included just 300 students at seven secular private schools. The students came from families earning less than 175% of the federal poverty level, and state taxpayers covered $2,446 of tuition for each. The total price tag that year: about $700,000, or $1.78 million today adjusted for inflation. It was a pittance compared to the $1.9 billion of state aid and $2.4 billion of property taxes provided to public schools in Wisconsin that year.

By 2011, enrollment in Milwaukee’s voucher program reached 23,000 students, or about three out of four private school students that year. Former Gov. Scott Walker and the Republican-led Legislature helped spur the creation of three more private school choice programs similar to MPCP: one for students in Racine (RPCP), one for students elsewhere in the state (WPCP) and another for students with special needs (SNSP). This expansion was part of a national effort to boost private school education with support from Walmart founders, the Walton family, according to previous Wisconsin Watch reporting.

Flash forward to last school year: Nearly half  (46%) of all private school students in Wisconsin received vouchers across the state’s four programs. Taxpayers this school year will spend more than $700 million to defray tuition costs for about 60,000 students. Almost all (about 96%) attend religiously affiliated schools. The vast growth of the voucher system has helped Wisconsin’s private school system grow modestly as public school enrollment declines. Critics, particularly Democrats and public school teacher unions, describe the state as funding two school systems.

Supporting a second school system with public money

Taxpayers through school district budgets provide $10,877 for each K–8 voucher student and $13,371 for each voucher student in grades 9-12 who enrolls in one of the three voucher programs. Each student who participates in the Special Needs Scholarship Program receives $16,049. Those amounts will increase by 4%, 3.2% and 2.6% respectively next school year.

Except in Milwaukee, where the program is directly funded by the state budget, the funding is deducted from the state aid to each school district. This school year, $357.5 million was deducted.

For public schools, state aid roughly represents 45% of school funding. Federal aid, property taxes and other revenue cover the rest. Although the exact amount varies by district, public schools collected an average of $14,104 per student in property taxes and state general and categorical aid during the 2024-25 school year.

When the state redirected aid from public schools to pay for the Racine, statewide and special need vouchers, school districts were still allowed to raise revenue as if the private school student were attending the public school. So while the district pays $10,877 to the private school for a K-8 student, it can still collect roughly $13,362 in state general aid and property taxes, keeping the difference to pay for other students still in the public system.

Some cities, like Green Bay, have started adding a note to property tax bills stating the amount of money school districts levied to pay for private school vouchers.

In the meantime, Republican lawmakers proposed “decoupling bills,” which would have the state fully cover the Racine, statewide and special need voucher programs, similar to Milwaukee. That would prevent the money from passing through the public school districts, reducing the net revenue school districts have been able to collect for the past decade.

“The funding system is broken, and the link in current law between school choice funding and property taxes needs to be repealed,” said Carol Shires, vice president of operations, School Choice Wisconsin, an advocate group for the voucher system, in an email to Wisconsin Watch.

Private school market stabilizes with public funds

As homeschooling has gained considerable popularity over the past decade, the voucher program has saved many private schools from losing enrollment and likely closure.

“There really would not be a private school sector in Milwaukee, with a few exceptions, if it wasn’t for the voucher program,” said Alan Borsuk, senior fellow in law and public policy at Marquette University Law School, “because nobody had the money to pay tuition, and there was just no way to afford schools.”

Wisconsin private schools gained 1,687 students from 2011 to 2024, a stark contrast to public schools, where enrollment declined by more than 65,000 students. Homeschooling grew even more, by nearly 13,000 students.

More than half of all private schools (56%) now accept vouchers. This year, 91 private schools had 90% or more of its students participate in the voucher program.

There are fewer private schools, but more are participating in the voucher program

A Wisconsin Watch data analysis found that about half of the private schools that joined the voucher program between 2008 and 2024 grew their student population. 

A debate on effectiveness

When the voucher program was introduced in Milwaukee, lawmakers envisioned the program empowering low-income parents who couldn’t otherwise afford private schools to choose where their children are educated, bridging the education gap, and improving education quality for both the private and public school systems. 

“Choice gives poor students the ability to select the best school that they possibly can,” former Gov. Tommy Thompson said in a telephone interview with the New York Times in 1990. “The plan allows for choice and competition, and I believe competition will make both the public and private schools that much stronger.”

About 35 years after the program’s introduction, people still cannot come to a consensus on whether it improves education quality.

“Taxpayers fund choice students at a lower dollar amount than they fund public school students, yet those choice students achieve better outcomes,” Shires wrote, referring to the school year 2024-25 state testing results from DPI.

The DPI data cited by the organization showed a higher average test score for voucher students compared to their peers in public schools. 

However, that methodology has been criticized by reviewers affiliated with the National Education Policy Center, a university research center housed at the University of Colorado Boulder’s School of Education. The reviewers criticized the approach of directly comparing standardized test scores of voucher students with those of public school students, arguing that such comparisons are overly simplistic and misleading.

In his review, Stephen Kotok, an associate professor at St. John’s University, wrote that simply comparing average test scores between the two groups without accounting for nonrandom selection into voucher programs overlooks other factors that may influence student performance besides school quality. He also wrote that relying solely on standardized test scores to judge educational quality or productivity is a “crude” measure.

DPI uses report card systems to provide a more comprehensive review of school performances in addition to test scores. Last year, 85% of public schools and 85% of voucher schools met, exceeded or significantly exceeded expectations. However, less than half (43%) of the voucher schools were scored due to insufficient data. DPI cited small student populations and low test participation rates among voucher students for not assessing those schools.

Several recent studies indicate that the academic benefits of voucher programs are marginal.

An analysis of 92 studies on school choice students’ academic achievements published between 1992 and 2015 found a very slight rise in standardized test scores among students who transferred from public schools to voucher schools, according to Huriya Jabbar, an associate professor at the University of Southern California.

Even though earlier data tended to show positive effects from voucher programs, math scores for students who switched to voucher schools were less impressive, and even negative, particularly in newer and larger programs, according to a study by Christopher Lubienski, director of the Center for Evaluation and Education Policy at Indiana University.

Borsuk wrote that the voucher system does not improve the overall quality of education in a column for the Milwaukee Journal Sentinel. He noted the education quality of voucher schools varies by school, with a mixture of excellence and disappointment.

In addition, state laws do not protect private school students from discrimination as they do in public schools. Previous reports by Wisconsin Watch have found some voucher school students have faced discrimination because of their disabilities or sexual orientation.

Not just providing choice for public school students

RPCP and WPCP generally do not accept students previously registered in private schools, but the program makes an exception for grades K4-1 and 9

This year, one in four (1,129) newly enrolled WPCP students studied in a private school the previous year — even more than the 948 students who transferred from Wisconsin public schools. Comparatively, most newly enrolled Racine students came from public schools or had not previously attended any school.

MPCP does not have a similar requirement, and DPI stopped publishing the source of enrollment data in 2006.

Bringing religion into classrooms

Enrollment at MPCP jumped in 1998 as the program began incorporating religious schools after the Wisconsin Supreme Court ruled 4-2 the program didn’t promote state-sponsored religious education.

As of the 2025-26 school year, nearly all of the voucher schools are religiously affiliated.

Parents cite the religion-based curriculum, safer environments, strict discipline and small classrooms in their decision to send their children to private schools.

Parents of voucher students may opt out of the religious curriculum under the law, yet no available data show how often that happens. 

“Almost 30 years now, if there have been 25 cases of opt-outs, I’d be really surprised,” Borsuk said. “If you’re going to a religious school and don’t want to be there, then why are you going to that school? It’s basically as simple as that.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

DataWatch: Nearly half of Wisconsin private school students receive a taxpayer-funded voucher 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.

Here are 5 Wisconsin political predictions for 2026 (and a review of our 2025 predictions)

A Capitol dome rises behind bare tree branches at dusk, with columns and a statue atop the dome silhouetted against a pale sky.
Reading Time: 5 minutes

It’s a new year in Wisconsin, and an election one, too. There are many state government and politics storylines we plan to follow at Wisconsin Watch in 2026 from major policy debates to races that could determine the future of the state. 

But we value accountability here, including for ourselves. Before we dive into predictions for the year ahead, we want to look back at what our state team thought might happen in 2025.

Here’s what we predicted and what actually happened. 

2025 prediction: The Wisconsin Supreme Court will expand abortion rights.

Outcome: True.

The court in a 4-3 July ruling struck down Wisconsin’s 1849 near-total abortion ban, determining that later state laws regulating the procedure enacted after the ban superseded it. 

There are still restrictions on when someone can receive an abortion, including a ban on the procedure 20 weeks after fertilization and a 24-hour waiting period and ultrasound before an abortion is performed. President Donald Trump’s big bill signed in July has also threatened Medicaid funding for Planned Parenthood clinics in Wisconsin that offer abortions. A federal appeals court in December paused a lower court ruling and allowed the Trump administration to continue enforcing that part of the law.

2025 prediction: Democratic Gov. Tony Evers and the Republican-controlled Legislature will again strike a deal to increase funding for public education and private voucher schools, similar to the compromise they made in 2023.

Outcome: Mixed.

Evers and the Republican-controlled Legislature did reach an agreement on K-12 education funding during the budget process, approving a $500 million boost for special education funding. But this wasn’t like 2023, when conservatives secured significant funding increases for private voucher schools.

General school aid was kept at the same level as previous years. The Department of Public Instruction in October said, because of that decision, 71% of school districts will receive less general aid during the current school year. Private voucher school funding increased based on past per pupil funding adjustments. As a result of revenue limits going up $325 a year for the next 400 years (no change there from Evers’ creative veto in 2023) and general aid staying flat, property taxes increased significantly. 

2025 prediction: The state Supreme Court election will set another spending record.

Outcome: Nailed it!

Total spending for the 2025 state Supreme Court race between liberal candidate Susan Crawford and conservative Brad Schimel hit $144.5 million, shattering the record set in 2023. The spending in last year’s race broke records even without a $30.3 million giveaway from tech billionaire Elon Musk to conservative voters in the state.

As Larry Sandler recently reported for Wisconsin Watch, it was another year demonstrating how expensive and highly political Wisconsin’s state Supreme Court elections have become over the years. 

2025 prediction: Ben Wikler will be the next chair of the Democratic National Committee.

Outcome: Swing and a miss!

Former Minnesota Democratic-Farmer-Labor Party chair Ken Martin was elected chair of the Democratic National Committee in February. Wikler was the runner-up in the contest. 

Following the DNC chair race, Wikler announced in April he would not seek reelection as chair of the Wisconsin Democratic Party. Devin Remiker took on the leadership role following the state party’s convention in June. 

It’s not clear what’s next for Wikler. He announced in October he would not seek the Democratic nomination for governor. 

Wisconsin Watch predictions for 2026

There is a lot on the line this year, especially with several key elections on ballots in the spring and fall. Here are storylines we expect to follow in 2026.

2026 prediction: The Wisconsin Supreme Court election will NOT set a new spending record.

The big factor here is that the outcome of the April race won’t determine who controls the majority of the court, which lowers the stakes compared to elections in 2023 and 2025. The contest is expected to be a race between Appeals Court judges Chris Taylor, a liberal, and Maria Lazar, a conservative. 

A clearer picture of the fundraising for the 2026 race will appear after campaign finance reports are released this month. Lazar entered the race in October, so her campaign fundraising since then is not yet available. 

Taylor, who announced her campaign in May, reported raising more than $584,000 as of July. Following the August announcement that conservative Justice Rebecca Bradley would not seek reelection, a spokesperson for Taylor’s campaign said it had raised more than $1 million.

2026 prediction: Data centers will continue to be a major subject of public interest in Wisconsin as public outcry causes the Public Service Commission to delay approvals of new power plant projects.

Public protests against data centers punctuated the 2025 news cycle as tech giants saw pushback in communities where they sought to build. The Marquette University Law School poll conducted in October shows a majority of Wisconsin voters across the state believe the costs of data centers outweigh their benefits. 

The public opposition to data centers and rising utility bill costs will lead to closer scrutiny of power plant projects, which the Public Service Commission is set to review this year.

2026 prediction: In the governor’s race, Republicans will focus on rising property taxes. Democrats will focus on rising health care costs. But the ultimate X factor will be the public mood about what’s happening at the federal level — just as it was in 2018. 

Already in December, Republicans have slammed Evers’ 2023 creative veto that increases public school funding for the next 400 years as a centuries-long property tax increase. Democrats have condemned Republicans for not voting to extend the Affordable Care Act subsidies, which expired at the end of December.

Federal issues and public opinion about Trump will ultimately be what sways voters to one party or the other. During the 2018 governor’s race between Evers and then-Gov. Scott Walker, health care was a key issue with Walker authorizing a lawsuit challenging the Affordable Care Act and Evers calling to expand BadgerCare. But as we’ve noted before, the public is turning against public education in favor of lower taxes, which could keep Republicans in Wisconsin from suffering major swings the party has seen in other states in 2025 off-year elections.

2026 prediction: Democrats will flip at least one chamber of the Legislature for the first time in nearly two decades (not counting that short-lived Senate flip after the 2012 recall elections).

New legislative maps being used for the first time in state Senate races and midterm elections favoring the opposite political party from the one in the White House are signs it could be a good year for Democrats to secure at least one chamber of the Legislature — if not both. 

The more likely of the two is the Senate, where Republicans hold an 18-15 majority. Democrats need to flip at least two Republican seats and hold onto the Eau Claire area seat held by Sen. Jeff Smith, D-Brunswick, to win the majority. The party is targeting GOP districts currently held by Sen. Van Wanggaard, R-Racine; Sen. Rob Hutton, R-Brookfield; and Sen. Howard Marklein, R-Spring Green, where new maps have yet to be tested. Kamala Harris won those three districts, and Democrats running in other states in 2025 have made double-digit gains.

The Assembly, where Republicans hold a 54-45 majority, could also be in play, but Democrats need to flip five Republican-held Assembly seats. Of the 12 Assembly districts in 2024 decided within less than 5 percentage points, five were won by Republicans. Assembly Democrats would need to flip those five seats and hold onto the other seven close districts from 2024 to win the majority. 

Democrats already flipped 10 seats under the new legislative maps in 2024 during a year when Trump’s name atop ballots gave a boost to Republicans. If Democrats see big wins across the country, there could be down-ballot momentum to flip the Assembly. 

2026 prediction: Fundraising by candidates for Wisconsin’s 3rd Congressional District will exceed 2024, especially as that seat draws national attention in the Republican fight to keep the U.S. House majority.

Republican U.S. Rep. Derrick Van Orden defeated Democrat Rebecca Cooke by less than 3 percentage points in 2024. Van Orden raised nearly $7.7 million and Cooke brought in nearly $6.4 million during the 2024 cycle, outraising all other Wisconsin congressional candidates at the time, according to Open Secrets

The 2026 race for the 3rd District is likely to be a rematch between Van Orden and Cooke, who have already raised millions for the 2026 cycle. As of late September, Van Orden reported bringing in about $3.4 million and Cooke nearly $3 million. National attention on who wins the U.S. House majority will also bring more money into the race. The Democratic Congressional Campaign Committee put the 3rd District on a list of “offensive targets” for 2026.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Here are 5 Wisconsin political predictions for 2026 (and a review of our 2025 predictions) 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.

Back Words: Read 12 stories from Wisconsin history

An illustration shows people standing and facing a train car platform where several figures are visible above them, with “EUGENE V. DEBS ON BOARD ‘RED SPECIAL’ IN TRANSCONTINENTAL SPEAKING TOUR” printed at the top
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Every week in Forward, our Monday newsletter about the week ahead in Wisconsin government and politics, Brittany Carloni shares a short story from Wisconsin history.

We like to select stories that tie into current events to illustrate how the past speaks to the present. Whether it’s Teddy Roosevelt, after being shot in Milwaukee, warning against factional fighting or the origins of multicultural centers on university campuses or the spirit of gift-giving tied to the first evergreen tree in the Capitol rotunda, the past teaches us a lot about the present.

Today we present the last 12 editions of Back Words. If you like local history tidbits, political analysis and a preview of upcoming state government happenings, make sure you’re subscribed to Forward.

Oct. 6, 2025

On Oct. 6, 1917, just six months after the U.S. entered World War I, Wisconsin Sen. Robert La Follette Sr. spoke for three hours on the floor of the U.S. Senate about the importance of free speech during war time. 

“Fighting Bob” earlier that year voted against Congress’ declaration of war with Germany and criticized war time initiatives from President Woodrow Wilson’s administration. His remarks followed news that a Senate committee received a resolution to expel him from the chamber. 

“Our government, above all others, is founded on the right of the people freely to discuss all matters pertaining to their government, in war not less than in peace,” reads a copy of La Follette’s remarks published in the congressional record. “For in this government the people are the rulers in war no less than in peace.”

Oct. 13, 2025

On Oct. 14, 1912, former President Theodore Roosevelt was shot during a campaign stop in Milwaukee while he sought a third term for president as a member of the Progressive Party. 

The shooting occurred as Roosevelt left the former Gilpatrick Hotel on his way to give remarks at the Milwaukee Auditorium. Despite his injuries, Roosevelt followed through with the speech

“Every good citizen ought to do everything in his or her power to prevent the coming of the day when we shall see in this country two recognized creeds fighting one another, when we shall see the creed of the ‘Havenots’ arraigned against the creed of the ‘Haves,’” Roosevelt told the crowd, even as supporters implored him to seek medical attention. “When that day comes then such incidents as this to-night will be commonplace in our history. When you make poor men — when you permit the conditions to grow such that the poor man as such will be swayed by his sense of injury against the men who try to hold what they improperly have won, when that day comes, the most awful passions will be let loose and it will be an ill day for our country.”

The episode made headlines the next day. The front page of the Oct. 15 afternoon edition of the Green Bay Press Gazette read: “Crank Shoots Roosevelt at Milwaukee; Wound Not Dangerous.”

Oct. 20, 2025

A Wisconsin Historical Society marker notes that on Oct. 20, 1856, abolitionist Frederick Douglass gave a speech in Beaver Dam about the “brutality and immorality” of slavery. Douglass was born into slavery but escaped and grew to become a renowned activist, writer and speaker.

Newspaper notices show Douglass spoke in several other Wisconsin cities during that period. A Kenosha newspaper at the time previewed his visit to the city, describing Douglass as “the eloquent champion of freedom.” Though there isn’t a record of his Beaver Dam speech, his July 5, 1852, speech in Rochester, New York, had a similar theme.

“The existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretence, and your Christianity as a lie,” Douglass said. “It destroys your moral power abroad; it corrupts your politicians at home. It saps the foundation of religion; it makes your name a hissing, and a bye-word to a mocking earth. It is the antagonistic force in your government, the only thing that seriously disturbs and endangers your Union.”

Oct. 27, 2025

An illustration shows people standing and facing a train car platform where several figures are visible above them, with “EUGENE V. DEBS ON BOARD ‘RED SPECIAL’ IN TRANSCONTINENTAL SPEAKING TOUR” printed at the top
The Beloit Daily News on Oct. 2, 1908, ran this story about stops in Wisconsin from the “Red Special” train carrying Socialist Party presidential candidate Eugene V. Debs.

As election season ramped up in 1908, the “Red Special” train carrying Socialist Party presidential candidate Eugene V. Debs made stops in Wisconsin on Oct. 30 and 31 and Nov. 1 during his third campaign for the White House.

An Oct. 31, 1908, story in the Social-Democratic Herald quoted Debs at a stop in Beloit.

“The last panic, so-called, occurred under a Democratic administration in 1893. The Republicans were swift to exclaim, ‘Behold, the fruit of Democratic misrule!’” Debs said. “Up to this time the working class had not yet learned to any great extent to think or to act for themselves. They were still responsive to the plea of the capitalist demagogue. Hundreds of thousands of them swept from the Democratic Party into the Republican Party, and that party went into power upon that issue.”

Debs ran for president again four years later with a Wisconsin connection. In 1912, former Milwaukee Mayor Emil Seidel ran as the Socialist Party’s vice presidential candidate. 

Nov. 3, 2025

On Nov. 3, 1998, Wisconsin voters elected Republican Gov. Tommy Thompson to an unprecedented fourth term. He was first elected to the governor’s office in 1986. 

Thompson won the 1998 election with 60% of the vote to Progressive labor attorney and Democrat Ed Garvey’s 39% of the vote. That same night, Democratic Sen. Russ Feingold won re-election against Republican Mark Neumann by only 2 points.

On election night, CNN senior political analyst William Schneider noted 58% of moderate voters picked Thompson, but only 41% voted for Neumann. 

“This really epitomizes the two faces of the Republican Party,” Schneider said. “There’s going to be a split in the Republican Party coming between the governors’ wing, which is dominated by pragmatists and moderate Republicans who are inclusive in their appeal, and the congressional wing of the Republican Party which is dominated by conservative ideologues. Why are the two wings different? Well, clearly, governors represent a whole state, so they have to represent a more diverse constituency and they have to run a government and make things work, whereas members of Congress have much smaller constituencies in the House of Representatives and they can be more ideological and more partisan. I think we’re going to see this division getting bigger and bigger.”

Thompson resigned as governor in 2001 to serve as the secretary of Health and Human Services under President George W. Bush. 

Nov. 10, 2025

On Nov. 12, 1836, Wisconsin’s first territorial Gov. Henry Dodge signed the first law approved by the territorial legislature, which set expectations for the conduct between citizens and elected officials.  

The legislation authorized the “by fine and imprisonment” of members of the public who disrespect lawmakers or threaten those elected officials for anything they said or did while in session. Fines could not exceed $200, and a prison sentence could not extend beyond 48 hours for one incident. A $200 fine in 1836 would equal roughly $6,000 in today’s dollars. 

The initial law also allowed each chamber of the territorial legislature to expel a member with a two-thirds majority. But it exempted lawmakers from arrest during a session “in all cases except treason, felony, and breach of the peace.” 

Nov. 17, 2025

On Nov. 21, 1968, 94 Black students participated in a mass demonstration in University President Roger Guiles’ office at what we know today as the University of Wisconsin-Oshkosh. The event later became known as “Black Thursday.” 

The students sought a series of demands from the university, including providing courses on Black literature and history, hiring Black faculty and creating an African-American cultural center for Black students. 

“We envision the center as a place where on a cold winter night any student, black or white, can come and in one minute throw off all the unpleasant association of the university proper and enter the center in a spiritual as well as an intellectual experience,” sophomore Sandra McCreary told the Oshkosh Northwestern in the days after. 

Oshkosh police later that day arrested the students for unlawful assembly and disorderly conduct for occupying the president’s office and damaging materials from thrown typewriters to broken windows. In December, the Board of Regents chose to expel 90 of the students who participated in the demonstrations. But changes came in the months following Black Thursday, including a new intercultural center that opened in 1969. 

Nov. 24, 2025

On Nov. 24, 1959, Wisconsin leaders celebrated the opening of a 15-mile stretch of Interstate 90 between Beloit and Janesville. A program from the dedication ceremony described the project as “the largest single segment of four-lane highway to be completed at one time in the history of Rock County.” 

Then-Gov. Gaylord Nelson said he hoped the project would reduce traffic accidents and hailed its completion as an example of how officials working together from multiple levels of government “can bring about civic progress.” 

“As Governor of Wisconsin I am pleased to note that this cooperation, combined with the foresight and high standards of the citizens of this area, has resulted in providing Wisconsin motorists as well as visitors with the best transportation facility available,” Nelson wrote in a program message. 

Dec. 1, 2025

On. Dec. 2, 1954, the U.S. Senate voted 67-22 to censure Sen. Joseph McCarthy, the Republican senator from Wisconsin who was known for his anti-communism crusades and investigations in Congress. The charges were for the failure to cooperate with the Subcommittee on Privileges and Elections in 1952 and the “abuse” of the Select Committee to Study Censure in 1954. 

McCarthy answered “present” on the vote while fellow Wisconsin Republican Sen. Alexander Wiley was absent from the chamber that day on official business, according to the congressional record.

The Senate’s vote came after McCarthy’s hearings in April that year on alleged security issues in the U.S. Army, which further damaged the Wisconsin senator’s reputation. The hearings included the infamous moment when army lawyer Joseph Welch, after McCarthy questioned the communist ties of one of Welch’s colleagues, asked: “Have you no sense of decency?” 

In the weeks prior to the official censure vote, McCarthy appeared on the debut program of political show “Face the Nation” where he criticized Democrats and called the upcoming Senate proceedings a “lynch bee.” 

“When they’re not basing their vote upon the counts set forth, when they base their vote upon political reasons,” McCarthy said on the program. “When they say ahead of time in effect regardless of what the evidence says, ‘This man has been fighting communism, he’s been shouting that for over 20 years the Democrat party has been infiltrated, therefore we’re going to get him,’ I think lynching bee is a good name for it.” 

Dec. 8, 2025

On Dec. 7, 1943, two years after the attack on Pearl Harbor, the USS Wisconsin was christened by Wisconsin first lady Madge Goodland. Official construction on the battleship started in January 1941. 

A story on the events in the Wisconsin State Journal said Goodland practiced breaking the ceremonial champagne bottle ahead of the christening by shattering bottles of sherry against the executive residence. 

Then-Gov. Walter S. Goodland also attended the christening and called the USS Wisconsin celebration “thrilling and inspiring.” 

“What more appropriate than to dedicate this immense fighting craft to the men and women engaged in the world war in which this ship will soon participate,” Goodland said in remarks that day. “And especially to the 250,000 gallant men and women who hail Wisconsin as their home.” 

The ship was officially commissioned in April 1944. 

Dec. 15, 2025

On Dec. 14, 2020, the Wisconsin Supreme Court in a 4-3 ruling upheld former President Joe Biden’s election win in the state and rejected a lawsuit from President Donald Trump and his campaign that sought to overturn the election results. 

Justice Brian Hagedorn, a conservative, joined liberal Justices Ann Walsh Bradley, Rebecca Dallet and Jill Karofsky in the majority while conservative Justices Patience Roggensack, Annette Ziegler and Rebecca Bradley dissented. 

Hagedorn, who wrote the majority opinion, criticized the timing of the Trump campaign’s challenges to Wisconsin’s results, claims which “must be brought expeditiously.” 

“Our laws allow the challenge flag to be thrown regarding various aspects of election administration,” Hagedorn wrote. “The challenges raised by the Campaign in this case, however, come long after the last play or even the last game.” 

Dec. 22, 2025

The first evergreen tree placed in the Capitol rotunda during the Christmas season was in December 1916 as the new building neared completion, according to the Wisconsin Historical Society. 

A 40-foot tree for the rotunda arrived in Madison that year from northern Michigan, news reports show. It was lit on Dec. 23, 1916, during a two-day Christmas celebration organized by the local Rotary Club, which included donated gifts to “every child in the city” from the Capitol Mutual Club. 

“Hundreds of children of all ages and sizes tried to stand still yesterday afternoon and listen to the strains of ‘Holy Night’ and other devotional strains interspersed with popular airs at the Rotary club celebration while their eyes were glued on the wonderful tree in the rotunda of the capitol, and the huge baskets of gifts furnished by the Capitol Mutual Club near it,” a Dec. 24, 1916, Wisconsin State Journal story wrote of the festivities. “The singing was very nice but judging from the howl that went up when Santa Claus began to distribute the gifts, the music was not the most interesting feature of the program.” 

An evergreen tree is placed in the Capitol rotunda every year during the holiday season while political party leaders have disputed calling it a Christmas tree or a holiday tree. Gov. Tony Evers gave the 2025 balsam fir from Oconto County the theme “The Learning Tree.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Back Words: Read 12 stories from Wisconsin history 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.

Wisconsin Democrats say they won’t act like Republicans if they win a legislative majority in 2026

People gather at night outside a lit domed building with illuminated letters spelling “RESPECT MY VOTE” next to a sidewalk.
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If Democrats win a majority in one or both chambers of the Legislature in 2026, the party will have more power to govern than any time in more than 15 years. 

Senate Minority Leader Dianne Hesselbein, D-Middleton, said she saw a sign of what that future could look like during the state budget-writing process earlier this year. With just a three-seat advantage in the Senate, Republicans needed to work across the aisle to advance the budget, and Senate Democrats had a seat at the negotiating table, Hesselbein said. 

For the past 15 years of Republican majorities in the Senate and the Assembly, GOP lawmakers have been able to operate largely without input from legislative Democrats. In 2011, following the Republican midterm surge during President Barack Obama’s presidency, a GOP trifecta in the Legislature and the governor’s office advanced legislation aimed at cementing a permanent majority.

They passed laws such as Act 10, which dismantled Democratic-supporting public sector unions; strict voter ID, which made it harder for students and low-income people to vote; and partisan redistricting, which kept legislative Republicans in power with near super-majorities even after Democrats won all statewide offices in 2018. 

After years of being shut out of the legislative process, Senate Democrats won’t operate that way if the party wins control of the chamber next year, Hesselbein said. 

“We have an open door policy as Democrats in the state Senate. We will work with anybody with a good idea,” she said. “So we will try to continue to work with Republicans when we can and seek common values to really help people in the state of Wisconsin.” 

Newly redrawn legislative maps put into play during last year’s elections, when President Donald Trump won Wisconsin, resulted in 14 flipped legislative seats in favor of Democrats. Following those gains in 2024, Senate Democrats need to flip two seats and hold onto Senate District 31, held by Sen. Jeff Smith, D-Brunswick, to win a majority next year.

The party’s campaign committee is eyeing flip opportunities in seats occupied by Republican Sens. Howard Marklein, R-Spring Green; Rob Hutton, R-Brookfield; and Van Wanggaard, R-Racine, which are all districts that former Vice President Kamala Harris won in 2024, according to an analysis last year by John Johnson, a Lubar Center Research fellow at Marquette University.

Senate Majority Leader Devin LeMahieu, R-Oostburg, in an email to Wisconsin Watch said a Democratic majority in the chamber “won’t happen.” 

With political winds during a midterm year typically favoring the party not in control of the White House, Democrats could see gains in the Assembly as well, although there are more challenges than in the Senate. All of the Assembly seats were tested under the new maps last year, but Democrats still made gains during an election year when Trump’s name on ballots boosted Republicans. Minority Leader Greta Neubauer, D-Racine, told the Milwaukee Journal Sentinel earlier this month that she is “optimistic” about chances to flip the Assembly, where five seats would give Democrats control of the chamber for the first time since 2010.

Assembly Speaker Robin Vos did not respond to questions from Wisconsin Watch about how Republicans might work with Democrats if the party wins a majority next year. 

If there is a power shift in the Capitol in 2026, few lawmakers have experienced anything but Republican control of the Legislature. Just 11 of the 132 members across both political parties previously held office at a time when Democrats controlled both legislative chambers. 

Some of the longest-serving Democrats said they agree with restoring more bipartisanship in the legislative process if the party gains power in 2026. 

“I don’t want to repeat the same mistakes as the Republicans did,” said Sen. Tim Carpenter, D-Milwaukee, who was elected to the Assembly in 1984 and the Senate in 2002. “We have to give them an opportunity to work on things.” 

Carpenter and Rep. Christine Sinicki, D-Milwaukee, who was elected to the Assembly in 1998, said if the party wins one or both majorities they want to make sure members are prepared for governing responsibilities they’ve never experienced, like leading a committee. 

“It’s a lot more work,” Sinicki said of being in the majority. “But it’s very fulfilling work to actually be able to go home at night and say, ‘I did this today.’” 

A person wearing a blue blazer stands with hands raised while others sit at desks with laptops.
Senate Minority Leader Dianne Hesselbein, D-Middleton, speaks during a Senate floor session Oct. 14, 2025, at the State Capitol in Madison, Wis. (Joe Timmerman / Wisconsin Watch)

Hesselbein said if Senate Democrats secure power in their chamber next year, members will continue to focus on affordability issues that they’ve proposed during the current session. Some of those bills included providing free meals at breakfast and lunch to students in Wisconsin schools, lowering the cost of prescription drugs and expanding access to the homestead tax credit.

LeMahieu, though, said Democrats have “no credibility” on affordability issues. 

“Senate Republicans delivered the second largest income tax cut in state history to put more money in Wisconsin families’ pockets for gas and groceries while Senate Democrats propose sales and income tax hikes to pay for a radical agenda nobody can afford,” he said. 

Senate Democrats in the meantime are holding listening sessions across the state and working on a list of future bills to be ready to lead “on day one,” Hesselbein said. “If we are fortunate enough.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Wisconsin Democrats say they won’t act like Republicans if they win a legislative majority in 2026 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.

Here’s why Milwaukee elections are always viewed with suspicion

19 December 2025 at 15:00
A person reaches into a machine with perforated paper sheets inside it while additional sheets are stacked on the counter nearby.
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For nearly two weeks following Election Day in 2024, former U.S. Senate candidate Eric Hovde, a Republican, refused to concede, blasting “last-minute absentee ballots that were dropped in Milwaukee at 4 a.m., flipping the outcome.”

But, just as when Donald Trump blamed Milwaukee for his 2020 loss, Hovde’s accusations and insinuations about the city’s election practices coincided with a surge of conspiratorial posts about the city. Popular social media users speculated about “sabotage” and “fraudulently high” turnout.

Hovde earlier this year told Votebeat that he believes there are issues at Milwaukee’s facility for counting absentee ballots, but he added that he doesn’t blame his loss on that. He didn’t respond to a request for comment in December for this article.

In Wisconsin’s polarized political landscape, Milwaukee has become a flashpoint for election suspicion, much like Philadelphia and Detroit — diverse, Democratic urban centers that draw outsized criticism. The scrutiny reflects the state’s deep rural-urban divide and a handful of election errors in Milwaukee that conspiracy theorists have seized on, leaving the city’s voters and officials under constant political pressure.

That treatment, Milwaukee historian John Gurda says, reflects “the general pattern where you have big cities governed by Democrats” automatically perceived by the right “as centers of depravity (and) insane, radical leftists.”

Charlie Sykes — a longtime conservative commentator no longer aligned with much of GOP politics — said there’s “nothing tremendously mysterious” about Republicans singling out Milwaukee: As long as election conspiracy theories dominate the right, the heavily Democratic city will remain a target.

Milwaukee voters and election officials under constant watch

Milwaukee’s emergence as a target in voter fraud narratives accelerated in 2010, when dozens of billboards in the city’s predominantly Black and Latino neighborhoods showed three people, including two Black people, behind bars with the warning: “VOTER FRAUD is a FELONY — 3 YRS & $10,000 FINE.” 

Community groups condemned them as racist and misleading, especially for people who had regained their voting rights after felony convictions. Similar billboards returned in 2012, swapping the jail bars for a gavel. All of the advertisements were funded by the Einhorn Family Foundation, associated with GOP donor Stephen Einhorn, who didn’t respond to Votebeat’s email requesting comment.

Criticism of Milwaukee extends well beyond its elections. As Wisconsin’s largest city, it is often cast as an outlier in a largely rural state, making it easier for some to believe the worst about its institutions — including its elections.

“One of the undercurrents of Wisconsin political history is … rural parts versus urban parts,” said University of Wisconsin-Milwaukee political scientist and former Democratic legislator Mordecai Lee. As the state’s biggest city by far, “it becomes the punching bag for outstate legislators” on almost any issue.

“People stay at home and watch the evening news and they think if you come to Milwaukee, you’re going to get shot … or you’re going to get run over by a reckless driver,” said Claire Woodall, who ran the city’s elections from 2020 to 2024.

Election officials acknowledge Milwaukee has made avoidable mistakes in high-stakes elections but describe them as quickly remedied and the kinds of errors any large city can experience when processing tens of thousands of ballots. What sets Milwaukee apart is the scrutiny: Whether it was a briefly forgotten USB stick in 2020 or tabulator doors left open in 2024, each lapse is treated as something more ominous.

Other Wisconsin municipalities have made more consequential errors without attracting comparable attention: In 2011, Waukesha County failed to report votes from Brookfield when tallying a statewide court race — a major oversight that put the wrong candidate in the lead in early unofficial results. In 2024, Summit, a town in Douglas County, disqualified all votes in an Assembly race after officials discovered ballots were printed with the wrong contest listed. 

“I don’t believe that there is anywhere in the state that is under a microscope the way the city of Milwaukee is,” said Neil Albrecht, a former executive director of the Milwaukee Election Commission. 

Black Milwaukeeans say racism behind scrutiny on elections

Milwaukee grew quickly in the 19th century, built by waves of European immigrants who powered its factories and breweries and helped turn it into one of the Midwest’s major industrial cities. A small Black community, searching for employment and fleeing the Jim Crow South, took root early and grew substantially in the mid-20th century.

As industry declined, white residents fled for the suburbs, many of which had racist housing policies that excluded Blacks. That left behind a city marked by segregated schools, shrinking job prospects and sharp economic divides. The split was so stark that the Menomonee River Valley became a shorthand boundary: Black residents to the north, white residents to the south — a divide Milwaukee never fully overcame.

The result is one of the most segregated cities in the country, a place that looks and feels profoundly different from the overwhelmingly white, rural communities that surround it. That contrast has long made Milwaukee an easy target in statewide politics, and it continues to feed some people’s suspicions that something about the city — including its elections — is fundamentally untrustworthy.

The Rev. Greg Lewis, executive director of Wisconsin’s Souls to the Polls, said the reputation is rooted in racism and belied by reality. He said he has a hard enough time getting minorities to vote at all, “let alone vote twice.” 

Albrecht agreed.

“If a Souls to the Polls bus would pull up to (a polling site), a bus full of Black people, some Republican observer would mutter, ‘Oh, these are the people being brought up from Chicago,’” he said. “As if we don’t have African Americans in Milwaukee.” 

Two people look at a machine with a screen that says “Scan Ballots”
Election workers count votes using a tabulation machine during Election Day on Nov. 5, 2024, at Milwaukee’s central count facility at the Baird Center. (Joe Timmerman / Wisconsin Watch)

After former Lt. Gov. Mandela Barnes — a Black Milwaukeean and a Democrat — lost his 2022 U.S. Senate bid to unseat U.S. Sen. Ron Johnson, Bob Spindell, a Republican member of the Wisconsin Elections Commission, emailed constituents saying Republicans “can be especially proud” of Milwaukee casting 37,000 fewer votes than in 2018, “with the major reduction happening in the overwhelming Black and Hispanic areas.”

The message sparked backlash, though Spindell rejected accusations of racism. Asked about it this year, Spindell told Votebeat he meant to praise GOP outreach to Black voters.

Milwaukee organizer Angela Lang said she finds the shifting narratives about Black turnout revealing. “Are we voting (illegally)?” she said. “Or are you all happy that we’re not voting?”

History of real and perceived errors increases pressure on city

The scrutiny directed at Milwaukee falls on voters and the city employees who run its elections. 

Milwaukee’s most serious stumble came in 2004, when a last-minute overhaul of the election office contributed to unprocessed voter registrations, delayed absentee counts and discrepancies in the final tally. Multiple investigations found widespread administrative problems but no fraud. 

“It was hard coming in at that low point,” said Albrecht, who joined the commission the following year, saying it gave Milwaukee the reputation as an “election fraud capital.”

In 2008, the city created a centralized absentee ballot count facility to reduce errors at polling places and improve consistency. The change worked as intended, but it also meant Milwaukee’s absentee results — representing tens of thousands of votes — were often reported after midnight, sometimes shifting statewide margins.

That timing is largely a product of state law: Wisconsin is one of the few states that prohibit clerks from processing absentee ballots before Election Day. For years, Milwaukee officials have asked lawmakers to change the rule. Instead, opponents argue the city can’t be trusted with extra processing time — even as they criticize the late-night results all but unavoidable under the current rule.

That dynamic was on full display in 2018, when former Gov. Scott Walker, trailing in his reelection bid, said he was blindsided by Milwaukee’s 47,000 late-arriving absentee ballots and accused the city of incompetence.

Proposals to allow administrators more time to process ballots — and therefore report results sooner — have repeatedly stalled in the Legislature. The most recent passed the Assembly last session but never received a Senate vote, with some Republicans openly questioning why they should give Milwaukee more time when they don’t trust the city to handle the ballots with the time it already has. 

“The late-arriving results of absentee ballots processed in the city of Milwaukee benefits all attempts to discredit the city,” Albrecht said. 

Without the change, to keep up with other Wisconsin municipalities, Milwaukee must process tens of thousands of absentee ballots in a single day, a herculean task. “The effect of not passing it means this issue can be kept alive,” said Lee, the UW-Milwaukee political scientist.

Some Republicans acknowledge that dynamic outright. Rep. Scott Krug, a GOP lawmaker praised for his pragmatic approach to election policy, has long supported a policy fix. This session, it doesn’t appear to be going anywhere. 

Krug said a small but influential faction on the right has built a kind of social network around election conspiracy theories, many focused on Milwaukee. Because the tight counting window is part of the fuel that keeps that group going, he said, “a fix is a problem for them.”

2020 marked the shift to ‘complete insanity’

Albrecht said that while Milwaukee had long operated under an unusual level of suspicion, the scrutiny that followed 2020 represented a shift he described as “complete insanity.”

That year, in the early hours after Election Day, Milwaukee released its absentee totals, but then-election chief Woodall realized she’d left a USB drive in one tabulator. Woodall called her deputy clerk about it, and the deputy had a police officer take the USB drive to the county building. The mistake didn’t affect results — the audit trail matched — but it was enough to ignite right-wing talk radio and fuel yet more conspiratorial claims about the city’s late-night reporting.

The scrutiny only intensified. A joking email exchange between Woodall and an elections consultant, taken out of context, was perceived by some as proof of fraud after Gateway Pundit and a now-defunct conservative state politics site published it. Threats followed, serious enough that police and the FBI stepped in. Woodall pushed for increased security at the city’s election office, saying that “there was no question” staff safety was at risk.

A similar dynamic played out again in 2024, when workers discovered that doors on absentee tabulators hadn’t been fully closed. With no evidence of tampering but anticipating backlash, officials zeroed out the machines and recounted every ballot. The fix didn’t stop Republicans, including Johnson, from suggesting something “very suspicious” could be happening behind the scenes. Johnson did not respond to a request for comment. 

Meanwhile, errors in other Wisconsin communities, sometimes far more consequential, rarely draw similar attention. Take Waukesha County’s error in 2011 — a mistake that swung thousands of votes and affected which candidate was in the lead. “But it didn’t stick,” said UW-Madison’s Barry Burden, a political science professor. “People don’t talk about Waukesha as a place with rigged or problematic elections.”

In recent years there was only one substantiated allegation of serious election official wrongdoing: In November 2022, Milwaukee deputy clerk Kimberly Zapata was charged with misconduct in office and fraud for obtaining fake absentee ballots. 

A month prior, she had ordered three military absentee ballots using fake names and sent the ballots to a Republican lawmaker, an effort she reportedly described as an attempt to expose flaws in the election system. Zapata said those events stemmed from a “complete emotional breakdown.” She was sentenced to one year of probation for election fraud.

“We didn’t hear as much from the right” about those charges, Woodall said. 

More recently, the GOP has raised concerns about privacy screens — a curtain hung last November to block a staging area and, earlier this year, a room with frosted windows. Republicans seized on each, claiming the city was hiding something.

Paulina Gutiérrez, the city’s election director, told Votebeat the ballots temporarily kept behind the curtain “aren’t manipulated. They’re scanned and sent directly onto the floor,” where observers are free to watch the envelopes be opened and the ballots be counted.

But the accusations took off anyway. Even Johnson, the U.S. senator, suggested the city was “making sure NO ONE trusts their election counts.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Here’s why Milwaukee elections are always viewed with suspicion 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.

Wisconsin prosecution of 2020 fake elector scheme moves ahead as other state efforts falter

Two people in suits stand at a podium in a wood-paneled room, with another person nearby holding papers and wearing a badge on a jacket.
Reading Time: 4 minutes

Update:

A Wisconsin judge ruled Monday there is enough evidence to proceed to trial in a felony forgery case against an attorney and an aide to President Donald Trump for their role in the 2020 fake elector scheme.

Dane County Circuit Judge John Hyland ruled that there was probable cause to proceed with the 11 felony forgery charges against Jim Troupis, who was Trump’s campaign attorney in Wisconsin, and Mike Roman, Trump’s director of Election Day operations in 2020.

The preliminary hearing of a third person charged, former Trump attorney Ken Chesebro, was postponed amid questions about what statements the man made to prosecutors that could be admitted in court.

— Scott Bauer, The Associated Press

Original story:

Five years after the 2020 presidential election, state-led cases against individuals involved in “fake elector” plans to overturn that year’s election results in favor of President Donald Trump have hit roadblocks.

Just this fall, a judge in Michigan dismissed the state’s case against 15 people accused of falsely acting as electors to certify the presidential election for Trump in 2020. A Georgia prosecutor, who took over that state’s case in November after the district attorney was removed, dropped the charges against Trump and other people who were accused of 2020 election interference in the state. 

But unlike Michigan and Georgia, Wisconsin’s criminal case has not faced such legal stumbles so far. A preliminary hearing in the criminal case against former Trump campaign attorneys Kenneth Chesebro and Jim Troupis and former campaign aide Michael Roman was held Monday morning in Dane County Circuit Court. 

Legal experts said Wisconsin’s case at this point differs from those in Michigan and Georgia in key ways. There have been no major scandals so far, no changes have been made to people overseeing the case, and Wisconsin’s prosecution has a narrower focus than those in other states, said Lori Ringhand, a constitutional and election law professor at the University of Georgia School of Law. 

“The prosecution isn’t of the electors,” Ringhand said. “It’s of the actual people, the very high-level Trump campaign people, attorneys who are accused of facilitating the entire scheme.” 

Democratic Wisconsin Attorney General Josh Kaul in June 2024 charged Chesebro, Troupis and Roman with 11 felony forgery counts each for generating documents that falsely claimed Trump won Wisconsin in 2020. The three men allegedly originated the fake electors plan in Wisconsin that spread to other swing states across the country with close vote margins between Trump and former President Joe Biden. 

Wisconsin’s focus on Chesebro, Troupis and Roman could be a stronger case than if the state focused on the slate of false electors, Ringhand said. That’s because it’s hard to prove intent in the cases targeting just electors. 

In the Michigan case, the Associated Press reported the judge in September said that the state failed to prove the electors had intended to commit fraud. A majority of the Wisconsin false electors said they did not believe their signatures certifying a Trump election in the state would be sent to Washington, D.C., according to an amended criminal complaint filed in December 2024

“Against the electors themselves, I think it was going to be difficult to prove that they were intending to do something false or fraudulent, as opposed to just creating backup slates,” Ringhand said. “That evidence may look different with these people who are the very high-level organizers of the kind of nationwide effort to create these slates in order to perpetuate this narrative or create challenges or confusion on the House floor.” 

The case in Georgia, which included Trump as a defendant, was marred by scandal as Fulton County District Attorney Fani Willis was ultimately disqualified after news surfaced that she had a romantic relationship with a member of her prosecution team. That slowed the legal process, Ringhand said, and the new prosecutor saw challenges in the time delays and potentially prosecuting a sitting president. 

While Wisconsin’s case hasn’t faced these obstacles, some could surface in the future, said Jeff Mandell, general counsel and co-founder of Law Forward. The organization filed a civil case against the state’s false electors, which was settled in 2023

A person stands at a wooden podium holding a pen while another person sits beside a microphone, with rows of seated people blurred in the background.
Assistant Attorney General Adrienne Blais, left, and Assistant Attorney General Jacob Corr, right, represent the state of Wisconsin as Jim Troupis, a GOP attorney and former judge, makes his initial appearance in court Dec. 12, 2024, at the Dane County Courthouse in Madison, Wis. (Joe Timmerman / Wisconsin Watch)

Mandell pointed out that it’s already taken the state a year and a half to just reach a preliminary hearing. The defendants this year have sought multiple times to dismiss the charges. Troupis, a former Dane County judge, last week requested all Dane County judges be prohibited from overseeing the case “to avoid the appearance of bias or impropriety.” Additionally, the Associated Press reported Friday that Wisconsin U.S. Sen. Ron Johnson asked the U.S. Department of Justice to investigate allegations from Troupis that the judge overseeing his case is guilty of misconduct.

More efforts to delay and “throw sand in the gears” could show up as the Wisconsin case advances, Mandell said.

“It wouldn’t surprise me in the least if one of the things the defendants have in mind is trying to make sure they don’t go to trial until after the 2026 election,” Mandell said. “Maybe they think there’s going to be a new attorney general who will drop the charge.”

Kaul is seeking reelection as attorney general next year. Fond du Lac County District Attorney Eric Toney, a Republican who ran against Kaul in 2022, announced in October his plan to challenge Kaul again in 2026. 

Trump in November pardoned those involved in efforts to overturn the 2020 election results, including the three from Wisconsin still facing prosecution, but that action only protects those people from federal prosecutions.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Wisconsin prosecution of 2020 fake elector scheme moves ahead as other state efforts falter 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.

A century after pioneering work release, Wisconsin corrections officials don’t track how many prisoners participate

15 December 2025 at 12:00
An illustration includes handwritten and printed pages labeled with addresses and dates, an orange background with "THIS LETTER HAS BEEN MAILED FROM THE WISCONSIN PRISON SYSTEM" in red letters, and an aerial image of a facility.
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  • Prisoners say there aren’t nearly enough work release jobs to go around, and officials at the Department of Corrections say they’re not keeping count.
  • Several neighboring states routinely track how many people have work release jobs or are eligible for them.
  • One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have work release jobs.
  • Officials at the Wisconsin Department of Corrections say not everyone who is eligible for work release wants to work. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time.

Most of the jobs available to Wisconsin prisoners are paid not in dollars, but cents. Minimum wage laws don’t apply behind bars, so some people scrub toilets for less than a quarter an hour.

But one type of job lets people leave prison for the day to earn the same wages as anyone else.

Wisconsin was the first state to offer this opportunity, known as work release. The century-old program matches the lowest-risk prisoners with approved employers, who are required by law to pay them as much as any other worker. In some cases, that’s more than $15 an hour. 

Through those jobs, prisoners boost their resumes, pay court costs and save up for their release. Employers find needed workers. And taxpayers save money, since work release participants must pay room and board. 

Ten of the state’s 16 minimum-security correctional centers are dedicated to work release. But prisoners at those facilities say there aren’t nearly enough of those jobs to go around, and officials at the Department of Corrections say they’re not keeping count.

A concrete sign reading "Sturtevant Transitional Facility" stands beside two flagpoles and a row of trees along a grassy area.
Sturtevant Transitional Facility is shown Oct. 2, 2025, in Sturtevant, Wis. It includes a minimum-security unit focused on work/study release, which includes matching lowest-risk prisoners with approved employers. (Jonathan Aguilar / Milwaukee Neighborhood News Service / CatchLight Local)

One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have such work release jobs. Prisoners routinely wait many months for the opportunity, he said, and many never get it at all. 

“Having that money saved up to, say, get an apartment or get furniture, or even money for transportation?” said Ben Kingsley, 47, who wrote to Wisconsin Watch in August from Winnebago Correctional Center, a work release center in Oshkosh. “These guys know what’s at stake … They want to go out to work.” 

Only prison officials can add more positions, and he questions whether they’re trying. This summer, he began lobbying prison officials and lawmakers to expand the opportunity.

“The DOC/State employees are doing the bare minimum in trying to put more people out to work,” he wrote to legislators in October.

Work release jobs are scarce, prisoners say

To qualify for work release in Wisconsin, a prisoner must be classified in the lowest custody level (“community custody”) and have permission from prison officials. In some states, eligible prisoners search for jobs on their own and can work in any role that meets Department of Corrections standards. In Iowa, for example, work release participants are barred from bartending or working in massage parlors. 

In Wisconsin, prison officials hold the cards. Here, people approved for work release can work only for one of the Department of Corrections’ partner employers.

“Placements cannot be guaranteed for all eligible inmates,” reads Winnebago Correctional Center’s official webpage. “Work release and offsite opportunities are a privilege, not a right, and are provided at the discretion of the center superintendent and warden.”

About 70% of eligible people incarcerated at Winnebago don’t have work release jobs, Kingsley estimates. 

Kingsley, who hopes to qualify for work release after his custody status is reevaluated next year, said he began advocating for more jobs after hearing from eligible prisoners waiting to be “put out to work.”

To find out how many people were working, he asked prisoners who work as drivers, shuttling work release participants to and from their jobs. 

Of the 295 people incarcerated at Winnebago at the end of October, 224 had the lowest custody status, which is required for work release, according to the Department of Corrections. By Kingsley’s calculations, just 67 have work release jobs. That’s less than one in three. 

“Oh gosh, it’s a huge concern,” Kingsley said.

Officials offer explanations. Not everyone who’s eligible wants a work release job, said Department of Corrections spokesperson Beth Hardtke. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time. And those who seek work release must first work at least 90 days in a prison job, followed by a stint on a “project crew” supervised by Corrections staff, before getting permission from the warden or superintendent.

“The capacity of the work release program is not just about the number of jobs available,” Hardtke said when asked whether the department is looking to add more jobs. “The program must be limited to the number of individuals that DOC staff can safely support and in settings where we can safely support them.” As Wisconsin Watch has previously reported, the Department of Corrections has been plagued by crippling staff shortages in recent years.

Additionally, Hardtke said, some can’t do manual labor. “Some individuals may not meet the employer requirements or standards, and some individuals may not have the level of training or skills necessary to complete certain tasks or jobs … As the prison population ages, some individuals may not be able to succeed in those types of work or have an interest in doing work that can have a physical toll.”

Officials and prisoners tout benefits

A person in a formal jacket is shown in a black-and-white side profile with short swept-back hair against a dark background.
Progressive Republican lawmaker Henry Allen Huber as shown in the Wisconsin Blue Book. His “Huber Law” created work release opportunities at county jails.

Work release got its start in 1913 when the Huber Law, named for Progressive Republican lawmaker Henry Allen Huber, created the opportunity at Wisconsin’s county jails. It later spread to state prisons and to nearly every state in the country. 

More than a century later, Wisconsin prison leaders continue to extol the virtues of letting people leave prison and return at the end of their shifts.

“Work release gives the men and women in our care the opportunity to feel like they belong to something, to feel like they’re part of a positive contribution to the community, to feel like they belong in the workplace,” said Sarah Cooper, then-administrator of the Division of Adult Institutions, at a virtual presentation for prospective employers in 2022.

Research suggests people who participate in work release programs are less likely to return to prison. A study of former prisoners in Illinois from 2016 to 2021 found those who had held work release jobs were about 15% less likely to be rearrested and 37% less likely to be reincarcerated.  

“Work release really is a significant part of keeping our community safe,” Cooper said.

Work release also offsets some of the taxpayer costs of imprisonment. Each participating prisoner must pay $750 a month for room and board, about 20% of the roughly $3,650 a month the state pays to incarcerate each prisoner in the minimum-security system. They must also use their wages to make any legally mandated payments, including child support and victim restitution.

In 2010, for example, 1,726 work release prisoners collectively paid more than $2 million in room, board and travel costs; more than $320,000 in child support and more than $350,000 in court-ordered payments, according to a department report

Work release jobs aren’t without controversy. In Alabama, a 2024 investigation by the Associated Press revealed prisoners were being pressured to work and faced retribution if they refused. Some were denied parole, despite working for years in fast-food restaurants and other jobs in the community. Critics argue the program is a modern version of the post-Civil War practice of convict leasing, in which prisons rented incarcerated people out for forced labor. 

In many states, including Wisconsin, work release participants aren’t classified as employees and don’t have all the same workplace rights. But advocates for incarcerated workers told the AP that many people behind bars want to work and that eliminating the program would only hurt them.

For men in Wisconsin prisons, work release jobs are usually in manufacturing. For women, there are jobs in food service or cosmetology too. They’re “low-level, intensive labor jobs,” Kingsley said, but people are eager for the chance to start saving, especially since a criminal record and gaps in work history could make it tough to find work when they get out. 

“When you get locked up, you lose everything,” Kingsley said. “You lose all your possessions, your … credit score goes down, all your bills go unpaid … The benefit (of working) far outweighs the negatives.” 

No statewide data available

How many prisoners participate in work release statewide? Corrections officials don’t consistently keep track, Hardtke said. 

A newspaper clipping shows a headline reading "Let Prisoners Harvest Apples, Door-Co. Plea" with columns of text and a small portrait of a person in the center of the article.
An Oct. 7, 1965, Green Bay Press-Gazette story, written shortly before the Wisconsin Senate ultimately approved legislation to allow prisoners to work in a delayed apple harvest.

The department’s public data dashboards show prisoner demographics, recidivism rates and enrollment in educational or treatment programs, among other things. Employment numbers are not included.

Prison staff record each prisoner’s jobs and privileges in the person’s individual file but don’t routinely gather that data across the system, Hardtke said.

“What’s important from a correctional standpoint is that you know where everybody is,” Hardtke said, adding that such jobs data “would need to be compiled from multiple sources.” 

The latest numbers Wisconsin Watch could find are from 2024. Responding to a Legislative Fiscal Bureau request for a report on state prisons, the department’s research team manually calculated that 781 people had work release jobs in July 2024, Hardtke said.

Asked for a current figure, Hardtke said “that number is not something we have readily available nor is it something you could accurately pull from a single source or document.”

Officials also don’t track how many people are eligible for work release. As of Oct. 31, 2,778 Wisconsin prisoners were at the department’s lowest custody level.

Several neighboring states routinely track how many people have work release jobs or are eligible for them. Of the 11 other Midwestern states Wisconsin Watch asked, seven responded. 

  • Four said they track the number of participants but not the number of people eligible: Minnesota (186), Missouri (202), North Dakota (13) and South Dakota (183).
  • Iowa officials said they track eligibility (418) but don’t track how many people have work release jobs.
  • Nebraska officials said they track both: 378 were eligible, and 374 were working.
  • Officials in Michigan said they don’t offer work release.

Prisoner pushes for more jobs

In July, Kingsley wrote to Warden Clinton Bryant, who oversees the men’s minimum-security centers, asking him to add 100 more work release jobs. 

“By writing you first, I hope that changes can be made. Changes that not only benefit the guys here or at other centers, but also the DOC and the state as a whole,” Kingsley wrote. Adding those jobs would generate $75,000 a month in room and board payments, along with state taxes, he wrote. 

Bryant responded that Winnebago Correctional Center “collaborates with community employers on a daily basis” and that prison officials can’t require employers to hire anyone. 

Jobs aren’t particularly hard to find near Winnebago Correctional Center. Like the rest of the state, Winnebago County faces a growing worker shortage as baby boomers retire. Prisoners aside, the share of the county’s population that’s working or actively looking for work has fallen 7.4% since 2000, according to the Department of Workforce Development. 

Winnebago County’s unemployment rate — which excludes people in prison — was among the lowest in the state in 2024, according to DWD data. 

Wisconsin’s labor market has softened since last year but remains strong, said Dave Shaw, a regional director of the Department of Workforce Development’s Bureau of Job Service, which manages the state website that matches employers and job seekers. 

“It’s still fairly easy to find work, and there are a lot of jobs out there,” Shaw said.

It can be harder to find a job with a criminal record, but Shaw said his team works with a variety of companies that are “interested in giving individuals a second chance” to get back in the workforce. 

“There are employers all around the state who are willing to do that,” Shaw said, noting that the state offers tax credits and free insurance to employers who hire people with criminal records.

When Kingsley contacted Bryant again, urging the department to establish minimum job placement rates for work release centers, the warden ended the conversation.

“My office addressed these matters and provided you a response,” Bryant wrote. “No further correspondence on these matters will be addressed by my office.” 

So Kingsley took the issue to the State Capitol. In May, Republican lawmakers introduced legislation that would give bonuses to probation and parole officers who increase the employment rate among the people they supervise. Kingsley asked them to do the same for work release centers. 

All of the bill’s authors and cosponsors either declined Wisconsin Watch’s request for comment or did not respond. 

As of publication of this story, Kingsley has yet to receive a reply.

Help Wisconsin Watch report on work release

Have you served time and qualified for work release? Or do you know someone who has? We’d like to hear about your time working or waiting for work. We’re also looking for any other story ideas about jobs and education behind bars. And we’d like to hear perspectives from those who have hired people with criminal records. Click here to fill out a short form. Your answers will not be published without your permission. 

Natalie Yahr reports on pathways to success statewide for Wisconsin Watch, working in partnership with Open Campus. Email her at nyahr@wisconsinwatch.org.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

A century after pioneering work release, Wisconsin corrections officials don’t track how many prisoners participate 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.

Wisconsin Elections Commission refuses to send Justice Department unredacted voter list

12 December 2025 at 18:00
People stand at blue voting booths in a large indoor space as a person sits at a table in the background near signs reading "VOTE."
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The Wisconsin Elections Commission on Thursday declined to send the state’s unredacted voter rolls to the federal government, joining more than a dozen states pushing back against disclosing sensitive voter information.

The commission’s move comes as the U.S. Department of Justice has asked all 50 states for their voter files — massive lists containing significant personal information on every voter in the country — claiming they are central to its mission of enforcing election law. 

“The U.S. DOJ is simply asking the commission to do something that the commission is explicitly forbidden by Wisconsin law to do,” said Don Millis, a Republican appointee on the Wisconsin Elections Commission. “There’s a clear consensus that personally identifiable information is to be protected.”

While pieces of these lists are public, election officials typically redact voters’ Social Security numbers, driver’s license information and dates of birth before issuing them in response to records requests. The DOJ, in many cases, has asked for information not traditionally made public. That was also the case in Wisconsin: The DOJ requested voters’ partial Social Security numbers, license numbers and dates of birth. 

The Wisconsin Elections Commission — which is made up of three Democrats and three Republicans — ultimately voted in closed session to send the DOJ a letter declining the request for unredacted voter information. Republican commissioner Bob Spindell appeared to be the only member in favor of cooperating with the federal government and said Wisconsin will likely face a lawsuit as a result of the commission’s choice. 

The letter, signed by every commissioner except Spindell, says state law “explicitly prohibits” sending the unredacted voter list.

Officials in both Democratic and Republican states have pushed back on disclosing their voter rolls in response to these requests. On a podcast with conservative talk radio host Joe Pags, Assistant U.S. Attorney General Harmeet Dhillon said these states were refusing to cooperate because they were embarrassed that their voter rolls were not sufficiently cleared of inactive or unlawful registrants. 

Rather, many states, like Colorado, have said the federal government isn’t entitled to unredacted voter information that could put voters at risk. The DOJ, they say, has not provided sufficient explanation for how the data will be used.

In early December, after receiving a memorandum of understanding similar to the one sent to Wisconsin, Colorado Secretary of State Jena Griswold told the DOJ to “take a hike,” adding that she “will not help Donald Trump undermine our elections.” The DOJ sued Griswold just over a week later.

All 50 states were asked to turn over their voting rolls, Dhillon said on the podcast: Four states have voluntarily cooperated, 12 are in negotiations, and 14 have been sued by the DOJ over their refusal.

Wisconsin election officials have repeatedly said that federal officials can obtain the publicly available, and therefore redacted, voter roll the same way anybody else can: by purchasing it online for $12,500.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Elections Commission refuses to send Justice Department unredacted voter list 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.

Wisconsin clerks hope new law can alleviate statewide election official shortage

10 December 2025 at 16:15
A man in a blue sports jersey, baseball cap and glasses, sits at a "voter check in" table and points as a line of voters waits. Voting stations — marked by white dividers labeled "vote" — are in the background.
Reading Time: 4 minutes

Wisconsin clerks say two decisions on legislation this week — a new law expanding towns’ ability to hire clerks and a veto that blocks broader standing to sue election officials — will help ease mounting pressure on local election offices, which have faced record turnover and increasing legal threats.

The new law allows small towns to more easily hire clerks who live outside of municipal limits, a change clerks say is urgently needed as finding small-town clerks has become harder in recent years amid increased scrutiny, new laws and ever-evolving rules. As the new law moved through the Legislature, some small towns ran elections with no clerks at all.

“There are lots of townships that will benefit from this,” said Marathon County Clerk Kim Trueblood, a Republican. “It’s going to help tremendously.”

In the past, towns with fewer than 2,500 residents had to hold a referendum to authorize appointing clerks instead of electing them. That took time, and the election requirement restricted who could serve, since elected clerks — unlike appointed clerks — must live within municipal boundaries.

The new law allows towns to switch to appointing clerks after a vote at a town meeting.

It also eliminates another hurdle: In the past, even if a town approved the switch, it couldn’t take effect until the end of a term. The law lets towns make the change immediately if the clerk position is vacant or becomes vacant. 

That could be critical: Between 2020 and 2024, more than 700 of Wisconsin’s municipal clerks left their posts, the highest churn in the nation, according to the Bipartisan Policy Center. Trueblood said this proposal won’t be a complete fix to the clerk shortage but will go a long way toward easing it by allowing municipalities to recruit more broadly.

Likely beneficiaries of the new law include the town of Wausau, whose longtime clerk retired late last year. Town supervisors then appointed a town resident, who quit after two weeks, forcing supervisors to collectively assume the clerk’s duties for the April election. 

In that election, the town put forth a referendum to permanently switch to appointing clerks, but voters rejected it by a narrow margin — something that Town Supervisor Sharon Hunter said was a matter of people not understanding why the measure was critical. The town also elected a clerk, but that same clerk quit in September and the town is once again without a clerk.

“There’s just a lot of different responsibilities,” Hunter said. “And I don’t think people realize that it’s not like in the olden days.”

Hunter added that she’s “very excited” about the new law.

“Elections are coming,” she said, “so we really need to find someone very quickly.”

Veto maintains high bar to appealing complaints 

Clerks also welcomed Evers’ Friday veto of a bill that would have made it easier to sue election officials by expanding who has standing to appeal Wisconsin Elections Commission decisions in court.

The Democratic governor’s veto preserves a Wisconsin Supreme Court decision issued earlier this year that limits who can appeal WEC decisions to those who “suffer an injury to a legally recognized interest.” Republicans wrote the bill to expand standing to any eligible voters who file a complaint, regardless of whether they suffered harm — a change clerks warned would overwhelm election offices and the courts.

In his veto message, Evers echoed clerks’ concerns, saying the proposal would “open the floodgates to frivolous lawsuits that not only burden our courts, but our election systems as well.”

But Republicans said that despite clerks’ objections, the veto will make it difficult or even impossible to hold election officials accountable for breaking the law.

State Sen. Van Wanggaard, the Republican who wrote the bill, said it could stop a variety of complaints from going to court. 

“The little guy gets screwed again,” he said in a statement. “This veto makes WEC an unanswerable body whose judgment can never be questioned by anyone.”

In the past, many lawsuits against clerks and other election officials began as administrative complaints filed with WEC before being appealed to court. Filing a complaint with the agency is the legally required first step for most election-related challenges, unless they are brought by district attorneys or the attorney general.

Democrats and liberals have filed complaints over concerns about towns that switched to hand-counting ballots and alleged inaccuracies on candidate nomination forms. Republicans and conservatives have filed complaints over allegedly being denied poll worker positions. Other complaints have involved allegations that clerks refused to accept ballots at polling places and unproven accusations of ballot tampering.

The Wisconsin Supreme Court decision that prompted the bill halted a lawsuit that challenged the legality of a mobile voting van in Racine. The court did not settle the underlying issue,  instead dismissing the case because the liberals who hold a majority on the court determined the plaintiff had no standing.

Given the veto, that situation could recur, with legal questions about elections being left open because cases seeking to resolve them are ultimately dismissed over standing.

At the federal level, the U.S. Supreme Court earlier this year heard oral arguments in an Illinois case over the legal standard political candidates must meet to challenge state election laws. A decision is pending.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin clerks hope new law can alleviate statewide election official shortage 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.

As fundraising email shows, line between nonpartisan and partisan Wisconsin elections continues to erode

A person seated at a desk near a microphone with hands raised near nameplates reading "Representative Taylor" and "Representative Rohrkaste" and a small yellow rubber duck in front.
Reading Time: 3 minutes

A November fundraising email paid for and sent by Milwaukee County Executive David Crowley’s Democratic campaign for governor included a message signed by “Team Taylor,” the campaign of Appeals Court Judge Chris Taylor, who is running in the nonpartisan April race for the Wisconsin Supreme Court. 

The note describes the power the next governor will have and how the court can be a “check” on the person in that office. It ends with an appeal: “Will you split a contribution of $10 between our campaign and David Crowley to help elect Judge Chris Taylor and protect a fair, independent Wisconsin Supreme Court?”

The fundraising message is one of potentially thousands of emails Wisconsinites may receive from campaigns seeking donations ahead of pivotal elections next year. But it also raises questions about why asks from nonpartisan campaigns can appear in a partisan candidate’s fundraising materials and whether a message, like the one from Crowley’s campaign featuring  Taylor’s team, can seem like an endorsement.

Taylor has not, in fact, endorsed Crowley, who is running in a crowded Democratic primary field for governor next August. Crowley has endorsed Taylor, a liberal who is running against conservative Appeals Court Judge Maria Lazar in the April election. 

A person wearing round glasses smiles while standing in soft light.
Milwaukee County Executive David Crowley speaks during the Wisconsin Democratic Convention at the Chula Vista Resort in Wisconsin Dells, Wis., on June 14, 2025. (Patricio Crooker for Wisconsin Watch)

Though the joint fundraising belies Wisconsin’s nonpartisan-in-name — though increasingly partisan-in-practice — Supreme Court elections, the communication doesn’t raise ethical or legal issues, experts told Wisconsin Watch. Additionally, a fundraising email like this is not unusual in the context of Wisconsin’s recent Supreme Court elections, said Howard Schweber, a professor emeritus of political science and legal studies at the University of Wisconsin-Madison.

In fact, Wisconsin’s main political parties were the top donors to the campaigns of the liberal and conservative candidates in the record-breaking 2025 Supreme Court race, with Democrats giving $11.75 million to now-Justice Susan Crawford’s campaign and Republicans sending $9.76 million to the campaign of former Attorney General Brad Schimel.  

“This is just yet another data point, number 115, demonstrating that these are, in fact, partisan campaigns run … at least in some cases, by candidates who present themselves as representatives of a party,” Schweber said.

Since its founding, Wisconsin has tried to keep judicial races nonpartisan. Justices are supposed to interpret the law and constitution like a referee, not side with one team or the other. But over the past 20 years, as hot-button political issues have come before the court and spending from political interest groups has reached astronomical heights, that tradition has eroded.

Taylor and Lazar are the likely candidates in the court race in April and are on completely opposite ends of the political spectrum. Taylor is a former Dane County judge who served as a Democrat in the state Assembly and was a policy director for Planned Parenthood of Wisconsin. Lazar is a former Waukesha County judge who was an assistant attorney general under a Republican administration.

Wisconsin prohibits judges and judicial candidates from endorsing partisan political candidates or directly soliciting campaign donations. During the 2025 Wisconsin Supreme Court race, the Wisconsin Democracy Campaign filed an ethics complaint against Schimel after reports that he joked about buying knee pads to ask for campaign donations. 

The message sent by the Crowley campaign is a different scenario, as the text is signed by “Team Taylor,” not Taylor herself. Taylor has not endorsed any political candidates or directly solicited donations in her campaign for the Supreme Court, Sam Roecker, a spokesperson for Taylor’s campaign, told Wisconsin Watch.  

Messages Taylor’s campaign sends to its list of email subscribers can be shared by other political campaigns with their own fundraising lists, such as in the case of the Crowley email. 

“Other campaigns, regardless of party, who believe in electing a justice who will protect our fundamental rights and freedoms, are welcome to amplify our messages to their supporters,” said Roecker, the Taylor spokesperson. 

It’s not clear whether other Democrats running for governor may have shared fundraising messages from the Taylor campaign. Only Rep. Francesca Hong, D-Madison, responded to questions from Wisconsin Watch with a simple “nope.”

Lazar’s campaign has not sent fundraising messages with candidates running for partisan offices, a spokesperson said. 

Ahead of the 2025 court race, U.S. Rep. Tom Tiffany in a campaign email promoted Schimel’s candidacy. But the message was signed by Tiffany rather than anyone connected to Schimel’s campaign.

A spokesperson for Crowley’s campaign said Democrats believe it’s “critical” to elect Taylor to the high court — which was the reasoning behind the campaign message.

“The Crowley campaign sent a fundraising email to support her campaign and highlight the importance of this race, recognizing the natural overlap between the two candidates,” the spokesperson said. 

Political activities during a Wisconsin Supreme Court campaign can resurface once a candidate is elected. Earlier this year, Crawford was criticized for attending a briefing with Democratic donors with a discussion on putting two of Wisconsin’s U.S. House seats “in play.” 

In November the justice denied a request from Wisconsin’s Republican congressmen that she recuse herself from cases challenging the state’s congressional maps based on attending that meeting.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

As fundraising email shows, line between nonpartisan and partisan Wisconsin elections continues to erode 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.

Foxconn, Trump’s ‘America first’ factory, is moving to AI. It’s giving lawmakers some pause.

5 December 2025 at 19:25
Big building under construction with cranes and an American flag in foreground
Reading Time: 3 minutes

A Wisconsin plant that President Donald Trump and Republicans championed during his first administration as the “8th Wonder of the World” is set to venture into building data centers with a new $569 million investment.

But members of Congress said the state should first address serious concerns from constituents about manufacturers’ energy and water use, which could strain existing infrastructure and leave consumers footing the bill.

“The average Wisconsinite should not have to subsidize the power or water for a commercial entity,” Republican Rep. Derrick Van Orden said.

Foxconn, a Taiwanese company and one of the world’s largest electronics manufacturers, says it will create nearly 1,400 jobs in Racine County over the next four years, in exchange for up to $96 million in total performance-based tax credits. It’s the second amendment to the company’s contract with the Wisconsin Economic Development Corp. after Foxconn dramatically rolled back its initial plan, proposed in 2017, to invest $10 billion and create as many as 13,000 jobs.

Foxconn had invested nearly $717 million by the end of last year, according to WEDC.

The company’s original multibillion-dollar deal with Wisconsin was heralded as an “America first” achievement, complete with a White House rollout attended by former Speaker Paul Ryan and former Republican Gov. Scott Walker.

“The construction of this facility represents the return of LCD electronics and electronics manufacturing to the United States,” Trump said at the announcement in 2017.

However, Foxconn’s new investment will take Wisconsin — where Meta and Microsoft in the last several months have announced deals to build data centers — further into the AI economy.

Five days before Foxconn pledged new investments in Wisconsin in November, OpenAI announced it would “share insight into emerging hardware needs across the AI industry to help inform Foxconn’s design and development efforts for hardware to be manufactured at Foxconn’s U.S. facilities.”

Democratic Rep. Mark Pocan, whose district includes 11 Madison-based data centers, said the state’s growing data sector should be a wake-up call to the Republican-led Congress.

“All the more reason Congress should get its act together because we need to do the proper regulation that’s good on all fronts related to AI, and I feel like we’re not even crawling at this point,” Pocan said.

The House reconciliation bill included a provision to halt AI regulation by states for 10 years, but the Senate cut the language.

The question of who will pay for the new data centers’ anticipated energy and water consumption is becoming a major concern for lawmakers and constituents alike.

“I think if you’re going to have this data center, you are either going to — business is not going to like this — you’re either going to help pay for those utility rates (that) are rising, or you’re going to self-power,” Van Orden said.

Some Wisconsin residents have spoken out against data centers’ environmental impacts, including at small protests in seven cities across the state in the first week of December.

Just two major data centers slated for development alone, including the Microsoft project, would require the energy of 4.3 million homes, according to Clean Wisconsin, an advocacy organization that has criticized rising resource demands from the state’s data centers.

“The issue is we only have 2.8 million homes in Wisconsin,” said Amy Barrilleaux, a spokesperson for the organization.

Sen. Ron Johnson, R-Wis., said that although the energy and water demands of data centers are ultimately a local permitting issue, constituents’ concerns are very real.

“I’d be concerned about that, as well,” Johnson said.

A petition to pause approvals of AI data centers until these issues are resolved got nearly 3,000 signatures since last week, Barrilleaux said, calling it a sign of the growing “frustration” from Wisconsinites over the state’s lack of transparency about how the centers will affect the energy system.

“If you’re in Wisconsin right now and probably a lot of states, you hear about a new AI data center development every couple of weeks. So it feels overwhelming,” Barrilleaux said. “It’s not just what’s happening on that Foxconn site.”

Sen. Tammy Baldwin, D-Wis., pointed to public input processes taking place in local government.

“I want my constituents to get their questions answered before these projects move ahead,” Baldwin told NOTUS.

Reps. Glenn Grothman and Tony Wied declined to comment on the Foxconn plant. A spokesperson for Rep. Bryan Steil, whose district includes Racine County, did not immediately return a request for comment Thursday.

This story was produced and originally published by Wisconsin Watch and NOTUS, a publication from the nonprofit, nonpartisan Allbritton Journalism Institute.

Foxconn, Trump’s ‘America first’ factory, is moving to AI. It’s giving lawmakers some pause. 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.

Privacy concerns linger in reproductive health care despite HIPAA lawsuit’s dismissal

5 December 2025 at 11:00
A Biden-era protection for reproductive and gender affirming health care information was upended by a federal judge in Texas in June. Despite several lawsuits, key privacy rules for medical records remain, but some experts say they aren’t sufficient. (Photo by Dave Whitney / Getty Images)

A Biden-era protection for reproductive and gender affirming health care information was upended by a federal judge in Texas in June. Despite several lawsuits, key privacy rules for medical records remain, but some experts say they aren’t sufficient. (Photo by Dave Whitney / Getty Images)

The four lawsuits at the center of a Republican-led effort to ensure law enforcement can access reproductive health records are now mostly resolved, after attorneys for Texas Attorney General Ken Paxton agreed last week to dismiss the last remaining suit challenging the legality of a foundational health privacy rule.

Paxton filed the lawsuit in September 2024 arguing that Democratic President Joe Biden’s administration illegally created a rule under the Health Insurance Portability and Accountability Act barring certain reproductive health care information from being disclosed if a procedure such as abortion was obtained in a state where it is legal.

The federal HIPAA law is meant to protect patient information generally, especially when that information travels between providers. It contains exceptions for information that can be disclosed to investigators, who can subpoena records from other states. 

Ashley Kurzweil, senior policy analyst for reproductive health and rights at the National Partnership for Women & Families, said the dual threat that Paxton’s lawsuit presented was alarming on a much wider scale than just reproductive health care, so it is a relief that the case is dismissed. Overturning key privacy protections from 2000 that formed the basis of the Biden-era rule could have thrown the entire health care system into chaos, she said.

“We are thrilled that the 2000 privacy rule is still in effect. It is hugely important that it is still in place,” Kurzweil said. “However, (it) provides insufficient safeguards for reproductive health care information when it comes to the broader landscape of increased criminalization risk that people are facing.”

The 2024 rule specifically relating to reproductive and gender-affirming health care information was nullified in June by U.S. District Judge Matthew Kacsmaryk. His ruling came in a Texas-based case filed by a clinician in a small town who said the rule created a conflict with her responsibility to report child abuse, because she considers abortion and gender-affirming health care to be child abuse.

Without those 2024 protections, doctors can choose whether to report patients to law enforcement, Kurzeil said, and some might also be discouraged from offering reproductive health care altogether to minimize legal risks.  

States Newsroom reported more than 400 people were charged with pregnancy-related crimes in the two years after the U.S. Supreme Court’s Dobbs decision, according to data from the nonprofit Pregnancy Justice. 

One of those people was Brittany Watts, an Ohio woman who went to the hospital with miscarriage complications and waited for hours without receiving help. After miscarrying at home and returning to the hospital, staff called the police, accusing her of abuse of a corpse. A grand jury declined to indict her, and Watts is now suing the hospital

In nine of the 400 cases, pregnant people were accused of researching or attempting to obtain an abortion.

Advocacy group dropped effort to appeal Texas ruling

The case before Kacsmaryk is the only one of the four that resulted in a ruling. Although it was filed in the last few months of the Biden administration, the bulk of the case was litigated under Republican President Donald Trump’s Department of Justice.

Repealing the rule was a directive in Project 2025, the conservative blueprint published by the Heritage Foundation. Several prominent anti-abortion organizations were part of the panel that drafted Project 2025, and many of the people involved in writing the 900-page document now work for the Trump administration.

Democracy Forward, a nonprofit legal organization, represented Doctors for America and the cities of Columbus, Ohio, and Madison, Wisconsin, in an attempt to intervene in the case because they did not expect the government to defend the rule. If they were allowed to intervene, they could appeal Kacsmaryk’s opinion striking down the rule regardless of the Trump administration’s decision.

Their attempts were denied by Kacsmaryk, and while the organization did initially appeal that decision, the attorneys dropped the effort in September, saying in a court filing that “the resources of the parties and the courts would be best conserved by dismissing this appeal.”

In a statement to States Newsroom, a spokesperson for Democracy Forward said they will continue to pursue every tool available to defend reproductive rights from political interference and anti-abortion extremists.

The other two cases are in Missouri and Tennessee, where Republican attorneys general also challenged the 2024 reproductive health care-specific rule. The Missouri case was dismissed in September, because Kacsmaryk’s decision had a nationwide effect, and the Tennessee attorney general asked the court to dismiss their case for the same reason. The judge in that case has not yet granted the motion.

map visualization

Shield laws help, but federal backstop would address more situations

Texas and Louisiana have recently launched investigations into out-of-state doctors who, through telehealth, prescribed and mailed abortion medication to patients in their states where abortion is outlawed.

Texas officials have repeatedly investigated and attempted to prosecute people for either leaving the state to seek abortion care or for prescribing abortion medication from a different state. At the end of October, a New York judge dismissed a civil case brought by Paxton seeking $100,000 in damages from a provider the AG said prescribed abortion pills to a woman in the Dallas area, according to The Texas Tribune. Officials in Louisiana attempted to extradite the same New York doctor on criminal charges related to an abortion medication prescription for a pregnant minor. That case was also rejected.

Those attempts were some of the first that tested shield laws implemented by 18 states, including New York. Four others have executive orders from Democratic governors saying they won’t comply with extradition requests for investigations into reproductive health care.

Texas has also passed a law allowing people to seek at least $100,000 in damages if someone they impregnated or someone they’re related to received abortion pills by mail from another state. That law took effect Thursday, Dec. 4.

Kurzweil said those shield laws are a vital help to patients seeking care, but the addition of a federal protective rule would be ideal.

“The two in tandem would be much more fulsome and would address gaps that come up,” she said.

This story was originally produced by News From The States, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

As living costs soar, tax relief shrinks for low-income Wisconsin residents

1 December 2025 at 12:00
A house illustrated as a large calculator displays “$488.28” above oversized buttons, with a door at the bottom and leafless trees on both sides.
Reading Time: 4 minutes

Edith Butler is dealing with a real-world math problem: Her housing costs keep rising while a tax credit intended to help keeps shrinking. 

The widow and retired nurse, 68, lives by herself in a two-bedroom Eau Claire home. She paid $9,000 in rent over the course of last year, eating up more than 60% of her Social Security paycheck — her primary source of income. Her utility costs are also expected to hike next year.

She received $708 last year from claiming a homestead tax credit, which is meant to help lower-income homeowners and renters recoup some property tax costs. That was down from the $900 credit she received five years ago after paying just $6,600 in rent. 

In the past, the homestead credit has paid to fill her propane tank for about three months during winter and offset some other costs. But it’s dwindling each year because the state rarely updates eligibility guidelines and credit calculations for inflation. Butler’s credit shrinks whenever the federal government increases her Social Security payment to account for the rising costs of living

She’s not alone. Statewide homestead credit claims dropped from an average of $523 per recipient in 2013 to $486 in 2025, with thousands fewer claimants as fewer people remained eligible.

“These things have never adjusted. But we’ve paid into these programs all our lives. I paid taxes for 50 years, (and) my Social Security is my benefit that I paid in,” Butler said. “You work hard and you pay into programs, and then when you need them in your older years like this, they’re not there for you.”

The Legislature has not substantially updated the homestead credit for 25 years, causing its value to erode. Recent Democratic proposals to update program guidelines have failed to gain Republican support.  

A tax credit’s history

An AP story on the homestead tax credit as published in The Sheboygan Press, Jan. 20, 1966.

By the 1960s, many in Wisconsin acknowledged the regressive nature of property taxes — that lower-income residents pay higher shares of their income than richer households do,  John Stark, then-Assistant Chief Counsel in the Legislative Reference Bureau, wrote in a 1991 history of property tax relief in Wisconsin. But the state Constitution’s “uniformity clause” restricted what type of tax relief lawmakers can enact. 

Against that backdrop, a State Commission on Aging in 1962 held hearings around the state in which older adults expressed concerns about health care and property taxes. The Legislature responded in 1963 with the homestead credit. Residents 65 and older could claim up to $225 (the equivalent of $2,380 today), with the precise calculation based on income, property taxes paid through ownership or rent.

The Legislature expanded eligibility over the years, notably in 1973, when it lowered the age minimum to 18. That dramatically boosted total claimants and payouts. By 1988, more than 250,000 people received a collective $100 million (roughly $270 million today) in credits.

The trend has since reversed. 

Fewer than 67,000 residents claimed a collective $32.6 million in credits last year — a precipitous plunge, Department of Revenue data show.

The program’s income cap today — $24,680 — has barely budged since 2000. The nearly identical cap of $24,500 in 2000 is the equivalent of $45,812 today when adjusted for inflation.

Meanwhile, the program’s “phaseout income” of $8,060, under which homeowners or renters can recoup the maximum 80% of property taxes paid, has increased by only $60 since the 1989 tax year.

Today’s maximum credit a household can claim ($1,168) is just $8 higher than the 1990 level.

Diane Hanson, Butler’s tax agent, said her clients are receiving smaller credits each year or becoming ineligible as inflation pushes wages or Social Security payments above the static income limit. 

Still, Hanson suspects many who remain eligible don’t realize it.

The homestead credit helped Hanson through her most challenging times. After learning about it at her local library, she claimed the credit for several years while raising her two children during a divorce, one of them with disabilities. 

After becoming a tax agent in 2019, she began to educate clients facing similar circumstances. They include Renata Braatz, who raises her 12-year-old son and spends about 30% of her monthly income on rent through the Section 8 voucher program. She claimed about $600 through the homestead program last year. She spent it on groceries and other expenses for her son.

“I never knew about it. I lived here for six years, and I just started doing it two years ago,” Braatz said. 

But asking questions paid off. 

“Renata was proactive, reaching out, phoning us, and asking if there could be any credits for her. I think that is more than some folks know to do,” Hanson said. “Before I was a tax professional, I myself didn’t know how much the federal earned income credit can help out parents.”

Democrats call for credit’s expansion 

Senate and Assembly Democrats earlier this year introduced identical bills to expand the homestead credit — allowing households earning up to $35,000 to claim it and indexing the maximum annual income, phaseout income and maximum credit to inflation. The proposal would have reduced state revenue by an estimated $36.7 million, $43 million and $48.8 million over the next three fiscal years.

Democratic Gov. Tony Evers also proposed a homestead credit expansion in his last two-year budget. 

Neither  proposal advanced in the Republican-controlled Legislature. 

Sen. Mark Spreitzer, D-Beloit, authored the Senate version of the bill with colleagues. His district borders Illinois, which offers a range of more generous homestead tax incentives. Several constituents who previously lived in Illinois asked him why Wisconsin doesn’t offer what Illinois does, inspiring the legislation.

The Wisconsin Constitution’s uniformity clause prohibits lawmakers from enacting Illinois-like tax exemptions for older adults or other low-income residents, Spreitzer said, but the credit offers a legal work-around.

“There’s not really another credit that takes the place of this,” he said. “That’s why the homestead credit is so important.”

Spreitzer said he plans to reintroduce an expansion bill, and he encourages residents to share their perspectives with their representatives.

“If we want to do something about affordability, this is a very direct thing we can do,” Spreitzer said. “We’re not creating a new credit here. This already exists. We’re just talking about increasing who qualifies and how much money they would get back, and that’s money that they would directly be able to get back on their taxes and then spend to put food on the plate for their families.”

Hanson sees a path for bipartisan support for an update. 

“The alternative is to see it dwindle,” Hanson said. “It hurts the segment of people that actually need it, the people who just don’t get much help anywhere. They’re still working hard to be independent.”

Learn more about the homestead credit

Visit the Department of Revenue’s website to learn more about eligibility for the credit.

You can claim it by filing online or through mail within 4 years and 3 ½ months after the fiscal taxable year to which the claim relates. That means you can still file for a 2021 credit before April 15, 2026.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

As living costs soar, tax relief shrinks for low-income Wisconsin residents 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.

Here’s why Wisconsin Republican lawmakers pass bills they know Gov. Tony Evers will veto

A person in a suit sits at a desk holding up a signed document while people and children nearby applaud in an ornate room.
Reading Time: 4 minutes

In the Wisconsin Senate’s last floor session of 2025, lawmakers debated and voted on bills that appear destined for Democratic Gov. Tony Evers’ veto pen. 

One of the bills, which passed the Republican-led Assembly in September and is on its way to Evers’ desk, would prohibit public funds from being used to provide health care to undocumented immigrants. Sen. Van Wanggaard, R-Racine, the bill’s Senate author, argued it would protect Wisconsin taxpayers, citing Democratic states like Illinois where enrollment and costs of a health care program for noncitizens far exceeded initial estimates. 

But several Senate Democrats lambasted the proposal as a “heartless” attempt by GOP lawmakers to gain political points with their base with 2026 elections around the corner. Sen. Tim Carpenter, D-Milwaukee, hinted at its likely future in the governor’s office. 

“It’s going to be vetoed,” Carpenter said. 

Plenty of bills in the nearly eight years of Wisconsin’s split government have passed through the Republican-controlled Assembly and Senate before receiving a veto from the governor. Evers vetoed a record 126 bills during the 2021-22 legislative session ahead of his reelection campaign and 72 bills during the 2023-24 session. The governor has vetoed 15 bills so far in 2025, not including partial vetoes in the state budget, according to a Wisconsin Watch review of veto messages. The number is certain to rise, though whether it will approach the record is far from clear.

A few Senate Democrats seeking higher office in 2026 said some recent legislation that is unlikely to make it past Evers, from a repeal of the creative veto that raises school revenue limits for the next 400 years to a bill exempting certain procedures from the definition of abortion, looks like political messaging opportunities to ding Democrats. They anticipate more of those proposals to come up next year. 

“For the last eight years we’ve had divided government, but we’ve had a heavily gerrymandered Legislature,” said Sen. Kelda Roys, D-Madison, who is among at least seven candidates running for governor in 2026 and voted against those bills on the floor. “For Republicans in the Legislature, there has been no cost and everything to gain from pursuing the most radical and extreme proposals in their party.” 

Evers is not seeking a third term as governor in 2026 and is entering the final year of his current term, which no longer makes him vulnerable to political fallout from vetoing bills. But legislative Democrats, particularly in the Senate where the party hopes to win the majority in 2026, can be forced into difficult decisions in their chambers where Republicans control which bills get votes on the Senate and Assembly floors. 

“It was all this political gamesmanship of trying to get points towards their own base and/or put me or others, not just me, into a position to have to make that tough vote,” said Sen. Jeff Smith, D-Brunswick, of the bill banning public dollars spent on health care for undocumented immigrants. Smith, who is seeking reelection in his western Wisconsin district next year, holds the main Senate seat Republicans are targeting in 2026. He voted against the bill.

Smith said the immigration bill saw “a lot of discussion” in the Senate Democratic Caucus ahead of the floor session on Nov. 18, particularly on where Smith would vote given the attention on his seat. The bill passed the chamber on a vote of 21-12 with Democratic support from Sen. Sarah Keyeski, D-Lodi; Sen. Brad Pfaff, D-Onalaska; and Sen. Jamie Wall, D-Green Bay, who are not up for reelection next year but represent more conservative parts of the state. 

“Many people thought the easy vote would be to just vote with the Republicans because it’s not going to be signed,” Smith said. “But I’ve still got to go back and explain it to my voters.” 

A spokesperson for Majority Leader Sen. Devin LeMahieu, R-Oostburg, did not respond to questions from Wisconsin Watch about how Senate Republicans consider what bills advance to the Senate floor. Neither did a spokesperson for Assembly Speaker Robin Vos, R-Rochester.

In a social media post after the Senate session, Senate President Mary Felzkowski, R-Tomahawk, listed “all the things WI Senate Democrats voted against,” which included “prohibiting illegal aliens from getting taxpayer-funded healthcare.” 

Scott Kelly, Wanggaard’s chief of staff, said a potential veto or putting Democrats on the record on certain issues largely doesn’t influence the legislation their office pursues.

“Our job is to pass bills that we think are good ideas that should be law,” Kelly said. “Whether other people support or veto them is not my issue. The fact that Democrats think this is a political ‘gotcha,’ well, that just shows they know it’s an idea that the public supports.”

Not all of the bills on the Senate floor on Nov. 18 seemed aimed at election messaging. The chamber unanimously approved a bill to extend tax credits for businesses that hire a third party to build workforce housing or establish a child care program. In October, senators voted 32-1 to pass a bipartisan bill requiring insurance companies to cover cancer screenings for women with dense breast tissue who are at an increased risk of breast cancer. The Republican-authored bill has yet to move in the Assembly despite bipartisan support from lawmakers there as well.

Assembly Democrats last week criticized Vos and Assembly Majority Leader Rep. Tyler August, R-Walworth, for blocking a vote on Senate Bill 23, a bipartisan bill to expand postpartum Medicaid coverage to new Wisconsin moms. Assembly Minority Leader Rep. Greta Neubauer, D-Racine, in a press conference at the Capitol called the move “pathetic.”

But health care is a top issue for Democratic voters and less so for Republicans, according to the Marquette University Law School Poll conducted in October. Illegal immigration and border security are the top issue for Republican voters in Wisconsin. About 75% of GOP voters said they were “very concerned” about the issue heading into 2026, though only 16% of Democrats and 31% of immigrants said the same.  

Barry Burden, director of the Elections Research Center and political science professor at the University of Wisconsin-Madison, said political messaging votes can have impacts on elections, especially in what will be some of the close Senate races in 2026.

“It’s kind of a messaging opportunity, not really a policymaking opportunity. It’s also maybe a way for Republicans to let off some steam,” Burden said. “They have divisions within their own caucuses. They have disagreements between the Republicans in the Assembly, Republicans in the Senate. They can never seem to get on the same page with a lot of these things, and there are often a few members who are holding up bills. So, when they can find agreement and push something through in both chambers and get near unanimous support from their caucuses, that’s a victory in itself and maybe helps build some morale or solidarity within the party.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Here’s why Wisconsin Republican lawmakers pass bills they know Gov. Tony Evers will veto 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.

Courts left with loose ends when ICE detains criminal defendants

21 November 2025 at 12:00
A person wearing a pink sweatshirt sits at a table holding a phone that displays a wedding photo of two people, with shelves and furniture visible in the background.
Reading Time: 7 minutes
Click here to read highlights from the story
  • ICE records list more than 130 arrests at county jails in Wisconsin between January and July 2025. Nearly 40% were awaiting a ruling in their first criminal case. 
  • While defendants sit in ICE custody, their criminal cases generally continue without them — sometimes with no explanation of their absence.
  • That leaves defendants without their day in court, victims without a chance to testify and thousands of dollars in forfeited bail paid by family and friends.

Stacey Murillo Martinez arrived at the Fond du Lac County courthouse in June to pay a $1,500 cash bond for her husband, Miguel Murillo Martinez, as he sat in jail facing drunken driving, bail jumping and firearms charges. 

Scraping the funds together was no small feat. Stacey lives on a fixed income, so Miguel’s boss chipped in. She expected the court to eventually return the $1,500. Bond is meant to serve as collateral to incentivize defendants to show up for their court dates, as she believed Miguel would. 

She did not know U.S. Immigration and Customs Enforcement officers would wait inside the Fond du Lac County Jail later that day to take Miguel, an immigrant from Honduras, into their custody. 

Five months later, Miguel still sits in an ICE facility near Terre Haute, Indiana. His detention caused him to miss a court date in September, prompting the Fond du Lac County judge to issue a bench warrant for his arrest. 

“They didn’t tell me, ‘You’re guilty’ or ‘You’re not guilty,’ ” he said, his voice muffled and distorted by the facility’s phone system. 

“I don’t know what’s going to happen,” Stacey said in early November, referring to the fate of her husband and the bail money – three times the monthly rent for the couple’s double-wide in a Fond du Lac manufactured home park. 

ICE records list more than 130 arrests at county jails in Wisconsin between January and July 2025. Nearly 40% were awaiting a ruling in their first criminal case.

While defendants sit in ICE custody, their criminal cases generally continue without them — sometimes with no explanation of their absence to the court. As ICE ramps up its enforcement efforts nationwide, Wisconsin courts are increasingly left with loose ends: defendants without their day in court, victims without a chance to testify and thousands of dollars in forfeited bail paid by family, friends and employers.

“If I get out, I’m going back to my house, and then I have to appear in county court,” Miguel said. 

Miguel is not the only recent example: ICE picked up his nephew, Junior Murillo, at the Fond du Lac County Jail in October as he faced charges for disorderly conduct and domestic abuse.

The Fond du Lac County Jail has transferred 10 people into ICE custody this year, Sheriff Ryan Waldschmidt said. His county is among 15 Wisconsin local governments to have signed agreements with ICE to assist in identifying and apprehending unauthorized immigrants. These are often called 287(g) agreements, referencing the section of the federal Immigration and Nationality Act authorizing the program. 

Fond du Lac is also among the more than two dozen Wisconsin counties participating in the State Criminal Alien Assistance Program, through which the Department of Justice partially reimburses incarceration costs for agencies that share data on unauthorized immigrants in their custody. Fond du Lac County received nearly $25,000 through the program in fiscal year 2024, according to Waldschmidt.

Fond du Lac County District Attorney Eric Toney said ICE has been “very easy for us to communicate and work with,” and his prosecutors inform judges if a defendant is arrested in the courthouse. Waldschmidt noted that while his office communicates with prosecutors about inmates in county custody with ICE holds, it lacks a written policy requiring them to notify prosecutors of handoffs to ICE. 

Criminal and immigration courts collide

Wisconsin courts do not consistently track whether a defendant has entered ICE custody, but multiple Wisconsin defense attorneys told Wisconsin Watch that immigration authorities frequently arrest defendants shortly after they post bail. 

“The judge will issue a $500 cash bond, somebody in the family will post it before I’m able to tell them, ‘please don’t,’ and the client will get transferred into immigration custody, where they’re really not able to make the appearance in circuit court,” said Kate Drury, a Waupaca-based criminal defense and immigration attorney.

In rare cases, prosecutors work with ICE to extradite defendants from detention centers in other states – or, even rarer, from other countries. Doing so is complicated and expensive, especially for smaller counties.

Toney said his office can’t justify expenses for bringing any out-of-state defendant back to prosecute lower-level cases, such as driving without a license. 

Dane County District Attorney Ismael Ozanne is similarly reluctant to spend thousands to extradite defendants from faraway detention facilities. “If it’s a misdemeanor retail theft (charge), let’s say, and the person is in California, that extradition cost may be $5,000,” he said. “We’re probably not going to spend $5,000 or bring that person back.”

Ozanne’s office did, however, successfully fight for custody of a Honduran woman accused of killing two teenagers while driving drunk on Highway I-90 north of Madison in July. ICE detained Noelia Saray Martinez Avila, 30, after her attorney posted a $250,000 bond to release her from the Dane County jail in August. Martinez Avila is scheduled to appear in Dane County court in December.

A person wearing a blazer and holding a microphone stands facing people who are seated in a room with white walls with red trim.
Fond du Lac County District Attorney Eric Toney said U.S. Immigration and Customs Enforcement has been responsive to his office’s questions when defendants in criminal cases face immigration enforcement. He is shown at the 1st District GOP Fall Fest, Sept. 24, 2022, at the Racine County Fairgrounds in Union Grove, Wis. (Angela Major / WPR)
A person wearing a blue suit coat and red tie holds a silver laptop while looking at another person, with other people out of focus in the background.
Dane County District Attorney Ismael Ozanne says he is reluctant to spend thousands of dollars to extradite criminal defendants from faraway detention facilities. He is seen in Dane County Circuit Court in Madison, Wis., in December 2019. (Coburn Dukehart / Wisconsin Watch)

Defendants in ICE custody can sometimes appear for Wisconsin court hearings via video call, though some attorneys report struggling to schedule those from immigration detention centers. 

“Jails and private prisons that operate immigration detention facilities aren’t super focused or motivated in helping defendants make their scheduled court appearances,” Drury said.

When a defendant misses a court date, Toney’s office typically requests a bench warrant and moves to schedule a bail forfeiture hearing — regardless of whether ICE detention caused the absence, he said. 

Making exceptions for ICE detainees would mean “treating somebody differently because of their immigration status,” Toney said. Still, attorneys in his office can exercise their own discretion when deciding whether to seek a warrant or bail forfeiture, he added. The prosecutor responsible for Junior Murillo’s case, for instance, did not request that the court forfeit his bail after his ICE arrest.

Ozanne argued against forfeiting defendants’ bail if they miss a court date while in ICE custody. 

“It wasn’t their unwillingness to show up” that prevented them from appearing in court, he said, adding that his office would be willing to return bail money to whomever posted it on the defendant’s behalf.

“The problem is that we don’t necessarily know” whether a person is in custody, Ozanne added. While he, like Toney, has reported no difficulties communicating with ICE, the agency doesn’t proactively inform his office when it arrests immigrants with active cases in Dane County. 

ICE did not respond to emailed questions from Wisconsin Watch.

Mindy Nolan, a Milwaukee-based attorney who specializes in the interaction between criminal cases and immigration status, said judges generally issue warrants for defendants in ICE custody to keep their criminal cases alive if ICE releases them or they return to the country after deportation. 

“Over the years, what I’ve heard from judges is (that) if the person is present in the United States in the future, they could be picked up on the state court warrant,” she said.

Hearings without defendants

Wisconsin law gives courts at least 30 days to decide whether to forfeit a defendant’s bail. 

“The default assumption seems to be that the immigrant could appear and the statute places the burden on the defendant to prove that it was impossible for them to appear,” Drury said. “But how does the defendant meet that burden when they’re being held in immigration custody, transferred all over the country, potentially transferred outside the United States?”

Wisconsin courts have held more than 2,700 bail forfeiture hearings thus far in 2025, though the state’s count does not provide details on the reasons for defendants’ absence. If the defendant misses the hearing, the defendant’s attorney or those who paid the bail can challenge the forfeiture by demonstrating that the absence was unavoidable. 

On a Friday morning in late October, a Racine County judge issued a half-dozen bail forfeiture orders in just minutes. The court had scheduled a translator for most of the cases, and she sat alone at the defense table, occasionally scanning the room in case any defendants slipped in at the last minute.

“The problem is getting someone at the bond forfeiture hearings to assert those arguments on behalf of clients,” Drury said. Public defenders are often stretched thin, and family members may be unaware of upcoming hearings. Court records indicate Miguel Murillo lacks a defense attorney assigned to his case in Fond du Lac, leaving only Stacey to argue against bail forfeiture. 

Such hearings tend to be more substantial when attorneys are present, boosting the likelihood of bail money being returned. 

Entrance to a white and beige brick building with black letters reading "FOND DU LAC COUNTY JAIL," and a sign above a doorway says "SHERIFF 63 WESTERN AVENUE"
Fond du Lac County Jail is shown in Fond du Lac, Wis., Nov. 8, 2025. (Paul Kiefer / Wisconsin Watch)

Miguel Murillo’s case does not involve an alleged victim, meaning forfeited bail would go to Fond du Lac County. Court costs typically exceed the value of forfeited bail, Toney said. 

When cases involve alleged victims, Wisconsin law requires that courts use forfeited bail for victim restitution – even without a conviction.

What’s missing are judicial findings that the defendant is responsible for the alleged actions and caused suffering to the victim, Drury said. 

“Without a conviction, I don’t understand how you maintain that policy and the presumption of innocence, which is such an important constitutional cornerstone of this country.”

Immigration arrests often throw a wrench in the gears of the criminal justice system, Ozanne said. 

“It’s most problematic for us when the person hasn’t gone through their due process,” he said. “We have victims… who don’t really get the benefit of the process or have the ability to communicate with the courts about what they think should happen.”

“In a sense,” he added, “that person has a get-out-of-jail-free card.” 

Months in ICE detention 

Miguel Murillo left Honduras a decade ago, initially settling in Houston. While in Texas, he says he survived a shooting and sought, but never obtained, a U-visa, which provides temporary legal status to victims of certain crimes. 

The shooting prompted him to head north to Wisconsin, where he found construction work and married Stacey, a lifelong Wisconsinite. Court records mark occasional run-ins with law enforcement and misdemeanors over the last five years, culminating in the April 2025 charges that preceded his ICE arrest. 

Stacey, who is receiving treatment for breast cancer, relied on her husband to keep their household afloat. In his absence, she said, “I have to beg, plead, and borrow to get any assistance.” 

“Right now, as I go through this situation… there’s no one to take care of her,” Miguel told Wisconsin Watch. The couple hope that argument will sway a Chicago immigration court judge to release him from ICE custody. The court held its final hearing on his order of removal case in late October, Stacey said, but has yet to issue a ruling.

Junior’s case progressed far more quickly. After his arrest in October, he spent just over a week in ICE custody before immigration authorities put him on a plane to Honduras. 

Miguel, on the other hand, has spent roughly five months in various ICE detention facilities. He was scheduled to appear by video in Fond du Lac County court Thursday morning. He never joined the call. 

“I don’t know what happened,” he wrote to Wisconsin Watch afterwards. “I was waiting and (facility staff) didn’t call me.”

Stacey couldn’t attend the hearing for health reasons, and Miguel has yet to secure an attorney for his Fond du Lac case. Court records do not indicate whether the prosecutor requested forfeiture of his $1,500 bail.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Courts left with loose ends when ICE detains criminal defendants 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.

Farmers are feeling the squeeze from Trump’s mass deportations. Congress isn’t close to a fix.

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The agricultural industry is feeling the strain from President Donald Trump’s immigration crackdown, and Republican lawmakers are certainly hearing about it back home.

What elected officials will do about farmers’ frustrations is much less clear — an indication that relief could be far away.

“Members are beginning to talk about it, but it doesn’t feel as though a particular solution is coming into focus yet, and clearly the White House is going to be the most important player in these conversations,” said Rep. Dusty Johnson, who sits on the House Agriculture Committee.

Ongoing Immigration and Customs Enforcement raids in agricultural centers, from California to Wisconsin to New York, have increased pressure on members of Congress to provide fixes for farmers who say they are facing labor shortages.

In Wisconsin, for example, a 2023 University of Wisconsin study found that 70% of labor on the state’s dairy farms was done by undocumented workers. Many of those farmers have turned to existing temporary visas — like the H-2A visa, a seasonal agricultural visa — to staff their farms. The Trump administration moved to strip back labor protections for farmers hiring workers on the visa earlier this year, in an effort to streamline H-2A visas.

But those visas are inherently limited for year-round work, like at dairy farms.

The program is also associated with high costs and a slow-moving bureaucracy. Democrats and immigrant advocates said the administration’s move put workers at risk of abuse and exploitation. Approximately 17% of agricultural workers have an H-2A visa.

There are currently several proposed reforms floating around the Capitol.

A bipartisan bill introduced in May by Reps. Dan Newhouse and Zoe Lofgren proposes streamlining the H-2A visa process and providing visas for year-round agricultural employers.

Wisconsin Republican Rep. Derrick Van Orden has proposed legislation that would allow undocumented farmworkers to gain legal employment status, as long as they haven’t committed a crime. Both immigrants and their employers would be required to acknowledge the worker’s status and pay a fine.

“We got to understand, at this point these people are our neighbors. Our kids go to school together, and they’re part of our communities,” Van Orden said. “I don’t want these people having to hide underneath a trailer when immigration shows up.”

Van Orden’s bill has no co-sponsors.

Lawmakers formed a task force in 2023 to consider possible reforms to the H-2A visa program and improve the industry’s reliable labor shortage.

The Republican-majority House Committee on Agriculture has readied a bill that largely follows task force recommendations — which include proposals to streamline administrative paperwork, expedite application review by U.S. Citizenship and Immigration Services and change the wage system — to overhaul the H-2A program.

Committee chair Rep. Glenn Thompson said the bill is awaiting “technical assistance” from the Department of Labor. That final step had been delayed by shutdown furloughs, he said. The Department of Labor did not immediately respond to a request for comment.

“We’re very close to introducing a very strong, I’ll call it a tripartisan bill, because that includes Republicans, Democrats and individuals from the industry,” Thompson said.

The bill draft is expected to be ready for public review by early January.

Rep. Salud Carbajal, a Democrat on the agriculture committee, however, says he hasn’t heard from his Republican colleagues or the White House on the issue.

“There’s been no communication from my colleagues on the other side and from this administration,” he said.

Republicans say the White House is engaged on the issue. Thompson told NOTUS that he’s been in “frequent discussions” with the White House and the Department of Agriculture about immigrant farmworkers.

Rep. Doug LaMalfa, who also sits on the House Agriculture Committee, said the White House is “in the mood here to engage” on farmworker visas.

“A while back, the president acknowledged in a speech that we got to up the game on having more and simpler processes for having farm workers available. I know we feel that in California with our specialty crops,” LaMalfa said.

Trump in June suggested that farms would get a pass in the deportation crackdown — a statement that senior administration officials seemed to disagree with.

Immigration advocates haven’t been happy with the administration’s visa policy changes thus far.

Alexandra Sossa, the chief executive officer with the Farmworker and Landscaper Advocacy Project, said that her organization is “not in favor” of the H-2A visa program, which it associates with “human labor trafficking and labor exploitation.”

And now, with the ongoing immigration raids, she says, farmworkers who are brought to the country under the visa program fear deportation, and those who are considering coming under the program are apprehensive about doing so.

“We are talking about workers who wake up at 4 a.m. in the morning and start working at 5 a.m. and end working around 9 to 10 p.m., Monday to Sunday. So that’s not easy to find, and it’s a difficult job to do. The consequences on the economy are reflected when you go to the grocery store to buy food,” Sossa said.

Democrats, meanwhile, are calling for larger immigration reform to address the dangerous working conditions that the H-2A program has led to, while also giving a bigger pathway to work.

“When people are exploited, we’ve got to crack down on that,” Rep. Jim McGovern, a Democrat on the House Committee on Agriculture, said about the concerns regarding H-2A visas. “But I just think the climate that’s been created by this administration makes it difficult for some Republicans to even want to talk about the issue.”

“I hear from farmers all the time about concerns that their labor force will disappear, or that they can’t count on workers,” McGovern said.

This story was produced and originally published by Wisconsin Watch and NOTUS, a publication from the nonprofit, nonpartisan Allbritton Journalism Institute.

Farmers are feeling the squeeze from Trump’s mass deportations. Congress isn’t close to a fix. 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.

As local governments plead for more revenue, Wisconsin voters are souring on more taxes

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Reading Time: 5 minutes

Wisconsin municipalities and school districts, which rely on taxpayer dollars to fund their services, are running into rising frustration from the residents who pay those costs.

The frustration comes as more local governments are turning to wheel taxes to fund transportation-related services as costs of construction materials rise and local leaders say the Legislature over the years has constrained ways municipalities can raise additional revenues. Nearly half of Wisconsin residents are paying a wheel tax in 2025, according to the Wisconsin Policy Forum

The number of Wisconsin school districts turning to taxpayers to support referendums has also grown in recent years with the state seeing more than 200 ballot questions in 2024, 148 of which were operating referendums. Ninety-four districts sought referendums in elections this year, the most in an odd-numbered election year since 2007, the Policy Forum noted earlier this year. 

But Wisconsin taxpayers’ support for funding revenue needs of local governments and school districts appears to be waning as residents grapple with their own rising costs from energy bills to health care payments.

The Marquette University Law School Poll conducted in October showed 56% of voters found lowering property taxes to be more important than funding public education, a number that has gradually grown in the last two years. Between 2015 and 2022 more voters supported funding public schools over lowering property taxes. Additionally, 57% of Wisconsin voters in October said they would be more likely to vote against a school referendum when, just four months earlier, 52% of voters said they would support one. 

The public discontent with government taxes and fees aligns with a longtime Republican strategy to reduce the size and reach of government. Similar frustration with the role of government in the wake of the Great Recession swept Republicans into power in Wisconsin in 2010, and they’ve kept control of the Legislature since then.

Heading into the next cycle, Republican lawmakers are promoting bills that seek to limit when taxpayers can be asked for more funding.

One bill from Sen. Rob Hutton, R-Brookfield, would require referendums for local governments that want to establish a wheel tax and mandate the municipalities and counties with existing wheel taxes to go to referendum to keep their fees in place. Hutton, who is up for reelection in 2026, holds perhaps the most vulnerable of three Republican Senate seats that Democrats are targeting in elections next year. 

A resident brought the idea for the wheel tax bill to Hutton’s office as New Berlin and Elm Grove considered implementing their own vehicle registration fees earlier this year, his chief of staff said in an email to Wisconsin Watch. The New Berlin Common Council officially rejected the option to pursue a wheel tax in July. 

“Some may argue that these are not make or break amounts of money, and that certainly may be the case,” Hutton said during an October hearing on the Assembly companion to his bill. “But every cost adds up to many citizens in these communities, especially those families who are living paycheck to paycheck.” 

Hutton’s bill is scheduled for a public hearing Wednesday, just a week after the Eau Claire City Council voted to raise the city’s wheel tax from $24 to $50. Eau Claire residents will pay $80 between city and county fees with the new increase, which is currently higher than Milwaukee where city residents pay $60 in wheel taxes split between the city and county. 

The vehicle registration fee increase will give the city of Eau Claire an additional $1.2 million, which the city’s finance director told councilors was necessary for a balanced budget without making other cuts. 

“If we didn’t have the wheel tax available, we would have to make very significant cuts,” Stephanie Hirsch, Eau Claire’s city manager, told Wisconsin Watch. “We can’t really touch our public safety departments because of state laws that require us to maintain spending and service maintenance of effort laws, so it would be coming from those public works functions or the other nonmandated services that we provide like operating a very popular outdoor pool or maintaining parks.” 

But Eau Claire residents opposed to the proposal said it was wrong to approve a wheel tax increase as costs are rising for food, health care, energy and more. 

“Another fee increase, especially on something as basic as the ability to drive to work, drive to school or appointments, should be completely off the table right now,” said Elizabeth Willier, who told the council she organized resident petitions against doubling the wheel tax through conservative group Americans for Prosperity Wisconsin.

Growing tax frustration

Citizen anger against government taxes isn’t new. But it seems that taxpayers in Wisconsin have especially become more engaged in government in the years since the coronavirus pandemic, said Paul Rozeski, the director of government and member relations with Wisconsin Property Taxpayers, Inc. 

More people want answers about where their money is going, he said. 

“We have a lot of small business members, and for them, it’s death by 1,000 paper cuts,” Rozeski said. “Clearly, more and more taxpayers are feeling the same way.” 

That public sentiment on referendums increased as 71% of Wisconsin’s school districts learned in October they will receive less general aid for the 2025-26 school year than they did the prior year. State general education aid funding was kept flat in the biennial budget earlier this year.

It could lead districts to make budget cuts, raise property taxes or even turn to voters with referendums to make up those funding gaps. 

“I think that’s not going to slow down,” Sen. Jeff Smith, D-Brunswick, said last month of school district referendums. “I think we’re going to see even more, sadly.” 

Under current law Wisconsin school districts will receive a $325 per pupil increase each year in how much revenues they can raise from a combination of state aid and property taxes for the next 400 years due to Democratic Gov. Tony Evers’ creative veto in 2023.

It’s not clear yet how many school districts might seek referendums in 2026. State law gives districts up to 70 days before an election to adopt a resolution for a referendum, a spokesperson said. 

Solutions at the Capitol?

Republican legislative proposals at the Capitol have sought more transparency from school districts that seek additional dollars from taxpayers or more participation from local governments that seek revenues through wheel taxes. Additionally, the Assembly Committee on Education signed off on a series of bills looking to encourage school district consolidation across the state. 

Public hearings were held earlier this session on companion bills that would prohibit recurring operating referendums and limit ballot questions from applying to more than four years. Hutton and Rep. Amanda Nedweski, R-Pleasant Prairie, also brought forward a proposal to bar school districts from pursuing referendums if they are not in compliance with Department of Public Instruction financial reporting requirements. 

Nedweski during a public hearing in October cited Milwaukee Public Schools as a reason for the bill. Voters passed a $252 million MPS referendum in 2024, but the district had failed to file 2023 state financial reports on time, which led DPI to withhold state funding. 

The likelihood of the Republican proposals receiving Evers’ signature is slim. While Hutton’s Senate bill on wheel tax referendums will receive a public hearing, it’s not clear what appetite other lawmakers will have for the proposal. 

The Assembly Committee on Local Government held a public hearing on the Assembly version of Hutton’s bill in late October, but chair Rep. Todd Novak, R-Dodgeville, told Hutton and Rep. Dave Maxey, R-New Berlin, that he opposed the proposal.

“If they don’t like a wheel tax, they can replace the board,” Novak said. 

Hirsch in Eau Claire understands that the increased wheel tax may be a hardship for residents with the combination of city and county fees. But requiring a referendum would take away options the city needs, she said. 

“What we really wish would happen is that the state government would give us more local control and more tools,” Hirsch said. “For example, what we wish for most is a local option sales tax. We really don’t like putting all of the weight on property taxes, and we don’t want to charge people the wheel tax. We wish there were other tools in the tool kit.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

As local governments plead for more revenue, Wisconsin voters are souring on more taxes 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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