The Wisconsin State Capitol. Control of the state Assembly and Senate will be at stake in the 2026 November elections. (Photo by Baylor Spears/Wisconsin Examiner)

It is still early in a significant election year for Wisconsin, but the story of its state legislative races is “beginning to emerge,” John Johnson, a research fellow in Marquette Law School’s Lubar Center for Public Policy Research and Civic Education, told the Wisconsin Examiner in a recent interview. Among  the developments helping to shape it are recently announced retirements of two Senate Republicans and campaign finance reports that show a Democratic advantage in the Senate and a Republican advantage in the Assembly. 

State Senate retirements and fundraising 

Republicans currently hold an 18-seat majority in the 33-seat state Senate, where the 17 odd-numbered seats will be up for election this year. Democrats need to win two additional seats in the state Senate to flip control of the body.

Lawmakers have slowly started to announce their plans. On Monday, Sen. Steve Nass (R-Whitewater), who has served in the Legislature since 1991 and is one of the most conservative lawmakers in the state Senate, announced he will not run for reelection. He said in a statement that the “time has come for a new fighter to take on the mission of preserving life, liberty and pursuit of happiness” for residents of Senate District 11. 

“It has been one of the greatest honors of my life to serve in the Wisconsin State Legislature representing the people of Southern Wisconsin,” Nass said. “I have always been bipartisan in my scorn of fiscal mismanagement and bureaucratic overreach regardless of whether the Republicans or Democrats were in charge, since the affliction of Big Government is a disease that infects both parties in Madison.”

His district leans Republican. The three Assembly districts within his are represented by Assembly Speaker Robin Vos (R-Rochester), Rep. Amanda Nedweski (R-Pleasant Prairie) and Rep. Tyler August (R-Walworth). 

Nass is the second Republican legislator to announce his  retirement in recent weeks. 

The State Senate Democratic Committee (SSDC), the fundraising arm of the caucus, said in a statement that his announcement “is yet another proof point that Republicans are expecting to lose control of the Senate in November” and are confronting the “reality of a Democratic majority.”

The SSDC has been laying the groundwork to flip the chamber over the last year, especially over the summer. In its recent campaign finance report, the SSDC reported raising $771,870 — more than two times what its Republican counterpart brought in — between July 1 and Dec. 31. According to the SSDC, that’s the most the committee has ever raised in a non-election year.

“Senate Democrats have the message, the fair maps, and the candidates to win a majority in November, and these fundraising numbers are proof of that,” the SSDC said in a statement. It ended the period with a $446,605 cash balance. 

The Committee to Elect a Republican Senate (CERS) reported raising $306,674 during the fundraising period. It spent $21,249, and ended the period with $728,682 cash-on-hand. 

The first Senate retirement announcement this year came from Sen. Rob Hutton (R-Brookfield), who represents Senate District 5. The district includes portions of Milwaukee County, encompassing West Allis and Wauwatosa, and Waukesha County, including Pewaukee, Brookfield and Elm Grove. 

Hutton’s exit is significant, Johnson says.

“That’s an essential target for Democrats to win if they want to take a majority of the state Senate,” Johnson said. “The Democrats have also recruited a quite strong challenger there.” 

Hutton said in a statement that the decision was “very difficult” but that “increasing personal and professional obligations have made it clear that stepping aside is the right decision at this time.” 

“I look forward to continuing to work hard in this final year and beyond to push for more needed reforms that streamline government, address affordability for families, support law enforcement and increase access to quality education, healthcare and economic opportunity for all Wisconsinites,” Hutton said. 

Hutton had reported raising $24,325 in his December campaign finance report, which included a $20,000 contribution from himself. 

The Democratic candidate running for Hutton’s seat, State Rep. Robyn Vining (D-Wauwatosa), who has served in the Assembly since 2019, raised $98,913 since her Senate campaign launched in July and had $114,471 cash-on-hand, according to her campaign finance report.

Vining raised $83,403 from individual contributions. The SSDC provided over $30,000 in in-kind contributions, including wages for campaign staff, consulting and printing. She is the only candidate in the race since Democrat Sarah Harrison, a Brookfield businesswoman, dropped her bid due in part to poor fundraising. 

Johnson said Vining is a strong candidate for Democrats because she is an Assembly incumbent, who has represented one-third of the state Senate district and has a proven track record of winning parts of the district.

Johnson tracks races across the state, but said “most of them don’t quite have the clarity of the 5th Senate District in terms of who the candidates will be.”

Incumbents Johnson said, have about a 4-point advantage in reelection races.

“A seat that would otherwise be like 50-50, you’d expect the incumbent to maybe get 52% in the last cycle,” Johnson said – resulting in a 52-48, 4-point win for the incumbent. “In 2024, it was worth a little bit more for Republicans than it was for Democrats.”

There are three other Senate districts considered targets.

Senate District 21 encompasses part of Racine County, including the northern part of the city, and part of Milwaukee County, including Franklin, Hales Corner, Greendale and Greenfield.

The incumbent, Sen. Van Wanggaard (R-Racine), has served in the Senate for the last decade. He hasn’t announced yet whether he’ll run for reelection. 

After the recent retirement announcements of other Republican lawmakers the SSDC began pushing for Wanggaard’s  retirement: “Good news comes in three… C’mon @Vanwanggaard, you can do it!” the SSDC account posted on X. 

Johnson says that of all the Senate districts, SD 21 changed the most — meaning Wanggaard’s incumbency advantage is smaller than that of other incumbent candidates. 

“He has the fewest constituents who were previously represented by him and his district, which means that his incumbency advantage is worth less than it would be under his district as it previously existed,” Johnson said.

In recent campaign finance reports, Wanggaard reported raising $36,461 in the latter half of 2025 and having $46,319 in cash on-hand.

The Democratic challenger in the district is Trevor Jung, who is the city of Racine’s transit director. He reported raising $133,512 and ending the period with $129,265 in cash on-hand.

Another key district is Senate District 17, which encompasses Iowa, Lafayette, Green, Crawford and Grant counties as well as parts of Dane County and where longtime Republican incumbent Sen. Howard Marklein (R-Spring Green) is outraising his SSDC-endorsed challenger.

Marklein, who is the co-chair of the powerful Joint Finance Committee and has served in the Senate since 2014, reported raising $194,137 during the recent campaign finance filing period, of which $148,549 came from individual contributions. He reported spending $23,441 and having $741,753 in cash on-hand.

Rep. Jenna Jacobson (D-Oregon), who was first elected to the Assembly in 2022, reported raising $118,243, spending $4,741 and having $113,888 in cash on-hand at the end of the period. 

There are also two other Democratic candidates running: Corrine Hendrickson, who raised $13,081, spent $10,021 and had $3,059 in cash on-hand, and Lisa White, who reported raising $12,202, spending $15,966 and having $2,764 in cash on-hand. 

Senate District 31 is also considered a key district for legislative control. There, Democrats are seeking to protect incumbent Sen. Jeff Smith (D-Brunswick), who has served in the Senate since 2018. The district represents the entirety of Eau Claire County and parts of Dunn, Trempealeau and Chippewa counties.

Smith faces a challenge from Sen. Jesse James (R-Thorp), who was elected to the Senate in 2022, moved to stay in his district when legislative maps were redrawn and recently moved back to the area that is now represented by Smith. Smith reported raising $86,123 during the latter part of the year and having $153,493 in cash on-hand. James reported raising $42,817 during the period. He spent $3,355 and has $61,234 in cash on-hand.

“I would say the edge is still to Jeff Smith in that race, but less so than if he were against someone who is a political unknown,” Johnson says. 

Johnson also says he thinks total spending in each contested Senate race this year could easily reach $1 million.

Assembly GOP bring in $4 million haul as Dem challengers start emerging

Republicans currently hold a 54-seat majority in the 99-seat state Assembly. Democratic lawmakers need to hold all of their current seats in the Assembly and pick up five additional seats to flip the Assembly. 

Johnson says Democrats have a path but only if they “run the table” of competitive races. 

“There are demonstrably enough voters in those [key] districts who will vote for a Democrat, so that’s the optimistic case for Assembly Democrats. The optimistic case for Assembly Republicans is that Assembly Republican candidates tend to be more popular than other kinds of Republicans, and so that’s what they’re going to be counting on,” Johnson said. 

The Republican Assembly Campaign Committee (RACC) outraised its Democratic counterpart, bringing in over $4 million during the most recent reporting period, with the majority of the total coming from two GOP megadonors. 

The committee reported raising a total of $4,210,809 and spending $42,351 and ending the year with $5,241,793 in cash on-hand. Billionaire donor Diane Hendricks gave over $1 million to the RACC in the latter half of 2026 and another billionaire, Elizabeth Uihlein, donated $3 million. 

The Assembly Democratic Campaign Committee (ADCC), the fundraising arm of the Assembly Democratic caucus, raised $1.44 million during the reporting period. According to the ADCC, the overall total it raised in 2025 — $1.78 million — is the most the committee has ever raised in an off-election year. 

The ADCC’s top donors included venture capitalist and LinkedIn cofounder Reid Garrett Hoffman, who gave $175,000, David Hall of Pewaukee, who gave $150,000, and Lynde Uihlein, who gave $100,000 (She also gave $100,000 to the SSDC).

Assembly Minority Leader Greta Neubauer (D-Racine) said in a statement that the fundraising numbers show that “voters are fed up with the partisan games from Legislative Republicans and ready for change” and a Democratic trifecta is within reach. She said they are working to make investments, hire on-the-ground staff and invest in incumbents’ campaigns to set Democrats up for success this year. 

With all 99 seats up for election in the Assembly, the candidate fields are also still taking shape. 

Democrats are investing early in the districts they need to protect. State Rep. Steve Doyle (D-Onalaska) reported raising $1,007,842 and $1 million of that was contributed by the ADCC.

“Just kind of shocking,” Johnson said of Doyle’s campaign finance report. “But he’s the most vulnerable Democrat.”

Doyle was first elected to the Assembly during a May 2011 special election and has been reelected since. He won another term in office in 2024 by just 223 votes against the Republican candidate.

One key district to watch is Assembly District 51, where incumbent Rep. Todd Novak (R-Dodgeville) recently announced that he will run for reelection.

Johnson said Novak is a candidate who “really, punches above his weight as a Republican in that district.”

“There have been a lot of years that Democrats thought they could win it, and Democrats all across the rest of the ticket won in that district, but Novak keeps on winning there,” Johnson said, adding that Novak is “probably one of the most moderate Republicans in the Assembly.” 

According to his campaign finance reporting, Novak raised $22,475 during the period and had $29,934 in cash on-hand. The majority of the funds — $20,000 — came from a contribution made by the RACC on Dec. 31.

Novak highlighted his work with Democrats in his press release, including with Attorney General Josh Kaul, a Democrat, to secure permanent funding for the Office of School Safety and to secure mental health funding for the UW system. He said that in another term in office he would work to address “affordability, budget responsibly and reduce tax burden, improve healthcare access and costs, and continue supporting our schools.” 

“Working across the aisle for common sense solutions is how I’ve always approached governing. We’ve been able to accomplish a lot to help address affordability, reduce the tax burden, support education, and reduce healthcare costs,” Novak said in a statement.

Johnson says the thing that may tip elections in these close seats are candidates’ personal connections to voters.

“There’s not a lot of daylight between members of the same party on any election these days, but these seats are close enough… that even a little bit of daylight — even a little bit of a, well, I’m mad at the Republicans, but I know Todd Novak. Like, we go to the same events. I see him talk. I trust him personally’ — even if that’s just a few 100 people, that can be the difference,” Johnson says.

With the support of the ADCC behind him, Ben Gruber, a Wisconsin Department of Natural Resources Conservation Warden and President of AFSCME Local 1215, launched his campaign to challenge Novak last week. 

He criticized Novak and Marklein at his campaign launch, saying that Republican lawmakers’ decisions to not provide adequate funding to schools in the area have hurt the community. 

“I grew up here, and we’re raising our kids here. I want our kids to have the same opportunities we did growing up. The reality is because of incumbents like Todd Novak and Howard Marklein they don’t have those opportunities,” Gruber said when he announced his campaign. “In 2019 when my oldest daughter was ready to go to kindergarten, she was faced with a 90-plus minute bus ride to get to kindergarten twice a day because the incumbents defunded our public education in Wisconsin and our local elementary school closed in 2018.”

Gruber said he would advocate for working class families if elected to the Assembly. 

“We see the same story play out across this district every single day,” Gruber said. “Our communities are hurting. Schools are closing. Our ambulances are often unstaffed and our police departments are closing. We can do better for our communities.”

The ADCC has announced several other Democratic challengers in recent weeks including: 

• Marathon County Board Supervisor John Kroll is running for AD 85. The district is currently represented by Rep. Patrick Snyder (R-Weston) won the district with 53% of the vote in 2024. 
• Oak Creek Mayor Dan Bukiewicz launched a campaign for AD 21. The district is currently represented by Rep. Jessie Rodriguez (R-Oak Creek), who won the district with 51% of the vote in 2024.
• De Pere School Board Member Brandy Tollefson is running for AD 88. The district is currently represented by Rep. Benjamin Franklin (R-De Pere), who won the district by 220 votes in 2024. 

While Johnson said he thinks incumbency and fundraising will matter in the races, he said one of the biggest factors that will sway state legislative races will be a person who won’t be on the ballot at all.

“The most important thing will be, if the candidate has a D or an R after their name,” Johnson said. While candidates’ relationships with voters in their districts are important, many people don’t have that kind of personal contact and will be “making their mind up about …what they think about Donald Trump, and they’re going to go in and they’re going to vote based on that feeling, I’m confident.”

State legislative races will appear on voters ballots in November alongside an open race for governor, congressional races as well as other statewide and local races.

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“We obviously believe that giving the public access to see what we're doing is important, but… just blindly giving money to an organization that's asking us for money, but not giving us any answers, is certainly not the solution at this time,” LeMahieu said. (Photo by Baylor Spears/Wisconsin Examiner)

The Wisconsin Senate passed three constitutional amendment proposals Wednesday, including one to eliminate DEI, one to limit the executive partial veto power and another to prohibit closures of places of worship during emergencies.

With WisconsinEye, the state government video streaming service, still offline, the first floor session of the year for the Senate was livestreamed with the help of the Legislative Technology Services Bureau. 

Senate Majority Leader Devin LeMahieu (R-Oostburg) told reporters ahead of the session that after WisconsinEye halted its coverage on Dec. 15, the co-chairs of the Legislative Joint Audit Committee sent a letter with questions to the nonprofit organization. The letter had a Jan. 9 deadline to reply, but the organization did not provide responses until Jan. 21.

“We obviously believe that giving the public access to see what we’re doing is important, but… just blindly giving money to an organization that’s asking us for money, but not giving us any answers, is certainly not the solution at this time,” LeMahieu said. 

LeMahieu said he had not yet reviewed the answers WisconsinEye sent on Wednesday morning. He said the livestream was not a way to explore replacing WisconsinEye.

The state Legislature set aside $10 million in 2023 to help the organization build an endowment. But that grant came with a requirement that WisconsinEye to raise enough money to match the funds in order to access the state dollars. As it ran out of funds, WisconsinEye asked  the state to make money available for its operating expenses without the match requirement. 

LeMahieu noted that the organization had three years to raise funds and request money from the Joint Finance Committee.

“We just want to figure out, really, what’s going on. It’s not proof that we don’t need WisconsinEye…,” LeMahieu said. “The point of today is just so that the general public can see us in action today.” 

During the floor session, the Senate also took up bills on tax exemptions and education.

Constitutional amendments on DEI, partial veto and places of worship

The Senate passed three constitutional amendment proposals, each of which is on its second consideration, during its Thursday floor session. Constitutional amendment proposals in Wisconsin must pass two consecutive sessions of the Legislature before they go to the voters for final approval.

Republicans have relied on constitutional amendment proposals in recent years to bypass Democratic Gov. Tony Evers. According to a Ballotopedia review, Wisconsin voters decided on 258 ballot measures between  the state’s founding in 1846 and April 2025. About 71% — or 185 — measures were approved and 28% — or 73 — were defeated.

In the last five years, Wisconsin voters will have decided on 10 constitutional amendment questions — a divergence from some points in state history when Wisconsin has gone years without a constitutional amendment going before voters. 

The Senate voted 18-15 to pass a constitutional amendment that seeks to target and eliminate diversity, equity and inclusion (DEI) efforts throughout Wisconsin local and state governments, officially setting it to go before voters in November. 

If approved by voters, AJR 102 would amend the state constitution to “prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.”

Democratic lawmakers said the amendment would take the state backwards. They suggested amending the proposal to enshrine equality and same-sex marriage protections. Those proposals were voted down. 

State Sen. Dora Drake (D-Milwaukee), who chairs the Legislative Black Caucus and has been working to call attention to the proposal over the last few weeks, likened the amendment to lawmakers rolling back Reconstruction efforts after the Civil War. She said the abandonment of Reconstruction efforts to bring justice to those who were enslaved, are the reason why the U.S. lived with Jim Crow laws for so long.

“Lawmakers made a decision to not protect [Americans],” Drake said. “Anything that was built was destroyed. It took nearly 80 years for our country to rectify that mistake with the Civil Rights Act, the Voting Rights Act and landmark Supreme Court decisions to undo that harm.” 

Drake said the amendment would cause harm and eliminate measures that keep Wisconsinites safe. 

“Republicans will send us back to the pre-Civil Rights era, possibly further,” Drake said. 

Sen. Steve Nass (R-Whitewater) said the proposal is “long overdue” and would give Wisconsin voters the final say on “discrimination at all levels of government.” He said that programs including the Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin, and scholarships and loans within the state’s higher education system that consider race amount to discrimination.

“Past discrimination, however wrong, cannot be corrected with more discrimination,” Nass said, adding that merit, character and ability should be the only things considered when it comes to programs. 

The Senate also voted on voice vote to pass SB 652, which would amend several programs offered in the University of Wisconsin system to focus on “disadvantaged” students as opposed to considering race. Some of those programs include the minority teacher loan program and minority undergraduate grants. 

Bill coauthor Sen. Eric Wimberger (R-Oconto) said the proposal will make it so people are able to receive help based on their specific life experiences, rather than having their life experiences presumed.

“We’ll finally make eligibility based on need,” Wimberger said. 

Drake emphasized that several of the programs, including the Minority Teacher Loan Program that was signed into law by Republican Gov. Tommy Thompson, were bipartisan efforts at the time they were created. She said lawmakers were forgetting history and abandoning the previous work that was done to address the barriers that students face. She said that the only thing that has changed is the election of  President Donald Trump, who has targeted DEI initiatives, and launched a “war against Black and brown people.”

“Shifting the policy solely to disadvantaged students without acknowledging racial, ethnic disparities risks eroding the progress made to address educational inequities,” Drake said. “That doesn’t solve anything, it covers up the issue.”

Curtailing partial veto powers 

SJR 116, if approved by voters, would prohibit the governor from using the state’s partial veto power to create or increase a tax or fee. It passed the Senate 18-15 along party lines and still needs to pass the Assembly before it would be set to go to voters. 

The proposal was introduced in reaction to Gov. Tony Evers’ partial veto that he exercised on the state budget in 2023 that extended annual school revenue limits for 400 years. 

Sen. Melissa Ratcliff (D-Cottage Grove) spoke against the proposal, saying that the partial veto power is one of the only checks that can “correct harmful or irresponsible provisions that come from the Legislature” and will “weaken one of the few checks that protects the public.” 

AJR 10 would prohibit the state from ordering the closure of places of worship during a state of emergency. The Senate concurred in the bill in a 17-15 vote, meaning it will officially go to voters in November.

The proposal was introduced in response to actions taken during a state of emergency declared by Evers during the COVID-19 pandemic. There was no debate on the floor about the measure.

Tax exemptions

The Senate concurred in AB 38, which would mirror federal policy to exempt tips from state income taxes, in a 21-12 vote. Sen. Sarah Keyeski (D-Lodi), Sen. Brad Pfaff (D-Onalaska) and Jamie Wall (D-Green Bay) joined Republicans in favor of the bill. The Assembly passed the bill last week, so it will now head to Evers for consideration.

The bill would allow tipped employees to deduct up to $25,000 in tips annually from their federal taxable income. Those earning more than $150,000 would not be eligible for the deduction.

According to a Department of Revenue fiscal estimate, the bill would result in Wisconsin collecting $33.7 million less in revenue annually.

The Democratic lawmakers who opposed the bill said it didn’t do enough to ensure that employees make a stable wage. Tipped employees in Wisconsin can currently make a minimum wage of $2.33.

Sen. Kelda Roys (D-Madison) said that raising the minimum wage would ensure that a person’s wage doesn’t rely on “the mood that somebody is in” or “somebody’s willingness to be sexually harassed.” 

“We should not put working people through that,” Roys said.

“You don’t get everything you want in life,” Jacque said. “I think this is something that is going to make life a little bit easier for those who work in the service industry.” 

“We don’t make the employers pay these people fairly,” Sen. LaTonya Johnson (D-Milwaukee) said. “These are the same people who have to rely on child care subsidies, who have to rely on Medicaid.”

Pfaff said in a statement that he voted for the bill because “hard working people continue to feel the pressure of rising costs every time they go to the grocery store, pay their rent and utility bills, and receive their new health insurance premium.” 

SB 69, which will allow teachers who spend money on classroom expenses to claim a subtraction on their state income taxes of up to $300, passed unanimously. 

Three education bills pass

The Senate voted 18-15 to concur in AB 602, a bill that instructs Evers to opt into the federal school choice tax credit program. It now goes to Evers. 

A provision in the federal law signed by President Trump will provide a dollar-for-dollar tax credit of up to $1,700 to people who donate to a qualifying “scholarship granting program” to support certain educational expenses including tuition and board at private schools, tutoring and books, but governors must decide whether to opt in and have until Jan. 1, 2027 to do so.

Sen. Mary Felzkowski (R-Tomahawk) said during a press conference that the program would help provide additional funding to students without using state dollars. She emphasized that if the state doesn’t opt in, then Wisconsinites could still benefit from the credit by donating to programs in participating states, but those dollars would not go to Wisconsin students.  

“We want to see those dollars stay in Wisconsin,” Felzkowski said. 

Evers has previously said he wouldn’t opt the state into the program. He could veto the Republican bill instructing him to do so when it arrives at his desk. 

Sex ed legislation

SB 371 passed 18-15 along party lines. It would add requirements for school districts that provide human growth and development programs to show high definition video of the development of the brain, heart, sex organs and other organs, a rendering of the fertilization process and fetal development and a presentation on each trimester of pregnancy and the physical and emotional health of the mother. It now goes to the Assembly for consideration. 

Roys, the Madison Democrat, criticized the bill as being part of a “nationwide effort by some of the most extreme anti-abortion… to try to indoctrinate young children.” She noted that some of Wisconsin’s prominent anti-abortion organizations support the bill including the Wisconsin Catholic Conference, Pro-Life Wisconsin and Wisconsin Right to Life. 

Felzkowski, the GOP author of the bill, said young people deserve to know “what happens to them, what happens to their body, what happens to a fetus… What are you afraid of? Why would a child having knowledge scare you?”

The Senate concurred in AB 457 18-15 and will now go to Evers for consideration. The bill would require Wisconsin school districts to submit their financial reports to the Department of Public Instruction (DPI) on time before they can ask voters for funding through a referendum. It was introduced in reaction to Milwaukee Public Schools approving a large referendum and a subsequent financial reporting scandal in 2024.

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Wisconsin Republicans are pushing to eliminate diversity initiatives throughout the state with a constitutional amendment that will likely go to voters this fall and through a government efficiency effort that seeks to cut DEI training and programs. | Illustration by stellalevi/Getty Images Creative

Republican efforts to target diversity, equity and inclusion (DEI) programs throughout Wisconsin are advancing this week with a constitutional amendment likely to appear on ballots this fall following a Wednesday Senate vote. 

For the last several years, Republican lawmakers have sought to limit DEI in Wisconsin including by introducing bills that were vetoed by Gov. Tony Evers, holding hostage pay raises for the University of Wisconsin system employees during negotiations to limit DEI, and now, placing a constitutional amendment before voters. The efforts come as the Trump administration has also targeted DEI in the federal government and throughout the country.

“It’s just a larger attack that we’re seeing in this country against anything that uplifts our most marginalized communities…,” Chair of the Legislative Black Caucus Sen. Dora Drake (D-Milwaukee) told the Wisconsin Examiner in an interview. “This started even before, you know, President Trump was elected. There’s just been a pushback with these programs and it’s because we’re starting to see some progress.” 

The Wisconsin State Senate will vote this week on a constitutional amendment that would prohibit local governments from “discriminating against, or granting preferential treatment to” anyone based on race, sex, color, ethnicity, or national origin. The proposal was first introduced and passed by the Republican-led Legislature in 2024. It is one of three constitutional amendment proposals that voters may have the final say on in November.

Drake has been seeking to increase awareness of the anti-DEI constitutional amendment over the last week.

Constitutional amendment proposals must pass two consecutive sessions of the state Legislature before they are  placed on ballots. In recent years, Republicans have, with mixed results, relied on constitutional amendment proposals to bypass Democratic Gov. Tony Evers.

If AJR 102 passes on Wednesday, voters will see the following question on their ballots in November: “Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”

Authors of the amendment, including Rep. Dave Murphy (R-Hortonville), have said the proposal will restore “merit, fairness and equality to government practices from the state Capitol, all the way down to our school boards and everything in between.” It passed the Assembly last week. 

Drake counters that Republican lawmakers are misleading Wisconsinites. 

“Legislative Republicans had the opportunity to expand economic and educational opportunities for all Wisconsinites. They’re the ones that have power, and yet they chose not to,” Drake said. “They are now trying to pin the reason why people are struggling on Black and brown people, women and other minority Wisconsinites for their failures by misleading people with what this ballot measure would do.”

Drake brought together Black leaders in Milwaukee including Mayor Cavalier Johnson and Milwaukee County Executive David Crowley, who is running for governor, to speak against the constitutional amendment proposal. 

Johnson said at the press conference that the city complies with state and federal law. 

“As mayor of a majority-minority city, I know firsthand that when every resident has the tools and every resident has the resources at their disposal to succeed, the entire community is strong,” he said. 

Drake has spoken about the risk of losing programs including the state’s Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin. She also says she thinks the proposal could have farther reaching consequences. For example, she said, she thinks the Holocaust education bill that lawmakers passed and Evers signed last session could be disallowed. That effort was approved in the same year that the state enacted legislation to require education on Hmong and Asian American history in schools.

“The reality is in the constitutional amendment resolution they’re putting forth, it applies for any type of public dollars, so… if our public schools and school boards put money towards that, in a way, you’re giving preferential treatment to teaching that specific history,” Drake said. “It’s so much more than just the programs… that Milwaukee county and the city have.”

“They’re saying that this constitutional amendment would prevent discrimination, but then it’s preventing the government from taking actions when discrimination actually happens, so essentially, you’re outlawing accountability when discrimination does occur,” Drake said. 

The Senate will vote on the proposal just days after Martin Luther King Day. Republican lawmakers have cited the civil rights leader’s teachings as justification for the amendment. 

“The principle of a colorblind equality and merit-based decision-making is again articulated by one of their greatest civil rights leaders, Dr. Martin Luther King Jr,” Sen. Steve Nass (R-Whitewater), the other lead author of the proposed amendment, said at a hearing in the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee on Jan. 7. “Using immutable characteristics like race, sex, color, ethnicity, national origin and the like to discriminate against or grant any individual or group is wrong, no matter who it targets or what the reason, it creates distrust and injust division and represents resentments that divide people instead of uniting them. Past discrimination, however wrong, cannot be corrected with more discrimination.” 

Nass said the amendment would ensure people are hired, promoted, selected and admitted to school in the “same way we choose people for our Olympic team.” 

Drake said the lawmakers who are citing MLK misunderstand his legacy. 

“The reality is that he was someone that was a pioneer in his time and he wasn’t liked because he actually challenged and named the systematic structures that cause disparities throughout this country,” Drake said. “He actively called out his fellow white faith leaders on why they were silent in the face of injustice. He never advocated for a so-called colorblind society. What he was advocating for was that people have access to opportunity.”

GOAT report identifies recommendations to eliminate DEI

The goals of the amendment — and the broader desire to eliminate DEI — were on display during an informational hearing in the Assembly Government Operations, Accountability and Transparency (GOAT) committee on a recent report compiled by Rep. Shae Sortwell.

The Republican from Two Rivers used his authority on the GOAT committee, which was created to be the state’s version of the federal Department of Government Efficiency (DOGE), in February 2025 to begin investigating DEI practices in local government. He submitted open records requests to Wisconsin’s 72 counties, the 50 largest municipalities throughout the state and all school districts.

The resulting report released on Jan. 9 was more than 80 pages long. Sortwell also listed thousands of pages of records from counties and municipalities on his website. 

During a Jan. 15 hearing on the report, Sortwell told the GOAT committee that he wanted it to be a “fact-finding” mission. The Wisconsin Counties Association helped guide counties in responding to the requests.

“This is what we found so that you can draw your own conclusions as to what you think,” Sortwell said.

Four counties Buffalo, Richland, Sawyer and Waupaca didn’t have relevant records to share. 

Pierce County did not provide any records to the committee and was identified as uncooperative, according to the report. Sortwell noted during the hearing that Pierce is small and it is possible that is the reason they didn’t reply. 

The following municipalities reported that they had no records: Ashwaubenon, Brookfield, Caledonia, Fond du Lac, Fox Crossing, Germantown, Howard, Marshfield, Menasha, Menominee Falls, Mequon, Mount Pleasant, New Berlin, Oak Creek, Oconomowoc, Pleasant Prairie, West Bend and Wisconsin Rapids. Janesville and Sheboygan failed to provide records to the committee. 

Sortwell discussed spending that some counties, including Rock, Milwaukee and Waukesha, did on DEI training and a “disproportionality” conference hosted by the Department of Public Instruction (DPI) in 2024.

He also highlighted the report’s finding that the Manitowoc mayor attended 24 DEI-related trainings between 2021 and 2023 for a cost of $4,000.

“I’m trying to understand what he didn’t get in the first 23… Is he so racist and homophobic or something that you couldn’t manage to figure out not to treat people badly because they’re different from him in the first 23?” Sortwell said. “Where’s the controls here?”

The report listed a number of recommendations for potential bills lawmakers could pass including one to remove DEI language from state grants, to “prohibit all levels of government from contracting with vendors within a discriminatory DEI lens,” to remove the term “health equity” from all state laws and administrative codes, to prohibit policies and practices relating to equity, prohibit the hiring of DEI staff and use of DEI terminology throughout government, the use of funds for DEI trainings and the requirement that employees participate in such trainings and to prohibit DPI from requiring that school districts “adhere to discriminatory and race-based policies and practices, including spending local tax dollars to fund such.”

Sortwell said he thought the constitutional amendment would take care of some of the recommendations, but that other measures could be needed.

Chair of the committee Rep. Amanda Nedweski (R-Pleasant Prairie) said at the hearing that she thought the report “presents a lot of high-level evidence, probably just scratching the surface really, for why we need this constitutional amendment.”

Sortwell said the recommendations included in the report were based on his judgment.

Democratic lawmakers on the committee, however, spoke to the value of DEI work and questioned the framing and findings of the report.

Rep. Angelina Cruz (D-Racine) told the Wisconsin Examiner that the report includes “gross mischaracterizations” of DEI and “reflects a deep misunderstanding of what DEI is,” and said she would frame the report as more of a “witch hunt” than an investigation.

Cruz said she thought the process of compiling the report was not transparent. She noted that Sortwell’s work on the report was not discussed with Democratic members of the committee before he started and that lawmakers did not have much time to review the thousands of pages before the hearing. 

“If you want to talk about waste, fraud and abuse of taxpayer money, it is to waste public servants’ time and our taxpayer resources on generating the data that produce these conclusions that are not grounded in good research methodology,” Cruz said. 

Rep. Mike Bare (D-Verona), the ranking member of the committee, told Nedweski during the hearing that he found her comment troubling.

“I don’t want to make a partisan game here, but I think there’s one side who sees these as not valuable and one side that does see them as valuable,” Bare said. 

The report noted that local health departments have prioritized “health equity” — noting that the Wisconsin Department of Health Services (DHS) includes in its rules that local health departments work to help create it. The report called “health equity” a “phantom DEI term.” 

Republicans and Democrats then engaged in a back and forth about the meaning of the term health equity.

“I don’t think we should be treating people differently because they check some box… that’s equality and I support that, and equity says I want a certain outcome, so I’m going to rig the system,” Sortwell said. 

“I don’t think you have to rig the system — and I don’t think a lot of the things that you’ve pointed out are about rigging the system — services for moms or children support services,” Bare said. “We’re trying to allow for an outcome to be possible… You’ve got 50,000 pages. You didn’t do any analysis to tell us why this is bad. There is a lot more that goes into [the question] should we have health equity or not beyond ideology.”

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Colbey Decker, a WILL client who alleges her white son who struggles with dyslexia faced racial discrimination in the Green Bay Area School District, testified in favor of a proposed amendment to the state constitution outlawing government programs that promote diversity, equity and inclusion. (Photo by Baylor Spears/Wisconsin Examiner)

Two constitutional amendment proposals that could be on Wisconsinites’ ballots in November received public hearings on Tuesday, including one to eliminate diversity, equity and inclusion (DEI) programs from state and local governments and one to bar the governor from issuing partial vetoes that increase taxes. 

Constitutional amendment proposals in Wisconsin must pass the state Legislature in two consecutive sessions and receive majority approval from voters to become law. Each proposal is on its second consideration, meaning if they pass the Senate and Assembly, each would appear on voters’ ballots in November alongside a slate of consequential races including for governor, Congress and the state Legislature.

One of the proposed constitutional amendments, SJR 94, takes aim at DEI programs throughout state and local government in Wisconsin. Republicans have been targeting DEI programs for years and have at times found success, including when they elicited concessions from the University of Wisconsin system in 2023. 

If the proposal passed the Senate and Assembly, voters will see on their ballots the question “Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”

Sen. Steve Nass (R-Whitewater) told the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee that the proposal would “ensure that we hire, promote, select, and admit people to our unit, public universities, schools and government agencies the same way we choose people for our Olympic team, military and sports teams — through merit, character, ability and hard work without regard to race, sex color, ethnicity or other immutable characteristics.” 

Sen. Dora Drake (D-Milwaukee) asked the authors of the proposal how they define “preferential treatment” and whether they know about the types of programs the amendment would eliminate.

“I don’t know how deep it is in hiring, contracting… I would say if the criteria for making your choice deals with race or sex, then that’s not appropriate,” Rep. Dave Murphy (R-Hortonville) said.

Drake brought up the state’s Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin. 

“Everyone should have access to opportunity. The reality is that our state historically has not shown that. That [program] was created because we have minority-owned businesses that were seeking opportunities for state contracting and they weren’t getting them, and that was based on relationships, it was based on race… and so this was implemented as a protective measure to ensure that people weren’t being discriminated against,” Drake said. “We’re pushing this forward when we still haven’t addressed what’s happening. If we’re doing this based on merit, then I would argue that there’s plenty of different minority-owned businesses that would be more than qualified, but they don’t get them, and you have to ask why.”

“They may be qualified, but are they the most qualified?” asked Sen. Chris Kapenga (R-Delafield). “And what this does is it takes away… the sex, the gender all of those items that the U.S. Constitution lays out as this is something that you can’t discriminate against. If you discriminate against a male because he’s a male, that’s still discrimination.” 

Dan Lennington, the Wisconsin Institute for Law and Liberty’s managing vice president and deputy counsel, said the bill would help to ensure that Wisconsin is “color blind.”

Lennington leads the conservative legal organization “Equality Under the Law Program,” and spoke to the number of lawsuits they’ve engaged in on the issue.

“We sued [former President] Joe Biden 12 times. We have five lawsuits pending against President [Donald] Trump right now based on race discrimination. We have a lot of things in the pipeline against the state of Wisconsin… We’d love to sue over the Minority Supplier Program. We haven’t gotten to it yet” Lennington said. “A constitutional amendment would, especially a new attorney general, would wipe all this clean and enforce the law as it’s already written, and would really help bring this to an abrupt end. Otherwise, there’s going to be decades more of this litigation.” 

Colbey Decker, a WILL client who alleges her white son who struggles with dyslexia faced racial discrimination in the Green Bay Area School District, testified in favor of the proposed amendment. The Trump administration launched an investigation into the school district over the allegations last year. 

Decker told the committee that her son wasn’t able to receive reading services because he is white, saying that she found that the school’s “success plan” included a policy related to “prioritizing resources to First Nations, Black and Hispanic students.”

“When an educational system’s moral compass is calibrated by a child’s skin color, the system has fundamentally failed. Our family’s story has forever changed after witnessing firsthand the casual callousness of sorting my son, color-coding him and then deprioritizing him based on his race,” Decker said. “The brutal reality of DEI is that it robs all children of the dignity and respect of individuality.” 

Curtailing executive partial veto power

SJR 116 would limit the governor’s partial veto power by prohibiting any vetoes from “creating or increasing or authorizing the creation or increase of any tax or fee.”

Lawmakers introduced the proposal last session in response to Gov. Tony Evers’ partial veto on the last state budget that extended school revenue increases for an additional 400 years. He did so by striking two digits and a dash from the years to extend the annual increases through 2425. The action was upheld by the state Supreme Court in April 2025. 

Rep. Amanda Nedweski (R-Pleasant Prairie) said the school revenue increases that are resulting from the partial veto are “unaffordable” and “unsustainable” for Wisconsinites.

“No governor, Republican or Democrat, should be able to single-handedly raise taxes on Wisconsin families with the stroke of his pen. The governor is not a king,” Nedweski said. “This constitutional amendment reigns in that power, restores the proper balance between the branches of government and ensures taxpayers are protected from runaway tax increases in the future.”

A recent Wisconsin Policy Forum report found that Wisconsin property taxpayers’ December bills included the highest increase since 2018 and warned property taxpayers could see similar increases to their property taxes in the future.

“We did all get a kick in the pants with property taxes this year… we’re gonna get another wack in 2026 in December,” Nass said during the hearing. 

Drake said the bill appeared to be a “grab for power.” 

Kapenga, one of the proposal authors, pushed back on the comment, saying if he were governor, he would sign a bill from Drake eliminating the governor’s ability to levy such a veto. 

“I do not like the power that the governor has in this state, regardless of who it is,” Kapenga said. “The power of the people should be vested in the Legislature, not in the executive branch.”

The question voters would see is: “Shall section 10 (1) (c) of article V of the constitution be amended to prohibit the governor, in exercising his or her partial veto authority, from creating or increasing or authorizing the creation or increase of any tax or fee?”

Constitutional amendments have been used to limit the partial veto power in a couple other scenarios, including in 1990 when voters approved the prohibition of the “Vanna White” veto, or eliminating single letters within words, and in 2008, when voters approved, eliminating the “Frankenstein veto” — or the ability for governors to create new sentences by combining parts of two or more sentences.

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Communism and socialism oppose capitalism but are different ideologies, despite the terms sometimes being used interchangeably.

Communism: Replacing private property and a profit-based economy with public ownership and control of means of production and natural resources. Wealth divided equally, or according to need. One-party government oversees economy.

Socialism: Public, rather than private, control of property and natural resources, but allowing private property ownership. Socialism can seek to restrain capitalism through democracy or authoritarian control. 

On Oct. 2, Wisconsin state Sen. Steve Nass, R-Whitewater, called Milwaukee state Rep. Ryan Clancy a communist. Clancy, like New York City mayoral candidate Zohran Mamdani, identifies as a democratic socialist. 

Clancy’s positions include a right to legal counsel for people facing eviction, shifting funds from law enforcement to community services and eliminating property tax funding of schools.

Mamdani advocates for freezing rent, government-owned grocery stores and free child care.

This fact brief is responsive to conversations such as this one.

Sources

• Britannica: Socialism
• Britannica: Communism
• History.com: How Are Socialism and Communism Different?
• National Geographic: Socalism
• Investopedia: Communism vs. Socialism: What’s the Difference?
• Milwaukee Magazine: Meet Ryan Clancy: The Socialist Next Door
• Zohran for New York City: The Platform

Are communism and socialism the same? 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.