A new Marquette Law School poll found 80% of Wisconsinites said the Legislature should have passed a budget surplus bill that ultimately failed amid concerns about a future budget deficit. 

Gov. Tony Evers and Republican leaders announced the deal earlier this month, which would have tapped the state’s projected budget surplus to reduce property taxes, increase special education funding and provide rebates to taxpayers. They swiftly pushed it to a vote in the same week the deal was rolled out. While Evers and Republican leaders were initially optimistic, the bill passed the Assembly in a 61-32 vote only to be rejected by the Senate in a 18-15 vote.

Opposing lawmakers, including a majority of Democrats, expressed concerns about a potential budget deficit.

A memo released by the Legislative Fiscal Bureau (LFB) last Wednesday found that the state would have faced a $2.95 billion budget deficit at the end of the 2027-29 biennium had the bill been enacted. The memo examined the effects of the bill, the spending in the current state budget and other legislation passed over the rest of the legislative session.

Without the bill, the state is projected to have $525 million at the end of 2029. 

The bill included funding to boost schools’ special education reimbursement to a projected 42% in 2025-26 using $85 million and to 50% in 2026-27 school year using $230 million. There was also an additional $302.5 million for general aid to public schools, though it would have only provided property tax relief due to school revenue limits, which cap the amount schools can spend.

The bill also would have provided a $300 state income tax rebate for taxpayers whose state tax bill was at least that much in 2024 and would have eliminated taxes on tips and overtime.

Marquette conducted its survey about the bill between May 20 and 21, just a week after the measure died in the Legislature. It surveyed 454 Wisconsin adults with a margin of error of +/-5.5 percentage points.

Of those surveyed, 80% said it should have passed, 11% said it shouldn’t have passed, while 9% said they didn’t know. 

The support for the measure was bipartisan with 77% of Republicans, 81% of independents, and 82% of Democrats polled saying it should have passed. 

Sen. Dan Feyen (R-Fond du Lac) said in a statement that the poll was confirmation that Wisconsinites want the Legislature to address the affordability crisis. He criticized the Democrats who voted against it but  did not mention his Republican colleagues who voted against the deal.

“The people of Wisconsin understand something that my Democrat colleagues refuse to: when the state collects billions more than it needs, that money should go right back to taxpayers,” Feyen said. “As I’ve said before, in divided government, compromise is a necessity. Republicans accepted that reality and worked with the Governor to put forward a bill that addressed affordability, providing both immediate and long-lasting permanent relief.”

The poll also asked whether lawmakers should have acted now or waited until there was more information next year to act on the budget surplus or deficit.

Of those surveyed, 69% said it would be better to provide the spending, rebates and school aid now, while 21% say it would be better to wait until next year given fiscal concerns. 

Three Republican lawmakers voted alongside Democrats against the deal in the Senate. 

Evers’ spokesperson Britt Cudaback has said that lawmakers had the 17 Republican Senate votes necessary to pass the bill before Republican U.S. Rep. Tom Tiffany, who is running for governor, made calls lobbying lawmakers to vote against the deal. 

Sen. Chris Kapenga (R-Delafield), who voted against the deal, told WISN-12 over the weekend that Senate leadership didn’t count votes before announcing the deal, thus failing to ensure there would be enough support among lawmakers to get it done. 

“What happened was there were a couple of leaders in both the Assembly and in the Senate, along with the governor, who said we’ll just get it done and we’ll just push it to the floor and they’ll vote for it without talking to their caucus, which was really upsetting for me,” Kapenga said. “The governor also assumed that there were going to be some Democrat votes for this, too, so I think it was failed leadership on all three fronts.”

Evers has said that Democrats have put themselves into a “bad place” by not supporting the deal ahead of the midterm elections in which the governorship and control of the Senate and Assembly are up for grabs. 

“They believe that somehow putting money back into people’s pockets that are struggling financially across the state, apparently they don’t believe that’s an issue,” Evers told WISN last week. “They’re going to say, ‘Well, we’re going to fix it next time when all these wonderful things happen after Evers is gone, and we’ll get a new governor and we’ll have Democrats all over the  place.’ That’s fine. That’s a wish list, and who knows what else is going to happen, but you’re impacting kids right now.” 

According to the survey, 25% of Wisconsinites said that candidate positions on the bill would be “very important” for their November votes, while 48% said it would be “somewhat important.” 21% said it would not be too important and 6% said it wouldn’t be important at all.

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A Dane County judge dismissed a lawsuit from 15 Wisconsin children who had challenged laws they argued made climate change worse and violated their constitutional rights. 

The lawsuit was filed in August by the groups Our Children’s Trust and Midwest Environmental Advocates against the state Public Service Commission and Legislature. 

The suit argued that state lawmakers have made a number of declarations that the state’s energy production should be decarbonized and the greenhouse gas emissions of that production should be reduced, but state laws prevent that from happening. 

The state’s law for siting power plants requires that the state Public Service Commission determine that “[t]he proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use.” However the law also prohibits the PSC from considering air pollution, including from greenhouse gas emissions, in that determination. 

Additionally, the state set a goal in 2005 that 10% of Wisconsin’s energy come from renewable sources by 2015. That goal was met in 2013. However, now that the goal has been met, state law treats it as a ceiling on renewable energy the PSC can require.

In a decision issued last week, Judge Julie Genovese said she’s sympathetic to the children’s argument but that the lawsuit was asking her to weigh in on a fundamentally political, not legal, question. 

“While the court is sympathetic to the youths and admires their willingness to access the courts in their quest to protect the planet, I conclude that the case must be dismissed because environmental policy is a nonjusticiable political question,” she wrote. 

Attorneys for the Legislature had also argued that the children didn’t have standing to bring the case, pointing to a federal court decision in a similar case in California. 

But in other states similar cases have had more success. A group of Montana children successfully sued to protect their right to a clean environment in 2024. 

Tony Wilkin Gibart, MEA’s executive director, told Wisconsin Public Radio he believes there’s a strong case for the ruling to be appealed. 

“Youth plaintiffs are frustrated,” he said. “They’re also incredibly determined and have expressed a lot of resolve to continue this fight.”

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Rep. Dean Kaufert (R-Neenah) criticized heavy spending in state legislative races, which is likely to continue this year, as he announced his retirement Monday. His departure creates an open race for a swing Assembly district that could help determine control of the Assembly. 

Kaufert said in a statement that family and health concerns have led him to retirement. 

“After a great deal of thought and reflection, there comes a time when you simply know it is time,” Kaufert said.  “Family and health concerns have led me to this decision, but it is not one I make lightly.  Representing the Fox Valley has been an honor and privilege.”

Kaufert represents Assembly District 53, which encompasses Neenah, Menasha and part of Appleton. Kaufert was the mayor of Neenah from 2014 to 2022 and also previously served in the state Assembly from 1991 to 2015. 

With new, more competitive legislative maps adopted in 2024, Kaufert came out of retirement to run for the state Assembly in 2024 and won in a close race to the Democratic candidate by about 360 votes — a result that helped Republicans maintain their majority during the 2025-26 legislative session. 

“Making a difference and standing up for those who need a voice — the little guy — has been at the heart of everything I have done,” he said. 

Assembly Majority Leader Tyler August (R-Walworth) thanked Kaufert for his service in a statement. 

“Dean’s decision to return to the Legislature for one more term speaks to his commitment to public service and to this institution. He didn’t have to come back but he chose to step forward and serve again, and we are better for it,” August said. 

Kaufert’s retirement means Republicans will not have the advantage of incumbency in the race for his seat and opens up the race for the district, which will help determine control of the state Assembly in 2027. 

Republican lawmakers currently hold 54 seats in the Assembly to Democrats’ 45 seats, meaning Democrats  would need to hold all their seats and win five additional seats in November to win the majority. 

Kaufert is now the eighth Assembly Republican to decide against running for reelection this session — the first from a swing district. 

Devin Remiker, chair of the Democratic Party of Wisconsin, said in a social media post that the seat is crucial for an Assembly majority, noting that when the district elected Kaufert, it also voted for former Vice President Kamala Harris in the 2024 presidential race by 4.4 percentage points. The district recently voted for Justice-elect Chris Taylor, the Democratic-backed candidate in the April state Supreme Court race by 27.5 percentage points. 

“Republicans see the writing on the wall and the big victory in April has made it clearer than ever that change is coming to Wisconsin this November,” Remiker said. 

Other Republican lawmakers are planning their reelection bids including two incumbents from swing districts: Rep. Shannon Zimmerman (R-River Falls) and Rep. Benjamin Franklin (R- De Pere). 

In his announcement, Kaufert said the political environment in the state Assembly has improved and has led to more bipartisan work, but criticized the increasing negativity and spending in campaigns for office. 

“Campaigns have become increasingly more negative, with vicious personal attacks and an overwhelming influx of out-of-state special interest money,” Kaufert said. “The ‘win-at-all-costs’ mentality — where opponents are too often demonized and unfairly personally attacked — has taken a real toll on me and my family.”

Kaufert said that both parties are to blame, but called the amount of spending by Democrats on his seat, which pays a salary of about $60,000, “ridiculous.” In 2024, Kaufert’s Democratic opponent spent $1.76 million in his campaign for the seat. Kaufert spent $1.24 million, according to campaign finance reports.

Spending on campaigns will likely continue to increase this year, especially with control of the chambers on the line, and Democrats are already investing in the seats that could help determine control.

The Assembly Democratic Campaign Committee, the fundraising arm for the Assembly Democratic caucus, contributed $1 million to Rep. Steve Doyle’s reelection campaign, according to his latest campaign finance reports. It was the most of any Assembly incumbents, according to WisPolitics. The Onalaska Democrat is one of the most “vulnerable” Democratic incumbents, having won his last election in 2024 by just 223 votes. 

Wisconsin election campaign finance laws, adopted in 2015 under the leadership of former Gov. Scott Walker and the Republican-led Legislature, allow political parties to accept unlimited donations from individuals and corporations and transfer unlimited funds to state-level candidates, including those for Assembly. 

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What are the odds the soon-to-retire Republican leaders of the state Legislature are seriously considering Gov. Tony Evers’ call to end partisan gerrymandering? 

Evers called the special session that began and ended with no action this week, asking legislators to take up a constitutional amendment to ban the practice of drawing voting maps that give a disproportionate advantage to one political party. 

Legislators didn’t exactly refuse — they’ve kicked the can down the road, adjourning temporarily until later this month. As Baylor Spears reports, Senate Majority Leader Devin LeMahieu explained that legislators need to “gain public input in order to make an informed decision on how to proceed.” Assembly Speaker Robin Vos and Majority Leader Tyler August said they want to have more discussions with Evers to reach a “transparent and balanced solution that reflects the interests of all Wisconsinites.” 

Or maybe they just want to run out the clock, do nothing and then blame the governor for their failure to act. 

After all, President Donald Trump, the Republicans’ national leader, has been strong-arming GOP legislators in red states to hold extraordinary mid-decade redistricting sessions to draw him some extra seats to shore up an unpopular Republican House majority. Wisconsin Republicans would be swimming against the tide if they made their last act in office a good-government effort to lock in fair maps. 

Giving up power is not exactly on brand for Wisconsin Republicans. These are the same legislators who drew themselves into the most partisan gerrymandered districts in the country back in 2010. When it came time to draw another round of maps after the 2020 census, they gathered copious public input, holding hearings in which an overwhelming majority of voters told them that they wanted fair maps, and then ignored the public and gerrymandered the maps again. Only after the state Supreme Court declared those maps unconstitutional did they relent and accept 50/50 maps that lean slightly toward Republicans majorities.

Now they’re quitting in droves rather than work in a Legislature where they’ve lost the disproportionate power they conferred on themselves through gerrymandering.

Still, staring down the possibility of Democratic trifecta control of government, it’s possible Republicans could take the long view and try to protect their 50/50 stake before the other party has a shot at redrawing the districts. 

Then again, Republicans have shown very little appetite for that kind of sensible, good-government approach. As the Milwaukee Journal Sentinel reported this week, Republican legislative leaders are paying private attorneys $550 per hour in taxpayer money to defend their practice of hiring private attorneys at the taxpayers’ expense.

This freewheeling expenditure of your tax dollars follows a lawsuit filed by the public interest law firm Law Forward in February challenging the use of expensive private attorneys by GOP leaders. That practice started in the lame duck session after Evers was first elected, when Republican legislative leaders began frantically grabbing powers from the new Democratic administration. 

“It’s all about an unwillingness to exist within the bounds of checks and balances,” says Jeff Mandell of Law Forward. “It smacks of a sense that the Legislature, and particularly its leadership, is beyond accountability.”

That kind of arrogance is on its way out, along with the legislative leaders who, for more than a decade, treated government as their private club, hoarding power and ignoring the will of the voters. The best way to make sure it never returns is to permanently guarantee fair maps.

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Republican lawmakers left open Gov. Tony Evers’ special session on gerrymandering on Tuesday, saying they want to have further conversations with Evers about the issue. Evers and Democratic lawmakers criticized the lack of action. In a statement, Evers said “there’s nothing to negotiate.” 

The open-ended special session began even as lawmakers and Evers continue to discuss a possible deal on property taxes and school funding.

Evers announced his intention to call the special session in February, urging lawmakers to pass a constitutional amendment to ban partisan gerrymandering. He officially ordered the session in March. The constitutional amendment would include language to expressly prohibit drawing districts that give a disproportionate advantage or disadvantage to any political party. It would not lay out a new process for drawing maps.

Wisconsin adopted new legislative maps in 2024 following a state Supreme Court decision that found the previous maps were an unconstitutional gerrymander. The maps will be in place until 2030 when redistricting happens again. Unless there is a change to the current process, lawmakers will again be in charge of drawing new maps in 2031.

Ahead of the noon start time for the session, Assembly Speaker Robin Vos (R-Rochester) and Assembly Majority Leader Tyler August (R-Walworth) announced their intentions to leave the session open in a statement. They said they did so in “an effort to continue meaningful dialogue.”

“We view the Governor’s proposal as a first step on which to build a more comprehensive, workable solution for Wisconsin,” the leaders said, adding that they want a face-to-face meeting with Evers to discuss ideas. “We’re committed to a transparent and balanced solution that reflects the interest of all Wisconsinites.”

Evers, who is serving his last year in office, has called special sessions many times over his two terms including on abortion, gun violence and the state budget. Republicans typically have gaveled in and out of them without taking action or have completely rewritten his proposals.

Senate Majority Leader Devin LeMahieu said in a statement that “any changes to the current process have to be made intentionally and specifically using normal legislative procedure” and that “leaving the special session open allows the legislature to gain public input in order to make an informed decision on how to proceed.” 

“In nearly every instance in which Republicans did not immediately gavel out of the governor’s special sessions, Republicans simply quietly gaveled out months later, largely to avoid press interest, bad headlines, and public scrutiny and accountability,” Evers’ spokesperson Britt Cudaback wrote in a social media post.

The Senate and Assembly adjourned until Thursday morning. 

Evers said in a statement after that there is “nothing to negotiate” and urged lawmakers to take action on the constitutional amendment. 

“Rigging maps so that one political party stays in power is wrong, it’s anti-democratic, and it’s un-American — there’s nothing to negotiate because there’s no room for compromise when it comes to making sure Wisconsinites’ voices matter and their votes count,” Evers said. “This is a first step — if we don’t get a ban on partisan gerrymandering put in Wisconsin’s constitution, lawmakers will never be forced to create the independent and nonpartisan redistricting process Wisconsinites deserve. Lawmakers either want to ban partisan gerrymandering in Wisconsin or they don’t.” 

As the Republican leaders in the Assembly and Senate gaveled in and adjourned the sessions, Democratic members remained on  the floor of each chamber to voice their opposition to Republicans’ lack of action.

Senate Minority Leader Dianne Hesselbein (D-Middleton) and Sen. Mark Spreitzer (D-Beloit) held a press conference to criticize Republican lawmakers for not showing up to debate the measure.

“It is a shame that Senate Republicans are refusing to do their jobs when the Senate Democrats are in the Senate chamber, ready to discuss, debate and pass the constitutional amendment banning partisan gerrymandering,” Hesselbein said. 

Hesselbein said every Senate Democrat would have voted in favor of the proposal. She also said that none of her Republican Senate colleagues had contacted her and she didn’t know whether they actually planned to come back. 

Spreitzer said that gerrymandering has led to elected officials ignoring issues that matter to voters. 

“We’re seeing the last vestiges of that right now, as lame duck Republicans who are afraid to run on fair maps aren’t even coming in to take up this issue ahead of this coming election,” he said. “We only have fair legislative maps now because of court action, but our work is not done. There will be another redistricting cycle after the next census after 2030, and we need to lock in constitutional protections to make sure that our maps are never gerrymandered again.” 

Spreitzer noted that the constitutional amendment would also provide legal grounds for a court challenge if there are gerrymander attempts in the future.

As a constitutional amendment, Evers’ proposal would need to pass in two consecutive sessions of the state Legislature before it would go to voters for the final say. 

Bianca Shaw, the Wisconsin state director for Common Cause, told the Wisconsin Examiner that the lawmakers subverted expectations for the session, but that she hopes it isn’t just about “optics” and that policymakers will take the time to listen to Wisconsinites about the issue. 

“I think that what the constituents want, what voters want, is most important,” Shaw said. “I think that it is constructive that it wasn’t outright dismissed but words alone won’t help reform, and so what I’m looking for is for legislative leaders to go into their communities and see what their constituents want.” 

Shaw said she thinks there are some shifts happening in lawmakers’ openness in part due to upcoming elections and as many are facing competitive races.

“I think that what is happening right now in the state of Wisconsin is our legislators, on both sides, on all sides, are understanding that they have to earn their votes.”

Shaw said the constitutional amendment would be a valuable signal, but not the full solution. Common Cause, which is a part of the Fair Maps Coalition, supports an independent redistricting commission proposal, which would take the job of drawing maps out of lawmakers’ hands. 

Negotiations on property taxes, school funding

Gerrymandering is not the only issue lawmakers and Evers are considering as they continue to seek a deal on tax relief and school funding. 

Wisconsin has a surplus of more than $2 billion and policymakers are seeking to tap it to provide property tax relief to citizens, who have seen large increases in their bills, as well as to  provide additional funding to school districts, which have seen a steady decline in state aid.

According to the Milwaukee Journal Sentinel, Evers told reporters on Monday that he and lawmakers were still talking about a potential deal.

“Before they disappear completely from Madison we need to get that done,” Evers said. “So we’re still talking.” 

According to WisPolitics, Vos said in a social media post that he had been in discussions with Evers for nearly a month and “our proposal encompasses property tax relief, rebate checks, tax exemption on tips and overtime, and enhanced special education funding for schools.” 

Other members of the Assembly Republican caucus, including Rep. Calvin Callahan (R-Tomahawk) also posted about the framework for the deal. 

However, it is unclear whether Senate Republicans are part of those negotiations or whether they are close to agreeing. LeMahieu declared that he was excluded from previous negotiations and the Senate did not go along with what Vos and Evers agreed. 

“Let’s hope we can convene the Legislature (we need the GOP State Senate to agree) soon so we can get this package enacted,” Vos said.

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