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Tesla is suing to open dealerships in Wisconsin. It’s become a big deal in state’s Supreme Court race

Cybertruck at a Tesla dealership
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Tesla CEO Elon Musk and political groups he backs are pouring millions of dollars into the race for a seat on the Wisconsin Supreme Court as the electric vehicle company sues to overturn a state law that prevents it from opening dealerships — a case that eventually could make its way to the high court.

Tesla’s multiple attempts to open its own dealerships in Wisconsin keep running up against a state law that allows only third parties, not auto manufacturers, to operate them. The company filed a lawsuit in January seeking an exemption, just as two Musk-backed political action committees started supporting the Republican-backed candidate, Brad Schimel, over his opponent, Susan Crawford, who is supported by Democrats.

Musk, who is the world’s wealthiest person and is running President Donald Trump’s initiative to slash the size of the federal workforce, has given $3 million to the Wisconsin GOP while groups he supports have funneled more than $17 million into the race. The contributions are part of an extraordinary spending spree in the race, making it by far the most expensive judicial race on record in the United States. Total spending has eclipsed $80 million with days still to go before the final day of voting on April 1.

Schimel’s critics have accused Musk of trying to buy a favorable ruling for Tesla should the dealership case make it to the state Supreme Court. Here are details of the law and Musk’s lawsuit:

Why can’t Tesla set up Wisconsin dealerships?

State statutes generally prohibit vehicle manufacturers from owning or operating dealerships in Wisconsin and give that franchise to third parties. The law was intended to prevent manufacturers from undercutting independent dealerships.

Nearly 20 states have similar prohibitions, according to the National Conference of State Legislatures. The laws took hold in the 1930s as carmakers started to rely on independent dealerships to sell and service vehicles so they could focus on production. Later, independent dealers wanted to prevent manufacturers from opening their own dealerships and driving them out of business.

Tesla sells its vehicles directly to consumers, who can have their vehicles shipped directly to them or to dealerships in 27 states. Because the company can’t set up its own dealerships in Wisconsin, buyers there must have the cars delivered to them or travel to dealerships in neighboring Minnesota or Illinois to pick them up.

Tesla officials have been working for almost a decade to secure an exemption from the law. In 2017 and 2021, Republican legislators introduced bills that would permit Tesla dealerships, but none of those made it out of the Legislature. They inserted an exemption for Tesla dealerships into the 2019-21 state budget, but Democratic Gov. Tony Evers used his partial veto powers to erase the provision.

The Wisconsin Automobile and Truck Dealers Association has been fighting to preserve the law. Bill Sepic, the association’s president and CEO, told The Associated Press that Tesla should have to follow the law like any other vehicle manufacturer. He said the statutes exist to enable third parties to act as consumer advocates “in making one of the larger purchases of their life.”

What is the company doing now?

Tesla filed a lawsuit in state court in January seeking permission to open four dealerships in Wisconsin.

The company argues that independent dealers wouldn’t meet its standards and says selling vehicles at its own dealerships is in the public interest because unaffiliated dealers’ prices are higher and less transparent.

Its lawsuit says that the state law barring manufacturers from running their own dealerships violates economic liberty rights and that the prohibition exists only to protect independent dealers from competition.

The case is pending in Milwaukee County Circuit Court, though no hearings have been scheduled.

The state Justice Department is defending the law. An agency spokesperson declined to comment.

How did Musk get involved in the state Supreme Court race?

Schimel, the conservative state Supreme Court candidate, is vying with Crawford for an open seat on the high court.

The race is the most significant election nationally since the November presidential contest, providing an early barometer for Republicans and Democrats given the intense interest and outside spending it has generated. It also will determine whether the highest court in the perennial presidential battleground state will flip from liberal to conservative control with major cases involving abortion, union rights and congressional redistricting on the horizon.

Wisconsin Supreme Court candidates Susan Crawford, left, and Brad Schimel
Wisconsin Supreme Court candidates Susan Crawford, left, and Brad Schimel wait for the start of their debate March 12, 2025, at the Lubar Center at Marquette University Law School’s Eckstein Hall in Milwaukee. The hourlong debate was the first and only debate between the candidates ahead of the April 1 election. (Joe Timmerman / Wisconsin Watch)

Eight days after Tesla filed the Wisconsin dealership lawsuit, Musk tweeted: “Very important to vote Republican for the Wisconsin Supreme Court to prevent voting fraud!”

To be clear, there has been no evidence of widespread voting fraud in Wisconsin. Democrat Joe Biden’s victory in the state over then-President Donald Trump in 2020 was affirmed by a recount and an independent audit. Trump, a Republican, won the state last November and offered no objections then to the voting or ballot-counting.

According to a tally from the Brennan Center for Justice, Musk-backed groups America PAC and Building America’s Future have spent more than $17 million to support Schimel with ads and flyers. The money he donated to the state Republican Party has been used to help Schimel, who has been endorsed by Trump.

Are the candidates focused on the Tesla case?

Crawford’s supporters contend the timing of the contributions show Musk is trying to ensure that Schimel wins and creates a conservative majority on the court that ultimately would rule in Tesla’s favor. Crawford said during a debate with Schimel this month that Musk “has basically taken over Brad Schimel’s campaign.”

Sepic, president of the state dealership association, said Wisconsin should elect the candidate who enforces the prohibition but declined to comment when asked if he thought Schimel or Crawford would do that.

Schimel has repeatedly said he would treat any case involving Tesla the same as any other when he considers whether to hear it or recuse himself. Schimel also has insisted that the donations from Musk and his groups do not make him beholden to them.

Crawford has said the same thing about billionaires who have donated to her campaign, including George Soros and Illinois Gov. JB Pritzker. Soros has contributed $2 million and Pritzker $1.5 million to the Wisconsin Democratic Party, which has funneled the money to Crawford’s campaign.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Tesla is suing to open dealerships in Wisconsin. It’s become a big deal in state’s Supreme Court race 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 election officials to force depositions for Madison workers over uncounted ballots

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Wisconsin election officials voted Friday to force Madison city workers to sit for depositions as they try to learn more about how nearly 200 absentee ballots in November’s election went uncounted.

The uncounted ballots in the state’s capital city didn’t affect any results, but the Wisconsin Elections Commission still launched an investigation in January to determine whether Madison City Clerk Maribeth Witzel-Behl violated state law or abused her discretion. She didn’t notify the elections commission of the uncounted ballots until December, almost a month and a half after the election and well after the results were certified on Nov. 29.

Commissioners astounded at failure to count ballots

The commission hasn’t made a decision yet on whether Witzel-Behl acted illegally or improperly, but commissioners appeared flabbergasted at the failure to count the ballots as they reviewed the investigation during a meeting Friday. Chair Ann Jacobs was particularly incensed with Witzel-Behl for not launching her own in-depth probe immediately.

“This feels like a complete lack of leadership and a refusal to be where the buck stops,” Jacobs said. “You don’t get to put your head in the sand for weeks. … I am genuinely shocked by this timeline.”

Don Millis said it was a “travesty” that the ballots were never counted. “You’re telling the world that these 193 people didn’t vote in what many thought was the most consequential election of our lifetime,” he said.

What did the commission decide to do?

The commission voted unanimously to authorize Jacobs and Millis to question Madison city employees in depositions — question-and-answer periods usually led by attorneys in which the subject gives sworn testimony. Jacobs said she would confer with Millis about who to question, but Witzel-Behl will likely be one of the subjects.

Madison city attorney Mike Haas, who was in the audience, told The Associated Press outside the meeting that he would not fight the depositions. “The city wants to get to the bottom of this as much as anyone else,” he said.

The commission also voted unanimously to send a message to clerks around the state informing them of the problems in Madison and warning them to scour polling places for any uncounted ballots during the upcoming April 1 election. Jacobs said she plans to call for more substantial changes to state election policy going into the 2026 elections after commissioners learn more about what happened in Madison.

The investigation’s findings so far

The city clerk’s office discovered 67 unprocessed absentee ballots in a courier bag that had been placed in a security cart on Nov. 12, the day election results were canvassed.

Witzel-Behl said she told two employees to notify the elections commission, but neither did. A third employee visited the Dane County Clerk’s Office in person to inform officials there of the discovery. That employee said he didn’t remember what the Dane County clerk said, but he recalled a “general sense” that the county would not want the ballots for the canvass.

The Dane County clerk, Scott McDonell, told the commission that he knew nothing of the uncounted ballots until they were reported in the media.

The clerk’s office discovered another 125 uncounted absentee ballots in a sealed courier bag in a supply tote on Dec. 2. Witzel-Behl said she didn’t inform county canvassers because the canvass was finished and, based on the county’s response to Nov. 12 discovery, she didn’t think the county would be interested.

The elections commission wasn’t notified of either discovery until Dec. 18. Witzel-Behl said the employees she asked to notify the commission waited until reconciliation was completed. Reconciliation is a routine process in which poll workers and elections officials ensure an election’s accuracy, including checking the number of ballots issued at the polls to the number of voters.

Holes in protocols

The investigators noted that Madison polling places’ absentee ballot logs didn’t list the number of courier bags for each ward, which would have told election inspectors how many bags to account for while processing ballots.

City election officials also had no procedures for confirming the number of absentee ballots received with the number counted. Witzel-Behl said that information was emailed to election inspectors the weekend before the election, but no documents provided the total number of ballots received.

If Witzel-Behl had looked through everything to check for courier bags and absentee ballot envelopes before the election was certified, the missing ballots could have been counted, investigators said.

Witzel-Behl also couldn’t explain why she didn’t contact the county or the state elections commission herself, investigators said.

Voters prep for lawsuit

Four Madison voters whose ballots weren’t counted filed claims Thursday for $175,000 each from the city and Dane County, the first step toward initiating a lawsuit.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin election officials to force depositions for Madison workers over uncounted ballots 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.

Seventh inmate dies at Wisconsin’s Waupun Correctional Institution

Waupun Correctional Institution seen through fence
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A seventh inmate has died at Wisconsin’s oldest prison, less than a year after the then-warden and multiple members of his staff were charged with misconduct and felony inmate abuse.

The state Department of Corrections offender website notes that 23-year-old Damien Evans died Tuesday at the Waupun Correctional Institution. The site does not offer any details. A Corrections spokesperson didn’t immediately return a message Wednesday. Dodge County Sheriff Dale Schmidt said in an email to The Associated Press that his agency is investigating Evans’ death but he had no information to share.

Online court records indicate Evans was sentenced in 2019 to seven years in prison for armed robbery and an additional two years to be served concurrently for bail jumping. Both cases were filed in Racine County.

Evans is the seventh Waupun inmate to have died in custody since June 2023. One killed himself, one died of a fentanyl overdose, one died of a stroke, and one died of dehydration and malnutrition. Another inmate, 66-year-old Jay Adkins, died in May. A sixth prisoner, 57-year-old Christopher McDonald, died in August.

The Dodge County Sheriff’s Office has said McDonald’s death appears to have been a suicide. He was sentenced to 999 years after pleading no contest to being a party to first-degree intentional homicide in 1992. Schmidt didn’t immediately respond to follow-up emails Wednesday afternoon seeking updates on the investigations into Adkins’ and McDonald’s deaths.

Prosecutors last year charged warden Randall Hepp with misconduct and eight members of his staff with felony inmate abuse in connection with the deaths of two of the prisoners, Cameron Williams and Donald Maier. Three of the eight staff members also were charged with misconduct. Hepp subsequently retired.

According to criminal complaints, Williams died of a stroke in October 2023. His body went undiscovered for at least 12 hours.

Maier died of dehydration and malnutrition. He had severe mental health problems but either refused or wasn’t given his medication in the eight days leading up to his February 2024 death.

Federal investigators also have been looking into an alleged smuggling ring involving Waupun prison employees. Gov. Tony Evers office has said the probe has resulted in the suspension of nearly a dozen employees. A former prison worker pleaded guilty in September to smuggling cellphones, tobacco and drugs into the facility in exchange for money.

Waupun inmates have filed a class-action lawsuit alleging mistreatment and a lack of health care.

The maximum-security prison was built in the 1850s. Republican and Democratic lawmakers alike have been calling for years to close it. Concerns about local job losses and the cost of building a replacement prison have stymied progress.

Evers, a Democrat, last month proposed a multitiered, $500 million plan for the state’s prisons that includes converting Waupun to a medium-security center focused on job training for inmates.

This story has been updated to correct that Evans is the seventh inmate to die at Waupun Correctional Institution since June 2023, instead of the sixth inmate, and to correct that one inmate killed himself, not two.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Seventh inmate dies at Wisconsin’s Waupun Correctional Institution 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 couple sues Walgreens and Optum Rx, saying son died after $500 price rise for asthma meds

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A Wisconsin couple is suing Walgreens and a pharmacy benefits management company, alleging that their son died because he couldn’t afford a sudden $500 spike in his asthma medication.

Shanon and William Schmidtknecht of Poynette filed their lawsuit in federal court in Milwaukee on Jan. 21, a year to the day that their son Cole died at age 22.

According to the lawsuit, Cole Schmidtknecht suffered from asthma all his life. He managed it with daily inhaler doses of the medication Advair Diskus and its generic equivalents.

He stopped at a Walgreens pharmacy in Appleton on Jan. 10, 2024, to refill his prescription and was told the cost had jumped from $66 to $539 out-of-pocket. Unable to afford the new cost, he left the pharmacy without the medication. He tried to manage his condition with his rescue inhaler but suffered a fatal asthma attack days later, according to the lawsuit.

The Schmidtknechts allege that pharmacy benefits management company OptumRX violated Wisconsin law by raising the cost of the medication without a valid medical reason and failing to provide 30 days’ advance notice of drug price increases.

Pharmacy benefits managers act as intermediaries between health insurance companies, prescription drug companies and pharmacies. Optum Rx services prescription claims for more than 66 million people across the United States, according to the lawsuit.

The lawsuit alleges that the Walgreens pharmacy staffers failed to offer Cole any workarounds to obtain his usual medication. They told him there were no cheaper alternatives or generic medications available, they didn’t contact OptumRx to request an exception on Cole’s behalf, and they didn’t ask Cole’s doctor to request an exception for him, his parents contend.

The lawsuit seeks unspecified damages.

“The conduct of both OptumRx and Walgreens was deplorable,” one of the family’s attorneys, Michael Trunk, said in a statement. “The evidence in this case will show that both OptumRx and Walgreens put profits first, and are directly responsible for Cole’s death.”

OptumRx spokespeople didn’t immediately reply to Wednesday messages seeking comment. In a statement last April extending sympathy to the family, the company said that a review of Cole’s claims showed that on the day he visited the pharmacy, he did buy a different asthma medication, generic Albuterol, for a $5 co-pay on Jan. 10 — a medication that it says he also obtained in October 2023. His case was handled “consistent with industry practice and the patient’s insurance plan design,” the company said.

Trunk, though, said Wednesday that the $5 generic prescription Cole filled was for his rescue inhaler, not the Advair Diskus inhaler that he took daily. He said Cole was not able to fill his Advair Diskus prescription because it had suddenly become too expensive.

Walgreens officials didn’t immediately respond to a Wednesday email seeking comment on the lawsuit.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin couple sues Walgreens and Optum Rx, saying son died after $500 price rise for asthma meds 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 Gov. Tony Evers’ plan to let voters repeal and create state laws gets GOP resistance

Wisconsin Gov. Tony Evers
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Wisconsin Gov. Tony Evers’ plan to let voters repeal and create state laws without legislative involvement met opposition on Monday from Republican leaders of the Legislature, who signaled that the idea is likely to be rejected for a second time.

Evers’ plan comes the same day the Legislature kicked off its two-year session. Republicans remain in control, but their majority is at its narrowest since they took over in 2011.

That means the dynamic between the Legislature and Evers, entering his seventh year as governor, will largely remain as it has been. Republicans must approve anything Evers wants to get done.

Still, the Democratic Evers is reviving a plan to weaken the powers of the Legislature that Republicans already previously rejected.

Evers said on Friday that the state budget he plans to unveil next month will include a mandate that legislators take up a constitutional amendment allowing voters to petition for ballot proposals to repeal state statutes and create new ones. Evers made a similar proposal in 2022 for voters to repeal the state’s 1849 abortion ban, but Republicans killed the plan.

Republican Assembly Speaker Robin Vos rejected the idea.

“It appears that Tony Evers’ single agenda item for the next session to is take power away from the elected members of the Legislature,” Vos told The Associated Press. “If that’s his focus, it’s going to make it awfully hard to find consensus.”

Republican Senate Majority Leader Devin LeMahieu said in a statement that Evers should focus on cutting taxes and scaling back the size of government.

Republicans hold a 54-45 advantage in the Assembly and an 18-15 majority in the Senate in the two-year session that started Monday.

There are six new state senators, all Democrats. Nearly a third of the Assembly — 31 lawmakers — are newly elected. Of them, 23 are Democrats. Those new lawmakers make up the majority of the 45-member Democratic caucus.

Lawmakers have said they are hopeful the slimmer GOP majorities will lead to more compromise, but on this issue they don’t appear to be willing to go along with what Evers wants.

Wisconsin is one of 24 states that do not provide a way for people to reject or enact statutes outside of the legislative process, according to Ballotpedia.

Evers said Republicans have been ignoring the will of the people by refusing to legalize marijuana, repeal the abortion ban, implement gun control measures and increase funding for public schools. Instead, he said, the GOP has been enacting policy through constitutional amendments, denying voters a voice.

“Republican lawmakers are going to continue to try to legislate by constitutional amendment,” Evers said. “Then they should give Wisconsinites the same opportunity that 26 other states have.”

Constitutional amendments must pass two consecutive legislative sessions and a statewide referendum to take effect. The governor plays no role in the process.

Republicans have asked voters to approve seven amendments since 2010, according to data from the University of Wisconsin Law School’s State Democracy Research Initiative. Voters ratified three in 2024 alone, including two in April to restrict use of private money in election administration and one in November that prohibits foreign nationals from voting. Republicans could put another amendment to voters in April’s elections that would cement voter identification requirements.

Gun control advocates planned to be in the Capitol on Monday shortly before the session kicks off to press lawmakers to take action following a shooting by a 15-year-old student on Dec. 16 at a Madison private school that left a teacher and student dead and two other students severely injured. The shooter killed herself.

Evers called a special session in 2019 in an attempt to pass gun control measures, including requiring universal background checks, but Republicans took no action.

Evers also called a special legislative session in September 2022 to approve a constitutional amendment similar to his latest proposal. He promoted it as a way to repeal the abortion ban and ensure abortion remained legal in Wisconsin after the U.S. Supreme Court reversed its landmark Roe v. Wade decision.

Republicans convened and ending the special session in less than 30 seconds.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Gov. Tony Evers’ plan to let voters repeal and create state laws gets GOP resistance 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 Legislature’s tight Republican majority sparks hope for bipartisan cooperation

Exterior view of Capitol dome at dusk
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When the Wisconsin Legislature returns to work in January, Republicans will still be in charge but will have the narrowest majorities since taking control in 2011. That’s giving Democrats, including Gov. Tony Evers, optimism that both sides will be able to work together better than they have since Evers took office six years ago.

Both sides are eyeing the state’s massive budget surplus, which sits at more than $4 billion. What to do with that money will drive debate over the next two-year budget, which will be written in 2025, while questions hang in the air about whether Evers plans to run for a third term in 2026 and how the state will interact with President-elect Donald Trump’s administration.

Here is a look at some of the biggest pending issues:

New dynamic in the Legislature

Democrats gained seats in the November election because of redrawn maps ordered by the Wisconsin Supreme Court. The Republican majority now sits at 54-45 in the Assembly and 18-15 in the Senate. Democrats have 10 more seats in the Assembly than last session and four more in the Senate and are hopeful about gaining the majority after the 2026 election.

“We have already seen a shift in the Capitol due to the new maps,” Assembly Democratic Minority Leader Greta Neubauer told The Associated Press.

She and other Democrats predict it will lead to more pressure from rank-and-file Republicans in competitive districts to move to the middle and compromise with Democrats.

“Everybody understands, at least at this point, that we need to work together, pull together,” Republican Senate Majority Leader Devin LeMahieu told the AP. “And it’s important to get some things done.”

Pushing back against Trump

Democrats say they have been talking with Evers and Democratic Attorney General Josh Kaul about how Wisconsin can push back against the incoming Trump administration’s plans for mass deportations. But Democrats say they are also looking at other ways the state can fight Trump’s policies on issues like abortion and LGBTQ+ rights.

“We’re worried about a lot of the things that former and future President Trump might do, especially when it comes to deportation and immigration,” Senate Democratic Minority Leader Dianne Hesselbein said.

Republican Assembly Speaker Robin Vos said he would support Trump’s efforts to deport people who are in the country illegally and commit crimes.

Republicans prioritize cutting taxes. Democrats are open

Republicans passed a $3.5 billion tax cut that Evers gutted to just $175 million with his veto in the last budget. With another large surplus, Republicans say they want to try again.

“People struggling to pay their bills,” LeMahieu said. “We heard that in our local races. And so we want to help help help families out there. We have the money to do it. And that’s going to be our number one priority.”

Both he and Vos said they would like a tax cut of around $2 billion.

Democrats say that they aren’t opposed to cutting taxes, but that they want it to be targeted to helping the middle and lower classes and families.

“We are not interested in tax cuts that primarily benefit rich Wisconsinites or corporations,” Neubauer said. “But we are certainly open to tax cuts that help those who are struggling to make ends meet.”

K-12 education funding

The state superintendent of schools, Jill Underly, proposed spending more than $4 billion on K-12 schools in her budget proposal, which is subject to legislative approval. That’s almost certainly not going to happen, both Republicans and Democrats said.

“We’re not going to spend $4 billion on education, I can guarantee you that right now,” LeMahieu said.

While Democrats say they are prioritizing education funding, “I don’t think we’re going to be able to match that,” Hesselbein said of the $4 billion request.

Universities of Wisconsin

Leaders of the cash-strapped Universities of Wisconsin have asked for $855 million in additional funding in the next budget, nearly an 11% increase. System President Jay Rothman says schools need the money to stave off tuition increases, cover raises, subsidize tuition, and keep two-year branch campuses open in the face of declining enrollment and flat state aid.

Evers has promised to include the request in his budget, but Republican leaders said they would not approve that much, and Democrats also said it was a goal that was unlikely to be met.

LeMahieu and Vos both said UW would not get what it wants.

“We’re going to need to see some substantial change in how they’re doing their programing,” LeMahieu said. “We can’t just keep spending more and more on a system that’s educating less and less people.”

Marijuana, health care and other priorities

Vos said he intends to create a state-level task force to improve government efficiency, similar to what Trump created at the national level dubbed DOGE. He also supports passing a bill that would allow for the processing of absentee ballots the day before Election Day, a measure that’s had bipartisan support in the past but failed to pass.

Democrats say they will continue to push for ways to expand and reduce costs for child care, health care for new mothers and prescription drugs. Both Republicans and Democrats say they want to do more to create affordable housing. The future of the state’s land stewardship program also hangs in in the balance after the state Supreme Court said Republicans were illegally blocking funding of projects.

Democrats also say they hope to revive efforts to legalize medical marijuana, an effort that was backed by some Republicans but that failed to pass last session.

LeMahieu predicted the slimmer Republican majorities will make it more difficult for any marijuana bill to pass because some lawmakers “are dead set against it.”

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Legislature’s tight Republican majority sparks hope for bipartisan cooperation 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 regulators file complaint against former Justice Michael Gableman, who led 2020 election probe

Michael Gableman
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Judicial regulators filed a complaint Tuesday against a former conservative Wisconsin Supreme Court justice who spread election conspiracy theories and was hired by Republicans to lead an investigation into President-elect Donald Trump’s loss in the 2020 election, accusing him of violating multiple rules of conduct.

The Office of Lawyer Regulation’s 10-count complaint accuses former Justice Michael Gableman of violations that could result in a variety of sanctions, including possibly losing his law license. The complaint does not make a specific recommendation regarding what sanction the Wisconsin Supreme Court should apply.

Gableman did not immediately return text messages seeking comment.

The complaint stems from Gableman’s work investigating allegations of fraud and abuse related to the 2020 election that Trump narrowly lost in Wisconsin. Republican Assembly Speaker Robin Vos had hired him to lead the inquiry. Gableman found no evidence of widespread fraud during his investigation, drew bipartisan derision and cost taxpayers more than $2.3 million.

Vos said in 2021 when he hired Gableman that he was “supremely confident” in his abilities. But when he fired Gableman in August 2022, Vos called him an “embarrassment.” Gableman this year helped backers of Trump who were attempting to recall Vos from office. Two of their efforts failed to gather enough valid signatures to force a vote.

Vos in 2022 said Gableman should lose his law license over his conduct during the election probe. Vos did not return a message Tuesday seeking comment.

In his seven-month inquiry, Gableman was sued over his response to open records requests and subpoenas and countersued. He was ridiculed for scant expense records, criticized for sending confusing emails and making rudimentary errors in his filings and called out for meeting with conspiracy theorists.

The complaint accuses Gableman of making false statements, disrupting a court hearing, questioning a judge’s integrity, making derogatory remarks about opposing counsel, violating open records law and revealing information about representing Vos during the investigation while Gableman was promoting a failed effort to recall Vos from office.

Among the complaint’s allegations:

— Gableman filed writs in Waukesha County Circuit Court in an attempt to force Madison and Green Bay’s mayors to submit to depositions without telling the court that his office had agreed depositions wouldn’t be needed because the two cities had turned over election documents Gableman requested.

— He falsely accused Wisconsin Elections Commission Administrator Meagan Wolfe and officials in five Wisconsin cities of trying to cover up how election grants from the Center for Tech and Civic Life were used during testimony to the Assembly elections committee. The CTCL is a liberal group backed by Facebook founder Mark Zuckerberg.

— Gableman violated attorney ethics rules by publicly discussing private conversations with Vos related to the investigation. The complaint cites two videos Gableman appeared in where he supported the recall effort against Vos. The videos were shown at a program organized by Trump supporter Mike Lindell.

— Gableman practiced law while working on the investigation despite his claim to the contrary. He gave legal advice in his election report, represented his office as an attorney in legal filings in Waukesha County and signed a contract with Vos saying he would work as legal counsel.

— Gableman’s office destroyed public records that liberal group American Oversight had requested.

— During a hearing before Dane County Circuit Judge Frank Remington on whether the records were inadvertently destroyed, Gableman accused Remington from the witness stand of railroading him into jail and acting as an advocate for American Oversight. Gableman also was captured on a microphone while the court was in recess making sarcastic comments about Remington and American Oversight attorney Christa Westerberg’s ability to do her job without Remington’s help.

Remington ultimately found Gableman in contempt of court for not complying with open records laws. The judge forwarded the contempt order to the OLR.

Attorneys from the liberal law firm Law Forward also requested sanctions against Gableman in 2023. They alleged that Gableman “has embraced conspiracy theories, spread lies, rejected facts, impugned the character of people he perceives to be his adversaries, and abused the legal process.”

Gableman was a member of the Wisconsin Supreme Court from 2008 to 2018 and joined with the conservative majority in several major rulings, including one that upheld the state law that effectively ended collective bargaining for public workers. The court is now controlled 4-3 by liberal justices, including one who was elected to fill the seat vacated by Gableman.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin regulators file complaint against former Justice Michael Gableman, who led 2020 election probe 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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