Participants in Western Dairyland Economic Opportunity Council's Fresh Start program build a house, learning construction skills in the process. Program participants enroll in AmeriCorps and are paid an hourly wage for their work. (Photo courtesy of Western Dairyland EOC Inc.)

A coalition of 25 states, including Wisconsin, sued the Trump administration Tuesday to block the cancellation of AmeriCorps programs across the country.

The cancellation has upended plans at more than two dozen organizations in Wisconsin that have engaged AmeriCorps members in community service work, and stranded scores of participants in the midst of one-year stints in the program.

“I was completely blindsided,” Parker Kuehni told the Wisconsin Examiner on Tuesday. The University of Wisconsin-Madison graduate with a degree in global health was in his second year with AmeriCorps, working at a Madison free health clinic and preparing to start medical school in June when he learned Monday morning that the program was canceled.

Created by Congress in 1993 as the Corporation for National and Community Service, its official name, AmeriCorps has deployed community service workers across the country in the decades since. AmeriCorps members are usually recent college graduates who join the program for a year or two. They teach in schools, assist with disaster relief and take on a host of other roles. 

Wisconsin has 25 AmeriCorps programs that operate at more than 300 locations across the state, according to the office of Gov. Tony Evers. In Wisconsin, AmeriCorps operates through Serve Wisconsin, which administers its Wisconsin contracts and is housed in the Department of Administration.

On April 16, AmeriCorps placed about 75% of its employees on administrative leave with pay, the New York Times reported.

At 6:20 p.m. on Friday, April 25, Jeanne Duffy, the Serve Wisconsin executive director, received an email message that AmeriCorps grants and their recipients in Wisconsin were being terminated immediately “because it has been determined that the award no longer effectuates agency priorities.”

The form letter instructed recipients to notify all organizations and agencies with AmeriCorps-related projects. “You must immediately cease all award activities. This is a final agency action and is not administratively appealable,” the message said.

Lawsuit: Cancellation ‘usurps Congress’s power of the purse’

The lawsuit filed Tuesday in U.S. District Court in Maryland charges the Trump administration’s cancellation of the program “flouts Congress’s creation of AmeriCorps and assignment of agency duties; usurps Congress’s power of the purse and thereby violates the Constitution’s separation of powers; and arbitrarily and capriciously — without any reasoned analysis — vitiates the agency’s ability to function consistent with its statutory mission and purpose.”

The suit charges that the program’s abrupt end also violates federal law, which states AmeriCorps can make “significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking.”

“The attempt to dismantle AmeriCorps is part of a pattern from the Trump administration of disrespect toward those who serve others,” Attorney General Josh Kaul said in a statement. “That approach is not just shameful — it’s misguided. AmeriCorps volunteers and projects help strengthen communities. AmeriCorps should be thanked for its work, not abruptly dismantled.”

Evers’ office telegraphed Wisconsin’s plan to join the lawsuit late Tuesday morning.

“Once again, the Trump Administration is trying to cut federal funding that Congress already approved and Wisconsin is counting on to help kids, families, and communities across our state — all so they can pay for tax cuts for millionaires and billionaires,” Evers said in a statement. “These latest reckless Trump and Musk cuts will hurt Wisconsin’s kids who are homeless or who need tutors for math and reading, folks who are working to overcome addiction and substance use, stop work on conservation projects, as well as all of the dedicated public servants whose livelihoods are depending on this work.”

Tutoring programs, health care clinics

AmeriCorps’ cancellation affected organizations and agencies all across the state.

In Madison, the United Way of Dane County enlisted 27 AmeriCorps members in two tutoring programs — one in math for high school students and the other in reading and literacy for elementary school children.

AmeriCorps members were placed in schools to help identify students who would benefit from tutoring, United Way officials said. They also screened and conducted background checks for more than 175 community volunteer tutors as well as serving as tutors themselves. More than 1,000 children have received tutoring in the two programs this year.

“And these kids are able to accelerate their academic success, which puts them on track for [higher] graduation rates,” said United Way CEO Renee Moe. “So, this is a really huge loss for us.”

AmeriCorps members were “really key to having successful volunteers support students in literacy,” said Emily Greene, director of Schools of Hope, the elementary program.

In the high school program, Achievement Connections, members have supported and trained other high school students as peer tutors. That helps those students “be engaged in their school in a way that they otherwise wouldn’t be and also gain some skills,” said Karl Johnson, director of Achievement Connections.

“We find that those relationships . . . are some of our strongest when it’s students helping each other out, and our [AmeriCorps] members are a pretty key part of facilitating that,” Johnson said.

The Wisconsin Association of Free and Charitable Clinics has deployed 30 AmeriCorps members throughout Wisconsin this year.

Some assist clinics, local health departments or the state Department of Health Services in administrative tasks, writing grants, collecting and analyzing data and related work, said Domonique Coffee, the association’s AmeriCorps program manager. Others staff clinics in a public health role, taking a patient’s blood pressure or other vital signs, teaching patients about managing their diabetes or hypertension or providing other direct care, she said.

The program allowed “free and charitable clinics to increase their services and capacity for services . . . to those who are underinsured or uninsured,” Coffee said.

It has also helped prepare the AmeriCorps members as future health care providers — “the future physicians and public health leaders of our next generation,” she added.

Fostering skills for careers and life

Parker Kuehni had graduated with a degree in global public health two years ago and was preparing to go to medical school. But he knew he first wanted to get more experience in directly working with patients.

He volunteered as a barbershop health screener for the Perry Family Free Clinic, which serves uninsured, low-income Madison residents. Through the clinic he connected with AmeriCorps and then shifted to helping with patient coordination, communication and scheduling, discussing care plans with patients and managing referrals to specialists.

The experience “built my empathy for people,” he said. The experiences he had “will contribute to me being an overall better future physician.”

While the typical AmeriCorps participant is a college graduate, the Western Dairyland Economic Opportunity Council in Eau Claire took a different approach with the program.

Since the late 1990s Western Dairyland has operated Fresh Start, an education, skills and career program for young adults ages 18 to 25. Participants often have a sparse job history and might not have completed high school.

The program engages up to 15 participants in a year-long house-building project. “We provide them with life skills and job skills and technical education, allowing them to then leave the program and either go on to school or attain full-time employment,” said Dale Karls, Western Dairyland’s communications coordinator.

The participants themselves become AmeriCorps members and earn an hourly wage on the job. Some 600 young people have gone through the program over the last three decades, building 45 homes, Karls said.

All the organizations the Wisconsin Examiner contacted Tuesday said the news of AmeriCorps’ cancellation came too recently  for them to know what they will do if the program isn’t restored.

Coffee said the Wisconsin Free and Charitable Clinics Association is trying to support its AmeriCorps members, “helping them find their footing.”

At United Way of Dane County, “We’ve spoken to our school district partners,” said Moe, the agency’s CEO. “We have reaffirmed with them that tutoring continues to be an important strategy to help with academic success. And so right now we’re trying to be creative around how to best keep really effective tutoring programs going.”

“We’re hoping that the funding will be reinstated,” said Karls of Western Dairyland. In the meantime, he added, “We have a half-constructed house in Strum, Wisconsin. We have to find a way to finish that.”

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• The city and county of Eau Claire recently asked Attorney General Josh Kaul to weigh in on the legality of police officers dropping off homeless people outside their jurisdiction.

• Their request for an opinion cited several examples, including the Durand Police Department, which transported a woman in handcuffs to a city homeless shelter that has been over capacity and at risk of reducing beds.

• The story includes interviews with the Durand police chief and the mayor of Santa Cruz, California, which recently outlawed the dropping off of homeless people without prior communication and a plan for helping the person find a housing solution.

On Oct. 27, a Durand police officer responded to a suspicious person call. He made contact with a woman who had committed no crimes but had nowhere to stay on a cold night. 

She told the officer she was from Fargo, North Dakota, and waiting for a ride, but couldn’t explain how she arrived in Durand.

When that ride didn’t show, the officer asked if she had a credit card, which local hotels require homeless individuals to put down when using a motel voucher to stay overnight. She said she didn’t and didn’t know what to do. 

There are no homeless shelters in Durand or Pepin County.

The officer then suggested she go to Sojourner House, a shelter in Eau Claire about 40 minutes away. She agreed to be transported in handcuffs, in accordance with what the officer said was department policy. He called several other shelters in communities outside of Durand, all of which were full for the night. Sojourner House didn’t answer, but he offered the woman a ride there anyway. She asked if the shelter was open.

“It’s hard to say. Once I get you up there, they might not even have a bed for you to go,” the officer told her, according to body cam footage obtained by Wisconsin Watch. “Once you get up there, ask them for resources — see what else is available to you up there.” 

The officer dropped her off and left without contacting the shelter staff or Eau Claire city officials. 

According to Eau Claire County Corporation Counsel Sharon McIlquham and City Attorney Stephen Nick, the shelter was full, and Eau Claire city police later took the woman to a hospital. She then had a run-in with UW-Eau Claire police for indecent exposure. 

“They still found themselves homeless in an unfamiliar community and committed crimes — had to get medical attention,” Nick told Wisconsin Watch, referring to multiple people who have been dropped off in Eau Claire. “So not a good outcome for them or our community.” 

But what started as a conflict between local agencies is now a legal question being posed to Wisconsin Attorney General Josh Kaul: Should police departments in Wisconsin be allowed to transport someone experiencing homelessness out of their jurisdiction?

Nick said the problem has persisted for years in Eau Claire and extends far beyond the three examples cited in his January letter to the attorney general, asking his office to weigh in on the legality of these drop-offs.

“This is the first time we’ve received a communication along these lines, certainly since I’ve been attorney general,” Kaul told reporters at WQOW. “But I can say more broadly, some of the issues raised are ones that I think are true around the state.”

Democratic Gov. Tony Evers said the drop-offs display a need for more rural resources.

The letter pointed to instances of homeless individuals from neighboring counties being dropped off in Eau Claire by other agencies including the Menomonie Police Department and the St. Croix County Sheriff’s Office. McIlquham and Nick called it “a practice driven by a lack of good options,” but said the drop-offs are “unlawful at worst and unprofessional at best.” 

“None of the individuals we referenced actually received care, and that is the most common outcome from these sort of transports,” Nick said. 

Durand Police Chief Stanley Ridgeway said if his department is barred from carrying out these kinds of transports, the city’s human services department would have to pay other agencies or organizations to transport those in need of shelter. He added that rural communities like Durand lack rideshare services, public transportation or homeless shelters. 

“In the end, it will increase our cost,” Ridgeway said. “Our hands will be tied.” 

A statewide problem

The situation is not unique to Eau Claire. Police chiefs in Waukesha, Green Bay and Appleton told Wisconsin Watch they have dealt with a similar problem. 

“For as long as I can remember, we have struggled with people from outside the Fox Valley coming to this area to utilize this invaluable resource,” Appleton Police Chief Polly Olson said. “We know they … may be given rides by other, outside law enforcement, or they find out through word of mouth about the shelters and resources in this area.”

Green Bay Police Chief Chris Davis told Wisconsin Watch these drop-offs happen occasionally, but he has asked agencies outside the county not to transport people because it strains local resources and makes it difficult for the homeless to return to their city of origin.  

Drop-offs are also prevalent in Waukesha, with unhoused individuals coming from surrounding areas like Delafield, Hartland, Chenequa, Pewaukee and New Berlin. But Chief Daniel Thompson said the issue is complicated because the city is a hub for resources such as hospitals, mental health clinics, trauma centers, charitable organizations and shelters.

He said it makes sense that people experiencing homelessness in smaller, rural jurisdictions would come to Waukesha for services because their own communities often don’t have any.

But it’s a problem when other municipalities drop their homeless off in Waukesha simply because they don’t want to deal with them. This is particularly a problem at Waukesha Memorial Hospital, Thompson said.

In December, Wisconsin Watch reported that the state’s estimated homeless population has been rising since 2021, following national trends. It rose from 4,861 on a single night in 2023 to 5,037 in 2024. In rural Wisconsin, the increase was 9%, according to the annual homeless count. 

Despite accounting for over 60% of the state’s homeless population in 2023, every Wisconsin county besides Milwaukee, Dane and Racine collectively contained just 23% of the state’s long-term housing with on-site supportive services, which experts say is the best way to address chronic homelessness.

‘Only because we have such poor options’

Police departments in Durand and Menomonie quickly responded to the letter sent to the attorney general, emphasizing the transports were voluntary. Police footage from both departments confirms the officers didn’t coerce the individuals, but did suggest the destination. Neither individual knew where Eau Claire was. 

“They’re not looking to come here, they’re being asked if they want to come here,” Nick said. “When that’s being done by a uniformed police officer — that changes the circumstances quite a bit in terms of how voluntary that is.”

In the letter, McIlquham and Nick cited another example in which they say a woman who was a frequent source of contact for St. Croix County sheriff’s officers was dropped off at a gas station in Eau Claire without receiving any services. Eau Claire EMS, the county sheriff’s office and the city police department later responded to multiple complaints regarding the individual, who did not have ties to Eau Claire. 

St. Croix County Sheriff Scott Knudson described the incident to WEAU as a “courtesy ride.” He did not respond to Wisconsin Watch’s interview request. 

“I feel bad for Eau Claire that the facilities that we have available to us are in their jurisdiction, so sometimes they have to deal with the aftermath,” said Ridgeway, the Durand police chief. “But it happens a lot. That’s where the services are.”

Ridgeway told Wisconsin Watch the Durand Police Department will continue this practice as long as the attorney general allows it, adding that his department is not responsible for crimes these individuals may commit in Eau Claire. Asked how those individuals get back to where they came from, Ridgeway said that’s “out of our control.”

“These facilities receive funding from the federal government, state government, grants, donations — they’re not just receiving funding from Eau Claire County residents or city of Eau Claire residents,” Ridgeway said. “This is a service for all of western Wisconsin, and we’re going to take advantage of that service whenever we can.” 

He defended the decision to drop a woman off in front of a shelter that was either full or not open.

“You might not tonight have a place, but they can tell you what time they open tomorrow so you can be in line to get services,” Ridgeway said. “We’ll continue to call and try to get a bed verified as being available, but if a person wants to be dropped off there, we’ll do so.”

In a March 11 press release, Catholic Charities of the Diocese of La Crosse said it is facing a potential decision to reduce Sojourner House’s operations from year-round to just six months, citing a loss of funding and a shortage of volunteers.

On one night in January, Dale Karls of the Western Dairyland Economic Opportunity Council told WEAU, Sojourner House, which has a normal capacity of 53, opened overflow spaces and housed 77 people.

Nick said he doesn’t doubt the officers were trying to help these people, “but the message needs to get out that they weren’t helped.” There’s been a growing need for homeless services since the pandemic as temporary services and funding have been rolled back, he said. 

In the state’s 2023-25 biennial budget, the Republican-controlled Legislature rejected Evers’ recommendations to spend $24 million on emergency shelter and housing grants, as well as homeless case management services and rental assistance for unhoused veterans.

The Legislature also nixed $250 million Evers proposed for affordable workforce housing and home rehabilitation grants.

This year, Evers recommended another $24 million for homeless prevention programs in the 2025-27 state budget. Republican lawmakers who control the powerful budget committee vowed to throw out the governor’s budget and start from scratch this spring.

“The issue here is the disinvestment by the state and needed resources regionally,” Nick said. “It’s a law enforcement issue, but only because we have such poor options.” 

A California city has outlawed the practice

In 2024, the city of Santa Cruz, California, outlawed the practice of transporting homeless people into the city without authorization. Mayor Fred Keeley told Wisconsin Watch the local ordinance has pressured surrounding communities to ramp up their own resources for the homeless. 

The drop-off ban was sparked by an incident last summer when Hanford police drove a homeless woman with a disability nearly 200 miles to Santa Cruz — a city similar in size to Eau Claire — and left her outside a local shelter. 

“I know that for decades, other cities in our county bring people and dump them in the city of Santa Cruz,” Keeley said. “Nobody should do this to us because we would never do it to you without a prior conversation.” 

Keeley said these drop-offs almost never solve someone’s housing problem and instead shift the responsibility to another city. Santa Cruz is sympathetic to smaller municipalities with limited resources that are willing to coordinate with the city to arrange a transport, Keeley said, but that person should have some community ties. 

Keeley said the city’s investments in permanent supportive housing and other programs have reduced the city’s street homelessness by more than 50% in the last two years. 

Now, a bill has been introduced in the California Legislature that would ban local law enforcement agencies from transporting homeless individuals to another jurisdiction without first coordinating shelter or long-term housing for them. Keeley said he’s glad the issue is being taken up at the state level.

‘A practice driven by a lack of good options’: Homeless drop-offs in Eau Claire showcase need for state action 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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When a journalism nonprofit asked the Wisconsin Department of Justice in 2020 for the names and work histories of all law enforcement officers in the state, the agency initially appeared ready to grant the request.

But the department received pushback from law enforcement groups, and the records were not released.

This new information came to light in documents recently obtained by The Badger Project in its lawsuit against the state DOJ. The suit is seeking the names and work histories of most law enforcement officers in Wisconsin. The Badger Project’s co-plaintiff in the suit is the Invisible Institute, the journalism nonprofit that made the 2020 request.

Other news organizations, including the Washington Post, had seen similar requests rejected by the Wisconsin DOJ in preceding years.

In 2024, after the state DOJ denied another request for police names and work histories, this time from both the Invisible Institute and The Badger Project, the organizations sued for access.

In March, as part of the regular evidence exchange in the case, called discovery, the state DOJ released hundreds of documents to the two journalism nonprofits.

Among the documents was a letter sent by Assistant Attorney General Paul Ferguson, who heads the state DOJ’s Office of Open Government, to every police chief in the state. The letter indicated that the state DOJ intended to fulfill the request and release a list of all law enforcement officers in the state, but asked the individual agencies to identify any undercover officers who should not be included in that list.

The Wisconsin Chiefs of Police Association responded with a letter to Wisconsin Attorney General Josh Kaul the next day and urged the department to reverse itself, according to the documents obtained by The Badger Project.

Kenneth Pilegge, the association’s vice president, wrote that he had “significant concerns” in the letter.

“We have had contacts with members within our membership that have very serious concerns with this release and adamantly oppose this release without a court review,” he continued.

Neither the state DOJ nor the Wisconsin Chiefs of Police Association gave a comment for this story when offered the opportunity to do so.

Kaul assumed the position of attorney general, the head of the Wisconsin Department of Justice, in 2019. The department previously rejected the request for a full list of law enforcement officers’ names and work histories several times before he became AG, according to the released documents.

Dozens of states — including Minnesota, Illinois and Iowa — have released a full list of their law enforcement officers to a nationwide reporting project, which includes the Invisible Institute and The Badger Project.

The Wisconsin DOJ has, in response to repeated requests, released a list of “flagged officers,” those who lost their jobs due to termination, resignation in lieu of termination, or resignation prior to completion of an internal investigation.

This list, however, does not include officers who were fired or forced out of law enforcement jobs in a different state before taking a position in Wisconsin.

In previous denials, Ferguson has cited concerns that a complete list could “endanger” undercover officers and pose a general risk to officers and their families in a “volatile environment.”

The state DOJ says it isn’t able to identify undercover officers and redact their names.

Wandering officers

In Wisconsin, police and jailers who were fired or forced out of a previous job in law enforcement only to get hired at another one, called wandering officers, increased by 50% from 2021 to 2024. 

The total number of law enforcement officers in Wisconsin is sitting near record lows, according to investigations by The Badger Project. So the pressure to hire previously fired or forced-out officers can be high, experts say. Chiefs and sheriffs need to fill positions, and officers fired or forced out from previous jobs already have their certification, which costs law enforcement agencies and new recruits time and money to obtain. Wandering officers are more likely to again commit misconduct on the job, studies have suggested.

A full list of names of law enforcement officers, including those separated from jobs outside of Wisconsin who now hold positions in the state, would alleviate a considerable information gap, the Invisible Institute and The Badger Project argue in their lawsuit.

The records requested would not include home addresses or family information.

The lawsuit

The Badger Project’s lawsuit is being funded by The National Freedom of Information Coalition, through grants from the John S. and James L. Knight Foundation and the Society of Professional Journalists’ Legal Defense Fund. 

The Wisconsin Transparency Project, a law firm dedicated to enforcement of the state’s open records laws, along with the University of Illinois First Amendment Clinic, filed the suit on behalf of the plaintiffs.

The parties are submitting written arguments, called briefs, to Dane County Circuit Court, and then the judge will likely rule on the case, said Tom Kamenick, lead attorney for the Wisconsin Transparency Project.

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

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

Wisconsin Department of Justice withheld officer roster after police group pushback 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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Democratic Gov. Tony Evers still wants certain powers restored to his office.

In his executive budget proposal, Evers last month proposed repealing a series of controversial laws that were approved in a 2018 “lame-duck” session after he defeated his Republican predecessor Gov. Scott Walker, but before he took office. The laws stripped the governor and attorney general of certain powers and instead gave them to the Legislature.

He’s called for repealing the laws in all four of his proposed budgets.

One law Evers targeted, for example, specifies that when the state Senate rejects the governor’s nominees for state government positions, the governor may not reappoint that person to the same position. The law clarifies what “with the advice and consent of the Senate” means in other parts of state law. Evers’ proposal to cut the statute prompted outrage from one Republican senator last week.

“What’s the point of advice and consent of the Senate if the person can serve after being rejected by the Senate?” Sen. Van Wanggaard, R-Racine, said in a statement. “Can you imagine the uproar from Gov. Evers and Democrats if President Trump or former Gov. Walker did this?”

“This is a repeal of the 2018 lame-duck provisions Republicans passed because you were mad about losing to a Democrat,” Evers’ spokesperson Britt Cudaback fired back on social media. 

The statute is just one of many approved by GOP lawmakers over six years ago as they moved to swiftly strip powers from the incoming governor and attorney general, sending fast-tracked bills to Walker’s desk during his final weeks in office.

Among those last-minute changes was a move to block governors from re-nominating political appointees who are rejected by the Senate, which is controlled by Republicans. More than 180 of Evers’ appointees have yet to be confirmed by the Senate. Republicans have fired 21 of his picks since he took office in 2019, according to the nonpartisan Legislative Reference Bureau. Evers has tried to repeal the Senate advice and consent law in all four of his budget proposals.

Attorney General Josh Kaul, whose authority was also hampered by the laws, has challenged the lame-duck laws for years. In 2020, the Wisconsin Supreme Court’s then-conservative majority upheld the GOP’s last-minute legislation. But now, with a 4-3 liberal majority, Kaul has asked the court to decide whether one of the laws — granting the GOP-controlled Joint Finance Committee the ability to reject settlements reached by the Department of Justice in certain civil lawsuits — is constitutional.

While these legal challenges have persisted for nearly six years, Evers has attempted to repeal lame-duck laws via another route: his state budget proposals.

“This is why you read the actual language of the budget,” Wanggaard said. “Trying to sneak this through is exactly why Republicans start from scratch in the budget.”

Evers has attempted in all four of his budget proposals to repeal a lame-duck law that gave the speaker of the Assembly, the Senate majority leader and the co-chairs of the Joint Committee on Legislative Organization — positions held by Republicans for more than a decade — the power to authorize legal representation for lawmakers, allowing them to hire counsel outside of the DOJ.

In all four budgets, Evers has also proposed striking down a lame-duck statute that requires at least 70% of the funding for certain highway projects to come from the federal government each year. If the Department of Transportation is unable to meet this, the law allows the department to propose an alternate funding plan that must be approved by the GOP-controlled JFC. 

The governor also proposed overturning a statute in all four budget proposals requiring the Department of Health Services to obtain legislative authorization before submitting requests for federal waivers or pilot programs. It also requires DHS to submit plans and progress reports to the JFC for approval, additionally granting the committee the power to reduce DHS funding or positions for noncompliance.

In each budget proposal, Evers has also tried to overturn other lame-duck statutes that grant Republican-controlled legislative committees greater power, such as approving Capitol security changes and new enterprise zones. 

Republican lawmakers have rejected the governor’s efforts in the previous three budget cycles. That will likely be the case again this year.

Gov. Tony Evers attempts to repeal Wisconsin lame-duck laws in budget again 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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Update, Dec. 12, 2024: A federal judge dismissed the Republican Party of Wisconsin lawsuit on Thursday, saying there’s no controversy over the main issue in the case. Both the GOP and the defendants agree they should cast electoral votes for President-elect Donald Trump on Dec. 17, in compliance with a federal law, not the Dec. 16 date dictated under a state law.

Original story: The Republican Party of Wisconsin filed a lawsuit Friday to resolve a discrepancy between state and federal law directing when appointed presidential electors must meet to cast Electoral College votes.

State law requires presidential electors to meet on Dec. 16 this year, but a federal law passed two years ago calls for them to meet on Dec. 17. The state GOP is calling on a U.S. District Court of Western Wisconsin judge to enforce the federal requirement and strike the state one.

“The presidential electors cannot comply with both requirements,” the lawsuit states.

Resolving the current conflict is key to avoiding the state’s electoral votes getting challenged or contested in Congress, the state GOP states.

The lawsuit highlights the Legislature’s failure to pass a bill that would have brought Wisconsin in line with the new federal law. That inaction, the state GOP says, “led to the current conflict between the federal and state statutes.”

The lawsuit is filed against Gov. Tony Evers, Attorney General Josh Kaul and Wisconsin Elections Commission Administrator Meagan Wolfe.

The GOP is asking for the federal court to declare the current state law requirement — for the electors to meet on the first Monday after the second Wednesday in December, as opposed to the federal law’s requirement to meet on the first Tuesday following the second Wednesday — unconstitutional and unenforceable. Given the tight timeline, it’s seeking a hearing “as soon as the Court’s calendar allows.”

Spokespeople for the Wisconsin Elections Commission and Evers declined to comment for this story. 

Generally, federal law supersedes state law if there’s a conflict between the two, said Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative. Under the current, conflicting laws, electors this year definitely have to meet on Dec. 17, but it’s less clear what they should do on Dec. 16, she told Votebeat in May.

The new designated day arose as a result of the new federal law, commonly called the Electoral Count Reform Act. Congress designed the law in 2022 to prevent the post-election chaos that then-President Donald Trump and his allies created after the 2020 election, which culminated in efforts to send fake electoral votes to Congress, block certification of legitimate electoral votes and then storm the Capitol on Jan. 6, 2021. 

The new federal law sets specific schedules for certifying election results and casting electoral votes. It cleared up ambiguities contained in the previous version of the law, which was enacted in 1887 but never updated until two years ago. 

As of mid-October, 15 states had updated their laws to comply with the Electoral Count Reform Act, according to the National Conference of State Legislatures. A Wisconsin proposal to bring the state in line with the new federal law passed the Senate nearly unanimously in February. But it never received a vote in the Assembly. 

“It would have been beneficial if Wisconsin had also done that,” Godar said.

Scott Thompson, a staff attorney at the liberal-leaning legal group Law Forward, said the Legislature knew about this problem for over a year but chose not to resolve it with a simple fix.

“This eleventh hour lawsuit merely confirms that our state Legislature needs to stop peddling election conspiracy theories and start taking the business of election administration seriously,” he said.

Wisconsin Republicans were among those who sent documents to Congress in December 2020 falsely claiming Trump won the state. Trump won the state in 2024. The Wisconsin fake electors were subject to a civil lawsuit, and there’s an ongoing criminal case against their attorneys.

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

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

UPDATE: Parties agree on date Trump’s electors are supposed to cast their votes 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.