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The Court ordered fairer maps. Now reformers want to change how they’re drawn in the future

By: Erik Gunn
Wisconsin Fair Maps Coalition by Tony Webster CC BY 2.0 A yard sign in Mellen, Wisconsin reads: "This Time Wisconsin Deserves Fair Maps," paid for by the Fair Elections Project, FairMapsWI.com. The political sign supports redistricting legislation to reform gerrymandering.

A Wisconsin Fair Maps Coalition yard sign posted in 2020. The coalition has begun a new round of work advocating for an independent, nonpartisan system of drawing Wisconsin's legislative maps. (Photo by Tony Webster/Wisconsin Fair Maps Coalition)

With court-ordered maps that have made more Wisconsin legislative races competitive for both political parties, pro-democracy advocates are turning back to a longstanding objective: a permanent change in how the maps are drawn.

Instead of state lawmakers who are currently in charge, political reform groups are organizing to move the task to a new, independent commission that would draw Assembly and Senate districts every 10 years, following the new U.S. census, in ways that reflect Wisconsin’s close political divide.

“Our goal is to have a more accountable legislative body,” says Iuscely Flores, organizing director for the Wisconsin Fair Maps Coalition.

A change will require an amendment to the Wisconsin Constitution, which currently assigns the task of drawing legislative districts to the Wisconsin Legislature.

Until 2011, the state’s redistricting process generally went well for nearly half a century, according to Jay Heck, executive director of Common Cause Wisconsin. The Legislature was closely divided between Republicans and Democrats. Regardless of the governor’s party, the other party usually had a slim majority in either the Senate or the Assembly.

“It was split control,” says Heck. “Redistricting was usually incumbent protection, but it wasn’t particularly partisan.”

The 2010 election in Wisconsin changed that, with Republicans for the first time in a half-century getting control of the governor’s mansion and both houses of the Legislature.

In 2011 the lawmakers drew what became widely recognized as one of the most gerrymandered legislative maps in the country. “They picked the most partisan maps they could,” says Heck.

The 2012 election showed the impact: Wisconsin voters reelected Democratic President Barack Obama to a second term and sent another Democrat, Tammy Baldwin, to the U.S. Senate. And 51% of the votes for the Wisconsin Assembly were for Democratic candidates. Yet Republicans won 60 of the 99 seats in the lower house.

In the years that followed, Common Cause, the Wisconsin Democracy Campaign and the League of Women Voters all took up the cause of putting redistricting in the hands of an independent body, arguing that a group of citizens drawn from across the political spectrum could more accurately reflect the state’s true political makeup.

While the idea gained public support, it got the cold shoulder from the Legislature’s majority.

Then came the maps drawn after the 2020 census, approved in 2022 following a legal battle that was settled by the conservative majority in the Wisconsin Supreme Court. Those maps further solidified a lopsided balance between the parties in the Legislature.

In 2023, voters flipped the Court’s balance from conservative and aligned with the Republican party (although the justices are officially nonpartisan) to a majority elected with the support of the Democratic Party. For reform advocates, the switch presented a new opportunity, and the focus turned to a lawsuit challenging how the 2022 maps were drawn.

The outcome of that lawsuit in 2024 produced maps that more closely reflected the narrow partisan divide in the states. In the 2024 elections, Democrats picked up four state Senate seats, erasing a GOP supermajority, and added 14 seats in the Assembly.

While those maps were closer to fair, however, a larger problem remains, reform groups argue: the Wisconsin Constitution gives the lawmakers the ultimate power to draw their districts in ways that preserve their political advantage.

The process for amending the state constitution requires lawmakers to vote on a proposal in two successive legislative sessions, then for voters to endorse the amendment in a statewide referendum. That means a little more than four years must pass before the change could be instituted.

Flores says the coalition is keeping an eye on that timeline, with plans to engage lawmakers from both parties next year in order to get legislation introduced and passed.

“We have to fix this permanently — that is what we are now focused on,” says Penny Bernard Schaber, leader for the Fair Maps Coalition’s team in the 8th Congressional District. “We want to put both parties on notice that we need to fix what we are doing.”

Even as the maps lawsuit was underway, advocates for bigger change were continuing to meet and organize, Flores says. And after the Court ruling and the adoption of the new, fairer maps, the work for an independent redistricting body kicked into higher gear.

An ad hoc committee on redistricting reform met monthly and later more often over the last year, with participants drilling down into alternatives for structuring independent redistricting bodies.

“We were able to really study how independent redistricting commissions in other states really worked,” Flores says.

“We looked at every single state that has an independent commission,” says Debra Cronmiller, executive director of the League of Women Voters of Wisconsin. There were conversations with academics and other groups that draw legislative maps.

“We tried to glean from all of that information what would work best for Wisconsin,” Cronmiller said.

The Wisconsin Fair Maps Coalition has drawn up a draft for how a Wisconsin commission might work, but Flores emphasizes that it’s still a work in progress.

The coalition has begun a series of community hearings to engage the public, explain the concept and refine the details. Hearings were held in the Milwaukee North Shore suburbs in June and in Dodgeville on July 12.

On Wednesday evening, there will be a hearing in Green Bay at the Brown County Central Library starting at 5:30 p.m. On Thursday one is scheduled for Wausau, and more meetings are planned through the summer and into the fall.

“We’re trying to get community input,” Flores says. “There are questions we still don’t know the answers to, and we’re learning so much  — it’s been an amazing, citizen-led process that I don’t think I’ve seen before.”

The groups and individuals working on the project are considering “how to make sure that the commission accurately reflects and represents the people of Wisconsin — how to make sure that we incorporate people from different political backgrounds, different ethnicities,” Flores adds. “We’re trying to be what Wisconsin looks like.”

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Wisconsin lawsuit seeks to ban Elon Musk from offering $1 million checks to voters

Elon Musk shakes hands with Nicholas Jacobs while they hold a big $1 million check.
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A government watchdog group in Wisconsin filed a lawsuit Wednesday seeking to prohibit billionaire Elon Musk from ever again offering cash payments to voters in the battleground state like he did in this spring’s hotly contested Supreme Court race.

Musk handed out $1 million checks to three Wisconsin voters, including two in person just days before the state’s April 1 Supreme Court election, in an effort to help elect conservative candidate Brad Schimel. Two weeks before the election, Musk’s political action committee, America PAC, offered $100 to voters who signed a petition in opposition to “activist judges,” or referred someone to sign it.

It was all part of more than $20 million that Musk and groups he supports spent on the race in an effort to flip majority control of the Wisconsin Supreme Court. More than $100 million was spent by both sides, making it the most expensive court race in U.S. history.

Musk’s preferred candidate lost to Democratic-backed Susan Crawford by 10 percentage points. Her victory cemented the 4-3 liberal majority on the Wisconsin Supreme Court until at least 2028.

Since that election, Musk announced he will spend less on political campaigns and then feuded publicly with President Donald Trump after exiting his administration.

The lawsuit filed Wednesday in state court by the Wisconsin Democracy Campaign says that Musk’s actions create “the risk that Wisconsin elections will become an open auction, where votes go to the preferred candidates of the highest bidders and the election outcome is determined by which candidate has a patron willing and able to pay the highest sum to Wisconsin voters.”

The lawsuit says that Musk and two groups he funds violated prohibitions on vote bribery and unauthorized lotteries and says his actions were an unlawful conspiracy and public nuisance. The lawsuit asks the court to order that Musk never offer similar payments to voters again.

A spokesperson for Musk’s America PAC did not immediately return a text message Wednesday seeking comment.

There is another Wisconsin Supreme Court election in April. In November 2026, control of the Legislature and the governor’s office, as well as the state’s eight congressional districts, will be decided.

The latest lawsuit was filed on behalf of the Wisconsin Democracy Campaign and a pair of voters by the liberal Wisconsin-based Law Forward and the Washington-based Democracy Defenders Fund. It was filed against Musk, his group America PAC that announced the petition and the Musk-funded group United States of America Inc. that made the payments.

The court that Crawford joins in August could ultimately hear the new lawsuit. Crawford would almost certainly be asked to recuse from the case, and if she did, the court would be left with a 3-3 split between conservative and liberal justices.

The current court, also controlled 4-3 by liberals, declined to hear a similar hastily filed lawsuit brought by Wisconsin’s Democratic attorney general seeking to block Musk’s handing out of two $1 million checks to voters two days before the election.

Two lower courts rejected that lawsuit before the Supreme Court declined to hear it on procedural grounds.

Musk’s attorneys argued in that case that Musk was exercising his free speech rights with the giveaways and any attempt to restrict that would violate both the Wisconsin and U.S. constitutions.

Musk’s political action committee used a nearly identical tactic before the presidential election last year, offering to pay $1 million a day to voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second amendments. A judge in Pennsylvania said prosecutors failed to show the effort was an illegal lottery and allowed it to continue through Election Day.

federal lawsuit filed in Pennsylvania in April alleges that Musk and his political action committee failed to pay more than $20,000 for getting people to sign that petition in 2024. America PAC on Monday filed a motion to dismiss. That case is pending.

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 lawsuit seeks to ban Elon Musk from offering $1 million checks to voters 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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