Boxes of ballots wait to be counted at Milwaukee's central count on Election Day 2024. (Henry Redman | Wisconsin Examiner)
A Waukesha County judge on Monday issued a temporary partial stay of his ruling in a case over how state election authorities verify the citizenship status of people registering to vote.
The partial stay was issued after the state Department of Justice had requested that Judge Michael Maxwell hold up the entirety of his order pending an appeal. Oral arguments will be held Oct. 31 to determine if the rest of the order should be stayed.
Maxwell ruled Friday that the Wisconsin Elections Commission and Department of Transportation have a duty to match citizenship records with the state’s voter registration system to determine that non-citizens are not registering to vote. In his order, he also required that state and local election officials stop accepting new voter registrations without checking citizenship status and that the parties in the lawsuit meet to determine a plan for checking the existing voter rolls for non-citizen voters.
The Monday order that partially stayed the decision put a pause on the halt to accepting voter registrations.
DOJ had argued that Maxwell’s order would require a “massive overhaul” of the state’s voter registration system and take months to implement, that the ruling doesn’t make clear what the citizen verification requirement actually entails and potentially violates state law requiring the elections commission to maintain the electronic voter registration system.
Non-citizens are not allowed to vote. Current law requires that people seeking to register to vote attest under penalty of imprisonment that they are U.S. citizens. In Wisconsin, immigrants without legal documentation are unable to obtain a driver’s license and a state-issued photo ID is required to register to vote.
Despite little evidence that non-citizen voters are casting ballots in large numbers, the issue has been repeatedly raised by Republicans in recent years — particularly since President Donald Trump falsely claimed that the 2020 election was stolen from him, and among Republicans who are already skeptical of the election system as a whole.
A PFAS advisory sign along Starkweather Creek. (Henry Redman | Wisconsin Examiner)
More than two years after $125 million was set aside in the 2023-25 state budget to fund the remediation of PFAS contamination across Wisconsin, legislators are again trying to pass two bills to get that money out the door.
At a Senate public hearing Tuesday, the bills’ Republican authors said they’re “all ears” for reaching a compromise on final language. However in the last legislative session, initial hopes that a deal could be reached went unfulfilled after Republicans, Democrats, business groups and environmental organizations dug into their positions and the bill was ultimately vetoed by Gov. Tony Evers.
As was the case in the last effort, the dispute is over who and how the state will hold entities responsible for PFAS contamination.
PFAS are a class of man-made chemical compounds commonly known as “forever chemicals” because they don’t break down easily in the environment. The chemicals, which were used for decades in goods such as non-stick pans, fast food wrappers and firefighting foams, have been connected to causing cancer, thyroid diseases and developmental problems. CommunitiesacrossWisconsinhavefoundPFAScontamination in their water supplies.
Sen. Eric Wimberger (R-Oconto), one of the bills’ co-authors, said at the Tuesday hearing he’s trying to make sure people don’t have to choose between “their health and financial ruin” by testing for contamination and potentially being held responsible for paying for the clean up under the state’s spills law — which allows the Department of Natural Resources to force “responsible parties” to pay for the testing and remediation of chemical contamination.
“We are transitioning from a medical and legal paradigm where a widely used substance was not considered hazardous, to a paradigm where it is considered hazardous, it’s imperative we don’t sweep up those who are not responsible and treat them as though they are,” he said.
Wimberger and Rep. Jeff Mursau (R-Crivitz) have proposed Senate Bills 127 and 128, which establish the exemptions under which people won’t be held responsible for PFAS contamination on their property and create a number of grant programs to spend the $125 million.
The challenge is that Republicans and industry have different definitions of who counts as responsible for contamination than Democrats and environmental groups. Constructing exemptions to the spills law that are too narrow could result in people being forced to pay for remediation they didn’t cause. But writing the exemptions too broadly could result in polluters passing the cost of remediation on to taxpayers.
Across the state, municipal wastewater treatment utilities sell or give away the byproducts of their plants to use as fertilizer on farm fields. The DNR grants permits to allow the spreading of these byproducts, known as biosolids, which for years was seen as an environmentally responsible source of fertilizer because it was recycled. However biosolids from places with PFAS contamination in the water are contaminated, which can pollute the water near the field where they’re spread.
Wimberger wants to make sure these farmers aren’t on the hook with the DNR to pay for contamination they didn’t know was happening and the DNR gave them a permit to create.
But environmental advocates don’t want the exemptions to be so vague that they’re available to entities such as paper mills or chemical manufacturers.
“We’re just asking you to understand that the way that you word an exemption is going to matter,” Christine Sieger, director of the DNR’s remediation and redevelopment bureau, said in her testimony. “I implement the spill law all day, every day, and I can tell you, people are crafty when it comes to getting out of liability. They will come up with all sorts of ways for how they can get themselves off the hook. And I just, I don’t want you to help them do that. Let’s make sure that they can take care of our people and clean up the mess that they’ve made.”
After the proposed PFAS bill was vetoed by Evers last session, Wimberger complained that opponents raised concerns about the exemptions being too broadly worded without naming specifics. On Tuesday, he said people objected with “platitudes” rather than specific language that could be corrected and that he hoped opponents could be more constructive this time around.
Erik Kanter, director of government relations for Clean Wisconsin, said Tuesday the organization couldn’t support the proposal without amendments, proposing specific line-by-line changes for the bill authors to make.
Kanter pointed to a line in SB 128 that states “a person that spreads biosolids or wastewater residuals contaminated by PFAS in compliance with any applicable license or permit” is exempt from being held responsible for PFAS contamination under the spills law. However, he said, that line is so vaguely worded that an industrial manufacturer could purchase and spread biosolids on its property as a way to gain an exemption from being held responsible for contamination it caused by creating PFAS as a byproduct of manufacturing.
“The Legislature created the PFAS trust fund 29 months ago,” Kanter said. “Marinette, Peshtigo, the Town of Campbell, the town of Stella and communities and individuals throughout the state have waited and waited and waited for state government to create the programs through which the PFAS trust fund can be allocated. They don’t deserve to wait another day. They don’t deserve a bill that doesn’t meet their needs or lets polluters off the hook and saddles taxpayers with the bill. We believe that compromise is possible and essential. We value the bill authors’ partnership to find compromise on this bill. Clean Wisconsin shares their goal in getting a bill to the governor’s desk for his signature this session, and we will continue working in good faith toward that end.”
Both Mursau and Wimberger expressed hope that they could write an amendment that would get enough support to be signed into law.
“It’s my intention to take the feedback here … and bring forward the amendment that can earn the support of the Legislature to be signed into law by the governor,” Mursau said. “I also want to take this opportunity to thank the groups and individuals who have come to us, not just with criticisms, but with constructive ideas. Those who are willing to engage in dialogue, not just opposition, have been instrumental in helping us shape the legislation that can actually pass and deliver results. In a divided government like ours, meaningful progress requires compromise. I’m grateful for those who recognize that and continue to work with us in good faith.”
The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)
The voting rights focused firm Law Forward and former Democratic U.S. Sen. Russ Feingold filed an amicus brief Monday in a lawsuit brought by the National Republican Senatorial Committee to strike down a law that limits the amount of money political parties can contribute to individual candidates for office.
The lawsuit was initially brought in 2022 by two Republican candidates, including then-Sen. J.D. Vance. The 6th Circuit Court of Appeals rejected the Republican argument and now that decision is being appealed to the U.S. Supreme Court. The Court is expected to hear the case during its 2025-26 term, which began on Monday.
In the amicus brief, Feingold and Law Forward argue that the weakening of campaign finance laws over the past few decades has deeply harmed American democracy — making elected officials more responsive to the needs of their wealthiest donors, in or out of their states and districts, rather than their constituents.
“We don’t have to guess what will happen if additional campaign finance rules are torn up, we’ve already witnessed it in Wisconsin. Striking down these federal limits will remove guardrails that are necessary for a representative democracy to thrive,” Feingold said in a statement. “The erosion of regulations is responsible for an alarming increase in the amount of money flowing through elections, giving wealthy donors an outsized voice in the political process, reducing the public’s faith in their elected representatives, and diminishing voters’ willingness to continue participating in the political process.”
During his 18 years in the Senate, Feingold regularly focused on campaign finance issues, including the passage of the Bipartisan Campaign Reform Act, which is commonly known as McCain-Feingold and instituted a number of rules guiding the use of “soft money” by outside groups running ads to influence elections.
The Supreme Court’s decision in Citizens United v. FEC decision in 2010 weakened the law and the brief filed Monday argues the erosion of campaign finance rules has damaged the country’s politics and made its government vulnerable to corruption.
“For a representative democracy to thrive, elected officials must be responsive to their constituents and avoid even the appearance of corruption,” the brief states. “Campaign finance regulation exists to reinforce these guardrails. Yet, for years, opponents of regulation have persistently chiseled away at the limits established to prevent excessive campaign cash from corrupting our elections.”
The brief uses Wisconsin as an example, which since 2015 has not placed a limit on the amount political parties can give to candidates. That change has resulted in wealthy donors from Wisconsin and across the country giving maximum contributions to candidates’ campaigns while giving much larger donations to each candidate’s party — essentially using the party committee as a middleman to funnel millions of dollars into candidate accounts.
“With each election cycle, the total contributions made, especially for statewide candidates, grows at a shocking rate, incentivizing candidates to court the wealthiest donors,” the brief states. “And, as Wisconsin elections have drawn more and more national attention, the pool of prospective donors has expanded to include increasing numbers of millionaires and billionaires residing in other states. Thus, the cycle continues. The flood of money into Wisconsin’s elections has bred accusations of corruption and threatens to drown out — if not completely silence — the voices of average voters.”
The brief argues that the decision by Wisconsin Republicans in 2015 to weaken the state’s campaign finance laws resulted in a downward spiral that opened the floodgates to money pouring into high profile races — most notably campaigns for governor and state Supreme Court.
“Wisconsin’s experience shows exactly what happens when we eliminate these crucial guardrails,” Law Forward attorney Rachel Snyder said. “The wealthiest donors route massive contributions through political parties, effectively buying themselves significant access to and influence with both political parties and elected officials. This isn’t about partisan politics — it’s about preserving a democracy where average citizens’ voices aren’t drowned out by billionaires’ checkbooks.”
Lisa Neubauer, an appeals court judge and former candidate for Wisconsin Supreme Court, announced Monday she plans to retire at the end of her term next year.
Neubauer, 68, has sat on the District II Court of Appeals for 18 years after being appointed to the seat in 2007. Prior to joining the bench, she was a private practice attorney at Milwaukee-based Foley and Lardner.
She ran unsuccessfully for the Wisconsin Supreme Court in 2019 and was last elected to a six-year term on the appeals court in 2020, winning 54% of the vote in the 12-county southeastern Wisconsin district that is based in Waukesha County.
She is also the mother of Assembly Minority Leader Greta Neubauer (D-Racine).
As the judicial liberals have slowly gained control of the Supreme Court over the past five years, District II has become the most reliably conservative appellate district. Neubauer is the only liberal on the four judge panel.
“In these trying and divided times, our courts must protect our democracy, our liberty, and our rights, by maintaining judicial independence and upholding the constitution and the rule of law. I have attempted to do that with every single decision,” Neubauer said.
Last week, conservative District II Judge Maria Lazar announced she is running for the Supreme Court in next year’s April election.
Dairy cows huddle at sunset on a farm in Manitowoc County. Advocates and farmers say an ICE raid that took 24 migrants into custody Sept. 25 poses a threat to the state’s dairy farms and the immigrant workers that keep the industry afloat. (Photo by Andrew Kennard/Wisconsin Examiner)
The morning of Sept. 25, federal agents and immigration authorities swept into Manitowoc to arrest people alleged to be in the country without proper documentation. Agents first went to a Walmart parking lot where dairy workers are known to meet up before driving to the farms where they work. The action then moved on to private residences, where migrants were arrested as they left the house.
The U.S. Department of Homeland Security claims the ICE raid in Manitowoc was aimed at dismantling an international sex and drug trafficking ring, but has so far provided little evidence to support that claim. Federal authorities initially said 21 migrants had been arrested in the raid, before later saying 24 had been picked up.
On Tuesday, DHS released the names of six of the 24. Only one individual named in the release has been charged with a sex crime — Jose Hilario Moreno Portillo, who was charged in Manitowoc County court in May with the 2nd degree sexual assault of a child. However, Moreno Portillo has not yet been convicted and court records show he’s been in ICE custody since July.
ICE did not respond to a request for comment on why Moreno Portillo was named as being arrested in the Manitowoc action when he was already in ICE custody.
The five other named individuals have been convicted of identity theft, hit-and-run, disorderly conduct, driving under the influence, possession of narcotic equipment, traffic offenses and a failure to appear charge.
In Wisconsin, immigrants without documentation aren’t able to obtain driver’s licenses, which often causes them to wrack up several criminal traffic offenses when they’re pulled over and ticketed for driving without a license.
With little proof that ICE actually broke up a ring of sex traffickers, immigration advocates and farm groups see the raid as a direct threat to the state’s dairy farms and the immigrant workers that keep the industry afloat.
Farmers and immigrant advocates in Wisconsin have been watching ICE’s actions on dairy farms across the country closely. In March, ICE raided a dairy farm and petting zoo in New York. In April, a raid on a dairy farm in Vermont resulted in eight arrests. And in early June, ICE arrested 11 immigrants in a raid on a dairy farm in New Mexico.
But so far, enforcement against undocumented people on dairy farms had been sporadic and far from the Midwest. In June, President Donald Trump announced and then retreated from guidance that ICE would not aggressively target farms and the hospitality industry.
While last Thursday’s raid in Manitowoc didn’t take place on a dairy farm, most of the individuals arrested were dairy workers. Beyond that, they were dairy workers in the county with the highest concentration of dairy factory farms in the state. Manitowoc County and its northeast Wisconsin neighbors are the epicenter of the modern farming powerhouse that maintains Wisconsin’s status as “America’s Dairyland.”
“It’s just sending an economic ripple effect across the dairy industry, which is Wisconsin’s rural economy,” says Luis Velasquez, statewide organizing director for immigrant advocacy group Voces de la Frontera. “And then also there’s the symbolic and political dimension to it as well. We are America’s Dairyland, and so this enforcement is not just an administrative matter, but it threatens the industry’s well being. Who are we going to be after all of this? Are we still going to be America’s Dairyland?”
Velasquez says the raid sent a “big anxiety wave” through immigrant communities across the state.
“These views have just spiraled out of control in terms of the rumors that have been sent out across the community, rumors of ICE coming into their neighborhoods, to their homes, to their schools,” Velasquez says.
“I have had serious conversations since the raid in Manitowoc of folks who are planning to leave after many years of being here,” he adds. “They just don’t feel like this is a humane lifestyle anymore. They’ve given many years of their lives, and many of them have children here.”
Michael Slattery, a Manitowoc County farmer who grows grain and raises Holstein steers, points to data that shows 70% of the labor on Wisconsin’s dairy farms comes from immigrants and estimates that the dairy industry is the driver of 20% of Manitowoc County’s economy.
Slattery says farmers can’t survive without that migrant labor because no one else is willing to do the work.
“Do you want to get up at 3 a.m. seven days a week to go out in the cold, the heat, to get kicked by cows when you’re putting the suction cups on, to be shat upon, pissed on, pushed around by 1,400 pound cows? People don’t want that,” he says. “I’ve tried to hire part time labor here, I cannot get people, they don’t want to do this sort of stuff.”
Simply expecting farm families to pick up the slack isn’t the answer, he adds. “These dairy farms, they don’t have enough family members that can come out and replace immigrant labor, both documented and undocumented, that are leaving,” Slattery says. “They’re in a money-losing situation now.”
Losing the dairy labor force would have ripple effects across the economy in Wisconsin and the country.
“What do they do in that situation? If your cows cannot be milked, in two, two and a half weeks they’ll go dry,” he says. “The cows get milk fever, get ill, that’s your cheap hamburger in the stores. They’re selling the cows at a loss, that’s what they’ll do. There’s less milk in the market, that will drive up prices for cheese, milk and butter.”
Danielle Endvick, executive director of the Wisconsin Farmers Union, says if Wisconsin’s immigrant workers leave the state — either from being arrested by ICE or leaving on their own to avoid arrest — farms could close and prices could increase.
“Immigration raids and mass deportations can shrink rural economies, are terribly destabilizing for communities and can harm schools, churches, just the fabric of our rural communities too,” Endvick says. “Our rural spaces, our farmers can’t thrive if we’re treating a key workforce like they’re disposable. I think that immigrant workers are essential to Wisconsin dairy, and that when they are threatened, farmers in our rural communities are threatened too.”
Federal agents picked up migrants who were in the parking lot of this Manitowoc Walmart store on Sept. 25. Migrant farm workers in the area have been known to gather at the store before driving to the farms where they work. (Photo by Andrew Kennard/Wisconsin Examiner)
Fred Clark announced Wednesday he's running for Wisconsin's 7th Congressional District. (Screenshot)
Fred Clark, a former Democratic state legislator and executive director of Wisconsin Green Fire, announced Wednesday he’s running for Wisconsin’s 7th Congressional District
The 7th District covers much of northern and central Wisconsin. It is currently held by Republican Rep. Tom Tiffany, who recently announced he is running for governor. Clark served in the Legislature from 2008 to 2015. After leaving the Legislature, he worked for Green Fire, a non-profit organization dedicated to protecting Wisconsin’s environment.
In a video announcing his run, Clark complained that Congress is allowing President Donald Trump to institute tariffs that are harming the northern Wisconsin economy while cutting federal benefits and failing to keep the government funded.
“We’re all starting to pay more for the things we need because this Congress refused to stop an insane tariff war against our best trading partners,” Clark said. “And unbelievably, they just voted for a massive handout to billionaires that will add $3.4 trillion to our national debt while taking health care away from 270,000 Wisconsinites who need it the most, leaving the rest of us to pay more for health care that’s just getting worse.”
On his campaign website, Clark says his priorities are rebuilding rural economies, maintaining secure borders while providing a pathway for immigrants to live and work in the country, expanding health care coverage and responsibly managing the state’s farms and forests.
Jessi Ebben, a Republican from Stanley had filed to run for the seat before Tiffany announced his gubernatorial campaign. Republican state lawmakers from the area, including Senate President Mary Felzkowski (R-Tomahawk) could also get in the race.
In a video posted to X, Appeals Court Judge Maria Lazar announced she's running for the Wisconsin Supreme Court. (headshot courtesy of Wisconsin Court System)
Appeals Court Judge Maria Lazar announced she’s running for a seat on the Wisconsin Supreme Court Wednesday morning.
Since her election to the District II Court of Appeals in 2022, Lazar has been a reliable vote for right-wing causes on the panel — which is controlled by a 3-1 conservative majority.
Lazar joins fellow appellate Judge Chris Taylor in the race for an open seat on the Court, which is being vacated by Justice Rebecca Bradley. Bradley has been one of the Court’s most right-wing members and announced earlier this year she would not run for re-election.
In a video posted to X, Lazar said she was running for the seat to reduce the “politicization” of the Court.
“We need to draw a line in the sand and stop the destruction of our courts, especially our state Supreme Court,” Lazar said. “I am an independent, impartial judge who strives to follow the law and Constitution in every decision I make from the bench. It is time to restore that level of judicial dedication to the Court.”
Lazar, a former Waukesha County judge and assistant district attorney, also noted that she’s been elected to her seats on the circuit and appeals courts while Taylor, a former Democratic state lawmaker, was first appointed to a seat on the Dane County Circuit Court by Gov. Tony Evers.
While her campaign announcement sought to establish her nonpartisan bonafides, Lazar has a history of fighting for Republican causes. In her last campaign for her seat on the court of appeals, Lazar touted endorsements from prominent election deniers.
Those endorsements included former Supreme Court Justice Michael Gableman, who recently agreed to have his law license suspended for three years over his widely derided review of the 2020 presidential election, Jim Troupis, who is facing criminal charges for his role in the plot to cast false Electoral College votes on behalf of President Donald Trump, and Bob Spindell, a Republican member of the Wisconsin Elections Commission who cast one of those fraudulent ballots and has regularly used his position to spread conspiracy theories about election administration.
Lazar was also endorsed in that race by Pro-Life Wisconsin, an organization dedicated to banning all abortions in the state. That endorsement is a stark contrast with Taylor, who previously worked as policy director for Planned Parenthood of Wisconsin.
“Just like Rebecca Bradley, Maria Lazar has spent her career rolling back people’s rights, attacking reproductive health care and voting rights, and doing the bidding of powerful special interests and her billionaire friends,” Ashley Franz, Taylor’s campaign manager, said in a statement. “If elected, Maria Lazar would be the most extreme member of the Wisconsin Supreme Court. It’s no surprise that she’s backed by the same right-wing billionaires who tried unsuccessfully to buy a seat on our supreme court this last April, which Wisconsinites overwhelmingly rejected.”
Wisconsin farms applied about 16 million pounds more nitrogen than necessary to their fields in 2022, according to a recently released report from Clean Wisconsin and Alliance for the Great Lakes.
The excess application of fertilizer poses serious risks to public health, raises costs for people who get their water from public utilities or private wells and increases costs for farmers, the report found.
Throughout the report, the environmental groups included input from residents who have had their health and wallets affected by nitrate pollution.
“I own a daycare center, and the mental toll of just staying in business because I did not cause the contamination of my well and yet am expected to solve the problem is exhausting…” Kewaunee County resident Lisa Cochart says in the report. “This could put me out of business. I work hard to provide my community with a service that assures that each child is receiving the best care and it can be shut down because of a nitrate test that I cannot control.”
The report makes a number of recommendations to better track the amount of nitrogen spread on Wisconsin’s fields and in Wisconsin’s water systems while better enforcing regulations meant to protect drinking water. But agricultural industry representatives have said the report places too much burden on farmers — even though agriculture produces up to 90% of the nitrogen in the state’s groundwater.
“Wisconsin cannot afford to delay. The cost of inaction — both financial and human — is rising,” the report states. “A coordinated, science-based policy response is essential to reduce nitrate pollution at its source, protect public health and ecosystems, and ensure clean, safe drinking water for future generations.”
The report recommends tougher state standards for nitrates, improved enforcement of nutrient management plans on individual farms, creating a statewide registration system for manure haulers and requiring regular groundwater monitoring for factory farms. It also proposes collecting data on the cost of nitrogen contamination to public water systems, expanding the state’s existing private well compensation program and increasing the state’s nitrogen fertilizer tonnage fees.
While the report’s recommendations are aimed at a wide range of policy areas and farming is the major source of nitrogen contamination, dairy industry representatives have pushed back on its findings. Tim Trotter, CEO of the Dairy Business Association, told Wisconsin Public Radio farmers are already doing enough voluntarily to address the problem.
“Our work with solutions-minded environmental groups and other stakeholders through a statewide clean water initiative has resulted in tailored changes to programs and policies that open up more opportunities for on-farm innovation that addresses this important issue,” Trotter said. “Reports like this one do little to bring practical, achievable solutions to water quality challenges, and can be counterproductive to progress.”
In the past, the Dairy Business Association has sued state regulators to weaken the state’s ability to regulate pollution sources such as runoff.
The report states that the state Legislature and the courts have limited the authorities of state agencies, including the Department of Natural Resources and Department of Agriculture, Trade and Consumer Protection, preventing them from doing all that is necessary to manage the contamination.
“Because Wisconsin administrative agencies have been severely limited in their ability to establish new regulations, they have relied heavily on voluntary incentives, such as cost-sharing and price supports to incentivize farmers to implement conservation measures,” the report states. “However, it is clear that these voluntary incentives alone aren’t enough to solve Wisconsin’s nitrate problems.”
The report also found that in applying more nitrogen fertilizer than necessary, Wisconsin’s farmers are spending $8-$11 million more each year than they need to — “dollars that could be saved with more precise application.”
More than one-third of the state’s residents get their drinking water from private wells, which are especially susceptible to nitrate contamination. The report recommends expanding the well compensation program, but adds that is just a band-aid solution.
The program also limits participation to residents making less than $60,000 per year and includes a number of requirements that further restrict who is eligible, even if their wells exceed the state’s nitrate standard of 10 milligrams per liter, according to the report.
Instead, the report argues, the state needs to better work to keep nitrates out of the groundwater in the first place.
“Well compensation programs, while vital for near-term relief, are ultimately a stopgap,” the report states. “They do not address the root cause of nitrate pollution. Without stronger upstream controls on nitrate pollution, more families will face the high cost and growing scarcity of access to safe drinking water.”
Former Supreme Court Justice Michael Gableman in a 2021 video promoting the partisan review of the 2020 election. (Screenshot/Office of the Special Counsel YouTube channel)
Former Supreme Court Justice Michael Gableman’s license to practice law in Wisconsin should be suspended for three years, a third-party referee wrote, agreeing with the state Office of Lawyer Regulation’s allegations that he violated standards for professional conduct during his much-maligned review of the 2020 presidential election.
The Wisconsin Supreme Court will have the final say in the matter, a Court spokesperson said Friday.
The suspension recommendation marks the conclusion of Gableman’s effort to fight attempts to hold him accountable for his conduct during the election investigation. The OLR found that while working on behalf of Assembly Speaker Robin Vos to look into alleged wrongdoing during the election, Gableman lied to a Waukesha County judge about conversations he had with other attorneys, lied to an Assembly committee, deliberately violated state open records laws, used his agreement with Vos to pursue his own political interests, violated his duty of confidentiality to his client and lied in an affidavit to the OLR as it was investigating him.
Gableman’s investigation ultimately cost the state more than $2.3 million without finding any evidence to confirm President Donald Trump’s baseless claims of fraud during the 2020 election.
The review also helped further fan the flames of election conspiracy theories in the state. Those beliefs have remained prominent among segments of the state Republican Party’s base nearly five years after the election.
After fighting the allegations against him, Gableman ultimately reached an agreement with the OLR and stipulated that the allegations in the complaint against him were true.
In his report the referee, James Winiarski, wrote that the consequences for Gableman’s actions must be severe.
“A high level of discipline is needed to protect the public, the courts and the legal system from repetition of Attorney Gableman’s misconduct by Attorney Gableman or any other attorneys,” Winiarski wrote. “His misconduct was very public in nature and involved many members of the public and employees of several municipalities.”
This report has been updated to clarify that the Wisconsin Supreme Court will make the final decision on the referee’s recommendation.
An Immigration and Customs Enforcement officer's badge is seen as federal agents patrol the halls of immigration court in New York City on June 10, 2025. (Photo by Michael M. Santiago/Getty Images)
The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.
ICE arrests in Wisconsin from January to the end of July this year increased 22% compared to the same time period last year and most of that increase has come from federal authorities arresting people who have been charged with but not yet convicted of a crime, according to federal data compiled by the Deportation Data Project.
Advocacy groups say the increase in arrests has sown fear and confusion among the state’s immigrant communities, and the intensity of ICE’s tactics have drawn attention and controversy across the country. But Wisconsin has thus far avoided the full brunt of President Donald Trump’s immigration crackdown compared to the state’s four midwestern neighbors.
Iowa, which of the five states had the lowest number of ICE arrests last year under President Joe Biden, has seen arrests increase 293% this year under Trump.
Illinois, where Chicago has become a focus of federal law enforcement and ICE activity, has seen ICE arrests increase 46% this year.
Minnesota, despite its similarities to Wisconsin in total population and number of Hispanic residents, has seen ICE arrests increase 95% this year.
Last year, Michigan and Wisconsin had nearly equal amounts of ICE arrests. But under Trump, Michigan ICE arrests increased 152%.
Luis Velasquez, statewide organizing director for Voces de la Frontera, told the Wisconsin Examiner that the administration’s tactics have caused fear to spread through immigrant communities across the state — even if the total number of arrests hasn’t increased as much as in other places. And while the numbers haven’t increased substantially, local law enforcement across the state has shown an increased willingness to devote resources to the federal immigration crackdown. The number of county sheriff’s offices participating in a federal collaboration program with ICE has jumped from nine to 14 this year.
“In many ways it is like a psychological warfare that this administration has launched,” Velasquez said.
Tim Muth, a staff attorney at the ACLU of Wisconsin, said the data can’t be used to predict future ICE activity in the state, but in the first eight months of the Trump administration, ICE is working with local law enforcement in ways that have terrified immigrants.
“We don’t want to speculate on individual statistics or on what the future plans of the Trump regime may be, but we can say that increased collaboration between local law enforcement and ICE is instilling a sense of fear and instability in Wisconsin’s immigrant communities,” Muth said in an email. “We know they are ramping up their deportation agenda, and they are relying on local authorities to make it happen.”
Trump was elected after running on a platform of “mass deportations” and taking advantage of a backlash against a spike in the number of people making claims for asylum at the U.S./Mexico border under President Joe Biden. But Velasquez said it feels like ICE’s increased role is doing nothing to address the real challenges of immigration policy.
“There isn’t this thoughtful, strategic conversation, to really solve these issues,” he said. “It has been very radical, the way that it’s been enforced. So on the ground people have lost that kind of sense of let’s talk about solutions. It feels very reactive. People are not shopping, with school started again, there’s fear about ICE going into schools. It’s charged with anxiety and fear. It’s unnecessary suffering that is being caused statewide.”
He points to instances in which people living in the country without legal authorization have been arrested after showing up for court dates or been accused of bizarre crimes by the federal government.
“What people are sensing in one way is this is a system that doesn’t make sense. It’s not working for us,” he said. “And then, on the other hand there’s people who are saying, ‘Well, I can be accused of any crime, and then I could just be detained.’”
The Trump administration and Department of Homeland Security officials have regularly claimed ICE is targeting “the worst of the worst,” rooting out violent criminals and gang members. But NBC5, a Chicago TV station, reported this week it could find no criminal record for people the department arrested on immigration charges, claiming they were violent offenders.
Across the Midwest the increase in ICE arrests has been driven by targeting people who have been charged but not convicted of crimes — a tactic that experts say violates due process and makes communities less safe.
In Wisconsin, under Biden, 56% of those arrested by ICE were convicted of a crime and 9% had pending criminal charges. This year under Trump, 60% of those arrested have been convicted of a crime and 24% have pending criminal charges.
Protesters gather outside of the Federal Building in Milwaukee to denounce the arrest of Circuit Court Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)
That data includes cases such as Eduardo Flores-Ruiz, the Mexican immigrant who had appeared for a court date in Milwaukee County in a misdemeanor battery case when federal agents from ICE, the FBI and DEA arrived at the courthouse to arrest him. That arrest led to federal authorities charging Milwaukee County Judge Hannah Dugan with a felony for allegedly obstructing the arrest.
Nationally, 70.8% of people in ICE custody have no criminal convictions, according to data compiled by the Transactional Records Access Clearinghouse.
“ICE will continue to prioritize the worst of the worst criminal illegal aliens who have committed violent crimes, ensuring our children are protected and justice is served,” the agency, which did not respond to a request for comment, said in a news release on Wednesday about its arrests of six individuals without legal documentation convicted of sex crimes in six different states.
While the administration emphasizes justice when it says it is targeting dangerous criminals, Muth said arrests of people not yet convicted damages the criminal justice system.
“Picking up persons on ICE detainers while charges are still pending subverts the criminal justice system and deprives persons of their right to trial,” he said. “We also remain deeply concerned about the ongoing erosion of due process, as immigrants across the country have been abruptly rounded up by masked agents, detained and arrested without explanation, all while their families are kept in the dark about what’s happening to them. These horrifying scenes point to the federal government’s willingness to ignore the rights of immigrants and betray fundamental principles of our immigration system.”
Luca Fagundes, a Green Bay-area immigration attorney, says ICE operating in courthouses is the “easy road” for rounding up immigrants because people have little choice to avoid a court date — even if the crime is as simple as driving without a license, which immigrants without legal authorization to live in the country are unable to obtain in Wisconsin.
“People are showing up to traffic court, and when their case is called their identity is confirmed, which makes it very easy for an ICE officer to detain them after leaving the courtroom,” Fagundes said in an email. “That person, who showed up for court (again, for perhaps something as simple as driving without a license) is now being arrested and detained by ICE. They will then be transferred to an ICE facility where they wait weeks or months for a bond hearing with an immigration judge. While in ICE custody waiting to see the immigration judge, they typically then miss the next court appearance they may have on their traffic court matter, and that results in a warrant for their arrest on that simple traffic matter.”
“It’s a domino effect of catastrophe for that individual,” she added, “and, if applicable, their family.”
Velasquez said the modest increase in arrests here in Wisconsin has triggered fear. But he said successful organizing efforts to protect migrant farm workers and prevent more law enforcement from signing agreements with ICE may have helped stave off raids on farms and, for now, helped keep Wisconsin’s immigrant workforce safer than workers in other states.
“There’s people who are being detained, so people are feeling it, regardless of the data,” he said. “But I do agree [about] the power of local communities being able to reject and say that we know what’s best for our local communities. We’re not going to be seduced by money, by this administration. … We know our local communities better, and we don’t want our workers to suffer.”
“I think that there are powerful alliances that are being built across Wisconsin,” he continued. “That may be the reason why we haven’t gotten hit. But who knows — that could dramatically change tomorrow, right? So we do recognize the small victories, and this is good news, right? But at the same time, I think we need more dialogue. We need more common sense policies. We need more conversations of what we agree on.”
Microsoft’s $3.3 billion data center project in Mount Pleasant will require up to 8.4 million gallons of water per year, according to data released Wednesday by the city of Racine.
Racine officials on Wednesday released the records related to the projected usage of water at Microsoft’s planned artificial intelligence data center seven months after they’d been initially requested by a Milwaukee-based water quality advocacy group and days after a lawsuit was filed to force their publication.
The data center is currently under construction at the site initially planned to hold the Foxconn manufacturing plant in Mount Pleasant and expected to begin operation next year.
Data centers require a huge amount of energy to keep running and use a significant amount of water to keep the servers inside cool. The water for the data center is being provided by the Racine Water Utility under an agreement with the village of Mount Pleasant. The Foxconn site has already been subject to water-based controversy after concerns were raised that water would be diverted from Lake Michigan to the area.
The Great Lakes watershed around the southwest tip of Lake Michigan does not extend very far off the shoreline, meaning any water taken to Mount Pleasant is taking water away from the Great Lakes — threatening the agreements in the Great Lakes compact and risking the creation of a precedent across the eight U.S. states and two Canadian provinces along the Great Lakes shoreline.
According to the Racine projections, the first phase of operations on the data center campus would use a peak of 234,000 gallons per day or 2.8 million gallons per year. In later phases, as more substations go online, the campus would use 702,000 gallons per day or 8.4 million gallons per year.
An Olympic-sized swimming pool holds about 660,000 gallons of water. Lake Michigan holds 1.3 quadrillion gallons of water.
On Monday, Madison-based Midwest Environmental Advocates filed a lawsuit on behalf of Milwaukee Riverkeepers to release the requested water use projections, which the water organization had initially asked for in a February open records request.
“Data centers will have major implications for Wisconsin’s environment. Our ability to understand the impacts and protect our water resources depends on open and transparent government,” Milwaukee Riverkeeper’s Cheryl Nenn said.
Across the country and Wisconsin, data centers such as the site in Mount Pleasant have been proliferating as tech companies race to develop AI tools and chatbots. In some cases, the tech companies have required local governments to sign non-disclosure agreements that cover information beyond proprietary secrets and include potential community impacts.
City officials said Wednesday the request took so long to complete because the city was making sure that providing the information did not violate a contractual agreement.
“Open and transparent government is not optional; it is essential to public trust,” Racine Mayor Cory Mason said in a statement. “While we needed time to ensure that we handled this request responsibly and in compliance with legal agreements, we believe transparency is paramount. The information has been released, and we remain committed to making all relevant government records accessible so our community can see how decisions are made and resources are used.”
As power-hungry data centers proliferate, states are searching for ways to protect utility customers from the steep costs of upgrading the electrical grid, trying instead to shift the cost to AI-driven tech companies. (Dana DiFilippo/New Jersey Monitor)
Two environmental groups are warning state residents about the amount of energy and water that is set to be used following the construction of AI data centers in southern Wisconsin.
In an analysis released Tuesday, Clean Wisconsin found that two data centers approved for construction in Ozaukee and Racine counties will consume enough energy to power 4.3 million homes — nearly double the 2.8 million housing units in the state.
The first AI data warehouse, operated by Microsoft, is set to open next year in Mount Pleasant. The company has promised it will support 500 jobs. The $3.3 billion project is located at the site initially planned for Foxconn’s massive manufacturing plant.
Further north in Ozaukee County, Denver-based Vantage Data Systems has acquired 700 acres of land in rural Port Washington. The company has planned a campus that will hold 11 data center buildings and five substations, according to concepts approved by the local government.
Clean Wisconsin’s analysis found that these two projects will require a combined 3.9 gigawatts of power and hundreds of thousands of gallons of water to keep the buildings cooled.
“To put this in perspective, that is more than three times the power production capacity of Wisconsin’s Point Beach nuclear plant,” Paul Mathewson, Clean Wisconsin science program director, who conducted the analysis, said in a statement. “And because only two of the data center projects have disclosed their power needs, we know this is really just a fraction of what the energy use would be if all those data centers are ultimately built.”
The power needs of the two sites are just the tip of the iceberg for the energy and water needs of data centers, which house the servers used to host chatbots such as Chat GPT, stream video and use social media. Microsoft has plans for a smaller data center in Kenosha County. Work is also underway on a data center on 830 acres in Beaver Dam reportedly for Facebook owner Meta. In addition, a Virginia-based company has eyed a site in Dane County, Wisconsin Rapids has plans for a $200 million data center and Janesville is seeking to build a center in a former General Motors assembly plant.
A proposed project in Caledonia has been delayed following local resistance to the project’s proposed rezoning of 240 acres of farmland. The community’s plan commission postponed a July vote on the proposal until later this month.
Environmental advocates say local officials and the state’s power companies are rushing to attract data centers to Wisconsin based on the ambiguous promise of jobs without accounting for the effect they could have on a community’s water sources and energy needs. Increases in the amount of power used by the state could result in the state relying more heavily and for longer periods on non-renewable sources of energy and raise energy rates for households.
‘More questions than answers’
“If data centers come to Wisconsin, they must benefit — not harm — our communities. But right now, we have far more questions than answers about their impacts. How much energy and water will a project use? How will those demands be met? Will there be backup diesel generators on site and how often will they be fired up for testing? Our communities don’t have the transparency they need and deserve,” Chelsea Chandler, Clean Wisconsin’s climate, energy and air director said.
Data centers also often emit a constant humming sound as the servers work inside, creating an irritating noise pollutant for neighbors.
Both the Mount Pleasant and Port Washington projects are close to Lake Michigan, raising further complications about the centers’ use of water and the protection of the Great Lakes. The Foxconn site in Mount Pleasant was already at the center of a controversial plan to divert 7 million gallons of water per day from Lake Michigan.
“There has been very little transparency about the amount of water that will be used on site at these proposed data center campuses. Add to that a lack of transparency about energy use, and it’s impossible to know what the impact on Wisconsin’s water resources will be,” Sarah Walling, Clean Wisconsin’s water and agriculture program director said. “Communities need to know what the on-site demand will be on the hottest, driest days of the year when our water systems are most stressed. And we need to understand how much water will be needed off site to meet a data center’s enormous energy demands.”
Demanding water-use information from Racine
Earlier this week, Midwest Environmental Advocates filed a lawsuit against the city of Racine for records about the Mount Pleasant center’s projected water usage. Water for the center will be provided by the Racine Water Utility under an agreement with the village of Mount Pleasant.
The lawsuit, filed on behalf of Milwaukee Riverkeeper, is seeking to force Racine to hand over information about projected water usage requested through an open records request in February. In a news release, MEA noted that many companies constructing data centers across the country require that local governments sign non-disclosure agreements.
The legal advocacy group noted that data centers can use as much water as a small to medium sized city and the public has a right to know the scale of water use.
“Wisconsin law requires public officials to respond to public records requests ‘as soon as practicable and without delay.’ Yet more than six months after making their request, our clients are still waiting,” MEA legal fellow Michael Greif said. “This blatant disregard for the Public Records Law violates their rights and deprives them of the transparency they deserve. Community members have a right to know how much water a data center will use before it is built.”
A petroleum refinery in Louisiana. Last week, a federal appeals court ruled that Wisconsin doesn't need to comply with stricter air quality rules to decrease smog in three southeastern Wisconsin counties. (Photo by Drew Angerer/Getty Images)
A federal appeals court has ruled that the state of Wisconsin and businesses operating in certain parts of southeastern Wisconsin will not be required to meet more stringent air quality standards for ozone pollution — giving state regulators and industry a reprieve from what they say were “costly and burdensome requirements.”
On Friday, the Seventh Circuit Court of Appeals sided with the state’s request to temporarily postpone a rule issued by the Environmental Protection Agency. Late last year, the EPA reclassified areas of Milwaukee, Kenosha and Sheboygan counties as being in “serious nonattainment” of the agency’s 2015 ozone standards. In February, the state filed a lawsuit for the review of the EPA finding.
The enforcement of the EPA standard would have forced the state to revise its plan for complying with national air quality standards under the Clean Air Act, and hundreds of businesses would have had to assess if their existing permits need to be renewed or revised. The state complained that these measures would have cost the Department of Natural Resources and the state’s businesses millions of dollars when most of the ozone pollution over the areas is caused elsewhere and settles over southeast Wisconsin after drifting across Lake Michigan.
Environmental groups have said that even if Wisconsin’s industries aren’t creating most of the ozone pollution, the businesses have a duty to work to protect the health and well-being of the state’s residents. In 2018, Clean Wisconsin sued the EPA to force the agency to declare the three southeastern Wisconsin counties aren’t complying with federal air quality rules.
Ozone pollution, also known as smog, occurs most often in the summer when air pollution from vehicle exhaust and industrial processes reacts with sunlight. The pollution can be harmful to people’s respiratory systems.
“The fact that southeastern Wisconsin has been reclassified as in serious nonattainment for ozone means that residents of those counties are at higher risk of respiratory and cardiovascular diseases, and Wisconsin should be implementing all possible policies and strategies to reduce ozone pollution to protect public health,” Clean Wisconsin attorney Katie Nekola said in a statement to Wisconsin Public Radio.
But business groups and the state have argued the costs are too high for a problem that doesn’t start in Wisconsin. DNR analysis has found that less than 10% of the ozone pollution in the state is caused by Wisconsin industry.
The state Department of Justice said in its lawsuit that the “change triggers costly permit requirements, complex regulations, and stringent emissions offset mandates,” which could create $4 million in added costs for the state and cost an estimated 382 businesses between $1 million and $6.9 million.
Scott Manley, a lobbyist for Wisconsin Manufacturers and Commerce, said the court’s Friday order grants relief from the “crushing and job-killing ozone regulations.”
“Data from both the DNR and EPA indicate that the vast majority of ozone pollution in eastern Wisconsin is caused by emissions originating from outside our state borders,” Manley said in a statement. “It’s unfair to punish Wisconsin businesses for pollution they didn’t create, and [the] order is the first step toward righting this wrong.”