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Unlimited donations, weak recusal rules led to record Wisconsin Supreme Court spending

Ornate columns and carved stone surround an entrance marked "SUPREME COURT" beneath a decorative ceiling and skylight.
Reading Time: 13 minutes

SUPREME COSTS: This is the second in a series of articles about how Wisconsin chooses its judges.

Wisconsin’s Supreme Court justices were concerned.

For the first time, a campaign for a high court seat had topped $5 million in spending, driven by negative television advertising that had rarely before been part of this state’s judicial races. They feared it could happen again.

That’s why all seven justices — conservatives as well as liberals — signed a 2007 letter to Democratic Gov. Jim Doyle and the Legislature, calling for “realistic, meaningful public financing for Supreme Court elections” to protect the court’s reputation against “the risk … that the public may inaccurately perceive a justice as beholden to individuals or groups that contribute to his or her campaign.”

It took two tries — and two more big-spending high court elections — before a Democratic-led Legislature and Doyle enacted a public financing law in 2009. But it lasted for just one Supreme Court campaign before a Republican-controlled Legislature and GOP Gov. Scott Walker repealed it in 2011.

The justices still had their own chance to protect the court’s reputation, by strengthening the rules for when they would have to step aside from cases involving their financial backers. Instead, they adopted what might be one of the nation’s most lax recusal rules for campaign donations. 

Three of the conservative justices who had signed the 2007 letter were part of the 4-3 majority that enacted a 2010 recusal rule largely written by the major business organization that was pumping millions of dollars into conservative high court campaigns.

The stories behind that shift in recusal rules, the short-lived venture in public financing of high court races and the campaign finance laws that followed help explain how Wisconsin Supreme Court campaign spending exploded this spring to a national record of $114.2 million — almost 20 times the cost of that first big-money election 18 years earlier. That total doesn’t include billionaire Elon Musk’s controversial $30.3 million effort to hand out checks to conservative voters.

Yet the history of public financing and attempts to tighten recusal rules also offer hope for those still trying to stop the trend of ever more expensive judicial races.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Checking a box for reform

Public financing responds to a central concern that current and former justices and others voice about multimillion-dollar Supreme Court elections — the perception that big donors are buying justices who will rule in those donors’ favor when their cases reach the court.

“Why do people think this is a good use of their money? What do they think they are getting from this court?” Justice Brian Hagedorn asked about big donors in an August interview with Milwaukee’s WISN-TV. “It is in many respects a vote of no-confidence in this court — that this court is not going to be a place that’s just going to apply the law, at least all seven of us.”

Advocates of public financing believe voters and taxpayers should be a candidate’s biggest donors. Candidate campaigns receive grants from state or local governments while agreeing to limits on spending and on how much they accept from individual and organizational donors.

That wasn’t a new idea in Wisconsin in 2007. A public financing system already had been in effect for 30 years for candidates for all state offices, including Supreme Court justices. 

The Wisconsin Election Campaign Fund grew out of the U.S. Supreme Court’s 1976 Buckley v. Valeo decision, which held that limits on campaign spending violated the First Amendment’s guarantees of freedom of speech — unless candidates voluntarily agreed to limit their spending in exchange for public financing.

The Legislature responded by enacting the nation’s most comprehensive public financing law. Taxpayers decided how much the state campaign finance fund should receive each year, by checking a box on their income tax returns to designate $1 of their taxes for public financing.

That system “worked extremely well for over a decade,” according to a 2002 analysis by the nonpartisan campaign finance watchdog Wisconsin Democracy Campaign. “The vast majority of candidates in both parties accepted public financing and ran campaigns under spending limits.”

However, the system declined for several reasons, the Democracy Campaign report found. In 1986, the Legislature stopped adjusting maximum campaign grants for inflation, leaving them frozen at that year’s levels. Also, even though the $1 checkoff didn’t increase any individual’s taxes, taxpayer interest waned, as participation fell from a peak of 19.7% in 1979 to 5% in 2002.

The third factor, according to the Democracy Campaign, was another side effect of Buckley v. Valeo, which ended limits on “issue ads” that aren’t coordinated with candidates and that don’t explicitly tell viewers to vote for or against a specific candidate. Such ads started popping up in Wisconsin elections as early as 1996. Candidates balked at spending limits when they knew they might have to respond to unlimited negative advertising by outside groups, the Democracy Campaign wrote.

A person with short brown hair wearing a dark garment with a white collar looks toward the camera.
Diane Sykes (Wisconsin Supreme Court file photo)

Nonetheless, the 2000 Wisconsin Supreme Court candidates, then-Milwaukee County Judge Diane Sykes and then-Milwaukee Municipal Judge Louis Butler, still used public financing in their campaigns. After Sykes won, one of her advisers complained that the spending limits “killed the drama of a truly exciting matchup.” However, the candidates themselves attributed the drama-free race to their own commitment to civility, with Butler reflecting that “media coverage … didn’t come because we weren’t being nasty to one another.”

That would change after the conservative Sykes became a federal appeals court judge and Doyle appointed the liberal Butler to replace her. Incensed by a product liability decision written by Butler, the state’s largest business group, Wisconsin Manufacturers and Commerce, started spending millions of dollars to elect conservatives to the high court.

In the first WMC-funded campaign in 2007, now-Justice Annette Ziegler defeated liberal attorney Linda Clifford at a cost more than four times the previous record of $1.4 million. The high price tag and flood of negative advertising spurred calls for reform.

Doyle proposed more extensive public financing for Supreme Court campaigns. Ziegler and Butler joined the rest of their colleagues in backing the concept, without signing on to the specifics of Doyle’s proposal. The bill passed in the Democratic-led Senate but died in committee in the Republican-controlled Assembly.

A person wearing glasses and a dark garment with a white collar and tie faces the camera with blurred flags in the background.
Louis Butler (Wisconsin Supreme Court file photo)

Just as the justices feared, Butler’s 2008 bid for a full term sparked an even more expensive and mean-spirited contest than Ziegler’s 2007 race. Conservative Michael Gableman defeated Butler, the court’s first Black justice, in a $6 million campaign that drew accusations of racist and misleading advertising.

Diane Diel, then president of the State Bar of Wisconsin, warned lawmakers that “the infusion of such large amounts into a judicial campaign poses a threat to both judicial neutrality and public trust in the justice system.”

The Democratic-controlled Legislature passed a public financing bill, and Doyle signed it into law as the Impartial Justice Act in 2009. Abiding by the new law, both 2011 Supreme Court candidates, conservative Justice David Prosser and liberal challenger JoAnne Kloppenburg, accepted state grants and held to spending limits.

But the candidates’ treasuries accounted for less than a quarter of the $5.9 million spent in a campaign supercharged by controversy over Republican legislation that stripped most public-sector workers of nearly all collective bargaining rights. Anticipating that legal challenges eventually would reach the high court, conservative interests outspent unions on issue ads, $2.7 million to $1.6 million, in a race so close that Prosser won only after a recount.

Prosser’s victory maintained the conservative court majority that later upheld the bargaining legislation known as Act 10. Meanwhile, the GOP-led Legislature and Walker repealed the Impartial Justice Act and dismantled the Wisconsin Election Campaign Fund shortly after the spring 2011 election.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Back to public cash?

State Sen. Kelda Roys, D-Madison, is now drafting a bill to revive the Impartial Justice Act, which she calls “really important to preserving judicial integrity.”

Roys, who is running for governor, said one major difference in her proposal will be the size of the campaign grants. She’s considering amounts 10 times higher than what she called the “laughably low” original grants of $100,000 for primary candidates and $300,000 for general election candidates. Grants of $1 million in the primary and $3 million in the general election would exceed the campaign treasuries of any high court candidate before the 2023 race, which at the time set a national spending record of $50.4 million.

“It can’t be joke money or nobody will do it,” Roys said.

North Carolina’s first-in-the-nation system of paying for state supreme and appellate court campaigns met the same fate as Wisconsin’s original Impartial Justice Act in 2013, after Republicans won control of that state’s legislative and executive branches. That leaves New Mexico as the only state funding judicial campaigns with taxpayer dollars.

Instead of setting specific grant levels, New Mexico uses a formula based on the number of registered voters eligible to vote in each partisan primary or general election and on whether the election is contested or uncontested, with limited individual donations supplementing public grants. With no primary contests and four general election candidates for two contested seats, the state fund provided $1.1 million of the $1.2 million spent in 2022, up slightly from 2020, according to the Brennan Center for Justice at New York University.

Of the other 13 states that offer public campaign financing for at least some elections, 11 appoint high court justices; Michigan’s system applies only to gubernatorial races; and Minnesota’s system excludes Supreme Court candidates.

Both the Wisconsin Democracy Campaign and the Brennan Center advocate for public financing.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Conflict over conflicts of interest

Public financing doesn’t stop special interests from spending big on “issue ads” or through independent expenditures on ads that clearly state who they favor or oppose.

That outside spending has exceeded the cash spent directly by the candidates in 10 of the last 12 contested Supreme Court campaigns — by ratios as high as 4 to 1 in 2008 and 3 to 1 in 2011.

The only exceptions were two elections in which liberal incumbents trounced conservative circuit judges: then-Chief Justice Shirley Abrahamson in 2009 and then-Justice Ann Walsh Bradley in 2015.

In Wisconsin’s first two multimillion-dollar Supreme Court contests, WMC’s political action committee (PAC) spent $2.2 million on issue ads backing Ziegler in 2007 and $1.8 million on issue ads backing Gableman in 2008, according to Wisconsin Democracy Campaign estimates.

That triggered disputes over whether those two justices should step away from cases involving WMC. Ziegler refused to recuse herself from one 2007 case in which WMC had filed a friend-of-the-court brief, but a month later recused from another case brought partly by the Wisconsin Realtors Association, which had directly contributed the then-maximum $8,625 to her campaign.

A person in a dark robe sits at a wooden bench with a microphone nearby and out-of-focus details in the background.
Wisconsin Supreme Court Chief Justice Annette Ziegler hears arguments in a case at the State Capitol in Madison, Wis., on Dec. 1, 2022. (Coburn Dukehart / Wisconsin Watch)

Over the next two years, justices fielded four petitions asking them to clarify recusal rules. The League of Women Voters of Wisconsin and former Justice William Bablitch urged the court to set thresholds for when donations or outside spending by a litigant or attorney would require a justice to recuse. Conversely, WMC and the Realtors Association called for rules that would not require justices to recuse based only on how much a litigant or attorney had spent supporting their campaigns.

While the Wisconsin justices considered those petitions, the U.S. Supreme Court weighed in on a case in which coal company CEO Don Blankenship had spent $3 million supporting candidate Brent Benjamin’s 2004 West Virginia Supreme Court campaign — more than all of Benjamin’s other backers combined. Benjamin narrowly won and cast the deciding vote to overturn a $50 million judgment against Blankenship’s company after refusing to recuse himself.

In their 5-4 decision tossing the state court’s ruling, the federal justices held that the circumstances were so extreme that they created “a serious risk of actual bias” that required Benjamin to recuse. However, Justice Anthony Kennedy’s 2009 opinion added that few other cases would likely meet the same standard.

Against that background, the Wisconsin Supreme Court voted in 2010 to deny the LWV and Bablitch petitions and adopt verbatim the WMC and Realtors Association rules recommendations. Conservative Justices Patience Roggensack, Gableman, Prosser and Ziegler backed the new rules, while liberals Abrahamson and Bradley and moderate Justice Patrick Crooks dissented.

“Neither Justice Ziegler nor any other justice recused from this rulemaking process, despite the financial backing they had received from the parties requesting the rules,” the University of Wisconsin Law School’s State Democracy Research Initiative recounted in a report.

Explaining the new rules, the court majority argued that disqualifying judges based on legal campaign donations “would create the impression that receipt of a contribution automatically impairs a judge’s integrity.”

Also, because Supreme Court justices aren’t replaced when they recuse, the majority wrote, “involuntary recusal … has greater policy implications” than in lower courts because it changes how many and which justices are deciding a case. On Wisconsin’s closely divided seven-member high court, the withdrawal of a single justice from the majority bloc can often create a 3-3 deadlock.

Nonetheless, the State Democracy Research Initiative called the Wisconsin rules “unusual.” Former Justice Janine Geske agreed the change was a step backward.

By contrast, several states and the American Bar Association’s Model Code of Judicial Conduct “require judges to recuse when a party or a party’s lawyer have contributed more than a specific amount to a judge’s campaign,” according to the State Democracy Research Initiative. A few other states call for recusal based on campaign contributions but don’t set a specific dollar limit. And most states leave recusal up to judges but don’t exclude contributions as a reason to do so.

Both recusal rules and outside campaign spending were in the spotlight again in 2015.

A case before the high court turned on a state law barring independent expenditure groups and issue ad organizations from coordinating with candidates’ campaigns. Act 10 had triggered an unprecedented recall against Walker. After the Republican governor’s victory in that 2012 recall election, several district attorneys jointly opened what was supposed to be a secret John Doe investigation into whether his campaign had illegally coordinated with groups that funded issue ads supporting him.

Some of the same organizations under scrutiny had also spent millions on issue ads in support of four conservative justices. But Prosser and Gableman refused to recuse themselves from the case challenging the probe. 

Howard Schweber, professor emeritus of political science and legal studies at the University of Wisconsin-Madison, called the conservative justices’ decision not to recuse “a truly shocking situation.” By contrast, Ann Walsh Bradley recused herself because her son worked with one of the attorneys involved.

With its four-member conservative majority intact, the high court ruled the prohibition on coordinating with issue ad groups was unconstitutional, ending the investigation of Walker. Legislative Republicans promptly wrote the court’s decision into a 2015 campaign finance law, which Walker signed.

At the time, Wisconsin and Florida were the only states that allowed issue ads to be coordinated with a candidate’s campaign, said Jay Heck, executive director of the government reform group Common Cause Wisconsin. Weak coordination rules like Wisconsin’s “effectively allow wealthy special interests to bankroll candidates,” sidestepping limits on direct donations to campaigns and opening the door to “corruption and the appearance of corruption,” said Elizabeth Shimek, senior legal counsel for campaign finance at the Campaign Legal Center.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Strike two for recusal reform

Concern about Wisconsin’s lax recusal standards would only grow. In 2017, 54 retired judges — including Geske and Butler — petitioned the high court to toughen recusal rules.

When the 2010 rules were adopted, the petition noted, the majority contended that direct donations were too small to influence justices because the 2009 Impartial Justice Act had sliced contribution caps from $10,000 for individuals and $8,650 for political action committees to $1,000 for each. But the 2015 campaign finance law boosted the donation limits to $20,000 for individuals and $18,000 for PACs.

Similarly, the petition said, the 2010 majority had argued that judicial candidates couldn’t be held responsible for groups making independent expenditures and running issue ads because at the time they were legally barred from coordinating with those groups. But the coordination rules for issue ads also had changed with the 2015 law and the John Doe decision that preceded it.

The retired judges asked for a rule that would require litigants and their attorneys to disclose their contributions to the judges hearing their cases at each level. Supreme Court justices would be required to recuse if they received contributions or benefited from outside spending of more than $10,000, with lower amounts for lower court judges.

And to address the high court majority’s concern about recusal leaving the bench short, the retired judges called for a constitutional amendment that would allow Court of Appeals judges to sit in for justices who recuse themselves.

But the Supreme Court rejected the petition on a 5-2 vote along ideological lines. Most of the conservative justices in the majority said they trusted judges to decide when to recuse, while Justice Rebecca Bradley argued that required recusal would disenfranchise the voters who elected a justice.

A row of wooden chairs and microphones sits beneath marble walls and a large framed painting of people gathered in a historical interior.
The Wisconsin Supreme Court hearing room is seen Sept. 7, 2023, at the State Capitol in Madison, Wis. (Andy Manis for Wisconsin Watch)

The issue could come up again now that liberal Jill Karofsky is chief justice. Speaking at a WisPolitics event in October, she said she is committed to holding an “open” and “transparent” hearing about establishing new recusal rules for the court.

State law sets recusal standards for some conflicts of interest, but not campaign contributions, according to the State Democracy Research Initiative.

The Brennan Center still advocates nationwide for the kind of recusal rules that the retired judges supported, said Douglas Keith, deputy director of the center’s judiciary program. However, Keith added that he wasn’t aware of any state that requires litigants to disclose contributions in court.

Another Brennan Center recommendation urges independent review of recusal motions. As of 2016, Wisconsin was one of 35 states that allow high court justices to decide whether to recuse themselves, while Michigan was among the 15 states where someone else rules on recusal, according to the center’s most recent report on that question.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Power shift prompts recusal reversal 

Efforts to redraw legislative and congressional districts in this decade have spurred new recusal controversies — and turned the tables on which party backs recusal.

When Republicans took full control of the executive and legislative branches after the 2010 elections, they drew maps that guaranteed their party a comfortable majority in both the Assembly and Senate, even if state voters were split 50-50, in what experts called one of the nation’s most extreme examples of gerrymandering.

A decade later, Democratic Gov. Tony Evers clashed with legislative Republicans over how to redraw the maps after the 2020 Census, throwing the issue into the courts. With virtually no legal precedent, justices voted 4-3 to accept the GOP argument that court-approved maps should change as little as possible from the 2011 gerrymander.

Political parties are covering an increasing share of Wisconsin Supreme Court campaign expenses

Total Wisconsin Supreme Court campaign expense paid by Democratic and Republican parties, 2007-2025

All candidate expenses
Democratic party expenses
Republican party expenses
Liberal candidate
Conservative candidate

*2025 data not including related $30.3 million petition drive.

**Graphic only includes main liberal and conservative candidate.

***Includes both contributions to candidates and independent expenditures.

Sources: Wisconsin Democracy Campaign and OpenSecrets

Graphic by Hongyu Liu

Liberal Janet Protasiewicz, then a Milwaukee County judge, called those 2021 maps “rigged” during her successful 2023 high court race. Shortly after Protasiewicz took office, flipping the court to a liberal majority, voting rights groups filed suit to overturn the legislative maps.

Citing Protasiewicz’s previous comments and her heavy Democratic financial support — which amounted to 59% of her campaign treasury — Republicans demanded that she recuse from the redistricting case. However, neither state law nor judicial rules require judges to recuse because of their statements, as long as they have not specifically promised to rule in a certain way, the State Democracy Research Initiative noted.

Also, the $9.9 million Democratic contribution to Protasiewicz was proportionately less than the $2.6 million that the conservative Alliance for Reform dropped on issue ads supporting Rebecca Bradley in 2016, the State Democracy Research Initiative’s report pointed out. Bradley didn’t recuse when an alliance leader was a party to the original redistricting litigation.

A person speaks at a podium labeled "Marquette University Law School" while four people stand behind against a backdrop with "WISN," "ABC" and "Hearst Television" logos.
Wisconsin Supreme Court candidate and Dane County Circuit Judge Susan Crawford, center, stands among Wisconsin Supreme Court Justices Ann Walsh Bradley, from left, Janet Protasiewicz, Rebecca Dallet and Jill Karofsky while speaking to the press following a Supreme Court debate against Waukesha County Circuit Judge Brad Schimel on March 12, 2025, at the Lubar Center at Marquette University Law School’s Eckstein Hall in Milwaukee. (Joe Timmerman / Wisconsin Watch)

Protasiewicz didn’t recuse either when justices voted 4-3 along ideological lines to reverse the least-change doctrine and order new maps.

But Protasiewicz declined to participate in one of the liberal-led court’s three otherwise unanimous rulings rejecting challenges to the 2021 congressional maps. Two more challenges are still pending.

If the issue reaches the high court again, the panel will include new Justice Susan Crawford, whose campaign last spring received $11.8 million from Democrats while Republicans were pumping $9.7 million into her conservative opponent Brad Schimel’s race.

An illustrated gavel strikes a block as coins scatter around it on a white background.

Shining light on dark money

Although donations to parties and party donations to candidates are unlimited under the 2015 campaign finance law, they are publicly disclosed, along with the parties’ donors’ names. Issue ad and independent expenditure groups also aren’t limited in how much they take in or spend. And issue ad groups don’t have to report either donations or spending, a practice known as “dark money” for its lack of transparency.

Roys and Rep. Amaad Rivera-Wagner, D-Green Bay, are working separately on campaign finance legislation that would set limits on donations to those organizations and require issue ad groups to disclose their donors, as parties and independent expenditure committees already do. Roys said her bill would focus specifically on judicial elections, while Rivera-Wagner’s bill would apply to all elections.

“Wisconsin is becoming the centerpiece for billionaires trying to influence elections,” Rivera-Wagner said. “This is just unacceptable.”

Both Roys and Rivera-Wagner said they would like to go further, but could be limited by the U.S. Supreme Court’s Citizens United decision, which removed limits on corporate and union spending on issue ads and independent expenditures, and by the GOP legislative majority’s support for Wisconsin’s 2015 campaign finance law. Another federal court case, SpeechNow.org v. FEC, struck down federal limits on donations to PACs.

In that legal environment, holding down spending on Supreme Court campaigns could remain challenging as long as Wisconsin remains among the 22 states that elect justices.

Next: Should Supreme Court justices be appointed?

Wisconsin Watch reporter Brittany Carloni contributed to this report.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Unlimited donations, weak recusal rules led to record Wisconsin Supreme Court spending is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Wisconsin Supreme Court elections have drawn an ‘obscene’ amount of spending. Here’s why and what can be done about it.

A crumpled illustrated bill on a wooden surface shows a dome building, a central figure holding a gavel and text including “STATE OF WISCONSIN,” “SUPREME COURT” and “144.5M”
Reading Time: 14 minutes

SUPREME COSTS: This is the first in a series of articles about how Wisconsin chooses its judges.

A quarter-century ago, the total cost of every state Supreme Court race in the country reached an unprecedented $45.6 million.That figure was so high that it prompted the Brennan Center for Justice at New York University to warn that “a new and ominous politics of judicial elections” posed a “threat to fair and impartial justice.”

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Yet in 2025, spending on a single Wisconsin Supreme Court seat exceeded $114.2 million.

That doesn’t include a legally questionable $30.3 million voter giveaway by billionaire Elon Musk.

The $144.5 million spent on one seat in Wisconsin was even more than the $100.8 million spent on all other state high court contests in the nation in 2021 and 2022 combined.

At the same time, this state’s two major political parties have become the largest donors — and in some cases, the majority donors — to the candidates for an officially nonpartisan office.

And the last two justices elected to Wisconsin’s highest court received most of their individual campaign contributions from people who don’t live in Wisconsin.

State Supreme Court races have become everything they were never meant to be — highly partisan, astronomically expensive national political battles in which the candidates’ ideologies overshadow their qualifications for an office that requires them to swear an oath to “administer justice … faithfully and impartially.”

Several factors are driving the massive spending in Wisconsin, one of 22 states that elect justices rather than appoint them. Reducing the influence of those factors would require changing the state constitution, state law or judicial rules of conduct. The factors include:

  • Hot-button issues that turn on ideological control of the high court, such as abortion and public employee collective bargaining rights.
  • Wisconsin’s narrow political divide in its electorate, state government and the high court itself, plus its role as an Electoral College swing state.
  • Campaign finance laws and federal court rulings that have loosened limits on money in politics.
  • Lax rules for when justices must recuse themselves from cases involving people and organizations that have spent huge sums to elect them.
  • Holding court elections in the spring, which grew out of the state’s earliest yearnings for a nonpartisan judiciary but now eliminates competition against campaigns for most other major offices for donations and the public’s attention.

Some of those factors have pushed high court races in other states into the seven- or even eight-figure range, but only Wisconsin — the first to see nine-figure spending on a court contest — has all of them.

“It’s the whole picture that makes us so obscene,” said Jay Heck, executive director of Common Cause Wisconsin, which advocates for transparent and accountable government.

Wisconsin Watch estimates the final total was $114.2 million — more than double the previous national record of $50.4 million for high court races — also set in this state, only two years earlier.

And that total doesn’t include the largest and most controversial expenditures of the spring campaign: Musk’s payments of $100 each to Wisconsin voters who signed a petition against “activist judges,” plus $1 million checks to three signers. Add in that $30.3 million effort and the race’s price tag jumps to $144.5 million.

The 2025 Supreme Court election was the fourth-most expensive campaign for any office in Wisconsin history, behind only the 2022 and 2024 U.S. Senate contests and the 2022 governor’s race.

“As politics has grown more intense, more polarized and more expensive, high court election campaigns now resemble the worst of a presidential primary, complete with attack ads, dark money and presidential endorsements,” Brennan Center President Michael Waldman wrote in a March analysis. “All this hardly seems the best way to induce public trust in the courts.”

Since the era of multimillion-dollar Supreme Court campaigns came to Wisconsin in 2007, candidates and special-interest groups have spent $217.2 million on 12 contested races, with the 2023 and 2025 elections accounting for three-quarters of that total, excluding the petition spending, based on information compiled by the campaign finance watchdog Wisconsin Democracy Campaign. 

Voters could be in for more of the same, facing a high court election every spring for the next four years. And even if the 2026 race doesn’t break records, it’s guaranteed to be another multimillion-dollar contest.

The liberal candidate, Appeals Court Judge Chris Taylor, reported in July that she had raised $583,933 in the first six weeks of her campaign, ahead of now-Justice Susan Crawford’s record-breaking 2025 pace. By late August, Taylor’s campaign manager said the former Democratic state legislator had taken in more than $1 million.

After conservative Justice Rebecca Bradley announced she wouldn’t seek a second 10-year term, Appeals Court Judge Maria Lazar entered the race. Spending topped $1 million in the conservative Lazar’s successful 2022 bid to unseat incumbent Lori Kornblum. That was almost certainly Wisconsin’s second-most expensive appellate court race, behind a $1.6 million contest for another seat in the same southeastern district in 2021.

High costs for high courts

Although Wisconsin now outpaces every other state in Supreme Court campaign costs, it wasn’t an early leader in the national trend of divisive multimillion-dollar contests.

In its 2002 report, the Brennan Center called 2000 “a watershed year for fundraising and spending in state supreme court elections,” as the total raised by candidates nationwide leaped 61%, from $28.3 million in 1998 to $45.6 million in 2000, led by Alabama, Michigan, Ohio and Illinois.

*Video shows TV ad clips of Supreme Court candidates in Wisconsin, 2011 - 2025.

Sources: Brennan Center for Justice, WisPolitics

Much of that money was spent on “television advertising — especially by political parties and interest groups — that has grown increasingly negative and controversial, and in some cases fallen far beneath the level of dignity most Americans associate with their judicial system,” the report said.

That kind of “strident, negative television advertising” characterized Wisconsin’s first million-dollar contest in 1999, then-Rep. Mary Hubler, D-Rice Lake, complained at the time. Liberal Chief Justice Shirley Abrahamson won reelection against conservative challenger Sharren Rose in a race that cost $1.4 million.

Before then, high court candidates in the 1990s typically spent around $250,000 each, which “looks like a pittance” now, former Justice Janine Geske said in an interview. Howard Schweber, professor emeritus of political science and legal studies at the University of Wisconsin-Madison, called those earlier races “gentlemanly” and “low-key affairs.”

The low-key tone returned for the 2000 high court race. Justice Diane Sykes, a conservative appointed by Republican Gov. Tommy Thompson, and liberal challenger Louis Butler kept their pledges to run positive campaigns. Both scrupulously avoided commenting on any issues that might come before the court. They spent a total of $430,963, with both accepting public financing that limited their expenditures.

But that contest and the similarly civil 2003 race turned out to be only a temporary reprieve. After Democratic Gov. Jim Doyle appointed Butler to a vacant seat, Butler wrote a landmark 2005 product liability decision, holding that a lead paint poisoning victim could sue product manufacturers even if he couldn’t figure out which company was responsible.

That 4-2 ruling triggered a sharp reaction from Wisconsin Manufacturers and Commerce, which spent an estimated $2.2 million to ensure conservative Annette Ziegler defeated liberal Linda Clifford in 2007. The race cost $5.8 million, with conservatives outspending liberals almost 2.5 to 1.

The following year’s contest promptly broke the new record as spending jumped to almost $6 million in conservative Michael Gableman’s successful bid to oust Butler. WMC dropped an estimated $1.8 million in support of Gableman as conservatives again outspent liberals, $3.2 million to $2.7 million.

A person in a dark suit raises a hand while standing before wood paneling, with part of a U.S. flag visible and people seated in the foreground.
Wisconsin Supreme Court Justice Michael Gableman acknowledges applause after taking the oath of office in a ceremony at the Capitol in Madison, Wis., on Oct. 24, 2008. Gableman was sworn in by former Justice Donald Steinmetz. (Craig Schreiner / Wisconsin State Journal)

Gableman’s victory created a solid conservative majority that controlled the court for the next 15 years. And after Republicans took control of the legislative and executive branches in 2011, they changed the product liability law to prevent future rulings like the 2005 lead paint case.

Similar story lines are playing out nationwide as big-money donors target court races to influence specific cases or issues, said Douglas Keith, deputy director of the judiciary program at the Brennan Center. 

Musk is a prime example of that trend, said Nick Ramos, executive director of the Wisconsin Democracy Campaign. At the same time that Musk was spending $55.9 million to boost conservative Waukesha County Judge Brad Schimel’s losing Supreme Court bid, the billionaire’s Tesla Inc. was suing to overturn the state law prohibiting auto manufacturers from owning their dealerships, a key part of Tesla’s business model. The Tesla case is pending in Milwaukee County Circuit Court and could reach the high court that Musk unsuccessfully tried to influence.

A person in a blue suit and red and blue striped tie stands indoors while the hands of two people hold a microphone and a phone near the person.
Wisconsin Supreme Court candidate and Waukesha County Circuit Judge Brad Schimel talks with media after his speech as part of his “Save Wisconsin” tour during the Republican Party of Dane County annual caucus March 15, 2025, at the Madison West Marriott in Middleton, Wis. (Joe Timmerman / Wisconsin Watch)

Big spenders are rarely transparent about their agendas on issues like auto sales or product liability, instead pouring their money into television advertising that luridly accuses one candidate or the other of mishandling criminal cases as a lower court judge or attorney. Special interests see crime as “just a visceral idea that they can use to get voters’ attention in an ad,” Keith told Wisconsin Watch. But as the UW Law School’s State Democracy Research Initiative recently noted, “Only a tiny fraction of the state’s criminal cases ever get to the Supreme Court level, and in recent years such cases have made up only about a third of the court’s docket.”

Big donors are reflecting and reinforcing a growing feeling among voters that “the court is just one more institution to obtain the policies that we (the voters) want,” similar to the legislative and executive branches, said conservative former Justice Dan Kelly. And with frequent deadlocks between the GOP-controlled Legislature and Democratic Gov. Tony Evers, both sides are relying more on lawsuits than lawmaking, said Barry Burden, director of the Elections Research Center at the University of Wisconsin-Madison. 

The stakes range all the way up to control of the White House. In 2020, President Donald Trump’s campaign filed suit seeking to throw out more than 220,000 absentee ballots from the Democratic strongholds of Milwaukee and Dane County. The state Supreme Court tossed the suit, but only because Justice Brian Hagedorn broke ranks with fellow conservatives to join the body’s three liberals.

That razor-thin 2020 presidential election was part of a nationwide record five times in 24 years that Wisconsin’s electoral votes were decided by less than one percentage point. Schweber, Ramos and Heck said the same swing-state energy pumps up both sides in high court races — even though only two of the last 12 contested Supreme Court elections were that close.

And while conservatives ruled the court for 15 years, their majority was never more than five of seven seats, meaning that a change in ideological control could be just one or two elections away for most of those years. That’s one of the most common factors driving big-spending court elections nationwide, Keith said.

Spending on high court contests is rising nationwide, hitting $100.8 million for the 68 justice seats decided in the 2021-22 cycle, according to the Brennan Center’s most recent report on the politics of judicial elections.

Electing a single Wisconsin Supreme Court justice cost more this year than operating the entire seven-member court for three years.

The 16-member Court of Appeals costs $12.9 million per year.

The high court and other statewide court services, including the CCAP system for looking up cases online, cost $40.7 million.

The state share of circuit court costs in all 72 counties, including salaries and benefits for all 261 trial judges as well as reserve judges and court reporters, totals $132 million.

*Each circle represents $1 million.

Sources: Wisconsin Democracy Campaign and OpenSecrets

Graphic by Hongyu Liu

Parties crash in with cash

Efforts to keep partisan politics out of judicial campaigns date back to Wisconsin’s 1848 founding. In a provision that survives to this day, the first state constitution prohibited electing judges at the same time as most other state officials, a move that some constitutional convention delegates hoped would discourage parties from nominating judicial candidates. That proved to be a vain hope, but it laid the groundwork for formally nonpartisan spring elections to evolve by 1891, according to the State Law Library.

Wisconsin is one of only four states that hold judicial elections in the spring or summer.  Other states that elect judges hold those elections in the fall, regardless of whether they are partisan or nonpartisan. That means they’re competing for donations with many other high-profile races, while Wisconsin’s high court races are often the biggest spring contests outside presidential primaries, noted Burden, Keith and Marquette University Law School Poll Director Charles Franklin.

The spring timing took on national political significance this year, as the first major election in a battleground state after Trump’s November 2024 victory, Burden said. Musk “essentially connected the dots for voters” by turning the contest into a referendum on Trump’s policies, and by extension on Musk’s own role in slashing the federal government, Burden said. That strategy backfired so spectacularly that Musk said afterward he planned to cut back his future involvement in politics.

But it took more than a century for that partisan dynamic to evolve. Even as the total cost of high court campaigns soared into the millions, a relatively small percentage of the cash was coming from the parties, although the state Republican Party soon became the largest single donor to some conservative candidates.

Political parties are covering an increasing share of Wisconsin Supreme Court campaign expenses

Total Wisconsin Supreme Court campaign expense paid by Democratic and Republican parties, 2007-2025

All candidate expenses
Democratic party expenses
Republican party expenses
Liberal candidate
Conservative candidate

*2025 data not including related $30.3 million petition drive.

**Graphic only includes main liberal and conservative candidate.

***Includes both contributions to candidates and independent expenditures.

Sources: Wisconsin Democracy Campaign and OpenSecrets

Graphic by Hongyu Liu

The proportions started to change after 2015, when a campaign finance overhaul by the GOP-dominated Legislature allowed unlimited donations to political parties and unlimited contributions from parties to candidates. While wealthy donors can contribute no more than $20,000 directly to a Supreme Court candidate (up from $1,000), they now can give as much as they want to a party, and the party then can donate all of that money to the candidate.

Donations from state and local Republican parties jumped more than fivefold, from $75,926 to Bradley in the 2016 campaign (which was already under way when the new law took effect) to $423,615 to Sauk County Circuit Judge Michael Screnock in the next contested race in 2018. The GOP cash was more than 39% of the money raised by the conservative Screnock, who lost to liberal Rebecca Dallet.

Democrats still weren’t spending heavily on high court races until fundraising powerhouse Ben Wikler took over as state party chair in 2019. The state, local and national parties poured $1.4 million into Jill Karofsky’s 2020 campaign, $9.9 million into Janet Protasiewicz’s 2023 campaign and $11.8 million into Crawford’s 2025 campaign. The state party was the largest single donor to each justice, accounting for more than 59% of Protasiewicz’s treasury, just under half of Karofsky’s fundraising and more than one-third of Crawford’s cash.

A person stands at a podium with partial text while four others stand behind the person in front of a backdrop displaying “WISN,” “abc” and “HEARST television”
Wisconsin Supreme Court candidate Dane County Circuit Judge Susan Crawford, from left, stands among Wisconsin Supreme Court Justices Ann Walsh Bradley, Janet Protasiewicz, Rebecca Dallet and Jill Karofsky while speaking to the press following a Wisconsin Supreme Court debate against Waukesha County Circuit Judge Brad Schimel on March 12, 2025, at the Lubar Center at Marquette University Law School’s Eckstein Hall in Milwaukee. The hourlong debate was the first and only debate between the candidates ahead of the April 1 election. (Joe Timmerman / Wisconsin Watch)

That far outpaced Republican contributions of $328,586 to then-incumbent Kelly in 2020 and $900,461 to his unsuccessful comeback bid in 2023. The GOP didn’t start to catch up until this year, when it threw $9.7 million into Schimel’s losing campaign, representing more than 61% of the former attorney general’s war chest.

Together, the two major parties spent $34.9 million on officially nonpartisan Supreme Court races from 2007 through 2025, almost all of it in the last three campaigns. Democrats outspent Republicans by $23.2 million to $11.7 million, or nearly 2 to 1.

In February, the Marquette poll found 61% of Wisconsin voters believe party contributions reduce judicial independence, compared with 38% who think partisan support gives voters useful information about candidates.

State Democratic and Republican party leaders didn’t respond to interview requests. But some GOP activists blamed party chair Brian Schimming for the conservative losses in 2023 and 2025. That led to a study that called for an even greater party role in high court elections, while discouraging advertising by other outside groups like Musk’s PACs.

Special interests spend right and left

Party contributions represent less than one-quarter of the $161.5 million that special interests spent on the last 12 Supreme Court races. Nearly all of that spending fell along ideological lines. In addition to the parties, conservative organizations and business interests spent $80.2 million supporting conservative candidates, while progressive groups and unions spent $46.4 million backing liberal candidates. 

Of all the special-interest spending, only $38.3 million, or 24%, went into candidates’ campaign treasuries from 2007 through 2025, $25.8 million on the liberal side and $12.5 million on the conservative side. The rest was spent directly by outside groups, typically on advertising that is usually outside the candidates’ control. That money mainly fell into two categories: independent expenditures and “issue ads,” both operating under rules that were significantly loosened by the conservative-led U.S. Supreme Court’s 2010 Citizens United decision.

Campaign ads funded by independent expenditures clearly state which candidates they support or oppose. Like the campaigns themselves, political action committees making independent expenditures must file reports with the Wisconsin Ethics Commission, disclosing how much they received and spent and who their donors were. Unlike campaigns, they can take money from corporations and unions, and anyone can give them unlimited contributions.

By contrast, “issue ads” try to sway voters under the guise of expressing concern about a particular issue, but without using specific phrases like “vote for” or “vote against.” Issue ad groups aren’t required to reveal how much they spent or who gave them cash. Their funding is often called “dark money” because it’s hidden from the light of public disclosure.

Because of the way issue ad spending is reported, the Wisconsin Democracy Campaign was unable to distinguish the exact amount spent on issue ads in the Supreme Court race from similar spending that targeted the simultaneous campaign for state superintendent of public instruction. Based on preliminary data from the Wisconsin Democracy Campaign and the Brennan Center, Wisconsin Watch estimates $13.9 million was aimed at the Supreme Court contest.

Using that estimate and previous Wisconsin Democracy Campaign estimates, issue ads accounted for most of the special-interest spending in eight consecutive Supreme Court contests from 2007 through 2018. For the entire 2007-2025 period, issue ad spending totaled $40.2 million, $31.8 million for conservatives and $8.4 million for liberals. 

By contrast, most of the special-interest money went into independent expenditures in the last four high court campaigns. Liberal groups spent slightly more than conservative organizations in the 2019, 2020 and 2023 races, but this year, Schimel supporters outspent Crawford backers, $33.3 million to $18.1 million. From 2007 through 2025, independent expenditures totaled $83.5 million — $47.6 million for conservatives and $35.4 million for liberals, plus almost $450,000 on candidates eliminated in the 2023 primary.

Musk’s petition giveaways don’t fit neatly into either the independent expenditure or issue ad categories — and whether they fit into campaign finance law at all is a subject of litigation. The Wisconsin Democracy Campaign filed a civil suit against Musk, accusing him of violating Wisconsin’s election bribery law.

Donors change tune to 'Non-Wisconsin'

Out-of-state donors like Musk didn’t play a major role in high court elections until relatively recently. From 2007 through 2018, most Supreme Court candidates received more than 90% of their individual donations from state residents, Wisconsin Democracy Campaign figures show. During that time, the highest proportions of out-of-state donations were:

  • Almost 32% to Gableman in 2008.
  • More than 12% to Ziegler in 2007.
  • Almost 12% to liberal challenger JoAnne Kloppenburg, who narrowly lost to then-Justice David Prosser in 2011, after Republicans stripped nearly all collective bargaining rights from most public-sector employees.

Out-of-state donations to conservative candidates remained below 10% as out-of-state donations to liberals rose to about 23% each for Hagedorn’s opponent Lisa Neubauer in 2019 and Karofsky in 2020.

But the out-of-state cash exploded for liberals after 2022, when the U.S. Supreme Court overturned Roe v. Wade and left each state to regulate abortions. The decision revived an 1849 Wisconsin law that was interpreted as banning all abortions except to save the life of the mother.

As Protasiewicz positioned herself as the abortion rights candidate, her 2023 campaign took in a record $3.6 million — 57% of individual contributions — from donors outside Wisconsin, while Kelly’s $340,405 in out-of-state money represented just one-eighth of his individual donations.

People crowd around a podium with a sign reading “Crawford for Supreme Court” as several individuals beside the microphone raise their arms while others hold up phones.
Wisconsin Supreme Court Justice-elect Susan Crawford celebrates her win against Waukesha County Circuit Court Judge Brad Schimel in the the spring election, April 1, 2025, in Madison, Wis. (Joe Timmerman / Wisconsin Watch)

Similarly, Crawford, a Dane County judge who had represented Planned Parenthood as an attorney fighting a different abortion law, received $14.6 million from out-of-state donors for her 2025 campaign, hitting a likely unprecedented 69% of individual contributions.

Crawford took in more from individual out-of-state donors alone than all liberal candidates from 2007 through 2023 had received from all individual contributors combined. By contrast, Schimel’s $1.1 million from other states amounted to less than one-fifth of his individual donations.

In July, after Crawford was elected but before she took her seat, the liberal-controlled court voted 4-3 along ideological lines to overturn the 19th-century law. 

Over the last 12 campaigns, out-of-state donors contributed $20.7 million to Wisconsin Supreme Court races, all but about $1 million of that in the last two races. Liberal candidates took in almost $19 million from outside Wisconsin, more than 10 times the nearly $1.8 million that went to conservative candidates. In its review of the 2025 campaign, the state GOP called for a greater effort to attract out-of-state dollars for conservatives.

From the parties’ perspective, Democrats have beaten Republicans at their own game, triumphing under rules largely crafted by GOP lawmakers and conservative judges. Now Republicans hope to win back their advantage with more of the same.

But for reformers, the most pressing issue is how to stop the competition for ever-greater spending and reduce the influence of big money on the high court.

Next: Could new laws and recusal rules stem the tide of Supreme Court campaign spending?

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Because of the use of scrolling graphics, the republication button is not available for this story. Reach out to Matthew DeFour at mdefour@wisconsinwatch.org if you would like to republish.

Wisconsin Supreme Court elections have drawn an ‘obscene’ amount of spending. Here’s why and what can be done about it. 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.

As living costs soar, tax relief shrinks for low-income Wisconsin residents

A house illustrated as a large calculator displays “$488.28” above oversized buttons, with a door at the bottom and leafless trees on both sides.
Reading Time: 4 minutes

Edith Butler is dealing with a real-world math problem: Her housing costs keep rising while a tax credit intended to help keeps shrinking. 

The widow and retired nurse, 68, lives by herself in a two-bedroom Eau Claire home. She paid $9,000 in rent over the course of last year, eating up more than 60% of her Social Security paycheck — her primary source of income. Her utility costs are also expected to hike next year.

She received $708 last year from claiming a homestead tax credit, which is meant to help lower-income homeowners and renters recoup some property tax costs. That was down from the $900 credit she received five years ago after paying just $6,600 in rent. 

In the past, the homestead credit has paid to fill her propane tank for about three months during winter and offset some other costs. But it’s dwindling each year because the state rarely updates eligibility guidelines and credit calculations for inflation. Butler’s credit shrinks whenever the federal government increases her Social Security payment to account for the rising costs of living

She’s not alone. Statewide homestead credit claims dropped from an average of $523 per recipient in 2013 to $486 in 2025, with thousands fewer claimants as fewer people remained eligible.

“These things have never adjusted. But we’ve paid into these programs all our lives. I paid taxes for 50 years, (and) my Social Security is my benefit that I paid in,” Butler said. “You work hard and you pay into programs, and then when you need them in your older years like this, they’re not there for you.”

The Legislature has not substantially updated the homestead credit for 25 years, causing its value to erode. Recent Democratic proposals to update program guidelines have failed to gain Republican support.  

A tax credit’s history

An AP story on the homestead tax credit as published in The Sheboygan Press, Jan. 20, 1966.

By the 1960s, many in Wisconsin acknowledged the regressive nature of property taxes — that lower-income residents pay higher shares of their income than richer households do,  John Stark, then-Assistant Chief Counsel in the Legislative Reference Bureau, wrote in a 1991 history of property tax relief in Wisconsin. But the state Constitution’s “uniformity clause” restricted what type of tax relief lawmakers can enact. 

Against that backdrop, a State Commission on Aging in 1962 held hearings around the state in which older adults expressed concerns about health care and property taxes. The Legislature responded in 1963 with the homestead credit. Residents 65 and older could claim up to $225 (the equivalent of $2,380 today), with the precise calculation based on income, property taxes paid through ownership or rent.

The Legislature expanded eligibility over the years, notably in 1973, when it lowered the age minimum to 18. That dramatically boosted total claimants and payouts. By 1988, more than 250,000 people received a collective $100 million (roughly $270 million today) in credits.

The trend has since reversed. 

Fewer than 67,000 residents claimed a collective $32.6 million in credits last year — a precipitous plunge, Department of Revenue data show.

The program’s income cap today — $24,680 — has barely budged since 2000. The nearly identical cap of $24,500 in 2000 is the equivalent of $45,812 today when adjusted for inflation.

Meanwhile, the program’s “phaseout income” of $8,060, under which homeowners or renters can recoup the maximum 80% of property taxes paid, has increased by only $60 since the 1989 tax year.

Today’s maximum credit a household can claim ($1,168) is just $8 higher than the 1990 level.

Diane Hanson, Butler’s tax agent, said her clients are receiving smaller credits each year or becoming ineligible as inflation pushes wages or Social Security payments above the static income limit. 

Still, Hanson suspects many who remain eligible don’t realize it.

The homestead credit helped Hanson through her most challenging times. After learning about it at her local library, she claimed the credit for several years while raising her two children during a divorce, one of them with disabilities. 

After becoming a tax agent in 2019, she began to educate clients facing similar circumstances. They include Renata Braatz, who raises her 12-year-old son and spends about 30% of her monthly income on rent through the Section 8 voucher program. She claimed about $600 through the homestead program last year. She spent it on groceries and other expenses for her son.

“I never knew about it. I lived here for six years, and I just started doing it two years ago,” Braatz said. 

But asking questions paid off. 

“Renata was proactive, reaching out, phoning us, and asking if there could be any credits for her. I think that is more than some folks know to do,” Hanson said. “Before I was a tax professional, I myself didn’t know how much the federal earned income credit can help out parents.”

Democrats call for credit’s expansion 

Senate and Assembly Democrats earlier this year introduced identical bills to expand the homestead credit — allowing households earning up to $35,000 to claim it and indexing the maximum annual income, phaseout income and maximum credit to inflation. The proposal would have reduced state revenue by an estimated $36.7 million, $43 million and $48.8 million over the next three fiscal years.

Democratic Gov. Tony Evers also proposed a homestead credit expansion in his last two-year budget. 

Neither  proposal advanced in the Republican-controlled Legislature. 

Sen. Mark Spreitzer, D-Beloit, authored the Senate version of the bill with colleagues. His district borders Illinois, which offers a range of more generous homestead tax incentives. Several constituents who previously lived in Illinois asked him why Wisconsin doesn’t offer what Illinois does, inspiring the legislation.

The Wisconsin Constitution’s uniformity clause prohibits lawmakers from enacting Illinois-like tax exemptions for older adults or other low-income residents, Spreitzer said, but the credit offers a legal work-around.

“There’s not really another credit that takes the place of this,” he said. “That’s why the homestead credit is so important.”

Spreitzer said he plans to reintroduce an expansion bill, and he encourages residents to share their perspectives with their representatives.

“If we want to do something about affordability, this is a very direct thing we can do,” Spreitzer said. “We’re not creating a new credit here. This already exists. We’re just talking about increasing who qualifies and how much money they would get back, and that’s money that they would directly be able to get back on their taxes and then spend to put food on the plate for their families.”

Hanson sees a path for bipartisan support for an update. 

“The alternative is to see it dwindle,” Hanson said. “It hurts the segment of people that actually need it, the people who just don’t get much help anywhere. They’re still working hard to be independent.”

Learn more about the homestead credit

Visit the Department of Revenue’s website to learn more about eligibility for the credit.

You can claim it by filing online or through mail within 4 years and 3 ½ months after the fiscal taxable year to which the claim relates. That means you can still file for a 2021 credit before April 15, 2026.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

As living costs soar, tax relief shrinks for low-income Wisconsin residents 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.

How to navigate the health care marketplace as premiums rise and options shrink 

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Click here to read highlights from the story
  • Residents choosing health insurance on the federal marketplace for 2026 will contend with hikes in premiums and other fees, the potential ending of tax credits that made payments more affordable and fewer plan options in some areas. 
  • But Wisconsin’s average premium hike of 17.4% next year is lower than the national average of 26%.
  • The exact changes in costs and options depend on where you live. 
  • Insurance navigators say finding an affordable plan is still possible.

People who rely on the federal Affordable Care Act marketplace to choose health insurance for 2026 must contend with a host of challenges as the open enrollment period begins. Those include hikes in premiums and other fees, the potential ending of tax credits that made payments more affordable, and fewer options in some areas. 

That’s as a growing number of residents have used the marketplace. More than 300,000 Wisconsinites, or about 5% of the state’s population, signed up for plans last year at HealthCare.gov — more than double the enrollment from about a decade ago. 

If you’re feeling anxious or overwhelmed while considering your options, here is some information that might help. 

How long does open enrollment last? 

It began Nov. 1 and runs through Jan. 15. Choose a plan by Dec. 15 if you want coverage to kick in by Jan. 1. 

How much will premiums increase? 

Here’s some bad news: Premiums in Wisconsin will increase on average by 17.4% next year, a Wisconsin Watch analysis shows. If it’s any consolation, that’s less than the estimated 26% national hike as reported by KFF, a health policy nonprofit.

“Wisconsin is better than the national average,” said Adam VanSpankeren, navigator program manager of Covering Wisconsin, a University of Wisconsin-Madison Division of Extension program that helps people enroll in publicly funded health care. “Don’t be afraid to look at your plan and see what’s available because you’ll probably be able to find an affordable option.”

Premiums for most plans will increase by 9.4% to 19%. Premiums for a few outlying plans will surge by over 33.3%.

The increases depend on where you live. For example, the new benchmark plan in Milwaukee County will be 44% more expensive than the 2025 benchmark. That’s compared to an increase of just 8.13% in La Crosse and Trempealeau counties.

A benchmark plan refers to the second-cheapest Silver-tier plan, an Affordable Care Act concept used to calculate subsidies to help a marketplace enrollee pay their premiums

Benchmark plans in Sawyer and Ashland counties will become the state’s most expensive next year, with 27-year-olds paying premiums of $637.57 per month. The two counties also stand out when comparing the average plan costs. The state’s cheapest benchmark plans will be found in Kewaunee, Brown, Door, Shawano, Oconto, Marinette and Manitowoc counties, where a 27-year-old will pay $444.58 monthly.

Statewide prices for Common Ground Health Cooperative will increase an average of 16.6% in 2026, including more noticeable hikes of at least 30% in Jefferson and Walworth counties. The company attributed the changes to rising health care costs and a changing federal landscape.

“By updating our rates, we can ensure the sustainability of our marketplace product and continue to deliver high-quality care to our members,” a spokesperson wrote in an email to Wisconsin Watch.

What is happening with subsidies? 

More than 86% of Wisconsin enrollees last year received advanced premium tax credits that lowered the cost of premiums by an average of $585, according to KFF.

But one major subsidy, the enhanced premium tax credit, introduced in 2021, is set to expire at the end of 2025. Democrats in Congress have called for the credits to be extended in a debate that’s central to the ongoing federal government shutdown

The tax credit’s expiration would result in lower reimbursements for eligible households. Households with an income of more than four times the federal poverty level will no longer be eligible for any federal tax credit.

“How much Wisconsinites’ healthcare coverage costs will increase varies depending on age, income, plan selection, and available insurers in each county, but many Wisconsinites will see their premiums increase significantly, with seniors and middle-class families seeing some of the largest increases if Republicans in Congress do not extend enhanced tax credits under Affordable Care Act,” Evers wrote in an Oct. 27 press release.

A 60-year-old couple making around $85,000 in Barron County could see premiums skyrocket over 800%, with an annual increase of over $33,000 in costs, according to calculations by the Insurance Commissioner Nathan Houdek’s office. The same couple living in Dane County could see premiums triple, paying nearly $20,000 extra a year. 

VanSpankeren says to examine your options as soon as you can, with help from insurance agents or navigators such as those at Covering Wisconsin.

“That (cost increase) does not mean be scared or anxious or stay away from the marketplace,” VanSpankeren said. “It means you’ve got to look again, and you’ve got to do your homework and work with a navigator if you need to.”

If you’re looking for a marketplace plan, it’s a good time to estimate your income for the year, VanSpankeren added, even if that seems difficult. If your income changes over the year, you can report that later.

“You’re just going to do your best, and that’s all anybody can do,” he said. “But really take that extra time to calculate it, however close you can, it’s going to help you a lot in terms of making sure your plan is affordable and making sure you’re not paying back in tax credits that you shouldn’t have gotten.”

He also suggested considering how often you expect to visit the doctor’s office over the year and whether you anticipate any major procedures. That will help determine what plan makes most sense to choose. 

How will changes affect plan options? 

Residents in most counties will find fewer plan options as companies retreat from certain markets. Data from Houdek’s office show that 46 of Wisconsin’s 72 counties lost at least one insurance company. Up to four companies will stop serving Winnebago, Racine, Calumet, Milwaukee, Sheboygan, Outagamie, Manitowoc and Kenosha counties. 

Two out of three providers currently serving Fond du Lac County have announced exits, leaving residents with just one option.

VanSpankeren worries dwindling options will push some residents out of the marketplace, leaving them unable to access any existing subsidies — potentially falling prey to providers that exploit people in need.

“This would be an opportunity for the good agents and brokers of Wisconsin to rise to meet that need and say, ‘Hey, there are these other things you’re looking for. This particular hospital, this plan actually covers it. Let’s talk about your options,’” VanSpankeren said.

Dean Health Plan by Medica, Fond du Lac’s remaining insurance provider, is “committed to being a stable presence in the community and supporting those who may need to choose a new plan,” spokesperson Ricky Thiesse wrote in an email.

The company encouraged residents to confirm whether their preferred doctors and hospitals are in-network, or if they need to select new providers to receive full benefits.

What other plan changes might we see? 

A majority (61%) of the health plans in Wisconsin will feature higher deductibles next year, increasing out-of-pocket costs before insurance starts paying. The most dramatic deductible increase will be $2,800.

Some providers are also adjusting co-pays and coinsurance rates to reduce company costs. That could require enrollees to pay more per doctor’s visit or spend more on certain drugs.

Should I consider a catastrophic plan? 

Catastrophic plans, a federal marketplace alternative, commonly feature low monthly premiums but very high deductibles before providers pay for care. They are seen as affordable ways to protect only against worst-case scenarios, like getting seriously sick or injured, according to HealthCare.gov. Catastrophic plans are open only to people under 30 or those who qualify for a hardship or affordability exemption. 

But they are also getting more expensive next year, with premiums surging an average of 57.8%. Catastrophic plans make up the top six plans with the biggest premium increases in 2026. 

VanSpankeren suggests comparing a catastrophic plan with Bronze- or Silver-tier plans that might offer more comprehensive coverage.

While individual comparisons will vary, a single 27-year-old enrolling in a catastrophic plan in 2026 would save an average of just $38 monthly compared to a Bronze-tiered plan.

“We don’t choose plans for people, and we don’t steer people towards plans. But I would say it is very rare for anybody that a navigator works with to choose a catastrophic plan,” VanSpankeren said. 

Want to see how we crunched the data? Read our data analysis process here.

How to navigate the health care marketplace as premiums rise and options shrink  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.

DataWatch: Wisconsin-made cheese is special. Here are the numbers to prove it.

Assorted cubes and slices of cheese are arranged on wooden boards with a serving utensil placed on one of the boards.
Reading Time: 3 minutes

For $4, hungry dairy enthusiasts who attended the recent World Dairy Expo could enjoy a grilled cheese bite at the “cheese stand” with a choice of American, Swiss or the daily “specialty cheese.” 

With options such as Muenster, smoked Gouda and dill havarti, one in four customers tried the specialty cheese, estimated Grace Mansell, a biological systems engineering student at the University of Wisconsin-Madison and manager of the stand operated by the Badger Dairy Club and the Collegiate Farm Bureau.

“It’s a really great, new and exciting thing that people are getting into (specialty cheese). It’s not necessarily just your classic flavors anymore,” Mansell said. “Everybody likes a good classic American, but it’s kind of fun to have something different every day for people to try.”

Last year, over a quarter (28%) of the cheese produced in Wisconsin was considered specialty cheese, according to the USDA. Longer-term data show a growing interest among cheesemakers in making more specialty cheeses each year.

Specialty cheese generally refers to premium cheeses that stand out for their unique styles, flavors or craftsmanship, according to Chris Kuske Riese, senior vice president of channel marketing for Dairy Farmers of Wisconsin. There’s no single definition for the category, so they can be cheese curds with Cajun spices, cheddar cheese with smoked flavor, or a wide variety of Hispanic cheeses.

“From a marketing perspective, specialty cheese plays an important role in consumer perception,” Riese wrote in an email to Wisconsin Watch. “These products help elevate Wisconsin Cheese’s reputation for quality and innovation, while complementing the broader category of cheeses consumers enjoy every day.”

Wisconsin cheesemakers produced over 1 billion pounds of specialty cheese in 2024. That marked a twelvefold increase since the USDA started collecting data in 1993.

USDA reported 93 of Wisconsin’s 116 cheese plants manufactured at least one type of specialty cheese last year. The number has more than doubled within three decades. However, the number of specialty cheesemakers remained mostly stable since 2009, meaning cheese plants are increasing specialty cheese production each year.

Luke Buholzer, vice president of sales for the Klondike Cheese Company, said the company produced about 38 million pounds of cheese last year, almost doubling the production from a decade ago. All of his company’s products are considered specialty cheeses. 

Wisconsin cheesemakers first showed their interest in specialty cheese in the early 1980s. 

“Cheesemakers at smaller plants started to become more flexible, entrepreneurial and willing to take on some risk. They got fed up with the low cheese prices and trying to compete with commodity plants and recognized they needed to do something different,” John Lucey, director of the Wisconsin Center for Dairy Research at the University of Wisconsin-Madison, wrote in a guest column for Cheese Market News.

“The whole reason we went into specialty cheeses is because they do have better (profit) margins, so we can keep the business afloat,” Buholzer said. Cheesemakers needed larger production volumes to make commodity cheeses profitable, yet drastically increasing production volume was not ideal for smaller cheese manufacturers.

Klondike made commodity cheeses like cheddar and Colby during that time. The company introduced Muenster cheese in the early 1980s as its first specialty product. The company gradually introduced more specialty cheese products throughout the decade, including feta in 1988 and dill havarti in the early 2000s. The company simultaneously phased out its commodity cheese production.

Among all the specialty cheese products from Wisconsin, Hispanic cheese eclipses all, with over 150 million pounds being produced last year. Feta followed closely in second place. Buholzer said the popularity of this Greek-style cheese was largely boosted by a baked feta pasta recipe that went viral on TikTok in 2021. The recipe required 8 ounces of feta cheese. 

“Within a week, I saw sales on that particular item go up over 288%,” Buholzer said.

Parmesan wheels are also gaining popularity. Specialty cheddar, havarti and Asiago are also some of the more commonly produced specialty cheeses in Wisconsin. 

“Several market reports suggest growth in the gourmet food/premium foods space,” Riese wrote. “Wisconsin has a distinct advantage in this space because of its long tradition of cheesemaking, the only Master Cheesemaker program outside of Switzerland, and the ability to innovate while still producing at scale.”

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

DataWatch: Wisconsin-made cheese is special. Here are the numbers to prove it. 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.

Digging into data that explains Wisconsin

Headshot of Hongyu Liu
Reading Time: 2 minutes

This is Hongyu Liu, Wisconsin Watch’s new data investigative reporter. 

If you’ve ever been confused and even intimidated by statistics and other numbers, I feel you. 

I was in the same boat three years ago while interning at a newspaper in Quincy, Massachusetts. 

Headshot of Hongyu Liu
Wisconsin Watch data investigative reporter Hongyu Liu (Joe Timmerman / Wisconsin Watch)

When gas prices soared, my colleagues and I made weekly calls to every gas station in town, asking for price updates. It was an effort to help readers who were not familiar with gas price apps to learn where to fill up their cars more affordably. But we were soon drowning in data. Each week, we posted a lengthy list of individual prices, which were already one day old when reaching the readers’ doorsteps. We didn’t quite know how to look at the numbers in a more thoughtful, useful way.

Had I the analysis skills I’ve since developed, I would have approached the assignment differently. I would have looked for trends that may have inspired stories about how the higher gas prices might tighten the budgets of residents. 

My eagerness for understanding the world of numbers prompted me to pursue a master’s degree in data journalism at Columbia University. There, I found my niche is where data analysis, web design and journalistic storytelling intersect. I went on to spend almost two years in Charleston, South Carolina, as a data reporting fellow at The Post and Courier, becoming the newsroom “data nerd.” I used data skills to sift through drug prescription records to find evidence of identity theft and understand how loosened regulations led to a surge in sea turtle deaths from dredging near ports.

Now I’m eager to do similar reporting for Wisconsin, using data to provide rich context to our journalism that aims to make communities strong, informed and connected. That includes finding investigative leads rooted in data and producing visualizations that explain the issues we cover, such as through our DataWatch series.

We live in a world with ever-increasing reams of raw data that, if understood and analyzed, can help us better understand our communities. I’m stepping in at Wisconsin Watch to take the lead on how we use data in our journalism — and to understand how actors across the state are representing or even misrepresenting data trends.

I want to hear from you. If you have ideas for data we should analyze and visualize, or if you have questions about data in a government report, email me at hliu@wisconsinwatch.org and share your thoughts.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

Digging into data that explains Wisconsin 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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