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Wisconsin Democrats try again for advisory referendum on overturning Citizens United

Sen. Jeff Smith holding up a printout of President Donald Trump's post telling people to buy, which went out just hours before he paused most tariffs. (Photo by Baylor Spears/Wisconsin Examiner)

Wisconsin Democrats are resurrecting a resolution that would allow voters to weigh in on whether the U.S. Supreme Court’s landmark Citizens United ruling should stand — an effort that comes just a week after historic spending in Wisconsin’s state Supreme Court election.

The U.S. Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission found that corporations and unions have a First Amendment right to speech and laws preventing them from spending were unconstitutional. The decision has enabled corporations and other outside groups to spend virtually unlimited amounts of money on elections. 

Lawmakers said the decision is the core of why spending has gotten so out of hand in the last decade and a half. According to the Wisconsin Democracy Campaign, preliminary data shows that nearly $100 million was spent during the April race between Justice-elect Susan Crawford and Brad Schimel.

At a press conference, Sen. Jeff Smith (D-Brunswick) called billionaire Elon Musk — who has directed efforts in the Trump administration to slash federal programs and fire federal employees and spent millions trying to influence the outcome of the Wisconsin  Supreme Court — a “carpetbagger.” He criticized Musk for giving money to voters, saying Wisconsinites shouldn’t get accustomed to being paid to vote, but should be voting to make their voices heard.

Smith said money in elections is making voters feel like billionaires are outweighing their voices. He then called specific attention to President Donald Trump telling investors to ‘buy’ on social media — as the stock market was wavering — just hours before he announced that for 90 days he would be lowering U.S. tariffs to 10% on most countries and raising them on China to 125%. The move caused the stock market to rise and, then led to accusations of market manipulation and insider trading. 

“The man in the White House sent this message — ‘A great time to buy! A great time to buy.’ He sent his message to his rich donors and friends,” Smith said. 

“It pays off to put millions of dollars in campaigns because they’re going to make money in the end if they win,” Smith continued. “We need Congress to reevaluate this role of corporations and billionaires and their role in money and politics.”

The advisory referendum would seek an answer from voters on whether Wisconsin’s Congressional delegation should support a constitutional amendment to overturn the Supreme Court’s decision. Specifically it would ask voters the question whether “only human beings are endowed with constitutional rights — not corporations, unions, nonprofit organizations, or other artificial entities” and whether “money is not speech, and therefore limiting political contributions and spending is not equivalent to limiting political speech.”

Smith said voters sent a message that they won’t be bought last week by rejecting Musk’s preferred candidate.

“We don’t want that money coming in here in Wisconsin to buy our elections and our freedom,” Smith said. “Let’s put this referendum on the ballots, so voters can make their voices heard directly to Congress.

Wisconsin Democracy Campaign Operations and Policy Director Beverly Speer emphasized at the press conference that the issue goes beyond Musk, saying that spending by independent expenditures —  totaling about $51.5 million in April — are often backed by billionaires and operated in shady ways.

“Don’t be mistaken, Musk is just one of a handful of billionaires who contributed to this bipartisan arms race,” Speer said. “Things will continue to escalate… Unless we want to see a $150 million race, and then maybe a $200 million race, we need to cut off this free-for-all.”  

Speer said that voters are mostly opposed to the vast spending in campaigns. 

The Wisconsin Democracy Campaign conducted a survey in February that found about 88% of Wisconsin voters statewide are “extremely concerned” or “very concerned” about the influence of money in politics. The survey also found that 86% of respondents said people and groups shouldn’t be able to spend “unlimited amounts of money” to support political campaigns and 83% of respondents said there should be limits on how much campaigns can spend.

“While working Wisconsinites stretch to pay rent, feed their families, and make ends meet, billionaires treat our elections like a game — pouring millions into a state that they don’t even normally live in, hoping to tip the scales in favor of their special interests,” Speer said. 

A statewide referendum would need to pass the Republican-led Legislature, and Rep. Lisa Subeck (D-Madison) acknowledged that previous attempts have been unsuccessful. She said she welcomes more conversation about the issue and proposal.

“Not once has it even gotten a hearing, and you know, why? Because politicians who are beholden to big money in politics don’t want to hear what the people have to say about it, but we are calling on… our colleagues to join us in this resolution,” Subeck said. 

Subeck said lawmakers were starting with the referendum because any changes in state law are “neutered” by the Citizens United decision. She said Democrats would be introducing more bills to address the issue in the near future, including on disclosure of money in campaigns and on public financing. However, she said pushing Congress for a constitutional amendment will be key to changing the state of money in elections. 

“We cannot fundamentally make wholesale change in this through any state law as long as Citizens United is still law of the land,” Subeck said. “We need to amend our federal Constitution and we need to send that message clear and simple.”

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Republican lawmakers no show as western Wisconsin farmers complain of Trump chaos, disruption 

An Eau Claire County farm. (Photo by Henry Redman/Wisconsin Examiner)

Seven western Wisconsin Republican lawmakers did not appear at an event hosted by the Wisconsin Farmers Union in Chippewa Falls Friday as farmers from the area said they were concerned about the effect that President Donald Trump’s first month in office is having on their livelihoods. 

Madison-area U.S. Rep. Mark Pocan (D-Black Earth), state Sen. Jeff Smith (D-Eau Claire) and state Reps. Jodi Emerson (D-Eau Claire) and Christian Phelps (D-Eau Claire) were in attendance. 

U.S. Reps. Tom Tiffany and Derrick Van Orden, state Reps. Rob Summerfield (R-Bloomer), Treig Pronschinske (R-Mondovi) and Clint Moses (R-Menomonie) and state Sens. Jesse James (R-Thorp) and Rob Stafsholt (R-New Richmond) were all invited but did not attend or send a staff member. 

The Wisconsin Farmers Union office in Chippewa Falls. (Photo by Henry Redman/Wisconsin Examiner)

“All four of us want you to know that there are people in elected office who want to fight for you,” Phelps said. “Because I think there’s a lot of fear that comes from the fact that we’re seeing a lot of noise and action from the people who aren’t and some of the people that didn’t show up to this. So I hope that you will also ask questions of them when you get a chance.” 

Multiple times during the town hall, Pocan joked that Van Orden was “on vacation.” 

Emerson, whose district was recently redrawn to include many of the rural areas east of Eau Claire, told the Wisconsin Examiner she had just been at an event held by the Chippewa County Economic Development Corporation where a Van Orden staff member did attend, so she didn’t understand why they couldn’t hear about how Trump’s policies are harming local farmers. 

“I get that a member of Congress can’t be at every meeting all the time, all throughout their district,” Emerson said. With 19 counties in the 3rd District, “it’s a big area. But I hope that they’re hearing the stories of farmers and farm-adjacent businesses, even if they weren’t here. There’s something different to sit in this room and look out at all the farmers, and when one person’s talking, seeing the tears in everybody else’s eyes, and it wasn’t just the female farmers that were crying, the big tough guys, and I think that talks about how vulnerable they are right now, how scary it is for some of these folks.”

Carolyn Kaiser, a resident of the nearby town of Wheaton, said she’s never seen her congressional representative, Van Orden, out in the community. Despite Van Orden’s position on the House agriculture committee, Kaiser said her town needs help managing nitrates in the local water supply and financial support to rebuild crumbling rural roads that make it more difficult for farmers to transport their products.

“When people don’t come, it’s unfortunate,” Kaiser said. 

Emmet Fisher, who runs a small dairy farm in Hager City, said during the town hall that he was struggling with the freeze that’s been put on federal spending, which affected grants he was set to receive through the U.S. Department of Agriculture (USDA).

Fisher told the Examiner his farm has participated in a USDA program to encourage better conservation practices on farms and that money has been frozen. He was also set to receive a rural energy assistance grant that would help him install solar panels on the farm — money that has also been held up.

The result, he said, is that he’s facing increased uncertainty in an already uncertain business.

U.S. Rep. Mark Pocan speaks at a Wisconsin Farmers Union event in Chippewa Falls on Feb. 21. (Photo by Henry Redman/Wisconsin Examiner)

“We get all our income from our farm, young family, young kids, a mortgage on the farm, and so, you know, things are kind of tight, and so we try to take advantage of anything that we can,” he said. “[The] uncertainty seems really unnecessary and unfortunate, and it’s very stressful. You know, basically, we have no idea what we should be planning for. The reality is just that in farming already, you can only plan for so much when the weather and ecology and biology matter so much, and now to have all of these other unknowns, it makes planning pretty much impossible.”

A number of crop farmers at the event said the looming threat of Trump imposing tariffs on Canadian imports is alarming because a large majority of potash — a nutrient mix used to fertilize crops — used in the United States comes from Canada. Les Danielson, a cash crop and dairy farmer in Cadott, said the tariffs are set to go into effect during planting season.

“How do you offer a price to a farmer? Is it gonna be $400 a ton, or is it gonna be $500 a ton?” he asked. “I’m not even thinking about the fall. I’m just thinking about the spring and the uncertainty. This isn’t cuts to the federal budget, this is just plain chaos and uncertainty that really benefits no one. And I know it’s kind of cool to think we’re just playing this big game of chicken. Everybody’s gonna blink. But when you’re a co-op, or when you’re a farmer trying to figure out how much you can buy, it’s not fine.”

A recent report by the University of Illinois found that a 25% tariff on Canadian imports — the amount proposed by Trump to go into effect in March — would increase fertilizer costs by $100 per ton for farmers.

Throughout the event, speakers said they were concerned that Trump’s efforts to deport workers who are in the United States without authorization  could destroy the local farm labor force, that cuts to programs such as SNAP (commonly known as food stamps) could cause kids to go hungry and prevent farmers from finding markets to sell their products, that cuts to Medicaid could take coverage away from a population of farmers that is aging and relies on government health insurance and that because of all the disruption, an already simmering mental health crisis in Wisconsin’s agricultural community — in rural parts of the state that have seen clinics and hospitals close or consolidate — could come to a boil.

“Rural families, we tend to really need BadgerCare. We need Medicaid. We need those programs, too,” Pam Goodman, a public health nurse and daughter of a farmer, said. “So if you’re talking about the loss of your farming income, that you’re not going to have cash flow, you’re already experiencing significant concerns and issues, and we need the state resources. We need those federal resources. I’ve got families that from young to old, are experiencing significant health issues. We’re not going to be able to go to the hospital. We’re not going to go to the clinic. We already traveled really long distances. We’re talking about the health of all of us, and that is, for me, from my perspective as a nurse, one of my biggest concerns, because it’s all very interrelated.”

Near the end of the event, Phelps said it’s important for farmers in the area to continue sharing how they’re being hurt by Trump’s actions, because that’s how they build political pressure.

“Who benefits from all the chaos and confusion and cuts? Nobody, roughly, but not literally, nobody,” he said. “Because I just want to point out that dividing people and making people confused and uncertain and vulnerable is Donald Trump’s strategy to consolidate his political power.”

“And the people that can withstand the types of cuts that we’re seeing are the people so wealthy that they can withstand them. So they’re in Donald Trump’s orbit, basically,” Phelps said, adding  that there are far more people who will be adversely affected by Trump’s policies than there are people who will benefit.

“And you know that we all do have differences with our neighbors, but we also have a lot of similarities with them, and being in that massive group of people that do not benefit from this kind of chaos and confusion is a pretty big similarity,” he continued. “And so hopefully these types of spaces where we’re sharing our stories and hearing from each other will help us build the kind of community that will result in the kind of political power that really does fight back against it.”

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