LoginRecord $100M spent on Wisconsin Supreme Court race raises concerns over judicial independence
The seven members of the Wisconsin Supreme Court hear oral arguments. (Henry Redman/Wisconsin Examiner)
This story was published in partnership with the Center for Media and Democracy,
The more than $100 million spent on this spring’s Supreme Court election in Wisconsin set a new national record for spending on a state judicial race. The figure almost doubles the previous record of $51 million, which donors poured into the Wisconsin Supreme Court race in 2023.
“The spending in this race is an indication of just how dominant state high courts have become in the biggest political fights playing out today,” Douglas Keith, a senior counsel in the Brennan Center’s Judiciary Program, told the Center for Media and Democracy (CMD). He pointed to the “growing recognition” of the significance of state courts in ruling on both challenges to election laws and abortion rights since the U.S. Supreme Court overturned Roe v Wade in 2022.
The record spending on the 2025 Wisconsin race, the pathways the money traveled and the outsized influence of a few major donors raise questions about the future and fairness of judicial elections in Wisconsin and beyond.
Outside spending
The campaign for liberal candidate Susan Crawford — who ultimately won the election by 10 points — raised more than $28.3 million, while her conservative counterpart Brad Schimel pulled in over $15.1 million in campaign funding, according to a CMD analysis of Wisconsin Ethics Commission filings.
Special interest and ideological political action committees (PACs) accounted for the majority of the spending, dropping almost $57 million on both the liberal and conservative candidates. Thirteen of those outside groups spent more than $1 million each (and in many cases, well over $1 million) on the race, for a total of $48.8 million — more than the combined total raised by the two campaigns.
“Big money has ruined us,” Janine Geske, a retired Wisconsin Supreme Court justice, told CMD. “It distresses me. It just goes to the heart of the independence of the judiciary.”
Several of the highest spending groups are linked to just a small number of individuals. Billionaire Charles Koch’s astroturf operation Americans for Prosperity spent more than $3.3 million, while shipping giant Richard Uihlein’s Fair Courts America super PAC spent over $4.4 million.
Few backers drew more attention than Trump’s top campaign donor Elon Musk, who funneled nearly $18.7 million into the race to boost Schimel through his America PAC and the Building America’s Future PAC, a group he has reportedly funded in part since 2022.
“The Musk involvement helped politicize [and polarize] the race,” Charles Franklin, professor of law and director of the Marquette Law School Poll, told CMD. “That was a brand new element.”
There was a strong turnout in the April election, with 51% of Wisconsin’s eligible voters casting ballots — remarkably high for an election in which the state Supreme Court was the highest office on the ballot.
“Voter turnout is up because the race is important, but it’s also up because so much money is being poured into it,” Franklin said, noting a 15-year rise in turnout in the state’s elections for its highest court.
Political party loophole
Although Wisconsin Supreme Court elections are officially nonpartisan, the state’s Republican and Democratic parties played major roles. “It’s been so obviously a de facto partisan race for several cycles,” said Franklin, who also highlighted the significance of endorsements from President Trump and former President Obama in the election.
The maximum amount that can be legally given to the campaign committee of a candidate running for the Wisconsin Supreme Court is $20,000. However, individuals can make unlimited contributions to a political party. Some donors use this as a legal loophole to funnel money to judicial candidates by first giving money to the state party, which then transfers the funds to the candidate’s campaign committee.
In the most recent election, the Wisconsin Democratic Party gave more than $10.4 million to Crawford while the state GOP contributed over $9.5 million to Schimel, according to a CMD analysis of Wisconsin Ethics Commission filings. The contributions from the state parties accounted for almost two-thirds of Schimel’s overall campaign spending and more than a third of Crawford’s.
The top donor to one of the two major political parties in Wisconsin is Diane Hendricks, who has given just under $3.6 million so far this year to the state GOP. She is the owner of Hendricks Holdings and a co-founder of ABC Roofing Supplies, the largest roofing supply company in the country.
In addition to the $18.7 million Musk spent through PACs, he also gave $3 million to the Wisconsin GOP this year. Similarly, Richard Uihlein has given nearly $1.7 million to the
Wisconsin GOP in 2025 on top of the $4.4 million his PAC dropped on the race. His wife, Elizabeth Uihlein, gave more than $2.1 million to the state party. The couple each sent the maximum individual contribution of $20,000 to Schimel’s campaign as well.
Major donations also flowed in on the Democratic side. Billionaire investor George Soros gave $2 million and Illinois Governor JB Pritzker gave $1.5 million to Wisconsin’s Democratic Party.
Reform prospects
The Marquette Law School Poll conducted in February found that 61% of respondents believe party contributions reduce the independence of judges.
“It’s crucial that the public be able to look at courts and think they’re doing something different than raw politics,” Keith said. “This kind of an election makes it really hard for them to think of courts that way if the process for picking judges looks like the process for picking a U.S. senator.”
Geske, who supports judicial elections in principle, shares that concern. “If there is no faith, we don’t have a system. It doesn’t work.”
Yet, in that same poll, 90% of respondents said it was better to elect rather than appoint state Supreme Court justices. Wisconsin is one of 14 states that rely on nonpartisan elections to choose their Supreme Court justices, a practice it has followed since becoming a state in 1848.
While the Marquette Law School Poll suggests there is broad public support for electing judges, record-breaking spending on those races raises concerns about judicial independence.
The rising tide of outside spending is unlikely to recede, particularly given the U.S. Supreme Court’s landmark decision in Citizens United v. FEC (2010) allowing unlimited outside spending on elections, including for judicial races.
“Citizens United really set us back,” Geske said. “It destroyed the ability to have an independent judicial race where people can really look at the quality of the candidate versus the politics of it.”
In 2017, she was one of 54 judges who petitioned the Wisconsin Supreme Court for stricter ethics rules to prevent judges from hearing cases involving major campaign contributors. But since the petition was ultimately rejected, no state rule currently requires a judge’s recusal or automatic disqualification from hearing such a case. The decision to recuse is left up to each individual justice in each case.
The U.S. Supreme Court ruling in Caperton v. A.T. Massey Coal Co. (2009) held that a judge’s recusal is required when the campaign support received is so significant that it creates a “serious risk of actual bias,” but that standard has rarely been applied since the decision.
Geske had hoped that Wisconsin’s highest court would revisit the possibility of stricter ethics rules in this context but now thinks that is unlikely given the significant financial contributions several justices have received. She believes that stronger guidelines rather than requiring mandatory recusal may be a more viable option.
Even if recusal guidelines were strengthened, Geske noted there would be practical complications if a Wisconsin Supreme Court justice stepped aside from a case. Unlike some other states, Wisconsin has no system for replacing a recused justice. If one of the seven justices steps aside, the court could be left with risking a deadlocked 3–3 decision.
Beyond the question of independence, Keith said more could be done to enhance transparency in Wisconsin judicial elections overall, such as requiring more frequent financial disclosures. “While we know a lot about what groups were spending and how much they spent, we know very little about where their money was coming from,” he pointed out. “A lot of it is informed guesswork.”
“The unprecedented and obscenely high amount of political money being raised and spent in Wisconsin Supreme Court elections is a fairly new and horrific development in our state,” wrote Jay Heck, executive director of Common Cause Wisconsin, in 2024. “It wasn’t always this way here and it cannot and should not continue.”
Heck pointed out that Wisconsin enacted the Impartial Justice Act in 2009, which provided public financing for state Supreme Court campaigns in exchange for a voluntary spending cap and a ban on soliciting private contributions. However, Republican Governor Scott Walker and the GOP-controlled legislature repealed the measure and dramatically weakened Wisconsin’s campaign finance laws.
“We went from being the progressive good government promised land to the political wasteland of the country,” Heck said.
Common Cause has called for updating and reinstating the 2009 reforms, along with strengthening recusal rules and prohibiting coordination between campaigns and outside groups.
A recent poll by the Wisconsin Democracy Campaign found that almost three of four Wisconsin voters want limits on outside PACs, but that reform is not possible until the Citizens United decision is overturned.
Next year’s Supreme Court election
Major reforms are unlikely before the next election in April 2026, when conservative Justice Rebecca Bradley will be seeking to retain her seat. Spending will likely be lower than in this year’s race given that the court’s new 4–3 liberal majority will not be in play.
However, the scale and tone of the 2025 race may influence the 2026 election and others in different ways. Geske said she knows judges who would have previously considered running for the state Supreme Court but are no longer interested.
“When you get into these kinds of numbers and that kind of race, they’re not going to put themselves and their families through it,” she said. “It narrows the number of people who are willing to run for the court.”
Geske said that if judicial elections had been like this when she ran in 1993, she wouldn’t have run. “When I was running, we really tried to have bipartisan support,” she said. “Now it really is: ‘Whose side are you on?’”
“I think that will continue and, as a result, I think that big money will continue to follow.”
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