ELC, along with Law Forward, Stafford Rosenbaum, Campaign Legal Center, and Arnold & Porter are representing voters from all corners of Wisconsin in a lawsuit challenging gerrymandered state legislative maps in the Supreme Court of Wisconsin. These unfair maps have resulted in skewed representation, violating the Wisconsin constitution.

VICTORY: Governor Evers signed the first non-gerrymandered maps in over a decade, ensuring that Wisconsinites will vote in constitutional state legislative districts in time for the 2024 election.

On January 12, 2024 the Clarke legal team filed proposed constitutional legislative maps to the Wisconsin Supreme Court.

VICTORY: on December 22, 2023 The Wisconsin Supreme Court struck down the state’s legislative maps as unconstitutional.

BACKGROUND

For 12 years, there has been a systematic silencing of voters in Wisconsin. The existing legislative maps are an extreme partisan gerrymander and violate the Wisconsin constitution. These maps violate Wisconsin’s guarantee of free speech by retaliating against voters who express certain political views ; treat some voters worse than others based on their political views and where they live in violation of Wisconsin’s guarantee of equality; divide Wisconsinites who would otherwise associate together to build support for candidates of their choice in violation of the free association clause; and violate the promise of a free government found in the Wisconsin constitution. In addition, the legislative maps are non-contiguous and were imposed in a manner that violates the separation of powers limitation in the Wisconsin constitution.

The existing maps that are set to be used in 2024 are identical maps that the governor vetoed in November 2021. The legislature tried and failed to override the veto. Still, the Court made them the maps Wisconsin uses in elections. These unconstitutional maps should not be used in 2024.

The complaint, filed by ELC, Law Forward, Stafford Rosenbaum, Campaign Legal Center, and Arnold & Porter argues 55 assembly districts and 21 senate districts violate a straightforward and express constitutional requirement because they are noncontiguous, with detached pieces scattered in surrounding districts.

This case maintains that the legislative redistricting plans proposed by the legislature and imposed by the Wisconsin Supreme Court are extreme partisan gerrymanders which retaliate against voters based on their viewpoints.

“Since 2012, even when Democrats have won as much as 53% of the statewide vote, they have held no more than 39 of the 99 Assembly seats. In the same period, even when Republicans have won as little as 44.8% of the statewide vote, they have held no fewer than 60 of the 99 Assembly seats. As intended by the 2011 partisan gerrymander, voting for state legislative districts has no effect on political party control of the state legislature and, therefore, constrains the ability of the people of the State of Wisconsin to effect legislative outcomes by electing representatives of their choice who reflect their preferred policies” (Pet. pg. 14-15).

Because we believe each citizen ought to be able to exercise their right to vote under fair maps and obtain equal representation, we are proud to represent our clients’ diverse experiences throughout Wisconsin.

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