A new lawsuit alleging partisan gerrymandering has been filed less than 24 hours after a liberal shift in the Wisconsin Supreme Court. The lawsuit claims that the 2020 state redistricting is unconstitutional and partisan in favor of Republican candidates.
It's a matter that's going to the state's supreme court in hopes of changing district mapping ahead of the 2024 election.
"The extreme partisan gerrymander that has changed everything in Wisconsin for more than 10 years now, is a front against democracy and a violation of our state constitution," Jeff Mandell said.
Mandell's with Law Forward. Law Forward, along with others, are spearheading this lawsuit. He said they're asking the supreme court for three things: to hold that partisan gerrymandering violates the rights of the constitution, to hold that the current layout of districts is unconstitutional and that this form of partisan gerrymandering violates the separation of powers within state government.
"State courts across the country have invalidated partisan gerrymandered maps that are far less extreme than this," Mark Gaber with Campaign Legal Center said.
In 2020, the state legislature and Gov. Tony Evers drew up two separate district maps for the state, but couldn't agree on them. The then-conservative-leaning supreme court voted to take the Republican majority legislature's proposal.
"Ever since Protasiewicz won her supreme court seat, the expectation that there would be a lawsuit challenging these maps under state law and that's exactly what this is," John Johnson said.
Johnson's a research fellow at Marquette's Law School. He said there are requirements laid out in Wisconsin's constitution for redistricting. Those requirements include that districts are contiguous, meaning borders touch each other unless there's a body of water for separation.
It's also recommended that districts stay within county lines and when applicable, municipal lines, and they should also be compact. Johnson said there is an ability to have a non-partisan redistricting.
"It's a suggestion you should just draw maps using those goals and paying absolutely no attention to where Democrats or Republicans live," Johnson explained.
The plaintiffs are asking for the court to take this case and redistrict the state by March 19, 2024. If this happens, we're told senators who weren't supposed to run in 2023 will be required to have a special election based on the new redistricting. Then, they will have to run again in 2026.
Gov. Evers sent, in part, the following statement regarding this lawsuit:
“For years, members of the Wisconsin State Legislature have consistently ignored the will of the people, and they’ve been able to do so comfortably and without facing any real accountability because they have gerrymandered themselves into safe, partisan districts. It’s time for that to change."
Senate Majority Leader Devin LeMahieu, who's in opposition to the lawsuit, also sent a statement:
“Wisconsin’s current legislative maps are valid and constitutional. Instead of redefining their radical political platform to match the values of everyday Wisconsinites, liberal Democrats are counting on judicial fiat to help them gain power. The timing of this lawsuit questions the integrity of the court. It’s clear that liberal interest groups are coming to collect from Justice Protasiewicz after her campaign broke judicial code to earn their financial support earlier this year. The State Senate will defend the Constitutionality of Wisconsin’s current legislative maps.”
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