Wisconsin: In Gerrymandering Case, 16 States Lend Support to Wisconsin | The Texas Tribune

Texas Attorney General Ken Paxton is backing Wisconsin in a high-profile case asking the U.S. Supreme Court whether lawmakers can go too far when drawing political maps to advantage one party. Paxton, a Republican, filed an amicus brief seeking to protect the status quo in political gerrymandering — redistricting maneuvers that allow controlling parties to bolster their majorities in state Legislatures and Congress even when statewide demographics shift against them. Fifteen other states signed onto the brief. “Never has the U.S. Supreme Court disallowed a legislative map because of partisan gerrymandering, and it surely can’t find fault with Wisconsin’s, which is lawful, constitutional and follows traditional redistricting principles,” Paxton said in a statement Tuesday.

Wisconsin: State files first brief to U.S. Supreme Court in gerrymandering case | Wisconsin State Journal

State lawyers defending Wisconsin’s 2011 redistricting plan, which was called an unconstitutional partisan gerrymander by a federal court panel, filed their opening brief Friday with the U.S. Supreme Court, arguing that the high court should reject the lower court ruling and throw out a lawsuit brought in 2015 by a group of state Democratic voters. The Supreme Court in June announced that it would decide the case, and later set oral arguments for Oct. 3. The group of Democrats charges that the 2011 plan was designed to heavily favor Republican candidates in state legislative races, giving them a built-in advantage to retain a large majority of seats in Wisconsin’s legislative houses, despite statewide vote totals in presidential races that typically split nearly evenly between Republicans and Democrats.

Wisconsin: Democrats’ short-lived 2012 recall victory led to key evidence in partisan gerrymandering case | Capital Times

By most accounts, the 2011 and 2012 gubernatorial and Senate recall elections were a complete disaster for Wisconsin Democrats. Gov. Scott Walker’s historic victory boosted his fundraising and re-election prospects. The recall petition became a litmus test for party loyalty. And though Democrats recaptured the Senate majority in June 2012, they lost it five months later and have been shut out of state government ever since. But some Democrats see a silver lining in the recalls that has gone mostly unnoticed until now: The unearthing of key evidence in a potentially landmark legislative redistricting case now before the U.S. Supreme Court.

Wisconsin: Redistricting case heads to Supreme Court with high stakes | Minneapolis Star Tribune

Wendy Sue Johnson can look out her bedroom window in the 91st Assembly District and see across her side yard into the 68th District. Her house was in the 68th until Wisconsin lawmakers redrew state legislative borders in 2011. Republicans, who had just won control of the Legislature, rearranged districts that year to maximize the number of seats their party would win. It worked. In 2012, Republican candidates collected 48.6 percent of all votes cast in Assembly elections, but they won 60 of 99 Assembly seats. Johnson is among 12 Democratic plaintiffs who challenged the constitutionality of the new map. A federal court agreed with them in November. The U.S. Supreme Court will hear the Wisconsin case in October, setting the stage for historic changes to a bedrock political process and the balance of power in state capitals.

Wisconsin: Recount “Reform” Bills Worsen Already Opaque Elections, Critics Warn | WhoWhatWhy

Wisconsin’s legislature is preparing to vote on a pair of bills that would enact stricter standards for election recounts. The impetus for this legislation was Green Party nominee Jill Stein’s successful recount petition after her distant finish in last year’s presidential election. “The situation that we had last fall, with somebody who finished way back in the pack requesting a recount was, I believe, the first time anything like that has ever happened,” Wisconsin Elections Commission spokesman Reid Magney told WhoWhatWhy. Under Assembly Bill 153 and Senate Bill 102, candidates cannot request recounts unless they finish within one percent of the winner. The proposal would also reduce the time available for candidates to petition for recounts.

Wisconsin: The research that convinced SCOTUS to take the Wisconsin gerrymandering case, explained | Nicholas Stephanopoulos/Vox

In June, the Supreme Court agreed to hear its first partisan gerrymandering case in more than a decade. This case, Gill v. Whitford, involves a challenge to the district plan that Wisconsin passed for its state house after the 2010 Census. The case also involves a quantitative measure of gerrymandering — the efficiency gap — that has created a bit of a buzz. One reporter compares it to a “silver-bullet democracy theorem” and a “gerrymandering miracle drug.” Another speculates that it may be the “holy grail of election law jurisprudence.” I’m an attorney in Whitford and the co-author of an article advocating the efficiency gap, so I appreciate the attention the metric is getting. But I still think much of this interest is misplaced. The efficiency gap is, in fact, a simple and intuitive measure of gerrymandering, and I’ll explain why in a minute. But the true breakthrough in Whitford isn’t that plaintiffs have finally managed to quantify gerrymandering. Rather, it’s that they’ve used the efficiency gap (and other metrics) to analyze the Wisconsin plan in new and powerful ways. These analyses are the real story of the litigation — not the formulas that enabled them.

Wisconsin: Voter ID Case Continues Without Ruthelle Frank | Wisconsin Public Radio

The Wisconsin voter ID case Ruthelle Frank v. Scott Walker will continue without Frank. The Village of Brokaw woman died June 4 at the age of 89, without seeing the resolution of the civil rights case that bears her name. In 2011, Frank became the lead plaintiff in the case, which was filed by the ACLU. Frank was a village alderwoman who couldn’t vote in her own election because she didn’t have an ID or the birth certificate she needed to obtain one. "Well, that was just a slap in the face," Frank said at the time. "They wouldn't even look at my other papers. I had everything. I had my social security card. I had my marriage license. I had proof where I lived, and I had all the other requirements. The only thing I didn't have was a birth certificate. I don't feel that I should have to have a birth certificate to be able to vote."

Wisconsin: U.S. Supreme Court to hear Wisconsin’s redistricting case but blocks redrawing of maps | Milwaukee Journal Sentinal

The U.S. Supreme Court agreed Monday to hear a case that found Wisconsin Republicans overreached in 2011 by drawing legislative districts that were so favorable to them that they violated the U.S. Constitution. In a related ruling Monday, the high court handed Republicans a victory by blocking a lower court ruling that the state develop new maps by Nov. 1. Democrats and those aligned with them took that order as a sign they could lose the case. The case is being watched nationally because it will likely resolve whether maps of lawmakers' districts can be so one-sided that they violate the constitutional rights of voters. The question has eluded courts for decades. The court's ultimate ruling could shift how legislative and congressional lines are drawn —  and thus who controls statehouses and Congress. "This is a blockbuster. This could become the most important election law case in years if not decades," said Joshua Douglas, a University of Kentucky College of Law professor and co-editor of the book "Election Law Stories."

Wisconsin: Milwaukee County Board urges state Legislature to create nonpartisan redistricting panel | Milwaukee Journal-Sentinel

The Milwaukee County Board on Thursday urged the Republican-controlled Legislature to create an independent panel responsible for redrawing congressional and legislative districts that do not favor one political party over another. The board's action comes three days after the U.S. Supreme Court agreed to hear a case on appeal that found Wisconsin Republicans in 2011 drew legislative district maps so favorable to their party that the districts violated the federal constitution. In that case, a panel of federal judges ruled 2-1 last year that Wisconsin GOP lawmakers had drawn Assembly district maps so skewed for Republicans that they violated voting rights of Democrats. The maps allowed Republicans to lock in huge majorities in the Assembly and state Senate without competitive elections, according to complainants.

Wisconsin: Assembly passes bill limiting who can seek election recounts | Wisc News

Assembly lawmakers passed a bill Wednesday that would have blocked a statewide presidential election recount in 2016. After votes in the 2016 presidential election were counted, Green Party candidate Jill Stein — who came in fourth in the race — requested a recount. Had the bill authored by Sen. Devin LeMahieu, R-Oostburg, and Rep. Ron Tusler, R-Harrison, been law, only Democratic presidential candidate Hillary Clinton, who lost to President Donald Trump by less than 1 percent, would have been able to request a recount.

Wisconsin: Election Officials Approve Electronic Poll Books | Associated Press

Poll workers would be able to trade their paper and pens for laptops and printers by next year's fall elections under a plan Wisconsin election officials approved Tuesday to develop electronic poll books. The state Elections Commission voted unanimously to have its staff develop e-poll book software and offer it to local election clerks on a pilot basis beginning in February. The commission plans to offer the software to clerks statewide by the August 2018 primaries. The project is expected to cost about $124,865 in staff time. Municipalities that decide to use the system would have to purchase hardware such as laptops and printers at a rate of $475 to $970 per voter check-in station at the polls.

Wisconsin: Elections Commission to weigh electronic poll books at voting locations | Wisconsin State Journal

The state Elections Commission will weigh whether to help municipalities adopt electronic poll books — record-keeping devices used in lieu of paper rosters at Election Day polling places. The item is on the agenda for the commission’s Tuesday meeting. E-poll books have not been used in Wisconsin, but the commission says they are used in at least 27 states. Like their paper counterparts, the devices contain lists of registered voters in a municipality, as well as voter signatures and other information about voters. If commissioners move toward the use of e-poll books, they could be employed for the fall 2018 election, according to a spokesman for the commission, Reid Magney.

Wisconsin: In gerrymandering case, Wisconsin awaits word from high court on map that entrenched GOP’s legislative power | Milwaukee Journal Sentinel

The U.S. Supreme Court could announce as soon as Monday how it’s handling a landmark legal fight over Wisconsin’s gerrymandered political map, which has helped lock in legislative majorities for the GOP since it took power in 2011. The key legal question: Can a set of political districts be so stacked toward one party that it violates the Constitution? Until the court speaks, that is unsettled law. But while the law is uncertain, the politics are quite clear. Legislative boundaries like Wisconsin’s present a stark civics question: How meaningful are elections when control of the legislature in a competitive state is largely predetermined by the way the districts are drawn?

Wisconsin: State mails postcards to inactive voters | The Dunn County News

The State of Wisconsin began mailing “Notice of Suspension” postcards last week to approximately 380,000 registered voters who have not voted in the past four years. “This is an official postcard — not a scam,” said Michael Haas, Wisconsin’s chief elections official. “State law requires inactive voters to be removed from the statewide voter list, which is just one of many steps we take to ensure the integrity of voting in Wisconsin.” The Wisconsin Elections Commission is sending the postcards to voters who have not voted since the November 2012 presidential election. The postcard asks recipients whether they want to remain active on the state’s voter list. To remain active, voters have one month to mail a return postcard to their municipal clerk. Voters who do not respond will be marked as inactive on the list. Voters will also be inactivated if the postcard is undeliverable by the Post Office.

Wisconsin: Supreme Court could tackle partisan gerrymandering in watershed case | The Washington Post

With newly elected Scott Walker in the governor’s office and a firm grip on the legislature, Wisconsin Republicans in 2011 had a unique opportunity to redraw the state’s electoral maps and fortify their party’s future. Aides were dispatched to a private law firm to keep their work out of public view. They employed the most precise technology available to dissect new U.S. Census data and convert it into reliably Republican districts even if the party’s fortunes soured. Democrats were kept in the dark, and even GOP incumbents had to sign confidentiality agreements before their revamped districts were revealed to them. Only a handful of people saw the entire map until it was unveiled and quickly approved. In the following year’s elections, when Republicans got just 48.6 percent of the statewide vote, they still captured a 60-to-39 seat advantage in the State Assembly. Now, the Supreme Court is being asked to uphold a lower court’s finding that the Wisconsin redistricting effort was more than just extraordinary — it was unconstitutional.

Wisconsin: Attorney General Brad Schimel asks U.S. Supreme Court to block order on voting maps | Milwaukee Journal-Sentinel

Wisconsin's attorney general on Monday asked the nation's high court to block a ruling that would force lawmakers to draw new legislative maps by November. A panel of three federal judges ruled 2-1 last fall that lawmakers had drawn maps for the state Assembly that were so heavily skewed for Republicans as to violate the voting rights of Democrats. The judges ordered the state to develop new maps by November. GOP Attorney General Brad Schimel appealed to the U.S. Supreme Court in February and the state is waiting to hear if the justices will hold arguments in the case.

Wisconsin: Supreme Court forced to confront the ‘unsavory’ politics of district lines | USA Today

A Supreme Court that prides itself on trying to remain above politics will be forced to rule soon on what one justice calls the "always unsavory" process of drawing election districts for partisan gain. A case headed its way from Wisconsin, along with others from Maryland and North Carolina, will present the court with a fundamental question about political power: How far can lawmakers go in choosing their voters, rather than the other way around? Should the court set a standard — something it has declined to do for decades — it could jeopardize about one-third of the maps drawn for Congress and state legislatures. That could lead to new district lines before or after the 2020 Census, which in turn could affect election results and legislative agendas. “If the court makes a broad, sweeping decision … this could have a massive impact on how maps are drawn,” says Jason Torchinsky, a lawyer for the Republican National Committee. “It will make more districts more competitive."

Wisconsin: 5 Elections staff approved despite Walker recommendation | Associated Press

The Legislature's budget committee on Tuesday approved state funding for five of six Elections Commission staff positions that have been supported by federal grant that's set to run out, dismissing Gov. Scott Walker's recommendation to cut all six of them. The governor argued that the commission can handle its workload without the positions that had been supported by the federal Help America Vote Act passed in 2002. But state and local elections officials disagreed, arguing that the jobs were critically important to ensuring that Wisconsin's elections are properly run.

Wisconsin: Did a Voter ID Law Really Cost Clinton a Victory in Wisconsin? | Slate

Six months after Election Day, pollsters, Democrats, and much of the press are still trying to figure out what went wrong. How did Donald Trump outperform the polls in enough swing states to swipe an electoral victory Hillary Clinton appeared to have safely in hand? On Tuesday, the Nation offered the latest theory in a never-ending string of them, this one focused on what was by some metrics the single biggest surprise of the election: Trump’s victory in Wisconsin, where he trailed in polls by an average of 6.5 points ahead of Nov. 8, 2016. According to new research conducted by data science firm Civis Analytics for liberal super PAC Priorities USA, strict voter-ID laws significantly depressed the turnout of black and Democratic-leaning voters in a number of states, chief among them the Badger State. “Wisconsin’s voter-ID law reduced turnout by 200,000 votes, according to the new analysis,” wrote the Nation’s Ari Berman. “Donald Trump won the state by only 22,748 votes.” The unstated but implicit conclusion here is that Hillary Clinton would have claimed Wisconsin’s 10 electoral votes if it weren’t for a state law requiring residents to present a driver's license or another form of government-issued ID to cast a non-provisional ballot.

Wisconsin: Bill to Limit Election Recount in Wisconsin Advances | Associated Press

A bill that would have prevented Wisconsin’s presidential election recount is gaining momentum in the state Legislature. The Assembly Committee on Campaigns and Elections voted 6-3 to send to the full Assembly a Republican proposal that would limit who can request recounts in state and local elections. Under the bill, only candidates who trail the winner by 1 percentage point or less in statewide elections could petition for a recount. The bill would also tighten the deadline to request one.

Wisconsin: Voter ID law proved insurmountable for many in Wisconsin | Associated Press

State Sen. Mary Lazich was adamant: The bill Republicans were about to push through the Wisconsin state Senate, requiring that voters present identification at the polls, would do no harm. "Not a single voter in this state will be disenfranchised by the ID law," Lazich promised. Five years later, in the first presidential election held under the new law, Gladys Harris proved her wrong. By one estimate, 300,000 eligible voters in the state lacked valid photo IDs heading into the election; it is unknown how many people did not vote because they didn't have proper identification. But it is not hard to find the Navy veteran whose out-of-state driver's license did not suffice, or the dying woman whose license had expired, or the recent graduate whose student ID was deficient — or Harris, who at 66 made her way to her polling place despite chronic lung disease and a torn ligament in her knee.

Wisconsin: Democratic Plaintiffs Urge Supreme Court To Uphold Gerrymandering Ruling | Wisconsin Public Radio

A group of Democratic plaintiffs is asking the U.S. Supreme Court to uphold a ruling that struck down Wisconsin’s Republican-drawn legislative map as an unconstitutional partisan gerrymander. In a brief to the court, plaintiffs wrote that Wisconsin remains sharply divided politically, with a Democratic president winning the state in 2012 and a Republican winning in 2016. Similarly, they wrote, Wisconsin is represented in the U.S. Senate by one Democrat and one Republican. But the state Legislature is a different story, where Republicans won 60 out of 99 Assembly seats in 2012 despite losing the popular vote and grew their majority to 64 seats in 2016, even as the statewide vote remained nearly tied. "Republicans thus wield legislative power unearned by their actual appeal to Wisconsin’s voters," the plaintiffs told the court.

Wisconsin: Attorney General Brad Schimel contradicts self, says voter fraud probe is open | Milwaukee Journal Sentinel

Under fire from conservatives, Wisconsin Attorney General Brad Schimel said this week an investigation into voter fraud remained open, contradicting comments he made hours earlier that the probe had been closed. Schimel suggested his investigators may yet review more than 100 hours of undercover video shot by Project Veritas Action, a group run by conservative activist James O’Keefe. “It’s not the end of it,” the Republican attorney general said Thursday on “The Mark Belling Show” on WISN-AM (1130). Schimel’s office released a memo this week from an investigator saying he found no violations of Wisconsin laws. Just hours before he claimed the investigation had not been shut down, Schimel told the Wisconsin Radio Network the memo had been released because the investigation was closed.

Wisconsin: DOJ: Project Veritas tape did not show election law violations | Milwaukee Journal-Serntinel

Covert videos of Democratic activists released in the run-up to last year’s presidential election showed no violations of Wisconsin laws, a review by the attorney general’s office found. The blunt conclusion is at odds with how Republican Attorney General Brad Schimel initially reacted to the videos by conservative provocateur James O’Keefe, who has a track record of mischaracterizing his recordings and was found guilty of a misdemeanor in 2010 over one of his operations. Schimel’s office released a statement in October calling the actions by Democrats on the undercover videos “apparent violations of the law” and saying Schimel was “very concerned” about them.

Wisconsin: GOP Legislature Calls Redistricting Ruling Dangerous | Associated Press

Attorneys for the Republican-controlled Wisconsin Legislature asked the U.S. Supreme Court on Monday to uphold GOP-drawn legislative boundaries, saying a ruling that found them to be unconstitutional was "dangerously" wrong. The filing comes in support of separate and similar arguments made by Republican Attorney General Brad Schimel in his appeal of a three-judge panel's ruling last year striking down the maps. The judges ordered new maps to be drawn by November, saying the current ones amounted to unconstitutional partisan gerrymandering favoring Republicans. It was the first ruling of its kind after decades of legal battles over redistricting.

Wisconsin: Late absentee ballots more than doubled after deadline moved up | Wisconsin State Journal

The number of late absentee ballots that weren’t counted in last fall’s presidential election more than doubled from 2012 after lawmakers moved up their return deadline by three days, according to the Wisconsin Elections Commission. The increase — from 498 in the 2012 presidential election to 1,208 last fall — isn’t surprising given the change in law, and the number of ballots that weren’t counted is still “extremely small” given the more than 813,000 absentee ballots and nearly 3 million total ballots cast, WEC spokesman Reid Magney said. The State Journal reported on the little-known change in law in October. As recently as the August primary the law allowed absentee ballots to be counted if they were postmarked by Election Day and received by the next Friday.

Wisconsin: Bill would have prevented Jill Stein’s Wisconsin recount | Associated Press

A proposal to limit election recounts that's up for a hearing Wednesday would have prevented Jill Stein's Wisconsin recount and increased public trust in the election system, one Republican lawmaker said. "We need to make sure people aren't using elections as a political tool," the bill's author, Sen. Devin LeMahieu, said at a Senate Committee on Elections and Utilities hearing. The bill from LeMahieu and GOP Rep. Ron Tusler would only allow candidates in statewide elections who trail the leading candidate by 1 percent or less of the total number of votes to petition for a recount. Had the bill been in place in November, Democratic presidential candidate Hillary Clinton, who lost to Republican Donald Trump by a margin of less than 1 percent in Wisconsin, would have been able to petition for a recount. But not Stein. She came in fourth but raised more than $3.5 million to fund Wisconsin's recount. The state's election commission later refunded Stein $1.5 million after costs were less than estimated.

Wisconsin: Attorney General appeals redistricting case | Wisconsin Public Radio

Wisconsin Attorney General Brad Schimel has filed an appeal with the U.S. Supreme Court challenging a ruling that overturned the state's Republican-drawn legislative districts. In a first-of-its kind decision last year, a panel of federal judges ruled Wisconsin's legislative map was a partisan gerrymander that was "intended to burden the rights of Democratic voters" by making it harder for them to translate votes into legislative seats. In a separate order issued earlier this year, the court told lawmakers to redraw the map by Nov. 1 so it would be ready for the 2018 general election.

Wisconsin: Elections Commission warns of significant staff cuts | Milwaukee Journal Sentinel

With federal funds about to run out, the Wisconsin Elections Commission asked lawmakers Tuesday to stave off what would be a 28% staffing cut in just over two years. A federal grant is running out for the agency, which relies on that stream of money to fund 22 of its 32 positions. GOP Gov. Scott Walker has set aside $2.5 million in new state tax dollars in his two-year budget to retain 16 of those positions. But six positions would still disappear, amounting to a 28% staffing cut in an agency that has already seen job losses since 2015. "We are concerned that such a significant staffing reduction will mean that the agency will not be able to adequately carry out the duties and responsibilities assigned to it under federal and state laws," said Jodi Jensen, a Republican who sits on the commission.

Wisconsin: Election officials setting stage to remove hundreds of thousands of names from the voting rolls | Milwaukee Journal Sentinel

Wisconsin election officials are setting the stage to remove hundreds of thousands of people from the voting rolls because they have died, moved or not voted in the past four years. The voters will be notified and will have a chance to keep themselves registered to vote. Wisconsin Elections Commission approved the plan Tuesday to send postcards to up to nearly 800,000 voters by June to tell them they will be removed from the voter rolls if they don't update their information. Also Tuesday, the commission certified to the Legislature that it has put in place a new system allowing people to use an online portal to register to vote, provided they have a valid Wisconsin driver's license or state ID card. The system is for registering only and voters still have to cast ballots at the polls, in clerks' offices or by mail.