On August 23, 2021, a coalition of community and voting rights organizations and Wisconsin voters filed a federal lawsuit against the members of the Wisconsin Elections Commission challenging the state's current legislative districts as unconstitutional under the Equal Protection Clause of the 14th Amendment of the U.S. Constitution. Specifically, plaintiffs allege that the results of the 2020 Census show that population shifts over the last decade have now rendered Wisconsin's legislative districts malapportioned in violation of the one person, one vote constitutional requirement and that their 1st Amendment rights to communicate and contribute to candidates for the legislature are hindered without a valid redistricting plan in place. The plaintiffs are requesting a judicial declaration that the state's current legislative districts are unconstitutional, an injunction barring the plan from being utilized in future elections, and a court-established schedule that will enable the court to adopt and implement a new, valid redistricting plan in the event the Wisconsin Legislature and Governor are unable to do so in a timely manner.

On September 16, 2021, the court consolidated this action with a similar case challenging Wisconsin’s electoral districts, Hunter v. Bostelmann. On October 6, 2021, the case was stayed in light of the redistricting challenge petition accepted by the Wisconsin Supreme Court, Johnson v. Wisconsin Elections Commission. On November 18, 2021, the court issued an order extending the stay of this case until January 4, 2022. On December 17, 2021, the court further extended the stay until January 28, 2022.


U.S. District Court for the Western District of Wisconsin - No. 3:21-cv-534