Congressional & Legislative
Primary Authority: Congressional and legislative plans are enacted by the Wisconsin State Assembly, subject to the Governor’s veto. The State Assembly can override a veto with a 2/3 vote in each chamber. No party currently has a veto-proof majority in either chamber.
If a bill is presented to the governor during session, the governor has 6 days to sign or veto it; otherwise, it becomes law without signature. If the bill is presented to the Governor after the session has adjourned, the Governor must sign or veto it within 6 days; otherwise, it is pocket vetoed. Sundays are excluded from these calculations.
Mapping Timeline: Not specified for congressional plans. Legislative plans must be enacted by the end of the first legislative session following the decennial census. [Wis. Const. art. IV, § 3]
Redistricting Criteria:
Map Challenges: Not specified.
Ballot Measure & Referendum Processes
Types of Measures: Only the Wisconsin State Assembly can refer amendments to the ballot. There is no initiative or referendum process. [Wis. Const. art. XII]
Previous Redistricting Cycles
2020
- Congressional
- Vetoed Plan – SB 622
- Passed = November 12, 2021 (Split control)
- Vetoed = November 18, 2021
- Litigation History
- Johnson v. Wisconsin Elections Commission, No. 2021AP001450 (Wis. Apr. 15, 2022): On August 23, 2021, a Wisconsin non-profit and a group of Wisconsin voters filed a petition with the Wisconsin Supreme Court challenging the state's 2010-cycle congressional and legislative plans as violating the one person, one vote constitutional requirement and requesting the court to adopt new, properly apportioned plans in the event the state’s political branches failed to do so in a timely manner. On November 30, 2021, the court issued an opinion declaring the prior decade’s maps unconstitutional, recognizing an impasse between Wisconsin’s Governor and Legislature, and adopting a least changes approach for remedial plans. On March 3, 2022, the court issued an opinion and order adopting the congressional and legislative plans proposed by the Governor as final and directing the state to implement them for use in future elections. Wisconsin’s Legislature petitioned the U.S. Supreme Court for a writ of certiorari in regard to the court’s adopted legislative plans, as did the Republican congressmen from Wisconsin for the adopted congressional plan, both alleging constitutional infirmities in the respective plans. On March 23, 2022, the U.S. Supreme Court issued an order denying the request for a stay on the adopted congressional plan but reversing and remanding as to the legislative plans on the grounds the Wisconsin Supreme Court misapplied the Court’s precedents as to the guarantees of the Equal Protection Clause and the Voting Rights Act. Grothman v. Wisconsin Elections Commission, No. 21A490 (Mar. 23, 2022). On April 15, 2022, on remand, the Wisconsin Supreme Court issued an opinion and order adopting the Wisconsin Legislature’s proposed legislative plans after finding they were the only maps before it which complied with the U.S. and Wisconsin Constitutions, the Voting Rights Act, and the court’s least changes approach.
- Hunter v. Bostelmann, No. 3:21-cv-00512 (W.D. Wis. May 5, 2022): On August 13, 2021, a group of Wisconsin voters filed a federal lawsuit challenging the state's 2010-cycle congressional and legislative plans as violating the one person, one vote constitutional requirements under Article I, § 2 and the 14th Amendment’s Equal Protection Clause. They also requested the court adopt properly apportioned redistricting plans in the event the state’s Governor and Legislature failed to do so in a timely manner. The case was stayed on October 6, 2021, out of deference to the Wisconsin Supreme Court’s proceedings in a similar redistricting challenge then before it, Johnson v. Wisconsin Elections Commission. On May 5, 2022, the federal district court dismissed the case in light of the Wisconsin Supreme Court’s decision and resolution in Johnson.
- Legislative
- Original Plans – SB 621
- Passed = November 12, 2021 (Split control)
- Vetoed = November 18, 2021
- Adopted by Wisconsin Supreme Court = April 15, 2022
- Litigation History
- Johnson v. Wisconsin Elections Commission, No. 2021AP001450 (Wis. Apr. 15, 2022): On August 23, 2021, a Wisconsin non-profit and a group of Wisconsin voters filed a petition with the Wisconsin Supreme Court challenging the state's 2010-cycle congressional and legislative plans as violating the one person, one vote constitutional requirement and requesting the court to adopt new, properly apportioned plans in the event the state’s political branches failed to do so in a timely manner. On November 30, 2021, the court issued an opinion declaring the prior decade’s maps unconstitutional, recognizing an impasse between Wisconsin’s Governor and Legislature, and adopting a least changes approach for remedial plans. On March 3, 2022, the court issued an opinion and order adopting the congressional and legislative plans proposed by the Governor as final and directing the state to implement them for use in future elections. Wisconsin’s Legislature petitioned the U.S. Supreme Court for a writ of certiorari in regard to the court’s adopted legislative plans, as did the Republican congressmen from Wisconsin for the adopted congressional plan, both alleging constitutional infirmities in the respective plans. On March 23, 2022, the U.S. Supreme Court issued an order denying the request for a stay on the adopted congressional plan but reversing and remanding as to the legislative plans on the grounds the Wisconsin Supreme Court misapplied the Court’s precedents as to the guarantees of the Equal Protection Clause and the Voting Rights Act. Grothman v. Wisconsin Elections Commission, No. 21A490 (Mar. 23, 2022). On April 15, 2022, on remand, the Wisconsin Supreme Court issued an opinion and order adopting the Wisconsin Legislature’s proposed legislative plans after finding they were the only maps before it which complied with the U.S. and Wisconsin Constitutions, the Voting Rights Act, and the court’s least changes approach.
- Hunter v. Bostelmann, No. 3:21-cv-00512 (W.D. Wis. May 5, 2022): On August 13, 2021, a group of Wisconsin voters filed a federal lawsuit challenging the state's 2010-cycle congressional and legislative plans as violating the one person, one vote constitutional requirements under Article I, § 2 and the 14th Amendment’s Equal Protection Clause. They also requested the court adopt properly apportioned redistricting plans in the event the state’s Governor and Legislature failed to do so in a timely manner. The case was stayed on October 6, 2021, out of deference to the Wisconsin Supreme Court’s proceedings in a similar redistricting challenge then before it, Johnson v. Wisconsin Elections Commission. On May 5, 2022, the federal district court dismissed the case in light of the Wisconsin Supreme Court’s decision and resolution in Johnson.
- Black Leaders Organizing for Communities v. Spindell, No. 3:21-cv-534 (W.D. Wis. May 5, 2022): On August 23, 2021, a coalition of community and voting rights organizations and Wisconsin voters filed a federal lawsuit challenging the state's 2010-cycle legislative plans as violating the one person, one vote constitutional requirement under the 14th Amendment’s Equal Protection Clause. They also requested the court adopt properly apportioned redistricting plans in the event the state’s Governor and Legislature failed to do so in a timely manner. The case was stayed on October 6, 2021, out of deference to the Wisconsin Supreme Court’s proceedings in a similar redistricting challenge then before it, Johnson v. Wisconsin Elections Commission. On May 5, 2022, the federal district court dismissed the case in light of the Wisconsin Supreme Court’s decision and resolution in Johnson.
2010
- Congressional
- Original Plan – SB 149
- Passed = July 20, 2011 (R-controlled)
- Signed = August 9, 2011
- Litigation History
- Baldus v. Members of Wis. Gov’t Accountability Bd., 849 F.Supp.2d 840 (E.D. Wis. 2012): Plaintiffs filed a federal lawsuit challenging the Legislature’s enacted congressional plan as violating the 14th Amendment’s Equal Protection Clause on the grounds that districts were not compact and failed to preserve communities of interest, and that the plan was a partisan gerrymander in violation of the 1st Amendment. On March 22, 2012, the district court ruled that the congressional plan did not violate the one person, one vote constitutional principle and rejected the partisan gerrymandering claim due to there being no workable standard to evaluate it.
- Legislative
- Original Plan – SB 148
- Passed = July 20, 2011 (R-controlled)
- Signed = August 9, 2011
- Litigation History
- Baldus v. Members of Wis. Gov’t Accountability Bd., 849 F.Supp.2d 840 (E.D. Wis. 2012): Several different groups of plaintiffs filed federal lawsuits challenging the Legislature’s enacted legislative plans as violating the state and federal constitutions and federal law on a number of grounds, including a failure to preserve municipal boundaries and communities of interest, non-compactness, malapportionment, partisan gerrymandering, racial gerrymandering, and vote dilution under Section 2 of the Voting Rights Act. On March 22, 2012, the district court struck down two of the state House districts as violating Section 2 of the Voting Rights Act and ordered they be redrawn, but rejected all other claims.
- Gill v. Whitford, 138 S.Ct. 1916 (2018): A group of Wisconsin voters filed a federal lawsuit challenging the Legislature’s enacted legislative plan as a partisan gerrymander in violation of the 1st Amendment’s Right of Association and the 14th Amendment’s Equal Protection Clause. The district court had ruled in favor of the plaintiffs and struck down the plan as violating the 1st Amendment and the 14th Amendment’s Equal Protection Clause, but on June 18, 2018, the U.S. Supreme Court vacated and remanded the case for further proceedings to allow the plaintiffs an opportunity to prove the requisite concrete and particularized injuries to establish standing.
- Whitford v. Gill, No. 3:15-cv-421 (W.D. Wis. July 2, 2019): On July 2, 2019, the district court, on remand from the U.S. Supreme Court, dismissed the lawsuit in light of Rucho v. Common Cause’s ruling that partisan gerrymandering claims were nonjusticiable political questions beyond the reach of federal courts.
2000
- Congressional
- Original Plan – AB 711
- Passed = March 14, 2002 (Split-control)
- Signed = March 26, 2002
- Litigation History
- Legislative
- Federal Court’s Plan
- Adopted = May 30, 2002 (Split-control Legislature failed to pass)
- Litigation History
- Jensen v. Wisconsin Elections Bd., 639 N.W.2d 537 (Wis. 2002): After the split-control Legislature failed to pass a legislative redistricting plan, plaintiffs petitioned the state courts to declare the existing districts unconstitutionally malapportioned and to enact new, properly apportioned plans. On February 12, 2002, the Wisconsin Supreme Court rejected the petition, citing the collateral lawsuit in federal court seeking the same relief and stating it would give the Legislature an opportunity to pass a plan through the ordinary lawmaking process.
- Baumgart v. Wendelberger, No. 01-C-0121 (E.D. Wis. May 30, 2002): After the split-control Legislature failed to pass a legislative redistricting plan, plaintiffs petitioned the federal courts to declare the existing districts unconstitutionally malapportioned and to order the adoption of a new, lawful plan. On May 30, 2002, the district court ruled that the existing legislative districts were unconstitutional and adopted its own state House and Senate redistricting plan.
In The News
- Wisconsin taxpayers to pay half the cost of redistricting consultants hired by Supreme Court, AP (6/24/24)
- Wisconsin Supreme Court rejects Democrats’ congressional redistricting challenge, AP (3/1/24)
- Gov. Evers signs new legislative maps, says they give every party a ‘fair shake’, Wisconsin Examiner (2/19/24)
- GOP-led Wisconsin Legislature passes Democratic governor’s legislative maps, AP (2/13/24)
- WILL HIGHLIGHTS INCONSISTENCIES WITH COURT’S POLITICAL CONSULTANTS AND LAYS OUT POTENTIAL DUE PROCESS VIOLATION IN NEW REDISTRICTING FILING, WILL (2/8/24)
- Maps consultants say GOP proposals are gerrymanders, Wisconsin Examiner (2/1/24)
- Wisconsin's Democratic Governor Vetoes Republican Map as Another Redistricting Court Fight Looms, Fox News (1/30/24)
- Wisconsin Supreme Court issues three orders in gerrymandering case, Wisconsin Law Journal (1/25/24)
- Democrats ask Wisconsin Supreme Court to order new congressional maps for fall election, AP (1/17/24)
- GOP power broker Vos threatens to take Wisconsin redistricting case to Supreme Court, Fox News (1/16/24)
- Republican lawmakers ask Wisconsin Supreme Court to reconsider redistricting ruling, Wisconsin Examiner (1/2/24)
- Wisconsin Supreme Court orders new legislative maps in redistricting case brought by Democrats, AP (12/22/23)
- During arguments in Wisconsin redistricting case, liberal justices ask how court could draw new maps, Wisconsin Public Radio (11/21/23)
- Democrats urge Wisconsin Supreme Court to overturn Republican-drawn legislative maps, AP (11/21/23)
- A Wisconsin redistricting case centers on voter 'islands' and could lead to new maps, NPR (11/20/23)
- Why an Iowa-style redistricting bill is facing criticism in Wisconsin, Spectrum News1 (10/23/23)
- Vos says Protasiewicz impeachment still an option as Supreme Court prepares to hear redistricting issues, WisPolitics (10/13/23)
- Protasiewicz rebuffs recusal demands as liberal high court fast-tracks key remap issues, WisPolitics (10/6/23)
- Wisconsin's congressional maps are not at issue in 2023 gerrymandering lawsuits, PBS Wisconsin (10/2/23)
- Lawsuit against legislative maps filed at Wisconsin Supreme Court, Racine County Eye (8/4/23)
- CLC: Wisconsinites sue over gerrymandered voting map, WIS Politics (8/2/23)
- Three Ways the Wisconsin Supreme court Could Shape Your Life, Milwaukee Journal Sentinel (6/14/23)
- Liberal Law Firm to Argue Gerrymandering Violates Wisconsin Constitution, The Cap Times (4/6/23)
- Wisconsin Supreme Court Adopts GOP-Drawn Legislative Maps, AP (4/15/22)
- Wisconsin Supreme Court Rejects Gov. Tony Evers' Bid to Submit Evidence to Support his Maps, La Crosse Tribune (4/2/22)
- Wisconsin Governor Asks for Swift Action on Redistricting, AP (3/24/22)
- Supreme Court Tosses Wisconsin Legislative Voting Maps, AP (3/23/22)
- Wisconsin Republican Congressmen Appeal Redistricting Ruling, AP (3/9/22)
- The Wisconsin Supreme Court Chose Democrats’ Redistricting Map but Conservatives Still Won — Here’s How, The Federalist (3/4/22)
- Wisconsin GOP Asks Court to Stay Redistricting Decision, AP (3/4/22)
- Conservative Justices Question Racial Gerrymandering, Equal Protection in Wisconsin Map Ruling, The Center Square (3/4/22)
- Wisconsin Supreme Court Adopts Governor’s Redistricting Maps, AP (3/4/22)
- Wisconsin Supreme Court Rules GOP Properly Hired Redistricting Attorneys at Taxpayer Expense Before a Lawsuit Existed, Milwaukee Journal Sentinel (1/27/22)
- Wisconsin Supreme Court Won't Let Republicans in Congress Offer a Second Redistricting Plan, Milwaukee Journal Sentinel (1/10/22)
- Gov. Tony Evers Submits New Maps After Supreme Court's 'Least Change' Decision, Wisconsin State Journal (12/16/21)
- Wisconsin Supreme Court Says it Will Make ‘Minimum’ Changes to Redistricting Maps, News 8000 (12/1/21)
- Top Wisconsin Court Affirms GOP’s Preferred Approach to Maps, AP (11/30/21)
- Democrat Evers Vetoes Republican-Drawn Redistricting, AP (11/18/21)
- Wisconsin GOP OKs Redistricting Plans While Dems can’t Agree, AP (11/11/21)
- GOP-Led Wisconsin Senate OKs their Own Redistricting Plan, AP (11/8/21)
- Final Maps by Evers’ Group Narrows Wisconsin GOP Majorities, AP (11/2/21)
- Federal Court Allows Wisconsin Redistricting Case to Proceed, AP (9/16/21)
- Wisconsin Governor Wants to Intervene in Redistricting Case, AP (9/13/21)
- Conservatives File Redistricting Lawsuit in Wisconsin, AP (8/23/21)
- Wisconsin Redistricting Case will be Heard by Panel that Includes Two Judges Nominated by Obama, One by Trump, Milwaukee Journal Sentinel (8/18/21)
- Republicans Approve Attempt to Intervene in Redistricting, AP (8/17/21)
- Republican Lawmakers in Wisconsin Seek to Intervene in Redistricting Case Brought by Democrats, Milwaukee Journal Sentinel (8/16/21)
- Lawsuit Challenges Wisconsin's Political Maps a Day after Release of 2020 Census Data, Wisconsin State Journal (8/14/21)
- GOP Asks Supreme Court to Take Redistricting Case, AP (7/2/21)
- Wisconsin Nonpartisan Redistricting Committee Launches Portal to Gather Public Input, Spooner Advocate (6/17/21)
- Bill to Create Nonpartisan Congressional Maps Reintroduced in Wisconsin Legislature, WMTV (5/17/21)
- Justices Reject Rules Fast-Tracking Redistricting Lawsuits, AP (5/14/21)
- Judge Declines to Put Redistricting Ruling on Hold, AP (5/10/21)
- Judge Rules Against Wisconsin GOP in Redistricting Case, AP (3/29/21)
- Lawsuit Challenges GOP Hiring of Redistricting Attorneys, AP (3/10/21)
- State GOP Introduces Controversial Election Reform Bill, The Badger Herald (1/26/21)
- Wisconsin Justices Skeptical of GOP Redistricting Proposal, AP (1/14/21)
- Wisconsin Supreme Court Focuses on Redistricting, AP (1/13/21)
- Census Takers Begin Going Door to Door in Wisconsin, WKOW (8/28/20)
- Battle Lines Set for Wisconsin GOP's Super-Majority Push, AP (8/12/20)
- People's Map Commission Applications Due Friday, Madison 365 (7/29/20)
- Nonpartisan Redistricting Panel Takes Shape in WI. Can it work?, WXPR (7/13/20)
- Evers picks retired judges to select redistricting panel, AP (7/9/20)
- Evers Announces Application and Selection Processes for Nonpartisan Redistricting Commission, The Advance-Titan (7/9/20)
- Wisconsin Republicans Look to Flip 6 Seats for Veto-Proof Legislative Majority, Wisconsin State Journal (6/29/20)
- Conservative Group Asks Wisconsin Supreme Court to Hear Next Redistricting Lawsuit, Wisconsin Public Radio (6/3/20)
- Legal Fight Over Wisconsin Redistricting Begins, AP (6/3/20)
- Voters Approve Non-Partisan Redistricting, Beloit Daily News (4/13/20)
- Wisconsin Governor Sets Up Unique Redistricting Panel, The Hill (2/14/20)
- Wisconsin Republicans Dismiss Nonpartisan Redistricting Plan, AP (1/23/20)
- Wisconsin Governor Rolls Out Proposal for Redistricting Committee, The Hill (1/23/20)