On August 13, 2021, a group of Wisconsin voters filed a federal lawsuit against the members of the Wisconsin Elections Commission, challenging the state's congressional and legislative plans as unconstitutional. The plaintiffs allege that based on the 2020 Census data, the state's current districts are now malapportioned in violation of the one person, one vote constitutional requirement under Article I, Section 2 (congressional districts) and the 14th Amendment's Equal Protection Clause (legislative districts). They also allege that the state legislature is unlikely to enact properly apportioned redistricting plans in time for the 2022 elections and the failure to do so will result in burdens upon the plaintiffs' freedom of association in violation of the 1st Amendment. The plaintiffs are seeking a judicial declaration that the current redistricting plans are unconstitutional, an injunction barring the defendants from conducting any elections using the current districts, a court ordered schedule for enacting the new plans, and in the event the political branches fails to do so, for the court to enact properly apportioned redistricting plans on its own.

On August 27, 2021, the district court granted the Wisconsin Legislature's motion to intervene in the case as defendants. On September 16, 2021, the court consolidated this action with a similar case challenging Wisconsin’s electoral districts, Black Leaders Organizing for Communities v. Spindell. 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, and on December 17, 2021, the court issued another order further extending the stay until January 28, 2022.


U.S. District Court for the Western District of Wisconsin - No. 3:21-cv-00512