Clarke v. Wisconsin Elections Commission

Petition Filed

We filed a response to the respondent’s request that Justice Protasiewicz recuse herself from the Clarke vs. WEC case regarding gerrymandering in Wisconsin.

In the past 12 years, right-wing interests have operated in Wisconsin with no accountability to the voters. Despite the fact that our assembly and senate are meant to be the most direct representatives of the people, the gerrymandered maps have divided our communities preventing fair representation. This has eroded confidence in our electoral systems, suppressed competitive elections, skewed policy outcomes, and undermined democratic representation.

We filed a supplemental brief at the request of Justice Protasiewicz clearly showing Wisconsin law does not require recusal. It would be a violation of her oath of office and would render meaningless Wisconsin voters’ constitutional right to elect the justice of their choice.

One party should not be able to silence certain voices for their own political gain. Wisconsinites deserve a timely resolution to this matter and fair representation.

Late Friday, October 6th, 2023, the Wisconsin Supreme Court took jurisdiction of this. Initial briefs in response to questions posed by the Court are due Monday, October 16th at noon, response briefs are due October 30th at noon, and oral arguments are scheduled for November 21 at 9:45 AM. Dan Lenz, Staff Counsel at Law Forward issued the following statement: 

“Friday’s order represents a win for all of our communities whose voices have been silenced for the last 12 years, for our state, country, and for the future of Wisconsin. For democracy to work for us all it must include us all, and we are very proud to be a part of this important effort to ensure our elected representatives represent us instead of trying to rule over us. We are only here because of the hard work of so many Wisconsinites including our plaintiffs, co-counsel, and team here at Law Forward. What has happened here in Wisconsin is anti-democratic and against our values of fair representation in our government. We look forward to presenting our incredibly strong case in court. We must never be ruled over by the few who aren’t accountable to the people of Wisconsin.”

With our co-counsels, we filed a brief with the Wisconsin Supreme Court to continue efforts to obtain fair state legislative maps in Wisconsin. The brief includes criteria for how the court should draw new fair maps and lays out a fair process to draw nonpartisan legislative maps.

With our co-counsels, we filed a response brief with the Supreme Court of Wisconsin to continue efforts to obtain fair legislative maps in Wisconsin. This is a response to briefs filed on October 16 and after the Wisconsin Supreme Court took jurisdiction of this original action on Friday, October 6th. The arguments in this brief specifically address respondents’ meritless claims and give the Court a legal roadmap showing why they must address the Petitioners’ claims to remedy this constitutional wrong. 

The Wisconsin Supreme Court heard oral arguments in this landmark case challenging the extreme partisan gerrymandering of state legislative maps.

We argued that Wisconsin’s maps are clearly unconstitutional because they are non-contiguous and violate the Separation of Powers Principle. The court needs to do its job and throw these maps out without delay.

The Wisconsin Supreme Court ordered new maps ahead of the 2024 election. Dan Lenz, Staff Counsel, provided this statement: “Today’s decision from the Wisconsin Supreme Court is a victory for a representative democracy in the state of Wisconsin. For too long, rightwing interests have rigged the rules without any consequences. Gerrymandered maps have distorted the political landscape, stifling the voice of the voters. It challenges the very essence of fair representation and erodes confidence in our political system. Our team will be working to draw constitutional, fair, representative maps and will provide more information in the coming weeks.”

We filed a brief in response to the respondents request for reconsideration.

The former legislative maps are unconstitutional and none of the arguments put forth by the respondents demonstrate otherwise. This is just a feeble attempt to delay this litigation. Wisconsinites deserve to have fair maps and representation and we look forward to presenting our constitutional maps to the court on January 12. 

On behalf of the Rebecca Clarke plaintiffs, Law Forward, Stafford Rosenbaum, the Election Law Clinic at Harvard Law School, Campaign Legal Center, and Arnold & Porter filed proposed constitutional legislative maps, a brief, and two expert reports with the Wisconsin Supreme Court after the Court sided with the Wisconsin voters in its December 22 ruling which held the former legislative maps unconstitutional. This is the next step forward toward achieving fair maps and representative democracy in Wisconsin.  

On behalf of the Rebecca Clarke petitioners, Law Forward and co-counsels filed a response brief and appendix to 6 proposed maps. The Clarke maps stand in stark contrast to the legislature and Johnson maps and are politically neutral.

The two consultants the Wisconsin Supreme Court appointed to review the maps in this case, Prof. Jonathan Cervas and Prof. Bernard Grofman, released their report. Our team will be further analyzing the report and will weigh in thoroughly on Feb. 8. Dan Lenz, Staff Counsel said:

We filed the Petitioners’ response to the independent, nonpartisan consultant’s report in the fair maps litigation Clarke v. WEC. This is the next step forward toward achieving fair maps and representative democracy in Wisconsin. The maps submitted on behalf of our clients- the Clarke maps- outperform the others on the majority of the constitutionally mandated criteria. 

As noted in our press release, in choosing among four good maps that are similar on other criteria, the best course of action for this Court is to select those maps that achieve the best performance overall on the constitutionally mandated criteria and split the fewest municipalities—the Clarke maps. The Clarke maps outperform nearly every court ordered or legislatively drawn map in Wisconsin from the past 30 years on these neutral metrics. And the political neutrality of the Clarke map would ensure that this Court maintains its judicial neutrality in remedying the violation in the enjoined maps.

Gov. Evers signed the first non-gerrymandered maps in over a decade, ensuring that Wisconsinites will vote in constitutional state legislative districts in time for the 2024 election.