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Congressional Map Challenge
On Tuesday, November 25th, the Wisconsin Supreme Court ordered a pair of three-judge panels to hear arguments regarding the two lawsuits which attempt to challenge Wisconsinâs Congressional maps. Two years ago, the Wisconsin Legislative Districts changed after a Wisconsin Supreme Court ruling found they were unconstitutional. The Congressional maps were not changed at that time, and since that ruling additional lawsuits have come forward to challenge the Congressional districts.
The Wisconsin Supreme Court has declined to hear cases on Original Action requests, but this week the Court ruled the challenges must follow 2011 Wisconsin Act 39 which âprovides that, in an action to challenge the apportionment of a congressional or state legislative district, the Wisconsin Supreme Court must appoint a panel consisting of three circuit court judges to hear the matter. The Supreme Court must choose one judge from each of three circuits and must assign one of the circuits as the venue for all hearings and filings in the matter."
The circuit court judges who are assigned to the matter may not be substituted. If an order or decision issued by a panel is appealed, the matter may be heard by the Supreme Court and may not be heard by a court of appeals for any district. The Court ordered the three-judge panels, then appointed three judges for the first case:
- The Hon. Julie Genovese, Dane County Circuit Court
- The Hon. Mark Sanders, Milwaukee County Circuit Court
- The Hon. Emily Lonergan, Outagamie County Circuit Court
The Court ordered the venue for all hearings and filings to be the Circuit Court for Dane County.
Supreme Court Orders
The Court also ordered the three-judge panel, then appointed three judges for the second case:
- The Hon. David Conway, Dane County Circuit Court
- The Hon. Patricia Baker, Portage County Circuit Court
- The Hon. Michael Moran, Marathon County Circuit Court
The Court ordered the venue for all hearings and filings to be the Circuit Court for Dane County.
Supreme Court Orders
Recent Legislation Introduced
The following bills have recently been introduced and referred to a standing committee.
AB-688 Municipal Aid Rep. Ann Roe (D-Janesville) Providing certain municipalities with additional supplemental county and municipal aid and establishing a Shared Revenue Advisory Council. Referred to Assembly Committee on Local Government
According to the cosponsorship memo:
The first provision of this bill allocates $16,257,500 in supplemental aid to cities, villages, and towns with populations over 50,000 (as of 2022). Funds would be distributed proportionally among eligible municipalities. The aid would come from the existing surplus in the Local Government Fundâcurrently projected by the Legislative Fiscal Bureau to hold $77,373,800 at the end of 2026. This measure will not affect eligibility for the Expenditure Restraint Program.
To address the long-term challenges of Wisconsinâs outdated funding formula, the second provision of this bill creates a Shared Revenue Advisory Council with the goal of recommending a fair and effective approach to future distributions. The Council convenes after each U.S. Census and includes two State Representatives, two State Senators, a representative of the Wisconsin Towns Associations, a representative of the League of Wisconsin Municipalities, a representative of the Wisconsin Counties Association, and the Secretary of Revenue.
According to the Legislative Reference Bureau:
This bill provides cities, villages, and towns with a population in 2022 greater than 50,000 with additional supplemental county and municipal aid payments and establishes a decennial Shared Revenue Advisory Council, as described in further detail below.
Under the bill, beginning in 2026, cities, villages, and towns with a population in 2022 greater than 50,000 will receive an additional supplemental county and municipal aid payment. The additional payment distributes $16,257,500 divided proportionally among those cities, villages, and towns. In subsequent years, the additional payments will increase by the percentage change in the amount of sales and use tax revenue for the previous fiscal year from the immediately preceding fiscal year. Under current law, counties and cities, villages, and towns receive county and municipal aid payments and supplemental county and municipal aid payments.
The bill also establishes a temporary Shared Revenue Advisory Council in the Department of Revenue. The council is formed after each federal decennial census, and consists of the following members: 1) one senator appointed by the senate majority leader; 2) one senator appointed by the senate minority leader; 3) one representative to the assembly appointed by the assembly majority leader; 4) one representative to the assembly appointed by the assembly minority leader; 5) one representative of the League of Wisconsin Municipalities; 6) one representative of the Wisconsin Towns Association; 7) one representative of the Wisconsin Counties Association; and 8) the secretary of revenue, or the secretaryâs designee.
SB-638 / AB-658 Office Compensation Sen. John Jagler (R-Watertown) and Rep. Joel Kitchens (R-Sturgeon Bay) The maximum compensation for compatibility with elective offices in cities, villages, and towns. Referred to Senate Committee on Transportation and Local Government and the Assembly Committee on Local Government
According to the cosponsorship memo:
Communities across the state are experiencing shortages of emergency services workers. Small communities in particular that rely on volunteers for EMS and fire services are really struggling to fill positions. These shortages lead to some smaller communities having individuals who serve in multiple roles, such as an alderperson who may also serve as a volunteer EMS provider who drives an ambulance.
These limits have been updated every 10 years or so with the last change made in 2015. Local municipalities still have control over who they hire and what they compensate but this bill allows them more flexibility to fill these critical roles.
According to the Legislative Reference Bureau:
Generally under current law, the doctrine of compatibility holds that one person cannot hold two offices if one office is superior to another in some respect and the superior office makes decisions about the other office such that the duties exercised under each might conflict to the public detriment.
An exception to this doctrine under current law provides that a volunteer fire fighter, emergency medical services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of has a population of more than 5,000, may also hold an elective office in that city, village, or town.
This bill increases those maximum annual compensation amounts to $35,000 in a city, village, or town with a population of 5,000 or less and $25,000 in a city, village, or town with a population of more than 5,000.
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