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In this update:

• Election Recap
• Legislative Updates
• Court Updates
• Committee Schedule
• Upcoming Events

Election Recap

On Tuesday, Wisconsin voters elected a new State Supreme Court justice, re-elected the State Superintendent of the Department of Public Instruction, and amended the state constitution to require photo identification for voting.

Voter turnout for the election was over 2.3 million people, topping the 2023 spring election when 1.8 million people voted. Tuesday’s voter turnout is a record for a spring election, with more than 50% of the state’s voting age population casting a ballot.

Below are the most recent counts for the winners of key races:

State Supreme Court Race (>95% Reporting):

• Susan Crawford: 55%
• Brad Schimel: 45%

State Superintendent (>95% Reporting):

• Jill Underly (inc.): 52.9%
• Brittany Kinser: 47.1%

Referendum (>95% Reporting):

• Yes: 62.8%
• No: 37.3%

Where We Go From Here

This week’s Supreme Court Election was the first of six elections in six years for the Court. With Judge Crawford’s victory, liberals will retain their 4-3 majority on the State Supreme Court until at least 2028, since the seats of conservative Justices Rebecca Bradley and Annette Ziegler are up for re-election in 2026 and 2027 respectively. For conservatives to have any hope of taking the majority back in 2028, they would need to win three Supreme Court races in a row, after losing four of the last five Supreme Court races. And all of those losses came by roughly 10-point margins.

Legislative Updates

JFC holds agency briefing hearing

The Joint Finance Committee (JFC) held its first agency budget briefing with the University of Wisconsin System and the Wisconsin Department of Corrections. Assembly Co-Chair Mark Born (R) asked UW System President Jay Rothman about the “administrative bloat” in Governor Tony Evers’ (D) proposed state budget. President Rothman said campuses might have to raise tuition if there is an inadequate amount of state support in 2025-27. Co-Chair Born questioned Gov. Evers’ budget adding 13 positions to assist students who have aged out of the foster care system, saying it is “a shining example of the governor’s desire to grow government and your desire to grow the system.” President Rothman said he supports it, but “I’m not here to grow an empire. That’s not my goal. My goal is to help graduate enough students that we can support the jobs that our great employers in Wisconsin are turning out.”

Department of Corrections Secretary Jared Hoy responded to questions on expanding early release and changing the maximum-security prison in Waupun to a medium security facility. Senate Co-chair Howard Marklein (R) asked for an update on the federal probe into allegations that Waupun employees had been smuggling drugs and cell phones into the prison. Secretary Hoy said there are fewer vacant positions and new leadership has resulted in younger, newer employees working. Sec. Hoy said, “We have to make sure they’re given the training and tools and are able to shadow seasoned staff to make sure they’re doing the right things.”

Read our memo here: 04.03.25 JFC Agency Briefings Memo.pdf

Watch the hearing here.

JFC holds public hearing in Kaukauna

The Joint Finance Committee held its first public hearing in Kaukauna on Wednesday to hear budget priorities from Wisconsinites. State Superintendent Dr. Jill Underly testified at the hearing to urge more public education funding. She said, “Now is the time to fix what is broken in our funding mechanisms and refuse to kick the can down the road. Because we know what happens if we don’t take action– our kids, our learners, and our state will suffer.” In her testimony, Dr. Underly listed per-pupil revenue limit increases, a special education reimbursement rate increase, and universal school meals among other initiatives that she supports in Governor Tony Evers’ proposed budget.

Green Bay Superintendent Vicki Bayer testified at the hearing, saying her district has been fiscally responsible but has been punished for it with low revenue limits. “We can’t cut anymore without negatively impacting our students, and one of the primary reasons is because every year we have to take $35 million from our regular funds and shift it over to support special education funding,” Ms. Bayer said.

This meeting was the first public hearing of four. JFC is currently holding the next meeting in West Allis. The other two meetings will be held in Hayward and Wausau later this month.

Watch the Kaukauna public hearing here.

Watch the West Allis public hearing live on WisconsinEye.

Court Updates

Josh Kaul v. Wisconsin State Legislature oral arguments

The State Supreme Court heard oral arguments this week on the cases Josh Kaul v. Wisconsin State Legislature and Wisconsin State Legislature v. Josh Kaul. The state Department of Justice (DOJ) is challenging the powers the Legislature gave itself in a 2018 lame duck session. The case has been before the state Supreme Court before, but in 2020, the court rejected Attorney General Josh Kaul’s challenge. He filed the second suit to argue the law impedes DOJ from reaching settlements. GOP lawmakers have sued AG Kaul, arguing he’s been unlawfully depositing settlement funds into an account he controls rather than Wisconsin’s general fund. The 2nd District Court of Appeals ruled 2-1 in the Legislature’s favor in December.

An attorney for the Republican lawmakers said the Legislature should have a seat at the table in lawsuits that could bring settlement money into Wisconsin’s coffers because the Legislature is constitutionally guaranteed the power of the purse. A DOJ attorney responded it would leave a legislative “sword” over the agency’s head and would leave no guardrails on how the Legislature can meddle in settlements DOJ is trying to reach. Assistant Attorney General Hannah Jurss argued the Legislature’s role should only be directing the monies once there is a settlement if they pass the statute or when there is a shared interest with the executive branch. Justice Rebecca Bradley countered Ms. Jurss, saying the Legislature has the ability in the Wisconsin Constitution to prescribe the Attorney General’s responsibilities. “What I find frightening is that one person gets to make all the policy decisions under your argument about what is going to be done with what is the taxpayers’ money,” Justice Bradley said. “It’s not the Attorney General’s money, but he could allocate that money to private interests with which he is aligned. That can’t be, can it, counselor?”

Wisconsin State Legislature v. Wisconsin Department of Public Instruction oral arguments

The State Supreme Court also heard oral arguments on Thursday in the Wisconsin State Legislature v. Wisconsin Department of Public Instruction case. The court will determine whether or not Governor Tony Evers’ partial veto of the literacy bill is constitutional and should be upheld. An attorney for Republican lawmakers said it “makes no sense” to allow the governor to use his veto authority on a bill that did not spend any money. Assistant Attorney General Charlotte Gibson countered the governor was within the authority vested in him by the state Constitution, which allows the governor to strike provisions of legislation with an appropriation. “We’re saying either side counts,” Ms. Gibson said. “It’s the set aside or the spending authority. You need both.”

Liberal and conservative justices questioned whether Gov. Evers’ veto was appropriate. Justice Rebecca Dallet said the court previously had prevented a Governor’s partial veto from being used on bills without an appropriation. Ryan Walsh, representing GOP lawmakers, agreed, arguing the court’s past ruling established a precedent only bills that spend money are subject to the partial veto. He said the Legislature used it as a guiding principle when writing legislation and argued the legislature and executive should be able to operate with the judiciary. He said, “You can’t have an appropriation bill that makes no appropriation. It just doesn’t make sense.”

Dane County Judge Stephen Ehlke ruled to uphold Gov. Evers’ veto because the literacy bills had to be considered together as a whole. He also refused the request from the Department of Public Instruction to require the Legislature to release the $50 million allocated in the package. The decision caused appeals from both lawmakers and Gov. Evers and DPI.

Committee Schedule

The following meetings have been noticed as of 1:00 pm Friday. Committee and Agency meeting notices are frequently updated and can be found here (for the Legislature) and here (for the Administration).

Monday, April 7

• No meetings currently scheduled

Tuesday, April 8

• Assembly Committee on Campaigns and Elections

Public Hearing at 9:30am

• Assembly Committee on Consumer Protection

Informational Hearing at 10:00am

• Assembly Committee on Agriculture

Public Hearing at 1:00pm

Wednesday, April 9

• Assembly Committee on Local Government

Executive Session 10:00am

• Assembly Committee on Regulatory Licensing Reform

Public Hearing at 10:00am

• Assembly Committee on State Affairs

Executive Hearing at 10:30am

Public Hearing at 10:31am

• Assembly Committee on Criminal Justice and Public Safety

Public Hearing at 12:00pm

Thursday, April 10

• No meetings currently scheduled

Friday, April 11

• No meetings currently scheduled

Upcoming Events

April 11th at 8:30am - Capitol Chats with Representative Rob Brooks (virtual)

April 18th at 8:30am - Capitol Chats with Representative Deb Andraca (virtual)

Please reach out to Lauren Lubenow (lauren.lubenow@michaelbest.com) to RSVP or for more information on these events.

ABOUT US

If you would like any additional information about the above topic, or if you would like to find time to discuss the above matter in more detail, please do not hesitate to contact your Michael Best Strategies contact.

Have a great day, 

Wisconsin GR Team

Government Relations Team

Our Team |  michaelbeststrategies.com

One South Pickney Street, Suite 700

Madison, WI 53703

Phone: 608-257-3501

Fax: 608-283-2275