New lawsuit seeks to redraw Wisconsin's congressional maps before 2026 midterms
The latest lawsuit brought by a bipartisan coalition of business leaders was filed in Dane County circuit court, rather than directly with the state Supreme Court as the rejected cases were. The justices did not give any reason for declining to hear those cases, but typically lawsuits start in a lower court and work their way up.
This new lawsuit's more lengthy journey through the courts might not be resolved in time to order new maps before the 2026 midterms.
The Wisconsin Business Leaders for Democracy argue in the new lawsuit that Wisconsin's congressional maps are unconstitutional because they are an anti-competitive gerrymander. The lawsuit notes that the median margin of victory for candidates in the eight districts since the maps were enacted is close to 30 percentage points.
'Anti‐competitive gerrymanders are every bit as antithetical to democracy, and to law, as partisan gerrymanders and racial gerrymanders,' the lawsuit argues. 'This is because electoral competition is as vital to democracy as partisan fairness.'
The lawsuit alleges that an anti-competitive gerrymander violates the state constitution's guarantees of equal protection to all citizens, the promise to maintain a free government and the right to vote.
The lawsuit was filed against the state's bipartisan elections commission, which administers elections. Commission spokesperson Emilee Miklas declined to comment.
The Wisconsin Business Leaders for Democracy had attempted to intervene in one of the redistricting cases brought by Democrats with the state Supreme Court, but the justices dismissed the case without considering their arguments.
Members of the business coalition include Tom Florsheim, chairman and CEO of Milwaukee-based Weyco Group, and Cory Nettles, the founder of a private equity fund and a former state commerce secretary.
Republicans hold six of the state's eight U.S. House seats, but only two of those districts are considered competitive. In 2010, the year before Republicans redrew the congressional maps, Democrats held five seats compared with three for Republicans.
The current congressional maps, which were based on the previous ones, were approved by the state Supreme Court when it was controlled by conservative judges. The U.S. Supreme Court in March 2022 declined to block them from taking effect.
Democrats had wanted the justices to revisit congressional lines as well after the court ordered state legislative boundaries redrawn before last year's election. Democrats then narrowed the Republican legislative majorities in November, leading to a bipartisan compromise to pass a state budget last week.
Now Democrats are pushing to have the current maps redrawn in ways that would put two of the six seats currently held by Republicans into play. One they hope to flip is the western Wisconsin seat of Republican Rep. Derrick Van Orden, who won in 2022 after longtime Democratic Rep. Ron Kind retired. Von Orden won reelection in the 3rd District in 2024.
The other seat they are eyeing is southeastern Wisconsin's 1st District, held by Republican Rep. Bryan Steil since 2019. The latest maps made that district more competitive while still favoring Republicans.
The two rejected lawsuits were filed by Elias Law Group, which represents Democratic groups and candidates, and the Campaign Legal Center on behalf of voters.
Wisconsin Business Leaders for Democracy are represented by Law Forward, a liberal Madison-based law firm, the Strafford Rosenbaum law firm in Madison and Election Law Clinic at Harvard Law School.
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