Wisconsin Supreme Court justice race impacts election integrity issue with majority control at risk

The upcoming election of a new Wisconsin Supreme Court justice is expected to have a significant impact on election integrity as a liberal justice is retiring, opening up a seat that could potentially flip the current liberal majority towards conservatives.

The nonpartisan election for the high court seat is on April 1st, and this race is the second time in two years that the majority of the state Supreme Court is up for grabs. The last election for a seat on the high court resulted in a liberal majority after the conservatives had held the majority for 15 years. Since the new majority was seated, two election cases were decided by the liberal justices, and conservatives are concerned that issues like voter ID could soon be brought before the court.

The current majority on the court is four liberal justices to three conservatives. Last April, liberal Supreme Court Justice Ann Walsh Bradley announced that she would not seek reelection. Bradley will leave her post on July 31st.

In April 2023, then-Milwaukee County Circuit Court Judge Janet Protasiewicz won the election for the open seat on the Wisconsin Supreme Court at the time, flipping it from a conservative majority to liberal. That race was the most expensive judicial race in U.S. history at $51 million, with this election expected to top it. According to CNN, "Billionaires, such as liberal financier George Soros and Republican-aligned roofing magnate Diane Hendricks, have written big checks to the state Democratic and Republican parties, respectively – which has transferred campaign cash to the candidates’ committees."

Since Protasiewicz joined the high court, two significant election cases have been decided by the liberal majority. Last July, the Wisconsin Supreme Court overturned its 2022 decision that had declared the Wisconsin Elections Commission was not authorized to allow the use of ballot drop boxes as alternative balloting during the 2020 presidential election. As a result, voters were able to drop their ballots in drop boxes this past November election.

Then, on Tuesday, the Wisconsin Supreme Court dismissed a lawsuit brought by the Racine County Republican Party chairman challenging the legality of the Racine mobile voting van. The court ruled that he did not have standing to bring the case.

Racine County Republican Party Chairman Ken Brown sued Racine City after the mobile voting van was used in the two weeks leading up to the state's August 2022 primary election. Brown sought to ban the use of mobile voting vans in future elections, arguing that state law does not allow them. A Racine County judge ruled in January 2024 that the van used by the city clerk in 2022 is illegal and cannot be used again.

On Tuesday the state's high court did not decide on the merits whether the use of the mobile voting van is legal, allowing it to be used in future elections. Following the court's ruling, Racine city officials said they plan to use the mobile voting van in the state's April elections.

"Wisconsin may never be a battleground state again"

The two candidates running this spring for the high court seat are Waukesha County Circuit Court Judge Brad Schimel and Dane County Circuit Court Judge Susan Crawford. Schimel is backed by wealthy Republicans, such as Diane Hendricks, the roofing magnate; Elizabeth Uihlein, whose family owns a packaging firm; and J. Joe Ricketts, the co-owner of the Chicago Cubs. Crawford is backed rich Democrats, such as George Soros and fellow Democratic billionaire, Illinois Gov. J.B. Pritzker, who recently donated $1 million and $500,000, respectively, to the Wisconsin Democratic Party. The party has sent $2 million to Crawford’s campaign.

Following the Tuesday ruling by the high court, former Wisconsin Gov. Scott Walker (R) posted an article about the decision on X, writing, “This is just the tip of the iceberg with a 4 - 3 activist court. We have to win in April or Wisconsin may never be a battleground state again.”

House Administration Committee Chairman Bryan Steil, R-Wis., endorsed Schimel last week, posting on X, “Brad has the experience Wisconsin needs on the bench. This election is about protecting our freedoms, preserving election integrity, and ensuring public safety is a priority. I am proud to endorse Judge Brad Schimel for Wisconsin Supreme Court Justice!”

Elon Musk has also weighed in on the court race, posting on X last month, “Very important to vote Republican for the Wisconsin Supreme Court to prevent voting fraud!” A group that Musk has donated to before, Building America’s Future, is spending $1.6 million on television ads in the race.

Wisconsin GOP Chairman Brian Schimming told Breitbart News that the outcome of the court race could impact politics nationally. “To say that what happens in Wisconsin will not stay in Wisconsin is putting it really mildly,” Schimming said.

Congressional redistricting, abortion, unions, and elections

“It could literally mean the success of President Trump’s term. It could literally mean them having the votes to bring impeachment articles against him,” he continued. “The implications of what happens in Wisconsin would be a political earthquake for the House of Representatives.”

His comments followed a report that an invite for a donor advisory briefing held by Democratic donors with Crawford called the election a "Chance to put two more House seats in play for 2026." This is because Democrats are hoping the state Supreme Court will redraw the congressional district map.

In addition to congressional redistricting, the high court could decide on cases regarding abortion, unions, and elections after the next justice is seated.

An election integrity issue that has been highlighted as having the possibility of being reviewed by the new state Supreme Court is voter ID, which is required by state law.

The Institute for Reforming Government released a “Court Watch” primer on Tuesday, noting that Crawford “was one of the attorneys in 2011 who brought litigation charging that Voter ID was unconstitutional.”

GOP grassroots activist Scott Presler has also highlighted the voter ID issue, posting about it on X since December.

“Today is day 75 of reminding Wisconsin voters that they can flip the WI Supreme Court from 🔵🔜🔴 & enshrine voter ID in the constitution by voting on Tuesday, April 1st, 2025,” Presler wrote on the social media platform on Thursday.