Wisconsin Gerrymandering Case Going Before the U.S. Supreme Court

ACLU of Wisconsin filed a friend-of-the-court brief arguing gerrymandering scheme is unconstitutional 

On Tuesday, October 3^rd the U.S. Supreme Court will consider whether Wisconsin’s partisan system of drawing legislative district lines to entrench the political power of the incumbent party violates the First Amendment and the Equal Protection Clause.

In a case that is expected to have sweeping implications for American democracy, the American Civil Liberties Union and the ACLU of Wisconsin filed a friend-of-the-court brief arguing that Wisconsin’s extreme partisan gerrymandering scheme violates the Constitution by manipulating the outcome of elections and entrenching the political power of the incumbent party against the will of the voters.

“This case is about whether politicians will continue to rig the maps and skew election results in their favor or whether Wisconsin voters will finally get a fair say in choosing their representatives,” said Chris Ott, the Executive Director of the ACLU of Wisconsin. “Gerrymandering happens on both sides of the aisle and in many states around the country, but politicians in Madison have taken it to the extreme – rigging the maps so aggressively that their legislative majority is virtually guaranteed before a single vote has been cast.”

“Wisconsin’s extreme partisan gerrymandering system thwarts the will of the voters, weakens our democracy, and violates the First Amendment,” said ACLU of Wisconsin board member James Hall, Jr. who was part of the group that conceived of and assembled the case before the high court.  “The ACLU of Wisconsin has long fought for free and fair elections and for the right of every eligible voter to cast a ballot that counts. Now the U.S. Supreme Court has a chance to restore the integrity of our elections and rein in a gerrymandering system that has spun out of control.”

Redistricting is the process of redrawing the lines of districts from which public officials are elected. Gerrymandering is when the lines are drawn to manipulate the boundaries to predetermine the outcome of elections, which hinders voters from voicing their interests through their votes.

In Wisconsin the redistricting processes has devolved into an anti-democratic procedure where politicians essentially decide who they want their voters to be. Using demographic models and projections of voting patterns calculated down to the neighborhood-level, districts can be drawn in such a way so as to virtually guarantee an electoral outcome. For example, in 2012 Democratic candidates for the state assembly won 53 percent of the vote, but won only 39 of the 99 seats.

Wisconsin Gerrymandering Case Going Before the U.S. Supreme Court

By Chris Ott

Last month Wisconsin legislative leaders suddenly demanded resignations from the widely respected administrators of the Wisconsin Elections Commission and the Wisconsin Ethics Commission.

That’s right: heading into an election year, partisan politicians are brazenly attempting to fire the independent watchdogs who help hold them accountable.

We have to fight this.

Michael Haas of the Wisconsin Elections Commission and Brian Bell of the Wisconsin Ethics Commission have faithfully enforced our ethics laws and protected the integrity of our elections – and they have bipartisan support from the commissioners they report to.

In the case of the Wisconsin Elections Commission, Michael Haas and his staff oversaw the Wisconsin recount of the 2016 presidential election and have successfully implemented measures such as online voter registration.

Yet in December, Wisconsin’s state Senate Majority Leader Scott Fitzgerald and Assembly Speaker Robin Vos demanded their resignations. And if they do not resign, Senator Fitzgerald claims the state senate has the authority to fire them.

As we head into a midterm election year, this looks alarmingly like a Trump-style political move to replace public servants who have acted as evenhanded referees. Wisconsinites deserve better.

Politicians who don’t want to follow the rules shouldn’t be able to fire the referees.

Wisconsin needs evenhanded public servants. We should let these bipartisan agencies do their jobs without interference from politicians trying to protect their own political interests.

That’s why we at the ACLU of Wisconsin, along with our thousands of supporters, members and volunteers are calling them out. 

Wisconsinites have had enough of partisan politicians trying to skirt the rules and rig the game in their favor. Everyday Americans are fighting back: calling their representatives, talking to their neighbors, and getting engaged in their communities in unprecedented numbers.

Elected officials who think they can act against the public interest and get away with it are in for a rude awakening. The people of Wisconsin are watching and ready to hold them accountable at the polls.

By Chris Ott

With just a few weeks until the first of several important statewide elections this year, the Wisconsin Senate just voted 18 – 12, along party lines, to fire the administrator of Wisconsin's Elections Commission, Michael Haas. 

Senate leaders have made their move, but ultimately, Wisconsin voters have the final say. If the state Senate's interference in a nonpartisan agency worries you, please make a commitment to take action.

1. Vote in every election.

• Vote February 20 in Wisconsin's spring primary
• Vote April 3 in Wisconsin's spring election
• Vote August 14 in the statewide primary
• Vote November 6 in the general election

2. Share with others why these elections matter.

• The election on April 3 will decide who gets a seat on Wisconsin's state supreme court. In recent years, our state's high court has proven increasingly hostile to civil rights and civil liberties, and this election provides the best chance in years to stop this trend.
• The election on November 6 will choose Wisconsin's governor, half the members of the state Senate, all members of the state Assembly, Wisconsin's entire delegation to the US House of Representatives, and a US Senator.

3. Learn how you can overcome Wisconsin's Voter ID law which has put obstacles between voters and the polls.

• Register to vote online and find your polling place at: myvote.wi.gov
• Find out which forms of ID you can use to vote at: bringitwisconsin.com
• If you need help getting an ID or getting to the DMV, or want to learn how to help others exercise their voting rights too, call the ACLU's Voting Rights Project for free voter assistance at 608-285-2141.
• To join the effort to get every voter in Wisconsin the ID they need to vote, sign up at peoplepower.org for an event near you.

As a nonpartisan organization, the ACLU won't tell you which candidates to vote for. But we work every day to make sure you can exercise your right to vote. Please use that right, in every election. And please share this information with friends and family who care about the future of our state and our country.