Wisconsin’s Supreme Court struck down a heavily gerrymandered legislative map that favors the GOP in about two-thirds of the districts in a state that’s generally divided between Democrats and Republicans.
Friday’s 4-3 decision means that the new maps for the state Senate and Assembly seats must be in place before the 2024 elections. The state legislature can draw new maps that meet the court’s criteria. If that doesn’t happen, “this court is prepared to adopt remedial maps” before voters go to the polls, Justice Jill J. Karofsky wrote for the court majority.
Part of the Democrats’ argument for overturning the maps is that they violate state constitution by creating numerous patchwork seats where some residents live outside the boundaries of the rest of their voting districts. State law requires contiguous—geographically connected—districts.
The state high court agreed. “We hold that the contiguity requirements in Article IV, Sections 4 and 5 mean what they say: Wisconsin’s state legislative districts must be composed of physically adjoining territory. The constitutional text and our precedent support this common-sense interpretation of contiguity,” Karofsky said.
Since it’s unlikely the GOP-controlled legislature will act, a special master or judicial panel will have to be created quickly so that new lines could be drawn in time for candidates to know where to circulate nominating petitions. Filing for the November races opens April 15.
The case is Clarke v. Wisconsin Elections Comm’n, Wis., No. 2023AP1399, 12/22/23
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