Wisconsin Supreme Court elections, 2023

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Janet Protasiewicz defeated Daniel Kelly in the nonpartisan general election for Wisconsin Supreme Court on April 4, 2023. Protasiewicz's election meant the balance of the court would switch from a 4-3 conservative majority to a 4-3 liberal majority for the first time in 15 years.[1]

The election determined who would succeed retiring conservative Justice Patience Roggensack, whose term expired in July 2023. While supreme court elections are officially nonpartisan, justices and candidates are considered to be liberal or conservative. With Roggensack—a member of the court's conservative majority—retiring, the general election determined the ideological control of the court.[2][3][4][5][6]

Wisconsin media identified abortion, election administration, and legislative redistricting as legal issues the court could address following the election.[6][7][8][9][10][11] For media analysis and commentary on this election, click here.

At the time of the election, Protasiewicz, a former assistant district attorney, had served on the Milwaukee County Circuit Court since 2014.[12] After the primary, Protasiewicz said, "We're saving our democracy in the state of Wisconsin. … I'm talking about the ability to vote, to have a vote that counts about women's rights, reproductive freedoms, the fact that the 2024 presidential election results could likely come into our Supreme Court chamber, just everything people care about."[13]

Kelly previously served on the supreme court from 2016, when Gov. Scott Walker (R) appointed him to fill a vacancy, to 2020, when he lost re-election to Jill Karofsky 55.2% to 44.7%. As a result of that election, the supreme court went from a 5-2 conservative majority to a 4-3 conservative one. Ahead of the 2023 election, Kelly said, "If an activist were to win next April, Wisconsin's public policy would be imposed by four lawyers sitting in Madison instead of being adopted through our constitutional processes. I won't let that happen on my watch.[14]

At a March 21 debate, Protasiewicz criticized Kelly for accepting the endorsements of organizations that opposed abortion and said Kelly would support keeping in place an 1849 state law that prohibited abortion in most cases. She also accused Kelly of advising state Republican officials who planned on sending an alternate slate of electors to Washington D.C. after the 2020 election.[15][16]

Kelly criticized Protasiewicz for accepting contributions from the state Democratic Party and said those contributions might influence her actions as a member of the court. Kelly also criticized Protasiewicz for publicly stating her views on issues that could come before the court, including abortion and legislative redistricting.[15] To view recordings and summaries of the debate, click here.

The three liberal justices on the court—Rebecca Dallet, Ann Walsh Bradley, and Jill Karofskyendorsed Protasieweicz.[17][18][19] EMILY's List, a political action committee dedicated to electing Democratic women who support abortion, also endorsed Protasiewicz.[20]

Conservative justices Roggensack, Rebecca Bradley, and Annette Ziegler endorsed Kelly. The groups Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin also endorsed Kelly.[21][22]

The election set a new record for campaign spending in state judicial elections. According to WisPolitics, more than $44 million had been spent in the race as of March 30, three times the $15 million spent in the previous record holder, a 2004 Illinois Supreme Court race.[23]

Voters also decided a state constitutional amendment that would increase the discretion judges have to impose cash bail on people accused of violent crimes. According to NBC's Sam Edelman, the amendment could affect the turnout for the supreme court election.[24][24] Click here to learn more.

Protasiewicz and Kelly were the top two vote-getters among the four candidates who ran in the February 21 nonpartisan primary.. Protasiewicz received 46.5% of the primary vote, and Kelly received 24.2%. Waukesha County Circuit Judge Jennifer Dorow, a conservative candidate, and Dane County Circuit Judge Everett Mitchell, a liberal candidate, received 21.9% and 7.5%, respectively. Together, Protasiewicz and Mitchell received 53.9% of the vote to Kelly and Dorow's combined 46.1%.

As of 2023, Wisconsin had a divided government. The governor was Democrat Tony Evers, while the Republican Party controlled both chambers of the state legislature.

Wisconsin was one of two states that held elections for state supreme court in 2023. To view Ballotpedia's study of the partisan affiliation of state supreme court justices, click here. For an overview of state supreme court elections in 2023, click here.

For coverage of the February 21, 2023 primary, click here.

Election news

On the Ballot Banner (1).png
Wisconsin Supreme Court election with Staff Writer Doug Kronaizl. Subscribe here.

This section includes a timeline of events leading up to the election.

Candidates and election results

General election

General election for Wisconsin Supreme Court

Janet Claire Protasiewicz defeated Daniel Kelly in the general election for Wisconsin Supreme Court on April 4, 2023.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/JanetProtasiewicz.jpg
Janet Claire Protasiewicz (Nonpartisan)
 
55.4
 
1,021,822
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg
Daniel Kelly (Nonpartisan)
 
44.4
 
818,391
 Other/Write-in votes
 
0.2
 
3,267

Total votes: 1,843,480
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Nonpartisan primary election

Nonpartisan primary for Wisconsin Supreme Court

Janet Claire Protasiewicz and Daniel Kelly defeated Jennifer Dorow and Everett Mitchell in the primary for Wisconsin Supreme Court on February 21, 2023.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/JanetProtasiewicz.jpg
Janet Claire Protasiewicz (Nonpartisan)
 
46.4
 
446,403
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg
Daniel Kelly (Nonpartisan)
 
24.2
 
232,751
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/JenniferDorow.jpg
Jennifer Dorow (Nonpartisan)
 
21.9
 
210,100
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/EverettMitchell.jpg
Everett Mitchell (Nonpartisan)
 
7.5
 
71,895

Total votes: 961,149
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Justices not on the ballot

Voting information

See also: Voting in Wisconsin

Election information in Wisconsin: April 4, 2023, election.

What was the voter registration deadline?

  • In-person: March 31, 2023
  • By mail: Postmarked by March 15, 2023
  • Online: March 15, 2023

Was absentee/mail-in voting available to all voters?

N/A

What was the absentee/mail-in ballot request deadline?

  • In-person: April 2, 2023
  • By mail: Received by March 30, 2023
  • Online: March 30, 2023

What was the absentee/mail-in ballot return deadline?

  • In-person: April 4, 2023
  • By mail: Received by April 4, 2023

Was early voting available to all voters?

N/A

What were the early voting start and end dates?

March 21, 2023 to April 2, 2023

Were all voters required to present ID at the polls? If so, was a photo or non-photo ID required?

Photo ID

When were polls open on Election Day?

7 a.m. to 8 p.m.


Candidate comparison

Candidate profiles

This section includes candidate profiles that may be created in one of two ways: either the candidate completed Ballotpedia's Candidate Connection survey, or Ballotpedia staff may compile a profile based on campaign websites, advertisements, and public statements after identifying the candidate as noteworthy. For more on how we select candidates to include, click here.

Image of Daniel Kelly

WebsiteFacebookTwitter

Incumbent: No

Political Office: 

Biography:  Kelly received a bachelor's degree in political science and Spanish from Carroll University in 1986 and a J.D. from Regent University School of Law in 1991. Kelly previously worked as a shareholder at Reinhart Boerner Van Deuren, vice president and general counsel for the Kern Family Foundation, and a founding partner at Rogahn Kelly LLC. In 2020, he founded Daniel Kelly Consulting and became a senior fellow at the Institute for Reforming Government.



Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.


Kelly said in his campaign announcement, "If an activist were to win next April, Wisconsin's public policy would be imposed by four lawyers sitting in Madison instead of being adopted through our constitutional processes. I won’t let that happen on my watch." 


Kelly's campaign website said, "Justice Daniel Kelly will preserve constitutional rights, uphold the rule of law, and prevent judicial activism. He’s an experienced and trustworthy judicial conservative who will apply the law as it is written, rather than legislate from the bench. His opponent, Janet Protasiewicz, is a liberal activist who seeks to put her thumb on the scale by ruling based on her political beliefs, rather than the rule of law." 


Kelly's campaign Twitter said, "Wisconsin needs the Rule of Law, not the Rule of Janet. Politician Protasiewicz has said she will put her thumb on the scale when deciding cases. That is an outrage, and it is entirely unacceptable." 


Show sources

This information was current as of the candidate's run for Wisconsin Supreme Court in 2023.

Image of Janet Claire Protasiewicz

WebsiteFacebookTwitter

Incumbent: No

Political Office: 

Biography:  Protasiewicz received a bachelor's degree in history from the University of Wisconsin-Milwaukee in 1985 and a J.D. from Marquette University Law School in 1988. Protasiewicz was a Milwaukee County assistant district attorney for 26 years. She also served as an adjunct law professor at Marquette Law School.



Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.


Protasiewicz's campaign manager said Protasiewicz would "vigorously defend our constitutional freedoms and women’s right to make her own decision when it comes to abortion."


Protasiewicz said in her campaign announcement, "We know that it’s not up to the government to decide who we can or can’t love. We know the 2020 election resulted in Joe Biden’s election. We must restore confidence that judges aren’t just trying to reach their favored outcomes, but actually applying the law and the constitution. I’m running to restore integrity to the Wisconsin Supreme Court, and get politics out of the courtroom."


On redistricting, Protasiewicz's campaign Twitter said, "It is no secret that Wisconsin’s maps are gerrymandered, and it is also no secret that Janet’s extreme opponent and the big-money special interests backing him prefer for them to stay that way."


Show sources

This information was current as of the candidate's run for Wisconsin Supreme Court in 2023.

Ballotpedia's Candidate Connection survey responses

Ballotpedia asks all federal, state, and local candidates to complete a survey and share what motivates them on political and personal levels. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

No candidate in this race completed Ballotpedia's Candidate Connection survey.

Campaign advertisements

This section includes a selection of up to three campaign advertisements per candidate released in this race, as well as links to candidates' YouTube, Vimeo, and/or Facebook video pages. If you are aware of other links that should be included, please email us.


Daniel Kelly

March 23, 2023
March 17, 2023
March 23, 2023


Janet Protasiewicz

March 19, 2023
March 19, 2023
March 9, 2023

View more ads here:


Satellite ads

This section includes a selection of campaign advertisements released by satellite groups. If you are aware of other satellite ads that should be included, please email us.

Debates and forums

This section includes links to debates, forums, and other similar events where multiple candidates in this race participated. If you are aware of any debates or forums that should be included, please email us.

March 21, 2023, debate

On March 21, 2023, Kelly and Protasiewicz participated in a debate hosted by WisPolitics and News 3. This was the only debate scheduled ahead of the general election.[32]

Click on the links below for summaries of the event:

Noteworthy endorsements

Click the links below to see endorsement lists published on candidate campaign websites, if available. If you are aware of a website that should be included, please email us.

See also: Ballotpedia: Our approach to covering endorsements

This section lists noteworthy endorsements issued in this election, including those made by high-profile individuals and organizations, cross-party endorsements, and endorsements made by newspaper editorial boards. It also includes a bulleted list of links to official lists of endorsements for any candidates who published that information on their campaign websites. Please note that this list is not exhaustive. If you are aware of endorsements that should be included, please click here.


Noteworthy endorsements
Endorser Nonpartisan Daniel Kelly Nonpartisan Janet Claire Protasiewicz
Government officials
U.S. Sen. Tammy Baldwin (D)  source  
U.S. Sen. Ronald Harold Johnson (R)  source  
U.S. Rep Gwen Moore (D)  source  
U.S. Rep. Mark Pocan (D)  source  
Frmr. Secretary of State Hillary Clinton (D)  source  
Judge Jennifer Dorow  source  
State Sen. Dianne Hesselbein (D)  source  
Justice Jill Karofsky  source  
Judge Everett Mitchell  source  
Justice Patience Drake Roggensack  source  
Justice Annette Ziegler  source  
Dane County Supervisor Andrew Schauer  source  
Individuals
Frmr. Lt. Governor Mandela Barnes  source  
Frmr. Gov. James Doyle  source  
Frmr. U.S. Attorney General Eric Holder  source  
Organizations
End Citizens United  source  
Human Rights Campaign PAC  source  
NARAL Pro-Choice America  source  
People for the American Way  source  
Planned Parenthood Advocates of Wisconsin  source  
Wisconsin Education Association Council  source  
Wisconsin Laborers' District Council  source  

February 21 primary


Election competitiveness

Polls

See also: Ballotpedia's approach to covering polls

We provide results for polls that are included in polling aggregation from FiveThirtyEight and RealClearPolitics, when available. No polls were available for this election. To notify us of polls published in this election, please email us.

Election spending

Campaign finance

This section contains campaign finance figures from reports submitted to the Wisconsin Ethics Commission in this election. It does not include information on spending by satellite groups. Click here to access the reports.

Satellite spending

See also: Satellite spending

Satellite spending describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.[43][44]

If available, satellite spending reports by the Federal Election Commission (FEC) and OpenSecrets.org are linked below. FEC links include totals from monthly, quarterly, and semi-annual reports. OpenSecrets.org compiles data from those reports as well as 24- and 48-hour reports from the FEC.[45]

Details about satellite spending of significant amounts and/or reported by media are included below those links. The amounts listed may not represent the total satellite spending in the election. To notify us of additional satellite spending, email us.

Click here to search independent expenditures reported to the Wisconsin Ethics Commission.

Spending news

  • On March 20, The Hill reported that Everytown for Gun Safety Action Fund would spend $500 thousand to run an ad opposing Kelly.[46]
  • On March 15, The New York Times reported that Protasiewicz' campaign spent $9.1 million in the three weeks leading to March 15. Satellite groups supporting Protasiewicz spent more than $2 million.[47]
  • On March 8, 2023, WisPolitics reported that the Wisconsin Manufacturers & Commerce Issues Mobilization Council would spend $3.2 million to run an ad opposing Protasiewicz statewide.[48]

Media analysis and commentary

Local and national media commentators have offered their views on the political dynamics influencing the election. Below is a curated list of quotes and commentary from media observers.

Partisan balance of the court

Conservatives are defending a 4-3 majority on the state's highest court, with candidates and aligned interest groups spending tens of millions to keep liberals from taking control for the first time in 15 years. The fight to flip the court is drawing more firepower from Democratic interests for a total price tag that's already the highest ever spent on a single judicial election.

The stakes of this year's state Supreme Court race range from how routine cases like criminal appeals are decided to watershed rulings, including deciding whether doctors may terminate pregnancies within the state's boundaries and whether Republicans will continue to control the state Legislature by wide margins.

Challenges to the state's election laws leading up to the 2024 presidential election will also end up at the high court as will lawsuits filed after a winner is chosen.[54]

—Molly Beck and Corrinne Hess, The Milwaukee Journal Sentinel (March 21, 2023)[55]


If Protasiewicz emerges victorious, the state could experience a period of political upheaval. A flurry of lawsuits challenging several of the court’s controversial decisions could work their way before the hypothetical liberal majority — the court’s first since 2008. That includes potential challenges to Wisconsin’s gerrymandered legislative maps, the state law (Act 10) that limits the influence of public-sector labor unions and the decision outlawing unstaffed absentee ballot drop boxes.

...


If Kelly wins and conservatives keep their 4-3 majority, Wisconsinites can expect much of the same from the state Supreme Court. Conservative efforts that work their way before the court could often succeed, though Justice Brian Hagedorn sometimes breaks with fellow conservatives to vote with the three liberal justices.[54]

—Jack Kelly, Allison Garfield, and Scott Girard, The Cap Times (March 22, 2023)[56]

Campaign spending

The return of an 1849 anti-abortion law has propelled so much interest in an open Wisconsin Supreme Court seat that there’s been twice as much spent on advertising than in any judicial race in US history—and the campaign still has a week and a half to go.

Over $31 million in ads have been booked in the contest between former Wisconsin Supreme Court Justice Dan Kelly and Milwaukee County Circuit Judge Janet Protasiewicz, more than doubling the $15 million record spent on one seat in Illinois and exceeding the $21 million spent on a three-seat race in Pennsylvania, said state judicial campaign finance expert Douglas Keith.

...

Groups bankrolling pro-Kelly commercials have been emphasizing the word “conservative” in their spots, and state Republican Chairman Brian Schimming said the party’s backing him in the nominally non-partisan election because a loss would put “25 years of conservative reform at risk.”

...

So far, Protasiewicz and the groups backing her have dominated the airwaves. Her campaign alone has booked roughly $12.6 million of TV and digital ads, with different messages depending on where the voters live, according to data compiled by the commercial-tracking company AdImpact. Outside groups backing Protasiewicz have spent an additional $5.4 million, giving the liberal candidate a roughly $5 million spending advantage over Kelly on booked advertisements, according to AdImpact.

In Democratic strongholds around Milwaukee and Madison, commercials by the candidate and outside groups are emphasizing Protasiewicz’s support for abortion rights and Kelly’s alignment with anti-abortion groups.

...

In more-rural northern counties, attack ads call Kelly corrupt for his recusal decisions and criticize his private practice representation of sexual assault defendants.[54]

—Alex Ebert, Bloomberg Law (March 24, 2023)[57]

Abortion

The contest has significant implications for the future of abortion access in Wisconsin. State Attorney General Josh Kaul, a Democrat, has sued to overturn the state’s 1849 abortion law, which prohibits the procedure in almost all circumstances. Providers have stopped performing abortions as the legal challenge winds its way through the court system, where it is expected to eventually come before the Wisconsin Supreme Court.

[...] Those on both sides of the abortion rights debate are already gearing up for an intense general election fight. On the pro-abortion rights side, Planned Parenthood is planning to spend seven-figures on the race in conjunction with its local affiliate, which has already hired staff in several cities to support its get-out-the-vote effort.

Students for Life is also planning to engage in the race with digital media and outreach to activists on the ground in Wisconsin, while Susan B. Anthony Pro-Life America, which made a six-figure investment into the primary election, is planning to make another six-figure investment into the general election focusing on mail, texts, live calls and potentially digital.[54]

—Zach Montellaro and Megan Messerly, Politico (February 27, 2023)[58]


A lawsuit challenging that 1849 law could reach the state Supreme Court as soon as this fall. And while the two candidates are refusing to say how they’d rule, they’re leaving little doubt about their leanings.

In their lone debate Tuesday, Protasiewicz said she is “making no promises” on how she would rule. But she also noted her personal support for abortion rights, as well as endorsements from pro-abortion rights groups. And she pointed to Kelly’s endorsement by Wisconsin Right to Life, which opposes abortion rights.

...

Even though Kelly has not explicitly said he would oppose an expansion of abortion rights, [Gracie Skogman, the the legislative director for Wisconsin Right to Life] said his history on the issue made her group comfortable that he would.[54]

—Eric Bradner and Jeff Zeleny, CNN (March 22, 2023)[59]

Election administration

The court has also shaped Wisconsin’s election laws. It has voted in recent years to prohibit ballot drop boxes and have selected maps that cemented Republicans’ solid majority in the state legislature.

The April 4 election will set the stage for the 2024 presidential race, with the court likely to be asked to weigh in again on election rules, including the state’s voter identification law, and potentially sort through another round of legal challenges afterward.

Those high stakes have turned the state Supreme Court race into one of the nation’s most closely watched contests of 2023.[54]

—Eric Bradner and Jeff Zeleny, CNN (March 22, 2023)[59]

Legislative district maps

For more than a decade, Republicans have held strong control of both houses of the state Legislature, thanks in part to the district lines they drew in 2011.

In 2015, Wisconsin Democrats thought they had the answer to this — a new standard to measure gerrymandering that would give federal courts the ability to rule when a redistricting plan was too partisan.

They took the idea all the way to the U.S. Supreme Court, but the day they made their arguments, it was obvious some justices had their doubts. Chief Justice John Roberts called their ideas "sociological gobbledygook." The case was eventually remanded to a lower court, and in 2019, the Supreme Court slammed the door to the idea when it decided that partisan gerrymandering wasn't justiciable at the federal level.

...

But according to [Rob Yablon, a University of Wisconsin-Madison law professor], one avenue remains: state courts, including the Wisconsin Supreme Court. In fact, the Supreme Court "explicitly left the door open" for state courts to consider partisan gerrymandering claims, he said.

And that's why the maps are a huge issue in this year's race for Wisconsin's court race.[54]

—Bridgit Bowden, Wisconsin Public Radio (March 21, 2023)[60]

Election analysis

Click the tabs below to view information about demographics, past elections, and partisan control of the state.

  • Presidential elections - Information about presidential elections in the state.
  • Statewide elections - Information about recent U.S. Senate and gubernatorial elections in the state.
  • State partisanship - The partisan makeup of the state's congressional delegation and state government.
  • Demographics - Information about the state's demographics and how they compare to the country as a whole.

Presidential elections

See also: Presidential voting trends in Wisconsin and The Cook Political Report's Partisan Voter Index

Cook PVI by congressional district

Cook Political Report's Partisan Voter Index for Wisconsin, 2022
District Incumbent Party PVI
Wisconsin's 1st Bryan Steil Ends.png Republican R+3
Wisconsin's 2nd Mark Pocan Electiondot.png Democratic D+19
Wisconsin's 3rd Open Electiondot.png Democratic R+4
Wisconsin's 4th Gwen Moore Electiondot.png Democratic D+25
Wisconsin's 5th Scott Fitzgerald Ends.png Republican R+14
Wisconsin's 6th Glenn Grothman Ends.png Republican R+10
Wisconsin's 7th Tom Tiffany Ends.png Republican R+12
Wisconsin's 8th Mike Gallagher Ends.png Republican R+10


2020 presidential results by 2022 congressional district lines

2020 presidential results in congressional districts based on 2022 district lines, Wisconsin[61]
District Joe Biden Democratic Party Donald Trump Republican Party
Wisconsin's 1st 48.3% 50.3%
Wisconsin's 2nd 70.2% 28.4%
Wisconsin's 3rd 46.8% 51.5%
Wisconsin's 4th 75.9% 22.8%
Wisconsin's 5th 37.9% 60.8%
Wisconsin's 6th 41.4% 57.0%
Wisconsin's 7th 39.3% 59.2%
Wisconsin's 8th 41.5% 57.0%


2012-2020

How a state's counties vote in a presidential election and the size of those counties can provide additional insights into election outcomes at other levels of government including statewide and congressional races. Below, four categories are used to describe each county's voting pattern over the 2012, 2016, and 2020 presidential elections: Solid, Trending, Battleground, and New. Click [show] on the table below for examples:


Following the 2020 presidential election, 46.1% of Wisconsinites lived in one of the state's 37 Solid Republican counties, which voted for the Republican presidential candidate in every election from 2012 to 2020, and 35.7% lived in one of 12 Solid Democratic counties. Overall, Wisconsin was Battleground Democratic, having voted for Barack Obama (D) in 2012, Donald Trump (R) in 2016, and Joe Biden (D) in 2020. Use the table below to view the total number of each type of county in Wisconsin following the 2020 election as well as the overall percentage of the state population located in each county type.

Historical voting trends

Wisconsin presidential election results (1900-2020)

  • 15 Democratic wins
  • 15 Republican wins
  • 1 other win
Year 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016 2020
Winning Party R R R D R R P[62] R D D D R D R R R D R R D R R D D D D D D D R D

Statewide elections

This section details the results of the five most recent U.S. Senate and gubernatorial elections held in the state.

U.S. Senate elections

See also: List of United States Senators from Wisconsin

The table below details the vote in the five most recent U.S. Senate races in Wisconsin.

U.S. Senate election results in Wisconsin
Race Winner Runner up
2022 50.4%Republican Party 49.4%Democratic Party
2018 55.4%Democratic Party 44.6%Republican Party
2016 50.2%Republican Party 46.8%Democratic Party
2012 51.4%Democratic Party 45.9%Republican Party
2010 51.9%Republican Party 47.0%Democratic Party
Average 51.9 46.7

Gubernatorial elections

See also: Governor of Wisconsin

The table below details the vote in the five most recent gubernatorial elections in Wisconsin.

Gubernatorial election results in Wisconsin
Race Winner Runner up
2022 51.1%Democratic Party 47.8%Republican Party
2018 49.5%Democratic Party 48.4%Republican Party
2014 52.3%Republican Party 46.6%Democratic Party
2010 52.2%Republican Party 46.5%Democratic Party
2006 52.8%Democratic Party 45.4%Republican Party
Average 51.6 46.9

State partisanship

Congressional delegation

The table below displays the partisan composition of Wisconsin's congressional delegation as of January 2023.

Congressional Partisan Breakdown from Wisconsin, January 2023
Party U.S. Senate U.S. House Total
Democratic 1 2 3
Republican 1 6 7
Independent 0 0 0
Vacancies 0 0 0
Total 2 8 10

State executive

The table below displays the officeholders in Wisconsin's top four state executive offices as of January 2023.

State executive officials in Wisconsin, January 2023
Office Officeholder
Governor Democratic Party Tony Evers
Lieutenant Governor Democratic Party Sara Rodriguez
Secretary of State Democratic Party Dogulas J. La Follette
Attorney General Democratic Party Josh Kaul

State legislature

The tables below highlight the partisan composition of the Wisconsin State Legislature as of January 2023.

Wisconsin State Senate

Party As of January 2023
     Democratic Party 11
     Republican Party 21
     Vacancies 1
Total 33

Wisconsin State Assembly

Party As of January 2023
     Democratic Party 35
     Republican Party 64
     Vacancies 0
Total 99

Trifecta control

As of January 2023, Wisconsin was a divided government, with Democrats controlling the governorship and Republican majorities in both chambers of the state legislature. The table below displays the historical trifecta status of the state.

Wisconsin Party Control: 1992-2023
Two years of Democratic trifectas  •  Ten years of Republican trifectas
Scroll left and right on the table below to view more years.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Governor R R R R R R R R R R R D D D D D D D D R R R R R R R R D D D D D
Senate D R R R D D R D D D D R R R R D D D D R R R R R R R R R R R R R
House D D D R R R R R R R R R R R R R R D D R R R R R R R R R R R R R

Demographics

The table below details demographic data in Wisconsin and compares it to the broader United States as of 2019.

Demographic Data for Wisconsin
Wisconsin United States
Population 5,686,986 308,745,538
Land area (sq mi) 54,167 3,531,905
Race and ethnicity**
White 85.4% 72.5%
Black/African American 6.4% 12.7%
Asian 2.8% 5.5%
Native American 0.9% 0.8%
Pacific Islander 0% 0.2%
Two or more 2.4% 3.3%
Hispanic/Latino 6.8% 18%
Education
High school graduation rate 92.2% 88%
College graduation rate 30.1% 32.1%
Income
Median household income $61,747 $62,843
Persons below poverty level 11.3% 13.4%
Source: population provided by U.S. Census Bureau, "Decennial Census" (2010). Other figures provided by U.S. Census Bureau, "American Community Survey" (5-year estimates 2014-2019).
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.


Election context

April 4 ballot measures

See also: Wisconsin 2023 ballot measures

The April 4, 2023, general election ballot included three ballot questions—two constitutional measures and one advisory question. On January 19, 2023, the Wisconsin State Legislature passed Senate Joint Resolution 2, sending to the ballot two ballot questions related to conditions for the release of an accused person before conviction and cash bail. Also on January 19, the legislature voted to refer an advisory question to the April ballot asking voters whether able-bodied childless adults should have to apply for work before receiving welfare benefits.

Wisconsin Question 1, Conditions of Release Before Conviction Amendment (April 2023)

The ballot question for the amendment was as follows:[63]

Question 1: Conditions of release before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose on an accused person being released before conviction conditions that are designed to protect the community from serious harm?[54]

Wisconsin Question 2, Conditions for Cash Bail Amendment (April 2023)

The ballot question for the amendment was as follows:[64]

Question 2: Cash bail before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality of the circumstances, including the accused's previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses?[54]

Wisconsin Question 3, Work Requirement for Welfare Benefits Advisory Question (April 2023)

The full text of the measure was as follows:[65]

Resolved by the senate, the assembly concurring, That the following question be submitted, for advisory purposes only, to the voters of this state at the spring election to be held in April 2023:

“Shall able-bodied, childless adults be required to look for work in order to receive taxpayer-funded welfare benefits?"[54]

Ballot access requirements

The table below details filing requirements for supreme court candidates in Wisconsin in the 2023 election cycle. For additional information on candidate ballot access requirements in Wisconsin, click here.

Filing requirements for supreme court candidates, 2023
State Office Party Signatures required Filing fee Filing deadline Source Notes
Wisconsin Justice of the Supreme Court All candidates 2,000 N/A January 3, 2023 Source

General election vote margins

General election voter turnout

Wisconsin Supreme Court election history

Overview

Wisconsin Supreme Court elections, 2005-2020
Year Winning candidate Ideological lean Percent share of vote Losing candidate Ideological lean Percent share of vote Margin of victory Majority on court Turnout Other statewide elections on ballot
2020 Jill Karofsky Democratic Party Liberal 55.2% Daniel Kelly Republican Party Conservative 44.7% 10.5% 4-3 45.8% Primary election - U.S. President
2019 Brian Hagedorn Republican Party Conservative 50.2% Lisa Neubauer Democratic Party Liberal 49.7% 0.5% 5-2 26.6% None
2018 Rebecca Dallet Democratic Party Liberal 55.8% Michael Screnock Republican Party Conservative 44.2% 11.5% 4-3 22.2% None
2017 Annette Ziegler
(incumbent)
Republican Party Conservative 97.2% Write-in -- 2.8% 94.4% 5-2 ~16% State Superintendent of Public Instruction
2016 Rebecca Bradley
(incumbent)
Republican Party Conservative 52.4% JoAnne Kloppenburg Democratic Party Liberal 47.5% 4.9% 5-2 47.4% Primary election - U.S. President
2015 Ann Walsh Bradley
(incumbent)
Democratic Party Liberal 58.1% James Daley Republican Party Conservative 41.9% 16.2% 4-3 18.3% None
2013 Patience Roggensack
(incumbent)
Republican Party Conservative 57.5% Ed Fallone Democratic Party Liberal 42.5% 15% 4-3 20.5% State Superintendent of Public Instruction
2011 David T. Prosser
(incumbent)
Republican Party Conservative 50.2% JoAnne Kloppenburg Democratic Party Liberal 49.7% 0.5% 4-3 34.3% None
2009 Shirley Abrahamson
(incumbent)
Democratic Party Liberal 59.6% Randy Koschnick Republican Party Conservative 40.2% 19.4% 4-3 18.2% None
2008 Michael Gableman Republican Party Conservative 51.1% Louis Butler
(incumbent)
Democratic Party Liberal 48.5% 2.6% 4-3 19.3% None
2007 Annette Ziegler Republican Party Conservative 58.6% Linda M. Clifford Democratic Party Liberal 41.1% 17.5% 4-3 19.4% None
2006 N. Patrick Crooks
(incumbent)
Democratic Party Liberal 99.4% Write-in -- 0.6% 98.8% 4-3 11.8% None
2005 Ann Walsh Bradley
(incumbent)
Democratic Party Liberal 99.6% Write-in -- 0.4% 99.2% 4-3 17.1% State Superintendent of Public Instruction


2020

Main article: Wisconsin Supreme Court elections, 2020

General election

General election for Wisconsin Supreme Court

Jill Karofsky defeated incumbent Daniel Kelly in the general election for Wisconsin Supreme Court on April 7, 2020.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg
Jill Karofsky (Nonpartisan)
 
55.2
 
855,573
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg
Daniel Kelly (Nonpartisan)
 
44.7
 
693,134
 Other/Write-in votes
 
0.1
 
990

Total votes: 1,549,697
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Nonpartisan primary election

Nonpartisan primary for Wisconsin Supreme Court

Incumbent Daniel Kelly and Jill Karofsky defeated Edward A. Fallone in the primary for Wisconsin Supreme Court on February 18, 2020.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg
Daniel Kelly (Nonpartisan)
 
50.1
 
352,876
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg
Jill Karofsky (Nonpartisan)
 
37.2
 
261,783
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Ed_Fallone.jpg
Edward A. Fallone (Nonpartisan) Candidate Connection
 
12.7
 
89,184

Total votes: 703,843
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

2019

See also: Wisconsin Supreme Court elections, 2019

Wisconsin Court of Appeals Judge Brian Hagedorn defeated Wisconsin Court of Appeals Judge Lisa Neubauer in the nonpartisan election for a 10-year term on the Wisconsin Supreme Court on April 2, 2019. Hagedorn won with 50% support. The seat was previously held by Justice Shirley Abrahamson, a member of the court's 4-3 liberal minority at the time of the election. Abrahamson did not run for re-election.

Although the election was officially nonpartisan, groups associated with the Democratic Party tended to support Neubauer while groups associated with the Republican Party tended to support Hagedorn.

General election

General election for Wisconsin Supreme Court

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Brian-Hagedorn.jpg
Brian Hagedorn (Nonpartisan)
 
50.2
 
606,414
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Screen_Shot_2019-02-21_at_5.42.08_PM.png
Lisa Neubauer (Nonpartisan)
 
49.7
 
600,433
 Other/Write-in votes
 
0.1
 
722

Total votes: 1,207,569
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

2018

See also: Wisconsin Supreme Court elections, 2018

Milwaukee County Circuit Judge Rebecca Dallet won the nonpartisan election for a 10-year term on the Wisconsin Supreme Court against Sauk County Circuit Judge Michael Screnock on April 3, 2018. Dallet won with 56 percent support. The seat was previously held by Justice Michael Gableman, a member of the court's 5-2 conservative majority at the time of the election, who did not seek re-election.

Although the election was officially nonpartisan, groups associated with the Democratic Party tended to support Dallet while groups associated with the Republican Party tended to support Screnock.

Wisconsin Supreme Court, 2018
Candidate Vote % Votes
Green check mark transparent.png Rebecca Dallet 55.72% 555,848
Michael Screnock 44.19% 440,808
Total Votes (3880/3880 precincts) 996,656
Source: Wisconsin Elections Commission


Earlier results


Political composition

This is the political composition of the supreme court heading into the 2023 election. Justices are selected in nonpartisan elections. In the case of a mid-term vacancy, the governor appoints a replacement.

Brian Hagedorn Elected in 2019
Ann Walsh Bradley Elected in 1995, 2005, and 2015
Patience Roggensack Elected in 2003 and 2013
Annette Ziegler Elected in 2007 and 2017
Rebecca Dallet Elected in 2018
Rebecca Bradley Appointed by Scott Walker (R) in 2015, elected 2016
Jill Karofsky Elected in 2020

Selection

See also: Nonpartisan election of judges

The seven justices of the Wisconsin Supreme Court are elected in nonpartisan elections. Justices serve 10-year terms.[78][79] In the event of a midterm vacancy, the governor appoints a replacement. If the vacancy occurs after that year's spring election and on or before December 1 of the same year, the appointee must stand for election in the next succeeding spring election in which no other justice is to be elected. If the vacancy occurs after December 1 but before the following spring's election, the appointee must stand for election in the next spring election—beginning with the second spring election from the time of the appointment—in which no other justice is to be elected.[78][79]

The governor solicits recommendations from an Advisory Council on Judicial Selection in making his or her appointments, but is not required to choose one of the suggested appointees.[78][80]

Qualifications

To serve on the supreme court, a justice must be:

  • a qualified elector in the state; and
  • licensed to practice law in the state for at least five years immediately prior to appointment or election to the court.[78]

Selection of the chief judge

The chief justice of the supreme court is elected by a majority of the justices serving on the Court to serve a two-year term.

2023 battleground elections

See also: Battlegrounds

This election was a battleground race. Other 2023 battleground elections included:


See also

Wisconsin Judicial Selection More Courts
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Courts in Wisconsin
Wisconsin Court of Appeals
Wisconsin Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Wisconsin
Federal courts
State courts
Local courts

External links

Footnotes

  1. In heated Wisconsin Supreme Court debate, candidates tangle over 'fake elector' scheme, "NBC," March 21, 2023
  2. Wisconsin Public Radio, "Milwaukee County Judge Janet Protasiewicz announces candidacy for state Supreme Court," May 25, 2022
  3. The Hill, "Five races to watch in 2023," December 7, 2022
  4. Wisconsin State Journal, "Here's why the Wisconsin Supreme Court race matters," November 26, 2022
  5. Spectrum News 1, "The campaigns aren't over yet, as the focus shifts to a high-stakes Supreme Court race in Wisconsin," November 14, 2022
  6. 6.0 6.1 Wisconsin Public Radio, "Wisconsin's next partisan battle will be over the balance of power on its Supreme Court," December 1, 2022
  7. The Cap Times, "Devin LeMahieu endorses Jennifer Dorow in Wisconsin Supreme Court race," January 5, 2023
  8. Wisconsin Examiner, "Attempting to shift balance, Janet Protasiewicz says she’ll bring fairness to state Supreme Court," December 12, 2022
  9. Spectrum News 1, "Wisconsin's race for state Supreme Court heats up as the field of candidates grows," November 30, 2022
  10. WISN Channel 12, "Wisconsin Supreme Court race," January 1, 2023
  11. PBS Wisconsin, "Meet the candidates running in the 2023 Wisconsin Supreme Court primary," January 4, 2023
  12. Spectrum News, "I think the public should know what our values are: Judge Janet Protasiewicz explains her bid for Supreme Court," February 14, 2023
  13. AP: Daniel Kelly and Judge Janet Protasiewicz advance to April's Wisconsin Supreme Court race," February 22, 2023
  14. WisPolitics, "Kelly campaign: Daniel Kelly launches his campaign to serve on the Wisconsin Supreme Court," September 8, 2022
  15. 15.0 15.1 NBC News, "In heated Wisconsin Supreme Court debate, candidates tangle over 'fake elector' scheme," March 21, 2023
  16. WisPolitics, "Kelly, Protasiewicz trade barbs in only Supreme Court debate," March 21, 2023
  17. WisPolitics, "Protasiewicz campaign: Judge Janet Protasiewicz announces endorsement of Justice Rebecca Dallet," May 31, 2022
  18. WisPolitics, "Justice Ann Walsh Bradley: Endorses Judge Janet Protasiewicz for Wisconsin Supreme Court," February 7, 2023
  19. WisPolitics, "Justice Karofsky: Endorses Judge Protasiewicz for Wisconsin Supreme Court," February 22, 2023
  20. Emily's List, "EMILYs List Endorses Janet Protasiewicz for Wisconsin Supreme Court," February 9, 2023
  21. WisPolitics, "Kelly campaign: Judicial conservatives Justice Rebecca Bradley & Judge Shelley Grogan endorse Daniel Kelly," November 14, 2022
  22. PBS Wisconsin, "Kelly's work for anti-abortion group raised in 2023 Wisconsin Supreme Court race," Associated Press, 2023
  23. WisPolitics, "WisPolitics review: Spending in Supreme Court race surpasses $45 million," March 24, 2023
  24. 24.0 24.1 NBC, "Cash bail could play a big role in a crucial Wisconsin election," February 28, 2023
  25. New York Times, "Wisconsin Supreme Court Election Results," April 4, 2023
  26. Twitter, "Scott Bauer," March 28, 2023
  27. State of Wisconsin Ethics Commission, "Campaign Finance: Filing Calendar," accessed January 19, 2023
  28. WPR, "Daniel Kelly-Campaign Finance Report," March 28, 2023
  29. WPR, "Janet Protasiewicz-Campaign Finance Report," March 28, 2023
  30. WisPolitics, "Kelly campaign: Announces endorsement of Wisconsin Supreme Court Chief Justice Annette Ziegler, additional judicial endorsements," March 27, 2023
  31. WisPolitics, "Supreme Court race spending tops $37 million," March 24, 2023
  32. 32.0 32.1 <WisPolitics, "Watch: State Supreme Court debate with Kelly, Protasiewicz," accessed March 21, 2023 Cite error: Invalid <ref> tag; name "WPdebate" defined multiple times with different content
  33. The Hill, "Gun safety advocacy group launches $500K ad targeting Daniel Kelly in Wisconsin judicial race," March 20, 2023
  34. The New York Times, "In Wisconsin, Liberals Barrage Conservative Court Candidate With Attack Ads," March 15, 2023
  35. Twitter, "Hillary Clinton," March 14, 2023
  36. WisPolitics, "Wisconsin Supreme Court race spending tops $24 million," March 8, 2023
  37. WisPolitics, "Protasiewicz, Kelly to meet for one debate; former justice knocks rival for not agreeing to more," March 6, 2023
  38. WisPolitics, "Justice Karofsky: Endorses Judge Protasiewicz for Wisconsin Supreme Court," February 22, 2023
  39. Judge Jennifer Dorow for Supreme Court, "Than you all!" February 22, 2023
  40. The Hill, "Gun safety advocacy group launches $500K ad targeting Daniel Kelly in Wisconsin judicial race," March 20, 2023
  41. 41.0 41.1 WisPolitics, "Fair Courts America: Launching TV ad in Wisconsin supporting Dan Kelly," February 2, 2023
  42. 42.0 42.1 WisPolitics, "WED PM Update: Spending in SCOWIS primary tops $5 million," February 8, 2023
  43. OpenSecrets.org, "Outside Spending," accessed December 12, 2021
  44. OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed December 12, 2021
  45. Amee LaTour, Email correspondence with the Center for Responsive Politics, August 5, 2022
  46. The Hill, "Gun safety advocacy group launches $500K ad targeting Daniel Kelly in Wisconsin judicial race," March 20, 2023
  47. The New York Times, "In Wisconsin, Liberals Barrage Conservative Court Candidate With Attack Ads," March 15, 2023
  48. WisPolitics, "Wisconsin Supreme Court race spending tops $24 million," March 8, 2023
  49. WisPolitics, "Wisconsin’s Supreme Court race already most expensive in U.S. history," February 28, 2023
  50. WisPolitics, "Susan B. Anthony Pro-Life America, Women Speak Out PAC: America’s leading pro-life group commits six figures in support of Daniel Kelly for Supreme Court," February 14, 2023
  51. WisPolitics, "Kelly to face Protasiewicz in state Supreme Court race," February 21, 2023
  52. WisPolitics, "Fair Courts America: Launches large radio ad in Wisconsin supporting Dan Kelly," January 25, 2023
  53. WisPolitics, "Fair Courts America: Statement on upcoming Wisconsin Supreme Court race," November 17, 2022
  54. 54.0 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  55. Milwaukee Journal Sentinel, 5 takeaways from the only Supreme Court election debate. Daniel Kelly and Janet Protasiewicz take the gloves off.," March 21, 2023
  56. The Cap Times, Madison voting guide: Wisconsin Supreme Court, mayor and more," March 22, 2022
  57. Bloomberg, "Abortion Ads Help Drive Most Expensive Court Race in US History," March 24, 2022
  58. Politico, "The biggest election of 2023 reaches final sprint," February 27, 2023
  59. 59.0 59.1 CNN, "Record-breaking Wisconsin Supreme Court race could decide abortion rights and 2024 rules in key battleground," March 22, 2023
  60. What the Wisconsin Supreme Court race could mean for the state's Republican-drawn redistricting maps, "Wisconsin Public Radio," March 21, 2023
  61. Daily Kos, "Daily Kos Elections' presidential results by congressional district for 2020, 2016, and 2012," accessed September 9, 2022
  62. Progressive Party
  63. Wisconsin State Legislature, "Text of SJR 2," accessed January 5, 2023
  64. Wisconsin State Legislature, "Text of SJR 2," accessed January 5, 2023
  65. Wisconsin State Legislature, "Senate Joint Resolution 4," accessed January 18, 2023
  66. Wisconsin Elections Commission, "Candidate Tracking by Office, 2017 Spring Election - 4/4/2017," accessed January 5, 2017
  67. WEAU.com, "Walker appoints Appeals Judge Bradley to WI High Court," October 9, 2015
  68. Wisconsin State Journal, "Scott Walker appoints Rebecca Bradley to Supreme Court," October 10, 2015
  69. AP, "Wisconsin Summary Vote Results," accessed April 6, 2016
  70. Wisconsin Government Accountability Board, "Election Results," accessed April 6, 2016
  71. Wisconsin Government Accountability Board, "Candidates Registered 2015 Spring Election," January 8, 2015
  72. Wisconsin Election Commission, "2015 Spring Election Results," accessed September 19, 2019
  73. Fox 6 News, Ann Walsh Bradley elected to a third term on Wisconsin Supreme Court, defeating James Daley," April 7, 2015
  74. Wisconsin Court System, "Justice Ann Walsh Bradley," accessed February 13, 2015
  75. Wisconsin Court System, "Wisconsin Supreme Court selects chief judges," June 28, 2013
  76. Wisconsin Government Accountability Board, "Results of Spring General Election," April 7, 2009
  77. Wisconsin Court System, "Supreme Court," accessed September 18, 2014
  78. 78.0 78.1 78.2 78.3 American Judicature Society, "Methods of Judicial Selection: Wisconsin," archived October 3, 2014
  79. 79.0 79.1 Wisconsin State Legislature, "Statutes, Chapter 8.50(4)(f)," accessed December 16 2016
  80. Milwaukee Journal-Sentinel, "Walker's approach to the judiciary," September 21, 2013