Wisconsin Republicans Won’t Pursue State Supreme Court Lawsuit to use New Boundaries, Instead of Old Boundaries, for State Senate Recalls

According to this story, on December 2, Republicans in Wisconsin withdrew a pending lawsuit in the State Supreme Court over whether old legislative district boundaries, or new legislative district boundaries, should be used if there are any more legislative recall petitions filed in the next few weeks. Therefore, the old boundaries will be used. However, there is a second Republican Party lawsuit on this issue pending in a lower state court which hasn’t been withdrawn yet.


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Wisconsin Republicans Won’t Pursue State Supreme Court Lawsuit to use New Boundaries, Instead of Old Boundaries, for State Senate Recalls — 2 Comments

  1. One issue in the redistricting suit is whether the senate districts violate equal protection. Like in California, half of senators are elected every two years. The districts are based on their number. So if District 7 elected a senator in 2008, it would elect a senator in 2012, even if District 7 has different boundaries, and many of its new constituents had elected senators in another district in 2010.

    So some voters elect in
    2008 and 2012
    2010 and 2014
    2008 and 2014 (so they have no senator for 2 years)
    2010 and 2012 (so they have 2 senators)

    If the legislature had melted down in 2013 (after redistricting), this would have presented some very interesting issues. Wisconsin does not permit recalls until after someone has been in office for one year. The recall elections last year were for senators elected in 2008. The upcoming ones will be those elected in 2010.

    Had this happened in 2013, the 2010 districts would no long exist in any real sense. Election precincts would have been conformed to the new reapportionment. Everything would have had to be reconstructed back to the old boundaries, including who might sign petitions.

    By dropping the issue with respect to the recalls, the Republicans are hoping it will also be dropped with respect to redistricting. Republicans must figure that the new district boundaries are more beneficial having in place for the next 10 years, than the benefit they might give them in a recall election. Every senator subject to recall was elected from their district, and presumably still have significant support.

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