On December 22, 2023, the Wisconsin Supreme Court ruled 4-3 that Wisconsin’s legislative maps as currently drawn violate the state constitution and must be redrawn in time for the 2024 election. In a separate order, the court asked for remedial legislative district maps from the parties to the lawsuit by January 12, along with expert evidence and an explanation of how the proposed maps comply with the principles outlined in the court’s opinion by February 8. The Wisconsin Elections Commission said the new maps must be in place by March 15. 

The December ruling stems from a lawsuit filed by a group of Democratic voters in August 2023, with plaintiffs arguing the majority of the state’s districts violate a requirement in the state constitution because the districts are not contiguous, meaning they include pieces of land that are not connected. 

In 2022, the court selected GOP-drawn maps over lines proposed by Gov. Tony Evers, frustrating Democrats who have long believed the Wisconsin Legislature is tilted severely in favor of Republicans. 

Politics of redistricting  

Since 2011, Democrats have argued that Wisconsin legislative districts are heavily gerrymandered in favor of the Republicans. Republicans currently have a 22-11 supermajority in the state Senate and a strong 64-35 majority in the state Assembly, even though the state’s electorate is almost evenly divided in statewide presidential and gubernatorial elections. Fewer than 23,000 votes have divided four of the last six presidential races, with the state voting for President Trump in 2016 and President Biden in 2020. 

The redistricting lawsuit was filed a day after the court’s majority flipped to 4-3 liberal control in August when Justice Janet Protasiewicz joined the court after her April 2023 victory over conservative Dan Kelly. Protasiewicz called the Republican-drawn maps “rigged” during her campaign and sided with the other liberal justices in striking down the current maps.

REALTOR^® impact

The WRA is not and never has been involved in the redistricting process; instead, that is a fight between the legislature, governor and the courts. But we are heavily involved in state legislative elections because elections have consequences and it’s critically important to support candidates on both sides who support the real estate industry.

For decades, the WRA and local board members and staff have vetted candidates in all legislative elections to evaluate the candidates’ support for the industry and financially support the candidates who support WRA issues. If new maps are approved and in place by March 15, the composition of the next legislature could be significantly different. Under new maps designed to be more friendly to legislative Democrats, the WRA’s legislative agenda could be dramatically different. 

Over the last 11 years, the WRA staff and members worked hard to politically support candidates who made it possible to pass legislation that included the Homeowners Bill of Rights, the right to rent your home, prohibit time of sale requirements, reform landlord-tenant law, reduce property taxes and preserve private property rights. 

The WRA and members will have to work hard in this year’s election to find and support candidates who support our industry, and hopefully redrawn maps will not make this process more difficult. Only time will tell.