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Election legislation roundup: Wisconsin State Assembly

As of May 28, Ballotpedia has tracked seven election-related bills in the Wisconsin State Assembly since the beginning of the year. Of the seven, Ballotpedia tracked one from May 22-28. A bipartisan group of legislators sponsored the bill. The bill is below:

  • WI AB283: Aids to counties and municipalities for certain special election costs and making an appropriation, click hyperlinked bill for list of sponsors.
    • As introduced, this bill provides that the commission will reimburse counties and municipalities for the costs of administering a special primary or election for state office.

During the week of May 22-28, Ballotpedia tracked 14 House election-related bills nationally. As of May 28, Ballotpedia has tracked 1,398 House bills nationally. Ballotpedia tracked the most House bills this year in the Texas House of Representatives with 184, while Ballotpedia tracked the fewest House bills in Massachusetts and Ohio with one.

As of May 28, Ballotpedia has tracked 613 House bills in Democratic trifectas and 617 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 168 House bills in states where neither party holds trifecta control.

The Wisconsin Assembly is scheduled to be in session from Jan. 3 to Dec. 31 this year. In 2022, Ballotpedia tracked 45 House bills related to election administration. One of these bills passed both chambers and was enacted into law. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Wisconsin Supreme Court issues three opinions from May 15-21

The Wisconsin Supreme Court issued three opinions from May 15-21. As of May 21, the court issued 34 opinions in 2023 — 10 more than this point a year ago. The three opinions are below: 

  • Fleming v. Amateur Athletic Union of United States, Inc., where the court “affirmed the order of the circuit court dismissing Femala Fleming’s action against Amateur Athletic Union of the United States, Inc. (AAU) as untimely under Wis. Stat. 893.54, holding that Fleming’s negligence claim against AAU was not timely filed.”
  • State v. Johnson, where the court “overruled State v. Shiffra, 499 N.W.2d 719 (Wis. Ct. App. 1993), which created a process by which a criminal defendant could obtain a limited review by way of in camera review by the court of a victim’s privately-held, otherwise privileged health records, holding that Shiffra is unsound in principle and unworkable in practice and has been undermined by developments in the law.”
  • Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, where the court “held that the challenges to the victim’s rights amendment termed ‘Marsy’s Law’ that was brought by Wisconsin Justice Initiative, Inc. and several citizens (WJI) failed and that the amendment was validly ratified and properly part of the Wisconsin Constitution.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Election legislation roundup: Wisconsin State Senate

As of May 21, Ballotpedia has tracked nine election-related bills in the Wisconsin State Senate since the beginning of the year. Of the nine, Ballotpedia tracked three from May 15-21. A bipartisan group of legislators sponsored two bills, while Republicans sponsored one. The three bills are below:   

  • WI SB278: Aids to counties and municipalities for certain special election costs and making an appropriation, Reps. Marisabel Cabrera (D), Sylvia Ortiz-Velez (D), Lisa Subeck (D), Elijah Behnke (R), Janel Brandtjen (R), James Edming (R), Scott Krug (R), Gae Magnafici (R), David Murphy (R), Shae Sortwell (R), and David Steffen (R) and Sens. Mark Spreitzer (D), Lena Taylor (D), and Andre Jacque (R).
    • As introduced, this bill provides that the commission will reimburse counties and municipalities the costs incurred in administering certain special primaries or special elections for state office.
  • WI SB286: The number of signatures on nomination papers, Reps. Clinton Anderson (D), Deb Andraca (D), Marisabel Cabrera (D), Sue Conley (D), Alex Joers (D), Sylvia Ortiz-Velez (D), Christine Sinicki (D), Shelia Stubbs (D), Lisa Subeck (D), Scott Allen (R), Ty Bodden (R), Janel Brandtjen (R), Rick Gundrum (R), Nate Gustafson (R), David Murphy (R), Shae Sortwell (R), and Paul Tittl (R) and Sens. Tim Carpenter (D), Mark Spreitzer (D), Lena Taylor (D), Joan Ballweg (R), Rachael Cabral-Guevara (R), Jesse James (R), and Cory Tomczyk (R).
    • As introduced, this bill directs election officials to examine all signatures on nomination papers, including beyond the number of required signatures, to determine if the candidate has sufficient signatures to be on the ballot.
  • WI SB292: Filing a complaint with the Elections Commission, Reps. Scott Allen (R), David Armstrong (R), Elijah Behnke (R), Ty Bodden (R), Janel Brandtjen (R), Nate Gustafson (R), Dave Maxey (R), and David Murphy (R) and Sens. Joan Ballweg (R), Andre Jacque (R), Stephen Nass (R), Romaine Quinn (R), and Duey Stroebel (R). 
    • As introduced, this bill allows the adult child or parent of a voter, in addition to the voter him or herself, to file a complaint with the commission regarding an election official taking action inconsistent with the law.

During the week of May 15-21, Ballotpedia tracked 26 Senate election-related bills nationally. As of May 21, Ballotpedia has tracked 963 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 147, while Ballotpedia tracked the fewest Senate bills in the Massachusetts State Senate with zero.

As of May 21, Ballotpedia has tracked 447 Senate bills in Democratic trifectas and 398 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 118 Senate bills in states where neither party holds trifecta control.

The Wisconsin Senate is scheduled to be in session from Jan. 3 to Dec. 31 this year. In 2022, Ballotpedia tracked 37 Senate bills related to election administration. Two of these bills passed both chambers and both were enacted into law. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Governor Tony Evers (D) issues three executive orders from May 8-14

Wisconsin Gov. Tony Evers (D) issued three executive orders from May 8-14. As of May 14, Evers has issued 20 executive orders in 2023 — seven more than he did at this point a year ago. The orders are: 

  • Executive Order #199, where the governor ordered that the flag of the United States and the flag of the state of Wisconsin be flown at half-staff as a mark of respect for St. Croix County Sheriff’s Deputy Kaitie Leising.
  • Executive Order #200, where the governor ordered that the flag of the United States and the flag of the state of Wisconsin be flown at half-staff in honor of Hmong-Lao veterans.
  • Executive Order #201, where the governor ordered that the flag of the United States and the flag of the state of Wisconsin be flown at half-staff as a mark of respect for peace officers who have given their lives in the line of duty.

Governors use executive orders to manage executive branch operations. During the week of May 8-14, the nation’s governors issued 18 executive orders. Evers issued the most with three. Governors in 36 states issued the fewest orders with zero. Republican governors issued 10 of the 18 orders, while Democratic governors issued eight.

Evers has served as governor since Jan. 7, 2019. He issued 31 executive orders in 2022 and 49 in 2021. Nationally, governors issued at least 1,565 executive orders in 2022. Governors have issued 591 executive orders in 2023. Republican governors issued 386, while Democratic governors issued 205. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Wisconsin Supreme Court issues one opinion from May 8-14

The Wisconsin Supreme Court issued one opinion from May 8-14. As of May 14, the court issued 31 opinions in 2023 — eight more than this point a year ago. The opinion is below:

From May 8-14, state supreme courts issued 110 opinions nationally. The North Dakota Supreme Court issued the most with 12. State supreme courts in 20 states issued the fewest with zero. Courts where judges are elected have issued 68 opinions, while courts whose members are appointed have issued 42.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,474 opinions in 2023. Courts where judges are elected have issued 1,390 opinions, while courts whose members are appointed have issued 1,084. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Governor Tony Evers (D) issues three executive orders from May 1-7

Wisconsin Gov. Tony Evers (D) issued three executive orders from May 1-7. As of May 7, Evers has issued 17 executive orders in 2023 — six more than he did at this point a year ago. The orders are:

  • Executive Order #196, where the governor ordered flags to be flown at half-staff as a mark of respect for Army Air Forces First Lieutenant Roy Coulson Harms.
  • Executive Order #197, where the governor ordered flags to be flown at half-staff as a mark of respect for the firefighters of Wisconsin who have died in the line of duty.
  • Executive Order #198, where the governor ordered a special election for Wisconsin State Assembly District 24.

Governors use executive orders to manage executive branch operations. During the week of May 1-7, the nation’s governors issued 26 executive orders. Florida Gov. Ron DeSantis (R) issued the most with 16. Governors in 41 states issued the fewest orders with zero. Republican governors issued 19 of the 26 orders, while Democratic governors issued seven.

Evers has served as governor since Jan. 7, 2019. He issued 31 executive orders in 2022 and 49 in 2021. Nationally, governors issued at least 1,558 executive orders in 2022. Governors have issued 568 executive orders in 2023. Republican governors issued 371, while Democratic governors issued 197. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Wisconsin Supreme Court issues two opinions from May 1-7

The Wisconsin Supreme Court issued two opinions from May 1-7. As of May 7, the court issued 30 opinions in 2023 — nine more than this point a year ago. One of two opinions is below: 

  • Gahl v. Aurora Health Care, Inc., where the court “affirmed the decision of the court of appeals reversing the circuit court’s issuance of an injunction compelling Aurora Health Care, Inc. to administer Ivermectin to Petitioner’s uncle (Patient), holding that the circuit court abused its discretion in issuing the injunction without analyzing Petitioner’s reasonable probability of success on the merits.”

From May 1-7, state supreme courts issued 156 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 22. State supreme courts in Illinois, Kentucky, Maine, Maryland, Michigan, New York, North Carolina, North Dakota, South Carolina, and South Dakota issued the fewest with zero. Courts where judges are elected have issued 91 opinions, while courts whose members are appointed have issued 65.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,357 opinions in 2023. Courts where judges are elected have issued 1,315 opinions, while courts whose members are appointed have issued 1,042. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Wisconsin Supreme Court issues three opinions from April 24-30

The Wisconsin Supreme Court issued three opinions from April 24-30. As of April 30, the court issued 28 opinions in 2023 — eight more than this point a year ago. The three opinions are below:

  • Office of Lawyer Regulation v. Kevin R. Rosin, where the court suspended the law license of Kevin Rosin for one year effective on May 25, 2023.
  • Green Bay Professional Police Ass’n v. City of Green Bay, where the court “affirmed the judgment of the arbitrator concluding that the Green Bay Police Department had cause to discipline Andrew Weiss for violating several policies of the Green Bay Police Department and demoted him from his position as a detective to a patrol officer, holding that the arbitrator did not exceed his powers.”
  • Neil J. Rennick v. Teleflex Medical Incorporated, where the court affirmed the decision of the Court of Appeals reinstating the plaintiff’s complaint against Teleflex Medical Incorporated and remanded the case to the Circuit Court for Milwaukee County for further proceedings.

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Wisconsin Assembly passes unemployment insurance indexing bill

Wisconsin lawmakers on April 25 passed several bills related to unemployment insurance, including one that would index the length of unemployment insurance benefits to the state’s unemployment rate. Assembly Bill 153 would reduce the maximum number of benefit weeks to 14 during times when the unemployment rate is at or below 3.5%. The bill also proposes capping the maximum benefit length at 26 weeks during times when the unemployment rate is more than 9%.

Wisconsin’s current maximum benefit length is 26 weeks, and the state’s unemployment rate in February was 2.7%, according to preliminary data from the Wisconsin Department of Workforce Development (DWD). The maximum weekly benefit would fall by 12 weeks (from 26 weeks to 14 weeks) if the bill becomes law and the unemployment rate remains stable.

The other bills in the package include provisions that propose:

  • Broadening the definition of employment misconduct that would disqualify a fired person from claiming unemployment benefits.
  • Requiring the DWD to create a process through which employers can disclose any known information about unemployment claimants that might disqualify them from benefits eligibility.
  • Changing language referring to unemployment insurance to read reemployment assistance in all relevant state statutes and requiring drug testing for certain claimants.
  • Requiring claimants to prove their identities when filing initial unemployment insurance claims.

The package of bills now advances to the state Senate for consideration. The legislation is similar to a package that Wisconsin Gov. Tony Evers (D) vetoed in the previous legislative session.

Unemployment insurance is a joint federal and state program that provides temporary monetary benefits to eligible laid-off workers who are actively seeking new employment. Qualifying individuals receive unemployment compensation as a percentage of their lost wages in the form of weekly cash benefits while they search for new employment.

The federal government oversees the general administration of state unemployment insurance programs. The states control the specific features of their unemployment insurance programs, such as eligibility requirements and length of benefits.

For information about unemployment insurance programs across the country, click here.

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Governor Tony Evers (D) issues two executive orders from April 17-23

Wisconsin Gov. Tony Evers (D) issued two executive orders from April 17-23. As of April 23, Evers has issued 14 executive orders in 2023—three more than he did at this point a year ago. The orders are:

  • EXECUTIVE ORDER #194, where the governor declared a state of emergency in response to widespread flooding across the state.
  • EXECUTIVE ORDER #195, where the governor created a green ribbon commission to advise the Department of Administration and the Wisconsin Economic Development Corporation on the establishment of an environmental and clean energy fund.

Governors use executive orders to manage executive branch operations. During the week of April 17-23, the nation’s governors issued 43 executive orders. Florida Gov. Ron DeSantis (R) issued the most with 20. Governors in 40 states issued the fewest orders with zero. Democratic governors issued 5 of the 43 orders, while Republican governors issued 38.

Evers has served as governor since Jan. 7, 2019. He issued 31 executive orders in 2022 and 49 in 2021. Nationally, governors issued at least 1,558 executive orders in 2022. Governors have issued 515 executive orders in 2023. Republican governors issued 346, while Democratic governors issued 169. Wisconsin is a divided government, meaning neither party holds trifecta control.

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