Guest Commentary by CCWI Director Jay Heck
Published by the Wisconsin Examiner - May 5, 2025
On April 1 Wisconsin voters decisively voted against unprecedented, massive outside interference in our state Supreme Court election by the nearly $30 million from the richest and second (to Donald Trump) most egotistical person in the world – Elon Musk. In handing Musk’s endorsed candidate, Brad Schimel, a more than 10 percentage point, 269,000-vote drubbing, Wisconsinites rendered the nation a great service by humiliating Musk here and thereby driving him from the corridors of power and influence in Washington D.C. where he has been savaging vital U.S. government services and programs that helped the poorest people in our nation and in the world.
Wisconsin also opted to preserve recent democracy reforms in our state by maintaining the current 4-3 progressive majority on the Court. Fairer and more representative state legislative voting maps and the restoration of the use of secure ballot drop boxes for voters will be preserved and the possibility of new and enhanced political reform is possible in the years immediately ahead either through upholding reforms passed legislatively, through court action, or both.
But what can be done about the obscene amount of political money raised and spent to elect a new Wisconsin Supreme Court Justice in 2025 – as much if not more than $105 million – by far the most amount ever spent in a judicial election in the history of the United States? Wisconsin faces new state supreme court elections every April for the next four years and a continuation of such frenzied and out of control spending for the foreseeable future seems both unbearable and unsustainable.
Voluntary spending limits for Supreme Court candidates with the incentive of providing them with full public financing if they agree to statutory spending limits is a possibility. Wisconsin actually had such a law in place for exactly one Supreme Court election in 2011. The Impartial Justice Act was made possible by passage with overwhelming bipartisan majorities in the Wisconsin Legislature and enactment into law in 2009. In 2011, both candidates for a seat on the high court agreed to the voluntary spending limits of $400,000 each and received full public financing. That campaign was robust, competitive and the result was close, which is what you would expect in Wisconsin. And it cost just a tiny fraction of the more than $100 million that was spent in 2025.
Unfortunately, later in 2011, then-Gov. Scott Walker and the Republican-controlled Wisconsin Legislature defunded the Impartial Justice Act and all other public financing for elections. Four years later, Walker and the GOP completely eviscerated and deformed Wisconsin’s campaign finance laws. They did away with limits on what political parties and outside groups can raise and spend in elections, increased individual campaign contribution limits and, most alarmingly, legalized previously illegal campaign coordination between so-called issue ad spending groups and candidates, which greatly increased opportunities for corruption and undue influence through campaign spending. Disclosure requirements were weakened and, in some instances, dismantled altogether.
In just four short years, Wisconsin was transformed from one of the most transparent, low spending and highly regarded election states in the nation to one of the worst, least regulated special interest-controlled political backwaters in the nation, akin to Texas, Louisiana or Florida.
This current corrupt status quo will remain in place for the upcoming state Supreme Court elections in 2026, 2027, 2028 and 2029 unless the governor, Legislature and the Wisconsin Supreme Court take action and do the following:
- Re-establish an “impartial justice” law for the public financing of state Supreme Court elections modeled after the 2009 law which was in place for only one election before it was repealed. Update and revise it to better fit current times and circumstances including more realistic spending limits and higher public financing grants.
- Establish clear recusal rules for judges at all levels in Wisconsin that clearly decree that if a certain campaign contribution is reached or surpassed beyond a certain threshold amount, then the beneficiary of that contribution (or of the expenditure against her/his opponent) must recuse from any case in which the contributor is a party before the court.
- Restore sensible limitations on the transfer of and acceptance of campaign funds and make illegal again campaign coordination between outside special interest groups engaged in issue advocacy with all candidates for public office — particularly judges.
- Petition the U.S. Supreme Court to reverse the disastrous 2010 Citizens United vs F.E.C. decision which ended over 100 years of sensible regulation of unlimited corporate, union and other outside special interest money in federal and by extension state elections, unleashing the torrential flood of campaign cash drowning democracy today.
These are common-sense, achievable reforms that, if enacted into law, would go a long way toward restoring desperately needed public confidence in the fairness, impartiality and trust in Wisconsin’s courts and in particular, our Wisconsin Supreme Court which was regarded as the model for the nation and the best anywhere a quarter century ago. But it will take determined action by all three branches of Wisconsin’s state government working together with the voters to uphold election integrity and curb corruption in a way all of us can embrace.
Ultimately, of course, it’s up to us, the voters, to hold our governmental institutions accountable and ensure that they work for us instead of for their own narrow interests and those of the donor class. In this critical season of resistance and defiance against tyranny — speak up, make noise and ensure that your voice is heard. Demand real reform and an end to the corruption of our representative government.
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