Wisconsin Supreme Court elections, (February 21, 2023 primary)

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Janet Protasiewicz and Daniel Kelly advanced from the nonpartisan primary for Wisconsin Supreme Court on February 21, 2023, defeating Jennifer Dorow and Everett Mitchell. The nonpartisan general election was held on April 4, 2023. This page covers the primary election. For coverage of the general election, click here.

Justice Patience Roggensack's term expired on July 31, 2023. Roggensack did not run for re-election.[1]

While supreme court elections are officially nonpartisan, the court was considered to have a 4-3 conservative majorityheading into the election.[2][3][4][5] With Roggensack—a member of the court's conservative majority—retiring, the general election determined the ideological control of the court. According to the Milwaukee Journal Sentinel's Corrinne Hess, "[Protasiewicz and Mitchell ran] as liberal candidates. Kelly and Dorow [ran] as conservative candidates."[6]

Wisconsin reporters and political commentators identified abortion policy, election administration, and legislative redistricting as some of the legal issues the court could address following the election.[5][7][8][9][10][11] The Wisconsin State Journal's Alexander Shur wrote in January 2023, "With the court’s ideological balance up for grabs, the candidate elected in April will play a decisive role in upcoming cases that may include the legality of Wisconsin’s near-complete 1849 abortion ban, fights over legislative redistricting and the power of the executive branch in administering laws."[12] As of 2023, Wisconsin had a divided government where neither party held a trifecta. The governor was Democrat Tony Evers, while the Republican Party controlled both chambers of the state legislature.

Protasiewicz was first elected to the Milwaukee County Circuit Court in 2014. Protasiewicz said, "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."[13] Justice Rebecca Dallet endorsed Protasiewicz in May 2022, and Justice Ann Walsh Bradley endorsed Protasiewicz in February 2023.[14][15]

Kelly previously served on the supreme court from 2016—when Gov. Scott Walker (R) appointed him to fill a vacancy—to 2020. 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."[16] Justice Rebecca Bradley endorsed Kelly in November 2022.[17]

Dorow joined the Waukesha County Circuit Court in 2012 after being appointed by Walker. Dorow said, "We must replace Justice Roggensack with a judicial conservative who will fairly and faithfully apply the law as written to the facts of the cases that come before the court."[18] Roggensack endorsed Dorow in January 2023.[19]

Mitchell, who was first elected to the Dane County Circuit Court in 2016, said, "[P]reserving the integrity and independence of the court has never been more important. ... Wisconsinites deserve a justice who has the highest respect for the Wisconsin Constitution and is committed to ensuring that the Wisconsin Supreme Court is an instrument of balance and justice rather than partisan divide."[20] Former Justice Louis Butler endorsed Mitchell in June 2022.[21]

University of Wisconsin-LaCrosse political analyst Anthony Chergosky said in November 2022 that the entrance of a fourth candidate "injected [the race] with a lot of unpredictability," noting the possibility of two conservative or two liberal candidates advancing to the general election.[22] WKOW TV Capitol Bureau Chief A.J. Bayatpour and Cap Times Capitol Bureau Chief Jessie Opoien each said in January 2023 that they did not think it was likely that two conservative or two liberal candidates would advance.[10]

Heading into the 2020 election, the court had a 5-2 conservative majority. In that election, liberal Jill Karofsky defeated Kelly 55.2% to 44.7%. Click here for more information about past supreme court elections.

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.

Election news

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 Janet Claire Protasiewicz
Janet Claire Protasiewicz (Nonpartisan)
 
55.4
 
1,021,822
Image of Daniel Kelly
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.

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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 Janet Claire Protasiewicz
Janet Claire Protasiewicz (Nonpartisan)
 
46.4
 
446,403
Image of Daniel Kelly
Daniel Kelly (Nonpartisan)
 
24.2
 
232,751
Image of Jennifer Dorow
Jennifer Dorow (Nonpartisan)
 
21.9
 
210,100
Image of Everett Mitchell
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.

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Voting information

See also: Voting in Wisconsin

Election information in Wisconsin: Feb. 21, 2023, election.

What was the voter registration deadline?

  • In-person: Feb. 17, 2023
  • By mail: Postmarked by Feb. 1, 2023
  • Online: Feb. 1, 2023

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

N/A

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

  • In-person: Feb. 19, 2023
  • By mail: Received by Feb. 16, 2023
  • Online: Feb. 16, 2023

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

  • In-person: Feb. 21, 2023
  • By mail: Received by Feb. 21, 2023

Was early voting available to all voters?

Yes

What were the early voting start and end dates?

Feb. 7, 2023 to Feb. 19, 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?

7:00 a.m. - 8:00 p.m. (CST)


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 Jennifer Dorow

WebsiteFacebookTwitter

Incumbent: No

Political Office: 

Biography:  Dorow received a bachelor's degree in broadcast communication from Marquette University in 1992 and a J.D. from Regent University School of Law in 1996. Dorow previously worked as a Waukesha County assistant district attorney and as a private practice attorney at Huppertz & Dorow, S.C.



Key Messages

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


In her campaign announcement, Dorow said, "I am a judicial conservative who believes it is the job of a judge to apply the law as it is written, to the facts of a case, and not try and bend the Constitution and statutes to what I would like them to say."  


Dorow's campaign website said, "Throughout my career in the law, in whatever capacity I have served, I have consistently been committed to honoring our laws and ensuring that they work fairly for everyone. I love my state and want to bring the skillset and experiences that I have developed for more than two decades in Waukesha County[.]"


Dorow said, "Serving as a Waukesha County circuit court judge for more than 10 years, I have been elected to multiple terms by constituents who depend on me and look to me to uphold constitutional enforcement of our laws[.] ... In addition, the Justices of the Supreme Court have acknowledged my abilities by naming me Chief Judge of Third Judicial District and my peers have selected me as the Chairperson of our state’s Chief Judges."


Show sources

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

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 Everett Mitchell

WebsiteFacebookTwitter

Incumbent: No

Political Office: 

Biography:  Mitchell received a bachelor's degree in mathematics and religious studies from Morehouse College in 2000, master's degrees from Princeton Theological Seminary in 2003 and 2004, and a J.D. from the University of Wisconsin-Madison Law School in 2010. Mitchell previously worked as a Dane County assistant district attorney and as the director of community relations at UW-Madison. As of 2022, Mitchell was an adjunct professor at the UW-Madison Law School and had been a pastor since 2011.



Key Messages

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


In his campaign announcement, Mitchell said, "I’m running for the Wisconsin Supreme Court because preserving the integrity and independence of the court has never been more important. ... Wisconsinites deserve a justice who has the highest respect for the Wisconsin Constitution and is committed to ensuring that the Wisconsin Supreme Court is an instrument of balance and justice rather than partisan divide."


When asked what set him apart from other candidates, Mitchell said, "Justice is not what you say, it's what you do. And my commitment to justice has been about working with men and women in our community to protect our community by bringing people together. A judge need not be separate from the community." 


Mitchell's campaign manager said, "Judge Mitchell knows the people of Wisconsin deserve a Supreme Court that reflects the diversity of thought and experience that our state has. Judge Mitchell will be a Supreme Court Justice who is thoughtful, tough, and fair. Walker-appointees like Dorow and Kelly will be conservative activists determined to take our state backwards."


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.

Jennifer Dorow

February 2, 2023

View more ads here:


Daniel Kelly

Ballotpedia did not come across any campaign ads for Daniel Kelly while conducting research on this election. If you are aware of any ads that should be included, please email us.


Everett Mitchell

View more ads here:


Janet Protasiewicz

February 10, 2023
January 26, 2023
January 26, 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.

January 9 forum

On January 9, 2023, Dorow, Kelly, Mitchell, and Protasiewicz participated in a forum hosted by WisPolitics. The State Bar of Wisconsin and the Wisconsin Institute for Law and Liberty sponsored the forum.[33]

Click on the links below for summaries of the event:

Noteworthy endorsements

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.

Wisconsin Supreme Court election, 2023: Primary endorsements
Endorser Nonpartisan Jennifer Dorow Nonpartisan Daniel Kelly Nonpartisan Everett Mitchell Nonpartisan Janet Claire Protasiewicz
Government officials
U.S. Rep. Glenn Grothman (R)  source      
U.S. Rep. Derrick Van Orden (R)  source      
Judge Brian Blanchard  source      
Justice Ann Walsh Bradley  source      
Justice Rebecca Bradley  source      
Justice Rebecca Dallet  source      
Judge Martin Joseph Donald  source      
Judge Shelley Grogan  source      
Judge Lisa Neubauer  source      
Justice Patience Drake Roggensack  source      
Judge Maxine A. White  source      
Sen. Janet Bewley (D)  source      
Sen. Tim Carpenter (D)  source      
Sen. Majority Leader Devin LeMahieu (R)  source      
Sen. Kelda Roys (D)  source      
Sen. Lena Taylor (D)  source 1 source 2    
Sen. Robert Wirch (D)  source      
Rep. Deb Andraca (D)  source      
Rep. Samba Baldeh (D)  source      
Rep. David Bowen (D)  source      
Rep. Jonathan Brostoff (D)  source      
Rep. Marisabel Cabrera  source      
Rep. Dora Drake (D)  source      
Rep. Gary Hebl (D)  source      
Rep. Francesca Hong (D)  source      
Rep. Tip McGuire (D)  source      
Rep. LaKeshia Myers (D)  source      
Rep. Todd Novak (R)  source      
Rep. Tod Ohnstad (D)  source      
Rep. Sylvia Ortiz-Velez (D)  source      
Rep. Sondy Pope (D)  source      
Rep. Christine Sinicki (D)  source      
Rep. Ken Skowronski (R)  source      
Rep. Mark Spreitzer (D)  source      
Rep. Shelia Stubbs (D)  source      
Rep. Lisa Subeck (D)  source      
Rep. Don Vruwink (D)  source      
Individuals
Frmr. Justice Louis Butler  source      
Frmr. Justice Jon Wilcox  source      
Newspapers and editorials
Daily Kos  source      
Organizations
AFSCME Wisconsin  source      
AFT-Wisconsin  source      
Black Leaders Organizing for Communities  source      
Bricklayers & Allied Craftworkers District Council of Wisconsin  source      
Citizen Action of Wisconsin  source 1 source 2    
Communications Workers of America  source 1 source 2    
EMILY's List  source      
International Brotherhood of Electrical Workers Wisconsin State Conference  source      
North Central States Regional Council of Carpenters  source      
Pro-Life Wisconsin Victory Fund PAC  source      
United Auto Workers Wisconsin State CAP Council  source      
Wisconsin Family Action PAC  source      
Wisconsin Laborers' District Council  source      
Wisconsin Right to Life PAC  source 1 source 2    

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.[35][36]

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.[37]

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 February 14, 2023, Women Speak Out PAC, an affiliate of Susan B. Anthony Pro-Life America, announced it would spend six figures on mailers, phone calls, and text messages supporting Kelly.[23]
  • On February 10, 2023, the Milwaukee Journal Sentinel reported that Conservative Action for America was spending $246,000 on ads supporting Dorow, and Protect our Families was spending $195,000 on ads opposing Dorow.[25]
  • On February 8, 2023, WisPolitics reported that the Wisconsin Alliance for Reform and the Wisconsin Manufacturers & Commerce Issues Mobilization Council were together spending $770,000 to run an ad opposing Protasiewicz in Milwaukee and Green Bay.[26]
  • On February 3, 2023, A Better Wisconsin Together, an affiliate of the group ProgressNow, reported that the group was spending $829,000 on ads opposing Dorow.[27] As of February 21, the group's spending had increased to almost $2.2 million.[28]
  • On February 2, 2023, Fair Courts America announced that it would begin airing a 30-second television ad supporting Kelly on February 3, spending at least $500,000.[29] As of February 21, the group's spending had increased to almost $2.4 million.[28]
  • On January 25, 2023, Fair Courts America announced that it would begin running a 60-second, statewide radio ad supporting Kelly on January 26. The group said it would spend at least $240,000 to run the ad.[30]
  • On November 17, 2022, Fair Courts America spokesman Dan Curry stated, "Fair Courts America is committed to spending millions of dollars to help educate voters in support of Justice Dan Kelly."[38]

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[39]
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[40] 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:[41]

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?[42]

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

The ballot question for the amendment was as follows:[43]

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?[42]

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

The full text of the measure was as follows:[44]

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?"[42]

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 Jill Karofsky
Jill Karofsky (Nonpartisan)
 
55.2
 
855,573
Image of Daniel Kelly
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.
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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 Daniel Kelly
Daniel Kelly (Nonpartisan)
 
50.1
 
352,876
Image of Jill Karofsky
Jill Karofsky (Nonpartisan)
 
37.2
 
261,783
Image of Edward A. Fallone
Edward A. Fallone (Nonpartisan) Candidate Connection
 
12.7
 
89,184

Total votes: 703,843
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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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 Brian Hagedorn
Brian Hagedorn (Nonpartisan)
 
50.2
 
606,414
Image of Lisa Neubauer
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

2017

See also: Wisconsin Supreme Court elections, 2017

Candidates

Annette Ziegler (Incumbent/Unopposed)Green check mark transparent.png
One seat on the Wisconsin Supreme Court was up for election in 2017. Justice Annette Ziegler was elected to the court in 2007 for a 10-year term and needed to stand for re-election in 2017 in order to serve another term. She ran unopposed.[45] Because she was unopposed, the seat did not appear on the ballot in Wisconsin's February primary election but instead appeared only on the ballot for the April 4 general election.

2016

See also: Wisconsin Supreme Court elections, 2016
Wisconsin Supreme Court, Rebecca Bradley's Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Rebecca Bradley Incumbent 52.35% 1,024,892
JoAnne Kloppenburg 47.47% 929,377
Write-in votes 0.19% 3,678
Total Votes (100% Reporting) 1,957,947
Source: Wisconsin Government Accountability Board Official Results

One seat on the Wisconsin Supreme Court was up for election in 2016. Following the death of Justice N. Patrick Crooks on September 21, 2015, Rebecca Bradley was appointed to the Wisconsin Supreme Court by Governor Scott Walker (R) on October 9, 2015. Earlier in September, Crooks had announced his plans to retire at the end of his term.[46] Bradley had already announced a run for Crooks' seat before his death.[47]

Bradley and opponent JoAnne Kloppenburg received the highest number of votes for Bradley's seat in the primary on February 16, 2016, knocking Joe Donald out of the race. Bradley and Kloppenburg then faced each other in the sharply contested April general election. Bradley won. The race had the highest voter turnout for a supreme court race in Wisconsin state history, with over 1,900,000 votes cast.[48][49]

2015

See also: Wisconsin Supreme Court elections, 2015
See also: Wisconsin judicial elections, 2015


 

General election, 2015
Candidate Vote % Votes
Green check mark transparent.png Ann Walsh Bradley Incumbent 58.1% 471,866
James Daley 41.9% 340,632
Total Votes 813,200

[50][51]

One seat was open for election on the Wisconsin Supreme Court in 2015. Incumbent Justice Ann Walsh Bradley defeated Rock County Circuit Court Judge James Daley in the general election on April 7, 2015. Although the election was nonpartisan, Bradley is considered to be part of the liberal minority on the court. If Daley won, conservatives would have held a five-member majority on the seven-member court.[52]

Justice Bradley was elected to the court in 1995 and re-elected in 2005. She previously served as a circuit court judge for 10 years in Marathon County. Judge Daley joined the Rock County Circuit Court since 1989.[53][54]

2013

See also: Wisconsin judicial elections, 2013
CandidateIncumbencyPositionPrimary VoteElection Vote
RoggensackPatience Roggensack    
FalloneEd Fallone No29.8%ApprovedA42.47%   DefeatedA
MegnaVince Megna No6.3% 

One seat was open for election on the Wisconsin Supreme Court in 2013. Incumbent Justice Patience Roggensack defeated law professor Ed Fallone in the general election on April 2, 2013. Although the election was nonpartisan, Roggensack is considered to be a member of the court's conservative majority. If Fallone had won, control of the court would have gone to the liberal wing.

Justice Roggensack was first elected to the court in 2003. She previously served for seven years on the Wisconsin Court of Appeals and for 16 years as an attorney in private practice.

2011

See also: Wisconsin judicial elections, 2011
CandidateIncumbencyPositionPrimary VoteElection Vote
KloppenburgJoAnne Kloppenburg    NoDistrict IV49.70%   DefeatedA
ProsserDavid T. Prosser   ApprovedAYes50.192%   ApprovedA
WinnigJoel Winnig    No 
StephensMarla J. Stephens    No 

One seat was open for election on the Wisconsin Supreme Court in 2011. Incumbent Justice David T. Prosser defeated Assistant Attorney General JoAnne Kloppenburg in the general election on April 5, 2011. Although the election was nonpartisan, Prosser is considered to be a member of the court's conservative majority. If Kloppenburg had won, control of the court would have gone to the liberal wing.

Justice Prosser was first appointed to the court in 1998 by Gov. Tommy Thompson (R) and was elected to a full term in 2001. He had previously served on the Wisconsin Tax Appeals Commission and in the Wisconsin State Assembly.

2009

Candidate Incumbent SeatElection votes Election %
Shirley Abrahamson ApprovedA Yes 473,712 59.6%
Randy Koschnick No 319,706 40.2%

[55]

2008

See also: State Supreme Court elections, 2008

Incumbent Louis Butler was defeated by challenger Michael Gableman.

Candidate Incumbent SeatElection votes Election %
Michael Gableman ApprovedA No 425,101 51.1%
Louis Butler Yes 402,798 48.5%

About the Wisconsin Supreme Court

See also: Wisconsin Supreme Court

The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. Seven justices, selected in nonpartisan elections for 10-year terms, sit on the state's court of last resort. The court has jurisdiction over all other Wisconsin courts and can also hear original actions.[56]

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.[57][58] 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.[57][58]

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.[57][59]

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.[57]

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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External links

Footnotes

  1. Wisconsin Public Radio, "Milwaukee County Judge Janet Protasiewicz announces candidacy for state Supreme Court," May 25, 2022
  2. The Hill, "Five races to watch in 2023," December 7, 2022
  3. Wisconsin State Journal, "Here's why the Wisconsin Supreme Court race matters," November 26, 2022
  4. 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
  5. 5.0 5.1 Wisconsin Public Radio, "Wisconsin's next partisan battle will be over the balance of power on its Supreme Court," December 1, 2022
  6. Milwaukee Journal Sentinel, "Wisconsin Supreme Court candidates weigh in on redistricting in first joint election appearance," December 5, 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. 10.0 10.1 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. Wisconsin State Journal, "Here's who's running for the Wisconsin Supreme Court," January 4, 2023
  13. 13.0 13.1 WisPolitics, "Protasiewicz Campaign: Judge Janet Protasiewicz announces campaign for state Supreme Court," May 25, 2022
  14. 14.0 14.1 WisPolitics, "Protasiewicz campaign: Judge Janet Protasiewicz announces endorsement of Justice Rebecca Dallet," May 31, 2022
  15. 15.0 15.1 WisPolitics, "Justice Ann Walsh Bradley: Endorses Judge Janet Protasiewicz for Wisconsin Supreme Court," February 7, 2023
  16. 16.0 16.1 WisPolitics, "Kelly campaign: Daniel Kelly launches his campaign to serve on the Wisconsin Supreme Court," September 8, 2022
  17. WisPolitics, "Kelly campaign: Judicial conservatives Justice Rebecca Bradley & Judge Shelley Grogan endorse Daniel Kelly," November 14, 2022
  18. 18.0 18.1 Wisconsin Examiner, "Waukesha Co. judge announces run for state Supreme Court," November 30, 2022
  19. 19.0 19.1 Wisconsin State Journal, "Wisconsin Supreme Court candidates pledge to uphold rule of law," January 10, 2023
  20. 20.0 20.1 Wispolitics, "Mitchell campaign: Dane County Judge Everett Mitchell announces candidacy for Wisconsin Supreme Court," June 1, 2022
  21. 21.0 21.1 WisPolitics, "Mitchell campaign: Justice Louis Butler endorses Judge Everett Mitchell for Wisconsin Supreme Court," June 30, 2022
  22. YouTube, "WISN 12 News: Crowded race for Wisconsin's highest court," November 30, 2022
  23. 23.0 23.1 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
  24. State of Wisconsin Ethics Commission, "Campaign Finance: Filing Calendar," accessed January 19, 2023
  25. 25.0 25.1 Milwaukee Journal Sentinel, "Wisconsin's Supreme Court race is expected to top $6 million in spending. And that's just for the primary." updated February 11, 2023
  26. 26.0 26.1 26.2 WisPolitics, "WED PM Update: Spending in SCOWIS primary tops $5 million," February 8, 2023
  27. 27.0 27.1 27.2 WisPolitics, "MON PM Update: Better Wisconsin Together ads knock Dorow on sentencing decisions," February 6, 2023
  28. 28.0 28.1 28.2 28.3 WisPolitics, "Kelly to face Protasiewicz in state Supreme Court race," February 21, 2023
  29. 29.0 29.1 29.2 WisPolitics, "Fair Courts America: Launching TV ad in Wisconsin supporting Dan Kelly," February 2, 2023
  30. 30.0 30.1 WisPolitics, "Fair Courts America: Launches large radio ad in Wisconsin supporting Dan Kelly," January 25, 2023
  31. Ballotpedia News, "Wisconsin State Legislature sends three ballot questions to the April ballot," January 20, 2023
  32. State of Wisconsin Ethics Commission, "Campaign Finance: Filing Calendar," accessed January 19, 2023
  33. 33.0 33.1 WisPolitics, "WisPolitics State Supreme Court election forum," accessed January 9, 2023
  34. Daniel Kelly 2023 campaign website, "Judicial Conservatives Justice Rebecca Bradley & Judge Shelley Grogan Endorse Daniel Kelly," November 14, 2022
  35. OpenSecrets.org, "Outside Spending," accessed December 12, 2021
  36. OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed December 12, 2021
  37. Amee LaTour, Email correspondence with the Center for Responsive Politics, August 5, 2022
  38. WisPolitics, "Fair Courts America: Statement on upcoming Wisconsin Supreme Court race," November 17, 2022
  39. Daily Kos, "Daily Kos Elections' presidential results by congressional district for 2020, 2016, and 2012," accessed September 9, 2022
  40. Progressive Party
  41. Wisconsin State Legislature, "Text of SJR 2," accessed January 5, 2023
  42. 42.0 42.1 42.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  43. Wisconsin State Legislature, "Text of SJR 2," accessed January 5, 2023
  44. Wisconsin State Legislature, "Senate Joint Resolution 4," accessed January 18, 2023
  45. Wisconsin Elections Commission, "Candidate Tracking by Office, 2017 Spring Election - 4/4/2017," accessed January 5, 2017
  46. WEAU.com, "Walker appoints Appeals Judge Bradley to WI High Court," October 9, 2015
  47. Wisconsin State Journal, "Scott Walker appoints Rebecca Bradley to Supreme Court," October 10, 2015
  48. AP, "Wisconsin Summary Vote Results," accessed April 6, 2016
  49. Wisconsin Government Accountability Board, "Election Results," accessed April 6, 2016
  50. Wisconsin Government Accountability Board, "Candidates Registered 2015 Spring Election," January 8, 2015
  51. Wisconsin Election Commission, "2015 Spring Election Results," accessed September 19, 2019
  52. Fox 6 News, Ann Walsh Bradley elected to a third term on Wisconsin Supreme Court, defeating James Daley," April 7, 2015
  53. Wisconsin Court System, "Justice Ann Walsh Bradley," accessed February 13, 2015
  54. Wisconsin Court System, "Wisconsin Supreme Court selects chief judges," June 28, 2013
  55. Wisconsin Government Accountability Board, "Results of Spring General Election," April 7, 2009
  56. Wisconsin Court System, "Supreme Court," accessed September 18, 2014
  57. 57.0 57.1 57.2 57.3 American Judicature Society, "Methods of Judicial Selection: Wisconsin," archived October 3, 2014
  58. 58.0 58.1 Wisconsin State Legislature, "Statutes, Chapter 8.50(4)(f)," accessed December 16 2016
  59. Milwaukee Journal-Sentinel, "Walker's approach to the judiciary," September 21, 2013

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