Supreme Court declines to say which maps should be used for recalls, special elections

The Wisconsin Supreme Court has declined a request to say which legislative maps should be used in any recall or special elections between now and November.

But in a brief order issued Wednesday, justices hinted strongly that no future elections should be held under the old maps, which were passed by Republicans in 2021 and stuck down by the court’s liberal majority last December.

Those maps, which were enacted by the court’s former conservative majority two years ago, were declared unconstitutional by the court last year. In February, new maps were passed by Republican lawmakers and signed by Gov. Tony Evers.

That raised questions for the Wisconsin Elections Commission after conservative activists launched an effort to try to force a recall election aimed at removing Republican Assembly Speaker Robin Vos from office.

While staff attorneys with the commission determined recall organizers likely fell short of the number of signatures needed to trigger an election, the WEC directed the state Department of Justice to file a motion with the court to clarify the maps question. That’s because regardless of the number of signatures, attorneys said, they need to know what Assembly district recall signers live in to be able to verify the petitions.

While the court did not directly answer that question, the majority’s order came close.

“On December 22, 2023, we enjoined the ‘Elections Commission from using [the prior] legislative maps in all future elections’ because the maps violated the Wisconsin Constitution,” wrote the court. “Based on the submissions before us, we decline to further clarify or amend the opinion and order.”

The decision could throw it back to the WEC to decide which districts to use in special elections and recalls, though it may or may not matter in the case of Vos. While the first recall attempt against the powerful speaker appears to have failed, last week, the same individuals behind the first push launched a second attempt. 

The commission and Evers also sought clarity from the court because of an expected special election to replace longtime Democratic State Sen. Lena Taylor of Milwaukee. She resigned from office in late January after being appointed as a Milwaukee County circuit court judge by the governor.

A legal brief from Evers on March 21 states a special election must be held before the November election for any vacancy occurring before the second Tuesday in May.