The Republican Legislators’ Revised Version of Gov. Evers’ Proposed Remedial Plan may Contain Noncontiguous Districts

The Wisconsin Legislature passed new state legislative maps on January 23 and 24, 2024. First, the Senate passed a substitute amendment to 2023 Assembly Bill 415. It passed 17-14, with the support of only Republican senators. The next day, the Assembly passed the same amendment, likewise without Democratic support. Governor Evers promised to veto the maps shortly thereafter.

The legislature’s latest maps are very similar to the remedial maps submitted by Evers himself to the Wisconsin Supreme Court. Compared to his plan, the maps passed by the legislature move 1,292 out of 202,510 census blocks. The main motivation seems to have been separating incumbent Republican legislators paired in the governor’s map.

In making these small changes, the Republican legislators created three noncontiguous districts–two in the Assembly and one in the Senate. The noncontiguous blocks are small and unpopulated. They could easily be assigned to an actually adjacent district without changing anything meaningful about the district.

The blocks are 550099400071006 in Assembly district 88, the same block in Senate district 30, and 550350008031031 and 550350003011036 in Assembly district 93.

The maps below show each of these districts. The noncontiguous blocks are shown in red. The main component of the district is shown in blue.

I created these districts using the block assignment file used to draft the legislation in question, which I obtained from the Legislative Reference Bureau. You can download a copy here. I also verified these block assignments within the full text of the substitute amendment, which you can view here.

Click each image to view it as an interactive web map.

AD 88

map showing the noncontiguous section of AD88

AD 93

AD 93 map showing noncontiguous sections

SD 30

map of noncontiguous section of SD30

Regarding the joint stipulation

A set of ward fragments (themselves consisting of multiple blocks) contain incorrect ward and municipality labels. All the parties agreed on a list of such blocks in a joint stipulation dated January 2. These ward fragments do contain the three noncontiguous census blocks in the legislature’s latest plan. The meaning of the join stipulation is contested among the parties, but it is clear that the stipulation does not challenge the location of any of the given census blocks. Moreover, the legislative Republicans are one of the parties explicitly rejecting the idea that the join stipulation had anything to do with contiguity. See footnote 8 of their response brief filed January 22.

For a thorough discussion of the join stipulation and contiguity, see this blog post which describes similar contiguity issues in the Senate Democrats proposed remedial map.

Continue ReadingThe Republican Legislators’ Revised Version of Gov. Evers’ Proposed Remedial Plan may Contain Noncontiguous Districts

Moot Court Association Names Participants in the 2024 Jenkins Honors Moot Court Competition

The Jenkins Honors Moot Court Competition is the appellate moot court competition for Marquette law students and is the capstone event of the intramural moot court program. Students are invited to participate based on their top performance in the fall Appellate Writing and Advocacy course at the Law School. 

Congratulations to the participants who have been invited to participate in the 2024 Jenkins Honors Moot Court Competition:

Catherine Alles
John Bolden
Deona Cathey
John Caucutt
Anisa Dhillon
Stephanie Dyer
Evelyn Heun
Danny Levandoski
Kathleen Lowry
Andrew Madden
Joseph McCarthy
Josephine Napolski
Abby Nilsson
Josh Petersen
Daniel Pope
Mackenzie Retzlaff
Jay Rohwer
Jesus Sanchez-Arias
Jaxsen Schermacher
Joseph Schimp
Rachel Seifert
Dan Underwood
Rodrigo Villalobos
Sydney Wilcox 

The Jenkins preliminary rounds will be held in late March, with the winning teams progressing through the quarterfinals, then semifinals, to the finals. The final round will take place April 10, 2024. All rounds are open to the public. Stay tuned for more information.

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Disapproval, discontent, and uncertainty: Marquette expert observers describe 2024 election dynamics

On the one hand, “a year is forever in politics,” so don’t panic about where you think the party and candidates you favor are standing this far from the November 2024 national election.

On the other hand, there is a strong prospect of an unprecedented presidential election between Democratic President Joe Biden and Republican former President Donald Trump in a time of great discontent around politics, and standard understandings of political dynamics may not apply.

And some of the things going on politics – such as former Trump Cabinet members becoming opponents and critics of Trump – are not easy to explain.

So the outlook for the 2024 election for president is complex, fascinating, and uncertain, in the view of three nationally respected political observers, each with ties to Marquette University, who took part in an “On the Issues” program Nov. 29, 2023, in the Lubar Center of Marquette Law School.

The three statements at the start of this blog post summarize thoughts from, respectively, Professor Charles Franklin, director of the Marquette Law School Poll; Craig Gilbert, a fellow at the Marquette Law School Lubar Center for Public Policy Research and Civic Education; and Marquette Professor Julia Azari, a political scientist who is quoted frequently in national discussions on politics.   

“A Trump-Biden matchup would be so unprecedented,” said Gilbert, formerly the Washington bureau chief of the Milwaukee Journal Sentinel. An incumbent president against a former president is not the only reason for saying that. The ages of the candidates, especially widely held perceptions of Biden being too old, and the large negative ratings of both candidates are also factors.

“We live in an era of chronic disapproval and discontent,” Gilbert said. “Everybody ‘s unpopular and everybody’s unhappy. Who’s happy?”

Franklin said a good reason to pay attention to poll results at this point – and the Marquette Law School Poll released both national and Wisconsin results recently – is not to predict how elections a year from now will turn out. It is to see how races are shaping up and, in the long run, to be able to understand more about the course that leads to final outcomes.

The race for the Republican nomination is dominated now by Trump, Franklin said, but Nikki Haley, the ambassador to the United Nations while Trump was president, does better than Trump in head-to-head match-ups against Biden. Franklin said Republican voters are split, with about 70% having favorable opinions of Trump and 30% having unfavorable opinions. Even if Haley looks strong against Biden, overcoming Trump within the Republican race will be a big challenge for her. “You’ve got to get the nomination to become the nominee,” Franklin said.

Azari said that Florida Gov. Ron DeSantis was positioning himself as “Trump-plus” and Haley as “Trump-light” in appealing to voters, while former New Jersey Governor Chris Christie was running as the anti-Trump. Support for DeSantis has been slipping, Christie is not gaining momentum, and Haley has become the alternative to Trump getting the most attention among Republicans.

Gilbert said about 20% of voters are “double haters,” with negative opinions of both Trump and Biden. They could become important in shaping the race, as could voters who have a somewhat negative opinion of Biden but who might vote for him in a match against Trump.

Looking to Wisconsin, Gilbert said voting patterns in the state have changed significantly in the past couple decades. The “WOW counties” — Waukesha, Ozaukee and Washington Counties, adjacent to Milwaukee County – were long-time Republican bastions, but Republican margins have grown smaller in recent elections. Some rural parts of Wisconsin used to be more “purple,” with Democrats sometimes doing well, but have become increasingly “red” and supportive of Trump. And Dane County, including Madison, has continued to gain population and increase in its power as a  Democratic bastion. “It’s a different map” than it was 20 or 20 years ago when it comes to analyzing Wisconsin voting, he said.

Azari said Trump continues to appeal to “low-propensity voters” who are less likely to vote usually but are more likely to turn out for Trump. Many of them are in more rural parts of Wisconsin.

Franklin said that how much Trump voters will mobilize in 2024 is likely to be an important part of determining the election outcome.

Derek Mosley, director of the Lubar Center and moderator of the program, asked the three what had made Senator Tammy Baldwin, a Democrat, such a strong candidate for re-election in Wisconsin in 2024. Azari said Baldwin “has avoided becoming a national lightening rod” for conservatives. Gilbert said that in her Senate victories in 2012 and 2018, Baldwin did better in Republican-oriented parts of the state than other Democrats. Losing some areas by smaller than expected margins should not be underestimated as a valuable part of winning Wisconsin as a whole, he said. And Franklin said that, even though no major Republican candidate for Senate has joined the race so far, it is not too late for that to happen and the Wisconsin race could still heat up.   

The conversation may be viewed by clicking below.

Continue ReadingDisapproval, discontent, and uncertainty: Marquette expert observers describe 2024 election dynamics