Johnson v. WEC

Case Name: Johnson v. Wisconsin Elections Commission

Type of Case: Rule of Law, Redistricting

Court: Wisconsin Supreme Court

Filed On: August 23, 2021

Current Status: Original action filed August 23, 2021

Press Releases

WILL ASKS WISCONSIN SUPREME COURT TO TAKE JURISDICTION OF REDISTRICTING

August 23, 2021 | WILL filed an original action with the Wisconsin Supreme Court urging the Court to declare the current legislative districts unconstitutional and establish a judicial plan of apportionment.

The Original Action: WILL filed an original action with the Wisconsin Supreme Court urging the Court to declare the current legislative districts unconstitutional and establish a judicial plan of apportionment. WILL represents four Wisconsin voters who live in legislative districts that, as a result of the 2020 Census, now have their vote unconstitutionally diluted, counting less than if they lived in a different district.

Background: The Wisconsin Constitution guarantees that every voter is entitled to equal representation summarized in the principle of ‘one man, one vote.’ But the results of the 2020 Census reveal that population increases and decreases in Wisconsin have rendered Wisconsin’s legislative maps unconstitutional. Voters who currently reside in districts that have seen population increases now have their votes diluted, potentially violating their constitutional rights.

The state legislature and the governor are tasked with approving new legislative maps. But in all likelihood, divided government will result in an impasse that will require a judicial plan for apportionment.

While federal litigation has already commenced, both the United States Supreme Court and the Wisconsin Supreme Court have made clear that reapportionment is primarily a responsibility of the state legislature and courts. While the Wisconsin Supreme Court declined to adopt a rule for such cases earlier this year, it made clear that the absence of a rule did not preclude the exercise of jurisdiction. 

Rick Esenberg

Rick Esenberg

President and General Counsel

rick@will-law.org

Anthony Lococo

Anthony Lococo

Deputy Counsel

alococo@will-law.org

Lucas Vebber

Lucas Vebber

Deputy Counsel

lucas@will-law.org