Preserving Democracy Project

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Our Constitution establishes the separation of powers to strengthen liberty and serve as a protection against government abuse. They are essential facets of our democracy.

Yet both are under attack by unelected bureaucrats and rogue government officials who have claimed for themselves more power and control than the people ever gave to them. As these power grabs become more and more frequent and the administrative state grows, it is more important than ever that everyday Americans fight back. The Preserving Democracy project at the Wisconsin Institute for Law & Liberty is the vanguard in that fight.

We fight to enforce structural limitations on government power.

We hold bureaucrats to the rule of law. Rogue government officials at the local, state and federal level who act beyond the authority given to them must be reined in. The Preserving Democracy project stands at the forefront of that fight, litigating cases in state and federal court to ensure that government officials act within their lawful authority.

WILL’s Preserving Democracy Project has a long track record of successes in state and federal courts both here in Wisconsin and nationwide.

Open Cases

Braun, Luehrs v. Walsh

Attorneys with The Wisconsin Institute for Law & Liberty (WILL) represented two Wisconsinites, filing a lawsuit against the U.S. Secretary of Labor. The suit challenges a new rule permitting the use of environmental, social, and governance (commonly referred to as “ESG”) factors in retirement investing.
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Pellegrini v. Wisconsin Elections Commission, et al.

On behalf of Robert Pellegrini, a registered Wisconsin voter and taxpayer, the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit against the Wisconsin Elections Commission (WEC) challenging WEC’s abdication of its duties to investigate and decide complaints against local election officials. Instead of the six WEC Commissioners deciding those complaints, they have delegated the responsibility to staff.
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Concluded Cases

Braun v. Wisconsin Elections Commission

WILL Victory
A registered Wisconsin voter and taxpayer sues the Wisconsin Elections Commission (WEC) in regards to the illegal use of the National Mail Voter Registration Form ("the Form"). The lawsuit, filed in the Waukesha County Circuit Court, urges the court to declare that the use of this voter registration form in Wisconsin is illegal and orders WEC to withdraw its approval of the Form. The Form adds extra criteria not authorized by statute or rule while simultaneously failing to include all items mandated by Wisconsin statute (Wis. Stat. § 6.33(1)).
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WILL & Buchman v. ECASD

WILL Victory
A local parent, along with the Wisconsin Institute for Law & Liberty (WILL), have filed a complaint with a judge in Eau Claire, Wisconsin, after the school refused to provide a copy of a statement that the district acknowledges was read aloud to students in several classrooms.
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WPT v. Town of Buchanan

WILL Victory
WILL filed a lawsuit against the Town of Buchanan, in Outagamie County, after the municipality adopted and implemented a “transportation utility fee” that violates state law and circumvents strict levy limits.
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Britto v. ATF

WILL Victory
The lawsuit alleges that ATF’s new rule violates the Second Amendment and the Separation of Powers, which prohibits federal agencies from making new laws without clear Congressional authorization.
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WCRIS V. HEINRICH

WILL Victory
WILL filed an original action to the Wisconsin Supreme Court asking for a review of the Dane County health department’s order closing all schools, public and private, for grades 3-12.
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BARTLETT V. EVERS

WILL Victory
Governor Evers used his partial veto authority to create new laws and pay for new projects the Legislature never approved. We believe that practice is a usurpation of the Legislature’s authority to write laws, and filed an original action in the Wisconsin Supreme Court in order to enforce limits on the power.
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Policy Work

Through the Preserving Democracy project we will continue to use all tools available to hold government officials accountable to the law.

The Preserving Democracy project will also include a robust public education component. Our liberties are secure and will endure only insofar as Americans value and uphold the principles and institutions that preserve them. Our “Citizens Guide to the Wisconsin Administrative State” was the start of this effort, We plan to continue and increase our efforts to inform and educate citizens about why our government is structured as it is and how the rule of law protects them.

Our work is not limited to just litigation. We have successfully overturned unlawful agency action by working through legislative oversight committees (such as when Wisconsin tried to put the pool-share company Swimply out of business), and regularly send demand letters to officials at all levels of government to ensure that they act within the law. Our policy team also works closely with our attorneys to produce timely research and advocate for opportunities to strengthen the separation of powers. 

Six Reforms to Improve Wisconsin’s Regulatory Climate

Policy Brief
A recent WILL study found that the Wisconsin Administrative Code contains more than 161,000 restrictions, making Wisconsin the most regulated state on a per-capita basis in the Great Lakes region. WILL Policy Director, Kyle Koenen, and WILL Deputy Counsel, Lucas Vebber, provide six specific reforms that policymakers can adopt to address Wisconsin’s burdensome regulatory climate.
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