We highlight below the results of two elections that we have mentioned in the past few months as presenting opportunities to volunteer to promote voter engagement.

WISCONSIN: SPECIAL JUDICIAL ELECTION FOR SEAT ON WISCONSIN SUPREME COURT

Judicial elections in the United States rarely garner much interest. However, the special election for Wisconsin State Supreme Court Justice held on April 4, 2023 was closely followed by political pundits, politicians and voters nationwide. Although this was ostensibly a non‐partisan election, the Wisconsin Supreme Court will be evenly split between liberals and conservatives 3 to 3 after the retirement of conservative Justice Patience Roggensack.

The result: Janet Protasiewicz, described as a liberal County Circuit judge from Milwaukee, defeated her conservative challenger, Daniel Kelly, by almost 11 percentage points (54.5 to 44.5 percent). Kelly, a former prosecutor, had previously been appointed by Governor Scott Walker to the Wisconsin Supreme Court to serve the remainder of a ten-year term of another judge. However, he did not win re‐election in 2020.

Political commentators have opined that this election may be a bellwether for the 2024 presidential election, because Wisconsin is a battleground state and because voters have increasingly viewed judicial elections through a more partisan lens. President Biden won the Wisconsin vote over former President Trump by only a 0.63 percent margin, far less than predicted, while Trump carried the state in 2016 by 0.77 percent over Hillary Clinton.

The importance of this election is perhaps best reflected by the stunning amount of money raised and the voter turnout. The two candidates combined spent about $45 million. That amount was almost triple the previous $15.2 million record spent for a judicial election, in a race for the Illinois Supreme Court. Significantly, more than 1.7 million Wisconsin voters cast their ballots, surpassing the 1.6 million citizens participating in the 2020 Presidential election.

The change in the make-up of the Supreme Court may have an impact on a number of significant issues that are currently or will be brought before it. These issues include abortion rights, voting access, redistricting, and legislation enacted by Gov. Walker effectively eliminating collective bargaining for most public employees.

The right to an abortion was a major point of contention in the election. Protasiewicz and Kelly took conflicting positions on Wisconsin's 1849 law banning abortions, which was automatically reinstated after the U.S. Supreme Court overturned Roe v. Wade. That law permits abortions to save a mother’s life, but does not allow exceptions for rape or incest.

The redistricting maps drawn by the Republican legislature have also been challenged. Wisconsin is a “purple state,” with voters evenly divided between Democrats and Republicans. However, the state electoral districts drawn have been described as “among the most gerrymandered in the nation, a result of aggressive cartography from the Republican majority elected in 2010,” which, despite “a Democratic sweep of statewide elections,” enabled Republicans to retain a 19-to-14 majority in the State Senate and 63-to-36 majority in the Assembly. ( Liptak, Adam. “Supreme Court Sides With Republicans in Case on Wisconsin Redistricting.” New York Times. 23 March 2022.) Republicans also hold six of the eight Wisconsin seats in the U.S. House of Representatives.

Republican State Senator Dan Knodl, who also was elected on April 4, indicated before his election that he was open to impeachment of Protasiewicz. With Knodl’s election as State Senator, Republicans now have a super-majority in the State Senate. (Roche, Darragh. “Janet Protasiewicz May Be Impeached by GOP After Wisconsin Election Win.” Newsweek. 5 April 2023.)

VIRGINIA: SPECIAL ELECTION FOR 4TH CONGRESSIONAL DISTRICT

Democrat Jennifer McClellan won the special election on February 21, 2023 for Virginia’s 4th Congressional District. She will succeed the late U.S. Rep. A. Donald McEachin, who died in November at age 61 after winning reelection. McClellan, a state senator, is the first Black woman to represent the Commonwealth of Virginia in Congress and will serve the remainder of Rep. McEachin’s fourth term.