Court orders Wisconsin Legislature to redraw voting maps

Democrats hailed ruling, though Republicans still will redraw boundaries.

MADISON, Wis. — A panel of federal judges on Friday ordered the Wisconsin Legislature to redraw legislative boundaries by November, rejecting calls from those challenging the maps to have the judges do the work.

The ruling clears the way for the state to ask the U.S. Supreme Court to review an earlier decision declaring the current maps unconstitutional, but the judges rejected Republican Attorney General Brad Schimel’s request to delay any work until after the Supreme Court decides whether to hear an appeal. 

Schimel’s spokesman, Johnny Koremenos, promised the decision would be swiftly appealed to the Supreme Court. Democrats hailed the ruling, even though Republicans would still be in control of drawing district boundaries.

“I hope that legislative Republicans are more competent with their second chance,” said Democratic state Sen. Mark Miller, of Monona.

A dozen voters sued in 2015 over the Republican-drawn maps, alleging they unconstitutionally consolidated GOP power and discriminated against Democrats. The three-judge panel agreed in a 2-1 ruling in November, but didn’t order any immediate action.

In its Friday ruling, the judges ordered the Legislature to redraw the maps by November so they could be in place for the 2018 elections. They forbid the current legislative boundaries from being in effect for any future election. They also declined to do the work themselves, as the Democrats who filed the lawsuit wanted.

“It is neither necessary nor appropriate for us to embroil the Court in the Wisconsin Legislature’s deliberations,” the judges wrote.

Schimel argued that no work should be done on redrawing maps until after the Supreme Court weighs in, because he says the nation’s highest court is likely to reverse the earlier ruling or provide substantial guidance.

He also argued that if the maps are to be redrawn, the Legislature should do it because lawmakers are in a better position to reconcile constitutional requirements with state policy. Courts should intervene only when lawmakers fail to act or if elections are fast approaching, he said.

Sachin Chheda, director of the Wisconsin Fair Elections Project, which organized the lawsuit, called the ruling “a victory for democracy and we look forward to a process to draw these maps that engage the community and invite public participation.”

Republicans re-drew the district lines shortly after they gained complete control of state government in 2011. The new boundaries have helped the GOP maintain control of the state Senate and Assembly in every election since then. Republicans have their largest majority in the state Senate since 1971 and their biggest in the Assembly since 1957.

Republican legislative leaders did not immediately return messages seeking comment. They have previously expressed confidence that the ruling striking down the maps they drew would be overturned by the Supreme Court.