Money pouring into Wisconsin Supreme Court race

The Wisconsin State Supreme Court race, starting with Feb 21’s primary, is on track to become the most expensive judicial election in state history.

The four candidates running to fill Justice Patience Roggensack’s open seat are expected to spend a total of $6 million on the primary alone. There will still be six more weeks until April’s general election.

The most expensive state supreme court election in Wisconsin history was in 2020 when candidates spent $10 million. Illinois holds the national record; $15 million was spent on the state supreme court race in 2014. 

This election, which is not sorted by political party, could shift the political balance of the court for the first time since 2008. The top two vote-getters will advance to the April general election. The winner there will join a court likely to hear cases regarding abortion rights and election laws. Some candidates’ campaigns reflect the politics and ideology at stake. 

“Historically the campaign is about judicial experience and who has law enforcement support. But it has changed, people are talking about abortion and redistricting,” said Republican Scott Jensen, former Wisconsin state assembly speaker, at a WisPolitics.com event on Feb. 16.  

Former Wisconsin Senate Majority leader Chuck Chvala, a Democrat, said Milwaukee County Circuit Court judge Janet Protasiewicz will win the primary because of where she stands on abortion. 

“Abortion is going to decide this, watch what will happen in the Milwaukee suburbs,” said Chvala during the WisPolitics luncheon.  

The Milwaukee Journal Sentinel reported that half of the spending on TV and radio ads so far has been in the Milwaukee media market.

AdImpact Politics, a firm that tracks advertising, reported that the political action committee A Better Wisconsin Together spent $1.9 million on ads, the Fair Courts America PAC spent $1.8 million and Protasiewicz spent $1.6 million.

Campaign Finances by Candidate

Protasiewicz, who is backed by Democrats, has raised the most money. Campaign finance reports filed with the Wisconsin Ethics Commission show Protasiewicz has raised nearly $1.9 million since she got into the race last year. About half a million more than the other three candidates combined. 

More than $235,000 of Protasiewicz’ total report came from large donations she reported in the past week alone, $206,000 of that came from out-of-state donors.

Dane County Judge Everett Mitchell has reported raising a total of $221,000. Mitchell is the other liberal judge running for election and would be the first Black person elected to the state supreme court. 

Waukesha County Judge Jennifer Dorow, a conservative, has reported raising more than $720,000 since she got into the race in November, according to WPR. 

Former Wis. State Supreme Court Justice Daniel Kelly, a conservative, has raised $415,000 since he launched his campaign. Kelly is receiving most of his financial backing from outside groups, not from donations directly to his campaign according to WPR. 

Fair Courts America, a super PAC by billionaire and Republican mega-donor Richard Uihlein, is spending $1.79 million to back Kelly. 

“If you elect judges, there is politics involved.”  

Scott Jensen, former speaker of Wisconsin Assembly

Anti-abortion group Women Speak Out PAC said in a press release it will spend “six-figures” to raise awareness for Kelly’s campaign and the election. 

Competition Between Candidates 

Mitchell has raised $221,000 compared to fellow liberal candidate Protasiewicz’ reported $1.9 million. 

“Protasiewicz is the only one with a golden ticket so far, it’s down between the conservative candidates and Kelly raised more money,” said Chvala. “It’s bowl-of-popcorn time for Democrats.” 

Jensen said Dorow did not need to raise as much money at the start of the race because she received national recognition for being the judge on the Waukesha Christmas Parade trial last fall.

Better Together Wisconsin, a liberal group, has spent $1.22 million in attack ads against Dorow. Another anti-Dorow group, Protect Our Families, is spending $195,251. 

“I don’t know if Dorow will survive, even if she struck a chord nationally after the trial, I don’t know if you can survive that much negative attack,” said Jensen. “We need to assess the value of the trial, can the attack ads undo that? Can the campaign undo that?” 

Conservative Action for America and Justice for Wisconsin, both pro-Dorow groups are spending $246,000 and more than $100,000, according to Milwaukee Journal Sentinel.  Dorow’s own campaign is spending $349,635. 

Dorow has said she will back Kelly if he wins the primary. He has not said the same for his fellow conservative candidate. 

“A lot of the campaign has been personal and that won’t help him, except the money he has brought in,” said Jensen. 

Kelly has emphasized his conservative judicial record during his campaign, hoping that will counteract financial advantages from other candidates.

“Our campaign is really going to be a very small piece of total spend,” Kelly said, reported by the Milwaukee Journal Sentinel. “There are these organizations around the country, and they have specific concerns. And they will only support a candidate who has a proven record of constitutional conservatism.” 

Kelly raised $100,169 according to his latest campaign finance report. This is less than Protasiewicz who raised more than $725,000 and Dorow who raised $365,271 during the same period.  

Critics of this spending said the influx of money from both inside and outside the state empowers interest groups at the expense of Wisconsin voters.

“Outside interest groups are suffocating us under an avalanche of spending so the voices of average citizens are drowned out by multimillionaires and billionaires who are able to run ads,” said Matt Rothschild, executive director of the Wisconsin Democracy Campaign. “Why should someone who lives in California, New York or Nebraska tell us who should sit on our Supreme Court?”

Kelly became the second incumbent to lose re-election when he lost to Justice Jill Karofsky by 10 points in 2020. PBS reports he is the first former justice to run for election again. 

Find your polling place and more information about the 2023 Spring Primary at https://myvote.wi.gov.