Wisconsin Supreme Court elections, 2020 (February 18 nonpartisan primary)

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2020 Election Dates
Deadline to file candidacy
January 7, 2020
Primary election
February 18, 2020
General election
April 7, 2020
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This page covers the February 18, 2020, nonpartisan primary. Click here for information on the April 7 general election.

Incumbent Daniel Kelly and challenger Jill Karofsky advanced from the February 18, 2020, nonpartisan primary for Wisconsin Supreme Court, while Ed Fallone was eliminated. Kelly received 50.1% of the vote to Karofsky's 37.2% and Fallone's 12.7%.[2] Kelly and Karofsky advanced to the general election on April 7, 2020.

Although the race was officially nonpartisan, Kelly was a member of the court's conservative majority and received support from conservative groups. Fallone and Karofsky said they would join the court's liberal minority and received support from liberal groups.

All three candidates said they were running to counter politicization on the court. Kelly said judges should decide cases based on their interpretation of the law rather than their political preferences, while Fallone said he was running to counter what he said was the politicization of the judiciary, and Karofsky said Kelly had a record of ruling in favor of conservative groups.[3][4][5]

Kelly was running for a full term on the court after Gov. Scott Walker (R) appointed him in 2016 to replace David T. Prosser, who retired.[6] He said he had a broader range of experience than either Fallone or Karofsky, including as a prosecutor, defense attorney, and litigator.[5]

Fallone is a Marquette University law professor who ran for state Supreme Court in 2013. He said his teaching experience and his work with the Hispanic community and low-income clients would bring new perspectives to the bench.[4]

Karofsky was first elected to the Dane County Circuit Court in 2017. She said her experience as a trial court judge made her the most qualified candidate since she had firsthand experience with seeing the effects of state Supreme Court rulings on residents.[5][7]

Karofsky and Fallone avoided direct criticism of one another. When asked why she and Fallone were not working to promote one another's candidacies, Karofsky responded, "It’s just the way Wisconsin is right now. The chances of both of us making it through the primary are very, very weak. I can’t imagine how that would happen."[8] Fallone criticized both Kelly's and Karofsky's demeanor during an exchange at a Jan. 30 candidate forum but did not repeat his criticism in subsequent forums.[9]

Recent election history suggested that either Fallone or Karofsky was likely to be eliminated in the Feb. 18 primary. Between 2005 and 2019, every contested Wisconsin Supreme Court election had a liberal and a conservative advance past the primary.

A Kelly win would have preserved the court's 5-2 conservative majority, while either a Fallone or a Karofsky win would have led to a 4-3 conservative majority, meaning that control of the court would be at stake in the next scheduled election in 2023. Click here to learn more about what's at stake in the general election.

Click on candidate names below to view their key messages:


Kelly

Fallone

Karofksy

Candidates and election results[edit]

General election
General election for Wisconsin Supreme Court

Jill Karofsky defeated incumbent Daniel Kelly in the general election for Wisconsin Supreme Court on April 7, 2020.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg

Jill Karofsky (Nonpartisan)
 
55.2
 
855,573

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg

Daniel Kelly (Nonpartisan)
 
44.7
 
693,134
  Other/Write-in votes
 
0.1
 
990

Total votes: 1,549,697

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Nonpartisan primary election
Nonpartisan primary for Wisconsin Supreme Court

Incumbent Daniel Kelly and Jill Karofsky defeated Edward A. Fallone in the primary for Wisconsin Supreme Court on February 18, 2020.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg

Daniel Kelly (Nonpartisan)
 
50.1
 
352,876

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg

Jill Karofsky (Nonpartisan)
 
37.2
 
261,783

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Ed_Fallone.jpg

Edward A. Fallone (Nonpartisan) Candidate Connection
 
12.7
 
89,184

Total votes: 703,843
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.

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Candidate profiles[edit]

This section includes candidate profiles created in one of two ways. Either the candidate completed Ballotpedia's Candidate Connection survey or Ballotpedia staff created a profile after identifying the candidate as noteworthy.[10] Ballotpedia staff compiled profiles based on campaign websites, advertisements, and public statements.


Image of Daniel Kelly

WebsiteFacebookTwitter

Incumbent: Yes

Political Office: Wisconsin Supreme Court (Assumed office: 2016)

Biography:  Kelly graduated from Carroll College in 1986 and obtained a law degree from Regent University School of Law in 1991. He was the founding editor-in-chief of the Regent University Law Review. Kelly clerked for Wisconsin Court of Appeals Judge Adam Fine before entering private practice. He worked for the firm of Reinhart Boerner Van Deuren before joining the Kern Family Foundation as vice president and general counsel in 2013. The following year, Kelly founded his own law firm. While in private practice, Kelly argued cases before the Wisconsin Supreme Court and the Supreme Court of the United States. Gov. Scott Walker (R) appointed Kelly to fill a vacancy on the state Supreme Court in 2016.


Key Messages


Kelly said that the idea that the judiciary is responsible for upholding the rule of law by interpreting what the law means rather than making new law was central to his judicial philosophy.


Kelly said that he had a wider range of professional experience than Fallone or Karofsky, including working as a litigator, special prosecutor, and criminal defense attorney.


Kelly said that both Fallone and Karofsky would decide cases based on their personal political preferences.


This information was current as of the candidate's run for Wisconsin Supreme Court in 2020

Image of Edward A. Fallone

WebsiteFacebookTwitter

Incumbent: No

Political Office: None

Submitted Biography "Ed Fallone is a constitutional law scholar who has devoted over 27 years of his life to the law and ensuring that the Wisconsin legal system works for all Wisconsinites. He has taught over 2,300 Wisconsin lawyers including judges and elected officials. Ed will be the first Latino to serve on our state's highest court and will bring expertise in corporate and criminal law to the Wisconsin Supreme Court. His mother was a Mexican immigrant and his father was a teacher, he comes from a working class family and has two children who attended Yale University and the American University School of International Service. Ed is running for Wisconsin Supreme Court to preserve the independence of the judiciary and defend our rights to equal treatment under the law and self-governance."


Key Messages

The messages below are the candidate’s own.


Make our court system more accessible for people of limited economic means.


Protect the power of the people to use government as a means to regulate conduct threatening the health, safety, and financial well being of Wisconsin residents.


End the politicization of the Wisconsin Supreme Court and restore independence to that body.

This information was current as of the candidate's run for Wisconsin Supreme Court in 2020

Image of Jill Karofsky

WebsiteFacebookTwitter

Incumbent: No

Political Office: Dane County Circuit Court (Assumed office: 2017)

Biography:  Karofsky graduated from Duke University and obtained her master's and law degrees from the University of Wisconsin—Madison. After obtaining her law degree, she joined the Dane County District Attorney's office, where she served under four district attorneys. In 2001, Karofsky was named general counsel to the National Conference of Bar Examiners. She held that post until becoming Wisconsin's first Violence Against Women Resource Prosecutor in 2010. The following year, Karofsky was named director of the state's Office of Crime Victim Services, which she led until her election to the Dane County Circuit Court in 2017.


Key Messages


Karofsky said that too many justices on the state Supreme Court, including Kelly, had decided how they would rule on cases before hearing arguments and that this gave the appearance of corruption on the bench.


Karofsky said that she was the only candidate who had experience as a trial court judge, which gave her firsthand knowledge of the impact state Supreme Court decisions had.


Karofsky said that she would seek to preserve the rights of crime victims, women, racial minorities, and LGBT indviduals.


This information was current as of the candidate's run for Wisconsin Supreme Court in 2020

Endorsements[edit]

This section lists endorsements issued in this election. If you are aware of endorsements that should be included, please email us.

Wisconsin Supreme Court primary endorsements, 2020
Endorsement Kelly Fallone Karofsky
Newspapers and editorials
Shepherd Express[11]
Elected officials
President Donald Trump (R)[12]
Wisconsin Supreme Court Justice Rebecca Bradley[13]
Wisconsin Supreme Court Justice Rebecca Dallet[14]
Wisconsin Supreme Court Justice Brian Hagedorn[13]
State Sen. Janet Bewley (D)[14]
State Sen. Chris Larson (D)[15]
State Sen. Jon Erpenbach (D)[14]
State Sen. LaTonya Johnson (D)[14]
State Sen. Janis Ringhand (D)[14]
State Sen. Patty Schachtner (D)[14]
State Sen. Jennifer Shilling (D)[14]
State Sen. Jeff Smith (D)[14]
State Rep. Jill Billings (D)[14]
State Rep. David Bowen (D)[15]
State Rep. Jonathan Brostoff (D)[15]
State Rep. Marisabel Cabrera (D)[15]
State Rep. David Crowley (D)[15]
State Rep. Steve Doyle (D)[14]
State Rep. Jodi Emerson (D)[14]
State Rep. Evan Goyke (D)[15]
State Rep. Tip McGuire (D)[14]
State Rep. Tod Ohnstad (D)[14]
State Rep. Sondy Pope (D)[14]
State Rep. Christine Sinicki (D)[14]
State Rep. Shelia Stubbs (D)[14]
State Rep. Amanda Stuck (D)[14]
State Rep. Lisa Subeck (D)[14]
State Rep. Chris Taylor (D)[14]
State Rep. Don Vruwink (D)[14]
State Rep. JoCasta Zamarripa (D)[15]
Court of Appeals Judge Martin Joseph Donald[15]
Court of Appeals Judge Brian Blanchard[14]
Court of Appeals Judge Jennifer Nashold[14]
Milwaukee Mayor Tom Barrett[15]
Former Dane County Executive Kathleen Falk (D)[14]
Former Dane County Executive Rick Phelps (D)[14]
Racine Mayor Cory Mason[14]
Former Madison Mayor Joe Sensenbrenner[14]
Former Madison Mayor Joel Skornicka[14]
Individuals
Former Gov. Jim Doyle (D)[14]
Former Gov. Tony Earl (D)[14]
Former Gov. Martin Schreiber (D)[14]
Former Lt. Gov. Barbara Lawton (D)[14]
Former U.S. Attorney James Santelle[15]
Former Wisconsin Supreme Court Justice David T. Prosser[13]
Former state Sen. Tim Cullen (D)[14]
Former state Rep. Spencer Black (D)[14]
Former state Rep. David Clarenbach (D)[14]
Former state Rep. Jeff Neubauer (D)[14]
Former state Rep. Barbara Notestein (D)[14]
Former state Rep. Sandy Pasch (D)[15]
Former state Rep. Thomas Springer (D)[14]
Former state Rep. Dana Wachs (D)[15]
Former state Rep. Mandy Wright (D)[15]
Former Court of Appeals Judge Edward Brunner[14]
Former Court of Appeals Judge Bill Eich[14]
Former Court of Appeals Judge Paul Higginbotham[14]
Former Court of Appeals Judge Dan LaRocque[14]
Former Court of Appeals Judge Paul Lundsten[14]
Former Court of Appeals Judge Gary Sherman[14]
Organizations
American Federation of Teachers Local 212[15][14]
Citizens Action[16]
Voces de la Frontera[15]
Wisconsin Hispanic Lawyers Association[15]
Wisconsin Right to Life[17]

Timeline[edit]

2020[edit]

2019[edit]

Debates and forums[edit]

February 3 candidate forum[edit]

On February 3, 2020, Kelly, Fallone, and Karofsky participated in a candidate forum hosted by the Menard Center at the University of Wisconsin-Stout.

Official recording, February 3, 2020, debate - University of Wisconsin-Stout

Click the links below for roundups of the candidate forum from:

February 1 candidate forum[edit]

On February 1, 2020, Fallone and Karofsky participated in a candidate forum hosted by the League of Women Voters of Greater Green Bay.

Click here for the official recording of the candidate forum. Click the links below for roundups of the candidate forum from:

January 30 candidate forum[edit]

On January 30, 2020, Kelly, Fallone, and Karofsky met for a candidate forum hosted by the Milwaukee Bar Association.

Official recording, January 30, 2020, debate - Milwaukee Bar Association

Click the links below for roundups of the candidate forum from:

January 27 candidate forum[edit]

On January 27, 2020, Kelly and Fallone participated in a candidate forum at St. Brendan's Inn in Green Bay.

  • Click here to read the WFRV roundup of the forum.

November 19, 2019, candidate forum[edit]

On November 19, 2019, Kelly, Fallone, and Karofsky met for a candidate forum at the law offices of Foley & Lardner LLP sponsored by the American Constitution Society. Click here here for the official recording of the candidate forum. Click the links below for roundups of the candidate forum from:

Campaign themes[edit]

See also: Campaign themes

Candidate survey[edit]

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Ballotpedia invites candidates to participate in its annual survey.
Click here to fill out the survey.

The following campaign themes came from the candidates' campaign websites, where available.

Daniel Kelly[edit]

Kelly's campaign website stated the following:

• Civilization depends on ordered liberty, functional economics, and individual rights;

• The rule of law is an indispensable foundation for ordered liberty, functional economics, and individual rights;

• The judiciary is uniquely positioned to protect and nurture the rule of law; and

• ​None of the above matters unless those entrusted with care for the rule of law are willing and able to consistently apply its first principles in clear and certain terms, even when those principles conflict with their personal policy preferences.

There is no end to the mischief the judiciary causes when it abandons its role of declaring what the law is, and instead arrogates to itself the power to develop new law in place of what it received from the ultimate lawgivers – the people of the State of Wisconsin and the United States.

It is my desire to serve the people of this State by applying, protecting, and preserving the rule of law in the Wisconsin Supreme Court.[28][29]

Ed Fallone[edit]

Fallone's campaign website stated the following:

Justice
The job of the Wisconsin Supreme Court is to preserve the ability of the people to govern ourselves. Unfortunately, former Governor Scott Walker appointed Justice Daniel Kelly whose only allegiance is to a political party. Ed Fallone will restore justice to the court by ensuring our court works for us.

Equality
The Supreme Court is supposed to make sure we all receive equal treatment under the law. But recent court decisions have shown that it is more interested in protecting special interests. We deserve a court that treats every person and group that comes before it fairly.

Independence
Our Supreme Court should be free from the influence of special interest donors and political pressure. Unfortunately, recent changes have allowed the court to make decisions on cases where there is a clear conflict of interest because of campaign contributions. Ed Fallone will bring independence back to the court by keeping money and politics out of his decisions.[30][29]


Jill Karofsky[edit]

Karofsky's campaign website stated the following:

I have spent my career in the law working to help crime victims and to protect our rights, and now I’m running for the Wisconsin Supreme Court because we need to get our state and our country back on the right track.

I’m a judge, I’ve been a local and state prosecutor, I directed the state’s Office of Crime Victim Services. No one knows better than me how important it is to have a legal system that works.

Today, too many judges see themselves as on one political team or another. But I think we need strong leaders who will put our strong Wisconsin political tradition of independent and honest courts first.

I believe in Wisconsin. I believe in our history of great public schools, protecting our beautiful natural resources, and protecting civil rights for all.

As a prosecutor and a judge, I, have deep experience in state courtrooms, and have spent a career standing up for our rights and fighting to protect victims.

Now, I need your help to win this race for the Wisconsin Supreme Court.

Believe me, I know what it’s like to work hard and to run hard. I’ve completed two Ironman races, and now I run 50-mile ultra-marathons. I was a Division I athlete, and then I graduated with two degrees from UW-Madison.

In my career prosecuting violent criminals, working as the top assistant attorney general on violence against women cases, and running the state’s victim services programs, I learned a lot about what works and doesn’t work in our system. I know that our judicial system is built on independent judges, not a system in which it matters what political team you’re on.

So now I see the corroding effect of big money on our judicial system. It’s time to restore a sense of justice and honor to our legal system.

I will follow the law, and I will protect our values.

My dad, Peter, was a local pediatrician. My mom, Judy, was one of the first women in Wisconsin to serve as a city mayor.

This country has made tremendous strides in extending equal rights to all, and I’m inspired by the example of my father, and how he cares for children every day, and by my mother and the groundbreaking path she forged.

We can’t go backwards, and it’s distressing to me that rather than respecting our rights, we now see a moment in which political forces seek to roll back the advances in civil rights we’ve made in the last few generations.

More than anything, our courts are about constitutional rights.

We will serve the needs of crime victims, we will stand up for racial justice and civil rights, we will protect the right to marriage equality, and we will never allow for the rights of women to be rolled back.

I look forward to getting around the state and carrying that message to voters in every corner of Wisconsin.

Please join me on this journey. I look forward to staying in touch.[31][29]


Campaign ads[edit]

This section shows advertisements released in this race. Ads released by campaigns and, if applicable, satellite groups are embedded or linked below. If you are aware of advertisements that should be included, please email us.

Dan Kelly[edit]


Jill Karofsky[edit]

"Stop corruption" - Karofsky campaign ad, released February 3, 2020


Polls[edit]

See also: Ballotpedia's approach to covering polls

If you are aware of polls conducted in this race, please email us.

Candidate support[edit]

The following committees and groups either contributed to the candidate's campaign or made a recommendation or endorsement of the candidate.

Support for Kelly[edit]

Support for Fallone[edit]

Support for Karofsky[edit]

Campaign finance[edit]

Satellite spending[edit]

See also: Satellite spending

Satellite spending, commonly referred to as outside spending, describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.[37][38][39]

This section lists satellite spending in this race reported by news outlets in alphabetical order. If you are aware of spending that should be included, please email us.

What's at stake in the general election?[edit]

The general election determined the size of the court's conservative majority. A win for Fallone or Karofsky would have reduced the conservative majority to 4-3, meaning that the next regularly scheduled election in 2023 would decide control of the court. A Kelly win would have preserved the court's 5-2 conservative majority. Assuming no justices leave the bench before their terms expire, a Kelly win would have prevented a liberal majority from forming on the court until 2026 at the earliest.

At the time of the election, Wisconsin was one of 14 states with divided government, where neither party held a trifecta. Democrat Tony Evers (D) was governor, while Republicans held majorities in both chambers of the state legislature.

Recent elections to the Wisconsin Supreme Court had been decided by narrow margins. In 2019, conservative Brian Hagedorn defeated liberal Lisa Neubauer by a 0.5 percent margin. Aside from the 2017 election in which incumbent Annette Ziegler was unopposed, the widest margin of victory in the preceding decade was liberal incumbent Ann Walsh Bradley's 16.2 percent win in 2015.

Past elections[edit]

Overview[edit]

Wisconsin Supreme Court elections, 2005-2019
Year Winning candidate Ideological lean Percent share of vote Losing candidate Ideological lean Percent share of vote Margin of victory Majority on court Turnout Other statewide elections on ballot
2019 Brian Hagedorn Republican Party Conservative 50.2% Lisa Neubauer Democratic Party Liberal 49.7% 0.5% 5-2 26.6% None
2018 Rebecca Dallet Democratic Party Liberal 55.8% Michael Screnock Republican Party Conservative 44.2% 11.6% 4-3 22.2% None
2017 Annette Ziegler
(incumbent)
Republican Party Conservative 97.2% Write-in -- 2.8% 94.4% 5-2 ~16% State Superintendent of Public Instruction
2016 Rebecca Bradley
(incumbent)
Republican Party Conservative 52.4% JoAnne Kloppenburg Democratic Party Liberal 47.5% 4.9% 5-2 47.4% Primary election - U.S. President
2015 Ann Walsh Bradley
(incumbent)
Democratic Party Liberal 58.1% James Daley Republican Party Conservative 41.9% 16.2% 4-3 18.3% None
2013 Patience Roggensack
(incumbent)
Republican Party Conservative 57.5% Ed Fallone Democratic Party Liberal 42.5% 15% 4-3 20.5% State Superintendent of Public Instruction
2011 David T. Prosser
(incumbent)
Republican Party Conservative 50.2% JoAnne Kloppenburg Democratic Party Liberal 49.7% 0.5% 4-3 34.3% None
2009 Shirley Abrahamson
(incumbent)
Democratic Party Liberal 59.6% Randy Koschnick Republican Party Conservative 40.2% 19.4% 4-3 18.2% None
2008 Michael Gableman Republican Party Conservative 51.1% Louis Butler
(incumbent)
Democratic Party Liberal 48.5% 2.6% 4-3 19.3% None
2007 Annette Ziegler Republican Party Conservative 58.6% Linda M. Clifford Democratic Party Liberal 41.1% 17.5% 4-3 19.4% None
2006 N. Patrick Crooks
(incumbent)
Democratic Party Liberal 99.4% Write-in -- 0.6% 98.8% 4-3 11.8% None
2005 Ann Walsh Bradley
(incumbent)
Democratic Party Liberal 99.6% Write-in -- 0.4% 99.2% 4-3 17.1% State Superintendent of Public Instruction

2019[edit]

See also: Wisconsin Supreme Court elections, 2019

Wisconsin Court of Appeals Judge Brian Hagedorn defeated Wisconsin Court of Appeals Judge Lisa Neubauer in the nonpartisan election for a 10-year term on the Wisconsin Supreme Court on April 2, 2019. Hagedorn won with 50% support. The seat was previously held by Justice Shirley Abrahamson, a member of the court's 4-3 liberal minority at the time of the election. Abrahamson did not run for re-election.

Although the election was officially nonpartisan, groups associated with the Democratic Party tended to support Neubauer while groups associated with the Republican Party tended to support Hagedorn.

General election for Wisconsin Supreme Court

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Brian-Hagedorn.jpg

Brian Hagedorn (Nonpartisan)
 
50.2
 
606,414

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Screen_Shot_2019-02-21_at_5.42.08_PM.png

Lisa Neubauer (Nonpartisan)
 
49.7
 
600,433
  Other/Write-in votes
 
0.1
 
722

Total votes: 1,207,569

Do you want a spreadsheet of this type of data? Contact our sales team.


2018[edit]

See also: Wisconsin Supreme Court elections, 2018

Milwaukee County Circuit Judge Rebecca Dallet won the nonpartisan election for a 10-year term on the Wisconsin Supreme Court against Sauk County Circuit Judge Michael Screnock on April 3, 2018. Dallet won with 56 percent support. The seat was previously held by Justice Michael Gableman, a member of the court's 5-2 conservative majority at the time of the election, who did not seek re-election.

Although the election was officially nonpartisan, groups associated with the Democratic Party tended to support Dallet while groups associated with the Republican Party tended to support Screnock.

Wisconsin Supreme Court, 2018
Candidate Vote % Votes
Green check mark transparent.png Rebecca Dallet 55.72% 555,848
Michael Screnock 44.19% 440,808
Total Votes (3880/3880 precincts) 996,656
Source: Wisconsin Elections Commission

2017[edit]

See also: Wisconsin Supreme Court elections, 2017

Candidates[edit]

Annette Ziegler (Incumbent/Unopposed)Green check mark transparent.png
One seat on the Wisconsin Supreme Court was up for election in 2017. Justice Annette Ziegler was elected to the court in 2007 for a 10-year term and needed to stand for re-election in 2017 in order to serve another term. She ran unopposed.[40] Because she was unopposed, the seat did not appear on the ballot in Wisconsin's February primary election but instead appeared only on the ballot for the April 4 general election.

2016[edit]

See also: Wisconsin Supreme Court elections, 2016
Wisconsin Supreme Court, Rebecca Bradley's Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Rebecca Bradley Incumbent 52.35% 1,024,892
JoAnne Kloppenburg 47.47% 929,377
Write-in votes 0.19% 3,678
Total Votes (100% Reporting) 1,957,947
Source: Wisconsin Government Accountability Board Official Results

One seat on the Wisconsin Supreme Court was up for election in 2016. Following the death of Justice N. Patrick Crooks on September 21, 2015, Rebecca Bradley was appointed to the Wisconsin Supreme Court by Governor Scott Walker (R) on October 9, 2015. Earlier in September, Crooks had announced his plans to retire at the end of his term.[41] Bradley had already announced a run for Crooks' seat before his death.[42]

Bradley and opponent JoAnne Kloppenburg received the highest number of votes for Bradley's seat in the primary on February 16, 2016, knocking Joe Donald out of the race. Bradley and Kloppenburg then faced each other in the sharply contested April general election. Bradley won. The race had the highest voter turnout for a supreme court race in Wisconsin state history, with over 1,900,000 votes cast.[43][44]

2015[edit]

See also: Wisconsin Supreme Court elections, 2015
See also: Wisconsin judicial elections, 2015


 
General election, 2015
Candidate Vote % Votes
Green check mark transparent.png Ann Walsh Bradley Incumbent 58.1% 471,866
James Daley 41.9% 340,632
Total Votes 813,200
[45][46]

One seat was open for election on the Wisconsin Supreme Court in 2015. Incumbent Justice Ann Walsh Bradley defeated Rock County Circuit Court Judge James Daley in the general election on April 7, 2015. Although the election was nonpartisan, Bradley is considered to be part of the liberal minority on the court. If Daley won, conservatives would have held a five-member majority on the seven-member court.[47]

Justice Bradley was elected to the court in 1995 and re-elected in 2005. She previously served as a circuit court judge for 10 years in Marathon County. Judge Daley joined the Rock County Circuit Court since 1989.[48][49]

2013[edit]

See also: Wisconsin judicial elections, 2013
CandidateIncumbencyPositionPrimary VoteElection Vote
RoggensackPatience Roggensack    
FalloneEd Fallone No29.8%ApprovedA42.47%   DefeatedA
MegnaVince Megna No6.3% 

One seat was open for election on the Wisconsin Supreme Court in 2013. Incumbent Justice Patience Roggensack defeated law professor Ed Fallone in the general election on April 2, 2013. Although the election was nonpartisan, Roggensack is considered to be a member of the court's conservative majority. If Fallone had won, control of the court would have gone to the liberal wing.

Justice Roggensack was first elected to the court in 2003. She previously served for seven years on the Wisconsin Court of Appeals and for 16 years as an attorney in private practice.

2011[edit]

See also: Wisconsin judicial elections, 2011
CandidateIncumbencyPositionPrimary VoteElection Vote
KloppenburgJoAnne Kloppenburg    NoDistrict IV49.70%   DefeatedA
ProsserDavid T. Prosser   ApprovedAYes50.192%   ApprovedA
WinnigJoel Winnig    No 
StephensMarla J. Stephens    No 

One seat was open for election on the Wisconsin Supreme Court in 2011. Incumbent Justice David T. Prosser defeated Assistant Attorney General JoAnne Kloppenburg in the general election on April 5, 2011. Although the election was nonpartisan, Prosser is considered to be a member of the court's conservative majority. If Kloppenburg had won, control of the court would have gone to the liberal wing.

Justice Prosser was first appointed to the court in 1998 by Gov. Tommy Thompson (R) and was elected to a full term in 2001. He had previously served on the Wisconsin Tax Appeals Commission and in the Wisconsin State Assembly.

Historical competitiveness in statewide races in Wisconsin[edit]

The following chart shows the vote totals for general election candidates in contested statewide races from 2012 through 2018. Although Wisconsin Supreme Court elections are nonpartisan, liberal and conservative groups typically coalesce around specific candidates. In those cases, Democratic and Republican refers to the preferred candidate of each party.

Partisan vote totals in statewide races in Wisconsin, 2012-2018
Year Race Democratic Party Democratic Votes Democratic Party Democratic Percentage Republican Party Republican Votes Republican Party Republican Percentage Other Votes Other Percentage Total votes
2018 U.S. Senate 1,472,914 55.4% 1,184,885 44.5% 2,964 0.1% 2,660,763
2018 Governor 1,313,836 49.6% 1,284,786 48.5% 52,480 2.0% 2,651,102
2018 State Supreme Court 555,848 55.7% 440,808 44.2% 829 0.1% 997,485
2016 President 1,382,536 46.5% 1,405,284 47.2% 188,330 6.3% 2,976,150
2016 U.S. Senate 1,380,335 46.8% 1,479,471 50.2% 87,539 3.0% 2,947,345
2016 State Supreme Court 929,377 47.5% 1,024,892 52.3% 3,678 0.2% 1,957,947
2015 State Supreme Court 471,866 58.0% 340,632 41.9% 702 0.1% 813,200
2014 Governor 1,122,913 46.6% 1,259,706 52.3% 27,698 1.1% 2,410,317
2013 State Supreme Court 362,969 42.5% 491,261 57.5% 485 0.1% 854,715
2012 President 1,620,985 52.8% 1,407,966 45.9% 39,483 1.3% 3,068,434
2012 U.S. Senate 1,547,104 51.5% 1,380,126 45.9% 78,808 2.6% 3,006,038

About the Wisconsin Supreme Court[edit]

See also: Wisconsin Supreme Court

The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. Seven justices, selected in nonpartisan elections for 10-year terms, sit on the state's court of last resort. The court has jurisdiction over all other Wisconsin courts and can also hear original actions.[50]

Political composition[edit]

This is the political composition of the supreme court heading into the 2020 election. Justices are selected in nonpartisan elections. In the case of a mid-term vacancy, the governor appoints a replacement.

Brian Hagedorn Elected in 2019
Ann Walsh Bradley Elected in 1995, 2005, and 2015
Patience Roggensack Elected in 2003 and 2013
Annette Ziegler Elected in 2007 and 2017
Rebecca Dallet Elected in 2018
Rebecca Bradley Appointed by Scott Walker (R) in 2015, elected 2016
Daniel Kelly Appointed by Scott Walker (R) in 2016

Selection[edit]

See also: Nonpartisan election of judges

The seven justices of the Wisconsin Supreme Court are elected in nonpartisan elections. Justices serve 10-year terms.[51][52] In the event of a midterm vacancy, the governor appoints a replacement. If the vacancy occurs after that year's spring election and on or before December 1 of the same year, the appointee must stand for election in the next succeeding spring election in which no other justice is to be elected. If the vacancy occurs after December 1 but before the following spring's election, the appointee must stand for election in the next spring election—beginning with the second spring election from the time of the appointment—in which no other justice is to be elected.[51][52]

The governor solicits recommendations from an Advisory Council on Judicial Selection in making his or her appointments, but is not required to choose one of the suggested appointees.[51][53]

Qualifications[edit]

To serve on the supreme court, a justice must be:

  • a qualified elector in the state; and
  • licensed to practice law in the state for at least five years immediately prior to appointment or election to the court.[51]

Selection of the chief judge[edit]

The chief justice of the supreme court is elected by a majority of the justices serving on the Court to serve a two-year term.

State profile[edit]

USA Wisconsin location map.svg
Demographic data for Wisconsin
 WisconsinU.S.
Total population:5,767,891316,515,021
Land area (sq mi):54,1583,531,905
Race and ethnicity**
White:86.5%73.6%
Black/African American:6.3%12.6%
Asian:2.5%5.1%
Native American:0.9%0.8%
Pacific Islander:0%0.2%
Two or more:2.1%3%
Hispanic/Latino:6.3%17.1%
Education
High school graduation rate:91%86.7%
College graduation rate:27.8%29.8%
Income
Median household income:$53,357$53,889
Persons below poverty level:15%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Wisconsin.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern[edit]

See also: Presidential voting trends in Wisconsin

Wisconsin voted for the Democratic candidate in four out of the five presidential elections between 2000 and 2016.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 23 are located in Wisconsin, accounting for 11.17 percent of the total pivot counties.[54]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Wisconsin had 21 Retained Pivot Counties and two Boomerang Pivot Counties, accounting for 11.60 and 8.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Wisconsin coverage on Ballotpedia

See also[edit]

Wisconsin Judicial Selection More Courts
Seal of Wisconsin.png
Judicialselectionlogo.png
BP logo.png
Courts in Wisconsin
Wisconsin Court of Appeals
Wisconsin Supreme Court
Elections: 20212020201920182017
Gubernatorial appointments
Judicial selection in Wisconsin
Federal courts
State courts
Local courts

External links[edit]

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Suggest a link

Footnotes[edit]

  1. 1.0 1.1 On April 2, 2020, Judge William M. Conley, of the United States District Court for the Western District of Wisconsin, issued an order extending absentee voting deadlines in Wisconsin's April 7, 2020, election. Under Conley's order, the absentee ballot request deadline was extended to 5:00 p.m. April 3, 2020. The ballot return deadline was extended to 4:00 p.m. April 13, 2020. The primary date itself was unchanged.
  2. Wisconsin Vote, "Election Results," accessed February 18, 2020
  3. Daniel Kelly's 2020 campaign website, "Judicial Philosophy," accessed January 23, 2020
  4. 4.0 4.1 WUWM, "Wisconsin Supreme Court Hopeful Ed Fallone Wants To 'Depoliticize' The Bench," January 1, 2020
  5. 5.0 5.1 5.2 Wisconsin Public Radio, "Wisconsin Supreme Court Candidates Debate Role Of Politics, Precedent," November 19, 2019
  6. WKOW, "Gov. Walker appoints Daniel Kelly to Wisconsin Supreme Court," accessed July 24, 2016
  7. WUWM, "Judge Jill Karofsky Wants To End 'Corruption' If Elected To Wisconsin Supreme Court," January 2, 2020
  8. Isthmus, "Supreme consequences," February 6, 2020
  9. Appleton Post-Crescent, "Two Wisconsin Supreme Court candidates appear in Green Bay forum," February 1, 2020
  10. Candidate Connection surveys completed before September 26, 2019, were not used to generate candidate profiles. In battleground primaries, Ballotpedia based its selection of noteworthy candidates on polling, fundraising, and noteworthy endorsements. In battleground general elections, all major party candidates and any other candidates with the potential to impact the outcome of the race were included.
  11. 11.0 11.1 Shepherd Express, "Vote Ed Fallone or Jill Karofsky for Wisconsin Supreme Court in the February 2020 Primary Election," February 11, 2020
  12. Republican Party of Wisconsin, "ICYMI: President Donald J. Trump Endorsed Justice Daniel Kelly for Wisconsin’s Supreme Court," January 15, 2020
  13. 13.0 13.1 13.2 Daniel Kelly's 2020 campaign website, "Endorsements," accessed January 22, 2020
  14. 14.00 14.01 14.02 14.03 14.04 14.05 14.06 14.07 14.08 14.09 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 14.36 14.37 14.38 14.39 14.40 14.41 14.42 14.43 14.44 Jill Karofsky's 2020 campaign website, "Endorsements," accessed January 22, 2020
  15. 15.00 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 Ed Fallone's 2020 campaign website, "Endorsements," accessed January 22, 2020
  16. 16.0 16.1 16.2 16.3 Green Bay Progressive, "Citizen Action endorses Ed Fallone and Jill Karofsky for Supreme Court," January 31, 2020
  17. Twitter, "Justice Daniel Kelly on January 7, 2020," accessed January 23, 2020
  18. 18.0 18.1 18.2 18.3 Wisconsin Campaign Finance Information System, "Friends of Justice Daniel Kelly - Spring Pre-Primary 2020 report," accessed February 11, 2020
  19. Wisconsin Campaign Finance Information System, "Fallone for Justice - Spring Pre-Primary 2020 report," accessed February 11, 2020
  20. 20.0 20.1 Wisconsin Campaign Finance Information System, "Jill for Justice - Spring Pre-Primary 2020 report," accessed February 11, 2020
  21. WEAU, "Wisconsin Supreme Court Candidates speak at forum," February 3, 2020
  22. Jill Karofsky's 2020 campaign website, "Judge Jill Karofsky campaign launches first television advertisement," accessed February 3, 2020
  23. Appleton Post-Crescent, "Two Wisconsin Supreme Court candidates appear in Green Bay forum," February 1, 2020
  24. WSAW, "Kelly launches first ad in Wisconsin Supreme Court race," January 30, 2020
  25. Wisconsin Supreme Court, "State Supreme Court Debate Gets Personal," January 30, 2020
  26. WTAQ, "WI Supreme Court Candidate Forum," January 27, 2020
  27. American Constitution Society, "ACS Madison: Wisconsin Supreme Court Candidates’ Forum," November 19, 2019
  28. Daniel Kelly's 2020 campaign website, "Judicial Philosophy," accessed January 22, 2020
  29. 29.0 29.1 29.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  30. Ed Fallone's 2020 campaign website, "Home," accessed January 22, 2020
  31. Jill Karofsky's 2020 campaign website, "Home," accessed January 22, 2020
  32. 32.0 32.1 32.2 32.3 32.4 32.5 32.6 32.7 Wisconsin Campaign Finance Information System, "Friends of Justice Daniel Kelly - January Continuing 2020 Report," January 15, 2020
  33. Wisconsin Campaign Finance Information System, "Fallone for Justice - July Continuing 2019 Report," July 14, 2019
  34. Wisconsin Campaign Finance Information System, "Fallone for Justice - January Continuing 2020 Report," January 15, 2020
  35. 35.0 35.1 35.2 Wisconsin Campaign Finance Information System, "Jill for Justice - January Continuing 2020 Report," January 14, 2020
  36. Wisconsin Campaign Finance Information System, "Jill for Justice - July Continuing 2019 Report," July 15, 2019
  37. OpenSecrets.org, "Outside Spending," accessed September 22, 2015
  38. OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed September 22, 2015
  39. National Review.com, "Why the Media Hate Super PACs," November 6, 2015
  40. Wisconsin Elections Commission, "Candidate Tracking by Office, 2017 Spring Election - 4/4/2017," accessed January 5, 2017
  41. WEAU.com, "Walker appoints Appeals Judge Bradley to WI High Court," October 9, 2015
  42. Wisconsin State Journal, "Scott Walker appoints Rebecca Bradley to Supreme Court," October 10, 2015
  43. AP, "Wisconsin Summary Vote Results," accessed April 6, 2016
  44. Wisconsin Government Accountability Board, "Election Results," accessed April 6, 2016
  45. Wisconsin Government Accountability Board, "Candidates Registered 2015 Spring Election," January 8, 2015
  46. Wisconsin Election Commission, "2015 Spring Election Results," accessed September 19, 2019
  47. Fox 6 News, Ann Walsh Bradley elected to a third term on Wisconsin Supreme Court, defeating James Daley," April 7, 2015
  48. Wisconsin Court System, "Justice Ann Walsh Bradley," accessed February 13, 2015
  49. Wisconsin Court System, "Wisconsin Supreme Court selects chief judges," June 28, 2013
  50. Wisconsin Court System, "Supreme Court," accessed September 18, 2014
  51. 51.0 51.1 51.2 51.3 American Judicature Society, "Methods of Judicial Selection: Wisconsin," archived October 3, 2014
  52. 52.0 52.1 Wisconsin State Legislature, "Statutes, Chapter 8.50(4)(f)," accessed December 16 2016
  53. Milwaukee Journal-Sentinel, "Walker's approach to the judiciary," September 21, 2013
  54. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.



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