Underly Wins State Superintendent, Grogan Wins Judgeship, Republicans Win Special Elections

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There were almost no surprises on Election Day in Wisconsin.

Underly Wins State Superintendent

Democrat Jill Underly won Tuesday’s election for state superintendent of Wisconsin’s Department of Public Instruction. She defeated Republican Deb Kerr. The state superintendent’s race is officially nonpartisan, but it saw lots of political spending. Underly was the choice of Wisconsin’s teachers’ unions, and she attracted more than $800,000 in outside political money. Kerr’s campaign got off to a slow start with a number of missteps, and she was massively outspent.

Wisconsin Republicans will hold on to their majorities at the State Capitol by winning two seats in special elections yesterday. Republican John Jagler won the Senate seat that used to belong to Scott Fitzgerald in southeastern Wisconsin. Elijah Behnke won the Assembly seat north of Green Bay that used to belong to John Nygren. Both men were expected to win. The victories mean Republicans will retain majorities in the state legislature.

In other races, southeast Wisconsin is sending a conservative to the state’s appeals court. Judge Shelley Grogan easily defeated Tony Evers-appointee Jeff Davis in Tuesday’s election for the Second District Court of Appeals. Grogan currently clerks for the Wisconsin Supreme Court and is a part-time municipal judge in Muskego. Davis was serving out the last of Brian Hagedorn’s term on the appellate court. The second district seat covers all of southeast Wisconsin, with the exception of Milwaukee.

There is no official vote count for Wisconsin yet, but many local clerks say their turnouts were less than 20%.

Most of the races on Tuesday’s ballots were local races for school board, city council, and local judges.

Table of Contents

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Justice Rebecca Bradley Calls Courts’ Map Review Doing ‘Bidding of political masters’

(The Center Square) – A conservative Wisconsin Supreme Court justice called the courts’ decision to hear a case challenging the state’s congressional maps doing the “bidding of its political masters” rather than a proper decision.

The court sent an order stating that it would hear an appeal of a three-judge panel’s ruling not to hear the case but said that it would not hear the case on a requested expedited schedule.

“The Democratic Party bought multiple seats on this court to achieve yet another outcome unobtainable democratically,” Justice Rebecca Bradley wrote in dissent.

Bradley joined Justice Annette Ziegler in dissent against hear the case from the Wisconsin Business Leaders for Democracy that a three-judge panel dismissed on April 28.

“It is indeed rare that I feel compelled to object to hearing a case,” Ziegler wrote. “But here, I have concluded this is too important to stand silent. The public should be informed of the requests afoot and it should have the opportunity to stay abreast of these proceedings.

“And, of course, the briefing and arguments could cause me to conclude that this appeal was proper and relief should be granted. We shall see.”

The majority of judges took offense at Bradley’s insinuation that the decision to hear the case was politically motivated, calling the dissent “false, inappropriate, and disingenuous charges.”

“Deciding to hear a case does not reflect any weighing of the merits of any party’s claims, let alone prejudgment about who will prevail and why,” Justice Rebecca Dallet wrote. “We do not prejudge cases, and for that reason, we do not comment at this early stage on the parties’ legal theories, or try to develop arguments in favor of one side or another.”

Ziegler wrote that it was “shocking” the case would be reviewed without analysis of the jurisdiction of the case, if there is a proper claim or if there is even a right to appeal the ruling of a three-judge panel. She pointed to four other times that the Wisconsin Supreme Court had determined that the current congressional map would not be reviewed.