Clarke v. Wisconsin Elections Commission
Clarke v. Wisconsin Elections Commission was a December 2023 decision of the Wisconsin Supreme Court which struck down the state Senate and Assembly district maps of the Wisconsin Legislature. The decision held that the Constitution of Wisconsin—in sections 4 and 5 of Article IV—requires "legislative districts [to] be composed of physically adjoining territory." In a 4–3 opinion written by justice Jill Karofsky, the Court ordered new maps to be drawn ahead of the 2024 Wisconsin elections.
| Clarke v. Wisconsin Elections Commission | |
|---|---|
Seal of the Wisconsin Supreme Court | |
| Court | Wisconsin Supreme Court |
| Full case name | Rebecca Clarke et al. v. Wisconsin Elections Commission et al. |
| Decided | December 22, 2023 |
| Court membership | |
| Judge(s) sitting | Annette Ziegler, Chief Justice Ann Walsh Bradley, Rebecca Bradley, Rebecca Dallet, Brian Hagedorn, Jill Karofsky, Janet Protasiewicz, Justices |
| Case opinions | |
| The existing legislative district maps were found to be unconstitutional because they failed the requirement for "contiguous territory" in Art. IV, Sec. 4, and Art. IV, Sec. 5, of the Constitution of Wisconsin. | |
| Decision by | Karofsky |
| Dissent | Ziegler, R. Bradley, Hagedorn |
The remedial process completed on February 19, 2024, when governor Tony Evers signed a new map proposal passed by the legislature. While partisan gerrymandering was not an issue the court chose to address in the lawsuit, the decision and remedy had the effect of eliminating one of the most successful partisan gerrymanders in U.S. history and replacing it with a map in which either party had a legitimate shot at legislative majorities.