The upcoming election for a seat on the Wisconsin Supreme Court just became the most expensive judicial race in American history. Thanks to unlimited spending allowed by Citizens United and other court decisions, money is flowing into the race from all over the country. This infusion of national spending risks drowning out voices from within the state.
The national attention comes amid the increased the role of state high courts in high-profile cases on issues such as abortion access, election law, and gun rights. As a result, the candidates are being significantly outspent by independent groups, most of them from outside Wisconsin.
Wisconsin Supreme Court elections are officially nonpartisan, but in recent years they have frequently ended up as showdowns between Democratic- and Republican-backed candidates. Next month’s vote will be the second in a row with ideological control of the court hanging in the balance after liberals took control in 2023. Democrats are supporting Dane County Circuit Judge Susan Crawford, while Republicans favor former state Attorney General Brad Schimel.
The two campaigns and their supportive outside spenders have already spent more than $73 million, and the rate of spending is likely to ramp up even more in the final week.
Crawford’s campaign spending of $19.4 million is more than double that of Schimel’s $8.9 million. (These figures are based on estimates of television ad spending, and candidate filings due this week will paint a fuller picture of their fundraising and spending.) But independent groups like super PACs and nonprofits spending untraceable “dark money” favor Schimel by a much larger margin: $12.9 million benefiting Crawford compared with almost $32.1 million boosting Schimel.
Two of the biggest spenders in the race, the Schimel-boosting America PAC and a group called Building America’s Future, have spent over $14.3 million, which is nearly one dollar for every five spent in the contest. Elon Musk has provided almost all the funding for America PAC. While Building America’s Future doesn’t reveal its donors, Musk is reportedly a major funder.
Schimel is also supported by $4.3 million from Wisconsin Manufacturers and Commerce, an industry dark money group; $4 million from Fair Courts America, a national group with ties to conservative megadonor Richard Uihlein of Illinois; $3.2 million from Americans for Prosperity, a libertarian group affiliated with Koch Industries; and $1.8 million from the Republican State Leadership Committee.
Crawford’s biggest independent support includes $6.2 million in expenditures by A Better Wisconsin Together, a state group with major donations from Wisconsin philanthropist Lynde Uihlein (a cousin of Richard Uihlein) as well as national liberal groups. The ACLU Voter Education Fund also spent $1 million boosting Crawford. In addition, liberal megadonor George Soros gave $1 million to the state Democratic party, which supports Crawford.
Despite the range of interests spending in the race, the majority of ads appear to focus on one set of issues: crime and punishment — even those from groups with no obvious interest in crime, like Wisconsin Manufacturers and Commerce. This fits a pattern with many other high-profile judicial races. Research suggests that the focus of political advertisers on criminal justice has a tangible impact on how judges rule in criminal matters, with judges more likely to rule against defendants in election years to avoid being targeted as “soft on crime.” Other ads from Building America’s Future appear to be designed to deceive voters, nominally supporting Crawford while highlighting wedge issues like abortion and immigration.
While political ads can help voters understand what’s at stake, it’s hard to argue that so much spending on inflammatory ads that have little do with their funders’ actual agendas helps voters make informed decisions. The Wisconsin Supreme Court is the final authority interpreting state law and the state constitution on important issues that directly impact the lives of millions of Wisconsinites, and the state’s voters choose the justices. But big money is trying to influence the outcome in favor of out-of-state interests.
