MADISON, Wis. – The 4-to-3 ruling by the Wisconsin Supreme Court to end the 2012 John Doe probe into Governor Scott Walker's recall election campaign financing will open the doors to secret outside money in Wisconsin elections, says Jay Heck, executive director of Common Cause in Wisconsin.
Heck says the court's decision effectively renders contribution limits "meaningless" in the state, and will allow outside groups to influence elections.
"We have currently spending limits of $10,000 on the amount of contribution you can give to a gubernatorial campaign, and $1,000 to a state Senate campaign," he says. "Those are meaningless now if your campaign can coordinate with outside groups who have no limits on the amount of money they can spend."
Supporters of the decision say the John Doe probe was politically motivated, and note that in the three years the case has been active, no arrests have been made. The prosecutors who initiated the probe – from both political parties – alleged that Walker's recall election team broke state election laws by working in concert with outside dark money groups to coordinate campaign spending.
Heck says four of the seven justices of the court were beneficiaries of dark money spent on their behalf during their election campaigns by Wisconsin Manufacturers and Commerce, and the Wisconsin Club for Growth. Both of those organizations were sources of funds at the core of the John Doe probe. Heck calls the decision to end the probe into campaign money coordination "unprecedented."
"That hasn't been permitted by any federal court or state court in the country," he says. "This is the first time this has happened, and it's something that needs to be appealed to the United States Supreme Court. Obviously we'll look into the possibilities of that happening."
Because the investigation has been halted, Heck says Wisconsinites and the rest of the nation will never know if Governor Walker and his campaign engaged in unlawful activity. He says the ruling means outside election money will flow into the Badger State.
"We probably are now going to see an even greater flood of secret outside money coming into Wisconsin," he says. "Undermining our elections, corrupting our public officials and seizing control of our state government."
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Political maneuvers continue with the pivotal Wisconsin Supreme Court race less than a week away - the latest coming from the White House. In the weeks leading up to the April 1st election, the state has seen partisan-backed campaigns, swirling misinformation and incentives that border on bribes. On Wednesday, President Donald Trump signed an executive order to reshape state elections - with changes like proof of citizenship requirements - days before Wisconsin voters take to the polls.
Brett Edkins, managing director for policy and political affairs with Stand Up America, says it all reflects the climate stoked by the country's leaders.
"So, it's no surprise that they're trying that playbook again in Wisconsin," he explained. "And what it still comes down to is a really basic question. Do we want a MAGA court in Wisconsin? Do we want a Supreme Court bought and paid for by Elon Musk?"
Groups tied to Musk, the Tesla and SpaceX CEO who is overseeing the Department of Government Efficiency, have poured about $17 million into backing candidate Brad Schimel, while Susan Crawford's campaign reports a total $24 million in funding, with notable contributions from billionaire George Soros. Overall spending has surpassed all records for judicial races and is expected to reach $100 million.
Most state elections don't garner mass attention, but Edkins says in the battleground swing state, outcomes have national implications.
"Where Wisconsin goes, so goes the country. What's at stake in Wisconsin are ensuring that we have free and fair elections in 2026 and 2028," he added.
The high court has become the referee for some of the most hotly debated election rules, narrowly rejecting then-presidential candidate Donald Trump's lawsuit to overturn the 2020 election results. And last year the court reversed gerrymandered maps and restored ballot drop boxes.
Lucy Ripp, communication director with A Better Wisconsin Together, says voters need to cut through the chaos and remember why the election matters.
"The Wisconsin Supreme Court exists to uphold and protect our constitutional rights and freedoms in Wisconsin. And so, it's really important that we pay attention to who we are electing to the court," she said.
Cases about abortion access, the rights of voters with disabilities, noncitizen voting and the legality of drop boxes are just some the high court could see - as well as a lawsuit concerning one of Musk's companies, Tesla.
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After Elon Musk, a man once worth $327 billion, spent a quarter billion to elect Donald Trump, he was rewarded with unprecedented powers over the federal government.
Brandon Novick, policy coordinator with the Center for Economic and Policy Research, says blatant corruption in the United States is not new. And it's legal, thanks to the U.S. Supreme Court's Buckley versus Valeo ruling in 1976.
"That decision was the root one that said that 'money is speech' and that people can infinitely spend in elections. In Citizen's United, basically the court said based on this, we're saying corporations, not just individuals, can infinitely spend in elections," he explained.
To avoid the appearance of quid pro quo corruption, Novick said the nation's highest court clarified that unlimited spending to influence the outcome of an election is OK, so long as the cash is spent independently and not in coordination with a candidate's official campaign.
Billionaires are not just buying power from Republicans. Novick pointed to Reid Hoffman, who spent some $17 million on the Kamala Harris campaign. When Hoffman called for the Federal Trade Commission's chair Lena Kahn to get the boot, Harris refused to commit to keeping Kahn in her post.
"This issue is bipartisan. The establishments of both parties are not working to solve it. But the current Trump administration is the greatest example of blatant billionaire control bought through bribes in campaign spending," Novik said.
Good-government groups have long argued that in American democracy, one citizen - not one dollar - should equal one vote. Novick said there are only two viable pathways to get money out of politics. The U.S. Supreme Court could overturn previous decisions, which is unlikely since many of today's Justices were involved in Citizen's United.
"The only other way to get past this is a constitutional amendment to overturn their decision and get money out of politics. Because if Congress just passes a law, they'll strike it down," he added.
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Gov. Mark Gordon has just a few days left to make final decisions on bills passed during the Wyoming legislative session.
Both fair election advocates and Gordon himself have called some in the pile "boilerplate." The governor signed bills into law this month to prohibit ranked choice voting -- a system not currently used in the state -- and foreign funding for ballot measures, although one slated for the 2026 ballot will be the first in 30 years.
Marissa Carpio, policy director for the Equality State Policy Center, noted the trend could be the result of new control by the Freedom Caucus in Wyoming's House of Representatives.
"What seems like happened is, boilerplate bills from national groups making their way into Wyoming, with issues that we just do not have," Carpio observed. "Maybe just to send a message to those national groups that Wyoming is a place where you can do that."
Gordon this week vetoed Senate File 196, which would have amended the "Second Amendment Protection Act" to include legal ramifications for police officers who "participate in" the enforcement of federal firearms laws. In his three-page veto letter, Gordon wrote the state "shouldn't need to pass boilerplates created in far-flung states that seek to fix problems we haven't seen in Wyoming."
A bill still awaiting Gordon's pen would change qualifications for voter registration to include a 30-day residency requirement and proof of citizenship, which often means a passport or birth certificate.
Carpio pointed out the bill mirrors the federal Safeguard American Voter Eligibility, or SAVE Act.
"Our concerns with that bill were that it would impact women, elderly women without documentation or who might have a different name on some of their papers than other papers," Carpio outlined. "It might open up the door for discriminatory practices."
According to the Center for American Progress, 60% of Wyoming citizens do not have a valid passport, and nearly 140,000 women in the state do not have a birth certificate matching their current legal name.
Support for this reporting was provided by The Carnegie Corporation of New York.
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