Early voting for the Wisconsin Supreme Court race starts next week and, although the seat is technically nonpartisan, both candidates have clear political alignments and backers that are being heavily scrutinized. The topic prompted some of the sparks in last night's heated debate.

Republican billionaire Elon Musk has poured millions into backing Waukesha County Judge Brad Schimel in the April Supreme Court race. Musk's company Tesla is suing the state for denying its request for dealers licenses - a case that could reach the high court.

University of Wisconsin-Madison mass communications professor Michael Wagner said the state's rule about justices making their own decisions about when to recuse themselves from cases makes the election outcome that much more consequential.

"It's in a presidential swing state, it's on a swing court," said Wagner, "and the cases that are going to come before the court are going to be cases where the donors in the election, most notably Elon Musk, have a clear interest and a clear path they want the winning judge to take."

Judge Susan Crawford of Dane County has been called out for receiving campaign money from Democratic billionaire George Soros and Illinois Gov. J.B. Pritzker. Spending on this race is expected to top the historic $56 million spent on the last state Supreme Court race.

Millions have been spent on ads to sway undecided voters. A recent Marquette University poll found many say they still don't know enough about each candidate. Wagner said he doesn't think they'll have a dramatic impact on the election outcome, and predicted party allegiance will drive most voters. But he notes some of the ads egregiously misrepresent the candidates - such as a Schimel campaign ad that featured the wrong Susan Crawford - which speaks to today's contentious political climate.

"We live in this environment where it's just easier to take the shortcut that feels good in the moment," he said, "even if it's not true, even if it isn't good for the long-term 'project' of living together and governing together as citizens."

The April 1 election is already in the national spotlight, as it will determine the political influence of the Wisconsin Supreme Court. Early voting begins next Tuesday.

A handful of Montana bills pushing for partisan judicial elections as part of a broader movement in the state were defeated this month.

Montana law has required judicial elections to be nonpartisan for 90 years, since 1935. Proponents argued partisan elections would be more transparent. Opponents said it is one move in a larger effort to curb judicial power.

Jim Manley was a district court judge in Lake and Sanders Counties until he retired in 2022. He said it is vital judges be respected for their independence.

"Destroying that independence and respect has far-reaching negative effects," Manley contended. "I don't know if some of these politicians don't care about that. But that's the concern among judges and many other people."

He argued electing partisan judges would imply bias in courtrooms and decisions. He noted it could increase electoral spending, which has already skyrocketed in recent years. The Senate Select Committee on Judicial Oversight and Reform, created last year, brought 27 such bills to the current session. Only one has passed so far.

Interest groups have targeted judicial elections because of the hot-button issues they sometimes have to decide. Abortion and the environment are examples.

"You can't just take that authority away from the judicial branch to discipline judges or to determine what they can do," Manley stressed.

The effort to curb judicial power is unpopular. Only 20% of Montanans surveyed earlier this year said courts have too much authority.

Montana's new Supreme Court Chief Justice Cory Swanson, who has a conservative background, urged lawmakers in his 2025 State of the Judiciary address to keep elections nonpartisan and, quote, "reject legislation that will undermine the effective functioning of the judiciary." He said, "It will ultimately harm Montana citizens."


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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.

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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