What The Hell America!

Ten years ago, when Wisconsin lawmakers approved a bill to allow unlimited spending in state elections, only one Republican voted no.

“I just thought big money was an evil, a curse on our politics,” former state Sen. Robert Cowles said recently of his 2015 decision to buck his party.

As Wisconsin voters head to the polls next week to choose a new state Supreme Court justice, Cowles stands by his assessment. Voters have been hit with a barrage of attack ads from special interest groups, and record-setting sums of money have been spent to sway residents. What’s more, Cowles said, there’s been little discussion of major issues. The candidates debated only once.

“I definitely think that that piece of legislation made things worse,” Cowles said in an interview. “Our public discourse is basically who can inflame things in the most clever way with some terrible TV ad that’s probably not even true.”

More than $80 million has been funneled into the race as of March 25, according to two groups that have been tracking spending in the contest — the Brennan Center for Justice, a nonpartisan law and policy group that follows judicial races, and the news outlet WisPolitics. That surpasses the previous costliest judicial race in the country’s history, approximately $56 million spent two years ago on the Supreme Court race in Wisconsin.

Money is pouring into this swing state election so fast and so many ads have been reserved that political observers now believe the current race is likely to reach $100 million by Tuesday, which is election day.

“People are thoroughly disgusted, I think, across the political spectrum with just the sheer amount of money being spent on a spring Supreme Court election in Wisconsin,” said Jay Heck, executive director of Common Cause Wisconsin, which has long advocated for campaign finance reform.

But the elected officials who could revamp the campaign finance system on both sides of the aisle or create pressure for change have been largely silent. No bills introduced this session. No press conferences from legislators. The Senate no longer even has a designated elections committee.

The current election pits former Republican Attorney General Brad Schimel, now a circuit court judge in conservative-leaning Waukesha County, against Susan Crawford, a judge in Dane County, the state’s liberal bastion.

Though the race technically is nonpartisan, the Democratic Party, including former President Barack Obama, has endorsed Crawford; the party has received financial support from liberal billionaire George Soros. On the other side, President Donald Trump posted a message on his social media platform on March 21 urging his supporters to vote for Schimel, and much of Schimel’s money comes from political organizations tied to Elon Musk.

The stakes are high. Whoever wins will determine the ideological bent of the seven-member court just two years after Janet Protasiewicz won a seat on the court and swung it to the liberals. With Protasiewicz on the court, the majority struck down state legislative maps, which had been drawn to favor Republicans, and reinstated the use of drop boxes to collect absentee ballots.

A Schimel victory could resurrect those and other voting issues, as well as determine whether women in the state will continue to be able to access abortion.

Two pro-Schimel groups linked to Musk — America PAC and Building America’s Future — had disclosed spending about $17 million, as of March 25. Musk himself donated $3 million this year to the Republican Party of Wisconsin. In the final stretch of the campaign, news reports revealed that Musk’s America PAC plans to give Wisconsin voters $100 to sign petitions rejecting the actions of “activist judges.”

That has raised concerns among some election watchdog groups, which have been exploring whether the offer from Musk amounts to an illegal inducement to get people to vote.

On Wednesday night, Musk went further, announcing on X a $1 million award to a Green Bay voter he identified only as “Scott A” for “supporting our petition against activist judges in Wisconsin!” Musk promised to hand out other million-dollar prizes before the election.

Musk has a personal interest in the direction of the Wisconsin courts. His electric car company, Tesla Inc., is suing the state over a law requiring manufacturers to sell automobiles through independent dealerships. Musk and Tesla did not respond to requests for comment about his involvement in the race.

Also on Schimel’s side: billionaires Diane Hendricks and Richard Uihlein and Americans for Prosperity, a dark-money group founded by billionaire Charles Koch and his late brother David. Americans for Prosperity has reported spending about $3 million, primarily for digital ads, canvassing, mailers and door hangers.

A Better Wisconsin Together Political Fund, a union-supported electioneering group, has ponied up over $6 million to advance Crawford. In other big outlays, Soros has given $2 million to the state Democratic Party, while Illinois Gov. JB Pritzker, another billionaire, gave $1.5 million. And California venture capitalist Reid Hoffman, co-founder of LinkedIn, donated $250,000.

In Wisconsin, political parties can steer unlimited amounts to candidates.

State Sen. Jeff Smith, a Democrat and a minority leader, called the spending frenzy “obscene.”

“There’s no reason why campaigns should cost as much as they do,” he said.

Asked for comment about the vast amount of money in the race, Crawford told ProPublica: “I’m grateful for the historic outpouring of grassroots support across Wisconsin from folks who don’t want Elon Musk controlling our Supreme Court.”

Schimel’s campaign called Crawford a “hypocrite,” saying she “is playing the victim while receiving more money than any judicial candidate in American history thanks to George Soros, Reid Hoffman, and JB Pritzker funneling money to her campaign.”

Quizzed Monday by a TV reporter on whether he would recuse himself if the Tesla case got to the state’s high court, Schimel did not commit, saying: “I’ll do the same thing I do in every case. I will examine whether I can truly hear that case objectively.”

A decade after Wisconsin opened the floodgates to unlimited money in campaigns in 2015, some good government activists are wondering if the state has reached a tipping point. Is there any amount, they ask, at which the state’s political leaders can be persuaded to impose controls?

“I honestly believe that folks have their eyes open around the money in a way that they have not previously,” Nick Ramos, executive director of the nonpartisan Wisconsin Democracy Campaign, which tracks campaign spending, told reporters during a briefing on spending in the race.

A loosely organized group of campaign reformers is beginning to lay the groundwork for change. The Wisconsin Democracy Campaign recently called a Zoom meeting that included representatives of public interest groups inside and outside of Wisconsin, dark-money researchers and an election security expert.

They were looking for ways to champion reform during the current legislative session. In particular, they are studying and considering what models make sense and may be achievable, including greater disclosure requirements, public financing and restricting candidates from coordinating with dark-money groups on issue ads.

But Republicans say that the spending is a natural byproduct of the U.S. Supreme Court’s 2010 Citizens United decision, which equated campaign spending with free speech and opened the spigots for big-money races.

“For the most part, we don’t really, as Republicans, want to see the brakes on free speech,” said Ken Brown, past chair of the GOP Party of Racine, a city south of Milwaukee. Noting he was not speaking for the party, Brown said he does not favor spending limits. “I believe in the First Amendment. It is what it is. I believe the Citizens United decision was correct.”

Asked to comment on the current system of unlimited money, Anika Rickard, a spokesperson for the Republican Party of Wisconsin, did not answer the question but instead criticized Crawford and her funders.

Post-Reform Bill Opened Floodgates

At one point, Wisconsin was seen as providing a roadmap for reform. In 2009, the state passed the Impartial Justice Act. The legislation, enacted with bipartisan support, provided for public financing of state Supreme Court races, so candidates could run without turning to special interests for money.

The push for the measure came after increased spending by outside special interests and the candidates in two state Supreme Court races: the 2007 election that cost an estimated $5.8 million and the the 2008 contest that neared $6 million, according to the Wisconsin Democracy Campaign.

Candidates who agreed in 2009 to public financing and spending limits received grants of up to $400,000 for the race. The money came from the Democracy Trust Fund, which was supported by a $2 income tax check-off.

“​​Reformers win a fight to clean up court races,” the headline on an editorial in The Capital Times read at the time.

But the law was in place for only one election, in April 2011. Both candidates in the court’s general election that year agreed to take public funding, and incumbent Justice David Prosser, a conservative, narrowly won reelection. Then Republicans eliminated funding for the measure that summer. Instead, the money was earmarked to implement a stringent voter ID law.

By 2015, GOP leaders had completely overhauled the state’s campaign finance law, with Democrats in the Assembly refusing to even vote on the measure in protest.

“This Republican bill opens the floodgates to unlimited spending by billionaires, by big corporations and by monied, special interests to influence our elections,” Rep. Lisa Subeck, a Democrat, said in the floor debate.

Wisconsin is no longer cited as a model. Activists point to other states, including Arizona, Oregon and Rhode Island. Arizona and Oregon established disclosure measures to trace the flow of dark money, requiring campaign spenders to reveal the original source of donations. Rhode Island required ads to name not only the sponsor but the organization’s top donors so voters can better access the message and its credibility.

Amid skepticism that Wisconsin will rein in campaign spending, there may be some reason for optimism.

A year ago, a proposed joint resolution in Wisconsin’s Legislature bemoaned Citizens United and the spending it had unleashed. The resolution noted that “this spending has the potential to drown out speech rights for all citizens, narrow debate, weaken federalism and self-governance in the states, and increase the risk of systemic corruption.”

The resolution called for a constitutional amendment clarifying that “states may regulate the spending of money to influence federal elections.”

And though it never came to a vote, 17 members of the Legislature signed on to it, a dozen of them Republicans. Eight of them are still in the Legislature, including Sen. Van Wanggaard, who voted for the 2015 bill weakening Wisconsin’s campaign finance rules.

Wanggaard did not respond to a request for comment. But an aide expressed surprise — and disbelief — seeing the lawmaker’s name on the resolution.