Wisconsin redistricting timeline: What's happened so far, what deadlines are coming up next

Hope Karnopp
Milwaukee Journal Sentinel
Wisconsin's Supreme Court justice Janet Protasiewicz listens to comments as the State Supreme Court hears arguments in a case challenging Wisconsin's electoral maps at the Wisconsin State Capitol in Madison on Tuesday, Nov. 21, 2023.

In a 4-3 decision released last week, the Wisconsin Supreme Court ordered the Republican-controlled state Legislature to draw new legislative maps before the 2024 elections.

While Republican lawmakers are likely to appeal the case to the U.S. Supreme Court, they'll also need to work quickly to propose new maps.

If Republicans can't come to an agreement with Democratic Gov. Tony Evers, the court said it's prepared to replace the maps.

The decision comes less than eight months before the August primary, when voters will narrow down legislative candidates. Half of the state Senate and all of the state Assembly will run in new districts.

The time window for new map proposals is even shorter that that — the Wisconsin Elections Commission requires new maps to be in place by mid-March.

Republicans have also asked the court to reconsider its order, saying there is not enough time to litigate the case before 2024 elections.

"Parties have been given 21 days — a third of them falling on weekends and state holidays — to submit proposed remedies, lengthy remedial briefs, and expert reports," attorneys said.

Here's a timeline of key dates in the case and upcoming deadlines ordered by the court:

Aug. 2, 2023: Case filed after Protasiewicz sworn in

The case was filed a day after the state's highest court flipped to liberal control for the first time in 15 years, following the swearing-in of Justice Janet Protasiewicz.

Law Forward, a Madison-based liberal-leaning law firm focused on voting issues, brought the case directly to the state Supreme Court and bypassed lower courts.

Protasiewicz was elected in April with an 11-point margin and rejected calls from Republicans to recuse herself from the lawsuit after calling the state's electoral maps "rigged" while campaigning.

Nov. 21, 2023: Three hours of oral arguments

The court heard oral arguments in late November. Protasiewicz played a limited role in questioning the parties involved in the case.

Justices focused on asking attorneys who the court should look to for advice on redrawing maps, and what criteria they should consider if they determine the maps are unconstitutional.

Dec. 22, 2023: Court orders new boundaries for 2024

On the Friday before a holiday weekend, the court barred the current legislative maps from being used and directed lawmakers to "pass legislation creating new maps that satisfy all requirements of state and federal law."

The decision noted the court would move toward adopting new maps, given the possibility that Republicans could decline to draw new maps or Evers could veto them.

The court's order imposed the following deadlines for the process of drawing new maps.

Dec. 26, 2023: Data for new maps identified

Two consultants — both political scientists — had to submit a letter to the court "identifying the technical specifications and necessary data" that parties must use for their proposed maps.

Then, by Dec. 30, the parties have to agree on redistricting data that can be used or report that they didn't come to an agreement.

If the parties want to use data from sources other than the state Legislative Technology Services Bureau or the U.S. Census Bureau, they must share copies of the data with the court.

Jan. 12, 2024: Parties file map proposals

The parties — including Republicans in the Legislature and Evers — will file their proposed maps, with supporting expert reports and other materials.

Jan. 15, 2024: Parties share data with each other

In addition to information exchanged through court filings, the parties must share with each other "all other data and inputs that their experts used in their remedial analyses."

Jan. 22, 2024: Parties file response briefs

Parties can file briefs in response to the other map proposals.

Feb. 1, 2024: Consultants review proposals in report

The court's consultants will file a report evaluating each of the map proposals based on the court's criteria — such as population equality, contiguous territory and "partisan impact."

If none of the submissions meet the court's criteria, the consultants will propose their own map. Or, they could suggest technical corrections or minor changes to the parties' proposed maps.

Feb. 8, 2024: Parties respond to the consultants' report

Parties and others involved in the case can then respond to the consultants' report.

March 15, 2024: Maps must be in place

The Wisconsin Elections Commission has said new maps must be in place by March 15.

So, the state Supreme Court would likely have to come to a final decision before then. That doesn't take into account what could happen at the U.S. Supreme Court, however.

Molly Beck and Jessie Opoien of the Milwaukee Journal Sentinel contributed to this report.