Bothfeld v. Wisconsin Elections Commission — Legislative Gerrymandering (WI)

On May 7, nine Wisconsin voters challenged the state’s congressional map. They argued that it violates the Wisconsin state constitution by packing Democrats into two districts and diluting Democratic representation in other communities throughout the state.

The Wisconsin Supreme Court adopted the map in 2021 after Gov. Tony Evers vetoed what he said was a blatantly partisan attempt by the Republican-controlled legislature to tip the state’s political presence in Congress. But when it adopted the current congressional map, the state’s high court opted for a “least-change” standard, choosing not to veer too far from existing electoral boundaries.

The complaint cites data analysis by the nonpartisan organization PlanScore, which found the congressional map in Wisconsin was one of the most gerrymandered in the country. The plaintiffs argue the state Supreme Court not only allowed partisan gerrymandering that violated equal protection guarantees but also violated separation of powers principles—both of which are in the state’s constitution.

Plaintiffs are asking the state Supreme Court to order new maps ahead of the 2026 general election.

On June 6, Evers filed a non-party amicus brief in support of the voters.

“Fair maps are the cornerstone of representative democracy, and the judiciary—when necessary—must ensure their fairness,” Evers wrote.

He said the court should follow up on a previous ruling that scrapped state legislative maps that were politically gerrymandered and remedy the congressional maps, as well. That recent ruling rejected the “least change” approach to redistricting.

In 2021, Evers was a party in the lawsuit over the state’s gerrymandered maps. At the time, the state Supreme Court said map proposals must follow the “least change” principle. With his hands tied, Evers submitted the current congressional maps, despite his warnings about the flawed methodology. He is now asking the court to remedy those maps.

States United Democracy Center is co-counsel representing Evers, along with the Wisconsin Department of Justice, in this case.

• Evers’ non-party amicus brief (filed June 6, 2025)
• Petition for original action (filed May 5, 2025)

• Election Law Blog: Challenges to Wisconsin’s Congressional Plan (June 6, 2025)
• Wisconsin Law Journal: Wisconsin Democrats seek new congressional maps (May 9, 2025)