Research

In August, Wisconsin voters will see two proposed state constitutional amendments on their ballots, both aimed at increasing the legislature’s role in allocating federal funds received by the state. The amendments stemmed from legislators’ desire to be more involved with the funding distribution process for billions of dollars in federal COVID-19 pandemic relief funding. This explainer describes each proposed amendment, lays out the main arguments being made for and against the proposals, and provides some broader national context.

This year’s Wisconsin Supreme Court term saw the smallest number of cases ever decided by the court. This report recaps the court’s major democracy and state constitutional law decisions and previews significant cases the court will take up in its 2024 term, which begins in September.

This April, Wisconsin voters will be asked to vote on two proposed amendments to the Wisconsin Constitution. The two proposed amendments on the April 2, 2024, ballot were introduced in the wake of the 2020 election, when cities across Wisconsin—but most prominently Milwaukee, Madison, Green Bay, Kenosha, and Racine—accepted private grants and consultation services to assist with election administration. This Explainer breaks down the backstory, proposed text, and policy arguments regarding each amendment.

The North Carolina Supreme Court had an eventful 2023. Its recent decisions reflect changes in the court’s view of its own role, its relationship with the other branches of government, and its view of the state’s constitution. Most prominently, the court reversed course in two of its high-profile 2022 cases: Harper v. Hall and Holmes v. Moore, addressing elections and voting rights. This Report recaps the North Carolina Supreme Court’s major 2023 democracy decisions and previews significant cases that the court is likely to hear in 2024.

This explainer recaps 2023’s democracy-related ballot measures, exploring the legal and political context in which they were proposed, as well as some of the arguments offered for and against them. It then looks ahead to the democracy-related measures that may appear on the ballot during the pivotal 2024 presidential election cycle.

The Wisconsin Supreme Court’s 2022-23 term, which ended on June 30, unfolded against the backdrop of the most expensive judicial election in U.S. history. While the election grabbed headlines, the term itself was a relatively quiet one—especially compared to the action-packed 2021-22 term and to what could be a blockbuster term in 2023-24.

In a ruling with major implications for direct democracy in Ohio, the Ohio Supreme Court greenlighted the state legislature’s controversial plan to have Ohioans vote in August on a proposed constitutional amendment that would make it harder to amend Ohio’s Constitution in the future. Lawmakers had pushed for a quick vote on their proposed amendment with an eye toward derailing a citizen-led abortion rights initiative that is expected to be on the ballot in November. This is a part of a national trend of state lawmakers seeking to make it tougher for citizens to change laws or amend state constitutions through ballot measures.

The Wisconsin Constitution requires the legislature to present proposed constitutional amendments to the people for a vote. In a decision out today, the Wisconsin Supreme Court held that the judiciary plays only a limited oversight role in that process. A conservative four-justice majority concludes that an amendment survives review as long as the ballot language is not “fundamentally counterfactual” and has a “single general purpose.” The three liberal justices would have adopted a different standard—one that would have allowed the court to reject ballot language that did not reflect “every essential” of the amendment. Several concurring opinions debate the proper methods of constitutional interpretation and the scope of the judicial power.

Wisconsin’s 2023 state supreme court race has drawn attention in part because of its potential to reshape another branch of state government: the legislature.

Wisconsin’s upcoming supreme court election is drawing nationwide attention, with some calling it the country’s “biggest” and “most important” race of the year.