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Government responses to and political effects of the coronavirus pandemic, 2020 (Wisconsin)

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A note about Wisconsin's spring election: The Wisconsin Election Commission voted unanimously to send absentee/mail-in ballot applications automatically to most registered voters in the November 3, 2020, general election.
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Responses by state


Ballotpedia’s coverage of COVID-19 includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.

This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:

Additionally, the article includes:

To view current coverage areas, including mask requirements, school responses, travel restrictions, and much more, click a state in the map below.

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Changes to election dates and procedures, March 16 through November 19

General election changes

Wisconsin modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:

  • Absentee/mail-in voting: Absentee and mail-in ballot applications were sent to most registered voters in the general election.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Primary election changes

Political party events in Wisconsin were modified as follows:

  • Political party events: The Republican Party of Wisconsin postponed its state convention, originally scheduled to take place in May, to July 10-11.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Click the gray bar below for more detailed information.


Statewide stay-at-home order, March 23 through December 4

Gov. Tony Evers (D) declared a state of emergency on March 12, 2020. At the time of the declaration, there were at least eight confirmed cases of coronavirus in the state.[7]

On March 24, 2020, Evers issued Executive Order #12, directing Wisconsinites to stay at home as much as possible and non-essential businesses and operations to cease, with limited exceptions for minimum basic operations and working from home. The order was initially set to expire on April 24.[8] On April 16, Andrea Palm, the Secretary-designee of the Wisconsin Department of Health Services, extended the order on Evers's behalf through May 26.[9]

On May 13, the Wisconsin Supreme Court ruled 4-3 that Wisconsin Department of Health Services Secretary-designee Andrea Palm overstepped her authority when she extended the state's stay-at-home order through May 26 on behalf of Gov. Evers.[10] Click here to read more about the lawsuit.

Below is a list of essential businesses per Gov. Evers and the Wisconsin Department of Health Services:

What is an Essential Business or Operation Under the Order?

  • Any business or worker identified in the U.S. Department of Homeland Security, Cybersecurity & Infrastructure
  • Security Agency (CISA) memo, and any subsequent version of this memo
  • Stores that sell groceries and medicine, including bakeries, provided they:
    • close all seating intended for consuming food;
    • cease any self-service operations of salad bars, beverage stations, and buffets;
    • except for grocery stores, prohibit customers from self-dispensing all unpackaged food; and
    • abide by social distancing requirements.
  • Food and beverage production, transport, and agriculture
  • Restaurants and bars, for take-out and delivery service of food
  • Organizations that provide charitable and social services, including food banks and shelters
  • Religious entities as long as any gathering includes fewer than 10 people in a room or confined space at a time and individuals adhere to social distancing requirements as much as possible.
  • Weddings and funerals as long as any gathering includes fewer than 10 people in a room or confined space at a time and individuals adhere to social distancing requirements as much as possible.
  • News media
  • Gas stations and businesses needed for transportation
  • Financial institutions and services
  • Hardware and supplies stores
  • Critical trades
  • Mail, post, shipping, logistics, delivery, and pick-up services
  • Laundry services
  • Supplies to work from home
  • Supplies for essential businesses and operations and essential governmental functions
  • Transportation to and from activities permitted in the order
  • Home-based care and services
  • Professional services
  • Manufacture, distribution, and supply chain for critical products and industries
  • Critical labor union functions
  • Hotels and motels
  • Higher educational institutions for purposes of facilitating distance learning, performing critical research, or other essential functions

[11]

Executive orders, March 30 through June 29

See also: Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020


Court closures, March 17 through November 4

See also: State court closures in response to the coronavirus (COVID-19) pandemic, 2020
  • October 1, 2020: The Wisconsin Supreme Court issued an order that reimposes a prohibition on in-person proceedings whenever a circuit or municipal court reverses any part of its operational plan in response to the coronavirus. Circuit and municipal courts were previously permitted to reopen so long as the plan was approved by the chief judge in each administrative district.[12]
  • May 22, 2020: The Wisconsin Supreme Court issued an order that allows municipal and circuit courts to reopen on a county-by-county basis. To reopen, courts must submit a plan to protect participants and observers before they can resume in-person hearings and jury trials, and the chief judge must approve the plan of each judicial, administrative district. Each plan must require face coverings in courtrooms, frequent cleaning, and signs pointing the way to hand sanitizer.[13]
  • May 18, 2020: The Wisconsin Courts COVID-19 Task Force released its final report, which includes a framework for counties and circuit courts to work together to reopen court facilities and return to in-person proceedings.[14]
  • March 23, 2020: The Wisconsin Supreme Court suspended jury trials and halted in-person proceedings in favor of phone and video conferences through May 22.[15]
  • March 11, 2020: The Wisconsin Court System announced that counties and circuit courts could implement changes in response to coronavirus.[16] For a list of local changes, click here.

Legislative session changes, March 20 through October 1

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

On April 3, 2020, Gov. Tony Evers (D) announced he was signing an executive order calling the legislature to meet in a special session beginning at 4:00 PM on April 4, 2020, to discuss changes to the spring election.The legislature adjourned without taking action on Evers' proposal. Evers issued another executive order on April 6, 2020, calling on the state legislature to convene a special session on April 7, 2020, again to consider changes to the state's spring election. The legislature again adjourned without taking action on Evers' proposal. The legislature convened for another special session on April 14, 2020. The legislature adjourned on May 13, 2020.[17]

Proposed and enacted legislation, March 25 through August 19

See also: State laws in response to the coronavirus (COVID-19) pandemic, 2020

See below for a complete list of bills related to the coronavirus pandemic in Wisconsin. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.

Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24

See also: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020


  • May 26, 2020: The moratorium on evictions and foreclosures issued by Gov. Tony Evers (D) expired, allowing landlords and banks to begin eviction and foreclosure procedures.[18]
  • March 27, 2020: Gov. Evers issued an executive order that halted evictions and foreclosures for 60 days. The order also prohibited landlords from evicting tenants for failure to pay.[19]


Prison inmate release responses, March 30 through July 1

See also: State and local governments that released prison inmates in response to the coronavirus (COVID-19) pandemic, 2020
  • May 8, 2020: The Wisconsin Department of Corrections announced that nearly 1,600 inmates have been released since March to help slow the spread of coronavirus. According to the Department of Corrections, most of the inmates released were held on probation, parole or extended supervision violations.[20] A few counties released inmates on the local level.[21]


Debate in Wisconsin over responses to the coronavirus

See also: Debate in Wisconsin over responses to the coronavirus (COVID-19) pandemic, 2020

Ballotpedia is covering the debate over continuing restrictions and closures in Wisconsin in response to the coronavirus pandemic. Click on the links below to read more about these debates.

Status of industries, May 15 through July 31

Between May 15 and July 31, we conducted detailed tracking of industries and activities in each state daily.

  • "Yes" means an activity was allowed or an industry was permitted to open. "No" means an activity was not allowed or an industry was not permitted to reopen.
  • Some rules were applied regionally rather than statewide. Each cell shows the loosest restriction in place at the time, or the broadest level of an activity permitted in the state, even if that activity was only permitted regionally. Where applicable, we indicated that an activity was only permitted regionally, and provided details in a cell note. For example, if gyms were permitted to open in half of a state, the spreadsheet would say "Yes (regionally)," and differences between the regions would be explained in a note.
  • A lack of detail in a note or parentheses does not necessarily mean that an activity or industry was "back to normal." We did our best to capture caveats, exceptions, and modifications to activities. We acknowledge, though, that states put forth a large number of requirements for many industries and activities.

Initial reopening plan from March and April 2020 closures

Wisconsin released an initial reopening plan from March and April 2020 closures on April 20, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on July 2. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.

Summary from Documenting America's Path to Recovery

See also: Documenting America's Path to Recovery: July 2, 2020

On April 20, Gov. Tony Evers (D) announced “Badger Bounce Back,” a phased plan to lift restrictions put in place to combat the spread of the coronavirus. That same day, Secretary-designee of the Wisconsin Department of Health Services Andrea Palm issued Emergency Order #31, which outlined the phases of reopening. In announcing the plan, Evers said, “As we've learned over the past month, in the most difficult of circumstances, Wisconsinites will rise to the occasion, helping each other and working together to do what's best for our families, our neighbors, and our communities. That's what the Badger Bounce Back is all about: our resilience as a people and as a state. I am excited and hopeful about this plan. While being safe at home continues to be important, this plan is an all-out attack on the virus and it begins the process of preparing our businesses and our workforce for the important planning that will result in the safe and logical reopening of our economy.” Evers said the state would not enter the first phase of reopening until reported influenza-like illnesses and COVID-19 symptoms, as well as positive tests, began declining over a 14-day period. Emergency Order #31 established the following criteria for moving between phases of reopening:

Gating criteria

  • Symptoms:
    • Downward trajectory of influenza-like illnesses reported within a 14-day period
    • Downward trajectory of COVID-19-like syndromic cases reported in a 14-day period.
  • Cases:
    • Downward trajectory of positive tests as a percent of total tests within a 14-day period
  • Hospitals:
    • Treatment of all patients without crisis care
    • Robust testing programs in place for at-risk healthcare workers
    • Decreasing numbers of infected healthcare workers.

The order also established a set of core responsibilities the state had to show progress in that included in, including improving testing, tracing, tracking, procuring personal protective equipment (PPE), and healthcare capacity.

Context

  • On March 24, Evers directed Andrea Palm, the Secretary-designee of the Wisconsin Department of Health Services, to issue a statewide stay-at-home order that required all individuals to stay at home unless performing essential activities. The order, called “Safer at Home,” was originally scheduled to expire on April 24. On April 16, Palm extended the order on behalf of Evers through May 26. On May 13, the Wisconsin Supreme Court struck down the order in a 4-3 decision. Read more about the decision here.
  • As of July 1, Wisconsin had reported 29,199 confirmed cases of COVID-19 and 786 deaths. Wisconsin had an estimated population of 5,822,434 as of July 2019. For every 100,000 residents, the state had 501.5 cases and 13.5 deaths.
  • Wisconsin has a divided government. Democrats hold the governorship, while Republicans hold majorities in the state House and Senate.

Plan details

Wisconsin never entered the first phase of the reopening plan. A lawsuit filed by the Wisconsin State Legislature on April 21, the Wisconsin Legislature filed a lawsuit that resulted in the state Supreme Court’s May 13 decision. On April 16, Evers directed the Department of Health Services to extend the stay-at-home order through May 26. The order permitted nonessential businesses to offer curbside or delivery services, including libraries, and arts and crafts stores. Golf courses were allowed to reopen, though clubhouses had to stay closed. Lawn care services could reopen, so long as only one person did the work.

On April 27, the Wisconsin Department of Health Services issued an order on Evers’s behalf further easing restrictions on some businesses. Under the new order, businesses like pet groomers could offer curbside services. Outdoor recreational rental businesses and car washes were permitted to reopen with restrictions.

On May 1, most state parks reopened with restrictions. On May 11, the Wisconsin Department of Health Services issued an order permitting stand-alone or strip-mall based retail stores to offer in-person shopping to a maximum of five people at a time. Drive-in theaters were also permitted to reopen with restrictions.

On May 13, the Wisconsin Supreme Court issued a 4-3 ruling that overturned the statewide stay-at-home order. All businesses were allowed to reopen without restrictions. Several counties issued their own public health orders and reopening guidelines in response. Some counties used Evers’s Badger Bounce Back plan as a framework for reopening.

As originally formulated, the Badger Bounce Back plan had three phases of reopening. In the order establishing the Badger Bounce Back plan, Palm said, “The Department of Health Services shall announce the transition to each Phase with an order fully articulating the activities that will resume.” Because the state Supreme Court's ruling lifted the stay-at-home order before the state could enter Phase One, the specific activities that would have been allowed to resume were never fleshed out. What follows is an overview of that plan as originally released.

In Phase One, a maximum of 10 people can gather in one location. Restaurants are permitted to reopen with “best practices,” and all non-essential businesses are allowed to partially reopen. Bars, however, can only offer take-out and delivery under this phase. The plan also calls for reopening K-12 schools and daycares. The plan calls for restricting unnecessary visits to nursing homes, congregate facilities, and hospitals until a vaccine is available.

In Phase Two, a maximum of 50 people can gather in one location. Bars are allowed to offer indoor and outdoor services with social distancing requirements, and post-secondary education institutions can consider reopening.

In Phase Three, most restrictions on businesses and individuals are fully lifted, including a cap on gatherings.

Reactions

  • In an analysis of the plan, the MacIver Institute, which describes itself as the free market voice for Wisconsin, wrote, “While the Governor has tried to portray the Badger Bounce Back plan as a legitimate attempt to systematically reopen the economy in an orderly fashion, our analysis finds that the Governor’s metrics are not attainable in the next couple of weeks or even the next few months. Instead, the requirements seem both incredibly difficult to achieve and deliberately vague so the Governor can keep all of us trapped in our homes this summer and keep Wisconsin’s economy closed until the fall.”
  • State Sen. Dan Feyen (R), who represents District 18, said, “We need to strike a balance between public safety and economic well-being. This plan is a step in the right direction, but it’s not likely the silver bullet. Changes will need to be made moving forward as situations change in real time. I am hopeful we can work together to provide the solutions our citizens deserve.”

In an editorial, the Janesville Gazette wrote, “Gov. Tony Evers’ Badger Bounce Back plan takes a cautious approach but isn’t radical, as it largely incorporates the White House’s Opening Up America Again guidelines. When Republican lawmakers, such as state Sen. Steve Nass, R-La Grange, condemn Evers’ plan, they are also criticizing the guidance provided by President Trump’s administration. Both plans call for reopening the economy in three phases. Both plans require monitoring the prevalence of COVID-19 cases to determine the timing of reopening economy, namely a 14-day decrease in positive COVID-19 tests as a percentage of total tests. Both provide a pathway for all businesses to eventually reopen, while continuing social distancing.”

Coronavirus resources

Click the links below to explore official resources related to the coronavirus outbreak.

State resources

Twitter feeds for government officials and agencies appear below.

Federal resources

See also

Footnotes

  1. 1.0 1.1 1.2 Supreme Court of the United States, "Democratic National Committee v. Wisconsin State Legislature: On Application to Vacate Stay," October 26, 2020
  2. 2.0 2.1 2.2 2.3 2.4 2.5 United States Court of Appeals for the Seventh Circuit, "Democratic National Committee v. Bostelmann: Order," October 8, 2020
  3. 3.0 3.1 United States District Court for the Western District of Wisconsin, "Democratic National Committee v. Bostelmann: Opinion and Order," September 21, 2020
  4. Milwaukee Journal Sentinel, "GOP appeals ruling that extended time to count Wisconsin absentee ballots," September 23, 2020
  5. Milwaukee Journal Sentinel, "Wisconsin Elections Commission approves sending 2.7 million absentee ballot request forms to voters," June 17, 2020
  6. Milwaukee Journal Sentinel, "Republican Party of Wisconsin pushes back state convention to July," April 22, 2020
  7. Wisconsin Public Radio, "Evers Declares Public Health Emergency Due To COVID-19," March 12, 2020
  8. "Tom Evers-Office of the Governor| State of Wisconsin, "Safer at Home FAQs," March 24, 2020
  9. TMJ4, "Gov. Tony Evers extends Wisconsin's 'Safer at Home' order until May 26," April 16, 2020
  10. The Washington Post, "Wisconsin Supreme Court blocks Evers’ stay-home extension," May 13, 2020
  11. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. State Bar of Wisconsin, "Supreme Court Clarifies Court Operation Plans During COVID-19, Extends Orders," October 6, 2020
  13. WUWM 89.7, "Wisconsin Courts To Resume Operations With Virus Controls," May 27, 2020
  14. Cite error: Invalid <ref> tag; no text was provided for refs named May18
  15. National Center for State Courts, "Coronavirus and the Courts," March 23, 2020
  16. State Bar of Wisconsin, "Wisconsin Court System Responds to COVID-19 Concerns," March 11, 2020
  17. Twitter, "Tony Evers on March 3, 2020," accessed March 3, 2020
  18. WSAU, "Eviction, foreclosure moratorium ends today," May 26, 2020
  19. Cite error: Invalid <ref> tag; no text was provided for refs named EvictMA
  20. NBC 15, "Corrections: Nearly 1,600 inmates released due to COVID-19," May 8, 2020
  21. Greenwich Time, "Thousands of inmates released as jails face coronavirus threat," March 25, 2020