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Wisconsin Supreme Court elections, 2016
Last updated: November 2016
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| 2016 State Judicial Elections |
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| Part 1: Overview |
| Part 2: Supreme Courts |
| Part 3: Partisanship |
| Part 4: Changes in 2016 |
One seat on the Wisconsin Supreme Court was up for election on April 5, 2016.
Introduction
Following the death of Justice N. Patrick Crooks on September 21, 2015, Rebecca Bradley was appointed to the Wisconsin Supreme Court by Governor Scott Walker (R) on October 9, 2015. Earlier in September, Crooks had announced his plans to retire at the end of his term.[1] Bradley had already announced a run for Crooks' seat before his death.[2]
Bradley and opponent JoAnne Kloppenburg received the highest number of votes for Bradley's seat in the primary on February 16, 2016, knocking Joe Donald out of the race. Bradley and Kloppenburg then faced each other in the sharply contested April general election. Bradley won. The race had the highest voter turnout for a supreme court race in Wisconsin state history, with over 1,900,000 votes cast.[3][4]
Bradley won a 10-year term on the court.[5]
General election candidates
|
Justice Rebecca Bradley (Winner) | |
| Most recent position: Justice, Wisconsin Supreme Court Past experience: Judge, Wisconsin Court of Appeals District I; Judge, Milwaukee County Circuit Court | ||
| Justice Bradley was appointed by Governor Scott Walker in October 2015. She was considered a conservative justice and says she aligns most with U.S. Supreme Court Justices Samuel Alito and Clarence Thomas, along with the late Justice Antonin Scalia. She has said of her philosophy and theirs, "It is the job of justices to say what the law is and not what we may wish it to be."[6] At a Community Brainstorming Conference forum, organizers asked how Bradley interprets equal protection and due process concepts in the U.S. Constitution as they apply to various groups, including women, gay people, and minority groups that "may not be directly included in the wording of the document." Bradley answered: "I do not need to go beyond the language in our Constitution to tell you that the due process clause and equal protection clause apply to each and every person, regardless of race, gender or sexual orientation, or any other characteristic. Those clauses apply to every person, period."[7] | |
|
Judge JoAnne Kloppenburg | |
| Most recent position: Judge, Wisconsin Court of Appeals District IV Past experience: Assistant Attorney General, Wisconsin Department of Justice | ||
| Judge Kloppenburg previously challenged conservative Justice David T. Prosser in the election of 2011. She was considered a liberal judge and says she aligns most with U.S. Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg "because they are trailblazers for women who want to follow in their footsteps as lawyers and as judges and because they do appear to share my view of the Constitution as protecting individual rights and promoting a more equal society."[8] At a Community Brainstorming Conference forum, organizers asked how Kloppenburg interprets equal protection and due process concepts in the U.S. Constitution as they apply to various groups, including women, gay people, and minority groups that "may not be directly included in the wording of the document." Kloppenburg answered: "There remain racial disparities throughout the criminal justice system that we still need to address. Even outside of legal decisions, certainly the Supreme Court can be a player, working with circuit courts, local governments, nonprofits, the Legislature and the State Bar (of Wisconsin) to address those disparities."[7] | |
| Click [show] to view defeated and withdrawn candidates. | |||
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General election results
The general election was held on April 5, 2016.
| Wisconsin Supreme Court, Rebecca Bradley's Seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
 Rebecca Bradley Incumbent |
52.35% | 1,024,892 |
| JoAnne Kloppenburg | 47.47% | 929,377 |
| Write-in votes | 0.19% | 3,678 |
| Total Votes (100% Reporting) | 1,957,947 | |
| Source: Wisconsin Government Accountability Board Official Results | ||
Record-breaking turnout
The 2016 general election for the Wisconsin Supreme Court saw a record turnout for elections to that office, surpassing the previous record of over 1,500,000 voters who turned out in the 2011 race between David T. Prosser and JoAnne Kloppenburg. In fact, the nearly two million voters who cast their ballots in the spring election more than doubled typical voter turnout in Wisconsin's supreme court elections, which is generally between 750,000 and 850,000 if the seat is contested and even less if the seat in uncontested.
This increased turnout was likely due to competitive presidential primaries for both the Republican and Democratic party, as well as the high visibility the campaign received in local and even national news.[10]
The following table contains voter turnout for Wisconsin's supreme court elections dating back to 1986:
| Wisconsin Supreme Court election turnout, 1986-2016 | |||||
|---|---|---|---|---|---|
| Year | Votes cast | Winner | |||
| 2016 | 1,942,919 | Rebecca Bradley | |||
| 2015 | 813,200 | Ann Walsh Bradley | |||
| 2013 | 854,715 | Patience Roggensack | |||
| 2011 | 1,500,113 | David T. Prosser | |||
| 2009 | 793,864 | Shirley Abrahamson | |||
| 2008 | 830,450 | Michael Gableman | |||
| 2007 | 831,657 | Annette Ziegler | |||
| 2006 | 502,688 | Patrick Crooks (uncontested) | |||
| 2005 | 552,790 | Ann Bradley (uncontested) | |||
| 2003 | 800,785 | Patience Roggensack | |||
| 2001 | 552,429 | David T. Prosser (uncontested) | |||
| 2000 | 817,748 | Diane Sykes | |||
| 1999 | 758,965 | Shirley Abrahamson | |||
| 1997 | 768,363 | Jon P. Wilcox | |||
| 1996 | 881,280 | Patrick Crooks | |||
| 1995 | 938,698 | Ann Bradley | |||
| 1994 | 549,820 | Janine Geske | |||
| 1993 | 779,284 | William Bablitch (uncontested) | |||
| 1990 | 685,648 | Donald Steinmetz | |||
| 1989 | 882,547 | Shirley Abrahamson | |||
| 1987 | 836,637 | William Callow (uncontested) | |||
| 1986 | 461,118 | Roland Day (uncontested) | |||
Note: Election data prior to 1986 shows a similarly small voter turnout. For example, in 1980, when both Democrats and Republicans had a competitive primary election, turnout was less than 700,000 for the supreme court.[10]
Primary
The primary election was held February 16, 2016.
| Primary election | ||||
|---|---|---|---|---|
| Ideology[11] | Candidate | Percentage | Votes | |
| Liberal | Martin Joseph Donald | 12.1% | 68,746 | |
| Liberal | JoAnne Kloppenburg |
43.2% | 244,729 | |
| Conservative | Rebecca Bradley |
44.7% | 252,932 | |
| Vote Total: | 566,407 | |||
3474 of 3474 precincts reporting
Source: Wisconsin Government Accountability Board Official Results
Race background
Crooks was considered a liberal justice who also acted as a swing vote, so there was a 4-3 conservative-liberal split before his death.[12] Bradley was considered a conservative justice, so the court had a 5-2 conservative-liberal split going into the election.[2] Ann Walsh Bradley and Shirley Abrahamson form the liberal minority.[13][14]
February primary
Both of Rebecca Bradley's former primary opponents were considered liberal. JoAnne Kloppenburg was endorsed by left-leaning organizations when she previously ran for a seat on the state supreme court in 2011. Martin Joseph Donald was endorsed in the race by leading Democrats in the state, including Rep. Gwen Moore and former U.S. Senator Herb Kohl.
The three faced off in a primary election on February 16, 2016. Bradley and Kloppenburg received the greatest number of votes.[15]
Campaign finance
Kloppenburg campaign
From January 1 to March 21, Kloppenburg's campaign raised a total of $436,921.25.[16] In the period from January 1 to February 1, 2016, the campaign raised $55,924.06.[17] In the period from February 2 to March 21, 2016, the campaign raised $380,997.19. [16] All of Kloppenburg's 2016 campaign finance reports may be viewed here.
Bradley campaign
From January 1 to March 21, Bradley's campaign raised a total of $567,735.45.[18] In the period from January 1 to February 1, 2016, the campaign raised $87,921.52.[19] In the period from February 2 to March 21, 2016, the campaign raised $479,814.45[18] All of Bradley's 2016 campaign finance reports may be viewed here.
Bradley's campaign thus outraised Kloppenburg's by almost $100,000 in the month leading up to the general election.
Spending by outside groups
According to analyses of FCC records by the organizations Justice at Stake and the Brennan Center for Justice, the Greater Wisconsin Committee spent at least $265,275 on ads supporting Kloppenburg, while the Wisconsin Alliance for Reform spent at least $442,095 on ads supporting Bradley leading up the primary and at least $804,170 on similar ads leading up to the general election.[20][21]
This is less satellite spending than in the previous highly contested Wisconsin Supreme Court race between Kloppenburg and the incumbent Justice David Prosser in 2011.[20] In that race also, conservative groups supporting Prosser outspent liberal groups supporting Kloppenburg.[20]
Endorsements
Kloppenburg and Bradley received the following key endorsements:[22][23][24][25][26][27]
| Key endorsements | |
|---|---|
| Kloppenburg | Bradley |
| Wisconsin State Association of Letter Carriers | Supreme Court Justice Michael J. Gableman |
| State Rep. Beth Meyers (D) | Supreme Court Justice David T. Prosser |
| Former Supreme Court Justice Louis Butler, Jr. | Supreme Court Justice Jon P. Wilcox (retired) |
| Supreme Court Justice Ann Walsh Bradley | Wisconsin Fraternal Order of Police |
| State Sen. Janet Bewley (D) | Wisconsin Court of Appeals Judge William Brash |
| Milwaukee County Judge David Hansher | Wisconsin Court of Appeals Judge Mark Gundrum |
| Columbia County Circuit Judge Alan White | Wisconsin Court of Appeals Judge Brian Hagedorn |
| Crawford County Judge James Czajkowski | Wisconsin Court of Appeals Judge Thomas M. Hruz |
| Dane County Judge Peter C. Anderson | Associated Builders and Contractors of Wisconsin |
| Milwaukee County Chief Judge Jeff Kremers | Dairy Business Association |
| Wisconsin Court of Appeals Judge Joan Kessler | Milwaukee Deputy Sheriffs’ Association |
| Wisconsin Court of Appeals Judge Gary Sherman | Milwaukee Police Association |
| Wisconsin Court of Appeals Judge Paul Higginbotham | Milwaukee Police Supervisors’ Organization |
| Wisconsin Court of Appeals Judge David Deininger (Ret.) | Milwaukee Professional Firefighters Association |
| Milwaukee Courier | National Federation of Independent Business |
| Wisconsin State Journal | National Rifle Association |
| Janesville Gazette | Wisconsin Farm Bureau Federation |
| Milwaukee Retired Deputy Sheriffs’ Association | |
| Wisconsin Realtors Association | |
| Wisconsin Restaurant Association | |
| Wisconsin Right to Life | |
Pre-election polls
The Milwaukee Journal Sentinel called the race a "dead heat" on February 25, nine days after the primary had narrowed the candidates to Kloppenburg and Bradley.[28] The paper cited a Marquette University Law School poll that showed 30 percent support for each candidate, with 31 percent undecided.[29] Among those polled who said they were certain that they would vote in the election, Bradley's support stood at 37 percent, Kloppenburg's at 36 percent, with 31 percent undecided. The margins of error in this poll—each around five percentage points—make the result indeed a statistical tie.
A poll ending March 28, eight days before the general election, showed Bradley with a five-point lead over Kloppenburg.[30] According to the poll, Bradley stood at 41 percent support compared to Kloppenburg's 36, with 18 percent undecided.[30]
Political composition of the court
Wisconsin's supreme court justices are elected in nonpartisan elections. There is a 5-2 conservative majority on the court based on support during elections and decisions in cases. The late Justice N. Patrick Crooks was considered a liberal-leaning swing vote.[13][2]
Current justices
■ Chief Justice Patience Roggensack 
■ Justice Shirley Abrahamson 
■ Justice Ann Walsh Bradley
■ Justice Rebecca Bradley
■ Justice Michael Gableman
■ Justice David T. Prosser
■ Justice Annette Ziegler
Process
Primary election
A primary is held on the third Tuesday in February to nominate judicial candidates for the spring election. Candidates seeking election must file by December 1 preceding the spring general election.[31] A primary is required if more than two candidates file for nomination to the supreme court, the same district of an appellate court, or for the same branch of a circuit court.[31] If the number of candidates for office does not exceed twice the number to be elected to the office, a primary is not held, and all the candidates will appear on the ballot in the spring election.[31] The two candidates who receive the most votes in a primary race advance to the general election.[32]
General election
A spring election is held on the first Tuesday in April.[31]
Campaign finance
State candidates—including candidates for the supreme court, courts of appeals, and circuit courts—are required to file campaign finance reports eight days before both the primary and the general. This is mandatory, regardless of whether the candidate is unopposed or was defeated during the primary.[33] Wisconsin statutes regarding campaign finance can be found here.
Selection
The court is composed of seven justices who are elected to 10-year terms in statewide, nonpartisan elections. Only one justice may be elected in any year. In the event of a vacancy on the court, the governor has the power to appoint an individual to the vacancy, but that justice must then stand for election in the first year in which no other justice's term expires.[5]
Qualifications
Per Article VII, Section 24 of the Wisconsin Constitution, to qualify for a judgeship in Wisconsin, a person must be:
- Licensed to practice law in Wisconsin for a minimum of five years
- Under the age of 70[34]
For the ballot access and campaign finance requirements for candidates in Wisconsin, see Ballotpedia's Ballot access requirements for political candidates in Wisconsin.
Chief justice
Until 2015, the justice with the longest continuous service on the court served as the chief justice, unless that justice declined, in which case the role passed to the next senior justice of the court. A state constitutional amendment that passed in April 2015 eliminated the seniority selection of the chief justice in favor of a vote by justices. The justice selected by the court serves a two-year term as chief. [5]
Margin of victory analysis
Incumbents were defeated in only six of 95 re-election campaigns between 1852 and 2011, according to a University of Minnesota analysis of Wisconsin Supreme Court races.[35] The following table details the margins of victory for supreme court races from 2005 to 2015. The table shows eight elections, seven that included incumbent candidates. Of these seven incumbents, only one lost an election in these years. In the other seven elections detailed, six resulted in an incumbent win and the seventh did not include an incumbent candidate.
| Court race competitiveness, 2005-2015 | ||||||||
|---|---|---|---|---|---|---|---|---|
| Year | Winning candidate | Ideological lean | Percent of vote | Losing candidate | Ideological lean | Percent of vote | Margin of victory | Majority |
| 2015 | Ann Walsh Bradley (incumbent) | Liberal | 58.1% | James Daley | Conservative | 41.9% | 16.2% | 4-3 |
| 2013 | Patience Roggensack (incumbent) | Conservative | 57.5% | Ed Fallone | Liberal | 42.5% | 15.0% | 4-3 |
| 2011 | David T. Prosser (incumbent) | Conservative | 50.2% | Joanne Kloppenburg | Liberal | 49.7% | 0.5% | 4-3 |
| 2009 | Shirley Abrahamson (incumbent) | Liberal | 59.6% | Randy Koschnick | Conservative | 40.2% | 19.4% | 4-3 |
| 2008 | Michael Gableman | Conservative | 51.1% | Louis Butler (incumbent) | Liberal | 48.5% | 2.6% | 4-3 |
| 2007 | Annette Ziegler | Conservative | 58.6% | Linda M. Clifford | Liberal | 41.1% | 17.5% | 4-3 |
| 2006 | N. Patrick Crooks (incumbent) | Liberal | 99.4% | Write-in | - | 0.6% | 98.8% | 4-3 |
| 2005 | Ann Walsh Bradley (incumbent) | Liberal | 99.6% | Write-in | - | 0.4% | 99.2% | 4-3 |
State profile
| Demographic data for Wisconsin | ||
|---|---|---|
| Wisconsin | U.S. | |
| Total population: | 5,767,891 | 316,515,021 |
| Land area (sq mi): | 54,158 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 86.5% | 73.6% |
| Black/African American: | 6.3% | 12.6% |
| Asian: | 2.5% | 5.1% |
| Native American: | 0.9% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2.1% | 3% |
| Hispanic/Latino: | 6.3% | 17.1% |
| Education | ||
| High school graduation rate: | 91% | 86.7% |
| College graduation rate: | 27.8% | 29.8% |
| Income | ||
| Median household income: | $53,357 | $53,889 |
| Persons below poverty level: | 15% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Wisconsin. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Wisconsin
Wisconsin voted for the Democratic candidate in five out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 23 are located in Wisconsin, accounting for 11.17 percent of the total pivot counties.[36]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Wisconsin had 21 Retained Pivot Counties and two Boomerang Pivot Counties, accounting for 11.60 and 8.00 percent of all Retained and Boomerang Pivot Counties, respectively.
More Wisconsin coverage on Ballotpedia
- Elections in Wisconsin
- United States congressional delegations from Wisconsin
- Public policy in Wisconsin
- Endorsers in Wisconsin
- Wisconsin fact checks
- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms Wisconsin supreme court election 2016. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ WEAU.com, "Walker appoints Appeals Judge Bradley to WI High Court," October 9, 2015
- ↑ 2.0 2.1 2.2 Wisconsin State Journal, "Scott Walker appoints Rebecca Bradley to Supreme Court," October 10, 2015
- ↑ AP, "Wisconsin Summary Vote Results," accessed April 6, 2016
- ↑ Wisconsin Government Accountability Board, "Election Results," accessed April 6, 2016
- ↑ 5.0 5.1 5.2 Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 4: pg.10)
- ↑ The Cap Times, "Bradley, Kloppenburg debate judicial philsophy at Milwaukee Bar Association," March 9, 2016
- ↑ 7.0 7.1 Wisconsin Public Radio, "Bradley, Kloppenburg Court African-American Voters At Milwaukee Forum," March 26, 2016
- ↑ Journal Sentinel, "Rebecca Bradley, JoAnne Kloppenburg signal political leanings," March 28, 2016
- ↑ Wisconsin State Journal, "Claude Covelli drops out of Supreme Court race," December 22, 2015
- ↑ 10.0 10.1 University of Wisconsin, "Wisconsin Blue Books," accessed April 8, 2016
- ↑ This is a nonpartisan election, but where possible Ballotpedia draws on endorsements, court decisions, and other data to infer ideological affiliation.
- ↑ The New York Times, "Wisconsin re-elects liberal judge, but opens door of conservative chief justice," April 8, 2015
- ↑ 13.0 13.1 TwinCities.com, "Wisconsin Supreme Court contest will pit liberal vs. conservative," January 6, 2015
- ↑ Wausau Daily Herald, "Bradley launches Supreme Ct bid; Daley claims contrasts," January 6, 2015
- ↑ 12 WISN, "Bradley, Kloppenburg advance in state Supreme Court race," February 16, 2016
- ↑ 16.0 16.1 Wisconsin Campaign Finance Information System, "Kloppenburg for Justice, Campaign Finance Report, Spring Pre-Election 2016," accessed March 29, 2016
- ↑ Wisconsin Campaign Finance Information System, "Kloppenburg for Justice, Campaign Finance Report, Spring Pre-Primary 2016," accessed March 29, 2016
- ↑ 18.0 18.1 Wisconsin Campaign Finance Information System, "Citizens for Justice Rebecca Bradley, Campaign Finance Report, Spring Pre-Election 2016," accessed March 29, 2016
- ↑ Wisconsin Campaign Finance Information System, "Citizens for Justice Rebecca Bradley, Campaign Finance Report, Spring Pre-Primary 2016," accessed March 29, 2016
- ↑ 20.0 20.1 20.2 WXOW.com, "Bradley, Kloppenburg square off in state Supreme Court race," March 28, 2016
- ↑ Brennan Center for Justice, "Greater Wisconsin Committee Books Ads in Supreme Court Race," March 24, 2016
- ↑ Justice Rebecca Bradley, "Endorsements," accessed April 4, 2016
- ↑ Kloppenburg for Justice, "Endorsements," accessed April 4, 2016
- ↑ Madison.com, "Our Endorsement: JoAnne Kloppenburg experienced, thoughtful," accessed April 4, 2016
- ↑ Gazette Extra, "Our Views: Experience tips endorsement nod in favor of Judge JoAnne Kloppenburg," March 31, 2016
- ↑ Wisconsin Rapid Tribune, "Kloppenburg committed to non-partisan judiciary," April 1, 2016
- ↑ Milwaukee Courier, "Milwaukee Courier Endorsement of Judge JoAnne Kloppenburg," April 2, 2016
- ↑ Milwaukee Journal Sentinel, "Rebecca Bradley-Joanne Kloppenburg race a dead heat for high court," February 25, 2016
- ↑ Marquette University Law School Poll, "New Marquette Law School Poll finds tight Democratic race, Trump maintaining Republican lead in Wisconsin," February 25, 2016
- ↑ 30.0 30.1 Marquette University Law School Poll, "New Marquette Law School Poll finds Cruz, Sanders ahead in Wisconsin presidential primaries; Bradley leads state Supreme Court race," March 30, 2016
- ↑ 31.0 31.1 31.2 31.3 Wisconsin Legislative Council, "Overview of the Election Law in Wisconsin," archived March 31, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Wisconsin," accessed March 31, 2014
- ↑ Wisconsin Government Accountability Board, "State Candidates & Committees," accessed March 20, 2015
- ↑ Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 24: pg.11)
- ↑ University of Minnesota, "The Incumbency Advantage in Wisconsin Supreme Court Elections," April 11, 2011
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Eastern District of Wisconsin, Western District of Wisconsin • U.S. Bankruptcy Court: Eastern District of Wisconsin, Western District of Wisconsin
State courts:
Wisconsin Supreme Court • Wisconsin Court of Appeals • Wisconsin Circuit Courts • Wisconsin Municipal Courts
State resources:
Courts in Wisconsin • Wisconsin judicial elections • Judicial selection in Wisconsin
