Wisconsin Supreme Court election that broke spending records could serve as litmus test for Trump, Musk

Wisconsin Supreme Court election that broke spending records could serve as litmus test for Trump, Musk
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(MADISON, WI) — Voters head to the polls on Tuesday in Wisconsin for a hot-button race that could offer a barometer on how Americans are feeling at this point in President Donald Trump’s second term.

Republican-backed Waukesha County Judge Brad Schimel and Democratic-backed Dane County Judge Susan Crawford are the candidates in Tuesday’s marquee state Supreme Court race, which is technically nonpartisan — but it has become the center of a political firestorm, as well as the target of millions spent by groups linked to tech billionaire and key Trump adviser Elon Musk.

The election will determine which of the candidates, vying to replace retiring Justice Ann Walsh Bradley, will help determine the ideological bent of the court, which currently leans liberal.

“This is playing out like a presidential-style election. You turn on your TV, any local broadcast station here across the state of Wisconsin, you are inundated with political-type ads for what is technically a nonpartisan judicial race, but this is a full-on political race … this is becoming a true litmus test for the first 100 days of the Trump administration,” Matt Smith, political director at Milwaukee’s ABC affiliate WISN-TV, told ABC News Live anchor Diane Macedo last week.

The winner of this race will join the bench as the court potentially grapples with key voter issues such as abortion access and redistricting. For example, there is a Wisconsin Supreme Court case regarding if the Wisconsin Constitution protects the right to an abortion, which the court might consider after the new justice is seated.

The race could also preview how voters in the battleground state feel a few months into Trump’s second term — especially as Musk and his work with the federal government through the Department of Government Efficiency becomes a key issue given his groups’ investments in the race.

Musk has indicated he is interested in the race because of the possibility that the court takes on redistricting cases — which could impact the balance of power in the U.S. House if rulings cause congressional maps to be redrawn.

“That is why it is so significant, and whichever party controls the House, to a significant degree, controls the country which then steers the course of Western civilization,” Musk said at a high-profile town hall on Sunday in Green Bay.

Musk has implied “the future of civilization” is at stake with the race. On Sunday, the tech billionaire also controversially gave away two $1 million checks to attendees at a rally in his latest effort to support Schimel.

Schimel, the candidate backed by Republicans, is a former state attorney general and a circuit court judge in Waukesha County. He has received almost $20 million in support (such as spending for TV ads) as of Monday from groups linked to Musk, per a tally by the Brennan Center for Justice.

Schimel has also received endorsements from Trump, Musk, Donald Trump, Jr., and other key conservative figures.

Schimel has welcomed the conservative support, yet said at a rally last week that he would treat any case fairly, including if it was a case brought by Trump.

However, Crawford and her allies have alleged he would not treat cases involving Trump or Musk fairly, and she has made Musk a main target of her campaign.

Schimel, asked on Thursday by ABC affiliate WISN to share his closing argument ahead of the final days in the race, said, “My closing argument is that people need to take this race seriously. So much is at stake. We have to restore objectivity to this court right now … We have to put the court back in its proper role where it’s not making the law. It’s not going through a political agenda. It is applying the law the way the legislature writes it, to the facts of the case.”

Crawford, backed by Democrats, is a Dane County circuit court judge and a former private attorney. At points, she represented Democratic-aligned groups such as Planned Parenthood, an organization supporting abortion access.

Major liberal donors such as Illinois Gov. JB Pritzker and Democratic donor George Soros have given money to the Wisconsin Democratic Party, and the state party has donated $2 million to Crawford. The national Democratic Party has also invested in the race.

Crawford told WISN that her closing argument was about an impartial court: “It’s about making sure that we have a Supreme Court that is fair and impartial in interpreting our laws to protect the rights of Wisconsinites. The other choice is an extreme partisan, someone who is selling out to special interests, has a long history of doing that, and has now tied himself to Elon Musk.”

According to the Brennan Center for Justice, as of Monday, more than $90 million has been spent in the race — making it the most expensive judicial election in the nation’s history. That amount includes more than $49 million spent by Schimel or groups supporting him, and more than $40 million spent by Crawford or groups supporting her.

The nonprofit says that the previous record for spending in a state supreme court race was in Wisconsin’s 2023 state supreme court election, when $56 million was spent.

Voters have taken notice. One Wisconsinite who voted early told WISN, “There’s a lot of outside money coming in, in our state. And I wanted to make sure that my voice is being represented and not other people.”

As of Monday, around 644,000 people in Wisconsin have voted early in person or by mail, according to the Wisconsin Elections Commission.

Voters in Wisconsin will also vote on a ballot initiative over whether to enshrine requiring a photo ID to vote into the state constitution. Voter ID is already required by state law; enshrining it into the state constitution would not establish new requirements, but would likely make it harder to ever undo the law.

Democratic groups and voting rights organizations have criticized the ballot initiative as potentially disenfranchising voters. Supporters of the initiative argue it will strengthen election security in Wisconsin and is cementing a requirement that has already been in place.

A Marquette University Law School poll taken in late February also found that a majority of registered voters in Wisconsin support photo ID for voting, and separately, a majority of registered voters in Wisconsin said they would support the ballot initiative.

ABC News’ Rachel Scott, Ben Siegel, Will Steakin, Averi Harper, Hannah Demissie and Katherine Faulders contributed to this report.

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