BLOC et al v. Spindell et al (Wisconsin Redistricting)

At a Glance

CLC is representing Wisconsin voters and advocacy organizations in a legal challenge to ensure that Wisconsin’s current state assembly maps are struck down as unconstitutional and new maps are drawn for future elections.

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About This Case/Action

The 2020 Census has revealed population shifts in the state of Wisconsin. The districts are now unequally populated and the state’s maps were already one of the most egregious gerrymanders in America over the past decade. Moreover, the existing districts dilute the ability of Black voters in Milwaukee to elect their preferred candidates.

The U.S. Census Bureau released the data from the 2020 census which will be used to redraw voting districts across the country. The maps that are drawn this year will shape our lives and our communities for the next decade. They impact not just whether there will be equity in representation but also whether there will be equity in the distribution of resources.

On behalf of Black Leaders Organizing for Communities (BLOC), Voces de la Frontera and League of Women Voters of Wisconsin and three individual voters, Campaign Legal Center (CLC) filed a lawsuit in Wisconsin on Aug. 19, 2021 alleging malapportionment of the existing state legislative districts. The complaint asks the court to set a schedule to consider a court-drawn plan, given the likelihood the legislature and governor are unable to agree on new maps.

On Sept. 7, 2021, CLC and partners filed an amended complaint alleging that Wisconsin’s current state assembly plan violates Section 2 of the Voting Rights Act. The assembly map dilutes the voting strength of Black voters in the Milwaukee area by packing them in excessively high numbers in fewer districts and by cracking them into districts where they cannot elect their preferred candidates.

CLC and partners submitted an alternative plan with seven Black voting age population majority districts, which would provide Black voters with the opportunity to elect their preferred candidates in additional districts.

BACKGROUND

CLC is fighting to ensure that this upcoming decade’s maps are fair and treat all Wisconsin voters equally. No matter our race or zip code, all voters should have equal say in the decisions that shape our future.

No matter the social or political issues that are a voter’s ultimate concern, redistricting is at the root of whether they will be able to effectively advocate for that issue over the next 10 years. Furthermore, the districts that are drawn determine how resources will be distributed—and if that distribution will be fair and just.

Voters should expect that the community districting process will be transparent and map drawers will consider the diverse interests of community members. Far too often, however, politicians manipulate the redistricting process by splitting voters into districts that make it harder to keep those politicians accountable at the ballot box. In Wisconsin, this has been the case recently.

In an environment conducive to good map drawing, the Wisconsin legislature and governor would draw new maps that accurately reflect the population and don’t advantage one party over another. Unfortunately, in each of the previous four decades, when control over Wisconsin's government has been divided between members of the two parties, the legislature and governor have been unbale to draw maps. In the most recent round in 2011, one party controlled the process, but the maps were twice subject to litigation—including the case that CLC brought before the U.S. Supreme Court in 2017 in Gill v. Whitford. Gridlock in the Wisconsin state government should not prevent Wisconsinites from having their constitutional rights protected. This is CLC’s first redistricting lawsuit of this cycle, and we will continue to advocate for fair maps during this critical period.

Plaintiffs

Black Leaders Organizing for Communities (BLOC), Voces de la Frontera and League of Women Voters of Wisconsin

Defendant

Wisconsin Elections Commission

Defending Democracy in the Age of Misinformation

Campaign Legal Center (CLC) hosted the virtual event, “Defending Democracy in the Age of Misinformation,” on Jonathan Rauch’s new book, “The Constitution of Knowledge: A Defense of Truth.”

During the course of his conversation with CLC's President Trevor Potter, Rauch, senior fellow, governance studies at the Brookings Institution, shared that while there is no silver bullet to completely stop the spread of misinformation that has had an impact on our democratic process, there are things we can do to incentivize truth and improve transparency around our information landscape.

We Need Stronger Oversight of Congressional Stock Trades

At a Glance

Many members of Congress actively involved in the buying and trading of stocks are failing to disclose such trades in a timely manner. This has led to a widespread, bipartisan trend of ethics violations. Penalties for this behavior, governed by an opaque system, are rare and nominal. Consequently, members aren't deterred from future violations. 
 

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About This Case/Action

Enacted in 2012, the Stop Trading on Congressional Knowledge (STOCK) Act requires members of Congress to report stock trades within 45 days of the transaction; failure to do so can result in civil and criminal penalties. Campaign Legal Center (CLC) played a role in advocating for the law’s passage.

At hand are legitimate concerns over conflicts of interest that may arise when an elected official has significant financial interest tied to an area over which they have significant influence. For example, a senator writing healthcare policy while holding substantial stock in a pharmaceutical firm; or a representative married to the chair of an energy firm sitting on a committee that can influence the energy sector.

But the penalties faced for violating the STOCK Act are often minimal and are not disclosed to the public. Fines for a first-time STOCK Act violator begin at $200 — barely a dent in undisclosed transactions that are frequently worth thousands and millions of dollars.

Put simply, as elected officials craft laws that directly impact the lives of Americans, voters have a right to know whether their representatives are acting in the public’s interest or for their own financial gain. If elected officials are not held accountable for failing to promptly and properly disclose stock trades, this trend of members failing to comply may continue and worsen.

Enforcement needs to become the norm for members of Congress violating the STOCK Act, not the exception. Complaints against members and the punishment for violations need to be more transparent and consequences for significant disclosure delays need to be more than a nominal fee.