July 18, 2023
Candidates and special interest groups spent a record-smashing $51.06 million in the Wisconsin Supreme Court race, a Wisconsin Democracy Campaign review found.
Milwaukee County Circuit Judge Janet Protasiewicz defeated former Supreme Court Justice Daniel Kelly in the April 4 contest. Protasiewicz, who was viewed as a liberal, drew support from liberal and Democratic groups and contributors. Kelly, a conservative, drew support from conservative and Republican groups and contributors.
Spending by the four candidates, two of whom were eliminated in the Feb. 21 primary, totaled $22.17 million. That was more than four times the previous record of just over $5 million in combined candidate spending in the 2020 Wisconsin Supreme Court race.
About five dozen groups spent a record $28.88 million, including $22.58 million on reported independent expenditures and $6.3 million on secretive phony issue ads (see Table below). That was more than five times the previous record $5.03 million spent by smear groups in the 2020 Wisconsin Supreme Court race.
Protasiewicz and outside groups that backed her spent $29.12 million, including $17.44 million by the candidate and $11.67 million by supporting groups. Protasiewicz’s spending was more than six times higher than the previous record spending by a single candidate in a high court race, which was $2.69 million set by Jill Karofsky in the 2020 Wisconsin Supreme Court race.
Kelly and outside groups that backed him spent $20.48 million, including $3.72 million by the candidate and $16.76 million by supporting groups.
Total spending in the 2023 race was five times higher than the previous state record $10 million spent by candidates and groups in the 2020 Wisconsin Supreme Court race. Total spending also more than tripled the national record spent on a judicial race, which was $15 million in Illinois in 2004.
Topping the list of outside support for Protasiewicz were:
A Better Wisconsin Together, $6.33 million in independent expenditures and phony issue ads to sponsor television and online advertising;
Wisconsin Conservation Voters, $1.03 million on campaign literature and payroll management expenses;
Organizing Empowerment PAC, $932,500 on phone calls, canvassing, and voter mobilization efforts;
Planned Parenthood Advocates of Wisconsin, $562,244 on mailings, postcards, canvassing, and radio and online ads;
Power to the Polls Action Fund, $495,334 on mailings, canvassing and radio and online ads.
Topping the list of outside support for Kelly were:
Wisconsin Manufacturers & Commerce (WMC), $5.6 million on phony issue ads mostly to sponsor broadcast ads;
Fair Courts America, $5.54 million mostly on broadcast advertising;
Women Speak Out PAC, $2.22 million on phone calls, texts, mailings, and television and online ads;
Americans for Prosperity, $820,465 mostly on mailings, canvassing and online ads;
American Principles Project PAC, $795,894 on digital advertising.
In addition to the electioneering groups identified by the Democracy Campaign, the Brennan Center for Justice, which follows judicial races across the country, found two groups – Conservative Action for America and Protect Our Families – that spent a combined $441,272 on cable or broadcast advertising in the Supreme Court race.
The Democracy Campaign did not include spending by Conservative Action for America and Protect Our Families in its tally because the groups did not report their spending to the state. The Democracy Campaign also did not find any examples of electioneering that the groups sponsored or evidence of who they supported or opposed.
For more details about the groups and their activities and spending, check out the Democracy Campaign’s Hijacking Campaign 2023 or click on the group names in the table below.
For the latest information about the candidates’ fundraising and spending, go here.
Special Interest Group Spending in the 2023 Wisconsin Supreme Court Race
No asterisk represents disclosed spending by independent expenditure groups.
* Estimated spending for undisclosed issue ad activity.
** Estimated spending for undisclosed issue ads and disclosed independent expenditures.