Will Legislators Run Or Not?

Wisconsin State Capitol. Photo by Dave Reid.

In the Capitol’s election-year calendar, a very important deadline — May 24 — is only five weeks away. That’s when state law requires incumbent legislators who do not plan to seek re-election to file that declaration with the state Elections Commission.

This year, with the most competitive Nov. 5 elections in a generation for seats in the Legislature, that deadline is more important than ever.

The story behind that law is interesting.

In 1992, as the deadline for filing nomination papers was nearing, a Milwaukee Democrat — Rep. Marcia P. Coggs, who had served in the Legislature for 16 years and was a powerful member of the Joint Finance Committee — made the surprise announcement that she would not not seek re-election.

Her announcement came so late in the process of filing papers to run for the Legislature that it pretty much let her pick her successor — Leon D. Young, who was also related to Coggs. He easily won a primary and then had no opponent in the November 1992 general election.

Young served in the Assembly from 1993 until 2019.

One Milwaukee legislator from that era recalls that Coggs was not the first retiring lawmaker to handpick their successor, but her action prompted action in the next legislative session. No incumbent — Republican or Democrat — should be able to box out potential challengers with an 11th-hour surprise retirement that lets them pick their replacement, many legislators argued.

So, a few months after the 1992 election, the Legislature passed, and  Republican-Gov. Tommy Thompson signed, a requirement that incumbents for state office must formally affirm that they will not seek re-election two weeks before the deadline to file nomination papers.

Not filing these statements extends the deadline for other candidates to file nomination papers for that open seat by three days.

The law covers not only legislators but other elected offices. In this election cycle, for example, nine judges filed statements saying they would not seek re-election before the April 2 nonpartisan general election.

In February Republicans who control the Legislature — and who drew gerrymandered districts that favored their candidates in 2011 and 2021 —- and Democratic Gov. Tony Evers finally agreed on new legislative districts.

These new boundaries have dozens of legislators, and potential first-time candidates, deciding whether to run from where they now live or move to new districts or retire.

The best scorecard of potential candidates for Assembly and the Senate is kept by WisPolitics.com, which reports that many incumbents have already announced that they will not run again or are running for another office.

Retiring Republicans include Reps. John Macco, Jon Plumer, Angie Sapik, Gae Magnafici and Sen. Robert Cowles, whose 42 years in the Legislature makes him the longest-serving incumbent. Another Republican, Sen. Andre Jacque, is leaving the Senate to run for the 8th District seat in the U.S. House.

Democrats leaving the Legislature include Reps. Evan Goyke, who was elected Milwaukee city attorney on April 2, and Dave Considine, Sue Conley, Kristina Shelton and Tod Ohnstad. Sen. Melissa Agard is running for Dane County executive instead of re-election; Rep. Katrina Shankland is running for the 2nd District seat in the U.S. House.

Three other Assembly Democrats — Melissa Ratcliff, Jimmy Anderson and Samba Baldeh — plan to run for Agard’s Senate seat, forcing an August primary.

The WisPolitics scorecard notes decisions others must make by May 24. They include Republican Reps. Janel Brandtjen, who faces a primary challenge from Sen. Dan Knodl; Ty Bodden and Ron Tusler, whose homes are now in the same Assembly district; and James Edming, whose new district includes the home of Rep. Rob Summerfield.

The most closely watched May 24 decision will be made by Assembly Speaker Robin Vos, the longest-serving Assembly leader whose political skills got most of his party’s priorities enacted since 2011. Racine County voters have elected him 10 times.

Vos’ opponents, including former President Donald Trump, tried to oust him in 2022 and recently twice failed to file enough signatures on petitions to force a recall election.

Will Vos retire? He recently called those who circulated recall petitions “whackos” and “morons” — tough talk for someone who plans to run again.

One veteran Capitol lobbyist offered this scenario: On May 24, Vos says he won’t run again. Assembly Majority Leader Tyler August moves a few blocks into Vos’ new Assembly district, avoiding a primary with Republican Rep. Amanda Nedweski.

Possible.

Steven Walters started covering the Capitol in 1988. Contact him at stevenscotwalters@gmail.com