Nonpartisan Voters Guide to the 2023 Wisconsin Supreme Court Primary Race

Control of the Wisconsin Supreme Court will be decided this spring.

Four candidates are running in the February 21 primary for one seat on the court. You’ll vote for one of them; the top two vote-getters will then compete in the April 4 general election. Although the race is nonpartisan, Jennifer Dorow and Daniel Kelly are viewed as Republican-supported conservatives, with Everett Mitchell and Janet Protasiewicz as Democratic-supported liberals.

Why your vote matters

Conservative justices currently have a 4-3 majority; this election will either maintain that majority or switch the majority to the liberals. Four years ago, a Wisconsin Supreme Court seat was decided by 6,000 votes, while three quarters of eligible voters stayed home. This primary could be equally close.

This primary is also particularly important because, in a narrowly divided state, it’s possible that either two conservatives or two liberals may advance to the April 4 general election.

This election may determine how the Court rules on a challenge by Wisconsin’s Attorney General to the state’s 1849 abortion ban, which makes no exceptions for cases of rape or incest and took effect after the U.S. Supreme Court overturned Roe v. Wade. The winner will likely rule on voting rules cases, like a 2022 decision banning ballot drop boxes. The winner will also be on the court through the next round of redistricting and would rule on any challenges to current legislative maps.

To help you decide

We’ve assembled background about the candidates’ experience, positions, publicized endorsements, and rulings where relevant. To learn how and when to vote, see the last section of this guide. To learn more about the candidates, you can watch a live candidate forum.

Jennifer Dorow

Dorow graduated from Marquette University and earned a J.D. from Regent University School of Law. She has worked as a Waukesha County assistant district attorney and in private practice as a defense attorney. In 2011 she was appointed a Waukesha County Circuit Court judge by Republican Governor Scott Walker, and then won re-election twice. She was appointed as a chief judge by the Wisconsin Supreme Court in 2017, then became chair of the Committee of Chief Judges. Dorow is best known for presiding over the 2022 trial of Waukesha Christmas parade attack defendant Darrell Brooks Jr, ordering him to serve six life sentences.

On LGBTQ rights, Dorow criticized the U.S. Supreme Court’s 2003 Lawrence v. Texas decision to overturn a Texas law that had criminalized consensual sexual conduct between same-sex individuals. She called the decision “a prime example of judicial activism at its worst.”
On bail reform, she said that current Wisconsin law “does not allow judges to consider community protection when setting bail. And that’s a flaw in our system that needs to change.”
On abortion, Dower supports the U.S. Supreme Court’s decision to overturn Roe v. Wade. She said that ethical restraints prevented her from saying how she would handle abortion if it came before the Wisconsin Supreme Court.
On redistricting and gerrymandering issues, responding to the Wisconsin Supreme Court’s approval of Republican-drawn maps that strongly favor that party’s legislative candidates, Dorow called the process “interesting,” but declined to comment further on the maps or the court’s rationale.
On her priorities, she wrote in 2022, “our system of liberty under law is fragile—even endangered. As Ronald Reagan put it, it is ‘never more than one generation away from extinction.’ …We all must do our part to preserve the blessings of liberty.”
On her philosophy, she wrote “I hold strong conservative values that will guide me as a judge and ensure that all litigants are treated fairly under the law.”

Endorsements: Dorow’s endorsements include outgoing Wisconsin Supreme Court Justice Patience Roggensack—part of the Court’s conservative bloc, former Wisconsin Supreme Court Justice Jon Wilcox, and Republican state Senate Majority Leader Devin LeMahieu, along with the Milwaukee Police Association, Waukesha County Police Chiefs Association, 42 current and retired county sheriffs, and the Wisconsin Right to Life PAC.

Website: judgejennifer.com

Daniel Kelly

Kelly graduated from Carroll University and earned a J.D. from Regent University School of Law, where he was founding editor of the Law Review. Kelly clerked on the Wisconsin Court of Appeals and the U.S. Court of Federal Claims, where he then served as staff attorney. He spent more than two decades in private practice and was also vice-president and general counsel for the Kern Family Foundation. In 2016 Republican Governor Scott Walker appointed Kelly to the Wisconsin Supreme Court, where he served until 2020, when his term ended and he was not re-elected. He then joined the Institute for Reforming Government as a Senior Fellow.

In a Court vote on gun rules, Kelly wrote the 2017 Wisconsin Supreme Court decision that struck down a gun ban on Madison’s buses, based on a state law prohibiting municipal gun regulations stronger than state laws.
In a Court vote on COVID restrictions, he joined a 2020 Wisconsin Supreme Court majority to strike down a Wisconsin Department of Health Services “Safer at Home” emergency order that limited certain activities outside the home in an initial response to the COVID pandemic.
On abortion, he opposes abortion.
On LGBTQ rights, he wrote that legalization of same-sex marriage is an “illegitimate exercise of state power.”
On unions, he criticized a decision by a Dane County judge allowing collective bargaining for public employees as inappropriate judicial activism.
On affirmative action, Kelly opposes it, writing that while “affirmative action and slavery differ…both spring from the same taproot….Morally, and as a matter of law, they are the same.”
On redistricting and gerrymandering issues, responding to the Wisconsin Supreme Court’s approval of Republican-drawn maps that strongly favor that party’s legislative candidates, Kelly said you have to “take the standards that are provided by the Wisconsin Constitution, and the one vote, one person and you adjust the map based on those principles…. And then allow the Legislature to address the political aspects of a redistricting map.”
On his priorities, he said, “It is imperative that we elect a judicial conservative who will uphold the rule of law.”

Endorsements; Kelly’s endorsements include Wisconsin Supreme Court Justice Rebecca Bradley—part of the Court’s conservative bloc and Appeals Court judge Shelley Grogan, along with 19 Wisconsin county sheriffs and the Pro-Life Wisconsin Victory Fund PAC, Wisconsin Family Action, and Wisconsin Right-to-Life.

Website: justicedanielkelly.com

Everett Mitchell

Mitchell graduated from Morehouse College. He then earned a Master of Divinity and a Masters of Theology degree from Princeton Theological Seminary, and a J.D. from the University of Wisconsin-Madison Law School. He was an assistant district attorney in Dane County and director of community relations at UW-Madison. In 2016 he was elected to the Dane County Circuit Court and presides over the Juvenile Division in Branch Four, also overseeing the county’s High Risk Drug Court program. He is an adjunct professor at the University of Wisconsin-Madison Law School and has been Senior Pastor of Christ the Solid Rock Baptist Church in Madison since 2011.

On abortion, Mitchell said in response to the U.S. Supreme Court overturning Roe v. Wade, “We must turn our attention to the people of Wisconsin, the Wisconsin Supreme Court, and the Wisconsin Constitution to protect a woman’s reproductive choice.”
On redistricting and gerrymandering issues, responding to the Wisconsin Supreme Court’s approval of Republican-drawn maps that strongly favor that party’s legislative candidates, Mitchell said he believes that redistricting has become partisan. “And at the end of the day, I think our Supreme Court really needs to weigh in to make sure we return to place where people are respected.”
On LGBTQ rights, he became the first pastor of a black Baptist church in the state of Wisconsin to marry a same-sex couple inside of the church.
On court procedure, he joined other judges to successfully petition the Wisconsin Supreme Court to ensure that children in Wisconsin can attend their court hearings without restraints and handcuffs. He also pushed to reform Wisconsin’s automated court data system, so that publicly available case information would be updated promptly for people who are found not guilty or had their cases dismissed.
On the importance of diversity among judges, Mitchell said, “When I represented people as a defender, I would see how they would be treated by judges; and I didn’t like how they were treated. We really do need to have some diversity—and that’s not just diversity of skin color, but diversity of experience—people who’ve experienced homelessness, trauma and all the things that I had lived through; you need those kinds of experiences on the bench. Because it makes a difference in what you do and how you act.”
On judicial approaches, when Mitchell learned of defendant Charles Green’s passion for chess, he used chess as an incentive in high-risk drug court toward Green’s eventual sobriety, eventually playing chess with Green in court.

Endorsements; Mitchell’s endorsements include former Democratic Governor Jim Doyle, former Wisconsin Supreme Court Justice Louis Butler, Madison police chief Shon Barnes, and Dane County Sheriff Kalvin Barrett, along with judges, other police chiefs, and elected officials.

Website: judgeeverettmitchell.com

Janet Protasiewicz

Protasiewicz graduated from the University of Wisconsin-Milwaukee and a J.D. from Marquette University Law School, where she later served as adjunct Professor of Law. She worked as a Milwaukee County assistant district attorney for more than 25 years and then in 2014 was elected to the Milwaukee County Circuit Court, where she currently serves in Family Court. She has also presided over homicide, sexual assault, misdemeanor, domestic violence, and drug courts.

On abortion, Protasiewicz said, “In addition to independence, you bring your values to the court every day,… values leading me to believe that a woman’s right to make decisions over her own body should be just that, not made by the government but made by the person who’s ultimately being affected by them.”
On redistricting and gerrymandering issues, responding to the Wisconsin Supreme Court’s approval of Republican-drawn maps that strongly favor that party’s legislative candidates, she said, “Let’s be clear here: the maps are rigged. I don’t think you could sell to any reasonable person that the maps are fair.” “When I look at the breakdown of the number of people in the state Legislature… rather than being representative of a purple state, you see it is heavily skewed red.”
On voting rules, Protasiewicz said, “when you have values of fairness, you have a value that everybody’s vote should count, that in a democracy, everybody should be heard. It resonates. So while I can’t say how I would particularly vote on an issue, I can tell you those values would be brought into the Supreme Court chamber with me.”
On unions, she that Governor Scott Walker’s 2011 law effectively ending collective bargaining rights for most public employees was unconstitutional.
On judicial priorities, she writes, “I see our criminal and civil justice system — and our democracy — under attack by radical partisanship…as we can see on an almost-daily basis, our most closely-held constitutional rights are under attack by radical right-wing extremists…. We must restore confidence that judges aren’t just trying to reach their favored outcomes, but actually applying the law and the constitution.”
On her priorities, she said, “I think I have a commonsense approach that perhaps other people don’t have. I don’t consider myself a real partisan. I’m somebody who’s going to uphold the Constitution, who’s going to follow the law, and every day, do my best to get to the right decision by following the rule of law in these cases, nothing predetermined.”

Endorsements: Protasiewicz’s endorsements include current Wisconsin Supreme Court Justices Rebecca Dallet and Ann Walsh Bradley—both part of the Court’s liberal bloc, and Emily’s list, as well as Bricklayers & Allied Craftworkers of Wisconsin, United Auto Workers (UAW) Wisconsin State CAP Council, American Federation of Teachers Local 212, and other unions, along with judges, elected officials, and others.

Website: janetforjustice.com

Here’s how to register and vote in the February 21 primary election for a seat on the Wisconsin Supreme Court. Four candidates are running; the top two will advance to the general election on April 4. That election will decide control of the Court. See our nonpartisan guide to the candidates’ backgrounds, positions, and endorsements.

Dates and Deadlines

Registration:

Wednesday, February 1—Deadline to register to vote online or by mail (postmark date).
Friday, February 17 at 5:00 p.m.—Deadline to register in your municipal clerk’s office.
Tuesday, February 21, 7:00 a.m. to 8:00 p.m.—Wisconsin has election-day registration. If you have valid photo ID and proof of residence, you can register and vote at your primary election polling place.

Absentee Voting:

Thursday, February 16 by 5:00 p.m.—Last day for an absentee ballot request to be received by your municipal clerk (regular voters). (See this deadlines page for indefinitely confined, hospitalized, and military voters.)
Tuesday, February 7 to February 19—early voting—You can request and vote an absentee ballot in-person in your municipal clerk’s office (dates may vary depending on your municipality; check their office before you go)
Tuesday, February 21 at 8:00 p.m.—Deadline for an absentee ballot to be received by your municipal clerk (by mail or delivery).

Election Day

Tuesday, February 21, 7:00 a.m. to 8:00 p.m.—Primary Election Day at your polling place.

Voting Tools and Information

To vote in Wisconsin, you’ll need to register, discover your voting options, and find your polling place for in-person voting. Here’s where to go to make all that happen.

Wisconsin’s official MyVote site gives you tools and requirements for registering to vote, voting early, voting absentee, finding your polling place, and more.
When you register, whether by mail, online, or in person, you’ll need proof of residence. This page lists acceptable forms of proof and describes how you’ll need to present that proof.
You’ll need to present a valid photo ID when you vote. This page lists acceptable forms of ID, including a valid Wisconsin driver license or a free Wisconsin state ID card.
If you’re a student, your student photo ID card may work as voter ID, but only if it’s issued by a Wisconsin university or college, or technical college, and only if it contains the date the card was issued and your signature, with an expiration date no later than two years after date of issuance. (Valid student IDs can still be used if expired, but then must be accompanied by a separate document that proves current enrollment, such as a tuition fee receipt, enrollment verification letter, or class schedule.)
When a school’s ID card isn’t sufficient as voter ID, some schools will issue a separate photo ID card for voting on request. Links on this page show which schools’ IDs are acceptable for voting and which schools provide voting-compliant ID.

Absentee Voting

All voters in Wisconsin can request an absentee ballot be mailed to them for any reason, so long as they’ve already registered. You can request an absentee ballot on the MyVote site and must provide a copy of a valid photo ID with your first absentee ballot request.

2023 Wisconsin Supreme Court Race Non-partisan Voters Guide

Candidate Overviews

Jennifer Dorow

Daniel Kelly

Everett Mitchell

Janet Protasiewicz

How to Register and Vote in the February 21 Wisconsin Supreme Court Primary

Dates and Deadlines

Voting Tools and Information

Absentee Voting

2023 Wisconsin Supreme Court Race Non-partisan Voters Guide

Candidate Overviews

Jennifer Dorow

Daniel Kelly

Everett Mitchell

Janet Protasiewicz

How to Register and Vote in the February 21 Wisconsin Supreme Court Primary

Dates and Deadlines

Voting Tools and Information

Absentee Voting

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