The battle lines for a crucial race for Wisconsin's Supreme Court have now been set following the results of Tuesday's primary, with incumbent Justice Dan Kelly facing off against Dane County Circuit Judge Jill Karofsky on April 7.
The officially nonpartisan election featured three candidates running on the same ballot: Kelly, a conservative appointed to his post by former Gov. Scott Walker in 2016, as well two progressives, Karofsky and law professor Ed Fallone. Kelly took 50.1% of the vote and Karofsky 37.2%, advancing both of them to the general election; Fallone, who was badly outspent, finished a distant third with just 12.7%. Combined, however, Karofsky and Fallone were less than 2,000 votes behind Kelly.
That tight outcome suggests another very close contest in April. Last year, in a race for a Supreme Court seat held by a retiring liberal justice, conservative Brian Hagedorn slipped past progressive Lisa Neubauer by just 6,000 votes out of 1.2 million cast overall. It was a painful loss for the left, as Hagedorn's win shifted the court from a 4-3 majority in favor of conservatives to a 5-2 advantage.
Karofsky now has the chance to slim that back down to a one-vote edge for conservatives and put liberals in a position to flip the court in 2023, when Chief Justice Patience Roggensack's current term ends. April's vote will coincide with the Democratic primary for president, which could give Karofsky a boost. In fact, Republicans had sought to move the presidential primary during the lame-duck session of the legislature after Walker lost to Democrat Tony Evers in 2018, precisely to help Kelly, though they ultimately abandoned the idea.
But by no means will the GOP give up on Kelly, who so far has outraised Karofsky $988,000 to $414,000. In last year's race, the Republican State Leadership Committee, which aids candidates in state races at all levels of the ballot, parachuted in at the last minute with a seven-figure expenditure on behalf of Hagedorn that proved critical to his victory. While some progressive groups stepped up for Neubauer, Democrats lack an equivalent "DSLC"—there's no formal party organization devoted to winning state Supreme Court elections—so they'll need to find a way to match resources with the right if Karofsky is to win.