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1 Michael C. Li & Garrett Fisher, Comment on the Petition for Proposed Rule to Amend Wis. Stat. Sec. 809.70 (Relating to Original Actions) [i] (November 30, 2020)

handle is hein.brennan/bcjpetpr0001 and id is 1 raw text is: BRENNAN CENTER FOR JUSTICE November 30, 2020 Clerk of the Wisconsin Supreme Court 16 East State Capitol P.O. Box 1688 Madison, WI 53701-1688 Re: Petition for Proposed Rule to Amend Wis. Stat. § 809.70 (Relating to Original Actions) To the Honorable Justices of the Supreme Court: The Brennan Center for Justice at New York University School of Law (the Brennan Center) writes to offer comments on Rules Petition 20-03, which would significantly change practices for drawing Wisconsin's legislative and congressional maps in the event of political deadlock. We appreciate this opportunity to provide input on a subject of vital importance that could have adverse ramifications for the decade to come if the process is poorly designed. The Brennan Center is a nonpartisan public policy and legal institute that works to reform, revitalize, and defend our country's system of democracy and justice. For more than two decades, this work has included studying redistricting processes around the country. We offer the comments below to help place the processes proposed in Rules Petition 20-03 in a national context. As noted below, Rules Petition 20-03 would make Wisconsin an outlier in several key respects and could hamper the redrawing of maps. 1. It is unusual to bypass lower courts and have original proceedings take place in a state's highest court. Courts are a critical safeguard for ensuring that legally compliant districting plans are in place in the event the political branches deadlock in the redrawing of maps after the census. However, Rules Petition 20-03 is unusual in requesting that the Wisconsin Supreme Court act as the court of first instance should there be deadlock. Indeed, out of the fifty states, just seven require that a state's supreme court draw maps in the event of a redistricting ~rennin Cent r for Jusicc at New York Univers ty S~chiooI of Law 120 EBroadwav, Suite1i75Q Naw York, NY 10271

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