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In January, Democrat Patty Schachtner won a shocking upset, winning a special election for a Wisconsin state Senate seat by 11 points. The district had been in Republican hands since 2000 and was carried by Donald Trump by 17 points in 2016.

There are currently two more vacancies in Wisconsin’s state Legislature, created after a Republican state senator and representative both left to take jobs in Gov. Scott Walker’s administration in December. But Walker has so far refused to schedule special elections to fill those seats, claiming that balloting would be a waste of money, since the Legislature is set to adjourn in May. Instead, the governor announced plans to pick the district’s new legislators during November 2018’s general election and seat them in January 2019.

Democrats competing in special elections this year have over-performed expectations.

On Monday afternoon, a Democratic group led by former Attorney General Eric Holder sued Walker in a Wisconsin court on behalf of voters in the two vacant districts, arguing the governor’s decision would deny them representation for over a year. The motion cites the Wisconsin Constitution’s language saying legislative vacancies “shall be filled as promptly as possible by special election.” The complaint alleges “Governor Walker has repeatedly publicly stated that he will not do so,” and seeks to force earlier elections.