The National Redistricting Foundation contended that “plaintiffs have a clear legal right to elect representatives to fill those vacancies (and to representation in the Legislature) and Governor [Scott] Walker has a plain legal duty to issue the writs of election to hold a special election as promptly as possible.” | Scott Olson/Getty Images Holder group sues Walker for not holding elections in Wisconsin

The National Redistricting Foundation sued Gov. Scott Walker of Wisconsin on Monday for not holding special elections for two state Legislature seats.

The seats, left vacant by an assemblyman and state senator who resigned in December to take jobs in Walker’s Republican administration, will otherwise remain open until January 2019, following the regularly scheduled elections for the seats in November.


Eric Holder, who was President Barack Obama’s first attorney general and is now chairman of the foundation’s parent organization, the National Democratic Redistricting Committee, said that although most of his focus right now is on fundraising and campaigning around redistricting, he felt drawn to this lawsuit out of good-government concerns, as well as talk about Democratic efforts to win the seats if and when there are races.

“The primary thing at this point is to just hold the damn elections,” Holder said. “Those are basic and fundamental, democratic and American concepts. You hold elections. The question is: ‘What are you afraid of, Scott Walker?’”

POLITICO Playbook newsletter Sign up today to receive the #1-rated newsletter in politics Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

In January, Democrats won the special election for a different state Senate seat that had been left open after the incumbent also resigned to join Walker’s administration, flipping party control there for the first time in 17 years. Walker, who is running for a third term himself in November, tweeted that the Democrats’ win was “a wake up call,” and Republicans around the state expressed concern that it could be a sign of a growing blue wave, despite President Donald Trump’s victory there in 2016 and Sen. Ron Johnson’s reelection that same night.

Walker press secretary Amy Hasenberg said that the governor does not see merit to the suit.

“Voters are already going to the polls this year to elect new representatives in these districts. This D.C.-based special interest group wants to force Wisconsin taxpayers to waste money,” Hasenberg said. “The Legislature will be adjourned for 2018 before these seats could be filled in special elections, and staff in these offices are working for constituents until new leaders are elected. Our decision is consistent with the law.”

The 501(c)(3) redistricting foundation contended on behalf of eight constituents that “plaintiffs have a clear legal right to elect representatives to fill those vacancies (and to representation in the Legislature) and Governor Walker has a plain legal duty to issue the writs of election to hold a special election as promptly as possible.”

Holder held off on promising help for Democrats who might run in those districts if there were elections, and argued that the larger efforts to help Democrats win state Legislature seats was not the driving force in filing the suit.

“If there’s a political calculus here, I think it’s on the part of Walker not wanting to hold a special election in this year,” Holder said, adding: “We expect that Democrats will contest and fight for these seats.”

