Democratic officials across Wisconsin argue Act 10 is harming workers across the state, pushing for repeals amid the 2026 midterm elections.
Former GOP Gov. Scott Walker enacted Act 10 in 2011 and has been a contentious topic between Republican and Democratic state officials since it was put into law. Democrats have attempted to repeal the law multiple times, but have not succeeded.
The law curtailed collective bargaining rights for most public sector employees, limiting negotiations to base wage increases capped at the consumer price index. There have been claims against Act 10, saying it has harmed teacher retention.
State Sen. Kelda Roys told The Daily Cardinal Wisconsin is facing a teacher retention crisis because of Act 10.
“It's harder for young people to make the decision to go into teaching because they know they're likely to not be able to afford to buy a house, have children or live in the communities where they're teaching because their wages have not kept up with inflation,” Roys said. “The benefits that were once the big draw of public sector employment are being ratcheted down, and the employees are bearing a greater share of those costs.”
Madison Teachers Inc. told the Cardinal Act 10 has left Madison schools “starved” for funds.
Dr. Joe Gothard, superintendent of Madison Metropolitan School District (MMSD), told the Cardinal MMSD has had to rely on outside reinforcements for its budget.
“Our community has supported referendums to make sure we have the operational capacity to afford our employees’ wage increases,” Gothard said. “That's been critical.”
Lawmakers in favor of Act 10 argue union stipulations allow for greater district flexibility. The Wisconsin Institute for Law and Liberty (WILL) actively defends Act 10’s merits and represents teachers in support of the law.
Will Flanders, the research director for WILL, said the act has allowed school districts to save over $1.6 billion annually by shifting district costs onto employees.
“School districts have been given a lot more freedom in terms of their hiring practices and how they reward teachers for good performance,” Flanders told the Cardinal. “They can be more creative in their pay systems.”
Roys disagreed, calling the argument “dubious.”
“There is literally not one community in the state that has adequate funding to meet the needs of their residents and provide basic public services,” Roys said.
She notes most districts, like MMSD, have to utilize referendums to support funding. In November, more than 70 districts will have referendums on the ballot. This past April, 60% of the 75 referendums in the spring election passed.
Roys also said Act 10 is hurting Wisconsin’s performance as a whole against neighboring states like Minnesota.
“[It’s] very challenging for our state to compete economically,” Roys said. “If you look at our performance versus Minnesota's — the economic performance, the educational attainment and salaries — we've just fallen behind our peer states. I think debasing workers' rights is one of the reasons why.”
Other officials echoed Roys, such as Madison Mayor Satya Rhodes-Conway, who told the Cardinal Act 10 blocked local governments from providing basic services.
“Act 10 did not give local governments like Madison more budget flexibility because it was tied to a dramatic cut in shared revenue from the state,” Rhodes-Conway told the Cardinal. “My hope for the next state administration is that union rights are restored.”
Gubernatorial candidates Republican U.S. Rep. Tom Tiffany and Democrat Milwaukee County Executive David Crowley have competing points of view on the topic as well.
Crowley told the Cardinal he would work to repeal Act 10 if elected.
“As governor, I’ll work to repeal Act 10 to make sure Wisconsinites get the fair wages and benefits they deserve,” Crowley said in an email statement to the Cardinal. “What I won’t do is support extreme policies that raise costs on everyday families like MAGA Congressman Tom Tiffany, who called union workers ‘kingpins’ and has spent his entire career selling out working Wisconsinites.”
Democratic Gov. Tony Evers, who was elected in 2018, has opposed the law, attempting to repeal parts of the act through budget proposals, but nothing has stuck in the courts.
Tiffany emphasized the damage he believes a repeal of Act 10 would cost citizens.
“Talk to local governments and school districts across Wisconsin, and they will tell you that repealing Act 10 would saddle them with enormous new costs,” Tiffany said in an email statement to the Cardinal. “They would be forced to make devastating cuts or come back to taxpayers for more money. Repealing Act 10 would cost taxpayers roughly $2 billion more every year.”
Aside from impacts on educators, Democratic state Sen. Chris Larson said corrections workers suffer the most. There is currently a 33% vacancy rate in correction officer positions across the state.
“It’s thankless, stressful work that negatively impacts the health and life expectancy of those doing it,” Larson said in a statement to the Cardinal. “Worker shortages cause forced overtime, which causes burnout, which exacerbates worker shortages. As a result, the Wisconsin Department of Corrections and Wisconsin Counties have had to drastically increase the pay of Corrections Officers – and still they struggle to recruit good candidates, who often value work-life balance more than financial compensation.”
In a 2024 survey, over half of the Wisconsin correction officers surveyed said if they left their position, it would be due to their salary and benefits.
Larson said if Act 10 were repealed it would make a “huge difference” for Wisconsin correction workers.
The debate over Act 10 is highly partisan, with many Democratic officials speaking out about its damage to public sector employees and Republican officials arguing the financial benefits the law brings.
If the law heads to the Wisconsin Supreme Court, there is a chance for repeal under the 5-2 liberal majority, according to Flanders.
Federal courts upheld the law in Wisconsin Education Association Council (WEAC) v. Walker in 2013, and lawmakers have deferred to the precedent. The case focused on the legality of the differentiation between general and public safety workers.
WEAC and the American Federation of State, County & Municipal Employees (AFSCME) filed a lawsuit against the 2011 law in 2023, arguing the state’s Equal Protection Clause made the law unconstitutional.
Flanders said WEAC and AFSCME’s case is a “legitimate threat” to Act 10.
Dane County Circuit Court Judge Jacob Frost struck down over 60 sections of Act 10 in late 2024, but stayed his decision for a state ruling. In July 2026, however, the Wisconsin Court of Appeals District 2 overturned Frost’s ruling, relegalizing the full scope of Act 10.
Now labor groups have appealed the case to the Wisconsin Supreme Court, which will review the decision for the first time since 2014 if the petition is accepted.
Jane Dardik is the City News Editor. She has covered a wide array of Madison stories, including city elections, budgets and community development.
