(The Center Square) – Wisconsin state Senate Democratic leadership now acknowledges it will be up to voters to decide if they believe Republican Michele Magadance Skinner should represent them instead of Democratic incumbent Jeff Smith.

A Dane County judge, like the Wisconsin Elections Commission did previously, rejected an attempt to kick Skinner off the ballot for the state’s 31st Senate District over her residency. The district includes portions of Chippewa, Dunn, Eau Claire and Trempealeau counties.

Skinner argued that she maintains residence in Wisconsin while her husband has a home in Georgia where they live part of the year.

The judge ruled that there was not sufficient evidence from the Democratic committee to prove otherwise.

“Today’s ruling in Dane County court was a testament to the important role the justice system plays in our democratic republic,” Skinner said after the ruling. “I am thankful that the judge saw through the political games and blatantly false smear campaign conducted by Jeff Smith and his liberal allies. Tactics by Mr. Smith and SSDC have proven this adage to be true: ‘never wrestle with pigs – they have fun and you get dirty.’”

Senate President Pro-Tempore Patrick Testin called the lawsuit and challenges a "witch hunt.”

“Democrats know Jeff Smith’s record of putting himself over the people he was elected to represent is too much to overcome this November,” Testin said. “Jeff Smith and Madison Democrats are out of touch with the realities that Wisconsinites are facing. Instead of focusing on lowering costs for families across this state, they have focused on their smear campaign against a Wisconsin Woman and her service in local government.”

Andrew Whitley, executive director of the State Senate Democratic Committee, called Skinner someone who “carelessly maneuvers around the law.”

“The facts of the case remain the same: Michele Magadance Skinner and her husband benefited from thousands of dollars in tax breaks only given to households where both husband and wife claim residency in Georgia,” Whitley said in a statement. “Additionally, by her own admission, Michele Magadance Skinner willingly gave up Wisconsin residency in 2021 yet still received property tax breaks only given to Wisconsin residents. Magadance Skinner and her husband should pay back the thousands of dollars in tax breaks they shouldn’t have received in the first place, and hope that she’ll proactively do so.”