Sen. Chris Kapenga told UPFRONT that Majority Leader Devin LeMahieu could lose his leadership post if he violates the ‘Rule of 17’ to pass a pair of controversial bills.
A leading conservative state senator warned Sunday that Senate Majority Leader Devin LeMahieu risks losing his leadership position if he brings controversial online sports betting and name, image and likeness (NIL) legislation to the floor without sufficient Republican support, violating a long-standing GOP caucus tradition known as the Rule of 17.
State Sen. Chris Kapenga, R-Delafield, delivered the pointed message during an appearance on WISN 12’s “UPFRONT” program, as the Republican-controlled Senate prepares for its final floor session of the year.
“Historically, a majority leader does not come back if he breaks the rule of 17. So I hope he takes that into account,” Kapenga said.
The Rule of 17 is an informal but strictly observed guideline among Wisconsin Senate Republicans requiring at least 17 of the chamber’s 18 GOP members to support a bill before it can advance to the floor for debate and a vote. Critics of the sports betting and NIL measures argue the bills lack that threshold of conservative backing, and forcing a vote would represent a breach of trust within the caucus.
Kapenga, a fiscal conservative who has often championed limited government principles, emphasized that precedent demands adherence to the rule regardless of the issue. He said there simply aren’t enough Republican votes to justify bringing the measures forward, particularly the online sports betting bill that would expand gambling in the state.
Opponents, including several GOP senators, have raised alarms that the sports betting proposal could cede significant control to Wisconsin’s Native American tribes through restrictive gaming compacts, potentially costing state taxpayers tens of millions in lost revenue while enriching special interests. The NIL legislation, aimed at codifying college athletes’ rights to earn from their name, image and likeness, has also drawn internal pushback over concerns about transparency, public records exemptions and its broader implications for university athletics funding.
By urging LeMahieu to respect the Rule of 17, Kapenga signaled deep divisions within the Republican Senate caucus on these high-profile issues. Conservative lawmakers have expressed frustration that leadership might bypass traditional safeguards to accommodate lobbying pressure from gambling companies, universities or other outside groups.
“Precedent has always been you’ve got to have the rule of 17, if it’s Republican or Democrat votes,” Kapenga said, adding that ignoring the custom would be “very dangerous” for party unity heading into future sessions.
LeMahieu has not publicly commented on Kapenga’s remarks. The majority leader has previously downplayed the Rule of 17 as more of a flexible tool than an ironclad requirement, but many rank-and-file conservatives view it as essential to preventing minority factions or special-interest bills from advancing against the will of the caucus.
