A Guest Column from the League of Women Voters of Wisconsin: We Should Not Enshrine Controversial Social Policies in Our Wisconsin Constitution
By Jean Janes and Joan Schwarz
On November 3rd, Wisconsin ballots will include three more proposed amendments to our state constitution, following the proposed amendments that appeared on our ballots in 2023, 2024 and 2025. The majority of the Wisconsin legislature has placed these constitutional amendments on our ballots instead of passing bills through the regular legislative process?
Our constitution is the fundamental document that outlines Wisconsin’s framework for governance, including the powers, structure and limits on the state government and individual and civil rights.
Yet, from 2023 through 2025, constitutional amendments on the ballot (referred to as State of Wisconsin referendums, not to be confused with local referendums) have promoted the legislative majority’s policy choices to bypass the regular democratic legislative process, enabling the majority to insulate their policies from judicial scrutiny, from the Governor’s veto authority, and from future attempts to change the law.
The result is that we now have their policies enshrined in our Wisconsin Constitution for generations to come. These amendments include the following legislative policies that Governor Evers vetoed from 2023 through 2025:
- Prohibiting state and local governments from accepting private donations, grants, or equipment to administer elections, even though inadequate state funding already strains election clerks.
- Restricting election tasks and administration to specifically designated municipal and state election officials rather than outside individuals, thereby denying elections clerks needed assistance.
- Restricting voter eligibility to U.S. citizens for all elections, even where local law allows non-citizen votes that directly affect their local concerns, like the mayor or the school board.
- Requiring photographic identification to vote in any Wisconsin election where a statute already required such identification.
- Broadening the factors judges can consider when setting pretrial release conditions by changing “serious bodily harm” to a lower, undefined standard of “serious harm,” denying pretrial release to defendants with lesser charges than death or disfigurement.
- Expanding the factors judges can consider when setting cash bail for a person who has been charged but not yet been convicted, thereby exacerbating inequities that already exist in the state’s cash bail system, and raising significant concerns under the due process clause of the Fifth Amendment.
Now — there are three more constitutional amendments on our November ballot.
Question #1 Prohibits the governor from using Wisconsin's broad partial veto authority on budget bills to create or increase any tax or fee, an issue that could and should have been resolved in joint budget meetings.
Question #2: Prohibits state or local governments from addressing public health or other emergencies by closing or limiting gatherings in places of worship, thereby infringing on the governor’s executive authority to address public health emergencies in a timely manner.
Question #3: Bans government entities and public institutions (including public schools and universities) from granting preferential treatment to any individual or group based on race, sex, color, ethnicity, or national origin in public employment, public education, or public administration and public contracting, thereby putting at risk 60 years of equity programs that have provided equal opportunity and access for the vulnerable in our society.
Further, as any Wisconsin voter knows, constitutional amendment questions on the ballot are historically misleading. The language is purposely complicated. The intent is to bury the real consequences of a “yes” vote well below the heading, banking on the likelihood that most people won’t read past a benign opening line.
Question #3 on our ballot illustrates this tactic. It is titled “Government Entity Discrimination Prohibited” when, in fact, state and federal laws already prohibit government entity discrimination and so this title is intentionally misleading and highly suggestive that the public will vote “yes” without reading the entire amendment.
The upshot of these legislative shenanigans is that we end up with a constitution enshrining social policies that infringe on our bedrock principles and do not protect all Wisconsin citizens’ constitutional rights.
Don’t wait until you’re in the voting booth to read these proposed amendments. Seek resources now that explain the proposed amendments and their potential consequences before you cast your ballot. [see link] And elect legislators who don’t circumvent our legislative process. The time is now to protect our Wisconsin Constitution and our democratic structure. Find more information: https://my.lwv.org/wisconsin/constitutional-corner
Debra Cronmiller is the executive director of the League of Women Voters of Wisconsin.
