In addition to the presidential, statewide and local races on Wisconsin’s November ballot, voters across the battleground state will once again be asked to weigh in on a proposal to amend the Wisconsin Constitution. This time, the question is whether the state’s charter should bar noncitizens from voting — something that’s already illegal in federal, state and most local elections.
Like all constitutional amendments, the item will come before voters in the form of a referendum question. The Nov. 5 ballot question is the latest in Republican efforts to have voters decide on changes they have been unable to pass through the legislative process and have the governor sign into law.
What is a constitutional amendment?
Constitutional amendments codify changes to the Wisconsin Constitution, which establishes the framework for state government. State and local laws must adhere to the Constitution.
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Amendments must pass two successive legislative sessions before voters have the final say. If enacted, such changes can only be reversed through the same amendment process or by a court order.
Unlike bills, the governor cannot veto constitutional amendments.
What are you voting on?
The question before voters reads: “Eligibility to vote. Shall section 1 of article III of the constitution, which deals with suffrage, be amended to provide that only a United States citizen age 18 or older who resides in an election district may vote in an election for national, state, or local office or at a statewide or local referendum?”
A “yes” vote supports the proposed change, while a “no” vote opposes it.
How did we get here?
Proposed and passed by Republicans in the Legislature, the ballot question is meant to head off initiatives like those in other states to allow noncitizens to vote in some local elections.
Wisconsin law already bars noncitizens from voting in statewide elections, and the state Constitution says that “every” U.S. citizen 18 or older may vote in Wisconsin. The proposed amendment would change that to “only” U.S. citizens ages 18 or older.
Both national and state Republicans have continued to raise concerns about the possibility that noncitizens could vote in elections, despite the fact that noncitizens casting ballots has rarely occurred. Those calls have only intensified as Republicans ramp up their focus on issues related to immigration and the nation’s southern border — topics at the center of former President Donald Trump’s campaign — heading into the November presidential election.
Some Democrats contend the measures could create hurdles for legal voters, are unnecessary and lead people to believe the problem of noncitizens voting is bigger than it really is.
Similar measures have been advanced in other states including Iowa, Missouri, North Carolina, Oklahoma and South Carolina.
Proposals like the one coming before voters in Wisconsin have been advanced despite a federal law that already bars noncitizens from voting in presidential elections.
How often do amendments pass?
Since the adoption of the state Constitution in 1848, voters have weighed in on more than 200 proposed amendments. Of those, about 150 have been approved, according to the nonpartisan Legislative Reference Bureau.
Despite the overall rate of success constitutional amendments have seen in Wisconsin, voters in the state’s August primary soundly rejected two recent questions aimed at limiting the governor’s ability to decide how federal money is spent in the state.
The overwhelming rejection of the two questions has been viewed as a victory for Democrats and liberal-leaning groups, who launched an aggressive messaging campaign urging voters to vote against the measures.
The proposed change on Wisconsin’s November ballot has been opposed by more than 30 organizations including ACLU of Wisconsin, League of Women Voters of Wisconsin, Main Street Alliance, Wisconsin Council of Churches and Wisconsin Public Education Network.
Only one organization, Wisconsin Family Action, registered in support of the proposal as it worked its way through the legislative process last session.
The Associated Press contributed to this report.
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Proposed and passed by Republicans in the Legislature, the ballot question is meant to head off initiatives like those in other states to allow noncitizens to vote in some local elections.
