Wisconsin voters pass two of three constitutional amendments

Wisconsin voters approved two of the three constitutional amendments on the ballot on Tuesday. 

Over the last eight years, the Republican-controlled Legislature has frequently used the state’s constitutional amendment process to circumvent the veto pen of Democratic Gov. Tony Evers. Tuesday’s results give the Republicans a nine for 15 record in those efforts. 

Under state law, a proposal to amend the state Constitution must be passed in two consecutive legislative terms and then approved by the voters. 

Anti-equity 

Voters approved an amendment that will prohibit state and local governments from discriminating against or granting preferential treatment to any groups based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration. 

Of the three amendments on the ballot, this one passed the most easily, with voters approving the measure with 57% of the vote, as of 12:30 a.m.

The amendment is the product of Republican antagonism against diversity, equity and inclusion policies in recent years. GOP lawmakers have pointed to money spent by county governments on diversity programs as an expense that the amendment will put a stop to. 

Republicans have said government spending decisions should be based on merit instead of membership of a specific group. 

Opponents of the amendment argued that the state and federal constitutions already prohibit discrimination. They’ve also pointed to popular programs across state and local government that could now be considered illegal — including women’s health initiatives and childcare programs such as Head Start — and made the case that the government should be allowed to address disparities such as the high rate of Black maternal mortality in Wisconsin. 

Places of worship 

With a 52% margin, Wisconsin voters narrowly rejected a proposed amendment that would have prohibited the government from shutting down places of worship during a state of emergency. 

The proposal was introduced by Republican lawmakers angry that government orders during the COVID-19 pandemic closed churches across the state. Those closures sparked widespread protests from conservatives in the state. 

Opponents of the amendment had argued the state needs tools to protect public health in the event of an emergency. 

Partial veto 

Voters narrowly approved a constitutional amendment that will limit the governor’s partial veto authority, preventing its use to introduce new taxes or fees. The measure passed with 51% of the vote. 

The amendment was proposed after Gov. Tony Evers used his veto pen to change the 2023-25 biennial budget to allow schools to raise revenue limits by $325 per pupil per year for the next 400 years. Republicans across the state have frequently complained about the “400-year tax,” including Tom Tiffany, who made repealing the veto a major part of his run for governor. 

Governors of both parties have used the partial veto to extend provisions for hundreds of years. Republican Gov. Scott Walker used the power to extend a one-year moratorium on school referendum requests for energy efficiency projects, transforming it into a 1,000-year moratorium.

The partial veto authority of Wisconsin’s governor has been rolled back several times through the courts and the constitutional amendment process during the state’s history. Opponents of the amendment compared it to previous actions by Republican lawmakers to limit the authority of the governor after Evers, a Democrat, took office.