Politics
After 8 months off, Wisconsin Republicans first business in state Legislature is to add constitutional amendment on voter ID to spring ballot
MADISON, Wis. (AP) — Wisconsin’s photo ID requirement for voting would be elevated from a state law to a constitutional amendment under a proposal approved Tuesday by Republicans, who control the state Assembly.
It received no support from Democrats.
It was the first order of business by the GOP. The state Legislature was sworn in a week ago and has been out of session the past eight months.
Voter ID is already state law and Wisconsin is one of only nine states where voters must present a photo ID to cast a ballot. That requirement is also the strictest in the country, according to the National Conference of State Legislatures.
Thirty-six states have laws requiring or requesting that voters show some sort of identification at the polls, according to NCSL.
The proposed constitutional amendment will appear on the spring ballot for voter consideration. If approved, it would then be amended into the state constitution.
Over the past two years, Republicans have bypassed the Democratic governor to put their measures on ballots in forms of constitutional amendments more so than all the other midwest states combined. Wisconsin’s GOP has put seven amendments on the ballot, while Illinois, Indiana, Iowa, Michigan, Minnesota and Ohio have done so six times.
Constitutional amendment ballot questions presented to voters
State | 2020 | 2021 | 2022 | 2023 | 2024 | Total |
Wisconsin | 1 | 0 | 0 | 2 | 5 | 8 |
Illinois | 1 | 0 | 1 | 0 | 0 | 2 |
Indiana | 0 | 0 | 0 | 0 | 1 | 1 |
Iowa | 0 | 0 | 1 | 0 | 2 | 3 |
Michigan | 2 | 0 | 3 | 0 | 0 | 5 |
Minnesota | 0 | 0 | 0 | 0 | 1 | 1 |
Ohio | 0 | 0 | 2 | 2 | 0 | 4 |
Regardless of the vote, the ID requirement has been in state law since 2011 and would remain in place.
Republicans, citing Wisconsin polls that showed broad support for voter ID requirements but don’t factor in the inequity of such a requirement, hailed the measure as a way to bolster election security and protect the law from being overturned in court.
Democrats note photo ID requirements are often enforced unfairly, making it more difficult for people of color, the disabled and poor people to vote.
Democrats also argued the Legislature that hasn’t held a session since April — save for one day when the Senate met in May — should focus instead on actual issues like clean water, affordable housing and expanding access to child care.
If voters agree to place the photo ID requirement in the constitution, it would make it more difficult for a future Legislature controlled to change the law. Any constitutional amendment must be approved in two consecutive legislative sessions and by a statewide vote of the people.
Other states have taken similar steps in recent years to put voter ID requirements in their constitutions, with mixed success. Voters approved it in Mississippi in 2011 and North Carolina voters in 2018, while Minnesota voters rejected it in 2012.
The Republican-controlled Wisconsin Legislature first passed the state’s voter ID law in 2011. It took effect briefly in 2012, but courts that year put it on hold until 2016 after state and federal courts allowed it to take effect.
The Legislature last session approved the voter ID constitutional amendment for the first time. The measure was the first proposal considered by the Legislature this year. The state Senate passed it last week along a party line vote, with all Republicans in support and Democrats against.
The Assembly on Tuesday gave it the final approval needed, also on a party line vote, sending it to the ballot for voter consideration.
It will be the sixth ballot measure the Republicans have placed on the ballot over the past year — one was a nonbinding referendum, something local governments are now prohibited to add to ballots.
Amending the constitution puts questions before voters and avoids potential vetoes by Democratic Gov. Tony Evers.
Meanwhile, last week Evers proposed giving citizens the ability to put measures on the ballot through a referendum process. The governor on Tuesday renewed that call, which Republicans oppose.
“If Republican lawmakers are going to continue ignoring the will of the people and legislating by constitutional amendment, then they should give the people of Wisconsin the power to pass the policies they want to see at the ballot box,” Evers said in a statement.
Lawmakers moved quickly because of a Jan. 21 deadline to get the issue on the April 1 ballot.
Control of the state Supreme Court also hangs in the balance in that April election. The race for an open seat will determine whether liberals maintain control for at least the next three years. The Democratic-backed candidate, Dane County Circuit Judge Susan Crawford, was the lead attorney in a 2011 lawsuit challenging the voter ID law.
There are no pending legal challenges to voter ID.
Even if the amendment is approved, lawmakers could still decide what types of photo IDs are acceptable. Voters without a photo ID could still cast a provisional ballot, as they can now. The ballot is counted if the voter returns later with a photo ID.