Wisconsin voters will decide three proposed changes to the state constitution on the Nov. 3 general election ballot. The questions deal with the governor’s partial veto power over taxes and fees, government authority to close places of worship during emergencies, and bans on discrimination or preferential treatment by public entities. Each measure requires a simple majority to pass and would alter the Wisconsin Constitution if approved.
Question 1
The first question asks: “Shall section 10 (1) (c) of article V of the constitution be amended to prohibit the governor, in exercising his or her partial veto authority, from creating or increasing or authorizing the creation or increase of any tax or fee?”
A yes vote would rewrite the Constitution so the governor could no longer use a partial veto on a spending bill to create a new tax or fee, raise an existing one, or authorize local governments, including school districts, to create or raise taxes or fees. A no vote would leave the governor’s current partial veto powers on this point unchanged. The change would apply only to that specific use of the veto and would not affect other partial-veto practices already limited by the constitution.
SJR 116 would amend the state’s Constitution to prohibit the governor from using the partial veto to create or increase any tax or fee. Currently, the governor is prohibited from creating a new word by rejecting individual letters in words and from creating new sentences by combining parts of multiple sentences in an enrolled bill.
All 18 Senate Republicans voted to support SJR 116, while all 15 Senate Democrats voted to oppose it. In the State Assembly, all 54 Republicans voted for SJR 116, while 41 Democrats voted against it and 4 did not vote.
Question 2
The second question asks: “Shall section 18 of article I of the constitution, which deals with religious liberty, be amended to prohibit the state or a political subdivision of the state from ordering the closure of, or forbidding gatherings in, places of worship in response to a state of emergency, including a public health emergency?”
A yes vote would add language to the constitution that bars the state and local governments from ordering places of worship closed or from forbidding gatherings inside them during any declared emergency, including a public-health emergency. The protection would remain in place even if officials close other public gatherings, businesses or schools. A no vote would leave current rules in place, under which officials may limit religious gatherings during emergencies as long as they treat religious and non-religious gatherings the same.
In the state Assembly, the amendment passed 56-43. In the Senate, the amendment passed 18-15, mostly along party lines in both houses, with Republicans supporting it and all but two Democrats opposing it.
Question 3
The third question asks: “Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”
A yes vote would create a new constitutional section that stops state and local government entities, including the University of Wisconsin System, technical colleges, public schools, and other public bodies, from discriminating against or giving preferential treatment based on race, sex, color, ethnicity, or national origin in hiring, education, contracting, and administration. Limited exceptions would remain: actions required to keep federal funding or comply with federal law, and bona fide sex-based qualifications that are reasonably necessary for normal operations. A no vote would leave existing state and federal anti-discrimination rules in place without adding this stricter constitutional ban on preferential treatment.
