Opinion: Wisconsin will vote on a referendum question Nov. 5. Like others, it's confusing.
One more election in 2024, and one more referendum on your Wisconsin ballot. Yes there is a fifth and final statewide referendum Nov. 5 and it’s just as confusing as the previous four.
This question, similar to the others, is asking to change the wording in our state constitution. What’s different this time is that nothing functionally changes if the referendum passes.
That’s because the question is about preventing any future attempt at allowing noncitizens to vote in Wisconsin despite the fact that, today, noncitizens are not allowed to vote in any election in Wisconsin. Nor is there any legislation proposed that would allow them to do so.
The referendum would change wording from 'every' to 'only'
Currently, section 1 of article III of the Wisconsin constitution says: “Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district."
The question on the ballot 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?”
Did you spot the difference?
If you vote “Yes,” you are voting that you want the word “every” to be changed to “only” and to add the clarifying language that it applies to all elections and referendums, whether local, state or national. If you vote “No,” you are voting to keep the current language in the constitution.
What changes? Nothing. Noncitizens already can't vote in Wisconsin.
Nothing practically changes if “every” becomes “only,” because nowhere in Wisconsin are noncitizens currently allowed to vote. There is a federal law that prevents noncitizens from voting in federal elections and there are no cities, towns or villages in Wisconsin that allow noncitizens to vote in local elections.
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There hasn't been any proposed bills in the Legislature to allow noncitizens to vote and even the Wisconsin Elections Commission has testified that it has only knows of four alleged cases of election fraud related to citizenship in the last decade.
Changing the language is meant to prevent any future hypothetical scenario where municipalities would vote to extend voting rights to noncitizens in local elections by expressly prohibiting it.
Noncitizens can vote in local elections in a handful of places
Supporters of the proposed constitutional amendment have pointed to municipalities in other states that let noncitizens vote in races for city council or school board as the motivation behind this change. They say the amendment is key to making sure that such a thing doesn’t take hold in Wisconsin.
So, where is noncitizen voting legal? Not a single state currently allows noncitizens to vote in statewide elections.
However, three states and Washington DC have municipalities that allow noncitizens to vote in certain local elections. Washington, DC, recently enacted a law to allow noncitizen residents to vote in all non-federal elections. In California, San Francisco allows resident noncitizen parents and guardians to vote in school board elections and Oakland is currently attempting to enact a similar law. Additionally, some cities in Maryland and Vermont permit noncitizens to vote in municipal elections.
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In 2021, New York City actually did enact a law allowing noncitizens to vote in local elections in, but it was ruled unconstitutional by a state judge in 2022.
The argument these municipalities have made is that long term residents and green card holders pay taxes, are members of their community and thus impacted by local services.
Both supporters and opponents of this change only have hypotheticals as arguments to vote yes or no. How important is it to you to close the door on any rogue municipality deciding that they are going to allow noncitizens to vote in local elections? Alternatively, how worried are you that by changing the word “every” could be interpreted by a court to remove voting rights in the future?
For me, this seems like a prime example to apply the old saying, “if it ain’t broke, don’t fix it.”
Is this the end of constant constitutional amendments? I hope so.
I'm just hoping this is the last referendum explainer I have to do for a while.
In the last two years, Republicans have put seven constitutional amendment questions on Wisconsin election ballots:
The last time there was this much constitutional amendment activity in Wisconsin, it was 1982. Let's hope that with our new legislative maps there will be more balance in the State Legislature in 2025 and bring this governing by confusing constitutional amendment referenda era to an end. Or at least another 40 year hiatus.
Kristin Brey is the "My Take" columnist for the Milwaukee Journal Sentinel.
This article originally appeared on Milwaukee Journal Sentinel: Opinion: Question centers on noncitizen voting. It's already illegal.
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