Wisconsin to decide fate of constitutional amendment explicitly barring noncitizens from voting
MINNEAPOLIS — When voters in Wisconsin go to cast their ballots in the election on Tuesday, they will also have the option to vote on whether to explicitly bar noncitizens from voting.
The statewide referendum authored by Republican legislators asks for permission to amend the state constitution to clearly prohibit non-U.S. citizens from voting in any election held in the state.
Here's the exact wording of the yes/no question:
"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?"
Article III Section 1 of the Wisconsin Constitution currently reads, "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."
A "no" vote would preserve the current language while a "yes" vote would change the article to say, "Only a 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."
To take effect, Wisconsin constitutional amendments must pass two consecutive legislative sessions and a statewide referendum. Republican lawmakers passed the measure in 2022 and again last year without a single Democratic vote. Gov. Tony Evers has no role in approving constitutional amendments.
Background
The proposed amendment is part of a push from the GOP across the country in response to some municipalities in a handful of states letting noncitizens vote in some local elections such as school board and city council races. Currently, only 17 municipalities in the U.S. permit noncitizens to vote in local elections — none of them are located in Wisconsin.
No state constitutions explicitly allow noncitizens to vote and many states have laws prohibiting them from voting in statewide races. Additionally, a 1996 federal law already makes it illegal for noncitizens to vote in federal elections. Still, Republicans argue they are trying to protect election integrity.
"We're just trying to make it crystal clear in Wisconsin that voting is reserved for U.S. citizens only," said Rep. Tyler August, the Republican majority leader of the state assembly.
August says the point of the proposed amendment is to preempt potential future efforts to allow noncitizen voting in local elections.
"We've seen some liberal states and municipalities across the country start to allow non-U.S. citizens to vote in their municipal elections," he said. "We believe that's wrong."
Democrats and other opponents say the amendment has no practical effect and is instead designed to draw conservatives to the polls and stoke anger against foreigners in the United States.
Jeff Mandell with Law Forward, a nonprofit that works to protect voter rights, says the amendment is "a solution in search of a problem."
He also says it opens the door to requiring proof of citizenship at the polls.
"Making it easy to require evidence [of citizenship] would make it harder for people [to vote] and might dissuade some people from turning up to vote at all," Mandell said. "Most of us do not carry on us everyday proof of our citizenship."
Debra Cronmiller, the executive director of the League of Women Voters of Wisconsin, calls the amendment "offensive" and "anti-American" for changing what she claims is the constitution's inclusive language of "every" citizen voting to exclusive language of "only" citizens.
"This is feeding a narrative that is trying to create a new enemy, an enemy that is the immigrant population," Cronmiller said.
Wisconsin Ethics Commission records show the only organization to register in favor of the amendment this session is Wisconsin Family Action, a conservative group that says it works to defend marriage, the family and religious liberty.
Multiple organizations have registered in opposition, including the American Civil Liberties Union and the League of Women Voters. Groups opposing the amendment called it a power grab that fosters discrimination and could lead to more anti-immigrant measures.
State data indicates voting by noncitizens is rare, although Republicans have highlighted voter registration reviews that turned up potential noncitizens. The Heritage Foundation reported 23 instances of noncitizens voting nationwide between 2003 and 2022. One of those cases happened in Wisconsin.
Wisconsin is not the only state with lawmakers proposing a change to the language regarding who can vote. Seven states recently adopted similar changes and voters in seven other states will decide whether to adopt that provision too.
Both sides of the question say they have support from people in both parties. Observers expect a close race.