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What to know about the Wisconsin 'eligibility to vote' referendum in the 2024 election Nov. 5

Hope Karnopp, Milwaukee Journal Sentinel
Updated
4 min read

There are plenty of races on the Nov. 5 ballot in Wisconsin, from top-of-the-ticket races for president and U.S. Senate to down-ballot items like state lawmakers and school funding referendums.

At the end of the ballot — and it might be on the other side of it — there's also a statewide referendum question that asks about eligibility to vote in Wisconsin.

The question 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?”

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Like the four other referendum questions earlier this year, Republicans and conservative groups encourage voting yes on the question, while Democrats and liberal groups support voting no.

Referendum questions are placed on the ballot by state lawmakers, and Republicans hold a majority in the state Legislature. It's a way to put an issue directly to voters, bypassing Democratic Gov. Tony Evers' veto power.

Here's a simplified guide to understanding the referendum question:

What is the referendum changing in the state Constitution?

The state constitution currently reads that "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."

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That means the wording would switch from "every" to "only," and clarify that applies to all elections and referendums, whether local, state or national.

Can noncitizens vote in Wisconsin?

No, it's already illegal for noncitizens to vote in federal or state elections, which includes the Nov. 5 presidential election. But some cities in other states have allowed noncitizens to vote in local elections, like for mayor or school board. Nowhere in Wisconsin allows that.

Republicans who support the referendum want to prevent such a policy from coming to Wisconsin in the future. But Democrats are concerned the question will spur false perceptions that noncitizens vote fraudulently in Wisconsin elections.

Cases of noncitizens attempting to vote are very rare in Wisconsin. The Wisconsin Elections Commission said it has been made aware of only four alleged cases of election fraud related to citizenship since the agency was created in 2015.

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Referendum opponents also note that falsely claiming to be a citizen while registering to vote is a felony, with potential fines or jail time, and immigrants want to avoid acting illegally to prevent deportation.

More: What to know about noncitizen voting and the November referendum question in Wisconsin

What groups have been campaigning about the referendum?

Unlike earlier this year, when the state Democratic and Republican parties were more involved in referendum campaigns, this referendum has been largely overshadowed by the races at the top of the ballot.

A review of Facebook ads shows county Republican and Democratic parties have been encouraging voters to support or oppose the referendum. Republican lawmakers, including U.S. Rep. Bryan Steil, have posted on social media, reminding voters in some cases to "flip your ballot" over and vote on the referendum question on the other side. Republicans have also held press conferences supporting the referendum.

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The League of Women Voters of Wisconsin has been one of the most vocal groups opposing the referendum. The group is one of about 30 voting-rights or liberal-leaning organizations that signed a joint statement supporting a "no" vote, including the American Civil Liberties Union of Wisconsin and Voces de la Frontera.

What other referendum questions have passed this year?

This is the final statewide referendum question posed to Wisconsin voters in 2024.

In April, voters approved two referendum questions that now prevent clerks from using outside funding and resources to run elections. In August, voters rejected referendums that would have limited the governor's ability to spend federal funds.

That represents split outcomes for Republicans, who control the Legislature and placed the questions on the ballot. Experts have found that constitutional amendments are more common when state government is divided.

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More: The number of Wisconsin school referendums this year is up – way up. Here’s why.

This type of referendum is different than referendums for school or local government funding, such as a closely watched property tax referendum in Madison.

This story was updated to add a video.

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin 'eligibility to vote' referendum in 2024 election, explained

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