Proposed constitutional amendment would restrict Wisconsin voting to citizens

On Tuesday voters across Wisconsin will cast ballots on a constitutional amendment that would restrict voting in the state to U.S. citizens, with supporters and opponents lining up on both sides of the question.

Specifically, the ballot question asks: “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?”

Known as the State of Wisconsin Eligibility to Vote Referendum, the amendment changes the language in the constitution from “every” United States citizen to “only a” United States citizen.

The actual current language: “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 proposed language with differences italicized: 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 who may vote in an election for national, state, or local office or at a statewide or local referendum.

While many presume that only citizens are allowed to vote now, supporters of the amendment argue that the actual current language does not specifically prohibit noncitizens from also being considered eligible voters, that is to say, it includes every citizen and says nothing about noncitizens. Omission does not necessarily mean exclusion, referendum supporters say.

Conservatives and Republicans are supporting the ballot measure, saying it is critically important to preserve election integrity. 

In addition to restricting voting to U.S. citizens, the amendment would also add definitions for local office, national office, referendum, and state office in the state constitution.

Activists say there are nearly 90,000 permanent Wisconsin residents who are not U.S. citizens who have been issued either a driver’s license or state ID, and neither of those have a disclaimer that the ID holder is not a citizen, making it easy for noncitizens to cast ballots.

In addition, proponents assert that Wisconsin does not require documentary proof of citizenship to register to vote, with only a state issued photo ID and proof of residency required. 

Conservatives also allege that DOT secretary Kristina Boardman refuses to provide the Wisconsin Elections Commission (WEC) with the Department of Motor Vehicle list of non-citizens bearing state issued IDs so that WEC can remove them from the voter rolls. 

That list has become the subject of a lawsuit, with Boardman saying she doesn’t have legal authority to share non-citizen data with the WEC. The state also argues that the lists are outdated and could disenfranchise eligible voters.

Finally, proponents cite a study by the research institute Just Facts, which found that between 10 percent and 27 percent of non-citizen adults in the U.S. are now illegally registered to vote. 

“The U.S. Census recorded more than 19 million adult non-citizens living in the U.S. during 2022,” the study overview stated. “Given their voter registration rates, this means that about two million to five million of them are illegally registered to vote. These figures are potentially high enough to overturn the will of the American people in major elections, including congressional seats and the presidency.”

Opponents of the amendment, such as the ACLU of Wisconsin, say the amendment is unnecessary because there are no elections in Wisconsin in which non-citizens can vote.

“Persons registering to vote in Wisconsin must certify that they are citizens and acknowledge that they may be prosecuted for providing false information,” the ACLU states. “Despite those prohibitions, politicians in Wisconsin have been raising the specter that non-citizens could be voting in large numbers in the state and urging that steps must be taken to prevent it.”

The claim that noncitizens are illegally voting in elections in Wisconsin or elsewhere in the United States is a myth, the ACLU asserts. 

“Reviews of past elections show that instances of noncitizens voting in the state are exceedingly rare,” the group states.

An analysis by Wisconsin Watch and information from the WEC revealed only four substantiated and prosecuted instances of noncitizen voting between 2012 and 2023 out of more than 31 million votes cast during that period, the ACLU argued.

“Most cases involved people who misunderstood their eligibility to vote,” the group states.

The ACLU also says using DOT lists to purge voter rolls will disenfranchise voters who have since become naturalized citizens.

“Although the DMV has a record of citizenship status when the driver’s license or state ID is issued, the DMV has no way of knowing if someone recently became a citizen and is now eligible to vote,” the ACLU states. “If the DMV lists are used, hundreds or thousands of Wisconsin’s newest citizens might be wrongly declared ineligible to vote in the election.”  

The League of Women Voters (LWV) danced around whether the current constitutional language could be interpreted to allow noncitizens to vote.

“No matter where we were born or what language we speak, all eligible Wisconsin voters are afforded the right to cast a ballot and make their voice heard,” the LWV states. 

However, others argue that courts could interpret “eligible voters” as including noncitizens.

Groups opposing the language change, besides the ACLU and LWV, include AAUW Wisconsin, Citizen Action of Wisconsin, Blacks for Political & Social Action of Dane Co., Wisconsin Conservation Voters, Wisconsin Council of Churches, Wisconsin Democracy Campaign, Progress North, and Wisconsin Legislative Socialists.

Supporters of the amendment include Wisconsin Manufacturers and Commerce and the Badger Institute, a conservative think tank.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.