Elections

'Every' or 'only' citizen voters in Wisconsin's Constitution

Voters across the state will decide on a proposed amendment to the Wisconsin Constitution to change wording on voter eligibility of U.S. citizens from "every" to "only" on the November 2024 ballot.

By Nathan Denzin | Here & Now

October 24, 2024

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Voters in Wisconsin will encounter yet another constitutional amendment on their ballot in November — the fifth in 2024.

The Wisconsin Constitution states that every U.S. citizen 18 and older can vote in an election. But an amendment on November’s ballot seeks to change that language from “every” U.S. citizen to “only” U.S. citizens.

Republican backers say the change is needed because cities in California, New York and Vermont have allowed non-U.S. citizens to vote in local elections like school board races.

“Remember, that perception can in and of itself call into question the integrity of elections. We don’t want that,” said Dodge County Sheriff Dale Schmidt, a Republican, at a July press conference.

Similar amendments are being voted on in seven other states, including neighboring Iowa.

While Wisconsin law doesn’t explicitly bar non-citizens from voting in local elections, no local government in the state has ever allowed it. Federal law already makes it illegal for noncitizens to vote for the U.S. House, U.S. Senate and president.

When voters register, they must attest to their citizenship under penalty of perjury and possible deportation. But, Wisconsin law does not provide any process that systematically verifies citizenship.

“We wanna make sure that it’s easy to vote, but hard to cheat,” said U.S. Rep. Tom Tiffany, R-Minocqua.

Opponents of the amendment say it’s a precursor to verify citizenship in future elections. That practice has been declared unconstitutional in other states, as it could disqualify the elderly or legal immigrants who lack a birth certificate.

They also fear that the referendum will be used to establish the trope that migrants are voting in large numbers, despite the fact that it rarely happens.

The Wisconsin Elections Commission has found just three cases of non-citizens who have been referred for prosecution for voting illegally since 2019, mostly for misunderstanding their eligibility.


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