MADISON, Wis. — The Republican majority in the Wisconsin Legislature is swiftly advancing a proposal to include the state’s stringent voter ID requirements in the state constitution, aiming to present it to voters on the April ballot.
This constitutional amendment could complicate efforts by Democrats to amend or eliminate the 14-year-old law through legislative or judicial means. Other states have initiated similar actions recently, with Mississippi and North Carolina approving such measures in previous years, while Minnesota voters declined the proposal back in 2012.
The voter ID amendment is the first significant proposal under consideration in this year’s legislative session, which commenced on Monday. A public hearing took place Tuesday, with the Senate anticipated to vote on the measure Wednesday, followed by the Assembly’s final approval next week.
Democrats voiced their frustrations on Tuesday, alleging that Republicans are hastily moving to solidify a law that they believe hinders voting access. “I’m irritated,” remarked Democratic Sen. LaTonya Johnson during the hearing, which occurred within 24 hours of lawmakers being sworn in. “There are definitely more pressing matters than this.”
Johnson pointed out that this proposal follows a tragic school shooting located only about six miles away from the state Capitol, emphasizing that it overshadowed critical discussions around gun control in the wake of the incident, which resulted in the loss of lives.
To enact a constitutional amendment, it must be approved by the Legislature in two consecutive sessions and then be voted on by citizens. The current Legislature had endorsed the voter ID proposal previously and must reconfirm it by January 21 to appear on the April ballot for public voting.
The upcoming April election is also crucial as it could determine the future control of the state Supreme Court. An open seat will be contested, ultimately influencing whether the liberal faction retains its grip for at least three more years. The Democratic candidate, Dane County Circuit Judge Susan Crawford, was notably involved in a lawsuit challenging the voter ID law back in 2011.
Republican Sen. Van Wanggaard, who is the primary advocate of the measure, expressed his concerns regarding the potential for the law to be invalidated by the state Supreme Court and conveyed his unwillingness to take that risk.
Currently, there are no active legal challenges to the voter ID law; however, the state Supreme Court has previously favored Democrats in significant rulings, such as overturning Republican-drawn legislative maps and striking down a prohibition on absentee ballot drop boxes.
“We can expect that a new lawsuit addressing its constitutionality will be forthcoming,” Wanggaard asserted.
By embedding the voter ID requirement in the constitution, it would present greater challenges for a future Democratic-dominated Legislature to modify it compared to adjusting a state law.
Democrats, who have persistently opposed the voter ID measure, gained seats in the Legislature during the November elections due to newly drawn maps that are more favorable to them, setting their sights on regaining control of at least the state Senate within the next two years.
The potential for a Democratic resurgence has prompted Republicans to initiate various constitutional amendments designed to safeguard their legislation. They had introduced five such amendments for voter consideration last year, marking the highest number since 1982, with four additional amendments potentially slated for the ballot in the upcoming two years.
Democratic Gov. Tony Evers has suggested the idea of allowing voters to directly propose constitutional amendments and other initiatives bypassing the Legislature, though Republican leaders have indicated they would oppose such measures.
Public surveys have consistently shown strong support for the voter ID law, despite opposition from Democrats and advocacy groups arguing that it disproportionately affects elderly voters and those without proper identification.
Should the amendment pass, lawmakers would still retain the authority to determine which types of photo IDs can be used. Voters lacking a photo ID would continue to be able to submit provisional ballots, which will be counted provided they return with acceptable identification.
Wisconsin’s law was enacted in 2011 as one of the first actions by Republicans after they took control from Democrats in the aftermath of the 2010 elections. The state is one of nine nationally that mandates voters present a photo ID, marking it as one of the strictest regulations in the United States, according to the National Conference of State Legislatures. A total of 36 states have implemented laws requiring or inviting voters to show some form of identification when casting their votes.
Since its enactment, Wisconsin’s voter ID law has faced numerous legal challenges but has withstood these contests thus far.