Wisconsin has moved to elevate its photo identification requirement for voting from a mere state statute to a proposed constitutional amendment, following approval in the Republican-majority Assembly with no backing from Democrats.
This proposed amendment is set to appear on the ballot for voter decision on April 1. Should voters endorse the amendment, it will lead to changes in the state constitution. However, regardless of the outcome, the existing photo ID requirement—implemented in 2011—will remain intact.
Republicans argue that polls in Wisconsin indicate significant public support for the voter ID laws and describe the amendment as a measure to enhance electoral security and safeguard the law from potential judicial challenges.
Conversely, Democrats contend that such ID requirements are often inconsistently applied, disproportionately impacting marginalized groups, including people of color, individuals with disabilities, and low-income residents. They advocate for legislative focus on issues like gun control, access to clean water, affordable housing, and improved child care options.
If the amendment is approved by voters, it will complicate any future efforts by a Democrat-controlled legislature to modify a law they have historically opposed. Amending the constitution requires consent in two consecutive legislative sessions, followed by approval from the electorate.
Currently, Wisconsin is among the nine states that require voters to present a photo ID to cast their ballot, and it boasts the most stringent requirements nationally, as noted by the National Conference of State Legislatures. In total, 36 states mandate some form of identification at polling stations.
Several states have sought to embed voter ID measures within their constitutions in recent years, achieving varying degrees of success. Mississippi secured voter approval for its requirement in 2011, while North Carolina followed suit in 2018, although Minnesota voters rejected a similar amendment in 2012.
The original voter ID law in Wisconsin was enacted by a Republican-controlled legislature in 2011 and saw initial implementation in 2012. However, this was short-lived due to judicial interventions that temporarily halted its enforcement until 2016, after which the courts allowed it to take full effect.
This year marked the first time that the proposal to constitutionalize the voter ID requirement received legislative approval, following a party-line vote in the state Senate last week, where all Republicans supported it while Democrats opposed. The Assembly’s final approval on Tuesday also followed the same partisan lines, paving the way for the measure to be placed on the ballot.
The upcoming vote will represent the sixth item put forward by the Legislature over the previous year. By framing the issue as a constitutional amendment, lawmakers hope to bypass potential vetoes from the Democratic Governor, Tony Evers. This month, Evers proposed enabling citizens to initiate referendums for placing measures on the ballot, which has faced resistance from Republicans.
Evers emphasized that if Republican lawmakers persist in bypassing public sentiment through constitutional amendments, they should empower Wisconsin citizens to determine policies directly at the ballot box.
The Legislature is acting with urgency to meet a January 21 deadline for the amendment to be included in the ballot for April 1.
Additionally, the April election will be pivotal for control of the state Supreme Court, with a race for an open seat that could allow liberal candidates to maintain a three-year majority. The Democratic candidate, Judge Susan Crawford of Dane County Circuit, previously challenged the voter ID law in a lawsuit from 2011.
Currently, there are no ongoing legal disputes concerning the voter ID laws. Even if the proposed amendment gains voter approval, lawmakers will retain the authority to specify which forms of photo IDs are acceptable. Voters lacking a photo ID will still have the option to cast a provisional ballot, a practice currently in place, with votes counted if they return with identification later.
