Constitutional Question on Your November Ballot
Should non-citizens be able to vote in our elections? 

I recently received my absentee ballot for the November 5, 2024 election and there is a State of Wisconsin Referendum Question on the ballot. Before you cast your vote, I thought I would share more information with you to help you make a decision about this vote.
 
This question relates to voter eligibility and asks if only United States (U.S.) citizens should be allowed to vote in our elections. Currently, the Wisconsin Constitution says that every U.S. citizen who is 18 or older who is a resident of Wisconsin can vote in our elections. This language clearly protects the rights of U.S. citizens to vote in Wisconsin. However, because the Constitution uses the word “every” instead of “only”, non-citizens, whether they are here legally or illegally, are not explicitly prohibited from voting. 

While non-citizens are prohibited from voting in federal elections, such as for President or U.S. Senate, federal law does not explicitly prohibit non-citizens from voting in state or local elections. Instead, it leaves the decision up to state and local governments. Under Wisconsin law, non-citizens are currently prohibited from voting in state and local elections, but that law could be changed by the legislature in the future.

You get to decide. Do you think only U.S. citizens should be allowed to vote in our elections?

Official Question #1: “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?”

Translation of Question #1: Do you think that it should be made clear in the Wisconsin Constitution that only U.S. citizens should be able to vote in our elections? 

Vote YES – if you want to ensure that non-U.S. citizens cannot vote in our elections. 

Vote NO – if you are OK with non-citizens, including people in the U.S. illegally, being able to help determine who represents you.  

This is not a solution in search of a problem. Currently, at least three states allow non-citizen voting in some local elections. For example, the Maryland State Constitution uses similar language to Wisconsin to describe who can vote by also using the word “every” instead of “only”. As a result, at least 10 municipalities in Maryland allow non-citizens to vote in local elections.  

As of today, seven other states have prohibited non-citizens from voting in their elections through constitutional amendments. For example, Colorado’s constitutional amendment passed with 62.9% support and Florida’s passed with nearly 80% support. In addition to Wisconsin, seven other states have ballot measures in 2024 to explicitly prohibit non-citizen voting. 

If passed, the current processes and practices for determining voting eligibility and registering to vote would remain the same. In Wisconsin, there is no “proof of citizenship” requirement to vote and that will not change. Instead, voters must attest they are citizens. Falsely registering to vote is already illegal under current law. This constitutional amendment will strengthen Wisconsin’s laws and ensure your rights as a U.S. citizen are protected. 

I hope this information is helpful as you prepare to cast your vote. As always, please do not hesitate to connect with me to provide input, ideas, or to seek assistance. Send an email to [email protected] or call 608-266-0703. I want to hear from you.