Senate GOP passes constitutional amendments on voting that could soon require the public to weigh in

MADISON – The state Senate approved several voting and elections measures along party lines Tuesday that would make changes to the state Constitution and therefore require voters to weigh in during upcoming elections.

Constitutional amendments have to get the approval of two successive legislatures and then be ratified by voters to go into effect. Some of the proposals have previously been bills Democratic Gov. Tony Evers vetoed.

Two of the four proposals approved Tuesday are on the second round, meaning they could appear on voters' ballots during the presidential primary in April and the general election in November.

One of the proposals originates from Republicans' longstanding scrutiny of private grants that helped municipalities run elections during the pandemic.

"Promoting turnout in targeted regions can change results across the state," said Sen. Eric Wimberger, R-Green Bay, noting that recent presidential elections have been decided by around 20,000 votes.

Others stem from instances of non-citizens trying to vote in elections and the potential that the state Supreme Court's new liberal majority could rule on voting issues.

Senate Minority Leader Melissa Agard, D-Madison, said Republicans were moving the proposals forward "as an attempt to appease the extreme MAGA base by enshrining what already exists in state law and our Wisconsin Constitution."

"It's almost 2024, and it's clear that the GOP in Wisconsin in this Capitol is stuck in 2020," Agard said.

The Assembly is also expected to vote on the constitutional amendments Thursday, along with over a dozen other bills that would make various changes to voting absentee, being an election observer and other procedures.

Private grants and citizenship requirements could appear before voters next year

One of the constitutional amendments would prohibit state agencies and local governments from using private grant money to help administer elections.

Wimberger said Evers' veto of a bill with the same provision was "why we're here doing this constitutional amendment." Voters could weigh in on the issue on the April 2024 ballot.

Republicans have long opposed grants from the Center for Tech and Civic Life, financed by Facebook founder Mark Zuckerberg and his wife, which were largely distributed to Wisconsin's five largest cities that lean Democratic to help them administer elections safely during the COVID-19 pandemic.

"The fact of the matter is that our state does not always give our clerks the resources they need to be successful," Sen. Mark Spreitzer, D-Beloit, said. "Private grants never would have been needed in the first place if the Legislature did its job."

Another measure would clarify that only U.S. citizens are eligible to vote in Wisconsin. Currently, the state Constitution is written to allow "every U.S. citizen" 18 and older to vote. That question could be posed to voters in November 2024.

Another bill approved by all Republicans and no Democrats would require the state Department of Transportation to give WEC access to databases and verify that voters are U.S. citizens as soon as possible. It would also require licenses or identification issued by DOT to non-citizens to indicate the cards cannot be used for voting.

In an October joint hearing for the amendments, Sen. Dan Knodl, R-Germantown, referenced a Ukrainian woman who was charged with election fraud after voting in a local school board election. Election fraud is exceedingly rare in Wisconsin, though there has been bipartisan movement to address some loopholes, including for military absentee ballots.

Republicans want to put voter ID laws in the Constitution to avoid liberal undoing

Another measure, which would enshrine state voter identification laws in the state Constitution, would have to pass the next Legislature before it goes to voters for approval. The measure would not prevent new exceptions or change the ability of voters who arrive without an ID to cast a provisional ballot.

Republicans acknowledged at the joint hearing that if Democrats gained a majority in the Legislature, they would likely quickly reverse the ID laws. They said the state Supreme Court, now under liberal control, could declare the laws unconstitutional if presented with a case challenging them.

"I cannot say for certain how the Wisconsin Supreme Court would rule on voter ID laws, but I'm also not willing to risk the Wisconsin Supreme Court declaring voter ID laws unconstitutional," Sen. Van Wanggaard, R-Racine, said at the hearing.

Vetoed pandemic bill gets considered as amendment

Lawmakers also voted along party lines on a proposal that would prohibit Wisconsin officials and local governments from closing or restricting attendance at places of worship during a state of emergency, a response to backlash against church closures during the early days of the pandemic.

Evers vetoed a bill in 2021 that also would have done the same thing, arguing it would take away public health officials' ability to contain COVID-19. But if the next Legislature approves the constitutional amendment, the proposal could go to voters to ratify or reject.

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This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Senate advances constitutional changes on voting