The Legislature's three Proposed changes to the Wisconsin Constitution: an overview

By Alexandria Staubach
 
Wisconsin Justice Initiative is providing an in-depth look at the constitutional amendments Wisconsin voters will see on their Nov. 3 ballots. This is part two in a series, providing the full text of each ballot question and each proposed amendment as well as the effect the amendment has on the document’s current wording.

Part one in the series provides guidelines for evaluating any proposed state constitutional amendment.
 
A deep dive into each proposed amendment, covering the amendment’s history, sponsors, and analysis, will follow, so stay tuned.
 
If you need to register to vote you can do so here. If you want to see your sample ballot, you can do so here. To see who represents you in state government, visit this website.
 
A constitutional amendment has the power to add something new to the constitution, subtract from something already in the document, or modify the document.

This year, each amendment consists of an addition to the constitution in some form. We note the precise changes below. To dig into the legislative history, click on the "AJR" or "SJR" link.
 
AJR 102: – Anti-equity amendment
 
The ballot question
“Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”
 
Effect on Wisconsin Constitution
Adds a new section to article I of the Wisconsin Constitution, which is Wisconsin’s Declaration of Rights. The amendment arguably would modify § 1, which currently states: “All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.”
 
Full text of the addition to the constitution
[Article I] Section 27 (1) In this section, “governmental entity” means the state, its political subdivisions including municipalities, the University of Wisconsin System, the Technical College System, any public college or university, any public school district, and any office, department, independent agency, board, commission, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
 
(2) A governmental entity may not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.
 
(3) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the governmental entity.
 
(4) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, public contracting, or public administration.
 
(5) If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision of this section held invalid shall be severable from the remaining portions of this section.
 
SJR 116: Amendment to restrict the governor’s partial veto
 
The question
Shall section 10 (1) (c) of article V of the constitution be amended to prohibit the governor, in exercising his or her partial veto authority, from creating or increasing or authorizing the creation or increase of any tax or fee?”
 
Effect on Wisconsin Constitution
Adds to current language found in article V, § 10, which outlines the power of the governor to approve or veto bills, to reduce the governor’s partial veto power.
 
Full text of the proposed addition to the Constitution (changes in red)
[Article V] Section 10 (1) (c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill, and may not create a new sentence by combining parts of 2 or more sentences of the enrolled bill, and may not create or increase or authorize the creation or increase of any tax or fee.
 
AJR 10: Amendment banning closure of places of worship during states of emergency
 
The question
“Shall section 18 of article I of the constitution, which deals with religious liberty, be amended to prohibit the state or a political subdivision of the state from ordering the closure of, or forbidding gatherings in, places of worship in response to a state of emergency, including a public health emergency?”
 
Effect on Constitution
Adds to current language found in article I, § 18, governing the declaration of rights regarding religious worship, to prohibit any government from banning group gatherings in places of worship during national, state, and local emergencies.
 
Full text of the addition to the Constitution (changes in red)
[Article I] Section 18. The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries; nor shall the state or a political subdivision of the state order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.

Next in the series: an in-depth look at the proposed partial-veto amendment.