What to know about the April 2024 Wisconsin statewide ballot questions

The Wisconsin Constitution displayed in the State Capitol rotunda. Photograph by Margo Kirchner.

By Alexandria Staubach

Wisconsin voters in April will see two referendum questions focused on perceived voting issues.

Senate Joint Resolution 78 passed the Legislature in November and will appear on the April 2 ballot as two questions about amending the state constitution. If approved by a majority of voters, the amendments would enshrine in the Wisconsin Constitution bans on private funding for election administration and the involvement of third parties in elections.

The proposed amendments passed the Senate and Assembly along party lines. They passed in two successive legislative sessions as required by the state constitution’s amendment process.

Constitutional amendment resolutions avoid the governor. They go directly from the Legislature to voters for approval. Rather than creating statutes, which can be changed more easily if they cause problems later, the laws become part of the document underlying all of Wisconsin's government and laws.

Republican legislators introduced the resolution in response to grant money supplied by the nonprofit Center for Tech and Civic Life (CTCL) to various election offices around the country during the 2020 election cycle to alleviate the burden of COVID-19 related costs. Mark Zuckerberg, Facebook founder and tech billionaire, supplied more than $400 million to CTCL. As a result, the funds have been referred to as “Zuckerbucks.”

The first question addresses those Zuckerbucks:

“Use of private funds in election administration. Shall section 7 (1) of article III of the constitution be created to provide that private donations and grants may not be applied for, accepted, expended, or used in connection with the conduct of any primary, election, or referendum?”

A “yes” vote will place in the state constitution a prohibition on any level of government in the state applying for or accepting nongovernmental funds or equipment for election administration.

Currently, Wisconsin law does not restrict the Wisconsin Election Commission or municipalities from accepting grants or other private money to facilitate the administration of an election.

The second question addresses the involvement of outside people in elections:

“Election officials. Shall section 7 (2) of article III of the constitution be created to provide that only election officials designated by law may perform tasks in the conduct of primaries, elections, and referendums?”

Sen. Eric Wimberger (R-Green Bay) testified about this proposed amendment to Senate and Assembly committees in October 2023. He stated that a stipulation of the CTCL grant money required third-party oversight from Michael Spitzer-Rubenstein, who then worked for the nonprofit National Vote at Home Institute. According to Wimberger, Rubenstein “orchestrated the fall election and acted as a city clerk would act, though paid by CTCL, including managing staff and having access to ballots.”

Wimberger’s assertion was part of the larger tent of theories undermining Wisconsin’s 2020 election results. It was debunked by Green Bay’s city attorney, who after investigation said the city was “allowed, but not required, to receive advisory services from persons knowledgeable in various areas of election administration” and that although Rubenstein provided “best practice support” he “had no decision-making authority.”
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Rubenstein also provided best-practice support in Milwaukee, Racine, Kenosha, Wauwatosa and West Allis. In at least the case of Green Bay, he was hired directly by the city.

Current statutory law already provides that elections are administered only by “election officials” and defines an election official as “an individual who is charged with any duties relating to the conduct of an election.”

A “yes” vote on question 2 will put the restrictions permitting only election officials designated by law to administer elections into the state constitution.

Elections officials include a municipal clerk, who is responsible for conducting elections in a municipality; a chief election inspector and election inspectors, or poll workers, who staff polling places on election day; election registration officials, who carry out registration duties on election day; special voting deputies, who are appointed by the municipal clerk to carry out absentee voting at qualified retirement homes; greeters, who acknowledge voters and assist in answering questions about the polling place but may not participate in any election inspector duties unless acting as a substitute; and tabulators, who aid election inspectors in counting and tallying votes after polls close. All such election officials are required to take and file an oath and record set amounts of training for every term they serve.