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Saturday, December 21, 2024
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Students vote in the general election on November 5, 2024.

Voter noncitizen referendum will have little effect in Wisconsin, but restricts suffrage expansion

The statewide referendum, approved by voters on Nov. 5, changes the language in a section of the state constitution to clarify that only U.S. citizens may vote in Wisconsin elections.

Wisconsin voters approved a statewide referendum question to change the state constitution’s language regarding voting in Wisconsin’s elections. 

About 70% voted yes to change “every United States citizen age 18 or older” may vote to “only a United States citizen age 18 or older” may vote. This policy, proposed by Wisconsin Republicans, aims to prevent Wisconsin noncitizens from voting in the future and clarify that the law applies to all elections and referendums, whether local, state or national. 

Democrats and suffrage groups have criticized the referendum’s wording for being exclusionary. Molly Carmichael, the communications manager for the nonpartisan League of Women Voters of Wisconsin, told The Daily Cardinal the original wording of the state constitution “was more inclusive of all eligible voters, and now the language is more exclusive.”

“We felt that this was harmful for voting rights,” Carmichael said. “It could create barriers down the line.”

Americans for Citizen Voting, an organization that aims to prevent noncitizens from voting in local elections, led the national effort to promote this referendum. Without the specificity of “only U.S. citizens can vote” in a state’s constitution, the possibility of noncitizens voting legally exists, according to Americans for Citizen Voting

Federal law prevents noncitizens from voting in federal elections, but cities in some states allow noncitizens to vote locally for races such as school boards. 

Nowhere in Wisconsin permits noncitizen voting in local elections. As a result, the amendment will have little immediate effect in the state. 

“I think the people who wanted this to pass did it in part because they wanted to restrict municipalities from controlling their own elections when it comes to expanding suffrage,” Carmichael said. “With over 1,800 municipalities across the state, it kind of took away the ability for municipalities to expand who might be able to vote.”

This marks the fifth time this year that voters were asked whether the constitution should be amended. In April, Wisconsin voters approved the first two provisions to prohibit private funding for election administration and to limit who administers elections. However, in August, voters rejected two provisions that would require legislative approval for state expenditures of federal funds and prohibit the Legislature from delegating its power to determine how to spend certain federal funds. 

Carmichael said the referendum was worded in a way that confused voters and the implications were ambiguous. It could also lead to assumptions that noncitizens are commonly committing fraud in elections, which is not the case, she said.

“If we think it's something that will create more barriers, that's harmful to voters, that could disenfranchise people, we’re always going to take a stand against it,” Carmichael said.

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