Statewide referendum question asks April 1 whether voter ID should be part of state constitution
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By LeAnn R. Ralph
COLFAX — Voters in Wisconsin will be asked on April 1 to vote on whether a requirement for photographic identification of voters should be added to the Wisconsin Constitution.
Wisconsin already has a state law requiring photographic identification in order to vote that is described as one of the strictest laws in the United States.
The question voters will see on the ballot is “Photographic identification for voting. Shall section 1m of article III of the constitution be created to require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law?”
The proposed text that would be added to the Wisconsin Constitution reads as follows: “Section 1m of article III of the constitution is created to read: [Article III] Section 1m (1) No qualified elector may cast a ballot in any election unless the elector presents valid photographic identification that verifies the elector’s identity and that is issued by this state, the federal government, a federally recognized American Indian tribe or band in this state, or a college or university in this state. The legislature shall by law establish acceptable forms of photographic identification, and the legislature may by law establish exceptions to the requirement under this subsection.
(2) A qualified elector who is unable to present valid photographic identification on election day shall be permitted to cast a provisional ballot. A provisional ballot may not be counted unless the elector presents valid photographic identification at a later time and place as provided by the legislature by law.”
Background
The Republican-controlled Wisconsin Legislature enacted a strict voter ID requirement in 2011.
If voters do not have an ID that is acceptable to present at the polling place, voters are allowed to vote by provisional ballot.
In order for the provisional ballot votes to count, voters must then present an acceptable ID to election officials by 4 p.m. the Friday after election day.
The voter ID law faced a number of lawsuits, but it ultimately survived the legal challenges and went into effect in 2016.
The reason that Republican legislators are seeking to add voter ID to the constitution is because they are concerned that challenges to the law might be upheld by the Wisconsin Supreme Court, according to an article published by the University of Wisconsin Law School’s State Democracy Research Initiative published February 24, 2025.
Impact
The proposed amendment to the Wisconsin Constitution would not change the current requirements of the current voter ID law in Wisconsin, according to the State Democracy Research Initiative article.
If the amendment is approved by voters, however, it would make it more difficult for the courts or a future legislature to reduce or change the existing requirements, the article states.
In addition, a constitutional amendment would make courts more likely to overturn any state statute that says voters are not required to provide voter ID rather than statutes that require a voter ID, according to the State Democracy Research Initiative article.
Making photo ID part of the Wisconsin Constitution also would prevent future legislatures from repealing the existing law, and the only way to change it would be through another amendment to the Wisconsin Constitution, the article states.
In Wisconsin, amendments to the state constitution must pass the Legislature in two successive legislative sessions and then be approved by voters in a state-wide referendum in order to go into effect.
The State Democracy Research Initiative Article notes that when state legislatures and state governors are members of opposing political parties, it is often easier to change the state constitution than it is to pass legislation.
Debate
Discussions about whether photo IDs should be a requirement included in the Wisconsin Constitution reflect discussions about whether the photo ID requirement should exist to begin with, according to the State Democracy Research Initiative article.
Those who are in favor of photo ID for elections say the requirements improve the security of elections and increase public confidence in election security.
Those who are not in favor say that photo ID requirements make elections less fair by erecting barriers to voting that unfairly impact older voters, voters with disabilities, rural voters, people of color and people living in communities considered to be low income, the article states.
Nationwide
The National Conference of State Legislatures reports that 36 states have laws requiring voter ID for in-person voting, according to the State Democracy Research Initiative article.
Wisconsin is among nine states described as having strict voter ID laws while the remaining 27 states have more flexibility concerning identification or allow non-photo identification.
Only a few of the 36 states have added voter ID to their state constitutions, the article states.
Voters in Arkansas in 2018, Mississippi in 2011, Nebraska in 2022 and North Carolina in 2018 approved adding voter ID to the state constitution.
Nevada voters approved adding voter ID to the constitution in 2024 but must approve the measure again in 2026 before it can go into effect, according to the article from the State Democracy Research Initiative.
Minnesota voters in 2012 rejected the voter ID amendment to the Minnesota Constitution, and in 2022, Michigan voters adopted a constitutional amendment that prohibits legislators from approving a strict voter ID requirement, the article states.
The Michigan Constitution allows voters to provide an affidavit that verifies their identity and then allows them to cast a regular ballot, according to the article.
