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Wisconsin’s three proposed constitutional changes target vetoes, worship rules and DEI

Voters on Nov. 3 will decide whether to restrict the governor’s partial veto, bar emergency limits on gatherings at places of worship and prohibit certain government policies addressing race and other protected characteristics. Supporters say the measures curb government overreach; critics warn they could constrain public health responses and efforts to address disparities.

Wisconsin’s three proposed constitutional changes target vetoes, worship rules and DEI
Wisconsin voters will consider three proposed amendments to the state Constitution on Nov. 3, weighing changes to the governor’s partial veto power, emergency restrictions on religious gatherings and government policies addressing discrimination and unequal treatment. Republicans backing the measures say they would limit government overreach and protect individual rights. Democrats and other critics argue the amendments could make government less able to respond to emergencies or address persistent disparities. The proposals are on the general election ballot after passing the Legislature in two consecutive sessions, as required for a Wisconsin constitutional amendment to go before voters. **A proposed limit on the governor’s partial veto** One measure would bar the governor from using the partial veto to create or increase a tax or fee. Wisconsin is the only state that gives its governor this power, which allows a governor to strike portions of a bill while signing the rest into law. Republicans advanced the amendment after Democratic Gov. Tony Evers used the power in the 2023-25 state budget to let school districts increase revenue limits by $325 per student each year through 2425. The change followed a veto that altered budget language to extend the increases for 400 years. The Wisconsin Supreme Court upheld Evers’ use of the veto. Evers and Democratic gubernatorial nominee David Crowley oppose the amendment. Republican nominee Tom Tiffany has said he supports limiting the partial veto. **Emergency rules for places of worship** A second amendment would prohibit state and local governments from ordering places of worship closed or forbidding gatherings there during a state of emergency, including a public health emergency. The proposal follows Evers’ March 2020 order, issued during the COVID-19 pandemic, limiting religious gatherings to fewer than 10 people. The Wisconsin Supreme Court struck down the statewide restriction two months later. Dane County subsequently capped religious gatherings at 50 people while the public health emergency continued. Supporters say the amendment would protect religious liberty and the right to assemble. Rep. Ron Tusler, a Republican who sponsored the resolution, told lawmakers that government should not close places of worship during an emergency. Some faith leaders counter that restricting emergency health rules for religious gatherings could put people at risk. Wisconsin recorded more than 2 million reported COVID-19 cases and more than 16,000 deaths from 2020 through March 2023, according to Johns Hopkins University data. “This amendment is giving what I would argue is an unsafe exemption to places of worship,” said Matthew Kendziera, executive director of Wisconsin Faith Voices for Justice. The Wisconsin Council of Churches has not registered support or opposition, but raised questions about putting the policy into the Constitution. Its director, the Rev. Breanna Illéné, also questioned the ballot measure’s use of the term “house of worship,” which it does not define. **Restrictions on government policies related to race and other characteristics** The third amendment would prohibit government entities from discriminating against or granting preferential treatment to individuals or groups based on race, sex, color, ethnicity or national origin in public employment, education, contracting or administration. Republicans have presented the proposal as a way to prohibit discrimination. But state and federal laws already ban discrimination in areas including employment, housing and public accommodations. Critics say the amendment could also make it harder for lawmakers to adopt targeted policies meant to reduce unequal outcomes. Wisconsin Black lawmakers have sought measures to address the state’s large gaps in maternal and infant health. Black infants are nearly three times as likely as white infants to die before age 1, while Black women are close to five times as likely as white women to die from pregnancy-related complications. State Sen. Dora Drake, a Milwaukee Democrat and chair of the Wisconsin Legislative Black Caucus, urged voters to reject the measure, saying it could hinder efforts to change systems that have harmed Black women. Sen. LaTonya Johnson, also a Milwaukee Democrat, said some lawmakers treat policies aimed at reducing disproportionate harm as discriminatory. The three proposals are part of a broader pattern of constitutional amendment efforts during Evers’ two terms. Republicans have pursued amendments as an alternative to policies the Democratic governor could veto through the usual legislative process. Voters approved seven of 12 earlier amendments, according to the report.

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