The upcoming referendum in Wisconsin focuses on the eligibility to vote and proposes a constitutional amendment that could have significant implications for who can legally participate in federal, state, and local elections. The question on the ballot asks voters whether they want to amend Section 1 of Article III of the Wisconsin Constitution to specify that only U.S. citizens aged 18 and older residing in an election district may vote in any election or referendum.

Current Voting Eligibility in Wisconsin

At present, the Wisconsin Constitution states that “Every United States citizen age 18 or older who is a resident of an election district” is qualified to vote. However, it does not explicitly mention who cannot vote, which leaves some ambiguity around non-citizens’ eligibility. This ambiguity has sparked debate, leading to the proposed amendment, which seeks to clarify that only U.S. citizens can vote.

What Does a “Yes” Vote Mean?

A “yes” vote would support the amendment to include additional language in the state constitution that explicitly limits voting to U.S. citizens who are 18 years old or older. This change would also include definitions for various terms such as national office, state office, local office, and referendum. Essentially, this vote would formalize in the state constitution that non-citizens, regardless of residency, are not eligible to vote in federal, state, or local elections, as well as in school elections or referendums.

Proponents of the amendment argue that this measure is necessary to protect the integrity of elections. For instance, Wisconsin does not currently require documentary proof of U.S. citizenship for voter registration—only a state-issued photo ID and proof of residency are required. Critics say this lack of verification could potentially open the door for non-citizens to register and vote, especially since around 90,000 permanent Wisconsin residents who are non-citizens have been issued driver’s licenses or state IDs, according to testimony from Secretary of Transportation Kristina Boardman.

Supporters of the amendment cite concerns about non-citizen voting, particularly when the Wisconsin Department of Transportation (DOT) has refused to share the list of non-citizens holding state-issued IDs with the Wisconsin Elections Commission (WEC), making it harder to verify voter eligibility. They argue that this amendment would prevent any confusion about voter eligibility and safeguard the system from potential fraud.

What Does a “No” Vote Mean?

A “no” vote would maintain the current wording of the Wisconsin Constitution, which defines eligible voters as U.S. citizens aged 18 and older but does not explicitly restrict non-citizen voting. Critics of the proposed amendment argue that it could create unnecessary barriers to voting or falsely suggest that non-citizen voting is a widespread problem.

Opponents of the referendum include several organizations, such as the League of Women Voters of Wisconsin and the Wisconsin Democracy Campaign. They argue that the amendment could be misleading and could unnecessarily restrict citizens’ voting rights. These groups are working to convince voters that the existing system already effectively ensures that only eligible citizens can vote, without the need for additional constitutional amendments.

Non-Citizen Voting in Other States

Non-citizen voting is not a new issue in the U.S., and various states and municipalities have taken different approaches. For instance, as of 2023, 16 municipalities in the country allowed non-citizens to vote in certain local elections. Most of these municipalities are located in Maryland, Vermont, and California. In contrast, several states, including Alabama, Arizona, Colorado, and Florida, have passed constitutional amendments that explicitly state only U.S. citizens can vote.

Wisconsin is among several states proposing similar amendments in 2024, joining the ranks of Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, and South Carolina. This national trend indicates growing concerns among some lawmakers and voters about clarifying voter eligibility and preventing potential voter fraud.

Key Data Points on Non-Citizen Voting Concerns

Several studies and audits from other states have shown instances where non-citizens have registered to vote or cast ballots in elections. For example, in August 2024, an audit in Ohio revealed that 499 individuals were registered to vote but were not U.S. citizens. Similar findings occurred in Texas, Arizona, and Virginia, where thousands of non-citizens were removed from voter rolls or identified as having cast ballots.

A nonpartisan study conducted in 2014 found that 6.4% of non-citizens voted in the 2008 elections. If this percentage were to hold true for the 2024 elections, it could result in over 1.5 million unlawful votes nationwide, a figure that could influence election outcomes in certain states.

Conclusion

As Wisconsin voters head to the polls, the decision on this referendum comes down to a question of clarity and voter eligibility. A “yes” vote supports an amendment that would explicitly limit voting rights to U.S. citizens, while a “no” vote would maintain the current constitutional language. The debate reflects broader national conversations about voter eligibility, election security, and the rights of residents versus citizens.