Assembly Republicans speaking about the voter ID constitutional amendment proposal at a press conference Tuesday. Photo by Baylor Spears/Wisconsin Examiner
The Wisconsin State Assembly passed a proposal Tuesday that could enshrine voter ID requirements in the state constitution if the majority of Wisconsin voters support it. The passage sets it up to go to Wisconsin voters in April — on the same ballot as a consequential election for the state Supreme Court.
The proposal passed 54 to 45 along party lines, with Republicans voting in favor and Democrats against. It was first introduced last week and quickly received public hearings before being passed by the Senate.
Rep. Patrick Snyder (R-Weston) said during a press conference ahead of the session that he authored the proposal to “ensure that the people of Wisconsin have full confidence in the security and integrity of Wisconsin elections.” He noted that voter ID tends to poll well.
Rep. Scott Krug (R-Nekoosa) said that there are “plenty of reasons” to pass the proposal, including being able to get it to the voters for the next available election in April. Wisconsin doesn’t have fall elections this year, so the next opportunity after that would be in 2026.
According to the proposal, the question will be asked to voters as follows: “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?”
Wisconsin is one of nine states in the U.S. that already have a strict voter ID requirement. However, lawmakers are taking the additional step of attempting to enshrine it in the state constitution for fear the Wisconsin Supreme Court could overturn the existing law.
The Wisconsin Supreme Court has had a liberal majority since August 2023, and the Court may soon consider overturning other laws including Act 10, which ended collective bargaining rights for most public employees, and a challenge to an 1849 law that has been interpreted as a felony ban on abortion after the U.S. Supreme Court overturned Roe v. Wade.
Rep. Dan Knodl (R-Germantown) said during floor debate that lawmakers “have been getting lawsuited out of relevance” and that they must “resist our laws becoming lawsuits.”
“We are the lawmaking body in the state of Wisconsin,” Knodl said.
With Justice Ann Walsh Bradley retiring at the end of her term this year, a seat on the Wisconsin Supreme Court is up for grabs and puts the ideological balance of the Court in play. Judge Susan Crawford and Brad Schimel, a former attorney general, are running for the seat.
Democrats accused Republicans of wanting the voter ID measure on the ballot because of the Supreme Court race, and were critical, saying there are other priorities that lawmakers could be acting on.
“I’m disappointed that the majority has decided to make this the very first piece of policy that the Assembly takes up this session,” Assembly Minority Greta Neubauer (D-Racine) said. “It is a transparent effort to preserve power for one party and to give an advantage at the ballot box in April.”
Neubauer said the amendment was to the “detriment” of voters “who have a more difficult time, obtaining an ID and casting their ballot.”
“We know that voter ID laws are frequently enforced in a discriminatory manner and that they disproportionately impact people of color, those with disabilities and people living in rural communities,” Neubauer said.
Rep. Christine Sinicki (D-Milwaukee) said the proposal is about using the constitutions to “take away the rights of people” and that there are people in her community who can’t get an ID.
“This is about voter suppression,” Sinicki said.
Republicans pushed back on the arguments, saying voter ID laws don’t infringe on people’s ability to cast their ballots and that the proposal was ready to go.
Assembly Speaker Robin Vos (R-Rochester) pointed out that “zero bills” have been introduced by the Democrats so far this session in response to the accusations that Republicans were taking action on the wrong issue.
Chair of the Assembly Campaigns and Elections Committee Rep. Dave Maxey said there has been an evolution of identification throughout history and said voter ID was just one step.
“Who knows? One day, we might have microchips planted in our arms to prove who we are. I’m not advocating for that future this year… In Wisconsin, voter ID requirements are already helping to save our elections, but enshrining these laws into our constitution would further affirm our commitment to election integrity.” He said the amendment will “preserve these protections for generations to come.”
Rep. Amanda Nedweski (R-Pleasant Prairie) argued that voters don’t face significant obstacles to voting due to the voter ID laws, and pointed to Wisconsin’s voter turnout rates as proof. About 73% of Wisconsin voters cast ballots in the 2024 November elections.
“This is about making sure that a rogue Court cannot strike down a common sense law that is supported by over 80% of Americans from across the political spectrum, so rather than trying to scare Wisconsinites with outlandish claims of voter suppression, and rather than assuming that Wisconsin voters are not smart enough to obtain an ID, I encourage our colleagues… to actually look at the data.” Nedweski said.
In response to the Assembly floor session, Gov. Tony Evers repeated his recent pitch to lawmakers to allow the voters themselves to place constitutional amendments on the ballot.
“Poll after poll has shown Wisconsinites support common sense policies like protecting reproductive freedom, expanding BadgerCare, legalizing marijuana and gun safety reforms, among other critical efforts. Republicans have repeatedly rejected those policies, often with no deliberation, debate, or vote. That’s wrong,” Evers said. “If Republican lawmakers are going to continue ignoring the will of the people and legislating by constitutional amendment, then they should give the people of Wisconsin the power to pass the policies they want to see at the ballot box.”
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