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UNDERSTANDING THE REFERENDUM QUESTIONS ON THE MIDTERM ELECTION BALLOT - Printable Version

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UNDERSTANDING THE REFERENDUM QUESTIONS ON THE MIDTERM ELECTION BALLOT - My Northern Wisconsin - 10-28-2026

   

The midterm election is Tuesday, November 3, 2026.

In Wisconsin, there are three statewide ballot measures.  The first question deals with state executive powers, the second question has to do with religion and constitutional rights, and the third question is about affirmative action and constitutional rights.

QUESTION 1:  “Partial veto.  Shall section 10 (1) © of article V of the constitution be amended to prohibit the governor, in exercising his or her partial veto authority, from creating or increasing or authorizing the creation or increase of any tax or fee?”

A "yes" vote would prohibit the governor from using the partial veto to create or increase any tax or fee when signing a bill.  A "no" vote would keep the language as it is.

Article V, Section 10(1)© currently states:

In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill, and may not create a new sentence by combining parts of 2 or more sentences of the enrolled bill.

If it passes with a "yes" vote, it would be amended to state:

In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill, may not create a new sentence by combining parts of 2 or more sentences of the enrolled bill, and may not create or increase or authorize the creation or increase of any tax or fee.

QUESTION 2:  "Freedom to gather in places of worship during an emergency.  Shall section 18 of article I of the constitution, which deals with religious liberty, be amended to prohibit the state or a political subdivision of the state from ordering the closure of, or forbidding gatherings in, places of worship in response to a state of emergency, including a public health emergency?"

Currently, the governor has the power to issue an executive order declaring a state of emergency for a disaster, imminent threat of a disaster, or public health emergency.  For example, the governor declared a state of emergency in Wisconsin on March 24, 2020, in regard to COVID-19, which was initially set to expire one month later on April 24, 2020.

A "yes" vote would prohibit the state, counties, or cities from closing or stopping gatherings in places of worship in response to an emergency, which would include public health emergencies.  A "no" vote would keep the language as it is.

Section 18 of Article 1 currently states:

The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

If it passes with a "yes" vote, the article would be amended to state:

The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries; nor shall the state or a political subdivision of the state order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.

QUESTION 3:  "Governmental entity discrimination prohibited. Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?"

A "yes" vote would create Section 27 in Article I of the Wisconsin Constitution, and it would stop government entities from either discriminating against or giving preferential treatment to anyone based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.  A "no" vote would not create Section 27.

Section 27 would be added and state:

Section 27 (1) In this section, “governmental entity” means the state, its political subdivisions including municipalities, the University of Wisconsin System, the Technical College System, any public college or university, any public school district, and any office, department, independent agency, board, commission, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

(2) A governmental entity may not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.

(3) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the governmental entity.

(4) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, public contracting, or public administration.

(5) If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision of this section held invalid shall be severable from the remaining portions of this section.

There are federal, state, and local races on the ballot.  Be sure to exercise your right to vote.