The 2024 Statewide Voter Referendum in Wisconsin
- WULR Team
- Mar 11
- 5 min read
An analysis of the nuances of political language and the increasingly partisan American system
Published March 11 2025
Analysis by Sabrina Kestnbaum-Cook
This November, Wisconsin voters passed a referendum on the state constitution to ensure that “only” US citizens can vote in Wisconsin elections. At first glance, this seems redundant—there are federal and state laws in place banning noncitizens from voting. Registering to vote or voting in an election as a noncitizen is a felony and can result in jail time, fines, or deportation (1). So why would it need to be clarified that “only” US citizens can vote?
Pre-election, the state constitution read: “Every United States citizen aged 18 or older who is a resident of an election district in this state is a qualified elector of that district.”(2) The ballot asked: “Shall section 1 of article III of the constitution, which deals with suffrage, be amended to provide that only a United States citizen age 18 or older who resides in an election district may vote in an election for national, state, or local office or at a statewide or local referendum?”(3) The referendum’s subtle wording change from “every” to “only” and the new clause at the end of the sentence specifying that this applies to federal, state, and local elections are two examples of the growing push to crack down on noncitizen voting and the potential for it to occur. Though “every” and “only” both have the same general meaning, “every” is an inclusive term while “only” is an exclusive one. “Every citizen” welcomes each person who is eligible into the voting booth; “only” establishes the category of noncitizen in opposition, and explicitly excludes their participation. By doing so, this amendment implies noncitizens may seek to vote illegally and creates deeper divisions within the qualifications.
While the differences in the language may be subtle, the referendum’s partisan support was not. Republican lawmakers and conservative organizations advocated for the proposition, arguing that, to best preserve the integrity of Wisconsin’s elections and prevent noncitizens from voting, the referendum was needed. This same “every” to “only” referendum was up in several other states this November, and seven passed it before this electoral cycle (4). At the national level, the US House of Representatives has passed a bill that will require proof of citizenship when registering to vote (5). Though it is illegal at the federal and state levels, just over a dozen counties nationwide allow non-citizens to vote in local elections like mayoral or school board races, though none are in Wisconsin (6). Recently, contradictory national precedents are being set across the nation; appellate courts in New York and California respectively denied and upheld measures that would allow noncitizens to vote in municipal elections or noncitizen parents to vote in school board races (7). The Wisconsin referendum aimed to close off this possibility through the exclusionary language as part of the nationwide Republican push to ensure noncitizens are kept out of the polls (8).
Democratic lawmakers and advocates see the referenda as “a solution in search of a problem,” with no practical use in keeping elections fraud-free and only serving to create misplaced anger against foreigners and provide a foundation for false claims of voter fraud (9). It uses fear-mongering as a tactic to divide the population; all eligible voters deserve to have their voices heard and not be accused of illegal actions. They claim that it could open the door to increased restrictions in the future, including requiring proof of citizenship alongside voter registration. Referendum opponent and executive director of the Wisconsin Democracy Campaign Nick Ramos pointed out that the referendum would allow future lawmakers to keep moving the “goal post farther and farther for eligible U.S. citizens who are already voting.”(10) The response to the referendum illustrates the partisan nature of the American political system. These instances are symptoms of former President Donald Trump’s widely repeated and believed claim of election fraud following the 2020 general election; one study found that Trump supporters estimated that noncitizens accounted for as many as 1 in 6 votes (11). This partisan belief has created fear across the country and opened the door for voting protections and restrictions. It is vital to note that Donald Trump lost the 2020 election, and assessments by researchers and experts across the political spectrum find that voter fraud is incredibly rare. Studies from the Brennan Center and Cato Institute report that illegal voting accounts for less than 0.0001% of possible votes, a negligible amount. The Heritage Foundation, a conservative-leaning think tank, reported 23 instances between 2003 and 2022 (12). The increasing focus on voter fraud is incredibly dangerous considering the clear evidence to the contrary. To continue to claim that voter fraud is rampant or that elections have been stolen undermines confidence in elections and electoral outcomes.
The Wisconsin referendum was passed with 70% of voters voting yes. Notably, Madison’s Dane County was the only county that voted no in a 45%-54% split (13). With the passing of the referendum, the Wisconsin state constitution will be changed to reflect the “only” language, and while this does not change anything about the voting procedure, it can be seen as either a way of protecting or restricting voting rights (14). US democracy has stood for 250 years because both parties have respected election results when the people speak, as required in the US Constitution; it is vital that all citizen voices are heard in elections, and restrictions to voting rights directly infringe on the rights of Americans.
Bree Grossi Wilde, “Explainer: The Proposed Constitutional Amendment on Noncitizen Voting on Wisconsin’s November General Election Ballot,” State Democracy Research Initiative, October 10, 2024, accessed November 10, 2024, https://statedemocracy.law.wisc.edu/featured/2024/explainer-the-proposed-constitutional-amendment-on-noncitizen-voting-on-wisconsins-november-general-election-ballot/.
Wilde, “Explainer: The Proposed Constitutional Amendment on Noncitizen Voting on Wisconsin’s November General Election Ballot.”
“What’s on the Ballot (Dane County) —November 5, 2024,” MyVote WI, accessed November 10, 2024 https://elections.countyofdane.com/documents/pdf/What-s-on-the-Ballot-Nov-2024.pdf
Wilde, “Explainer: The Proposed Constitutional Amendment on Noncitizen Voting on Wisconsin’s November General Election Ballot.”
Sarah Lehr, “Limits on noncitizen voting: What to know about Wisconsin’s Nov. 5 referendum.” Wisconsin Public Radio, October 23, 2024, accessed November 10, 2024, https://www.wpr.org/news/wisconsin-referendum-ballot-amend-constitution-limit-voting-citizens
Riley Moser and David Schuman, “Wisconsin voters pass constitutional amendment explicitly barring noncitizens from voting.” CBS News, November 6, 2024, accessed November 10, 2024, https://www.cbsnews.com/minnesota/news/wisconsin-ballot-question-noncitizens-voting-results/
Wilde, “Explainer: The Proposed Constitutional Amendment on Noncitizen Voting on Wisconsin’s November General Election Ballot.”
Walter Olson, “The Right’s Bogus Claims about Noncitizen Voting Fraud,” Cato Institute, April 11, 2024, accessed November 10, 2024 https://www.cato.org/commentary/rights-bogus-claims-about-noncitizen-voting-fraud.
Moser and Schuman, “Wisconsin voters pass constitutional amendment explicitly barring noncitizens from voting.”
Lehr, “Limits on noncitizen voting: What to know about Wisconsin’s Nov. 5 referendum.”
Olson, “The Right’s Bogus Claims about Noncitizen Voting Fraud.”
Wilde, “Explainer: The Proposed Constitutional Amendment on Noncitizen Voting on Wisconsin’s November General Election Ballot.”
“Wisconsin Ballot Measures 2024,” NBC News, November 9, 2024, accessed November 10, 2024, https://www.nbcnews.com/politics/2024-elections/wisconsin-ballot-measures
Olson, “The Right’s Bogus Claims about Noncitizen Voting Fraud.”
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