The League of Women Voters of Wisconsin is launching a Constitutional Corner series to highlight issues related to our state constitution. Our state constitution is revered for safeguarding Wisconsinites' rights, and any changes must be approached seriously. This week we're exploring the pitfalls of three problematic constitutional amendments that recently passed.
Marsy’s Law (2020): Marsy’s Law specified and expanded new rights for victims. Like many constitutional amendments, it might seem like a good idea at face value but it has many flaws and is far too broad. In the case of Marsy's Law, increasing rights for victims also diminished the constitutional rights and civil liberties of the accused. Those accused of a crime are considered innocent until proven guilty. Marsy's Law took away that presumption and conflicted with things like the accused's right to the pre-trial motions. This amendment failed victims, defendants and voters.
Cash Bail Constitutional Amendment (April 2022): This amendment made changes to Wisconsin’s cash bail system. It allowed judges to consider past convictions for violent crimes when setting bail for someone accused of a violent crime.
The amendment also allows a judge to set conditions for pretrial release and changed the statutory term of “harm” to “serious harm.” The new term "harm" was defined by the legislature after the election, and includes several charges lower than homicide and sexual assault. Examples include: watching a cockfight or leaving a firearm where a child gains access to it.
LWVWI opposed it because it would result in the pretrial detention of more people who are accused of a crime but not yet proven to be guilty. Also, when people are sitting in jail on bail they can't afford, it takes them away from their families and jobs and it can be very traumatic.
Banning private funds for election administration (April 2024): The latest amendment prohibits local governments from accepting grant money or other private resources to help administer elections and requires that only “election officials designated by law” can perform “any task in election administration.”
Again, superficially, it might sound like a good idea to keep out private interests from our elections BUT the legislature keeps elections and the municipalities that run them on a shoestring budget. Grant money has been a lifeline for clerks to purchase equipment, pay poll workers, rent polling places, buy supplies and keep our elections running smoothly. Also, the language was unclear and broad-sweeping.
We must learn from the lessons of our past and not allow more problematic changes to our constitution. That's just one of the reasons why LWVWI is urging voters to VOTE NO to both constitutional amendment questions that will appear on their August ballots. Learn more by exploring our toolkit linked below.
