Constitutional Corner

Constitutional Corner

Constitutional Corner

WI CONSTITUTIONAL AMENDMENT ON NOVEMBER 3, 2026 MIDTERM BALLOT 

 En español

WHAT YOU NEED TO KNOW ABOUT THIS REFERENDUM/AMENDMENT:

BALLOT LANGUAGE*

“Governmental Entity Discrimination Prohibited: Shall section 27 article 1 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?”

 

WHAT THIS AMENDMENT MEANS?

The title and first part of the ballot question lead voters to believe that is a new law to stop
government from discriminating against people. That’s misleading. Wisconsin and federal law
already make discrimination illegal.
 
So, what does this amendment intend to accomplish? It prohibits the state from granting
“preferential treatment” to marginalized people. If this amendment passes, it will eliminate
the equity-based gains Wisconsin has made over the last 60 years.
 
While framed as promoting equality, this amendment would reduce Wisconsin’s capacity to
address long-standing disparities. It would strip public systems of tools essential for promoting
equal opportunity and equitable access to the vulnerable in our society.
 

WHAT CAN HAPPEN IF THIS AMENDMENT PASSES?

Government programs that help people have an equal chance to succeed would be unconstitutional, ending decades of work to fix inequality.

  • What will be gained: Nothing

  • What will be lost: 60 years of progress for women and people of color

WHAT PROGRAMS AND POLICIES COULD BE ELIMINATED?

  • Health and Environmental Equity: Higher rates of chronic illness, disease and mortality and maternal mortality for Black women

  • Education: Changes to K-12 accommodations, curriculum; changes to UW admissions, scholarships, grants, courses, textbooks

  • Community-Action Programs: Head Start and social-support networks for operating food banks, homeless shelters, and domestic violence shelters

  • Government, Businesses, and Contracts: Workplace initiatives for women, public contracts for certified minority-owned firms, policies that enable equitable hiring, promotion and retention; and the Wisconsin Supplier Diversity Program 

  • This document can be printed HERE

*The language of this constitutional amendment as it will appear in the Constitution is more expansive than the Question on our ballots. Read more below:

 

[Article I] 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

Contact: lwvwisconsin [at] lwvwi.org