As Wisconsin heads toward another election cycle, a new legislative proposal aims to demystify the often complex language found on referendum ballots. This initiative could significantly impact how voters engage with constitutional amendments at the polls.
Currently under consideration at the state Capitol, the proposed bill seeks to enhance voter comprehension by mandating that the nonpartisan Legislative Reference Bureau provide clear, plain-language summaries for statewide referendums. These summaries would elucidate the implications of “yes” or “no” votes.
Given that Wisconsin lacks a process for citizen-initiated ballot initiatives, the bill would primarily affect constitutional amendments. Such amendments are placed on ballots only after passing two consecutive legislative sessions. In recent years, Republican legislators have increasingly utilized this mechanism to circumvent vetoes from the Democratic Governor, Tony Evers, as noted in a report.
This legislative effort, authored by Republicans, has garnered support from various statewide voting rights groups, including All Voting Is Local Action, the League of Women Voters of Wisconsin, and the Wisconsin Democracy Campaign.
During a November committee hearing, Sen. Cory Tomczyk, R-Mosinee, explained that the bill was inspired by confusion experienced by his friends and constituents. “The legalese, if you will, that is used on the ballots is, of course, necessary and should be presented,” he stated. “But for regular, everyday residents of Wisconsin, it might as well be in a different language.”
Under the new bill, these explanatory summaries would be made available at polling locations and online, in addition to being included with mailed absentee ballots.
The ACLU of Wisconsin, while not formally supporting the bill, describes it as a positive move towards helping voters grasp the significance of referendum questions before casting their votes. However, the ACLU suggests adding a definition of “plain language” to ensure clarity in the Legislative Reference Bureau’s task.
According to a fiscal estimate by the Wisconsin Elections Commission, the proposed legislation is not expected to incur significant costs. An attorney for the Legislature highlighted that the Reference Bureau would develop the plain-language explanations concurrently with the drafting of the resolution language.
Wisconsin’s current law already stipulates certain requirements for ballot question wording. At present, the attorney general, who is elected on a partisan basis, prepares an explanatory statement for each question. This responsibility would be transferred under the new bill. Moreover, existing legislation prohibits framing referendums such that a “no” vote approves a measure or a “yes” vote rejects it.
The Wisconsin Supreme Court has previously ruled that ballot questions must “reasonably, intelligently, and fairly” encompass every essential aspect of the amendment.
