NOTICE OF REFERENDUM NOVEMBER 3, 2026
NOTICE OF REFERENDUM ELECTION
November 3, 2026
NOTICE IS HEREBY GIVEN, that at an election to be held in the several towns, villages, wards, and
election districts of the State of Wisconsin, on Tuesday, November 3, 2026, the following questions will
be submitted to a vote of the people pursuant to law:
2025 Senate Joint Resolution 116
To amend section 10(1)(c) of article V; relating to: prohibiting the governor from using the partial veto
to create or increase any tax or fee.
Whereas, the 2023 legislature in regular session considered a proposed amendment to the constitution in
2023 Assembly Joint Resolution 112, which became 2023 Enrolled Joint Resolution 16, and agreed to it
by a majority of the members elected to each of the two houses, which proposed amendment reads as
follows:
Section 1. Section 10 (1) (c) of article V of the constitution is amended to read:
[Article V] Section 10 (1) (c) 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, and may not create or
increase or authorize the creation or increase of any tax or fee.
Now, therefore, be it resolved by the senate, the assembly concurring, That the foregoing proposed
amendment to the constitution is agreed to by the 2025 legislature; and, be it further
Resolved, That the foregoing proposed amendment to the constitution be submitted to a vote of the
people at the election to be held on the first Tuesday of November 2026; and, be it further
Resolved, That the questions concerning ratification of the foregoing proposed amendment to the
constitution be stated on the ballot as follows:
QUESTION 1: “Partial veto. Shall section 10 (1) (c) 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?”
2025 Assembly Joint Resolution 10
To amend section 18 of article I of the constitution; relating to: the freedom to gather in places of
worship during a state of emergency.
Whereas, the 2023 legislature in regular session considered a proposed amendment to the constitution in
2023 Senate Joint Resolution 54, which became 2023 Enrolled Joint Resolution 11, and agreed to it by a
majority of the members elected to each of the two houses, which proposed amendment reads as follows:
Section 1. Section 18 of article I of the constitution is created to read:
[Article I] Section 18. 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.
Now, therefore, be it resolved by the assembly, the senate concurring, That the foregoing proposed
amendments to the constitution is agreed to by the 2025 legislature; and, be it further
Resolved, That the foregoing proposed amendments to the constitution be submitted to a vote of the
people at the election to be held on the first Tuesday of November 2026; and, be it further
Resolved, That the question concerning ratification of the foregoing proposed amendments to the
constitution be stated on the ballot as follows:
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?”
2025 Assembly Joint Resolution 102
To create section 27 of article I of the constitution; relating to: prohibiting governmental entity
discrimination.
Whereas, the 2023 legislature in regular session considered a proposed amendment to the constitution in
2023 Assembly Joint Resolution 109, which became 2023 Enrolled Joint Resolution 15, and agreed to it
by a majority of the members elected to each of the two houses, which proposed amendment reads as
follows:
Section 1. Section 27 of article I of the constitution is created to read:
[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.
Now, therefore, be it resolved by the assembly, the senate concurring, That the foregoing proposed
amendments to the constitution is agreed to by the 2025 legislature; and, be it further
Resolved, That the foregoing proposed amendments to the constitution be submitted to a vote of the
people at the election to be held on the first Tuesday of November 2026; and, be it further
Resolved, That the question concerning ratification of the foregoing proposed amendments to the
constitution be stated on the ballot as follows:
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?”
Explanatory Statements as to the Questions
Explanatory statement regarding Question 1:
Under current law, the Governor may partially veto language in a spending bill passed by the Legislature.
The veto may result in either more or fewer taxes or fees being imposed and may also result in local
government entities being authorized to increase or decrease local taxes or fees.
The proposed amendment would add a new clause to Article V, section 10(1)(c) of the Wisconsin
Constitution, providing that the Governor’s veto “may not create or increase or authorize the creation or
increase of any tax or fee.” This language would not only prevent a veto from increasing any state taxes
or fees, but also prevent a veto from allowing local governments, such as school districts, to increase their
own taxes or fees.
A “yes” vote on Question 1 would vote to amend Wis. Const. art. V, § 10(1)(c) to prohibit the Governor
from partially vetoing a spending bill in a way that would create or increase or authorize the creation or
increase of any tax or fee.
A “no” vote on Question 1 would vote not to amend Wis. Const. art. V § 10(1)(c) of the Wisconsin
Constitution.
Explanatory statement regarding Question 2:
Under current law, Article I, section 18 of the Wisconsin Constitution, like the First Amendment of the
U.S. Constitution, protects religious rights. In a declared state of emergency, officials may limit public
gatherings, including religious gatherings, so long as religious and secular gatherings are treated
equivalently.
The proposed amendment would add a new clause to the end of Article I, section 18, prohibiting the state
and local governments from ordering the closure or forbidding gatherings “in places of worship” when
there is a state of emergency. That language would prevent officials from forbidding gatherings in places
of worship even when other types of public gatherings have been closed.
A “yes” vote on Question 2 would vote to amend Wis. Const. art. I, § 18. The amendment would prohibit
the state and local governments from closing or prohibiting gatherings in places of worship during a state
of emergency.
A “no” vote on Question 2 would vote not to amend Wis. Const. art. I, § 18 of the Wisconsin
Constitution.
Explanatory statement regarding Question 3:
Under current law, both under Article I, section 1 of the Wisconsin Constitution and the Equal Protection
Clause of the Fourteenth Amendment to the U.S. Constitution, states and local governments may not
discriminate based on race, ethnicity, color, national origin, or sex except under specific circumstances.
For race, color, ethnicity, or national origin, discrimination in favor of or against a group is permissible
only if the government has a compelling interest and a narrowly tailored remedy. For sex, discrimination
is permissible if it serves an important government interest and is substantially related to that interest.
Current law also makes distinctions depending on whether discrimination is overt and intentional, or
merely a disparate impact of a neutral policy.
The proposed amendment would create a new provision, Article I, section 27, which would prohibit state
and local governmental entities from discriminating or granting preferential treatment based on race, sex,
color, ethnicity, or national origin in public employment, public education, public contracting, or public
administration.
This language appears to impose stricter standards against discrimination than the standards under current
state and federal law.
The amendment contains three exceptions. It does not apply if it would cause the governmental entity (1)
to lose eligibility for a federal program or (2) to violate federal law. And the amendment’s prohibition on
treating people differently based on sex does not apply to measures that are “reasonably necessary” to the
“normal operation” of public employment, education, contracting, or administration.
A “yes” vote on Question 3 would vote to create a new provision of the Wisconsin Constitution—Wis.
Const. art. I, § 18, which would prohibit any governmental entity from discriminating or granting
preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, public
education, public contracting, or public administration.
A “no” vote on Question 3 would vote not to add Wis. Const. art. I § 18 to the
Wisconsin Constitution.
Done in the City of Eagle River
on this 26th day of August, 2026.
s/Kimberly A. Olkowski
Vilas County Clerk