Two new constitutional amendments could be on November ballots

Colbey Decker, a WILL client who alleges her white son who struggles with dyslexia faced racial discrimination in the Green Bay Area School District, testified in favor of a proposed amendment to the state constitution outlawing government programs that promote diversity, equity and inclusion. (Photo by Baylor Spears/Wisconsin Examiner)
Two constitutional amendment proposals that could be on Wisconsinites’ ballots in November received public hearings on Tuesday, including one to eliminate diversity, equity and inclusion (DEI) programs from state and local governments and one to bar the governor from issuing partial vetoes that increase taxes.
Constitutional amendment proposals in Wisconsin must pass the state Legislature in two consecutive sessions and receive majority approval from voters to become law. Each proposal is on its second consideration, meaning if they pass the Senate and Assembly, each would appear on voters’ ballots in November alongside a slate of consequential races including for governor, Congress and the state Legislature.
One of the proposed constitutional amendments, SJR 94, takes aim at DEI programs throughout state and local government in Wisconsin. Republicans have been targeting DEI programs for years and have at times found success, including when they elicited concessions from the University of Wisconsin system in 2023.
If the proposal passed the Senate and Assembly, voters will see on their ballots the question “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?”
Sen. Steve Nass (R-Whitewater) told the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee that the proposal would “ensure that we hire, promote, select, and admit people to our unit, public universities, schools and government agencies the same way we choose people for our Olympic team, military and sports teams — through merit, character, ability and hard work without regard to race, sex color, ethnicity or other immutable characteristics.”
Sen. Dora Drake (D-Milwaukee) asked the authors of the proposal how they define “preferential treatment” and whether they know about the types of programs the amendment would eliminate.
“I don’t know how deep it is in hiring, contracting… I would say if the criteria for making your choice deals with race or sex, then that’s not appropriate,” Rep. Dave Murphy (R-Hortonville) said.
Drake brought up the state’s Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin.
“Everyone should have access to opportunity. The reality is that our state historically has not shown that. That [program] was created because we have minority-owned businesses that were seeking opportunities for state contracting and they weren’t getting them, and that was based on relationships, it was based on race… and so this was implemented as a protective measure to ensure that people weren’t being discriminated against,” Drake said. “We’re pushing this forward when we still haven’t addressed what’s happening. If we’re doing this based on merit, then I would argue that there’s plenty of different minority-owned businesses that would be more than qualified, but they don’t get them, and you have to ask why.”
“They may be qualified, but are they the most qualified?” asked Sen. Chris Kapenga (R-Delafield). “And what this does is it takes away… the sex, the gender all of those items that the U.S. Constitution lays out as this is something that you can’t discriminate against. If you discriminate against a male because he’s a male, that’s still discrimination.”
Dan Lennington, the Wisconsin Institute for Law and Liberty’s managing vice president and deputy counsel, said the bill would help to ensure that Wisconsin is “color blind.”
Lennington leads the conservative legal organization “Equality Under the Law Program,” and spoke to the number of lawsuits they’ve engaged in on the issue.
“We sued [former President] Joe Biden 12 times. We have five lawsuits pending against President [Donald] Trump right now based on race discrimination. We have a lot of things in the pipeline against the state of Wisconsin… We’d love to sue over the Minority Supplier Program. We haven’t gotten to it yet” Lennington said. “A constitutional amendment would, especially a new attorney general, would wipe all this clean and enforce the law as it’s already written, and would really help bring this to an abrupt end. Otherwise, there’s going to be decades more of this litigation.”
Colbey Decker, a WILL client who alleges her white son who struggles with dyslexia faced racial discrimination in the Green Bay Area School District, testified in favor of the proposed amendment. The Trump administration launched an investigation into the school district over the allegations last year.
Decker told the committee that her son wasn’t able to receive reading services because he is white, saying that she found that the school’s “success plan” included a policy related to “prioritizing resources to First Nations, Black and Hispanic students.”
“When an educational system’s moral compass is calibrated by a child’s skin color, the system has fundamentally failed. Our family’s story has forever changed after witnessing firsthand the casual callousness of sorting my son, color-coding him and then deprioritizing him based on his race,” Decker said. “The brutal reality of DEI is that it robs all children of the dignity and respect of individuality.”
Curtailing executive partial veto power
SJR 116 would limit the governor’s partial veto power by prohibiting any vetoes from “creating or increasing or authorizing the creation or increase of any tax or fee.”
Lawmakers introduced the proposal last session in response to Gov. Tony Evers’ partial veto on the last state budget that extended school revenue increases for an additional 400 years. He did so by striking two digits and a dash from the years to extend the annual increases through 2425. The action was upheld by the state Supreme Court in April 2025.
Rep. Amanda Nedweski (R-Pleasant Prairie) said the school revenue increases that are resulting from the partial veto are “unaffordable” and “unsustainable” for Wisconsinites.
“No governor, Republican or Democrat, should be able to single-handedly raise taxes on Wisconsin families with the stroke of his pen. The governor is not a king,” Nedweski said. “This constitutional amendment reigns in that power, restores the proper balance between the branches of government and ensures taxpayers are protected from runaway tax increases in the future.”
A recent Wisconsin Policy Forum report found that Wisconsin property taxpayers’ December bills included the highest increase since 2018 and warned property taxpayers could see similar increases to their property taxes in the future.
“We did all get a kick in the pants with property taxes this year… we’re gonna get another wack in 2026 in December,” Nass said during the hearing.
Drake said the bill appeared to be a “grab for power.”
Kapenga, one of the proposal authors, pushed back on the comment, saying if he were governor, he would sign a bill from Drake eliminating the governor’s ability to levy such a veto.
“I do not like the power that the governor has in this state, regardless of who it is,” Kapenga said. “The power of the people should be vested in the Legislature, not in the executive branch.”
The question voters would see is: “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?”
Constitutional amendments have been used to limit the partial veto power in a couple other scenarios, including in 1990 when voters approved the prohibition of the “Vanna White” veto, or eliminating single letters within words, and in 2008, when voters approved, eliminating the “Frankenstein veto” — or the ability for governors to create new sentences by combining parts of two or more sentences.
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