In September, California adopted a law that prohibits local governments from requiring voters to present identification to vote.
The law states that voter ID laws “have historically been used to disenfranchise” certain voters, including those of color or low-income.
The law says California ensures election integrity by requiring a driver’s license number or Social Security number at registration and verifying the voter’s signature with the voter’s registration form.
Voter ID supporters say requiring a photo ID helps prevent voter fraud and increases public confidence in elections.
California is among 14 states that don’t use voter ID. They verify voter identity in other ways, usually signature verification, according to the nonpartisan National Conference of State Legislatures.
Wisconsin has required photo ID since 2016. On April 1, voters approved a referendum adding that requirement to the state constitution.
Elon Musk alluded to the California law during remarks March 30 in Green Bay, Wisconsin.
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Wisconsin voters on Tuesday approved a constitutional amendment to enshrine the state’s already existing voter ID law into the state Constitution.
The amendment was approved by 25 points. The Associated Press called the election less than 40 minutes after the polls closed.
The Republican-authored referendum does not change the law that was already on the books in the state which requires that voters show an approved ID to register to vote and receive a ballot. Republican legislators said the amendment was necessary to protect the statute from being overturned by the state Supreme Court. In recent years, Republicans in the Legislature have increasingly turned to the constitutional amendment process to shape state law without needing the signature of Democratic Gov. Tony Evers.
Democrats had accused Republicans of including the referendum on the ballot in this election as an effort to boost conservative turnout in the state Supreme Court election.
Wisconsin’s voter ID law has been on the books for more than a decade. During debate over the law, Republican lawmakers discussed its potential to help the party win elections by suppressing the vote of minority and college-aged people who tend to vote for Democrats.
Democrats and voting rights groups said the law amounted to a “poll tax.” A 2017 study found that the law kept 17,000 people from the polls in the 2016 election.
Since its passage, a number of court decisions have adjusted the law, leading the state to ease restrictions and costs for obtaining a photo ID — particularly for people who can’t afford a high cost or don’t have proper documents such as a birth certificate.
Republicans in Wisconsin and across the country have increasingly focused on photo ID requirements for voting since conspiracy theories about election administration emerged following President Donald Trump’s false claims that he was robbed of victory because of voter fraud in the 2020 presidential campaign.
While the law doesn’t change, the approved language of the amendment gives the Legislature the authority to determine what types of ID qualify as valid for voting purposes. Currently, approved IDs include Wisconsin driver’s licenses and state IDs, U.S. passports, military IDs and certain student IDs.
Wisconsin voters will weigh in on a constitutional amendment to enshrine the state’s photo ID requirement to vote in the state Constitution in the April 1 election.
On ballots this spring, voters will be asked “shall section 1m of article III of the constitution be created to require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law?”
If approved, the state Constitution would be changed to include the provision that “no qualified elector may cast a ballot in any election unless the elector presents valid photographic identification that verifies the elector’s identity and that is issued by this state, the federal government, a federally recognized American Indian tribe or band in this state, or a college or university in this state.”
The provision would give the Legislature the authority to determine which types of ID qualify as acceptable. Current law includes state issued driver’s licenses and photo IDs, U.S. Passports, military IDs and unexpired university IDs (expired student IDs are allowed if proof of current enrollment such as a tuition receipt or course schedule is provided).
In several recent elections, Wisconsin Republicans have put constitutional referenda on the ballot in an effort to make policy changes without needing Democratic Gov. Tony Evers’ signature.
Wisconsin has had a state law requiring voters to have an acceptable photo ID to register to vote and cast a ballot since 2011. During debate over the law, Republican lawmakers discussed its potential to help the party win elections by suppressing the vote of minority and college-aged people who tend to vote for Democrats.
Democrats and voting rights groups said the law amounted to a “poll tax.” A 2017 study found that the law kept 17,000 people from the polls in the 2016 election.
Since its passage, a number of court decisions have adjusted the law, leading the state to ease restrictions and costs for obtaining a photo ID — particularly for people who can’t afford a high cost or don’t have proper documents such as a birth certificate.
Republicans in Wisconsin and across the country have increasingly focused on photo ID requirements for voting since conspiracy theories about election administration emerged following the 2020 presidential campaign.
The process to amend the state constitution requires that a proposal pass the Legislature in two consecutive sessions and then be approved by the state’s voters in a referendum.
If passed, the amendment would change little for Wisconsin voters because the existing law has been on the books in its current form for nearly a decade. When the amendment was proposed, Republicans said its goal was to protect the photo ID law from being struck down by the courts.
“I cannot say for certain how the Wisconsin Supreme Court would rule on voter ID laws, but I’m also not willing to risk the Wisconsin Supreme Court declaring voter ID laws unconstitutional,” Sen. Van Wanggaard said at a public hearing on the proposal.
But Democrats say it’s unnecessary to amend the constitution to add something that’s already in state law and accuse Republicans of including the referendum on the ballot in this election in an effort to increase Republican turnout in the contested races for state Supreme Court and superintendent of schools.
“It’s my feeling, and it’s a feeling of most people, that you don’t legislate via changing the constitution,” Rep. Lee Snodgrass (D-Appleton) said at a March 17 panel on the referendum. “I think that there is pretty wide evidence that this is hitting the ballots for political reasons. I think that the majority party is afraid of what happens if we get into the majority and if we decide that existing law needs to be amended or changed or overturned entirely.”
Snodgrass added that “we are essentially wasting everybody’s time by adding this to the ballot. And I think we’ve had five of these now already. So it’s a pattern, and it’s politically motivated.”
Wisconsin has long had a photo ID requirement for voting on its books — one of the strictest in the nation. This year, voters will decide whether to make it harder to weaken that requirement.
The April 1 ballot contains a proposal that would enshrine the photo ID requirement in the state’s constitution. Republican lawmakers backed the proposed constitutional amendment in an effort to prevent the ID policy, passed in 2011, from being gutted in court.
Approval of the amendment wouldn’t affect the current ID requirement, experts say; rather, it would prevent or at least complicate future efforts to undo it.
The ballot question coming before voters on April 1 will ask whether the Wisconsin Constitution should be amended to “require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law.”
The amendment would state, in part: “No qualified elector may cast a ballot in any election unless the elector presents valid photographic identification that verifies the elector’s identity.”
Voters can vote “yes” if they want the proposal in the constitution and “no” if they don’t. Whichever way the amendment goes, Wisconsin would continue to have a photo ID requirement for voting because it’s already state law.
The amendment appears likely to pass. Most constitutional amendment proposals in Wisconsin pass when they come before voters, and 74% of Wisconsin residents polled in 2021 supported the photo ID requirement. The Assembly and the Senate both passed the amendment proposal in January on party line votes, with Republicans in favor and Democrats against.
Making the policy a constitutional requirement, and not just a state law, makes it far less likely that a court could strike it down, said Bree Grossi Wilde, executive director of the State Democracy Research Initiative at the University of Wisconsin Law School. It also means a future Legislature can’t remove the requirement by simply repealing the statute, she said, though it would allow lawmakers to modify the requirement to some extent by creating exceptions.
It’s unclear how far those exceptions could go before they would effectively “gut the requirement” in violation of the constitution, Wilde said. Some states, for example, allow people without photo IDs to cast a ballot if they sign a legal statement affirming their identity.
“Maybe there is still wiggle room on the part of the Legislature to provide relief from the requirement in certain circumstances,” she said. “Whether you could say, ‘If you don’t have an ID, you don’t have to provide it,’ that might be too far. A court might not protect that.”
What’s the history behind photo IDs for voting?
The law that the amendment would enshrine was enacted in 2011 but faced court challenges that limited its implementation for several years. Republican proponents said it would make elections more secure by protecting against voter impersonation, something that research has shown is rare. Opponents of the law filed lawsuits alleging that the policy made it too hard to vote.
Its first use in a presidential election was in 2016, and the requirement has remained in place ever since.
The law requires voters to present their photo ID when they vote. If they can’t show ID, they can cast a provisional ballot and would have to present their photo ID afterward to have that ballot count.. Acceptable photo IDs include driver’s licenses, military IDs, IDs issued by federally recognized Native American tribes, U.S. passports, some university IDs, free voting IDs issued by the Wisconsin Department of Transportation, and some other types.
Wisconsin is among nine states that have “strict photo ID” laws, according to the National Conference of State Legislatures. In these states, voters must have a photo ID when they vote, or have to vote via provisional ballot and then provide photo ID later — either to poll workers on Election Day or to the local election clerk within days of the election — for their ballots to count. Other states either have strict non-photo ID laws, less stringent ID requirements or no ID requirement at all.
Researchers have found that Wisconsin’s law had a disenfranchising effect.
In the 2016 presidential election, an estimated 4,000 to 11,000 eligible people in Dane and Milwaukee counties didn’t vote mainly because they lacked an eligible photo ID, a study concluded, based on survey responses from nearly 300 registered nonvoters. The study, by then-University of Wisconsin-Madison political science professor Ken Mayer, estimated that for 8,000 to 17,000 people in those heavily Democratic counties, lack of photo ID was one of many reasons they didn’t vote.
People who were Black, who earned lower incomes and who had less formal education were less likely to have eligible photo IDs, the study states.
Republicans widely criticized the study over its sample size and methodology. Republicans have also criticized Democrats for simultaneously arguing that photo IDs are too hard for some people to get while alsosaying, in their effort to encourage voting, that free voter IDs are easy to get.
The IDs are indeed free, but getting to a Division of Motor Vehicles office to obtain one isn’t, said Lauren Kunis, CEO and executive director of VoteRiders, which helps voters obtain the identification they need to vote.
“Convenience matters when we’re talking about voting,” she said. “Some of us think about voting all day, every day, and we’ll make it a priority to get your ducks in a row and get everything you need well in advance of any deadlines. But that is not the case for the average eligible voter in the United States, and we need to design policies and systems that think about that voter.”
The law’s specifications about which IDs are acceptable make it more complicated, said Jake Spence, VoteRiders’ Wisconsin coordinator.
For example, standard IDs issued by some big state universities, including UW-Madison and UW-Milwaukee, aren’t suitable for voting. The state’s strict criteria for student ID used for voting requires including the date the card was issued, the student’s signature and an expiration date no later than two years after its issuance. The standard student IDs issued at those universities don’t meet those requirements, though students can ask for compliant IDs.
Across Wisconsin, Kunis said, VoteRiders staff and volunteers have encountered not only people who couldn’t vote because they didn’t have an appropriate ID but also people who had appropriate IDs but didn’t vote because they were confused by the law, sometimes unaware that their ID met the requirements.
What should I know about the proposed amendment?
Republican proponents say they want to put the law in the constitution to keep the liberal-majority Wisconsin Supreme Court from striking down the photo ID requirement, especially if liberal candidate Susan Crawford, who argued against the ID rule in court, wins a seat on the high court in April’s election.
“I cannot say for certain how (the) Wisconsin Supreme Court would rule on voter ID laws, but I’m also not willing to risk the Wisconsin Supreme Court, unburdened by precedent and the Wisconsin Constitution, declaring voter ID laws unconstitutional,” Republican Sen. Van Wanggaard said at a hearing on the proposal.
Democratic legislators and Democratic Gov. Tony Evers ardently opposed the proposed amendment, saying it has a disenfranchising effect.
“This is about voter suppression,” said Rep. Christine Sinicki, a Milwaukee Democrat, adding that there were people in her neighborhood who can’t get a photo ID to vote.
The measure passed nonetheless in the GOP-majority Legislature. Evers doesn’t have the power to veto constitutional amendment proposals, which must pass two successive legislatures before they can appear on the ballot.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.
Republicans in the Legislature put a referendum on the April 1 ballot to add the requirement to the state constitution. State Sen. Kelda Roys, D-Madison, said the amendment makes it “harder to vote” than to buy a gun.
In Wisconsin, federally licensed gun dealers are required to do background checks on gun purchasers, but other sellers, such as individuals selling privately or at gun shows, are not.
According to a 2015 national survey of gun owners, 22% who made their most recent purchase within two years said they did so without a background check; the figure was 57% among gun owners in states such as Wisconsin that didn’t regulate private gun sales.
It’s the latest national survey, said Johns Hopkins University gun policy expert Daniel Webster.
On voter ID, a University of Wisconsin-Madison study estimated Wisconsin’s law prevented 4,000-11,000 Milwaukee and Dane county residents from voting in the 2016 presidential election.
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Wisconsin’s photo ID requirement for voting would be elevated from a state law to a constitutional amendment under a proposal approved Tuesday in the Republican-controlled Assembly with no support from Democrats.
The proposed constitutional amendment will appear on the April 1 ballot for voter consideration. It would need to be approved by voters before the constitution would be amended. Even if voters reject it, the voter ID requirement that has been in state law since 2011 will remain in place.
Republicans, citing Wisconsin polls that showed broad support for voter ID requirements, hailed the measure as a way to bolster election security and protect the law from being overturned in court.
But Democrats said photo ID requirements are often enforced unfairly, making it more difficult for people of color, people with disabilities and poor people to vote. Democrats argued that lawmakers should focus instead on other issues such as gun control, clean water, affordable housing, and expanding access to child care.
If voters agree to place the photo ID requirement in the constitution, it would make it more difficult for a future Legislature controlled by Democrats to change a law they’ve long opposed. Any constitutional amendment must be approved in two consecutive legislative sessions and by a statewide vote of the people.
Wisconsin is one of nine states where voters must present a photo ID to cast a ballot, and its requirement is the strictest in the country, according to the National Conference of State Legislatures. Thirty-six states have laws requiring or requesting that voters show some sort of identification at the polls, according to NCSL.
Other states have taken similar steps in recent years to put voter ID requirements in their constitutions, with mixed success. Voters approved it in Mississippi in 2011 and North Carolina voters in 2018, while Minnesota voters rejected it in 2012.
The Republican-controlled Wisconsin Legislature first passed the state’s voter ID law in 2011. It took effect briefly in 2012, but courts that year put it on hold until 2016 after state and federal courts allowed it to take effect.
The Legislature last session approved the voter ID constitutional amendment for the first time. The measure was the first proposal considered by the Legislature this year. The state Senate passed it last week along a party line vote, with all Republicans in support and Democrats against.
The Assembly on Tuesday gave it the final approval needed, also on a party line vote, sending it to the ballot for voter consideration.
It will be the sixth ballot measure the Legislature has placed on the ballot over the past year. Amending the constitution puts questions before voters and avoids potential vetoes by Democratic Gov. Tony Evers.
Evers this month proposed giving citizens the ability to put measures on the ballot through a referendum process. Evers on Tuesday renewed that call, which Republicans oppose.
“If Republican lawmakers are going to continue ignoring the will of the people and legislating by constitutional amendment, then they should give the people of Wisconsin the power to pass the policies they want to see at the ballot box,” Evers said in a statement.
Lawmakers moved quickly because of a Jan. 21 deadline to get the issue on the April 1 ballot.
Control of the state Supreme Court also hangs in the balance in that April election. The race for an open seat will determine whether liberals maintain control for at least the next three years. The Democratic-backed candidate, Dane County Circuit Judge Susan Crawford, was the lead attorney in a 2011 lawsuit challenging the voter ID law.
There are no pending legal challenges to voter ID.
Even if the amendment is approved, lawmakers could still decide what types of photo IDs are acceptable. Voters without a photo ID could still cast a provisional ballot, as they can now. The ballot is counted if the voter returns later with a photo ID.
Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.This story is published in partnership with The Associated Press.
Republicans who control the Wisconsin Legislature are moving quickly to place a measure on the April ballot to enshrine the state’s already strict voter ID requirement into the state constitution.
The move would make it more difficult for Democrats to soften the 14-year-old law or overturn the requirement in court. Other states have taken similar steps in recent years to put voter ID requirements in the constitution. Voters approved it in Mississippi in 2011 and North Carolina voters in 2018, while Minnesota voters rejected it in 2012.
The voter ID constitutional amendment is the first proposal being considered by the Wisconsin Legislature this year. The session began Monday, there was a public hearing Tuesday, and the Senate was approved it Wednesday. The Assembly was expected to give final approval next week.
Democrats on Tuesday accused Republicans of rushing to enshrine a requirement that they argue makes it more difficult to vote.
“I’m irritated,” Democratic Sen. LaTonya Johnson said at the hearing Tuesday, held less than 24 hours after lawmakers were sworn into office. “There are definitely more important issues than this.”
Johnson noted that the proposal was coming three weeks after a school shooting about 6 miles from the state Capitol but was taking precedence over gun control measures. A student shot and killed a fellow student and teacher before killing herself.
Constitutional amendments must pass the Legislature in two consecutive sessions and then be approved by voters before taking effect. The Legislature passed the voter ID proposal last session and must approve it again by Jan. 21 to get it on the April ballot for voter approval.
Control of the state Supreme Court also hangs in the balance in that April election. The race for an open seat will determine whether liberals maintain control for at least the next three years. The Democratic-backed candidate, Dane County Circuit Judge Susan Crawford, was the lead attorney in a 2011 lawsuit challenging the voter ID law.
Republican Sen. Van Wanggaard, lead sponsor of the measure, said Tuesday that he was “not willing to risk” the law being struck down by the Wisconsin Supreme Court.
There are no pending legal challenges to voter ID, even though the state Supreme Court has sided with Democrats in other major cases, including throwing out Republican-drawn legislative maps and overturning a ban on absentee ballot drop boxes.
“We can be sure that a new lawsuit challenging its constitutionality is coming,” Wanggaard said.
Enshrining the requirement in the constitution would make it more difficult for a future Legislature controlled by Democrats to change than a state law.
Democrats who have long opposed voter ID also picked up seats in the Legislature in November under newly enacted maps more friendly to them and are hoping to regain majority control of at least the state Senate in two years.
The possibility of Democrats regaining majority control has led Republicans to enact a number of constitutional amendments to protect laws they have passed.
Republicans put five constitutional amendments before voters last year, the most in a single year since 1982, and four more could be on the ballot in the next two years.
Democratic Gov. Tony Evers has proposed giving voters the ability to place constitutional amendments and other proposals on the ballot, going around the Legislature. Republican leaders signaled that would be rejected.
Polls have shown wide public support for a voter ID law, despite opposition from Democrats and advocates who say it makes it harder for people to vote, especially older people and those without an ID.
Even if the amendment is approved, lawmakers could still decide what types of photo IDs are acceptable. Voters without a photo ID could still cast a provisional ballot, as they can now. The ballot is counted if the voter returns later with a photo ID.
Wisconsin enacted its law in 2011, one of the first actions Republicans took after they gained majority control from Democrats after the 2010 election.
Wisconsin is one of nine states where voters must present a photo ID to cast a ballot, the strictest requirement in the country, according to the National Conference of State Legislatures. A total of 36 states have laws requiring or requesting that voters show some sort of identification at the polls, according to NCSL.
Wisconsin’s voter ID law has been challenged in whole or in part numerous times since it was enacted, but the requirement has survived.
Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.This story is published in partnership with The Associated Press.
Liberal Wisconsin Supreme Court candidate Susan Crawford has opposed the state’s voter identification law.
The 2011 law requires proof of identification to vote. Because of court challenges, it didn’t take effect until 2016.
Crawford was one of three lawyers in a 2011 lawsuit challenging the requirement, which the Supreme Court rejected.
In 2016, Crawford said the law would be “acceptable” if voters could sign an affidavit swearing to their identity rather than providing proof of identification.
A University of Wisconsin-Madison study estimated the law prevented 4,000-11,000 Milwaukee and Dane county residents from voting in the 2016 presidential election.
The University of California, Berkeley, reported in 2023 that many studies found voter ID laws have little to no impact on voter turnout nationally, while others indicate “a disproportionate negative impact” on minority groups.
Crawford, a Dane County judge, is running April 1, 2025, against conservative Waukesha County Judge Brad Schimel.
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