Voter ID in Wisconsin: What to know about Wisconsin’s April 1 referendum

Voters across Wisconsin will decide during the April 1 election whether to add a voter identification requirement to the state’s Constitution.

Under a 2011 state law, Wisconsin voters already have to present an acceptable form of photo ID.

But, if it’s approved by a majority of voters this spring, a constitutional provision would help cement that requirement, and protect it against future legal challenges.

Here’s what voters need to know.

What does the ballot measure say?

The ballot question asks voters whether they want to amend the Wisconsin Constitution to mandate 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?”

What language would be added to the state Constitution?

If a majority of voters vote “yes,” a couple of paragraphs would be added to the state Constitution.

That includes language saying that the ID could from “the federal government, a federally recognized American Indian tribe or band in this state, or a college or university in this state.”

The proposed constitutional language itself doesn’t specify what types of IDs would be allowed but says those rules are to be set by the state Legislature.

The amendment also clarifies that a voter can cast a provisional ballot if they show up at the polls without an acceptable photo ID.

That mirrors existing rules in Wisconsin, which allow a provisional ballot to be counted, so long as a voter shows up later and presents an acceptable ID to election officials before 4 p.m. on the Friday after an election.

Isn’t voter ID already required in Wisconsin? What rules are in place?

Wisconsin’s voter identification law lists the types of photo ID that are acceptable. Those are a:

• Wisconsin driver’s license;
• Wisconsin non-driver ID;
• Military ID card or an ID card from the Veteran’s Health Administration;
• U.S. passport or a certificate of naturalization issued no more than two years before the election;
• ID card from a federally recognized Indian tribe in Wisconsin;
• Student ID card with a signature, an issue date and an expiration date no later than two years after the election.

What are supporters saying about this referendum?

The measure cleared Wisconsin’s Legislature, with a majority of Republicans voting in favor and Democrats voting against.

State Rep. Patrick Snyder, a Republican from Weston who sponsored the proposal, said voter ID can act as a guard against fraud. He says he hopes the amendment increases confidence about the security of elections.

 “I don’t ever want to get to the point where people think their votes don’t count because they somehow have it in their minds that it’s rigged,” Snyder said in an interview with WPR. “I don’t want any persuasion — Democrat, Republican, Libertarian — to ever to think that. I want them to think that our elections are secure and there’s no nefarious things going on.”

In response to criticism that the requirement would discourage people from voting, Snyder said an ID is already needed for many aspects of everyday life. He said the focus in Wisconsin should be on making sure that everyone has access to a valid ID so they can vote and complete other tasks.

“(If) I come into Madison, and I go to a hotel, I have to show an ID,” Snyder said. “You go to a gas station, and for those that smoke, you have to show an ID to get cigarettes or liquor … So I say, let’s try to get them IDs for not only voting, but for everything else.”

Who opposes this proposal and what are their concerns?

The groups opposing the referendum include the American Civil Liberties Union of Wisconsin, Wisconsin’s League of Women Voters and a nonprofit serving elderly Wisconsinites called the Greater Wisconsin Agency on Aging Resources.

Critics say voter ID mandates make it harder for people to vote. And they say they’re more likely to disenfranchise certain groups of people who are less likely to have a valid photo ID. That includes seniors, students, rural residents, low-income people, people of color and people with disabilities, according to the Brennan Center for Justice.

Lisa Hassenstab is the public policy manager at Disability Rights Wisconsin, another group that opposes that referendum.

“DRW fully supports measures that make sure that our voting system is safe and secure,” she said in an interview with WPR. “But when we’re looking at an issue like photo ID requirements for voting that potentially have the ability to disenfranchise folks, I don’t think that makes our elections any more safe and secure.”

Driver’s licenses and state ID cards are the most commonly used types of identification when people show up to vote, Hassenstab said. But she noted that many disabled Wisconsinsites don’t drive and said getting those IDs requires a trip to a Department of Motor Vehicles office.

“There are 11 DMV service centers across the state that are not fully accessible,” she said. “So even if somebody were able to make it to one of these DMV service centers, they might not be physically able to access the interior of the building.”

How did this measure get to the ballot, and why did sponsors seek a constitutional change?

Changing Wisconsin’s Constitution is a lengthy process, and undoing a constitutional amendment is much harder than getting future lawmakers to amend a state law.

To bring this measure to the ballot, both chambers of Wisconsin’s Republican-controlled Legislature had to vote to approve the language in two separate, consecutive legislative sessions. Democratic Gov. Tony Evers has no control over that process and was not able to veto the measure.

If a majority of voters approve the amendment this spring, it will be added to the state Constitution, and supporters hope that will guard against legal challenges.

“This is about making sure that a rogue court cannot strike down a commonsense law,” state Rep. Amanda Nedweski, R-Pleasant Prairie, said when the measure cleared Wisconsin’s Assembly in January.

Since becoming law nearly 15 years ago, Wisconsin’s voter ID mandate has withstood numerous lawsuits.

But Wisconsin’s Supreme Court flipped to liberal control after Justice Janet Protasiewicz took office in August of 2023, ending a decade and a half of conservative dominance on the state’s highest court.

Another closely watched state Supreme Court race on the April 1 ballot will determine whether liberal justices keep or lose their majority.

How many states mandate voter ID?

Wisconsin is one of 36 states with laws on the books, which require or request that voters provide some form of identification, according to the National Conference of State Legislatures.

And Wisconsin is one of nine states in which those voter ID rules are considered to be “strict,” according to the NCSL’s analysis.

How likely is this measure to pass?

In Wisconsin, voters have been likely to say “yes” to proposed constitutional amendments.

Throughout the state’s history, nearly three-quarters of those amendments have passed after appearing on statewide ballots.

Nationwide, a 2024 Pew Research Center survey of adults across America found that 81 percent supported requiring a government-issued photo ID for voting. In Wisconsin, a Marquette Law School Poll of registered voters in the state conducted in late February found that 77 percent supported requiring a photo ID to vote.