Evers proposes allowing Wisconsinites to put laws on the ballot

MADISON, WI- (WGBW) – Today, Governor Tony Evers announced he will ask the Wisconsin State Legislature to create a pathway to allow Wisconsin citizens to place laws on the ballot without legislative approval.

The governor’s proposal, which will be included in his 2025-27 biennial budget, would allow residents to place binding referenda and enact statutory and constitutional changes through ballot initiatives.

The proposal comes as Wisconsinites saw five statewide referenda questions in 2024—the most in a single year in over four decades, according to a report from the Milwaukee Journal Sentinel— all of which were drafted, legislatively passed, and placed on the ballot by Republican lawmakers, largely without direct input from the people of Wisconsin.

Unlike more than 20 other states in the United States, including Michigan, Illinois, and Ohio, Wisconsinites do not have the power to propose new laws or constitutional amendments through a binding ballot initiative process, which would otherwise enable the people of Wisconsin to enact policy changes through a simple statewide majority vote. 

In Wisconsin, only the Legislature can approve and place ballot questions, leaving Wisconsinites little recourse when the Legislature fails to enact policies that have broad public support. 

“The will of the people should be the law of the land. Republican lawmakers have repeatedly worked to put constitutional amendments on the ballot that Republicans drafted, and Republicans passed, all while Republicans refuse to give that same power to the people of Wisconsin. And that’s wrong,” said Gov. Evers. “Republican lawmakers shouldn’t be able to ignore the will of the people and then prevent the people from having a voice when the Legislature fails to listen. That has to change. If Republican lawmakers are going to continue to try and legislate by constitutional amendment, then they should give the people that same power and that’s what I’ll be asking them to do in my next budget.”

The governor’s proposal would require the Legislature to create a statewide binding referendum process through a constitutional amendment, allowing voters to put laws on the ballot by filing petitions with the Wisconsin Elections Commission (WEC) to hold a vote on proposed state laws and constitutional amendments or to repeal current state law.

If a sufficient number of signatures by qualified electors are validated by WEC, a vote would be held at the next general election at least 120 days after the petition is filed. Under the proposal, a simple majority vote is required to decide the referendum.

“…Lawmakers shouldn’t be able to ignore the will of the people and then prevent the people from having a voice when the Legislature fails to listen.

Wisconsin Governor Tony Evers

According to the Marquette Law School Poll, there are a number of issues that a majority of Wisconsinites support that have continued to stall under the Republican legislative majority, including but not limited to: 

• Over 60 percent of Wisconsinites think abortion should be legal in all or most cases;  
• More than 70 percent of Wisconsinites think the state should accept federal funds to expand Medicaid; 
• 86 percent of Wisconsinites—and nearly 80 percent of Republicans—believe medical marijuana should be made legal; 
• Over 60 percent of Wisconsinites agree that the use of marijuana should be legal; 
• Over 60 percent of Wisconsinites believe a nonpartisan commission should be responsible for drawing legislative districts rather than the Legislature; 
• 73 percent of Wisconsinites—including 62 percent of Republicans—support paid family leave; 
• Over 80 percent of Wisconsinites support “red flag” laws that allow a judge to order an individual to refrain from possessing a firearm if they find the individual to be a threat to themselves or others and 
• Nearly 80 percent of Wisconsinites support universal mandatory background checks on people making gun purchases, including at gun shows or through private sales. 

According to the Legislative Reference Bureau, “Unlike a number of other states, Wisconsin does not have any statewide initiative process that would allow electors to propose new state laws or constitutional amendments through a petition and to compel a referendum vote.”

Gov. Evers previously proposed creating a statewide binding referendum process in 2022 when he called a special session of the Legislature to create a pathway for Wisconsinites to repeal Wisconsin’s 1849-era criminal abortion ban in the wake of the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. The special session call also came as U.S. Sen. Ron Johnson (R-Wisconsin) erroneously suggested Wisconsin voters could challenge the state’s 1800s-era criminal abortion ban directly through a statewide referendum. Republicans gaveled in and out of the governor’s special session in a matter of seconds without debate, failing to even consider or take up the opportunity for Wisconsinites to place their own binding referenda on the ballot.

Republicans in the Legislature have a history of gaveling in and out of Gov. Evers’ special sessions, often without debate, rather than addressing the challenges that are facing Wisconsinites and passing bills that a majority of Wisconsinites support, including:  

• In October 2019, the governor called a special session to address gun violence in the state of Wisconsin and proposed two critical proposals that 80 percent of Wisconsinites support. Republicans refused to take up the bills; 
• In February 2020, Gov. Evers called a special session to restore two-thirds funding for K-12 education, including $130 million in property tax relief through equalization aid. Both the Wisconsin State Senate and Wisconsin State Assembly adjourned the governor’s special session, refusing to consider the governor’s special session call. 
• In May 2021, the governor called a special session to expand BadgerCare, which would make affordable healthcare coverage available to an additional 90,000 Wisconsin residents, a proposal supported by over 70 percent of Wisconsinites. Republicans gaveled in and out of the session in seconds without any deliberation; 
• In July 2021, Gov. Evers called a special session to invest more than $400 million in Wisconsin’s kids and schools. Republicans rejected this effort. 
• In June 2022, in the wake of the draft U.S. Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, the governor called a special session to take up legislation to repeal Wisconsin’s outdated, Civil War-era 1849 statute. Over 60 percent of Wisconsinites opposed the overturning of Roe and think abortion should be legal in all or most cases. Republicans rejected the governor’s proposal; 
• As noted above, also in 2022, Gov. Evers again called a special session to create a pathway for Wisconsinites to repeal Wisconsin’s 1849-era criminal abortion ban through statewide binding referendum; and 
• In August 2023, the governor called a special session of the Legislature to complete their work on the 2023-25 biennial budget and pass a meaningful, comprehensive plan to address the state’s longstanding, generational workforce challenges. The governor’s plan included expanding paid family leave, which 73 percent of Wisconsinites—including 62 percent of Republicans—support. Republicans rejected the governor’s proposal. 

See the complete press release from Evers’ office here.