Three proposed amendments to the Wisconsin Constitution will be on the ballot on November 3, 2026, as part of the 2026 Wisconsin gubernatorial election.
Each of the constitutional amendments are initiatives led by Republican lawmakers. In order to amend the state constitution, legislators must pass a proposed amendment twice: once during a two-year legislative term, and again during the following two-year legislative term, since representatives within the U.S. House of Representatives serve strict two-year terms. If the amendment manages to pass both times, it will come before the voters as a ballot question at the following election. Only if the ballot question is approved by voters will the amendment be enshrined in the Wisconsin state constitution.
These ballot questions, as ruled on by the Wisconsin Supreme Court in 2023, are technically allowed to be confusing or misleading, as long as they do not contain clearly false information.
According to the majority opinion, written by Justice Brian Hagedorn, in the 2023 Wisconsin Supreme Court case of Wis. Justice Initiative v. Wisconsin Elections Commission (in which former Justice Rebecca Grassl Bradley wrote a concurring opinion), voters have a personal duty to educate themselves regarding ballot questions, which “[do] not require any substantive discussion of [a specific proposed] amendment.”
Therefore, the upcoming proposed amendments, and any constitutional amendment-related ballot questions voters will see, will only be approved and enshrined in the state constitution if a majority of voters vote “yes” on approving them.
Wisconsin lawmakers have already passed each of these amendments both of the necessary times to get them on the ballot, and they want voters to approve and pass them.
What questions will be on the ballot?
The following ballot questions are written as they will eventually appear on November 3, 2026, according to the sample ballot provided by the Wisconsin Elections Commission.
State of Wisconsin Partial Veto Referendum – Question #1:
“Partial veto. Shall section 10 (1) © 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?”
This proposed amendment would limit the constitutional powers of the Wisconsin state governor by barring them from using their partial veto power to create and/or increase any tax or fee. It would not, however, bar them from decreasing any tax or fee. This amendment was originally proposed after Governor Tony Evers, in 2023, used the governor’s partial veto powers to raise school revenue limits by $325 a year for 400 years. The veto raises annual revenue limits, not any specific tax or fee.
State of Wisconsin Freedom to Gather in Places of Worship During an Emergency Referendum – 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?”
Voting in favor of enshrining this amendment means that the state, or a political subdivision of the state, cannot bar people from gathering within a religious institution during a state of emergency, similar to the state of emergency issued during COVID-19. In addition, this would protect religious institutions from state-wide mandated restrictions on gatherings. If this amendment were to be enshrined, and people were able to gather at a religious institution during a public health emergency (despite the presence of other public state-wide mandates), the health and safety of those people could be at risk.
State of Wisconsin Governmental Entity Discrimination Prohibited Referendum – 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?”
Both Wisconsin state law and federal law already prohibit discrimination by government entities. This proposed amendment would not allow any governmental entity to give preferential treatment, or in other words, preference, special treatment, or benefits, to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public entities in matters concerning employment, education, contracting or administration.
Instead, this would focus on eliminating actions that give preferential treatment to individuals or groups who lack representation and who may face systematic barriers. Examples of what may be considered preferential treatment include, but are not limited to, health programs that address differing rates of illness and mortality for different groups like women, social support programs that operate shelters for the homeless and survivors of domestic violence, and curriculum that includes material related to diversity. Giving preferential treatment to people on the basis of sex may also eliminate protection (which may be considered special treatment) of gay marriage.
This was included in MKZine!
“MKZine: Student Voter Guide” – Volume 1, Issue 2 – October 2026
“MKZine: Student Voter Guide” is available for viewing online here: https://uwmpost.com/special-projects/mkzine/mkzine-student-voter-guide
You need to correct the article. You have the explanation for Questions 1 and 3 inverted. That detracts from the intended purpose of the article, for which I thank you.
Hi Kraig,
Thank you for bringing this to our attention! This has been corrected.