Governor announces budget proposal will require the Legislature to allow the people of Wisconsin to put binding referenda, constitutional amendments on the ballot

New effort aims to ensure Wisconsinites have the same power as the Legislature to propose new state laws, amend constitution through ballot initiatives

MADISON - Gov. Tony Evers today announced he will propose requiring the Wisconsin State Legislature to allow the people of Wisconsin to put binding referenda on the ballot in Wisconsin, enabling Wisconsinites to enact statutory and constitutional changes through a majority vote at the ballot box and without the Legislature’s approval. The governor’s proposal, which will be included in his 2025-27 biennial budget, 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 in other states, 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 on the ballot, leaving Wisconsinites little recourse when the Legislature fails to enact policies that have broad public support. Republican lawmakers have telegraphed plans to put four referenda on the ballot as soon as April this year, amending Wisconsin’s constitution to address issues already addressed in various ways under existing state and federal law.

“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.”

Gov. Evers’ budget proposal will require the Legislature to create a pathway for Wisconsinites to enshrine the will of the people into state law, including on issues and areas that have long been supported by a majority of Wisconsinites but have been repeatedly rejected by the Republican majority in the Legislature, including legalizing and regulating marijuana, ensuring access to safe and legal abortion, expanding BadgerCare, and enacting commonsense gun safety reform policies, among other critical priorities of statewide importance and support.

Over the course of his tenure, Gov. Evers has proposed legislation to expand BadgerCare, legalize and tax marijuana much like we do alcohol, restore Roe v. Wade and defend reproductive freedom, enact commonsense gun safety reform like “red flag” laws and universal background checks, expand paid family leave, and create a nonpartisan redistricting process, among other proposals aimed at addressing pressing statewide issues and challenges. Publicly released polling data has shown much of these policies are supported by a majority-and, in some cases, even a supermajority-of Wisconsin voters. Despite many of these proposals and policies having broad support from Wisconsinites across the state, Republican lawmakers have repeatedly rejected efforts to enact these policies, often outright refusing to even give such efforts consideration, public hearings, or debate.

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. 

However, unlike more than 20 other states in the United States, including Michigan, Illinois, and Ohio, Wisconsin’s current laws do not allow voters to change state law by referendum, and voters cannot introduce referenda or initiatives to be voted on by the people of Wisconsin. 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.”

The governor’s proposal would require the Legislature to create a statewide binding referendum process through a constitutional amendment, allowing voters to file 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.

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 habit 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. 

An online version of this release is available here.