MADISON, Wis. (AP) — Wisconsin Gov. Tony Evers is reviving his plan to let voters repeal and create state laws without legislative involvement, this time through the state budget.
Evers told reporters Friday that the state budget he plans to unveil next month will include a mandate that legislators take up a constitutional amendment allowing voters to petition for ballot proposals to repeal state statutes and create new ones. The Democratic governor crafted a similar proposal in 2022 for voters to repeal the state’s 1849 abortion ban, but Republicans killed the plan.
Wisconsin is one of 24 states that do not provide a way for people to reject or enact statutes outside of the legislative process, according to Ballotpedia.
Evers complained during the news conference that Republicans have been ignoring the will of the people by refusing to legalize marijuana, repeal the abortion ban, implement gun control measures and increase funding for public schools. Instead, he said, the GOP has been enacting policy through constitutional amendments, denying voters a voice.
Constitutional amendments must pass two consecutive legislative sessions and a statewide referendum to take effect. The governor plays no role in the process.
Republicans have asked voters to approve seven amendments since 2010, according to data from the University of Wisconsin Law School’s State Democracy Research Initiative. Voters ratified three in 2024 alone, including two in April to restrict use of private money in election administration and one in November that prohibits foreign nationals from voting. Republicans could put another amendment to voters in April’s elections that would cement voter identification requirements.
“Republican lawmakers are going to continue to try to legislate by constitutional amendment,” Evers said. “Then they should give Wisconsinites the same opportunity that 26 other states have.”
Evers called a special legislative session in September 2022 to approve a constitutional amendment similar to his latest proposal. He promoted it as a way to repeal the abortion ban and ensure abortion remained legal in Wisconsin after the U.S. Supreme Court reversed its landmark Roe v. Wade decision.
The governor was in the midst of a reelection campaign against Republican challenger Tim Michels at the time and was working to turn the race into a referendum on abortion, a winning issue for Democrats that year. Republican legislators countered by convening and ending the special session in less than 30 seconds.
The budget mandate would trigger a first consideration for Evers’ amendment. The governor’s spokesperson, Britt Cudaback, said lawmakers could choose to vote again in the next session or Evers could mandate a second consideration in the 2027-2029 budget if he runs again and wins a third term next year, she said.
All that likely won’t matter.
After Evers introduces the spending plan, the Republican-controlled finance committee will spend weeks revising it before sending it on to the full Senate and Assembly for approval. The committee — which typically eliminates all of Evers’ non-fiscal proposals during the first day of deliberations — almost certainly will erase the provision from the document.
