Republicans Ignore Evers Plea for Citizens Lawmaking

Robin Vos and Devin LeMahieu

Democratic Gov. Tony Evers will lose his first fight with the new Legislature, still controlled by Republicans, who will again ignore his plan for Wisconsin to become the 25th state with citizen initiatives or direct democracy. Citizen initiatives enable voters to propose and enact constitutional amendments and new laws without approval by governors or legislators.

Although Evers vows to propose that constitutional change when he gives the Legislature his two-year state budget next month, Republican legislative leaders say it’s a waste of time.

“Dead on arrival,” Assembly Speaker Robin Vos told reporters. “It’s not going to happen.”

Senate Majority Leader Devin LeMahieu said Republicans plan to again strip all non-spending policy items – including the request for a citizens’ initiative process  – from the governor’s proposed budget.

“Instead of proposing a laundry list of policy items, the Governor should be focusing his effort on using the state surplus to address rising costs,” LeMahieu said.

Evers cites what he says is an unfair double standard: Republicans have repeatedly put their constitutional changes before voters but denied those same voters a chance to bypass governors and lawmakers and directly make the changes they want.

“Republican lawmakers … are set to add yet another constitutional amendment to the ballot while telling Wisconsinites they can’t have that same power,” Evers said, responding to Vos.

“If Republicans are going to continue to legislate by constitutional amendment, then they should be willing to give Wisconsinites that same opportunity,” Evers added. “Pretty simple stuff.”

Last week, the Senate approved a constitutional change requiring a photo ID to vote, and Assembly Republicans promise to do the same this week, putting the change before voters on the April 1 general election. No Democratic senator voted for the amendment.

Having a photo ID to vote is now a state law, passed after Republicans took control of the Legislature in 2011, which could be invalidated by the state Supreme Court or future lawmakers and governors.

Before going to voters, constitutional amendments must be recommended by two successive sessions of the Legislature. The photo ID amendment was first approved during the 2023-24 session.

Republican legislators put five constitutional amendments before voters last year – the most in more than 40 years. Three of those passed, but voters killed two that would have reduced the governor’s powers over state spending.

Evers has called seven special sessions of the Legislature since taking office in 2019 on issues that include tougher gun-control laws, abortion rights, funding K-12 schools and expanding Medicaid to more middle-income residents. Polls show majority support for some of those issues, Evers insists.

Although Republicans ignored those special-session requests, they are circulating several other constitutional changes — including limiting the veto authority of governors — that could go before voters in the next two years.

Adding a citizen initiative can’t be done over night. It would require the same constitutional amendment process that Republicans have used, so it would take at least three years to be adopted.

The National Conference of State Legislatures, which monitors how citizen initiatives work in states that have them, offers this summary:

“Most states require proponents of a proposed law to follow guidelines. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing an initiative.”

NCSL’s summary of laws in other states shows the complex questions that would have to be resolved before any Wisconsin citizens’ initiative could go before voters.

Would, for example, the process be allowed for both constitutional amendments and laws, or just changes to the state Constitution?

What number of signatures would be required to force a statewide vote? Michigan’s 1908 law requires that 5% of votes cast at the last general election for governor, for example. But the 1970 Illinois law requires that signatures total 8% of votes cast at the last gubernatorial election.

Another question is what deadlines – how many days before an election or after a legislative session ends – would advocates of a citizens’ initiative have to file petitions seeking a statewide vote? And what – if any – campaign finance laws would apply to a citizens’ initiative effort?

But those are merely technicalities at this point. Given Republicans’ opposition, and the number of other controversial issues pending in the Capitol, don’t expect the citizens’ initiative plan to even get a public hearing.

Steven Walters started covering the Capitol in 1988. Contact him at stevenscotwalters@gmail.com