The midterm election is coming on November 3, 2026, and there are three binding referendum questions on the ballot. These ballot questions would change the Wisconsin Constitution if they pass.
The ACLU of Wisconsin opposes the anti-equity amendment, Question 3. Your vote matters, and here’s why you should vote no.
Question 3: Anti-Equity Amendment
Here’s Question 3 as it appears on your ballot:
“Governmental Entity Discrimination Prohibited: Shall section 27, article 1 of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”
If this amendment is passed, it would eliminate the equity-based civil rights gains Wisconsin has made over the last 60 years.
Misleading Voters
The question is framed as a remedy to discrimination, but it would actually make it harder for the government to remedy discrimination.
Discrimination is already illegal, and no matter our race, zipcode, or background, Wisconsinites know that our state is strongest when we build opportunities. This anti-equity amendment takes away our government’s tools to address disparities and ensure fair access to opportunity, in areas such as:
- Public education programs
- Public employment
- Public contracting
- Community assistance programs
- Workforce initiatives
- Health-related equity efforts
Equity means ensuring everyone has a fair opportunity to succeed. Most Wisconsinites believe that no matter our background or race, or whether we live in a rural village or a big city, we all deserve an equal shot. However, some politicians are trying to stir up disinformation and division, rather than actually passing policies that improve our lives.
Changing Our Constitution
Think of Wisconsin’s Constitution as the basic rules for how our state government works and the rights it must protect.
State laws are where lawmakers generally make specific policy choices. Those choices can be updated, changed, or repealed as circumstances change. A constitutional amendment is different.
Once voters add something to the Wisconsin Constitution, a future Legislature cannot simply pass a new law to change it. Changing the Constitution can lock policy in for the long term, even if problems, unintended consequences, or changing circumstances emerge later.
The Wisconsin Constitution is the state’s highest legal authority. Constitutional amendments are intended for fundamental rules governing state government and individual rights. Unlike ordinary laws, constitutional provisions are much more difficult to change because they require another constitutional amendment approved by voters.
Don’t Let Them Divide Us
We’ve seen this before. Politicians are pitting working Wisconsinites against one another while they line their pockets.
This time, legislators are pushing a racist and harmful anti-equity amendment that would permanently change our state constitution and make it hard for the government to ensure fair access and opportunities.
Vote to protect our Constitution. Vote to protect equity. Vote NO.
Paid for by the ACLU of Wisconsin
