III,1 Electors. Section 1. [As amended Nov. 1882, Nov. 1908, Nov. 1934; repealed April 1986; created April 1986] Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov. 1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R. 91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April 1986]

The legislature can amend the current election statutes, without referendum, so as to make the statutes conform with the 26th amendment to the U.S. Constitution. 61 Atty. Gen. 89.

A proposal to amend a statute to allow nonresident property owners to vote on metropolitan sewerage district bonds, in addition to electors, probably would require the proposal to be submitted to a vote of the electorate under sec. 1. 63 Atty. Gen. 391.

Even rational restrictions on the right to vote are invidious if they are unrelated to voter qualifications. However evenhanded restrictions that protect the integrity and reliability of the electoral process itself are not invidious. An Indiana statute requiring citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government did not violate constitutional standards. Crawford v. Marion County Election Board, 553 U. S. ___, 170 L. Ed. 2d 574, 128 S. Ct. 1610 (2008).

Constitutional law: residency requirements. 53 MLR 439.

III,2 Implementation. Section 2. [As repealed April 1986; created April 1986] Laws may be enacted:

III,2(1) (1) Defining residency.

III,2(2) (2) Providing for registration of electors.

III,2(3) (3) Providing for absentee voting.

III,2(4) (4) Excluding from the right of suffrage persons:

III,2(4)(a) (a) Convicted of a felony, unless restored to civil rights.

III,2(4)(b) (b) Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside.

III,2(5) (5) Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]

Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 U.S. 24.

III,3 Secret ballot. Section 3. [As repealed April 1986; created April 1986] All votes shall be by secret ballot. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]

III,4 Residence saved. Section 4. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]

III,5 Military stationing does not confer residence. Section 5. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]

III,6 Exclusion from suffrage. Section 6. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
Wisconsin Constitution updated by the Legislative Reference Bureau. Published August 13, 2020. Click for the Coverage of Annotations for the Annotated Constitution. Report errors at 608.504.5801 or lrb.legal@legis.wisconsin.gov.