Article III Section 1 of the Wisconsin Constitution currently reads, “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.”
After Tuesday’s vote, the article will now read, “Only a 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.”
Doesn’t this change the meaning of the statement so much that it’s no longer true that every citizen of age who is a resident is eligible to vote? Can this new language be interpreted by courts and lawmakers such that anyone can be disenfranchised if such malicious laws can be passed in the state?
No. These laws are meant to deny noncitizens from voting because they have been legally allowed to vote in local elections in California, DC, Maryland, New York, and Vermont.
It makes perfect sense to allow non-citizens to vote in state and local elections where the outcome of those elections will impact those people.
What this does is disenfranchise legal non-citizens, and prevent those people who live in those places from having a say in how those places are run.
Which is fine, if the state wants to do it that way. It just feels like kind of a dick move.
If the new wording was appended to the statement instead of replacing it, I would agree with you.
But the word “every” is a guaranteed inclusion (while not explicitly excluding anyone), while “only” is a guaranteed exclusion (while not explicitly including anyone).
For a dumb example, my chili recipe says “every type of bean may be used”, I can put black beans and pinto beans in it, and no one can tell me otherwise. But if I change it to “only beans may be used”, that is more open to further restrictions by later stipulations.
“Do not use pinto beans” is in direct contradiction with “every type of bean may be used”.
“Do not use pinto beans” is actually not a contradiction with “only beans may be used”.
What I’m seeing with the new language is that a new law saying something like “Students who continue to live with their parents are not permitted to participate in elections” is actually permissible and not in contradiction with the statement "Only a 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.”
At least according to the constitution. Prior to Nov 5, it would be unconstitutional in WI to pass such a law, that’s no longer the case.
I see what you’re saying but it is hard to worry about a hypothetical misinterpretation. If you see this happening then you’ll have to vote but until then there’s nothing there.
It’s easy to worry about it, when the change wasn’t even necessary and has no effect if we’re to believe it was written in good faith.
Closing loopholes is worthwhile, even if they’re not being abused yet. You say “if you see this happening, then you’ll have to vote”, but that thing that may happen is people being denied the right to vote. So if this starts to happen, it may be impossible to undo with voting.
Case in point, this amendment pretended to close a loophole which didn’t even exist. Wisconsin law already prohibited non citizens from voting. It does not pass the smell test, being as haphazardly written as it is now.
To be clear, I know what we’re told the amendment is meant to do. I’m concerned about an unwanted gap in the choice of language it created.