MADISON – Wisconsin voters in April will decide whether to amend the state constitution to include the state law requiring voters to show photo identification while casting ballots — a move Republicans are hoping will protect the law from being overturned by a liberal-controlled state Supreme Court.

Assembly lawmakers on Tuesday approved a resolution 54-45 to ask voters in the April 1 election to approve the photo ID amendment. The vote was the last hurdle in a two-year process to amend the state constitution and will put the question to voters in the same election they will decide partisan control of the state’s highest court.

State laws already require voters to show photo identification, but the measure now moves the question to voters in a statewide referendum on the spring election ballot. If passed, the rule will be included in the Wisconsin Constitution.

Adding the voter ID requirement to the constitution would make it more difficult for the state Supreme Court to declare it unconstitutional. It also would be harder for Democrats to repeal the law if they gain control of the Legislature in future years.

The implementation of the state law that requires voters to show photo identification increased ballot security, Republican authors argue, but the side effects have disproportionately hit Black voters in Milwaukee who are more likely not to have a photo ID and less inclined to seek one than their white peers, experts and advocates say.

Thirty-six states have laws requesting or requiring voters to show some form of identification at the polls, according to the National Conference of State Legislatures. The remaining 14 states and Washington, D.C., use other methods to verify the identity of voters. 

A national poll conducted by Pew Research Centers in January 2024 showed broad support — 81% — for the idea of requiring voters to show government-issued IDs to vote.

To obtain a state ID card, voters must complete an application at a DMV customer service center, where they are required to provide proof of name and birth (through a birth certificate, passport or certificate of naturalization), Wisconsin residency, U.S. citizenship and their Social Security number.

Advocates have said the difficulty in obtaining a birth certificate can be among the bigger hurdles for some in acquiring an ID.

Since the state’s voter ID law survived legal challenges and went into effect for the 2016 presidential election cycle, a host of advocacy groups have emerged to study and help voters navigate the law.

Their findings show a drop in accessibility that began in 2012, when Republicans took control of state government, and accelerated after the voter ID law became practice.

If approved by Wisconsin voters, the amendment would still let lawmakers decide what types of photo ID are acceptable and create exceptions. Voters who don’t have a photo ID when they go to the polls could still cast a provisional ballot, which is counted after they return to their clerk with their ID.If voters reject the amendment, the state will still require photo ID to vote under existing laws.

Molly Beck can be reached at molly.beck@jrn.com.