Wisconsin voters will decide the fate of a major constitutional amendment on November 3
Sep 12, 2026, 8:00 AM CT
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Wisconsin voters will decide the fate of a major constitutional amendment on November 3, which seeks to prohibit governmental entities from discriminating against or granting preferential treatment based on race, sex, color, ethnicity, or national origin. Known as Assembly Joint Resolution 102 (AJR 102), the legislatively referred amendment has ignited a sharp debate over equity, public policy, and the role of government programs across the state.
On the ballot, a "yes" vote supports this amendment to prohibit any governmental entity from discriminating against or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration. Whereas, a "no" vote opposes the amendment and its proposed prohibitions.
If approved by voters, AJR 102 will establish Section 27 in Article I of the Wisconsin Constitution. This new section would apply broadly to state agencies, local municipalities, public school districts, the Technical College System, and the University of Wisconsin System. The measure contains specific exemptions to protect eligibility for federal programs where loss of federal funding would occur, and it allows for bona fide qualifications based on sex when reasonably necessary for normal operations.
The amendment's path to the ballot required approval in two consecutive legislative sessions. First introduced as AJR 109 in the 2023–2024 session, the proposal passed both chambers with Republican support. In the subsequent 2025–2026 session, AJR 102 cleared the State Assembly in a 54–45 vote on January 13, 2026, and passed the State Senate in an 18–15 vote on January 21, 2026. The voting patterns revealed a stark partisan divide, with all legislative Republicans voting in favor of the measure and all legislative Democrats voting in opposition.
Proponents of the amendment, led by lead author Representative Dave Murphy and co-sponsor Senator Stephen Nass, argue that government-sponsored preferences are inherently wrong. Supporters contend that past injustices cannot be corrected through modern discrimination and that public employment, contracting, and education should be administered on a colorblind basis. Organizations like the Wisconsin Institute for Law & Liberty have also backed the amendment.
Conversely, opponents argue that the amendment will severely undermine efforts to study and address systemic disparities in Wisconsin. Senator Chris Larson expressed concern that the ban would make addressing unequal life outcomes significantly harder to achieve. Senator Dora Drake criticized the measure as an effort to eliminate historically bipartisan programs and guardrails, noting that the authors did not conduct research on existing programs before proposing the constitutional change.
Adam Hess has been involved in radio broadcasting since 1990, with many of those years spent on the air at WRCO FM in Richland Center. Currently, Adam hosts the Weekend Wake-up and Prime Mover Saturdays on WRCO FM, jumps in and helps out with news duties, handles Social Media duties for WRCO and WRCE, and is the Director of Technology at a Southwest Wisconsin School District. Reach him at adam.hess@civicmedia.us.
