2025 - 2026 LEGISLATURE LRB-0635/1
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2025 SENATE JOINT RESOLUTION 2
January 6, 2025 - Introduced by Senators WANGGAARD, BRADLEY, CABRAL-
GUEVARA, FELZKOWSKI, FEYEN, HUTTON, JACQUE, JAGLER, JAMES, KAPENGA,
MARKLEIN, NASS, QUINN, STAFSHOLT, TESTIN, TOMCZYK, WIMBERGER and
LEMAHIEU, cosponsored by Representatives SNYDER, DONOVAN, ALLEN,
ARMSTRONG, AUGUST, BEHNKE, BORN, BROOKS, CALLAHAN, DALLMAN,
DITTRICH, DUCHOW, GOEBEN, GREEN, GUNDRUM, GUSTAFSON, HURD,
JACOBSON, K ITCHENS, KNODL, KREIBICH, KRUG, MAXEY, MELOTIK, MOSES,
MURPHY, MURSAU, NEDWESKI, NEYLON, NOVAK, O'CONNOR, PENTERMAN,
PETERSEN, PIWOWARCZYK, SORTWELL, SPIROS, STEFFEN, SUMMERFIELD,
SWEARINGEN, TITTL, TUCKER, TUSLER, VOS, WICHGERS, WITTKE, ZIMMERMAN,
KAUFERT, RODRIGUEZ and KURTZ. Referred to Committee on Judiciary and
Public Safety.
***AUTHORS SUBJECT TO CHANGE***
To create section 1m of article III of the constitution; relating to: requiring
photographic identification to vote in any election (second consideration).
Analysis by the Legislative Reference Bureau
EXPLANATION OF PROPOSAL
This proposed constitutional amendment, to be given second consideration by
the 2025 legislature for submittal to the voters in April 2025, was first considered
by the 2023 legislature in 2023 Senate Joint Resolution 73, which became 2023
Enrolled Joint Resolution 9.
This constitutional amendment provides that a qualified elector may not vote
in any election unless the elector presents photographic identification issued by this
state, by the federal government, by a federally recognized American Indian tribe or
band in this state, or by a college or university in this state, that verifies the
elector’s identity. Acceptable forms of photographic identification must be specified
by law. The amendment authorizes the legislature to pass laws establishing
exceptions to the photographic identification requirement. Additionally, if an
elector is unable to present valid photographic identification before voting on
election day, the elector must be given the opportunity to cast a provisional ballot
and present valid photographic identification at a later time and place, as provided
by law.
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PROCEDURE FOR SECOND CONSIDERATION
When a proposed constitutional amendment is before the legislature on
second consideration, any change in the text approved by the preceding legislature
causes the proposed constitutional amendment to revert to first consideration
status so that second consideration approval would have to be given by the next
legislature before the proposal may be submitted to the people for ratification [see
joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on second
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
Whereas, the 2023 legislature in regular session considered a proposed
amendment to the constitution in 2023 Senate Joint Resolution 73, which became
2023 Enrolled Joint Resolution 9, and agreed to it by a majority of the members
elected to each of the two houses, which proposed amendment reads as follows:
SECTION 1. Section 1m of article III of the constitution is created to
read:
[Article III] Section 1m (1) No qualified elector may cast a ballot in
any election unless the elector presents valid photographic identification
that verifies the elector’s identity and that is issued by this state, the
federal government, a federally recognized American Indian tribe or
band in this state, or a college or university in this state. The legislature
shall by law establish acceptable forms of photographic identification,
and the legislature may by law establish exceptions to the requirement
under this subsection.
(2) A qualified elector who is unable to present valid photographic
identification on election day shall be permitted to cast a provisional
ballot. A provisional ballot may not be counted unless the elector
presents valid photographic identification at a later time and place as
provided by the legislature by law.
SECTION 2. Numbering of new provision. If another
constitutional amendment ratified by the people creates the number of
any provision created in this joint resolution, the chief of the legislative
reference bureau shall determine the sequencing and the numbering of
the provisions whose numbers conflict.
Now, therefore, be it resolved by the senate, the assembly concurring,
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SECTION 2
That the foregoing proposed amendment to the constitution is agreed to by the
2025 legislature; and, be it further
Resolved, That the foregoing proposed amendment to the constitution be
submitted to a vote of the people at the election to be held on the first Tuesday of
April 2025; and, be it further
Resolved, That the questions concerning ratification of the foregoing
proposed amendment to the constitution be stated on the ballot as follows:
QUESTION 1: “Photographic identification for voting. Shall section 1m of
article III of the constitution be created to require that voters present valid
photographic identification verifying their identity in order to vote in any election,
subject to exceptions which may be established by law?”
(END)