Question 3: Government discrimination and preferencesBan on government discrimination or preference by race, sex, color, ethnicity or national origin
Read the full text of the measure: official referendum notice (PDF)
In plain words
State law and the constitution already ban many kinds of discrimination. This amendment also bans "preferential treatment" (giving someone an advantage) based on race, sex, color, ethnicity or national origin in public jobs, public schools and colleges, government contracts and government services. There are exceptions when following it would cost the state eligibility for a federal program or break federal law, and for jobs where sex is a real job requirement (a "bona fide occupational qualification"). (wausaupilotandreview.com )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Government discrimination by race, sex, color, ethnicity or national origin | Banned in many cases by state and federal law | Also banned by the state constitution |
| Government programs that give a preference on those grounds | Allowed in some cases; challenged one at a time in court | Banned by the state constitution, with federal-law exceptions |
| Examples named by supporters as likely affected | Operating | UW-Madison scholarships that consider race, Milwaukee's Office of African American Affairs, the state Supplier Diversity Program (WILL's view) |
Numbers from the official ballot title (ballot title ); also see (wausaupilotandreview.com )
Example
Biggest change
- Creates section 27 of article I: governmental entities may not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, education, contracting, or administration. source: somerswi.gov
- Exceptions: where needed to keep eligibility for a federal program or to follow federal law, and a bona fide occupational qualification exception for certain sex-based jobs. source: wausaupilotandreview.com
Who it affects most: Public employers, public schools and universities, people who receive or compete for government jobs, admissions, scholarships and contracts.
Cost to the state: Unknown. No cost estimate was found.
Our plain-words summary. Every line points to its source.
What your vote means
The constitution would ban state and local governments from giving any preference based on race, sex, color, ethnicity or national origin.
Existing laws against discrimination stay, and preference programs remain legal unless a court strikes them down one at a time.
Our one-line summary. Wisconsin does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- Republicans cited the 2023 U.S. Supreme Court decision striking down Harvard's race-conscious admissions. Arizona has a similar question on its November 2026 ballot. source: wausaupilotandreview.com
- The Legislature gave it final approval on Jan. 21, 2026: Assembly 54-45, Senate 18-15, along party lines (Republicans yes, Democrats no). source: news.ballotpedia.org
Why supporters want it
- Sen. Stephen Nass (R-Senate District 11): "Preferential treatment to any individual or group is wrong, no matter who it targets or what the reason." source: news.ballotpedia.org
- Dan Lennington, Wisconsin Institute for Law & Liberty: "We could sue them one at a time, and we have been suing them one at a time." source: wausaupilotandreview.com
Why opponents object
- Sen. Dora Drake (D-Senate District 4): "you're outlawing accountability when discrimination does occur." source: news.ballotpedia.org
- Debra Cronmiller, League of Women Voters of Wisconsin, on positions such as diversity staff in government: "In one moment, those positions could all be illegal." source: wausaupilotandreview.com
Who backs each side
- For: the Republican majority in the Legislature; Wisconsin Institute for Law & Liberty. Against: ACLU of Wisconsin; League of Women Voters of Wisconsin. No public record of campaign money for either side was found in the sources checked. source: wausaupilotandreview.com
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the official referendum notice .
Governmental entity discrimination prohibited. Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?
YES
NO
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
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Full text of the measure
Read it in the official referendum notice (PDF) .
Read more
- Type A Notice of Referendum (State), Nov. 3, 2026 (Kenosha County Clerk, posted by Village of Somers). Replace with WEC's official notice or ballot when available.
- Wausau Pilot & Review (USA TODAY Network): guide to the 3 referendums
- Ballotpedia News: worship and discrimination amendments
We link to analysis from several sources; we don't endorse it.