Wisconsin Republicans want to transfer more power to themselves to oversee ballot referendum language

Republicans in the Wisconsin state legislature are advancing Assembly Bill 207, which would transfer even more power to the GOP-controlled legislature for informing voters on ballot measures.

Under current law, the Wisconsin Attorney General’s office, which is currently held by Democrat Josh Kaul, is tasked with drafting nonpartisan explainers for each ballot measure or constitutional amendment that goes in front of voters. These explanatory statements are distributed to citizens through various campaign fliers, ads and internet posts. AB 207 would amend current law and transfer the power of writing these explainers to the state legislature. Although the bill calls for the statement to be written in “plain language,” the text does not explicitly define what that constitutes.

During a hearing of the Assembly Committee on Campaigns and Elections on Tuesday, Green County Clerk Arianna Voegeli spoke against the bill, and she voiced concerns about partisan campaign messaging leaking into what is supposed to be a neutral process.

“Voters absolutely deserve impartial and accurate information, not campaign messaging embedded in official election materials,” Voegeli said. “If legislators are responsible for crafting the explanation of the proposed amendments in the effect of a ‘yes’ or ‘no’ vote, it opens the door to biased framing that could influence voters.”

Voegeli suggested keeping the attorney general’s office involved in the process but to also set a 15-day deadline for the Department of Justice to prepare the explanatory statement; she argued that would balance the need for timely and impartial statements. Voegeli also acknowledged that the current process isn’t perfect, but that transferring the power to the people who are writing bills could be problematic.

Rep. David Murphy (R-Greenville), one of the bill’s 24 Republican co-sponsors, argued that the bill is better than the current system.

“I think the question before us is about whether the current system is working, and whether we can make it better,” Murphy said. “Because I don’t think we’re going to make it perfect. And so, then the question then becomes, ‘Is this better than what we have right now?’ I think this is better than what we have right now.”

Republican-controlled state legislatures have been working to undermine direct democracy pathways like ballot measures in recent years. In Missouri, Republicans have worked to repeal reproductive rights, minimum wage increases and paid sick leave guarantees that voters approved last November.

A Republican-written bill to restrict the ability for courts to revise misleading ballot language was also signed by Gov. Mike Kehoe (R) last month.

And in Ohio, Republicans used the partisan slant of the state’s Ballot Board last year to purposefully craft confusing language for an anti-gerrymandering measure, which then lost.

Efforts similar to AB 207 are being pursued by Republican lawmakers in Ohio, North Dakota, Oklahoma and Arkansas.