Question 3: Governmental entity discrimination prohibited.

BALLOT LANGUAGE

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? 

WHAT IT MEANS

Yes

A “Yes” vote would amend the Wisconsin Constitution to prohibit state governmental entities from discriminating against, or granting preferential treatment to, any person or group on the basis of race, sex, color, ethnicity, or national origin in the areas of public employment, education, contracting, and administration. 

No

A “No” vote would keep the current language of the Wisconsin Constitution which does not prohibit state governmental entities from discriminating against, or granting preferential treatment to, any person or group on the basis of race, sex, color, ethnicity, or national origin in the areas of public employment, education, contracting, and administration. 

ARGUMENTS FOR AND AGAINST

Yes

"If approved by the Legislature and then the voters in 2026, this constitutional amendment would explicitly prohibit any form of race discrimination in public employment, education, contracting, and administration. This amendment would also ban government-sponsored preferential treatment based on race: affirmative action, racial quotas or goals, racial balancing, and race-conscious programs under the label of Diversity, Equity, and Inclusion (DEI) (or more recently, “Inclusion and Belonging”).  

The United States Constitution and the Wisconsin Constitution are built on a foundation of racial equality. No one may be granted a preference or denied a benefit based on race. All laws must be colorblind to ensure the American Dream for all individuals; otherwise, America will devolve into a racialized society with some racial groups punishing others based on perceived historical grievances. That’s not the American Dream, but a nightmare of violence, poverty, and oppression.  

Despite the clear and unequivocal mandate of legal equality in our state and federal constitutions, race-based programs, quotas, and preferences persist both at the state and local levels. These programs hurt Wisconsin individuals and businesses every day. Rooting out this racial discrimination will take a lot of work, but a constitutional amendment will go a long way to advance the cause of equality.  

In August 2023, we released a report—the Equality for All Agenda—that identified about twenty specific state laws and another twenty agency programs that discriminate based on race. These discriminatory laws and programs include grants, loans, scholarships, healthcare benefits, drug treatment, busing, housing, and employment opportunities.

While current caselaw clearly indicates race discrimination is already unconstitutional under Wisconsin law, a specific constitutional amendment is necessary to call attention to the pervasive and existing practices that persist in our state and local governments. 

The tide is clearly turning towards race neutrality and away from race-based DEI and affirmative action. At least 20 states have banned DEI in the government setting, and 28 states have banned DEI in the educational setting. Six states explicitly banned affirmative action through constitutional amendment or statewide referendum. 

Public opinion strongly supports equality. A recent poll by the Wisconsin Institute for Law & Liberty indicates that over 60% of likely Wisconsin voters support the Equality Amendment, including 65% of Democrats. Similar nationwide polls from Marquette University indicate that 77% of Americans support ending race-based affirmative action, including 63% of African Americans, 73% of Hispanic Americans, and 64% of Democrats. 

WILL strongly supports this proposed amendment to make explicit what we already know: all Americans deserve to be treated equally by their government." - Dan Lennington, Vice President and Deputy Counsel, Wisconsin Institute for Law & Liberty 

No

"As organizations committed to protecting the rights of all Wisconsinites, we write against the harmful constitutional amendment on the November ballot. We strongly urge voters to oppose this amendment and vote no. 

Most Wisconsinites believe that no matter our background, race, or whether we live in a rural village or big city, we all deserve an equal shot. However, some politicians are trying to stir up disinformation and division. Instead of passing policies that help Wisconsin families, like raising the minimum wage, improving healthcare access, or funding our schools, legislators pit us against one another. 

The Wisconsin Constitution is the foundation of our state, meant to protect and reflect our shared values and progress. Constitutional amendments shouldn’t be a tool for partisan gamesmanship and division. 

Let's be clear: Discrimination is illegal in Wisconsin. So what would this amendment do? It would limit our governments’ ability to use certain policies and programs intended to remedy longstanding disparities based on race, sex, ethnicity, or national origin. 

We should be working together to build opportunities, not tear them down. 

We believe in amendments that truly serve the public good—amendments that give Wisconsinites more power in shaping their government and foster a democracy that works for everyone. For example, a recently proposed citizen-led ballot initiative process deserves serious consideration. Such a reform would empower the people of Wisconsin to have a greater say in shaping policies that impact their lives, rather than leaving those decisions in the hands of a few. 

We call on voters to reject amendments that limit their rights and the tools their governments use to advance equity and opportunity. 

Wisconsin deserves better. Let's stop changing our constitution for political gain and start using it to make our state stronger, fairer, and more inclusive." - Organizations Opposed to Question 3 

ENDORSEMENTS

Yes

Tom Tiffany (Conservative)

Dave Murphy (Conservative)

Steve Nass (Conservative)

Wisconsin Institute for Law & Liberty (Conservative)

Republican Party of Wisconsin (Conservative)

No

Citizen Action of Wisconsin (Liberal)

Chris Larson (Liberal)

Dora Drake (Liberal)

Wisconsin Democracy Campaign (Liberal)

ACLU of Wisconsin (Liberal)

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

WISCONSIN QUESTION 3, PROHIBIT GOVERNMENT DISCRIMINATION OR PREFERENTIAL TREATMENT AMENDMENT (2026)

This question is on the ballot in Wisconsin as a legislatively referred constitutional amendment on November 3, 2026. As of October 28, 2026, no committee to support the amendment has been identified. Thus, there is no record of funds raised to support the amendment.

No

WISCONSIN QUESTION 3, PROHIBIT GOVERNMENT DISCRIMINATION OR PREFERENTIAL TREATMENT AMENDMENT (2026)

This question is on the ballot in Wisconsin as a legislatively referred constitutional amendment on November 3, 2026. As of October 28, 2026, no committee to oppose the amendment has been identified. Thus, there is no record of funds raised to oppose the amendment.

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