Article III Section 1 of the Wisconsin Constitution currently reads, “Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district.”

After Tuesday’s vote, the article will now read, “Only a United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district.”

Doesn’t this change the meaning of the statement so much that it’s no longer true that every citizen of age who is a resident is eligible to vote? Can this new language be interpreted by courts and lawmakers such that anyone can be disenfranchised if such malicious laws can be passed in the state?

  • homesnatch@lemm.ee
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    7 days ago

    A qualified elector is a different thing than a voter. Electors are those that are selected by the parties to travel and participate in the Electoral College. The voters determine which set of electors get selected.

  • Nougat@fedia.io
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    8 days ago

    Ohhhh I see now.

    “Every” says “Every member of this group has this right.”

    “Only” says “Anyone who has this right must be a member of this group,” but it doesn’t say “Every member of this group has this right.” Which means that “Some members of this group might not have this right.”

    Nice catch.

    • sp3ctr4l@lemmy.zip
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      8 days ago

      Yep.

      It would mean that a law that passes that just appends ‘and you are male’ or ‘and you are white’ now is legally valid without requiring judicial review.

  • Varyk@sh.itjust.works
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    8 days ago

    “Doesn’t this change the meaning of the statement so much that it’s no longer true that every citizen of age who is a resident is eligible to vote?”

    yep, especially in a country like the US where gerrymandering is still legal.

    “Can this new language be interpreted by courts and lawmakers such that anyone can be disenfranchised if such malicious laws can be passed in the state?”

    oh yeah, this can handily accelerate voter suppression.

  • AbouBenAdhem@lemmy.world
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    7 days ago

    Logically, yeah—it went from “all X are Y” to “no non-X are Y” (or equivalently, “all Y are X”).

  • MajorHavoc@programming.dev
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    8 days ago

    Voting in the United States has always been primarily a way to protect the power of already powerful people, and secondarily a way to ensure incremental social progress continues at a pace that doesn’t make powerful people too uncomfortable.

    A lot of things about the way things are structured in US democracy make more sense with that context, including this, I think.

    Specifically, 70% of people both eligible and motivated to vote, voted to ensure eligibility to vote is not extended. This has happened many times throughout history, and only seems odd if we accept the fib that everyone is represented.

    In the context of gerrandering, first-past-the-poll “representation”, and various other forms of disenfranchisement; it makes sense that 70% of the people allowed to actually vote, votes in favor of continuing to restrict the vote (to themselves).

    • andyortlieb@lemmy.sdf.orgOP
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      8 days ago

      The way I read it, yes they did choose to restrict the vote to themselves, but at the same time they removed the guarantee of the vote to themselves.

      The guarantee they enjoyed is no longer expressed in the constitution. Or am I missing something?

      • adarza@lemmy.ca
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        7 days ago

        no. you didn’t miss anything.

        wisconsin gonna wisconsin. voted in a diaper, twice, too. i wish i could afford to leave this state.

      • MajorHavoc@programming.dev
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        7 days ago

        The guarantee they enjoyed is no longer expressed in the constitution. Or am I missing something?

        Yeah. I’m not saying it was wise, by any means!

  • Typotyper@sh.itjust.works
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    7 days ago

    Does this also block US citizens living abroad because by definition they don’t reside in the electoral district.
    I added the bold highlight to the text from the article.

    Here’s the exact wording of the yes/no question:

    “Eligibility to vote. Shall section 1 of article III of the constitution, which deals with suffrage, be amended to provide that only a United States citizen age 18 or older who resides in an election district may vote in an election for national, state, or local office or at a statewide or local referendum?”

    • ieatpillowtags@lemm.ee
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      It would seem to do that, yes. You don’t even have to be abroad, as you could easily be stationed in a different state from your “home” residence.

      This has no effect on federal elections of course, and so I think it’s not that unreasonable to say that you only get to vote on local issues if you are living locally.

  • Ech@lemm.ee
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    8 days ago

    Doesn’t this change the meaning of the statement so much that it’s no longer true that every citizen of age who is a resident is eligible to vote?

    I don’t see how it would, but maybe I’m not seeing what you’re seeing. The eligibility of the people in the article did not change. “Only” vs “Every” still includes the same group of people.

    What did change was the explicit exclusion of people outside of those qualifiers. This could potentially make challenging votes of “questionable” voters that much more impactful or difficult to defend against, and maybe make adjusting the existing qualifiers harder (the only one I can really think of is age), but that depends on WI’s amendment process, which I don’t know.