2025 - 2026 LEGISLATURE
LRB-2759/1
CMH:emw
April 29, 2025 - Introduced by Senators Smith, Larson, Spreitzer, Dassler-Alfheim, Drake, Hesselbein, L. Johnson, Keyeski, Pfaff, Ratcliff, Roys, Wall, Habush Sinykin, Carpenter and Wirch, cosponsored by Representatives Subeck, Sheehan, Anderson, Andraca, Arney, Bare, Billings, Brown, Clancy, Cruz, DeSanto, DeSmidt, Doyle, Emerson, Fitzgerald, Goodwin, Haywood, Hong, Hysell, J. Jacobson, Joers, Johnson, Madison, Mayadev, McCarville, McGuire, Miresse, Moore Omokunde, Neubauer, Ortiz-Velez, Palmeri, Phelps, Prado, Rivera-Wagner, Roe, Sinicki, Snodgrass, Stroud, Stubbs, Taylor, Tenorio, Udell, Vining and Kirsch. Referred to Committee on Senate Organization.
SJR38,1,1
1Relating to: an advisory referendum on an amendment to the U.S. Constitution. Analysis by the Legislative Reference Bureau
In the case of Citizens United v. F.E.C., the U.S. Supreme Court ruled that corporations are “persons” for the purpose of political speech, thus allowing corporations to make unlimited expenditures in political campaigns. The U.S. Constitution grants Congress the power to propose amendments to the Constitution that become effective when ratified by the legislatures of three-fourths of the states. Amendments can have the effect of overturning—in effect repealing—prior decisions of the Supreme Court. This resolution places a question on the November 2026 ballot to ask the people if Congress should propose an amendment to overturn Citizens United v. F.E.C.
SJR38,1,42Resolved by the senate, the assembly concurring, That the following 3question be submitted, for advisory purposes only, to the voters of this state at the 4general election to be held in November 2026: SJR38,2,25Question 1: Overturning Citizens United. “The U.S. Supreme Court’s 6decisions in Citizens United and related cases allow unlimited spending to influence 7local, state, and federal elections. To allow all Americans to have an equal say in
1our democracy, shall Wisconsin’s congressional delegation support, and the 2Wisconsin Legislature ratify, an amendment to the U.S. Constitution stating: SJR38,2,431. Only human beings are endowed with constitutional rights—not 4corporations, unions, nonprofit organizations, or other artificial entities; and SJR38,2,652. Money is not speech, and therefore limiting political contributions and 6spending is not equivalent to limiting political speech?”
