Three statewide referendums, including a pair of amendments to the state Constitution that give judges more options for keeping people arrested for violent crimes in custody pending trial and a nonbinding question related to work search requirements for some benefit recipients, cruised to easy victories Tuesday.
The Associated Press called all three statewide ballot questions about an hour after polls closed Tuesday. All three secured at least two-thirds of votes cast.
The constitutional change, which passed the Legislature in two consecutive sessions as a single measure, came before voters as two questions because they concern related but separate issues: one involves the conditions under which a person may be released from custody, while the second expands the criteria judges may use in setting cash bail.
Currently, defendants may be eligible for release under conditions aimed at protecting the public from “serious bodily harm.” The first question changes that standard to just “serious harm.” The measure was supported by 66.6% of voters, according to The Associated Press.
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Under current law, judges may only require cash bail if “there is a reasonable basis to believe that the conditions are necessary to assure appearance in court,” not to keep defendants from engaging in potential future criminal activity.
The second question dramatically expands that authority, allowing a judge to impose cash bail on someone accused of a violent crime “based on the totality of the circumstances, including the accused’s previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses.”
The second measure was supported by 67.5% of voters.
In preparation for Tuesday’s vote, the Republican-controlled Legislature last month passed a bill clarifying that judges can consider dozens of defendants’ past “violent crime” convictions, from reckless homicide to intimidating a witness by use of force, when they set cash bail.
The Assembly approved the bill 67-30, with five Democrats in favor. The Senate approved the measure 20-11, with Sen. Brad Pfaff, D-Onalaska, in favor. The bill has been sent to Evers, who has not indicated whether he plans to sign or veto it.
Despite some bipartisan support, some Democrats said the proposed definition is too broad. Both Wisconsin Supreme Court candidates said they supported the constitutional amendment.
Another question on the spring ballot asked voters: “Shall able-bodied child-less adults be required to look for work in order to receive taxpayer-funded welfare benefits?” Despite being the only nonbinding statewide question on the ballot, the measure received support from more than 78% of voters.
While nonbinding, legislators may use voters’ response to advance their political aims, but the vote itself will not change anything.
State law already requires those receiving unemployment benefits to conduct at least four work-search actions each week in order to receive benefits.
Inside the battle over the upcoming 2-year Wisconsin budget
Over the next several months, the Republican-led Legislature and Democratic Gov. Tony Evers will battle their way through the the 2023-25 biennial budget process as the state has a projected surplus of more than $7 billion.
Evers has called for a 10% tax cut for individuals earning $100,000 or less a year and married filers making $150,000 or less.
The governor's budget proposal is all but certain to receive pushback from legislative Republicans, who have championed the need to implement a flat income tax in Wisconsin.
Evers on Tuesday also unveiled proposals to cut taxes, increase local government funding, spend more than $100 million to deal with PFAS contamination and support child care providers.
Around a third of students across Wisconsin feel sad and hopeless almost every day, according to the Office of Children's Mental Health.
Wisconsin's latest fiscal outlook projects the state will wrap up the current fiscal year with about half a billion dollars more than previous projections.
The two top options being discussed are adjusting the state's income tax to benefit middle class earners or eliminating the current tax and creating a 3.25% flat tax.
Evers will unveil his formal budget request on Feb. 15. From there, the Republican-controlled budget committee will rewrite the document before sending it back to the governor.
Of the more than 4.2 million licensed drivers in Wisconsin, 770,000 had at least one OWI citation or conviction as of the end of 2021.