A lawsuit filed Tuesday by Wisconsin criminal justice advocacy groups intends to keep two Republican-sponsored measures off the ballot for the upcoming general election.
The lawsuit argues the proposed measures were not submitted to the correct election officials on time, making them ineligible to appear on the April ballot, according to the Associated Press.
The first measure is a constitutional amendment that would require judges to consider more factors, such as criminal history, when analyzing a defendant’s potential risk to public safety and setting bail. The second measure is a referendum that asks voters about work-search requirements for welfare.
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WISDOM Inc. and EXPO Wisconsin, groups dedicated to fighting discrimination against incarcerated people, filed the lawsuit against the Dane County Circuit Court, according to the Associated Press. The groups are opposed to the Republican-sponsored measures.
“[The bail amendment] is actually creating a situation where people can be held without bail or with higher bail, not because of the danger they present, but just because of who they are,” WISDOM executive director David Liners said. “If you look at the wording of the amendment, it basically just uses the fact that you are someone of a previous conviction, whether or not that’s even germane to what’s going on in the case.”
WISDOM Inc. believes the bail system needs to be reformed but anticipates that this legislation will disproportionately affect people of color and low-income individuals awaiting trial, Liners said.
The concern is that this legislation gives judges the opportunity to insert bias and prejudice into bail setting, University of Wisconsin political science professor Howard Schweber said.
The other measure is a non-binding referendum, meaning that it is intended to get public feedback on the issue rather than change state law. It asks voters if able-bodied, childless welfare recipients should be required to look for work, according to the Associated Press.
“I don’t think it would have any particular impact on how public benefits get distributed,” Liners said. “[It’s] sending a dog whistle message that people who get public benefits are people who are lazy and don’t wanna work… The only purpose for that advisory referendum is to try to send a public relations message.”
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The main intention of the groups’ lawsuit is to delay voting on the measures which were recently approved in a January legislative session and the first two measures to be passed this year, according to the Associated Press. The organization also seeks to call attention to the underlying issues they see in this proposed legislation.
“The fact that the constitutional requirements for how to get a constitutional amendment on the ballot weren’t followed is indicative of the way that this process has been rushed through and really not well thought out,” Liners said. “We felt people deserve time to really think and talk about what the implications of this constitutional amendment would be and who it would harm.”
Gaining publicity for the issue is one of the only realistic hopes for blocking these matters and is likely the main goal behind WISDOM and EXPO’s lawsuit, Schweber said.
