Wisconsin Prohibit Government Closure of Places of Worship During Emergencies Amendment (2026)

Wisconsin Prohibit Government Closure of Places of Worship During Emergencies Amendment
Election date November 3, 2026
Topic Constitutional rights and Religion-related policy
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Wisconsin Prohibit Government Closure of Places of Worship During Emergencies Amendment is on the ballot in Wisconsin as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports this amendment to prohibit the state or any political subdivision from ordering the closure of or forbidding gatherings in places of worship in response to a state of emergency, including public health emergencies.

A "no" vote opposes this amendment to prohibit the state or any political subdivision from ordering the closure of or forbidding gatherings in places of worship in response to a state of emergency, including public health emergencies.

Overview

What would AJR 10 do?

See also: Text of measure

The amendment, Assembly Joint Resolution 10 (AJR 10), would prohibit the state or any political subdivision, such as cities and counties, from ordering the closure of, or forbidding, gatherings in places of worship in response to a state of emergency, including a public health emergency.

What constitutes a state of emergency in Wisconsin?

See also: Background

Under Wisconsin Statute 323.10, the governor may issue an executive order declaring a state of emergency for the state or any portion of the state if they determine that an emergency from a disaster or an imminent threat of a disaster exists.

The governor can also make the same determination for public health emergencies and can issue an executive order declaring a state of emergency related to public health. The governor is also authorized to designate the Department of Health Services as the lead state agency to respond to that emergency.

Who supports and opposes AJR 10?

See also: Support and Opposition

In the Wisconsin State Assembly, the amendment was passed by a vote of 56-43. In the Wisconsin State Senate, the amendment was approved by a vote of 18-15. Votes in both chambers were largely along party lines, with Republicans supporting the amendment and all but two Democrats opposing it.

Speaking in support of AJR 10, State Rep. Ron Tusler (R-3) said, "The events of 2020 exposed a troubling inconsistency in how we apply constitutional rights. While liquor stores, bars, and casinos remained open under the label of 'essential,' houses of worship were shuttered, even when their leaders followed the same or stricter health protocols. This disparity sent a damaging message that faith, and those who practice it, are somehow less important or less worthy of protection."

Speaking in opposition to the amendment, State Sen. Chris Larson (D-7) stated that, "None of us want to be in a position to prevent large, meaningful gatherings of our neighbors from taking place, and thanks to virtual meeting technology, we don’t have to. We do have a responsibility as government officials to preserve the lives of our constituents to the degree that we can. AJR 10 prevents public health officers from doing their jobs, endangering countless lives in any future pandemic. To date, Wisconsin has lost nearly 19,000 lives to COVID-19. How many more might be lost in a future pandemic if this constitutional amendment passes?"

How does AJR 10 relate to the coronavirus (COVID-19) pandemic?

See also: Government responses to and political effects of the coronavirus pandemic, 2020 (Wisconsin)

At the outset of the coronavirus (COVID-19) pandemic, Gov. Tony Evers (D) declared a state of emergency on March 12, 2020.

On March 24, 2020, Evers issued Executive Order #12, directing Wisconsinites to stay at home as much as possible and non-essential businesses and operations to cease, with limited exceptions for minimum basic operations and working from home. The order was initially set to expire on April 24, 2020.

Below is a list of essential businesses per Gov. Evers and the Wisconsin Department of Health Services, which included religious gatherings with fewer than ten people:

“

What is an Essential Business or Operation Under the Order? Any business or worker identified in the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA) memo, and any subsequent version of this memo Stores that sell groceries and medicine, including bakeries, provided they: close all seating intended for consuming food; cease any self-service operations of salad bars, beverage stations, and buffets; except for grocery stores, prohibit customers from self-dispensing all unpackaged food; and abide by social distancing requirements. Food and beverage production, transport, and agriculture Restaurants and bars, for take-out and delivery service of food Organizations that provide charitable and social services, including food banks and shelters Religious entities as long as any gathering includes fewer than 10 people in a room or confined space at a time and individuals adhere to social distancing requirements as much as possible. Weddings and funerals as long as any gathering includes fewer than 10 people in a room or confined space at a time and individuals adhere to social distancing requirements as much as possible. News media Gas stations and businesses needed for transportation Financial institutions and services Hardware and supplies stores Critical trades Mail, post, shipping, logistics, delivery, and pick-up services Laundry services Supplies to work from home Supplies for essential businesses and operations and essential governmental functions Transportation to and from activities permitted in the order Home-based care and services Professional services Manufacture, distribution, and supply chain for critical products and industries Critical labor union functions Hotels and motels Higher educational institutions for purposes of facilitating distance learning, performing critical research, or other essential functions

”

Text of measure

Constitutional changes

See also: Article I, Wisconsin Constitution

The ballot measure would amend Section 18 of Article I of the Wisconsin Constitution. The following underlined text would be added:

Note: Hover over the text and scroll to see the full text.

Section 18. Freedom of Worship; Liberty of Conscience; State Religion; Public Funds

The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries; nor shall the state or a political subdivision of the state order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.

Support

Supporters

Officials

• State Asm. Ron Tusler (R)

Organizations

• Wisconsin Family Action

Arguments

• Daniel Degner, President of Wisconsin Family Action: "Sadly, in 2020, we saw the government use emergency powers to abridge the people's right to assemble in places of worship. Religious liberty is not granted by government; it is given by God and protected by our Constitution."
• State Rep. Ron Tusler (R-3): "The events of 2020 exposed a troubling inconsistency in how we apply constitutional rights. While liquor stores, bars, and casinos remained open under the label of 'essential,' houses of worship were shuttered, even when their leaders followed the same or stricter health protocols. This disparity sent a damaging message that faith, and those who practice it, are somehow less important or less worthy of protection. But our state and federal constitutions do not rank freedoms by perceived convenience. Both promise every citizen that the government will never make any law prohibiting the free practice of religion, no asterisk, no exceptions. This resolution doesn’t ask for special treatment; it asks for equal protection. It ensures that the government cannot single out religious gatherings for closure while allowing other gatherings to remain open. It doesn’t dictate how a congregation must operate, it simply says the decision to gather belongs with the faithful, not the government."

Opposition

Opponents

Officials

• State Sen. Chris Larson (D)

Organizations

• League of Women Voters of Wisconsin

Arguments

• State Sen. Chris Larson (D-07): "None of us want to be in a position to prevent large, meaningful gatherings of our neighbors from taking place, and thanks to virtual meeting technology, we don’t have to. We do have a responsibility as government officials to preserve the lives of our constituents to the degree that we can. AJR 10 prevents public health officers from doing their jobs, endangering countless lives in any future pandemic. To date, Wisconsin has lost nearly 19,000 lives to COVID-19. How many more might be lost in a future pandemic if this constitutional amendment passes?"
• League of Women Voters of Wisconsin: "The argument that an order to close places of worship in response to a state of emergency at the national, state or local level for an emergency related to public health does not infringe on the current Wisconsin Constitution which states that 'the right of every person to worship Almighty God according to the dictates of conscience shall never infringed'. Closing places of worship does not prevent any person from worshipping God, as such worship can and is practiced on an individual basis in one's own home during an emergency."

Campaign finance

See also: Ballot measure campaign finance, 2026

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through March 30, 2026. The deadline for the next scheduled reports is July 15, 2026.

As of February 6, 2026, Ballotpedia has not identified any committees registered to support or oppose the measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Existing laws related to state of emergencies

The following statutes govern the declaration and handling of a state of emergency:

• Wisconsin Statute 323.10: This statute grants the governor the authority to issue an executive order declaring a state of emergency for the state or any portion of the state if they determine that an emergency from a disaster or an imminent threat of a disaster exists. Similarly, the governor can also make the same determination for public health emergencies, issue an executive order declaring a state of emergency related to public health, and designate the department of health services as the lead state agency to respond to that emergency.
• Wisconsin Statute 252.02(3): This statute grants the department of health services the authority to close schools and forbid public gatherings in schools, churches, and other places for the purpose of controlling outbreaks and epidemics.

If passed, AJR 10 would remove the authority granted under Wisconsin Statutes 323.10 and 252.02(3) to prohibit public gatherings in churches and places of worship, regardless of whether a state of emergency or public health emergency is declared.

Ballot measures in response to the coronavirus pandemic

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic and coronavirus-related regulations

Ballotpedia is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide. Click here to see a full list of measures on the ballot related to coronavirus-related regulations.

Three states have voted on similar policies regarding gathering in places of worship and religious expression since the COVID-19 pandemic. Of these measures, two were approved, and one was defeated. The topic was last voted on in Louisiana in 2023. Louisiana Amendment 2, which added a clause to the Louisiana Constitution to provide the right to worship in a church or other place of worship, was approved with 79% of the vote in favor of it.

Ballot measures in response to the COVID-19 pandemic that covered religious gatherings and expression

Year	State	Official Title	Summary	Status
2023	Louisiana	Amendment 2	Provide a right to worship in a church or other place of worship in the state constitution, and provide that legal challenges brought against the right to be examined by strict scrutiny	a
2022	Arkansas	Issue 3	Amend the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability"	d
2021	Texas	Proposition 3	Prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations	a

U.S. Supreme Court responses to petitions about religious gatherings during the conoronavirus pandemic

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Nevada

On July 24, 2020, the U.S. Supreme Court rejected a request by a Nevada church for permission to hold in-person services in excess of COVID-19 capacity limits imposed by Gov. Steve Sisolak (D). The church, in its emergency application to the justices, sought an injunction pending appellate review that would bar enforcement of Directive 021, which would “allow the church to host religious gatherings on the same terms as comparable secular assemblies.” At issue in the case was the church’s argument that the capacity limit violated the Free Exercise Clause of the First Amendment in that it “treats at least seven categories of secular assemblies 'where large groups of people gather in close proximity for extended periods of time' better than religious services." The directive, which imposed a 50% fire-code capacity limit on places of business, such as casinos, restaurants, and movie theaters, limited gatherings at places of worship to a 50-person maximum. The court, in a 5-4 split, rejected the request. The majority made no comment, a common practice when acting on emergency applications. In a dissent, Justice Samuel Alito wrote that the state's argument that "allowing Calvary Chapel to admit 90 worshippers presents a greater public health risk than allowing casinos to operate at 50% capacity is hard to swallow." Justices Clarence Thomas and Brett Kavanaugh joined Alito's dissent. Justice Neil Gorsuch and Kavanaugh each wrote separate dissents.

California

South Bay United Pentecostal Church, et al. v. Newsom: On May 29, 2020, the United States Supreme Court rejected a challenge to California's religious gathering limits, which order attendance in churches or places of worship to a maximum of 25% or 100 attendees. The 5-4 decision was joined by Chief Justice Roberts who warned against intervening in emergencies: "Where those broad limits are not exceeded, they should not be subject to second-guessing by an 'unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." Justice Kavanaugh joined the remaining three Republican-appointed justices in dissenting from the ruling, arguing that the California limits "indisputably discriminates against religion."

Path to the ballot

See also: Amending the Wisconsin Constitution

Amending the Wisconsin Constitution

A simple majority vote is required during two legislative sessions for the Wisconsin State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 50 votes in the Wisconsin State Assembly and 17 votes in the Wisconsin State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Joint Resolution 54 (2023-2024)

The following is the timeline of the constitutional amendment in the state legislature:

• June 14, 2023: The constitutional amendment was introduced into the Wisconsin State Legislature as Senate Joint Resolution 54 (SJR 54).
• November 7, 2023: The Wisconsin State Senate voted 21-10 to approve the constitutional amendment.
• February 22, 2024: The Wisconsin State Assembly voted 63-33 to approve the constitutional amendment.

Wisconsin State Senate

Voted on November 7, 2023

Votes Required to Pass: 17
	Yes	No	NV
Total	21	10	2
Total %	63.6%	30.3%	6.1%
Democratic (D)	0	10	1
Republican (R)	21	0	1

Wisconsin State Assembly

Voted on February 22, 2024

Votes Required to Pass: 50
	Yes	No	NV
Total	63	33	3
Total %	63.6%	33.3%	3.0%
Democratic (D)	2	33	0
Republican (R)	61	0	3

Assembly Joint Resolution 10 (2025-2026)

The following is the timeline of the constitutional amendment in the state legislature:

• February 24, 2025: The constitutional amendment was reintroduced during the second legislative session as Assembly Joint Resolution 10 (AJR 10).
• January 13, 2026: The Wisconsin State Assembly voted 56-43 to pass the constitutional amendment.
• January 21, 2026: The Wisconsin State Senate voted 18-15 to pass the constitutional amendment.

Partisan Direction Index = 96.7% (Republican)

Democratic Support

3.3%

Republican Support

100.0%

How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →

Wisconsin State Senate

Voted on January 21, 2026

Votes Required to Pass: 17
	Yes	No	NV
Total	18	15	0
Total %	54.5%	45.5%	0.0%
Democratic (D)	0	15	0
Republican (R)	18	0	0

Wisconsin State Assembly

Voted on January 13, 2026

Votes Required to Pass: 50
	Yes	No	NV
Total	56	43	0
Total %	56.6%	43.4%	0.0%
Democratic (D)	2	43	0
Republican (R)	54	0	0

How to cast a vote

See also: Voting in Wisconsin

See below to learn more about current voter registration rules, identification requirements, and poll times in Wisconsin.

How to vote in Wisconsin

Poll times

In Wisconsin, polls are open from 7 a.m. to 8 p.m. Central Time. Anyone in line when the polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Wisconsin, one must be a citizen of the United States and a resident of Wisconsin at their current address for at least 28 days before the election. A voter must be at least 18 years of age by Election Day.

Prospective voters can register online or by mailing a form to their municipal clerk. If registering by mail, the application must be postmarked no later than 20 days before the election. Voters must also register online by the 20th day before the election. In-person registration at a municipal clerk's office must be completed by 5 p.m. or the close of business on the Friday before Election Day, whichever is later. Prospective voters can also register at their polling place on Election Day using same-day voter registration. Voters must provide proof of residence when registering to vote.

Automatic registration

Wisconsin does not practice automatic voter registration.

Online registration

See also: Online voter registration

Wisconsin has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Wisconsin allows same-day voter registration.

Residency requirements

Wisconsin law requires 28 days of residency in a precinct before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Wisconsin does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to fine or imprisonment under State and Federal laws."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Six states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Two states, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site My Vote, run by the Wisconsin Election Commission, allows residents to check their voter registration status online.

Voter ID requirements

Wisconsin requires voters to present photo identification while voting.

The following list of accepted ID was current as of January 2026. Click here for the Wisconsin Election Commission's page on accepted ID to ensure you have the most current information.

• Wisconsin Department of Transportation-issued driver's license
• Wisconsin Department of Transportation-issued identification card, with or without a photo
• Veteran ID card or U.S. Uniformed Service ID card
• U.S. passport book or card
• Identification card issued by a federally recognized Indian tribe in Wisconsin
• Photo identification card issued by a Wisconsin accredited university, college, or technical college, containing the date the card was issued, an expiration date, and a signature. (If expired, the voter must also provide a separate document proving enrollment)
• Certificate of naturalization issued within the past two years
• Driver’s license receipt issued by Wisconsin Department of Transportation (valid for 45 days from date issued)
• Identification card receipt issued by Wisconsin Department of Transportation (valid for 45 days from date issued)
• Wisconsin Department of Motor Vehicles ID Petition Process Photo Receipt (valid for 60 days from date issued)

To view Wisconsin state law pertaining to voter identification, click here.

The following voters do not need to provide photo ID:

• Confidential electors
• Active military and permanent overseas voters who vote by absentee ballot
• Indefinitely confined voters who vote by absentee ballot

Voters can obtain a free Wisconsin State ID Card at a Wisconsin Division of Motor Vehicles office. Voters need the following to apply for an ID:

• Proof of name and date of birth (such as a birth certificate)
• Proof of identity (Social Security Card, Medicaid/Medicare Card, etc.)
• Proof of Wisconsin residency (utility bill, government mail, lease, etc.)
• Proof of U.S. citizenship (U.S. Birth certificate or citizenship paperwork)
• Social Security Number

Voters who do not have all or any of the materials listed above can still obtain an ID. Call the voter ID hotline for assistance at (844) 588-1069.

See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Wisconsin.

• 2026 ballot measures
• Wisconsin 2026 ballot measures
• Wisconsin elections, 2026

Wisconsin ballot measures

Explore Wisconsin's ballot measure history, including constitutional amendments.

• List of Wisconsin ballot measures
• Wisconsin Historical Ballot Measures Factbook
• Religion ballot measures
• Wisconsin State Legislature

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

• Legislatively referred constitutional amendment
• Wisconsin Constitution
• Amending state constitutions

External links

• Full text

Footnotes

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