Wisconsin Question 1, Right to Hunt and Fish Amendment (April 2003)
Wisconsin Question 1 | |
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Election date |
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Topic Constitutional rights and Right to hunt and fish |
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Status |
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Type Legislatively referred constitutional amendment |
Origin |
Wisconsin Question 1 was on the ballot as a legislatively referred constitutional amendment in Wisconsin on April 1, 2003. It was approved.
A “yes” vote supported adding a section to the constitution to provide the right to fish, hunt, trap, and take game. |
A “no” vote opposed adding a section to the constitution to provide the right to fish, hunt, trap, and take game. |
Election results
Wisconsin Question 1 |
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Result | Votes | Percentage | ||
668,459 | 82.06% | |||
No | 146,182 | 17.94% |
Text of measure
Ballot title
The ballot title for Question 1 was as follows:
“ | Right to fish, hunt, trap, and take game. Shall section 26 of article I of the constitution be created to provide that the people have the right to fish, hunt, trap, and take game subject only to reasonable restrictions as prescribe by law? | ” |
Constitutional changes
[Article I] Section 26. The people have the right to fish, hunt, trap, and take game subject only to reasonable restrictions as prescribed by law.[1] |
Background
Right to hunt
An earlier attempt to guarantee the right to fish, hunt, and trap was proposed in almost identical wording in 1997 Senate Joint Resolution 36, which did not pass on first consideration. A related amendment to guarantee the right to bear arms, which received second consideration in that same session, was ratified in November 1998 by an almost 3-to-1 margin. The vote created Article I, Section 25, which reads: “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.” The proposed new amendment would expand the protection of hunting from a “lawful purpose.” dependent upon legislative action, to a guaranteed right that could only be limited by reasonable restrictions. Trapping and fishing would be added to the guaranteed rights.
Right to hunt and fish constitutional amendments
As of November 2024, 24 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.[2]
List
The following is a list of state ballot measures to adopt right to hunt and fish amendments:
State | Year | Type | Title | Description | Result | Yes Votes | No Votes |
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FL | 2024 | Amendment 2 | Provide for a state constitutional right to hunt and fish |
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6,941,307 (67%) |
3,365,987 (33%) |
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UT | 2020 | Constitutional Amendment E | Provide for a state constitutional right to hunt and to fish |
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1,063,212 (75%) |
355,848 (25%) |
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NC | 2018 | Right to Hunt and Fish Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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2,083,123 (57%) |
1,563,090 (43%) |
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IN | 2016 | Public Question 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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1,893,467 (79%) |
492,300 (21%) |
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KS | 2016 | Constitutional Amendment 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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926,970 (81%) |
213,104 (19%) |
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TX | 2015 | Proposition 6 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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1,260,763 (81%) |
294,973 (19%) |
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AL | 2014 | Amendment 5 | Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods |
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789,777 (80%) |
199,483 (20%) |
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MS | 2014 | HCR 30 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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524,423 (88%) |
71,683 (12%) |
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ID | 2012 | HJR 2 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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456,514 (73%) |
165,289 (27%) |
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KY | 2012 | Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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1,298,340 (84%) |
238,320 (16%) |
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NE | 2012 | Amendment 2 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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557,534 (77%) |
169,250 (23%) |
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WY | 2012 | Amendment B | Provide for a state constitutional right to harvest wild bird, fish, and game |
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212,561 (89%) |
25,564 (11%) |
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AR | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife |
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612,495 (83%) |
127,444 (17%) |
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AZ | 2010 | Proposition 109 | Provide for state constitutional right to hunt, fish, and harvest wildlife |
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714,144 (44%) |
926,991 (56%) |
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SC | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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1,126,228 (89%) |
139,668 (11%) |
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TN | 2010 | Amendment | Provide for state constitutional right to hunt and fish |
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1,255,840 (87%) |
181,465 (13%) |
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OK | 2008 | State Question 742 | Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission. |
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1,082,341 (80%) |
269,787 (20%) |
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GA | 2006 | Amendment 2 | Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good |
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1,626,226 (81%) |
379,024 (19%) |
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LA | 2004 | Question 1 | Provide for a state constitutional right to hunt, fish, and trap |
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1,195,445 (81%) |
279,926 (19%) |
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MT | 2004 | C-41 | Provide for a state constitutional right to harvest wild fish and game |
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345,505 (81%) |
83,185 (19%) |
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WI | 2003 | Question 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
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668,459 (82%) |
146,182 (18%) |
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ND | 2000 | Measure 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
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206,443 (77%) |
61,531 (23%) |
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VA | 2000 | Question 2 | Provide for a right to hunt, fish, and harvest game |
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1,448,154 (60%) |
970,266 (40%) |
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MN | 1998 | Amendment 3 | Provide for a state constitutional right to hunt, fish, and take game |
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1,570,720 (77%) |
462,749 (23%) |
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AL | 1996 | Amendment 1 | Provide for a state constitutional right to hunt and fish |
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955,149 (81%) |
218,350 (19%) |
Map
The following map shows which states have constitutional rights to hunt and fish in their state constitutions:
Path to the ballot
- See also: 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.
See also
Footnotes
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