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Wisconsin Question 1, Right to Hunt and Fish Amendment (April 2003)

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Wisconsin Question 1

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Election date

April 1, 2003

Topic
Constitutional rights and Right to hunt and fish
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



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

Result Votes Percentage

Approved Yes

668,459 82.06%
No 146,182 17.94%
Results are officially certified.
Source


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

See also: History of 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
FL 2024

LRCA

Amendment 2 Provide for a state constitutional right to hunt and fish

Approveda

6,941,307 (67%)

3,365,987 (33%)

UT 2020

LRCA

Constitutional Amendment E Provide for a state constitutional right to hunt and to fish

Approveda

1,063,212 (75%)

355,848 (25%)

NC 2018

LRCA

Right to Hunt and Fish Amendment Provide for a state constitutional right to hunt, fish, and harvest wildlife

Approveda

2,083,123 (57%)

1,563,090 (43%)

IN 2016

LRCA

Public Question 1 Provide for a state constitutional right to hunt, fish, and trap, including traditional methods

Approveda

1,893,467 (79%)

492,300 (21%)

KS 2016

LRCA

Constitutional Amendment 1 Provide for a state constitutional right to hunt, fish, and trap, including traditional methods

Approveda

926,970 (81%)

213,104 (19%)

TX 2015

LRCA

Proposition 6 Provide for a state constitutional right to hunt, fish, and trap, including traditional methods

Approveda

1,260,763 (81%)

294,973 (19%)

AL 2014

LRCA

Amendment 5 Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods

Approveda

789,777 (80%)

199,483 (20%)

MS 2014

LRCA

HCR 30 Provide for a state constitutional right to hunt, fish, and trap, including traditional methods

Approveda

524,423 (88%)

71,683 (12%)

ID 2012

LRCA

HJR 2 Provide for a state constitutional right to hunt, fish, and trap, including traditional methods

Approveda

456,514 (73%)

165,289 (27%)

KY 2012

LRCA

Amendment Provide for a state constitutional right to hunt, fish, and harvest wildlife

Approveda

1,298,340 (84%)

238,320 (16%)

NE 2012

LRCA

Amendment 2 Provide for a state constitutional right to hunt, fish, and harvest wildlife

Approveda

557,534 (77%)

169,250 (23%)

WY 2012

LRCA

Amendment B Provide for a state constitutional right to harvest wild bird, fish, and game

Approveda

212,561 (89%)

25,564 (11%)

AR 2010

LRCA

Amendment 1 Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife

Approveda

612,495 (83%)

127,444 (17%)

AZ 2010

LRCA

Proposition 109 Provide for state constitutional right to hunt, fish, and harvest wildlife

Defeated

714,144 (44%)

926,991 (56%)

SC 2010

LRCA

Amendment 1 Provide for a state constitutional right to hunt, fish, and harvest wildlife

Approveda

1,126,228 (89%)

139,668 (11%)

TN 2010

LRCA

Amendment Provide for state constitutional right to hunt and fish

Approveda

1,255,840 (87%)

181,465 (13%)

OK 2008

LRCA

State Question 742 Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission.

Approveda

1,082,341 (80%)

269,787 (20%)

GA 2006

LRCA

Amendment 2 Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good

Approveda

1,626,226 (81%)

379,024 (19%)

LA 2004

LRCA

Question 1 Provide for a state constitutional right to hunt, fish, and trap

Approveda

1,195,445 (81%)

279,926 (19%)

MT 2004

LRCA

C-41 Provide for a state constitutional right to harvest wild fish and game

Approveda

345,505 (81%)

83,185 (19%)

WI 2003

LRCA

Question 1 Provide for a state constitutional right to hunt, fish, trap, and take game

Approveda

668,459 (82%)

146,182 (18%)

ND 2000

LRCA

Measure 1 Provide for a state constitutional right to hunt, fish, trap, and take game

Approveda

206,443 (77%)

61,531 (23%)

VA 2000

LRCA

Question 2 Provide for a right to hunt, fish, and harvest game

Approveda

1,448,154 (60%)

970,266 (40%)

MN 1998

LRCA

Amendment 3 Provide for a state constitutional right to hunt, fish, and take game

Approveda

1,570,720 (77%)

462,749 (23%)

AL 1996

LRCA

Amendment 1 Provide for a state constitutional right to hunt and fish

Approveda

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