Wisconsin ballot measure · November 3, 2026
Wisconsin Question 2, explained
Freedom to gather in places of worship during an emergency. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.
The official wordingWhat appears on the ballot. Everything below explains it.
QUESTION 2: "Freedom to gather in places of worship during an emergency. Shall section 18 of article I of the constitution, which deals with religious liberty, be amended to prohibit the state or a political subdivision of the state 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 it actually means
During a declared emergency, Wisconsin officials can limit public gatherings — including religious ones — as long as religious and secular gatherings are treated the same. That is how the state's 2020 stay-at-home order worked: religious gatherings were allowed with fewer than ten people, the same limit as weddings and funerals. This amendment would put places of worship outside that power entirely. The official explanatory statement says it "would prevent officials from forbidding gatherings in places of worship even when other types of public gatherings have been closed."
If you vote YES
- Article I, Section 18 would gain a clause barring the state or any local government from ordering the closure of, or forbidding gatherings in, places of worship in response to a national, state or local emergency, including a public health emergency.
- Places of worship would be exempt even when comparable secular gatherings are closed — a stronger protection than the current rule, which only requires equal treatment.
- The authority under Wisconsin Statute 252.02(3), which lets the Department of Health Services forbid public gatherings in churches and other places to control an epidemic, could no longer be used for places of worship.
- Congregations would decide for themselves whether and how to meet during an emergency.
- Emergency powers over other kinds of gatherings — schools, businesses, events — would be unchanged.
If you vote NO
- Article I, Section 18 keeps its existing religious liberty protections, which the official explanatory statement describes as working like the First Amendment.
- In a declared emergency, officials could continue to limit religious gatherings, but only on the same terms as comparable secular gatherings — singling out worship for harsher treatment would remain unconstitutional.
- Wisconsin Statute 252.02(3) would continue to let the Department of Health Services forbid public gatherings in churches, schools and other places to control an outbreak.
- Disputes about whether a restriction treated worship equally would keep being settled in court, as they were across the country in 2020 and 2021.
The numbers that matter
- Wisconsin deaths attributed to COVID-19
- Nearly 19,000
- Religious gathering limit under the 2020 stay-at-home order
- Fewer than 10 people in a room, the same limit as weddings and funerals
- Legislative vote to refer
- Assembly 56-43, Senate 18-15
Figure cited by State Sen. Chris Larson in floor debate
Wisconsin Executive Order #12 and Department of Health Services guidance, March 2020
Wisconsin Legislature, 2025 Assembly Joint Resolution 10
What each side says2 for, 2 against — quoted, not summarised
Why supporters say YES
"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 resolution doesn't ask for special treatment; it asks for equal protection. … It simply says the decision to gather belongs with the faithful, not the government."
— State Rep. Ron Tusler (R-3)
"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."
— Daniel Degner, president, Wisconsin Family Action
Why opponents say NO
"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?"
— State Sen. Chris Larson (D-7)
An order closing places of worship in an emergency does not infringe the existing constitutional right "to worship Almighty God according to the dictates of conscience," because "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."
— League of Women Voters of Wisconsin
What's genuinely uncertain
- What counts as a "place of worship" is not defined in the amendment, and neither is the line between a gathering in one and an event it hosts.
- Whether the amendment would also bar lesser restrictions — capacity limits, distancing or masking rules — rather than only outright closure is unresolved. It speaks to ordering closure and forbidding gatherings, not to conditions on them.
- No committee had registered to support or oppose the amendment as of February 2026, so there is no campaign finance record.
- Three other states have voted on comparable measures since the pandemic — Texas in 2021, Arkansas in 2022 and Louisiana in 2023 — but none is worded the same way, so their experience is not a direct guide.
The bottom line
Whether places of worship should be exempt from emergency closure orders outright, rather than protected only against being treated worse than bars and shops — religious assembly guaranteed in the next emergency, against public health officials losing a tool they used in the last one.
One neutral sentence describing the tradeoff — not a recommendation.
Sources (3)The numbers in the text above link here
- 1Notice of Referendum Election, November 3, 2026 — official questions and explanatory statements — franklinwi.gov
- 2Wisconsin Prohibit Government Closure of Places of Worship During Emergencies Amendment (2026) — Ballotpedia — ballotpedia.org
- 32025 Assembly Joint Resolution 10 — Wisconsin Legislature — docs.legis.wisconsin.gov
Checking it against the official text
The Wisconsin Elections Commission publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.
Confirm this with the official source
Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Wisconsin Elections Commission.
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