AJR38: Joint Resolution Text

LRB-1488/4

PJD:kmg:aj

1995 - 1996 LEGISLATURE

1995 Assembly JOINT RESOLUTION 38

April 28, 1995 - Introduced by Representatives Krusick, Albers, Boyle, Foti, Goetsch, Hahn, Handrick, Harsdorf, F. Lasee, Lehman, Musser, Olsen, Otte, Ourada, Ryba, Schneiders, Seratti, Springer, Walker, Wilder and Zukowski, cosponsored by Senators Buettner, Drzewiecki, Andrea, Burke, Darling, Huelsman, Leean, C. Potter and Risser. Referred to Committee on Elections and Constitutional Law.

AJR38,1,4 To amend section 4 (1) of article VI, section 12 of article VII and section 1 of article XIII; and to create section 4 (1) (b) and (c) of article VI of the constitution; relating to: 4-year terms of office for certain county officers (first consideration).

Analysis by the Legislative Reference Bureau

Currently, the constitution provides for the election every 2 years of county sheriffs, clerks of circuit court, registers of deeds and district attorneys, and, unless a county appoints a medical examiner, coroners. Under current law, county clerks and treasurers, and surveyors unless a county appoints a surveyor, are also elected every 2 years, except that under the constitution counties having a population of 500,000 or more do not elect a coroner or surveyor.

This constitutional amendment, proposed to the 1995 legislature on first consideration, requires counties to elect county clerks and treasurers, and changes the terms of office from 2 years to 4 years for sheriffs, elected coroners or surveyors, registers of deeds, district attorneys, treasurers, clerks and clerks of circuit court. For sheriffs, registers of deeds, clerks of circuit court and elected county surveyors, the first elections to 4-year terms will be held in 2002. For district attorneys, clerks, treasurers and elected coroners, the first elections to 4-year terms will be held in the year 2000.

The amendment does not change the existing spring or November election time for specific county offices, and does not affect the terms of office of elected county chief executive officers (they already serve 4-year terms ending on the 2nd Monday after the spring election) or the terms of office of county board members.

For officers elected on the partisan ballot at the general election in November, the constitution specifies a political year beginning on the first Monday of January in each year. For the county officers whose terms are changed by this amendment and who are elected on the nonpartisan ballot at the spring election, this constitutional amendment specifies a political year beginning on the 3rd Monday after the spring election.

As a constitutional amendment, the proposal requires adoption by 2 successive legislatures, and ratification by the people, before it can become effective.

AJR38,2,1 Resolved by the assembly, the senate concurring, That:

AJR38, s. 1 Section 1. Section 4 (1) of article VI of the constitution is amended to read:

AJR38,2,6 [Article VI] Section 4 (1) Sheriffs (a) Except as provided in par. (b) or (c) and sub. (2), sheriffs, coroners, registers of deeds, district attorneys , and all other elected county officers, except judicial officers and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.

AJR38, s. 2 Section 2. Section 4 (1) (b) and (c) of article VI of the constitution are created to read:

AJR38,2,12 [Article VI] Section 4 (1) (b) Beginning in 2002, sheriffs and registers of deeds shall be chosen by the electors of the respective counties for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties for the term of 4 years.

AJR38,2,16 (c) Beginning in the year 2000, district attorneys, clerks and treasurers shall be chosen by the electors of the respective counties for the term of 4 years and coroners in counties in which the office of coroner is filled by election shall be chosen by the electors of the respective counties for the term of 4 years.

AJR38, s. 3 Section 3. Section 12 of article VII of the constitution is amended to read:

AJR38,2,21 [Article VII] Section 12. There (1) Beginning in 2002, there shall be a clerk of the circuit court chosen in each county organized for judicial purposes by the qualified electors thereof, who shall hold his office for two 4 years, subject to removal as.

AJR38,3,2 (2) Removal from office of any clerk of circuit court shall be as provided by law; in.

AJR38,3,4 (3) In case of a vacancy, the judge of the circuit court shall have power to may appoint a clerk until the vacancy shall be is filled by an election; the.

AJR38,3,6 (4) The clerk thus elected or appointed of circuit court shall give such security as the legislature may require required by law.

AJR38,3,8 (5) The supreme court shall appoint its own clerk, and may appoint a clerk of the circuit court may be appointed a to be the clerk of the supreme court.

AJR38, s. 4 Section 4. Section 1 of article XIII of the constitution is amended to read:

AJR38,3,14 [Article XIII] Section 1 (1) The political year for this state shall commence on the first Monday of January in each year, for all officers elected on a partisan ballot and shall commence on the 3rd Monday after the spring election for all officers enumerated in section 4 (1) (b) or (c) of article VI or section 12 (1) of article VII who are elected on a nonpartisan ballot.

AJR38,3,16 (2) The general election shall be held on the Tuesday next succeeding the first Monday of November in even-numbered years.

AJR38,3,18 (3) A spring election for officers elected on a nonpartisan ballot may be held annually.

AJR38,3,21 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

AJR38,3,22 (End)