Amendment ASA1-AJR37

LRBs0287/3

PJD:skg:mkd

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY JOINT RESOLUTION 37

November 2, 1995 - Offered by Committee on Elections and Constitutional Law.

AJR37-ASA1,1,4 To renumber and amend section 4 (5) of article VI; to amend section 4 (1) and (3) of article VI; and to create section 4 (1) (b), (5) (b) and (6) of article VI of the constitution; relating to: 4-year terms of office for, appointment of, and the restriction on holding any other office by, sheriffs (first consideration).

AJR37-ASA1,1,5 Resolved by the assembly, the senate concurring, That:

AJR37-ASA1, s. 1 Section 1. Section 4 (1) of article VI of the constitution is amended to read:

AJR37-ASA1,1,10 [Article VI] Section 4 (1) Sheriffs (a) Except as provided in par. (b) 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.

AJR37-ASA1, s. 2 Section 2. Section 4 (1) (b) of article VI of the constitution is created to read:

AJR37-ASA1,1,16 [Article VI] Section 4 (1) (b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties for the term of 4 years, except that a sheriff who is elected to fill a vacancy under sub. (5) (b) shall serve for a term of 2 years.

AJR37-ASA1, s. 3 Section 3. Section 4 (3) of article VI of the constitution is amended to read:

AJR37-ASA1,2,4 [Article VI] Section 4 (3) Sheriffs shall hold no other office. Sheriffs may be required by law to renew their security from time to time, and in default of giving such new security their office shall be deemed vacant.

AJR37-ASA1, s. 4 Section 4. Section 4 (5) of article VI of the constitution is renumbered section 4 (5) (a) of article VI and amended to read:

AJR37-ASA1,2,10 [Article VI] Section 4 (5) (a) All vacancies in the offices of sheriff, coroner, register of deeds or district attorney shall be filled by appointment. The person appointed to fill a vacancy shall hold office only for the unexpired portion of the term to which appointed and until a successor shall be elected and qualified.

AJR37-ASA1, s. 5 Section 5. Section 4 (5) (b) of article VI of the constitution is created to read:

AJR37-ASA1,2,25 [Article VI] Section 4 (5) (b) All vacancies in the office of sheriff shall be filled by appointment except as provided in this paragraph. The person appointed to fill a vacancy occurring on or before June 1 of the 2nd year of the term for which the person's predecessor was elected shall hold office only until the first Monday in January occurring after the 2nd year of the term for which the person's predecessor was elected and until a successor shall be elected and qualified. The person appointed to fill a vacancy occurring after June 1 of the 2nd year of the term for which the person's predecessor was elected shall hold office only for the unexpired portion of the term to which appointed and until a successor shall be elected and qualified. A successor shall be elected to succeed a person so appointed at the general election following occurrence of that vacancy. A vacancy caused by an irrevocable resignation which under sub. (6) permits the person resigning the office to hold another office shall be filled by special election held concurrently with the election for the office for which the person is a candidate.

AJR37-ASA1, s. 6 Section 6. Section 4 (6) of article VI of the constitution is created to read:

AJR37-ASA1,3,6 [Article VI] Section 4 (6) (a) Sheriffs may not hold any other partisan elected office of public trust during the term for which elected or appointed, unless the person irrevocably resigns the office, effective at the beginning of the term of office for which the person becomes a candidate, before the person becomes a candidate for the other office of public trust.

AJR37-ASA1,3,9 (b) Notwithstanding par. (a), a person need not resign an office which the person holds before assuming the office for which the person becomes a candidate if the office for which the person becomes a candidate is to be filled at a special election.

AJR37-ASA1,3,12 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.

AJR37-ASA1,3,13 (End)