SJR38: Joint Resolution Text

Analysis by the Legislative Reference Bureau

Currently, the constitution provides for the election every 2 years of 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 proposed constitutional amendment, proposed to the 1999 legislature on first consideration, requires counties to elect county clerks and treasurers every 4 years, and changes the terms of office from 2 years to 4 years for district attorneys, coroners, elected surveyors, registers of deeds, treasurers, county clerks and clerks of circuit court. For district attorneys and clerks of circuit court, the first elections to 4-year terms will be held concurrently with the first gubernatorial election following ratification. For coroners, elected surveyors, registers of deeds, treasurers and county clerks, the first elections to 4-year terms will be held concurrently with the first presidential election following ratification.

The proposal does not change the times for holding regular elections for any county offices, and does not affect the terms of office of elected county chief executive officers (they already serve 4-year terms expiring on the 2nd Monday after the spring election) or the terms of office of county supervisors or sheriffs.

The proposal also requires a vacancy in the term of office of a sheriff, coroner, register of deeds, district attorney or clerk of circuit court occurring on or before June 1 of the 2nd year of the officer's term to be filled by appointment only until the end of the 2nd year of the officer's term, and to be filled for the remainder of the officer's term at the general election which is held in the 2nd year of the officer's term, except as otherwise provided in the proposal.

The proposal deletes the current prohibition on the holding of other partisan offices by sheriffs.

Instead, the proposal permits a person who holds the office of sheriff, coroner, register of deeds, district attorney, county clerk, treasurer, surveyor or clerk of circuit court to become a candidate for a partisan elective office during his or her term only by submitting an irrevocable resignation, effective no later than the beginning of the term of office for which the person becomes a candidate, before the person becomes a candidate for the other office, unless the office that the person seeks is to be filled at a special election. The proposal requires any vacancy that is caused by such an irrevocable resignation submitted by a person who becomes a candidate for a partisan office to be filled at a special election held concurrently with the election for the office for which the person becomes a candidate. Currently, a vacancy in the office of sheriff, coroner, register of deeds or district attorney is filled by appointment under the constitution (which is made by the governor under current law); a vacancy in the office of surveyor, county clerk or treasurer is filled by appointment of the county board under current law; and a vacancy in the office of clerk of circuit court is filled under the constitution by "the judge of the circuit court".

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

SJR38,2,1 Resolved by the senate, the assembly concurring, That:

SJR38, s. 1 Section 1. Section 4 (1) of article VI of the constitution is renumbered section 4 (1) (a) of article VI and amended to read:

SJR38,3,2 [Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, district attorneys, and all other elected county officers, except judicial officers, sheriffs and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.

SJR38, s. 2 Section 2. Section 4 (1) (b) and (c) of article VI of the constitution are created to read:

SJR38,3,9 [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 and district attorneys shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

SJR38,3,18 (c) Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, registers of deeds, clerks and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

SJR38, s. 3 Section 3. Section 4 (3) (a) of article VI of the constitution is amended so as in effect to repeal said paragraph:

SJR38,3,21 [Article VI] Section 4 (3) (a) Sheriffs may not hold any other partisan office.

SJR38, s. 4 Section 4. Section 4 (3) (b) of article VI of the constitution is renumbered Section 4 (3) of article VI.

SJR38, s. 5 Section 5. Section 4 (3) (c) of article VI of the constitution is amended so as in effect to repeal said paragraph:

SJR38,4,3 [Article VI] Section 4 (3) (c) 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 once in every 4 years.

SJR38, s. 6 Section 6. Section 4 (4) of article VI of the constitution is amended to read:

SJR38,4,7 [Article VI] Section 4 (4) The governor may remove any elected county officer mentioned in this section except a clerk, treasurer or surveyor, giving to the officer a copy of the charges and an opportunity of being heard.

SJR38, s. 7 Section 7. Section 4 (5) of article VI of the constitution is amended to read:

SJR38,4,22 [Article VI] Section 4 (5) All vacancies in the offices of coroner, register of deeds or district attorney shall be filled by appointment. The, except a vacancy caused by an irrevocable resignation which under sub. (8) permits the person resigning the office to hold another office. A 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 is elected and qualified. A 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 is elected and qualified. A vacancy caused by an irrevocable resignation which under sub. (8) 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.

SJR38, s. 8 Section 8. Section 4 (8) of article VI of the constitution is created to read:

SJR38,5,4 [Article VI] Section 4 (8) (a) A person who holds the office of sheriff, coroner, register of deeds, district attorney, clerk, treasurer or surveyor may not hold any other partisan elected office of public trust during the term for which the person is elected or appointed, unless the person irrevocably resigns the office, effective no later than the beginning of the term of the office for which the person becomes a candidate, before the person becomes a candidate for the other office.

SJR38,5,7 (b) Notwithstanding par. (a), a person need not resign an office that 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.

SJR38, s. 9 Section 9. Section 12 of article VII of the constitution is renumbered section 12 (1) of article VII and amended to read:

SJR38,5,13 [Article VII] Section 12 (1) There shall be a clerk of the circuit court chosen in each county organized for judicial purposes by the qualified electors thereof, who, except as provided in sub. (2), shall hold his office for two years, subject to removal as shall be provided by law; in.

SJR38,6,4 (3) In case of a vacancy, except a vacancy caused by an irrevocable resignation which under sub. (6) permits the person resigning the office to hold another office, the judge of the circuit court shall have power to or, if there is more than one judge, the chief judge of the judicial administrative district as designated by the chief justice, unless the legislature provides otherwise, may appoint a clerk until the vacancy shall be is filled by an election; the. 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 is 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 the person is appointed and until a successor is elected and qualified. 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.

SJR38,6,6 (4) The clerk thus elected or appointed of circuit court shall give such security as the legislature may require requires by law.

SJR38,6,8 (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.

SJR38, s. 10 Section 10. Section 12 (2) of article VII of the constitution is created to read:

SJR38,6,13 [Article VII] Section 12 (2) Beginning with the first general election at which the governor is elected which occurs after the ratification of this subsection, a clerk of circuit court shall be chosen by the electors of all of the respective counties comprising each circuit for the term of 4 years, subject to removal as provided by law.

SJR38, s. 11 Section 11. Section 12 (6) of article VII of the constitution is created to read:

SJR38,6,20 [Article VII] Section 12 (6) (a) A person who holds the office of clerk of circuit court may not hold any other partisan elected office of public trust during the term for which the person is elected or appointed, unless the person irrevocably resigns the office to become a candidate for another office, effective no later than the beginning of the term of the office for which the person becomes a candidate, before the person becomes a candidate for the other office.

SJR38,6,23 (b) Notwithstanding par. (a), a person need not resign an office that 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.

SJR38, s. 12 Section 12. Reconciliation. If the amendment of section 4 (1) of article VI and the creation of section 4 (7) of article VI of the constitution as proposed by 1999 Assembly Joint Resolution 3 is ratified by the people before the ratification of this amendment, section 4 (1) of article VI of the constitution shall, in lieu of the treatment shown in Section 1 of this amendment, be renumbered and amended as follows; section 4 (7) of article VI of the constitution as created by 1999 Assembly Joint Resolution 3 be amended so as in effect to repeal said subsection as follows; and section 4 (1) (b) and (c) of article VI of the constitution shall be created as provided in Section 2 of this amendment:

SJR38,7,11 "[Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, and all other elected county officers, except judicial officers, sheriffs, district attorneys and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.

SJR38,7,14 [Article VI] Section 4 (7) Beginning with the first general election which occurs following ratification of this subsection, district attorneys shall be chosen by the electors of the respective counties once in every 4 years.".

SJR38, s. 13 Section 13. Numbering of new provisions.

SJR38,8,3 (1) The new paragraph (b) of subsection (1) of section 4 of article VI of the constitution created in this joint resolution shall be designated by the next higher open paragraph letter in that subsection in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a paragraph (b) of subsection (1) of section 4 of article VI of the constitution of this state. If one or more joint resolutions create a paragraph (b) of subsection (1) of section 4 of article VI simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the paragraphs created shall be numbered and placed in a sequence so that the paragraphs created by the joint resolution having the lowest enrolled joint resolution number have the letters designated in that joint resolution and the paragraphs created by the other joint resolutions have letters that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the paragraphs.

SJR38,8,16 (2) The new paragraph (c) of subsection (1) of section 4 of article VI of the constitution created in this joint resolution shall be designated by the next higher open paragraph letter in that subsection in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a paragraph (c) of subsection (1) of section 4 of article VI of the constitution of this state. If one or more joint resolutions create a paragraph (c) of subsection (1) of section 4 of article VI simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the paragraphs created shall be lettered and placed in a sequence so that the paragraphs created by the joint resolution having the lowest enrolled joint resolution number have the letters designated in that joint resolution and the paragraphs created by the other joint resolutions have letters that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the paragraphs.

SJR38,9,4 (3) The new subsection (8) of section 4 of article VI of the constitution created in this joint resolution shall be designated by the next higher open whole subsection number in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a subsection (8) of section 4 of article VI of the constitution of this state. If one or more joint resolutions create a subsection (8) of section 4 of article VI simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the subsections created shall be numbered and placed in a sequence so that the subsections created by the joint resolution having the lowest enrolled joint resolution number have the numbers designated in that joint resolution and the subsections created by the other joint resolutions have numbers that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the subsections.

SJR38,9,17 (4) The new subsection (2) of section 12 of article VII of the constitution created in this joint resolution shall be designated by the next higher open whole subsection number in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a subsection (2) of section 12 of article VII of the constitution of this state. If one or more joint resolutions create a subsection (2) of section 12 of article VII simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the subsections created shall be numbered and placed in a sequence so that the subsections created by the joint resolution having the lowest enrolled joint resolution number have the numbers designated in that joint resolution and the subsections created by the other joint resolutions have numbers that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the subsections.

SJR38,9,25 (5) The new subsection (6) of section 12 of article VII of the constitution created in this joint resolution shall be designated by the next higher open whole subsection number in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a subsection (6) of section 12 of article VII of the constitution of this state. If one or more joint resolutions create a subsection (6) of section 12 of article VII simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the subsections created shall be numbered and placed in a sequence so that the subsections created by the joint resolution having the lowest enrolled joint resolution number have the numbers designated in that joint resolution and the subsections created by the other joint resolutions have numbers that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the subsections.

SJR38,10,8 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.

SJR38,10,9 (End)