Analysis by the Legislative Reference Bureau
Currently, the constitution provides for the election every 4 years of county
sheriffs, and 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 statutes, county clerks and treasurers, and surveyors unless a county
appoints a surveyor, are also elected every 2 years, except that the constitution
abolishes the offices of coroner and surveyor in counties having a population of
500,000 or more.
This proposed constitutional amendment, proposed to the 2001 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 clerks of circuit court and coroners, the first elections to 4-year
terms will be held concurrently with the first gubernatorial election following
ratification, which is when the constitution provides that sheriffs are to be first
elected to 4-year terms. For district attorneys, 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) or the terms of office of county supervisors
or sheriffs.
A constitutional amendment requires adoption by 2 successive legislatures,
and ratification by the people, before it can become effective.
SJR17,2,1 1Resolved by the senate, the assembly concurring, That:
SJR17, s. 1 2Section 1. Section 4 (1) of article VI of the constitution is renumbered section
34 (1) (a) of article VI and amended to read:
SJR17,2,74 [Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) and sub. (2),
5coroners, registers of deeds, district attorneys, and all other elected county officers,
6except judicial officers, sheriffs, and chief executive officers, shall be chosen by the
7electors of the respective counties once in every 2 years.
SJR17, s. 2 8Section 2. Section 4 (1) (b) and (c) of article VI of the constitution are created
9to read:
SJR17,2,1710 [Article VI] Section 4 (1) (b) Beginning with the first general election at which
11the governor is elected which occurs after the ratification of this paragraph, sheriffs
12shall be chosen by the electors of the respective counties, or by the electors of all of
13the respective counties comprising each combination of counties combined by the
14legislature for that purpose, for the term of 4 years and coroners in counties in which
15there is a coroner shall be chosen by the electors of the respective counties, or by the
16electors of all of the respective counties comprising each combination of counties
17combined by the legislature for that purpose, for the term of 4 years.
SJR17,3,618 (c) Beginning with the first general election at which the president is elected
19which occurs after the ratification of this paragraph, district attorneys, registers of
20deeds, clerks, and treasurers shall be chosen by the electors of the respective

1counties, or by the electors of all of the respective counties comprising each
2combination of counties combined by the legislature for that purpose, for the term
3of 4 years and surveyors in counties in which the office of surveyor is filled by election
4shall be chosen by the electors of the respective counties, or by the electors of all of
5the respective counties comprising each combination of counties combined by the
6legislature for that purpose, for the term of 4 years.
SJR17, s. 3 7Section 3. Section 4 (3) (c) of article VI of the constitution is amended so as in
8effect to repeal said paragraph:
SJR17,3,119 [Article VI] Section 4 (3) (c) Beginning with the first general election at which
10the governor is elected which occurs after the ratification of this paragraph, sheriffs
11shall be chosen by the electors of the respective counties once in every 4 years.
SJR17, s. 4 12Section 4. Section 4 (4) of article VI of the constitution is amended to read:
SJR17,3,1513 [Article VI] Section 4 (4) The governor may remove any elected county officer
14mentioned in this section except a clerk, treasurer, or surveyor, giving to the officer
15a copy of the charges and an opportunity of being heard.
SJR17, s. 5 16Section 5. Section 12 of article VII of the constitution is renumbered section
1712 (1) of article VII and amended to read:
SJR17,3,2118 [Article VII] Section 12 (1) There shall be a clerk of the circuit court chosen in
19each county organized for judicial purposes by the qualified electors thereof, who,
20except as provided in sub. (2),
shall hold his office for two years, subject to removal
21as shall be provided by law; in.
SJR17,3,23 22(3) In case of a vacancy, the judge of the circuit court shall have power to may
23appoint a clerk until the vacancy shall be is filled by an election; the.
SJR17,3,25 24(4) The clerk thus elected or appointed of circuit court shall give such security
25as the legislature may require requires by law.
SJR17,4,2
1(5) The supreme court shall appoint its own clerk, and may appoint a clerk of
2the circuit court may be appointed a to be the clerk of the supreme court.
SJR17, s. 6 3Section 6. Section 12 (2) of article VII of the constitution is created to read:
SJR17,4,74 [Article VII] Section 12 (2) Beginning with the first general election at which
5the governor is elected which occurs after the ratification of this subsection, a clerk
6of circuit court shall be chosen by the electors of all of the respective counties
7comprising each circuit for the term of 4 years, subject to removal as provided by law.
SJR17, s. 7 8Section 7. Numbering of new provisions.
SJR17,4,219 (1) The new paragraph (b) of subsection (1) of section 4 of article VI of the
10constitution created in this joint resolution shall be designated by the next higher
11open paragraph letter in that subsection in that section in that article if, before the
12ratification by the people of the amendment proposed in this joint resolution, any
13other ratified amendment has created a paragraph (b) of subsection (1) of section 4
14of article VI of the constitution of this state. If one or more joint resolutions create
15a paragraph (b) of subsection (1) of section 4 of article VI simultaneously with the
16ratification by the people of the amendment proposed in this joint resolution, the
17paragraphs created shall be numbered and placed in a sequence so that the
18paragraphs created by the joint resolution having the lowest enrolled joint resolution
19number have the letters designated in that joint resolution and the paragraphs
20created by the other joint resolutions have letters that are in the same ascending
21order as are the numbers of the enrolled joint resolutions creating the paragraphs.
SJR17,5,922 (2) The new paragraph (c) of subsection (1) of section 4 of article VI of the
23constitution created in this joint resolution shall be designated by the next higher
24open paragraph letter in that subsection in that section in that article if, before the
25ratification by the people of the amendment proposed in this joint resolution, any

1other ratified amendment has created a paragraph (c) of subsection (1) of section 4
2of article VI of the constitution of this state. If one or more joint resolutions create
3a paragraph (c) of subsection (1) of section 4 of article VI simultaneously with the
4ratification by the people of the amendment proposed in this joint resolution, the
5paragraphs created shall be lettered and placed in a sequence so that the paragraphs
6created by the joint resolution having the lowest enrolled joint resolution number
7have the letters designated in that joint resolution and the paragraphs created by
8the other joint resolutions have letters that are in the same ascending order as are
9the numbers of the enrolled joint resolutions creating the paragraphs.
SJR17,5,2210 (3) The new subsection (2) of section 12 of article VII of the constitution created
11in this joint resolution shall be designated by the next higher open whole subsection
12number in that section in that article if, before the ratification by the people of the
13amendment proposed in this joint resolution, any other ratified amendment has
14created a subsection (2) of section 12 of article VII of the constitution of this state.
15If one or more joint resolutions create a subsection (2) of section 12 of article VII
16simultaneously with the ratification by the people of the amendment proposed in this
17joint resolution, the subsections created shall be numbered and placed in a sequence
18so that the subsections created by the joint resolution having the lowest enrolled joint
19resolution number have the numbers designated in that joint resolution and the
20subsections created by the other joint resolutions have numbers that are in the same
21ascending order as are the numbers of the enrolled joint resolutions creating the
22subsections.
SJR17,6,3
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for 3
3months previous to the time of holding such election.
SJR17,6,44 (End)
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