AJR137: Joint Resolution Text

LRB-4054/1

SRM:cjs:rs

2011 - 2012 LEGISLATURE

2011 Assembly JOINT RESOLUTION 137

March 15, 2012 - Introduced by Representatives C. Taylor and E. Coggs. Referred to Committee on Assembly Organization.

AJR137,2,17 To renumber section 9 of article IV; to renumber and amend section 3 of article IV, section 10 of article IV and section 1 of article IX; to amend section 3 of article I, section 4 of article I, section 1 of article III, section 2 (intro.) of article III, section 2 (4) (a) of article III, section 4 (1) of article VII, section 1 of article VIII, section 1 of article X, section 3 of article X and section 1 of article XI; and to create section 27 of article I, section 28 of article I, section 29 of article I, section 7 of article III, section 3 (2) of article IV, section 3 (3) of article IV, section 9 (2) of article IV, section 9 (3) of article IV, section 10 (2) of article IV, section 17 (4) of article IV, section 17 (5) of article IV, section 17 (6) of article IV, section 17 (7) of article IV, section 17 (8) of article IV, section 17 (9) of article IV, section 1 (2) of article IX and section 14 of article XIII of the constitution; relating to: participation in the legislative and electoral process, the right to vote, the right to an impartial judiciary, the right of privacy, the right to a quality education, the right to health care services, voting rights for certain felons, uniform voting procedures, mandatory recounting of ballots, the procedure for legislative redistricting and congressional reapportionment, the establishment of a state governmental accountability board, administration of election laws, ethics laws, and lobbying laws, public access to the capitol, requiring the legislature to enact laws requiring reasonable notice of and public access to meetings of governmental bodies, including the legislature, and making members of the legislature subject to citations and civil penalties for violations of such laws, petition and referendum by the people to reject acts of the legislature, open meetings of the supreme court, public funding of supreme court election campaigns, graduated and progressive taxation of individuals, the right to a clean, healthy environment, safe drinking water, and clean air, establishment of a board and a department of natural resources and the appointment of the secretary of natural resources, independence of the superintendent of public instruction, the authority of the superintendent of public instruction to require minimum staffing levels and minimum funding levels for public schools, appropriating public funds to support sectarian schools, treatment of corporations as natural persons, and the right of workers to organize and collectively bargain (first consideration).

Analysis by the Legislative Reference Bureau

This constitutional amendment, proposed to the 2011 legislature on first consideration, grants or affirms certain rights of the people, in the nature of a bill of rights.

Participation in the legislative process The amendment requires the legislature to ensure that the people may exercise their rights to participate in the legislative process.

the right to assemble The amendment requires the legislature to ensure that the people may exercise their rights to assemble and vote.

right to an impartial judiciary The amendment guarantees the right of the people to an impartial judiciary.

right of privacy The amendment guarantees the right to marry and reproductive rights.

right to a quality education The amendment creates a right to a quality education.

right to health care services The amendment creates a right to health care services.

The right to vote The amendment prohibits the state from taking any action that abridges the right to vote and prohibits the legislature from erecting any obstacles to the right to vote.

Eligible elector after ten days' residence The amendment creates a right to vote for any US citizen age 18 or older who has resided in an election district or ward for ten consecutive days immediately preceding an election.

Voting rights for certain felons The amendment allows felons who have been placed on probation or parole to vote.

uniformity of voting standards and procedures The amendment requires that voting standards and procedures be uniform throughout the state.

mandatory recounts in close elections The amendment requires a state-funded manual recount of the ballots in any election for public office in which the results are within one-half of one percent.

Government accountability board established The amendment establishes a government accountability board to administer elections and the state ethics law.

legislative and congressional redistricting The amendment changes the process by which legislative and congressional districts are redrawn.

The Wisconsin Constitution requires the legislature to redistrict legislative districts according to the number of inhabitants at its next session following each decennial federal census. The legislature also reapportions congressional districts pursuant to federal law.

The amendment requires the government accountability board established by the amendment to develop standards for legislative and congressional districts based on population requirements under the Wisconsin Constitution and the U.S. Constitution and requirements of federal law governing voting rights (the Voting Rights Act at present). The amendment then directs the board to draw redistricting plans in accordance with the standards. Under the amendment, no later than January 1 of the second year following the decennial federal census, the board must create a plan of legislative and congressional districting.

public access to the capitol The amendment guarantees public access to the capitol except in a public emergency.

open meetings laws applicable to legislature The amendment requires the legislature to enact laws requiring reasonable notice of and public access to meetings of governmental bodies, including the legislature, and making members of the legislature subject to citations and civil penalties for violations of such laws.

Initiative and referendum The amendment creates a referendum process by which the people can reject an act of the legislature or particular sections of or items in such an act. The amendment provides that no act can become effective until 90 days after the governor files it in the office of the secretary of state. During the first 60 days after that filing, the people may file a petition for a referendum.

The petition for referendum must be filed with the government accountability board established by the amendment. Certain acts, such as those providing tax levies, acts expanding the rights of the people, and emergency acts, are exempt from referendum. Emergency acts must be so designated by the legislature and pass both houses on a two-thirds vote of all members.

Petitions must be signed by electors equaling 25 percent of the vote cast for the office of governor in the most recent election and filed with the government accountability board.

After validating signatures on the petition, the government accountability board shall order a referendum at the next general election occurring at least 125 days after the filing of the petition with the board. No act, section, or item shall go into effect until a majority of those voting approve it. If the petition is against a portion of an act, the remainder of the act shall not be prevented from going into effect. No act, section, or item rejected in a referendum may be reenacted during the legislative session in which it was rejected.

Open deliberations of the supreme court The amendment requires that all deliberations of the supreme court shall be open to the public.

public funding for supreme court elections The amendment requires that justices of the supreme court shall use public funding to finance campaigns.