March 15, 2012 - Introduced by Representatives C. Taylor and E. Coggs. Referred
to Committee on Assembly Organization.
AJR137,2,17
1To renumber section 9 of article IV;
to renumber and amend section 3 of article
2IV, section 10 of article IV and section 1 of article IX;
to amend section 3 of
3article I, section 4 of article I, section 1 of article III, section 2 (intro.) of article
4III, section 2 (4) (a) of article III, section 4 (1) of article VII, section 1 of article
5VIII, section 1 of article X, section 3 of article X and section 1 of article XI; and
6to create section 27 of article I, section 28 of article I, section 29 of article I,
7section 7 of article III, section 3 (2) of article IV, section 3 (3) of article IV, section
89 (2) of article IV, section 9 (3) of article IV, section 10 (2) of article IV, section
917 (4) of article IV, section 17 (5) of article IV, section 17 (6) of article IV, section
1017 (7) of article IV, section 17 (8) of article IV, section 17 (9) of article IV, section
111 (2) of article IX and section 14 of article XIII of the constitution;
relating to:
12participation in the legislative and electoral process, the right to vote, the right
13to an impartial judiciary, the right of privacy, the right to a quality education,
14the right to health care services, voting rights for certain felons, uniform voting
15procedures, mandatory recounting of ballots, the procedure for legislative
1redistricting and congressional reapportionment, the establishment of a state
2governmental accountability board, administration of election laws, ethics
3laws, and lobbying laws, public access to the capitol, requiring the legislature
4to enact laws requiring reasonable notice of and public access to meetings of
5governmental bodies, including the legislature, and making members of the
6legislature subject to citations and civil penalties for violations of such laws,
7petition and referendum by the people to reject acts of the legislature, open
8meetings of the supreme court, public funding of supreme court election
9campaigns, graduated and progressive taxation of individuals, the right to a
10clean, healthy environment, safe drinking water, and clean air, establishment
11of a board and a department of natural resources and the appointment of the
12secretary of natural resources, independence of the superintendent of public
13instruction, the authority of the superintendent of public instruction to require
14minimum staffing levels and minimum funding levels for public schools,
15appropriating public funds to support sectarian schools, treatment of
16corporations as natural persons, and the right of workers to organize and
17collectively 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.
state income taxation to be graduated and progressive
The amendment requires that state income taxation shall be graduated and
progressive by deleting the legislature's authority to create reasonable exemptions.
right to a clean, healthy environment, safe drinking
water, and clean air
The amendment creates a right to a clean, healthy environment, safe drinking
water, and clean air.
Creation of a Department of NatuRal resources, board,
and secretary
The amendment creates a department of natural resources and a board to
oversee it. The board will appoint a secretary to administer the department.
superintendent of public instruction to be independent
The amendment makes the superintendent of public instruction independent
of the other offices in the executive branch.
minimum staffing and funding levels for public schools
The amendment authorizes the state superintendent of public instruction to set
minimum staffing and funding levels for public schools.
prohibit public funding of sectarian schools
The amendment prohibits appropriation of public funds for support of sectarian
schools.
Treatment of corporations as persons prohibited
Under current state and federal law, corporations are treated as natural
persons for some purposes. The amendment restricts the state from recognizing any
constitutional rights asserted by corporations, except as required by federal law.
workers' Rights to organize and collectively bargain
The amendment grants all employees the right to collectively bargain on the
subjects of wages, hours, and working conditions.
Procedure for passage
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
AJR137,6,1
1Resolved by the assembly, the senate concurring, That:
AJR137, s. 1
2Section
1. Section 3 of article I of the constitution is amended to read:
AJR137,6,113
[Article I] Section 3. Every person may freely speak, write and publish his
4sentiments on all subjects, being responsible for the abuse of that right, and no laws
5shall be passed to restrain or abridge the liberty of speech or of the press. In all
6criminal prosecutions or indictments for libel, the truth may be given in evidence,
7and if it shall appear to the jury that the matter charged as libelous be true, and was
8published with good motives and for justifiable ends, the party shall be acquitted;
9and the jury shall have the right to determine the law and the fact.
The state shall
10take all necessary measures to ensure that the people may exercise their rights to
11participate in the legislative and electoral process without barriers.
AJR137, s. 2
12Section
2. Section 4 of article I of the constitution is amended to read:
AJR137,6,1513
[Article I] Section 4. The right of the people peaceably to assemble, to consult
14for the common good,
to vote, and to petition the government, or any department
15thereof, shall never be abridged.
The people have a right to an impartial judiciary.
AJR137, s. 3
16Section
3. Section 27 of article I of the constitution is created to read:
AJR137,6,1817
[Article I] Section 27. All persons have a right to privacy that shall include the
18right to marry and the right to reproductive freedom.
AJR137, s. 4
19Section
4. Section 28 of article I of the constitution is created to read:
AJR137,6,2120
[Article I] Section 28. Every child between the ages of 4 and 20 shall have the
21right to a quality education.
AJR137, s. 5
22Section
5. Section 29 of article I of the constitution is created to read:
AJR137,7,1
1[Article I] Section 29. Every person shall have the right to health care services.
AJR137, s. 6
2Section
6. Section 1 of article III of the constitution is amended to read:
AJR137,7,63
[Article III] Section 1. Every United States citizen age 18 or older who
is a
4resident of has resided in an election district
or ward in this state
for 10 consecutive
5days immediately preceding an election is a qualified elector of that district
or ward.
6The state shall take no action that abridges the right to vote.
AJR137, s. 7
7Section
7. Section 2 (intro.) of article III of the constitution is amended to read:
AJR137,7,98
[Article III] Section 2 (intro.) Laws
that do not create any obstruction to voting 9may be enacted:
AJR137, s. 8
10Section
8. Section 2 (4) (a) of article III of the constitution is amended to read:
AJR137,7,1211
[Article III] Section 2 (4) (a) Convicted of a felony, unless restored to civil rights
12or placed on probation or parole.
AJR137, s. 9
13Section
9. Section 7 of article III of the constitution is created to read:
AJR137,7,1614
[Article III] Section 7. Voting standards and procedures shall be uniform
15throughout the state. In any election for public office, if the results are within
16one-half of one percent, the state shall provide a manual recount of the ballots.
AJR137, s. 10
17Section
10. Section 3 of article IV of the constitution is renumbered section 3
18(1) of article IV and amended to read:
AJR137,7,2219
[Article IV] Section 3 (1)
At its During the first
legislative session after each
20enumeration made by the authority of the United States, the
legislature government
21accountability board shall apportion and district anew the members of the senate
22and assembly, according to the number of inhabitants.