IV,4Representatives to the assembly, how chosen. Section 4. [As amended Nov. 1881 and Nov. 1982] The members of the assembly shall be chosen biennially, by single districts, on the Tuesday succeeding the first Monday of November in even-numbered years, by the qualified electors of the several districts, such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory and be in as compact form as practicable. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982] Under this section, assembly districts must be bounded by county, precinct, town, or ward lines. Given federal one person, one vote requirements, bounding every assembly district by county, precinct, town, and ward lines may not be possible. However, this section must be given full effect to the extent it does not conflict with federal law. The court is particularly skeptical of town and ward splits because the smaller the political subdivision, the easier it may be to preserve its boundaries. Johnson v. Wisconsin Elections Commission, 2022 WI 19, 401 Wis. 2d 198, 972 N.W.2d 559, 21-1450. Contiguity is a constitutional imperative for all districts. Contiguous territory is territory that is touching or in actual contact. In other words, a district must be physically intact such that a person could travel from one point in the district to any other point in the district without crossing district lines. The contiguity requirements are not satisfied when a district includes detached territory that is a “municipal island,” a portion of a municipality separated from the main body of the municipality that is created via annexation, even if the main body of the municipality is located in the district. Clarke v. Wisconsin Elections Commission, 2023 WI 79, 410 Wis. 2d 1, 998 N.W.2d 370, 23-1399. Touch-point contiguity occurs when territory is contiguous only because it is joined at a single point. Since territory that touches at a single point is indeed touching, touch-point contiguity alone does not violate the contiguity requirement. Clarke v. Wisconsin Elections Commission, 2023 WI 79, 410 Wis. 2d 1, 998 N.W.2d 370, 23-1399. U.S. Supreme Court decisions requiring almost absolute equality of population among electoral districts render nugatory the state court’s construction of art. IV, sec. 4, as prohibiting assembly districts from dividing counties except where a county is entitled to more than one assembly member. 58 Atty. Gen. 88.
/constitution/wi
false
wisconsinconstitution
/constitution/wi/000232/000005
wisconsinconstitution/IV,4
wisconsinconstitution/IV,4
section
