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 1Resolved by the senate, the assembly concurring, That:
SJR38, 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:
SJR38,3,24 [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,

1except judicial officers, sheriffs and chief executive officers, shall be chosen by the
2electors of the respective counties once in every 2 years.
SJR38, s. 2 3Section 2. Section 4 (1) (b) and (c) of article VI of the constitution are created
4to read:
SJR38,3,95 [Article VI] Section 4 (1) (b) Beginning with the first general election at which
6the governor is elected which occurs after the ratification of this paragraph, sheriffs
7and district attorneys shall be chosen by the electors of the respective counties, or by
8the electors of all of the respective counties comprising each combination of counties
9combined by the legislature for that purpose, for the term of 4 years.
SJR38,3,1810 (c) Beginning with the first general election at which the president is elected
11which occurs after the ratification of this paragraph, registers of deeds, clerks and
12treasurers shall be chosen by the electors of the respective counties, or by the electors
13of all of the respective counties comprising each combination of counties combined
14by the legislature for that purpose, for the term of 4 years and surveyors in counties
15in which the office of surveyor is filled by election and coroners in counties in which
16there is a coroner shall be chosen by the electors of the respective counties, or by the
17electors of all of the respective counties comprising each combination of counties
18combined by the legislature for that purpose, for the term of 4 years.
SJR38, s. 3 19Section 3. Section 4 (3) (a) of article VI of the constitution is amended so as
20in effect to repeal said paragraph:
SJR38,3,2121 [Article VI] Section 4 (3) (a) Sheriffs may not hold any other partisan office.
SJR38, s. 4 22Section 4. Section 4 (3) (b) of article VI of the constitution is renumbered
23Section 4 (3) of article VI.
SJR38, s. 5 24Section 5. Section 4 (3) (c) of article VI of the constitution is amended so as in
25effect to repeal said paragraph:
SJR38,4,3
1[Article VI] Section 4 (3) (c) Beginning with the first general election at which
2the governor is elected which occurs after the ratification of this paragraph, sheriffs
3shall be chosen by the electors of the respective counties once in every 4 years.
SJR38, s. 6 4Section 6. Section 4 (4) of article VI of the constitution is amended to read:
SJR38,4,75 [Article VI] Section 4 (4) The governor may remove any elected county officer
6mentioned in this section except a clerk, treasurer or surveyor, giving to the officer
7a copy of the charges and an opportunity of being heard.
SJR38, s. 7 8Section 7. Section 4 (5) of article VI of the constitution is amended to read:
SJR38,4,229 [Article VI] Section 4 (5) All vacancies in the offices of coroner, register of deeds
10or district attorney shall be filled by appointment. The, except a vacancy caused by
11an irrevocable resignation which under sub. (8) permits the person resigning the
12office to hold another office. A
person appointed to fill a vacancy occurring on or
13before June 1 of the 2nd year of the term for which the person's predecessor was
14elected shall hold office only until the first Monday in January occurring after the
152nd year of the term for which the person's predecessor was elected and until a
16successor is elected and qualified. A person appointed to fill a vacancy occurring after
17June 1 of the 2nd year of the term for which the person's predecessor was elected
shall
18hold office only for the unexpired portion of the term to which appointed and until
19a successor shall be is elected and qualified. A vacancy caused by an irrevocable
20resignation which under sub. (8) permits the person resigning the office to hold
21another office shall be filled by special election held concurrently with the election
22for the office for which the person is a candidate.
SJR38, s. 8 23Section 8. Section 4 (8) of article VI of the constitution is created to read:
SJR38,5,424 [Article VI] Section 4 (8) (a) A person who holds the office of sheriff, coroner,
25register of deeds, district attorney, clerk, treasurer or surveyor may not hold any

1other partisan elected office of public trust during the term for which the person is
2elected or appointed, unless the person irrevocably resigns the office, effective no
3later than the beginning of the term of the office for which the person becomes a
4candidate, before the person becomes a candidate for the other office.
SJR38,5,75 (b) Notwithstanding par. (a), a person need not resign an office that the person
6holds before assuming the office for which the person becomes a candidate if the office
7for which the person becomes a candidate is to be filled at a special election.
SJR38, s. 9 8Section 9. Section 12 of article VII of the constitution is renumbered section
912 (1) of article VII and amended to read:
SJR38,5,1310 [Article VII] Section 12 (1) There shall be a clerk of the circuit court chosen in
11each county organized for judicial purposes by the qualified electors thereof, who,
12except as provided in sub. (2),
shall hold his office for two years, subject to removal
13as shall be provided by law; in.
SJR38,6,4 14(3) In case of a vacancy, except a vacancy caused by an irrevocable resignation
15which under sub. (6) permits the person resigning the office to hold another office
,
16the judge of the circuit court shall have power to or, if there is more than one judge,
17the chief judge of the judicial administrative district as designated by the chief
18justice, unless the legislature provides otherwise, may
appoint a clerk until the
19vacancy shall be is filled by an election; the. The person appointed to fill a vacancy
20occurring on or before June 1 of the 2nd year of the term for which the person's
21predecessor was elected shall hold office only until the first Monday in January
22occurring after the 2nd year of the term for which the person's predecessor was
23elected and until a successor is elected and qualified. The person appointed to fill a
24vacancy occurring after June 1 of the 2nd year of the term for which the person's
25predecessor was elected shall hold office only for the unexpired portion of the term

1to which the person is appointed and until a successor is elected and qualified. A
2vacancy caused by an irrevocable resignation which under sub. (6) permits the
3person resigning the office to hold another office shall be filled by special election held
4concurrently with the election for the office for which the person is a candidate.
SJR38,6,6 5(4) The clerk thus elected or appointed of circuit court shall give such security
6as the legislature may require requires by law.
SJR38,6,8 7(5) The supreme court shall appoint its own clerk, and may appoint a clerk of
8the circuit court may be appointed a to be the clerk of the supreme court.
SJR38, s. 10 9Section 10. Section 12 (2) of article VII of the constitution is created to read:
SJR38,6,1310 [Article VII] Section 12 (2) Beginning with the first general election at which
11the governor is elected which occurs after the ratification of this subsection, a clerk
12of circuit court shall be chosen by the electors of all of the respective counties
13comprising each circuit for the term of 4 years, subject to removal as provided by law.
SJR38, s. 11 14Section 11. Section 12 (6) of article VII of the constitution is created to read:
SJR38,6,2015 [Article VII] Section 12 (6) (a) A person who holds the office of clerk of circuit
16court may not hold any other partisan elected office of public trust during the term
17for which the person is elected or appointed, unless the person irrevocably resigns
18the office to become a candidate for another office, effective no later than the
19beginning of the term of the office for which the person becomes a candidate, before
20the person becomes a candidate for the other office.
SJR38,6,2321 (b) Notwithstanding par. (a), a person need not resign an office that the person
22holds before assuming the office for which the person becomes a candidate if the office
23for which the person becomes a candidate is to be filled at a special election.
SJR38, s. 12 24Section 12. Reconciliation. If the amendment of section 4 (1) of article VI
25and the creation of section 4 (7) of article VI of the constitution as proposed by 1999

1Assembly Joint Resolution 3 is ratified by the people before the ratification of this
2amendment, section 4 (1) of article VI of the constitution shall, in lieu of the
3treatment shown in Section 1 of this amendment, be renumbered and amended as
4follows; section 4 (7) of article VI of the constitution as created by 1999 Assembly
5Joint Resolution 3 be amended so as in effect to repeal said subsection as follows; and
6section 4 (1) (b) and (c) of article VI of the constitution shall be created as provided
7in Section 2 of this amendment:
SJR38,7,11 8"[Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) and sub. (2),
9coroners, registers of deeds, and all other elected county officers, except judicial
10officers, sheriffs, district attorneys and
chief executive officers, shall be chosen by the
11electors of the respective counties once in every 2 years.
SJR38,7,1412 [Article VI] Section 4 (7) Beginning with the first general election which occurs
13following ratification of this subsection, district attorneys shall be chosen by the
14electors of the respective counties once in every 4 years.
".
SJR38, s. 13 15Section 13. Numbering of new provisions.
SJR38,8,316 (1) The new paragraph (b) of subsection (1) of section 4 of article VI of the
17constitution created in this joint resolution shall be designated by the next higher
18open paragraph letter in that subsection in that section in that article if, before the
19ratification by the people of the amendment proposed in this joint resolution, any
20other ratified amendment has created a paragraph (b) of subsection (1) of section 4
21of article VI of the constitution of this state. If one or more joint resolutions create
22a paragraph (b) of subsection (1) of section 4 of article VI simultaneously with the
23ratification by the people of the amendment proposed in this joint resolution, the
24paragraphs created shall be numbered and placed in a sequence so that the
25paragraphs created by the joint resolution having the lowest enrolled joint resolution

1number have the letters designated in that joint resolution and the paragraphs
2created by the other joint resolutions have letters that are in the same ascending
3order as are the numbers of the enrolled joint resolutions creating the paragraphs.
SJR38,8,164 (2) The new paragraph (c) of subsection (1) of section 4 of article VI of the
5constitution created in this joint resolution shall be designated by the next higher
6open paragraph letter in that subsection in that section in that article if, before the
7ratification by the people of the amendment proposed in this joint resolution, any
8other ratified amendment has created a paragraph (c) of subsection (1) of section 4
9of article VI of the constitution of this state. If one or more joint resolutions create
10a paragraph (c) of subsection (1) of section 4 of article VI simultaneously with the
11ratification by the people of the amendment proposed in this joint resolution, the
12paragraphs created shall be lettered and placed in a sequence so that the paragraphs
13created by the joint resolution having the lowest enrolled joint resolution number
14have the letters designated in that joint resolution and the paragraphs created by
15the other joint resolutions have letters that are in the same ascending order as are
16the numbers of the enrolled joint resolutions creating the paragraphs.
SJR38,9,417 (3) The new subsection (8) of section 4 of article VI of the constitution created
18in this joint resolution shall be designated by the next higher open whole subsection
19number in that section in that article if, before the ratification by the people of the
20amendment proposed in this joint resolution, any other ratified amendment has
21created a subsection (8) of section 4 of article VI of the constitution of this state. If
22one or more joint resolutions create a subsection (8) of section 4 of article VI
23simultaneously with the ratification by the people of the amendment proposed in this
24joint resolution, the subsections created shall be numbered and placed in a sequence
25so that the subsections created by the joint resolution having the lowest enrolled joint

1resolution number have the numbers designated in that joint resolution and the
2subsections created by the other joint resolutions have numbers that are in the same
3ascending order as are the numbers of the enrolled joint resolutions creating the
4subsections.
SJR38,9,175 (4) The new subsection (2) of section 12 of article VII of the constitution created
6in this joint resolution shall be designated by the next higher open whole subsection
7number in that section in that article if, before the ratification by the people of the
8amendment proposed in this joint resolution, any other ratified amendment has
9created a subsection (2) of section 12 of article VII of the constitution of this state.
10If one or more joint resolutions create a subsection (2) of section 12 of article VII
11simultaneously with the ratification by the people of the amendment proposed in this
12joint resolution, the subsections created shall be numbered and placed in a sequence
13so that the subsections created by the joint resolution having the lowest enrolled joint
14resolution number have the numbers designated in that joint resolution and the
15subsections created by the other joint resolutions have numbers that are in the same
16ascending order as are the numbers of the enrolled joint resolutions creating the
17subsections.
SJR38,9,2518 (5) The new subsection (6) of section 12 of article VII of the constitution created
19in this joint resolution shall be designated by the next higher open whole subsection
20number in that section in that article if, before the ratification by the people of the
21amendment proposed in this joint resolution, any other ratified amendment has
22created a subsection (6) of section 12 of article VII of the constitution of this state.
23If one or more joint resolutions create a subsection (6) of section 12 of article VII
24simultaneously with the ratification by the people of the amendment proposed in this
25joint resolution, the subsections created shall be numbered and placed in a sequence

1so that the subsections created by the joint resolution having the lowest enrolled joint
2resolution number have the numbers designated in that joint resolution and the
3subsections created by the other joint resolutions have numbers that are in the same
4ascending order as are the numbers of the enrolled joint resolutions creating the
5subsections.
SJR38,10,8 6Be it further resolved, That this proposed amendment be referred to the
7legislature to be chosen at the next general election and that it be published for 3
8months previous to the time of holding such election.
SJR38,10,99 (End)
Loading...
Loading...