AJR51: Joint Resolution Text

LRB-1988/1

SRM:kjf:rs

2011 - 2012 LEGISLATURE

2011 Assembly JOINT RESOLUTION 51

August 2, 2011 - Introduced by Representatives Spanbauer, Berceau, Clark, Doyle, Hintz, T. Larson and Wynn, cosponsored by Senator Wanggaard. Referred to Committee on Election and Campaign Reform.

AJR51,1,9 To amend so as in effect to repeal section 4 (1) (b) of article VI, section 4 (1) (c) of article VI and section 4 (3) (a) of article VI; to renumber section 4 (3) (b) of article VI; to amend section 4 (1) (a) of article VI, section 12 (2) of article VII and section 1 of article XIII; and to create section 4 (1) (d) of article VI, section 4 (1) (e) of article VI, section 1 (3) of article XIII and section 18 of article XIV of the constitution; relating to: nonpartisan elections for district attorney, sheriff, register of deeds, county clerk, treasurer, surveyor, coroner, and clerk of circuit court, and changing the election at which those officers are elected (first consideration).

Analysis by the Legislative Reference Bureau

This constitutional amendment, proposed to the 2011 legislature on first consideration, makes elections for the office of district attorney, sheriff, register of deeds, county clerk, treasurer, surveyor, coroner, and clerk of circuit court nonpartisan and changes the term of office to begin on the first Monday in June.

A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

AJR51,2,1 Resolved by the assembly, the senate concurring, That:

AJR51, s. 1 Section 1. Section 4 (1) (a) of article VI of the constitution is amended to read:

AJR51,2,6 [Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) (d) and (e) and sub. (2), coroners, registers of deeds, and all other elected county officers, except judicial officers, sheriffs, and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.

AJR51, s. 2 Section 2. Section 4 (1) (b) of article VI of the constitution is amended so as in effect to repeal said paragraph:

AJR51,2,16 [Article VI] Section 4 (1) (b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

AJR51, s. 3 Section 3. Section 4 (1) (c) of article VI of the constitution is amended so as in effect to repeal said paragraph:

AJR51,3,4 [Article VI] Section 4 (1) (c) Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, district attorneys, registers of deeds, county clerks, and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

AJR51, s. 4 Section 4. Section 4 (1) (d) of article VI of the constitution is created to read:

AJR51,3,16 [Article VI] Section 4 (1) (d) Beginning with the first spring election after the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen on a nonpartisan ballot by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years from the succeeding first Monday in June; and coroners in counties in which there is a coroner shall be chosen on a nonpartisan ballot by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years from the succeeding first Monday in June.

AJR51, s. 5 Section 5. Section 4 (1) (e) of article VI of the constitution is created to read:

AJR51,4,4 [Article VI] Section 4 (1) (e) Beginning with the first spring election after the first general election at which the president is elected which occurs after the ratification of this paragraph, district attorneys, registers of deeds, county clerks, and treasurers shall be chosen on a nonpartisan ballot by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years from the succeeding first Monday in June; and surveyors in counties in which the office of surveyor is filled by election shall be chosen on a nonpartisan ballot by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years from the succeeding first Monday in June.

AJR51, s. 6 Section 6. Section 4 (3) (a) of article VI of the constitution is amended so as in effect to repeal said paragraph:

AJR51,4,7 [Article VI] Section 4 (3) (a) Sheriffs may not hold any other partisan office.

AJR51, s. 7 Section 7. Section 4 (3) (b) of article VI of the constitution is renumbered section 4 (3) of article VI.

AJR51, s. 8 Section 8. Section 12 (2) of article VII of the constitution is amended to read:

AJR51,4,15 [Article VII] Section 12 (2) Beginning with the first spring election after the first general election at which the governor is elected which occurs after the ratification of this subsection, a clerk of circuit court shall be chosen on a nonpartisan ballot by the electors of each county, for the term of 4 years from the succeeding first Monday in June, subject to removal as provided by law.

AJR51, s. 9 Section 9. Section 1 of article XIII of the constitution is amended to read:

AJR51,4,22 [Article XIII] Section 1 (1) The political year for this state shall commence on the first Monday of January in each year, for all officers elected on a partisan ballot at the general election and shall commence on the 3rd Monday after the spring election for all officers elected on a nonpartisan ballot at the spring election in odd-numbered years other than the superintendent of public instruction, justices, and judges.

AJR51,4,24 (2) The general election shall be held on the Tuesday next succeeding the first Monday of November in even-numbered years.

AJR51, s. 10 Section 10. Section 1 (3) of article XIII of the constitution is created to read:

AJR51,5,2 [Article XIII] Section 1 (3) A spring election for officers elected on a nonpartisan ballot shall be held in odd-numbered years at the time prescribed by law.

AJR51, s. 11 Section 11. Section 18 of article XIV of the constitution is created to read:

AJR51,5,8 [Article XIV] Section 18. The terms of office of district attorneys, sheriffs, registers of deeds, county clerks, treasurers, surveyors, coroners, and clerks of circuit court elected at the last general election held before this amendment takes effect expire on the first Monday in June after the first spring election at which an election is held for the office.

AJR51, s. 12 Section 12. Numbering of new provisions. If another constitutional amendment ratified by the people creates the number of any provision created in this joint resolution, the chief of the legislative reference bureau shall determine the sequencing and the numbering of the provisions whose numbers conflict.

AJR51,5,15 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for three months previous to the time of holding such election.

AJR51,5,16 (End)