1 | 1 | | LRB-0693/3 |
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2 | 2 | | RAC:wlj&amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 76 |
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5 | 5 | | September 29, 2023 - Introduced by Representatives A UGUST, GUSTAFSON, |
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6 | 6 | | DITTRICH, ALLEN, PLUMER, HURD, MAXEY, O'CONNOR, RETTINGER, SCHUTT, |
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7 | 7 | | ARMSTRONG, MAGNAFICI, NEDWESKI, BODDEN, SNYDER, PETERSEN, ROZAR, |
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8 | 8 | | BEHNKE, MURSAU, PENTERMAN, SWEARINGEN, SCHRAA, EDMING, MURPHY, |
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9 | 9 | | BROOKS, BINSFELD, GREEN, SUMMERFIELD, MOSES, CALLAHAN, DALLMAN, |
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10 | 10 | | SCHMIDT, GOEBEN, WITTKE, GUNDRUM, DUCHOW, MELOTIK, S. JOHNSON, |
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11 | 11 | | BRANDTJEN, BORN and MICHALSKI, cosponsored by Senators BRADLEY, NASS, |
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12 | 12 | | WANGGAARD, JACQUE, STROEBEL, BALLWEG, JAGLER, QUINN, TOMCZYK, TESTIN, |
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13 | 13 | | MARKLEIN, FELZKOWSKI, STAFSHOLT and CABRAL-GUEVARA. Referred to |
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14 | 14 | | Committee on Campaigns and Elections. |
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15 | 15 | | To renumber and amend section 1 of article III; and to create section 1 (1) of article |
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16 | 16 | | III of the constitution; relating to: eligibility to vote in Wisconsin (second |
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17 | 17 | | consideration). |
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18 | 18 | | Analysis by the Legislative Reference Bureau |
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19 | 19 | | EXPLANATION OF PROPOSAL |
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20 | 20 | | This proposed constitutional amendment, to be given second consideration by |
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21 | 21 | | the 2023 legislature for submittal to the voters in November 2024, was first |
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22 | 22 | | considered by the 2021 legislature in 2021 Senate Joint Resolution 32, which became |
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23 | 23 | | 2021 Enrolled Joint Resolution 13. |
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24 | 24 | | Currently, the constitution provides that every United States citizen age 18 or |
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25 | 25 | | older who is a resident of an election district in Wisconsin is a qualified elector of that |
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26 | 26 | | district. A qualified elector is an individual who is eligible to vote in Wisconsin, |
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27 | 27 | | subject to requirements established by law, such as voter registration. |
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28 | 28 | | This constitutional amendment specifies that only a United States citizen age |
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29 | 29 | | 18 or older is a qualified elector and only such a qualified elector may vote in an |
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30 | 30 | | election for national, state, or local office or at a statewide or local referendum. |
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31 | 31 | | PROCEDURE FOR SECOND CONSIDERA TION |
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32 | 32 | | When a proposed constitutional amendment is before the legislature on second |
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33 | 33 | | consideration, any change in the text approved by the preceding legislature causes |
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34 | 34 | | the proposed constitutional amendment to revert to first consideration status so that |
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35 | 35 | | second consideration approval would have to be given by the next legislature before |
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41 | 41 | | 2023 - 2024 Legislature |
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42 | 42 | | the proposal may be submitted to the people for ratification [see joint rule 57 (2)]. |
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43 | 43 | | If the legislature approves a proposed constitutional amendment on second |
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44 | 44 | | consideration, it must also set the date for submitting the proposed constitutional |
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45 | 45 | | amendment to the people for ratification and must determine the question or |
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46 | 46 | | questions to appear on the ballot. |
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47 | 47 | | Whereas, the 2021 legislature in regular session considered a proposed |
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48 | 48 | | amendment to the constitution in 2021 Senate Joint Resolution 32, which became |
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49 | 49 | | 2021 Enrolled Joint Resolution 13, and agreed to it by a majority of the members |
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50 | 50 | | elected to each of the two houses, which proposed amendment reads as follows: |
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51 | 51 | | SECTION 1. Section 1 of article III of the constitution is renumbered |
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52 | 52 | | section 1 (2) of article III and amended to read: |
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53 | 53 | | [Article III] Section 1 (2) Every Only a United States citizen age 18 |
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54 | 54 | | or older who is a resident of an election district in this state is a qualified |
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55 | 55 | | elector of that district who may vote in an election for national, state, or |
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56 | 56 | | local office or at a statewide or local referendum. |
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57 | 57 | | SECTION 2. Section 1 (1) of article III of the constitution is created |
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58 | 58 | | to read: |
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59 | 59 | | [Article III] Section 1 (1) In this section: |
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60 | 60 | | (a) “Local office" means any elective office other than a state or |
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61 | 61 | | national office. |
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62 | 62 | | (b) “National office" means the offices of president and vice president |
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63 | 63 | | of the United States, U.S. senator, and representative in congress. |
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64 | 64 | | (c) “Referendum" means an election at which an advisory , |
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65 | 65 | | validating, or ratifying question is submitted to the electorate. |
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66 | 66 | | (d) “State office" means the offices of governor, lieutenant governor, |
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67 | 67 | | secretary of state, state treasurer, attorney general, state superintendent |
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68 | 68 | | of public instruction, justice of the supreme court, court of appeals judge, |
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69 | 69 | | circuit court judge, state senator, state representative to the assembly, |
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70 | 70 | | and district attorney. |
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71 | 71 | | SECTION 3. Numbering of new provision. If another |
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72 | 72 | | constitutional amendment ratified by the people creates the number of |
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73 | 73 | | any provision created in this joint resolution, the chief of the legislative |
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74 | 74 | | reference bureau shall determine the sequencing and the numbering of |
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75 | 75 | | the provisions whose numbers conflict. |
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76 | 76 | | Now, therefore, be it resolved by the assembly, the senate concurring, |
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77 | 77 | | That the foregoing proposed amendment to the constitution is agreed to by the 2023 |
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78 | 78 | | legislature; and, be it further |
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88 | 88 | | SECTION 3 |
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89 | 89 | | 2023 - 2024 Legislature |
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90 | 90 | | Resolved, That the foregoing proposed amendment to the constitution be |
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91 | 91 | | submitted to a vote of the people at the election to be held on the first Tuesday of |
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92 | 92 | | November, 2024; and, be it further |
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93 | 93 | | Resolved, That the question concerning ratification of the foregoing proposed |
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94 | 94 | | amendment to the constitution be stated on the ballot as follows: |
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95 | 95 | | QUESTION 1: “Eligibility to vote. Shall section 1 of article III of the |
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96 | 96 | | constitution, which deals with suffrage, be amended to provide that only a United |
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97 | 97 | | States citizen age 18 or older who resides in an election district may vote in an |
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98 | 98 | | election for national, state, or local office or at a statewide or local referendum?" |
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99 | 99 | | (END) |
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