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2 | 2 | | RAC&JK:cjs&wlj |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 77 |
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5 | 5 | | September 29, 2023 - Introduced by Representatives AUGUST, BODDEN, SORTWELL, |
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6 | 6 | | DITTRICH, ALLEN, STEFFEN, PLUMER, HURD, MAXEY, O'CONNOR, RETTINGER, |
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7 | 7 | | SCHUTT, ARMSTRONG, MAGNAFICI, MICHALSKI, NEDWESKI, SNYDER, PETERSEN, |
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8 | 8 | | ROZAR, GUNDRUM, BEHNKE, MURSAU, PENTERMAN, SWEARINGEN, EDMING, |
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9 | 9 | | MURPHY, BROOKS, BINSFELD, CALLAHAN, GREEN, SUMMERFIELD, MOSES, |
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10 | 10 | | DONOVAN, DALLMAN, SCHMIDT, GOEBEN, WITTKE, DUCHOW, MELOTIK, S. JOHNSON, |
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11 | 11 | | BRANDTJEN, BORN and GUSTAFSON, cosponsored by Senators WIMBERGER, |
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12 | 12 | | WANGGAARD, NASS, STROEBEL, FEYEN, BALLWEG, TESTIN, MARKLEIN, COWLES, |
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13 | 13 | | FELZKOWSKI, TOMCZYK, STAFSHOLT and CABRAL-GUEVARA. Referred to |
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14 | 14 | | Committee on Campaigns and Elections. |
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15 | 15 | | To create section 7 of article III of the constitution; relating to: prohibiting state |
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16 | 16 | | and local governments from using privately sourced moneys or equipment in |
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17 | 17 | | connection with the conduct of elections and specifying who may perform tasks |
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18 | 18 | | related to the conduct of an election (second consideration). |
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19 | 19 | | Analysis by the Legislative Reference Bureau |
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20 | 20 | | EXPLANATION OF PROPOSAL |
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21 | 21 | | This proposed constitutional amendment, to be given second consideration by |
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22 | 22 | | the 2023 legislature for submittal to the voters in April 2024, was first considered by |
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23 | 23 | | the 2021 legislature in 2021 Senate Joint Resolution 101, which became 2021 |
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24 | 24 | | Enrolled Joint Resolution 17. |
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25 | 25 | | This constitutional amendment provides that no state agency or officer or |
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26 | 26 | | employee in state government and no political subdivision of the state or officer or |
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27 | 27 | | employee of a political subdivision may apply for, accept, expend, or use any moneys |
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28 | 28 | | or equipment in connection with the conduct of any primary, election, or referendum |
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29 | 29 | | if the moneys or equipment are donated or granted by an individual or |
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30 | 30 | | nongovernmental entity. The constitutional amendment also prohibits any |
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31 | 31 | | individual other than an election official designated by law from performing any task |
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32 | 32 | | in the conduct of any primary, election, or referendum. |
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33 | 33 | | PROCEDURE FOR SECOND CONSIDERA TION |
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34 | 34 | | When a proposed constitutional amendment is before the legislature on second |
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40 | 40 | | RAC&JK:cjs&wlj |
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41 | 41 | | 2023 - 2024 Legislature |
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42 | 42 | | consideration, any change in the text approved by the preceding legislature causes |
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43 | 43 | | the proposed constitutional amendment to revert to first consideration status so that |
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44 | 44 | | second consideration approval would have to be given by the next legislature before |
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45 | 45 | | the proposal may be submitted to the people for ratification [see joint rule 57 (2)]. |
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46 | 46 | | If the legislature approves a proposed constitutional amendment on second |
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47 | 47 | | consideration, it must also set the date for submitting the proposed constitutional |
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48 | 48 | | amendment to the people for ratification and must determine the question or |
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49 | 49 | | questions to appear on the ballot. |
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50 | 50 | | Whereas, the 2021 legislature in regular session considered a proposed |
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51 | 51 | | amendment to the constitution in 2021 Senate Joint Resolution 101, which became |
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52 | 52 | | 2021 Enrolled Joint Resolution 17, and agreed to it by a majority of the members |
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53 | 53 | | elected to each of the two houses, which proposed amendment reads as follows: |
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54 | 54 | | SECTION 1. Section 7 of article III of the constitution is created to |
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55 | 55 | | read: |
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56 | 56 | | [Article III] Section 7 (1) No state agency or officer or employee in |
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57 | 57 | | state government and no political subdivision of the state or officer or |
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58 | 58 | | employee of a political subdivision may apply for, accept, expend, or use |
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59 | 59 | | any moneys or equipment in connection with the conduct of any primary, |
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60 | 60 | | election, or referendum if the moneys or equipment are donated or granted |
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61 | 61 | | by an individual or nongovernmental entity. |
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62 | 62 | | (2) No individual other than an election official designated by law |
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63 | 63 | | may perform any task in the conduct of any primary, election, or |
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64 | 64 | | referendum. |
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65 | 65 | | SECTION 2. Numbering of new provision. If another |
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66 | 66 | | constitutional amendment ratified by the people creates the number of |
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67 | 67 | | any provision created in this joint resolution, the chief of the legislative |
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68 | 68 | | reference bureau shall determine the sequencing and the numbering of |
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69 | 69 | | the provisions whose numbers conflict. |
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70 | 70 | | Now, therefore, be it resolved by the assembly, the senate concurring, |
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71 | 71 | | That the foregoing proposed amendment to the constitution is agreed to by the 2023 |
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72 | 72 | | legislature; and, be it further |
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73 | 73 | | Resolved, That the foregoing proposed amendment to the constitution be |
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74 | 74 | | submitted to a vote of the people at the election to be held on the first Tuesday of April |
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75 | 75 | | 2024; and, be it further |
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88 | 88 | | SECTION 2 |
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89 | 89 | | 2023 - 2024 Legislature |
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90 | 90 | | Resolved, That the questions concerning ratification of the foregoing proposed |
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91 | 91 | | amendment to the constitution be stated on the ballot as follows: |
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92 | 92 | | QUESTION 1: “Use of private funds in election administration. Shall |
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93 | 93 | | section 7 (1) of article III of the constitution be created to provide that private |
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94 | 94 | | donations and grants may not be applied for, accepted, expended, or used in |
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95 | 95 | | connection with the conduct of any primary, election, or referendum?" |
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96 | 96 | | QUESTION 2: “Election officials. Shall section 7 (2) of article III of the |
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97 | 97 | | constitution be created to provide that only election officials designated by law may |
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98 | 98 | | perform tasks in the conduct of primaries, elections, and referendums?" |
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99 | 99 | | (END) |
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