Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AJR87 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY JOINT RESOLUTIO N 87
5	5	October 31, 2023 - Introduced by Representatives SINICKI, JOERS, SHANKLAND, J.
6	6	ANDERSON, RATCLIFF, CONLEY, EMERSON, SNODGRASS, BALDEH, OHNSTAD, BARE,
7	7	SHELTON, CONSIDINE, PALMERI, JACOBSON and ANDRACA, cosponsored by
8	8	Senators SMITH, HESSELBEIN, L. JOHNSON and LARSON. Referred to Committee
9	9	on Campaigns and Elections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	To amend section 1 of article IV, section 17 (2) of article IV and section 10 (1) (b) of
12	12	article V; and to create section 7 of article III, section 17 (4) of article IV, section
13	13	17 (5) of article IV, section 17 (6) of article IV and section 17 (7) of article IV of
14	14	the constitution; relating to: reserving to the people the power of referendum
15	15	to reject acts of the legislature and the power of initiative to propose and
16	16	approve at an election laws and constitutional amendments (first
17	17	consideration).
18	18	Analysis by the Legislative Reference Bureau
19	19	This constitutional amendment, proposed to the 2023 legislature on first
20	20	consideration, creates a petition process by which the people may propose and
21	21	approve laws and constitutional amendments at an election and creates a
22	22	referendum process by which the people may reject an act of the legislature.
23	23	REFERENDUM
24	24	The amendment provides that no act may become effective until at least 120
25	25	days after the act is published. During that period, the people may file a petition with
26	26	the commission that administers state elections (Elections Commission) for a
27	27	referendum to reject the act, a section of the act, or an item of appropriation in the
28	28	act. The amendment requires the legislature to establish the Elections Commission.
29	29	A petition for referendum must be signed by qualified electors equaling at least
30	30	4 percent of the vote cast for the office of governor at the last preceding gubernatorial
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41	41	election and must be filed with the Elections Commission within 90 days after the
42	42	date of publication of the act.
43	43	After validating a petition's signatures, the Elections Commission is required
44	44	to order a referendum at the next general election occurring at least 120 days after
45	45	the petition was filed with the Elections Commission. No act or part of an act subject
46	46	to the petition may go into effect unless a majority of those voting on the referendum
47	47	approve it. If the petition is against a part of an act, the remainder of the act is not
48	48	prevented from going into effect. No act or part of an act rejected in a referendum
49	49	may be reenacted during the legislative session in which it was rejected.
50	50	INITIATIVE
51	51	The amendment further provides that the people may propose, by petition filed
52	52	with the Elections Commission, laws and constitutional amendments for a vote at
53	53	an election. The petition must satisfy all of the following conditions:
54	54	1. If a petition for an initiative law, be signed by qualified electors equaling at
55	55	least 6 percent of the vote cast for the office of governor at the last preceding
56	56	gubernatorial election.
57	57	2. If a petition for an initiative constitutional amendment, be signed by
58	58	qualified electors equaling at least 8 percent of the vote cast for the office of governor
59	59	at the last preceding gubernatorial election.
60	60	3. Include the full text of the proposed law or constitutional amendment
61	61	prepared in proper form. Upon request by any qualified elector, the Elections
62	62	Commission is required to have the proposed law or constitutional amendment
63	63	drafted in proper form and made available to the public. The proposed law or
64	64	amendment must embrace no more than one subject, and that subject must be
65	65	expressed in the title.
66	66	4. Be filed with the Elections Commission not less than 120 days before the
67	67	election at which the proposed law or constitutional amendment is to be voted upon.
68	68	Similar to the process for a referendum, after verifying an initiative petition's
69	69	signatures, the Elections Commission is required to order the submission of the
70	70	initiative law or constitutional amendment to the qualified electors of the state for
71	71	their approval or rejection at the next succeeding general election occurring at least
72	72	120 days after the petition was filed with the Elections Commission.
73	73	If approved by a majority of the qualified electors voting at the election, an
74	74	initiative law or constitutional amendment goes into effect on the 30th day after the
75	75	date the Elections Commission certifies the election results, unless a different
76	76	effective date is specified in the initiative. The legislature may not repeal or amend
77	77	an initiative law for the two years immediately succeeding its publication and may
78	78	not repeal or amend an initiative law except by a vote of two-thirds of all members
79	79	elected to each house. If an initiative law or constitutional amendment fails to pass
80	80	at the election, substantially the same initiative law or amendment, as determined
81	81	by the Elections Commission, may not be considered again by voters under the
82	82	initiative process for at least five years. - 3 -
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86	86	SECOND CONSIDERATION AND RATIFICATION
87	87	A proposed constitutional amendment requires adoption by two successive
88	88	legislatures, and ratification by the people, before it can become effective.
89	89	Resolved by the assembly, the senate concurring, That:
90	90	SECTION 1. Section 7 of article III of the constitution is created to read:
91	91	[Article III] Section 7. The legislature shall establish by law a commission to
92	92	administer state elections.
93	93	SECTION 2. Section 1 of article IV of the constitution is amended to read:
94	94	[Article IV] Section 1. The legislative power, except for the initiative and
95	95	referendum powers reserved to the people, shall be vested in a senate and assembly.
96	96	SECTION 3. Section 17 (2) of article IV of the constitution is amended to read:
97	97	[Article IV] Section 17 (2) No Except as provided under sub. (6) (c), no law shall
98	98	be enacted except by bill. No law shall be in force until published.
99	99	SECTION 4. Section 17 (4) of article IV of the constitution is created to read:
100	100	[Article IV] Section 17 (4) No act passed by the legislature may take effect
101	101	before the 120th day after the date of publication of the act.
102	102	SECTION 5. Section 17 (5) of article IV of the constitution is created to read:
103	103	[Article IV] Section 17 (5) (a) The people reserve to themselves the power to
104	104	approve or reject at a referendum any act of the legislature or part of an act as
105	105	provided in this subsection. The people may petition for a referendum on the passage
106	106	of an act, one or more sections of an act, or one or more items of appropriation in an
107	107	act. The petition for a referendum shall satisfy all of the following conditions:
108	108	1. Be signed by qualified electors equaling at least 4 percent of the vote cast for
109	109	the office of governor at the last preceding gubernatorial election.
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135	135	2. Be filed with the commission administering state elections on or before the
136	136	90th day after the date of publication of the act.
137	137	(b) All signatures for a petition submitted under par. (a) must be made on paper.
138	138	After verifying the sufficiency of the signatures for a petition, the commission
139	139	administering state elections shall order the submission of the act or each act section
140	140	or each item of appropriation in the petition to the qualified electors of the state for
141	141	their approval or rejection at the next succeeding general election occurring
142	142	subsequent to 120 days after the filing of the petition.
143	143	(c) No act of the legislature, section of an act, or item of appropriation subject
144	144	to referendum under this subsection shall go into effect unless approved by a
145	145	majority of the qualified electors voting at the referendum. If a referendum petition
146	146	is filed against a part of an act, the remainder of the act shall not thereby be
147	147	prevented or delayed from going into effect.
148	148	(d) No act of the legislature or part of an act rejected in a referendum may be
149	149	reenacted during the legislative session in which it was rejected.
150	150	SECTION 6. Section 17 (6) of article IV of the constitution is created to read:
151	151	[Article IV] Section 17 (6) (a) The people reserve to themselves the power of
152	152	initiative to propose laws and amendments to this constitution and to approve or
153	153	reject them at an election independently of the legislature as provided in this
154	154	subsection. The people may propose an initiative law or constitutional amendment
155	155	by petition for a vote of the people on the passage of the law or ratification of the
156	156	amendment. The petition shall satisfy all of the following conditions:
157	157	1. If a petition for an initiative law, be signed by qualified electors equaling at
158	158	least 6 percent of the vote cast for the office of governor at the last preceding
159	159	gubernatorial election.
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187	187	SECTION 6
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189	189	2. If a petition for an initiative constitutional amendment, be signed by
190	190	qualified electors equaling at least 8 percent of the vote cast for the office of governor
191	191	at the last preceding gubernatorial election.
192	192	3. Include the full text of the proposed law or constitutional amendment
193	193	prepared in proper form, as provided by law. Upon request by any qualified elector,
194	194	the commission administering state elections shall have the proposed law or
195	195	constitutional amendment drafted in proper form, as provided by law, and made
196	196	available to the public. The proposed law or amendment shall embrace no more than
197	197	one subject, and that shall be expressed in the title.
198	198	4. Be filed with the commission administering state elections not less than 120
199	199	days before the election at which the proposed law or constitutional amendment is
200	200	to be voted upon.
201	201	(b) All signatures for a petition submitted under par. (a) must be made on paper.
202	202	After verifying the sufficiency of the signatures for a petition, the commission
203	203	administering state elections shall order the submission of the initiative law or
204	204	amendment to the qualified electors of the state for their approval or rejection at the
205	205	next succeeding general election occurring subsequent to 120 days after the filing of
206	206	the petition.
207	207	(c) If approved by a majority of the qualified electors voting at the election, an
208	208	initiative law or constitutional amendment shall go into effect on the 30th day after
209	209	the date the commission administering state elections certifies the election results
210	210	as provided by law, unless a different effective date is specified in the initiative law
211	211	or amendment. The legislature may not repeal or amend an initiative law or any part
212	212	of an initiative law for the two years immediately succeeding its publication and may
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241	241	not repeal or amend an initiative law or any part of an initiative law except by a vote
242	242	of two-thirds of all the members elected to each house.
243	243	(d) If not approved by a majority of the qualified electors voting at the election,
244	244	substantially the same initiative law or constitutional amendment, as determined
245	245	by the commission administering state elections, may not be submitted again to the
246	246	qualified electors under par. (b) until a general election occurring at least five years
247	247	after the general election at which the initiative law or constitutional amendment
248	248	was rejected.
249	249	SECTION 7. Section 17 (7) of article IV of the constitution is created to read:
250	250	[Article IV] Section 17 (7) No person may pay to or receive from another person
251	251	money or another thing of value based on the number of signatures obtained on an
252	252	initiative or referendum petition under this section. This subsection does not
253	253	prohibit payment for signature gathering that is not based, either directly or
254	254	indirectly, on the number of signatures obtained.
255	255	SECTION 8. Section 10 (1) (b) of article V of the constitution is amended to read:
256	256	[Article V] Section 10 (1) (b) If the governor approves and signs the bill, the bill
257	257	shall become law unless rejected by the people at a referendum. Appropriation bills
258	258	may be approved in whole or in part by the governor, and the part approved shall
259	259	become law unless rejected by the people at a referendum.
260	260	SECTION 9. Numbering of new provisions. If another constitutional
261	261	amendment ratified by the people creates the number of any provision created in this
262	262	joint resolution, the chief of the legislative reference bureau shall determine the
263	263	sequencing and the numbering of the provisions whose numbers conflict and shall
264	264	adjust any cross-references to those provisions.
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291	291	SECTION 9
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293	293	Be it further resolved, That this proposed amendment be referred to the
294	294	legislature to be chosen at the next general election and that it be published for three
295	295	months previous to the time of holding such election.
296	296	(END)
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