Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SJR80 Compare Versions

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

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1	1	LRB-4649/1
2	2	JK&MPG:klm
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE JOINT RESOLUTIO N 80
5	5	October 23, 2023 - Introduced by Senators SMITH, HESSELBEIN, L. JOHNSON and
6	6	LARSON, cosponsored by Representatives SINICKI, JOERS, SHANKLAND, J.
7	7	ANDERSON, RATCLIFF, CONLEY, EMERSON, SNODGRASS, BALDEH, OHNSTAD, BARE,
8	8	SHELTON, CONSIDINE, PALMERI, JACOBSON and ANDRACA. Referred to Committee
9	9	on Government Operations.
10	10	To amend section 1 of article IV, section 17 (2) of article IV and section 10 (1) (b) of
11	11	article V; and to create section 7 of article III, section 17 (4) of article IV, section
12	12	17 (5) of article IV, section 17 (6) of article IV and section 17 (7) of article IV of
13	13	the constitution; relating to: reserving to the people the power of referendum
14	14	to reject acts of the legislature and the power of initiative to propose and
15	15	approve at an election laws and constitutional amendments (first
16	16	consideration).
17	17	Analysis by the Legislative Reference Bureau
18	18	This constitutional amendment, proposed to the 2023 legislature on first
19	19	consideration, creates a petition process by which the people may propose and
20	20	approve laws and constitutional amendments at an election and creates a
21	21	referendum process by which the people may reject an act of the legislature.
22	22	REFERENDUM
23	23	The amendment provides that no act may become effective until at least 120
24	24	days after the act is published. During that period, the people may file a petition with
25	25	the commission that administers state elections (Elections Commission) for a
26	26	referendum to reject the act, a section of the act, or an item of appropriation in the
27	27	act. The amendment requires the legislature to establish the Elections Commission.
28	28	A petition for referendum must be signed by qualified electors equaling at least
29	29	4 percent of the vote cast for the office of governor at the last preceding gubernatorial
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37	37	LRB-4649/1
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39	39	2023 - 2024 Legislature
40	40	election and must be filed with the Elections Commission within 90 days after the
41	41	date of publication of the act.
42	42	After validating a petition's signatures, the Elections Commission is required
43	43	to order a referendum at the next general election occurring at least 120 days after
44	44	the petition was filed with the Elections Commission. No act or part of an act subject
45	45	to the petition may go into effect unless a majority of those voting on the referendum
46	46	approve it. If the petition is against a part of an act, the remainder of the act is not
47	47	prevented from going into effect. No act or part of an act rejected in a referendum
48	48	may be reenacted during the legislative session in which it was rejected.
49	49	INITIATIVE
50	50	The amendment further provides that the people may propose, by petition filed
51	51	with the Elections Commission, laws and constitutional amendments for a vote at
52	52	an election. The petition must satisfy all of the following conditions:
53	53	1. If a petition for an initiative law, be signed by qualified electors equaling at
54	54	least 6 percent of the vote cast for the office of governor at the last preceding
55	55	gubernatorial election.
56	56	2. If a petition for an initiative constitutional amendment, be signed by
57	57	qualified electors equaling at least 8 percent of the vote cast for the office of governor
58	58	at the last preceding gubernatorial election.
59	59	3. Include the full text of the proposed law or constitutional amendment
60	60	prepared in proper form. Upon request by any qualified elector, the Elections
61	61	Commission is required to have the proposed law or constitutional amendment
62	62	drafted in proper form and made available to the public. The proposed law or
63	63	amendment must embrace no more than one subject, and that subject must be
64	64	expressed in the title.
65	65	4. Be filed with the Elections Commission not less than 120 days before the
66	66	election at which the proposed law or constitutional amendment is to be voted upon.
67	67	Similar to the process for a referendum, after verifying an initiative petition's
68	68	signatures, the Elections Commission is required to order the submission of the
69	69	initiative law or constitutional amendment to the qualified electors of the state for
70	70	their approval or rejection at the next succeeding general election occurring at least
71	71	120 days after the petition was filed with the Elections Commission.
72	72	If approved by a majority of the qualified electors voting at the election, an
73	73	initiative law or constitutional amendment goes into effect on the 30th day after the
74	74	date the Elections Commission certifies the election results, unless a different
75	75	effective date is specified in the initiative. The legislature may not repeal or amend
76	76	an initiative law for the two years immediately succeeding its publication and may
77	77	not repeal or amend an initiative law except by a vote of two-thirds of all members
78	78	elected to each house. If an initiative law or constitutional amendment fails to pass
79	79	at the election, substantially the same initiative law or amendment, as determined
80	80	by the Elections Commission, may not be considered again by voters under the
81	81	initiative process for at least five years. - 3 -
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85	85	SECOND CONSIDERATION AND RATIFICATION
86	86	A proposed constitutional amendment requires adoption by two successive
87	87	legislatures, and ratification by the people, before it can become effective.
88	88	Resolved by the senate, the assembly concurring, That:
89	89	SECTION 1. Section 7 of article III of the constitution is created to read:
90	90	[Article III] Section 7. The legislature shall establish by law a commission to
91	91	administer state elections.
92	92	SECTION 2. Section 1 of article IV of the constitution is amended to read:
93	93	[Article IV] Section 1. The legislative power, except for the initiative and
94	94	referendum powers reserved to the people, shall be vested in a senate and assembly.
95	95	SECTION 3. Section 17 (2) of article IV of the constitution is amended to read:
96	96	[Article IV] Section 17 (2) No Except as provided under sub. (6) (c), no law shall
97	97	be enacted except by bill. No law shall be in force until published.
98	98	SECTION 4. Section 17 (4) of article IV of the constitution is created to read:
99	99	[Article IV] Section 17 (4) No act passed by the legislature may take effect
100	100	before the 120th day after the date of publication of the act.
101	101	SECTION 5. Section 17 (5) of article IV of the constitution is created to read:
102	102	[Article IV] Section 17 (5) (a) The people reserve to themselves the power to
103	103	approve or reject at a referendum any act of the legislature or part of an act as
104	104	provided in this subsection. The people may petition for a referendum on the passage
105	105	of an act, one or more sections of an act, or one or more items of appropriation in an
106	106	act. The petition for a referendum shall satisfy all of the following conditions:
107	107	1. Be signed by qualified electors equaling at least 4 percent of the vote cast for
108	108	the office of governor at the last preceding gubernatorial election.
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132	132	SECTION 5
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134	134	2. Be filed with the commission administering state elections on or before the
135	135	90th day after the date of publication of the act.
136	136	(b) All signatures for a petition submitted under par. (a) must be made on paper.
137	137	After verifying the sufficiency of the signatures for a petition, the commission
138	138	administering state elections shall order the submission of the act or each act section
139	139	or each item of appropriation in the petition to the qualified electors of the state for
140	140	their approval or rejection at the next succeeding general election occurring
141	141	subsequent to 120 days after the filing of the petition.
142	142	(c) No act of the legislature, section of an act, or item of appropriation subject
143	143	to referendum under this subsection shall go into effect unless approved by a
144	144	majority of the qualified electors voting at the referendum. If a referendum petition
145	145	is filed against a part of an act, the remainder of the act shall not thereby be
146	146	prevented or delayed from going into effect.
147	147	(d) No act of the legislature or part of an act rejected in a referendum may be
148	148	reenacted during the legislative session in which it was rejected.
149	149	SECTION 6. Section 17 (6) of article IV of the constitution is created to read:
150	150	[Article IV] Section 17 (6) (a) The people reserve to themselves the power of
151	151	initiative to propose laws and amendments to this constitution and to approve or
152	152	reject them at an election independently of the legislature as provided in this
153	153	subsection. The people may propose an initiative law or constitutional amendment
154	154	by petition for a vote of the people on the passage of the law or ratification of the
155	155	amendment. The petition shall satisfy all of the following conditions:
156	156	1. If a petition for an initiative law, be signed by qualified electors equaling at
157	157	least 6 percent of the vote cast for the office of governor at the last preceding
158	158	gubernatorial election.
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186	186	SECTION 6
187	187	2023 - 2024 Legislature
188	188	2. If a petition for an initiative constitutional amendment, be signed by
189	189	qualified electors equaling at least 8 percent of the vote cast for the office of governor
190	190	at the last preceding gubernatorial election.
191	191	3. Include the full text of the proposed law or constitutional amendment
192	192	prepared in proper form, as provided by law. Upon request by any qualified elector,
193	193	the commission administering state elections shall have the proposed law or
194	194	constitutional amendment drafted in proper form, as provided by law, and made
195	195	available to the public. The proposed law or amendment shall embrace no more than
196	196	one subject, and that shall be expressed in the title.
197	197	4. Be filed with the commission administering state elections not less than 120
198	198	days before the election at which the proposed law or constitutional amendment is
199	199	to be voted upon.
200	200	(b) All signatures for a petition submitted under par. (a) must be made on paper.
201	201	After verifying the sufficiency of the signatures for a petition, the commission
202	202	administering state elections shall order the submission of the initiative law or
203	203	amendment to the qualified electors of the state for their approval or rejection at the
204	204	next succeeding general election occurring subsequent to 120 days after the filing of
205	205	the petition.
206	206	(c) If approved by a majority of the qualified electors voting at the election, an
207	207	initiative law or constitutional amendment shall go into effect on the 30th day after
208	208	the date the commission administering state elections certifies the election results
209	209	as provided by law, unless a different effective date is specified in the initiative law
210	210	or amendment. The legislature may not repeal or amend an initiative law or any part
211	211	of an initiative law for the two years immediately succeeding its publication and may
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238	238	SECTION 6
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240	240	not repeal or amend an initiative law or any part of an initiative law except by a vote
241	241	of two-thirds of all the members elected to each house.
242	242	(d) If not approved by a majority of the qualified electors voting at the election,
243	243	substantially the same initiative law or constitutional amendment, as determined
244	244	by the commission administering state elections, may not be submitted again to the
245	245	qualified electors under par. (b) until a general election occurring at least five years
246	246	after the general election at which the initiative law or constitutional amendment
247	247	was rejected.
248	248	SECTION 7. Section 17 (7) of article IV of the constitution is created to read:
249	249	[Article IV] Section 17 (7) No person may pay to or receive from another person
250	250	money or another thing of value based on the number of signatures obtained on an
251	251	initiative or referendum petition under this section. This subsection does not
252	252	prohibit payment for signature gathering that is not based, either directly or
253	253	indirectly, on the number of signatures obtained.
254	254	SECTION 8. Section 10 (1) (b) of article V of the constitution is amended to read:
255	255	[Article V] Section 10 (1) (b) If the governor approves and signs the bill, the bill
256	256	shall become law unless rejected by the people at a referendum. Appropriation bills
257	257	may be approved in whole or in part by the governor, and the part approved shall
258	258	become law unless rejected by the people at a referendum.
259	259	SECTION 9. Numbering of new provisions. If another constitutional
260	260	amendment ratified by the people creates the number of any provision created in this
261	261	joint resolution, the chief of the legislative reference bureau shall determine the
262	262	sequencing and the numbering of the provisions whose numbers conflict and shall
263	263	adjust any cross-references to those provisions.
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290	290	SECTION 9
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292	292	Be it further resolved, That this proposed amendment be referred to the
293	293	legislature to be chosen at the next general election and that it be published for three
294	294	months previous to the time of holding such election.
295	295	(END)
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