1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-0654/1 |
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3 | 3 | | MPG:emw |
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4 | 4 | | 2025 ASSEMBLY JOINT RESOLUTION 10 |
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5 | 5 | | February 24, 2025 - Introduced by Representatives TUSLER, GREEN, ALLEN, |
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6 | 6 | | ARMSTRONG, BEHNKE, BRILL, BROOKS, CALLAHAN, DITTRICH, DONOVAN, |
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7 | 7 | | FRANKLIN, GOEBEN, GUNDRUM, GUSTAFSON, HURD, B. JACOBSON, KNODL, |
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8 | 8 | | KREIBICH, MAXEY, MURPHY, NEDWESKI, O'CONNOR, PENTERMAN, |
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9 | 9 | | PIWOWARCZYK, TITTL and WICHGERS, cosponsored by Senators TOMCZYK, |
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10 | 10 | | NASS, BRADLEY, CABRAL-GUEVARA, FELZKOWSKI, JAMES, KAPENGA and QUINN. |
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11 | 11 | | Referred to Committee on Judiciary. |
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12 | 12 | | |
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13 | 13 | | ***AUTHORS SUBJECT TO CHANGE*** |
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14 | 14 | | To amend section 18 of article I of the constitution; relating to: the freedom to |
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15 | 15 | | gather in places of worship during a state of emergency (second consideration). |
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16 | 16 | | Analysis by the Legislative Reference Bureau |
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17 | 17 | | EXPLANATION OF PROPOSAL |
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18 | 18 | | This proposed constitutional amendment, to be given second consideration by |
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19 | 19 | | the 2025 legislature for submittal to the voters in November 2026, was first |
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20 | 20 | | considered by the 2023 legislature in 2023 Senate Joint Resolution 54, which |
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21 | 21 | | became 2023 Enrolled Joint Resolution 11. |
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22 | 22 | | This constitutional amendment provides that the state or a political |
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23 | 23 | | subdivision of the state may not order the closure of or forbid gatherings in places of |
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24 | 24 | | worship in response to a state of emergency at the national, state, or local level, |
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25 | 25 | | including an emergency related to public health. |
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26 | 26 | | PROCEDURE FOR SECOND CONSIDERATION |
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27 | 27 | | When a proposed constitutional amendment is before the legislature on |
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28 | 28 | | second consideration, any change in the text approved by the preceding legislature |
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29 | 29 | | causes the proposed constitutional amendment to revert to first consideration |
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30 | 30 | | status so that second consideration approval would have to be given by the next |
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31 | 31 | | legislature before the proposal may be submitted to the people for ratification [see |
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32 | 32 | | joint rule 57 (2)]. |
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33 | 33 | | If the legislature approves a proposed constitutional amendment on second |
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36 | 36 | | MPG:emw |
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37 | 37 | | SECTION 1 |
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38 | 38 | | consideration, it must also set the date for submitting the proposed constitutional |
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39 | 39 | | amendment to the people for ratification and must determine the question or |
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40 | 40 | | questions to appear on the ballot. |
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41 | 41 | | Whereas, the 2023 legislature in regular session considered a proposed |
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42 | 42 | | amendment to the constitution in 2023 Senate Joint Resolution 54, which became |
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43 | 43 | | 2023 Enrolled Joint Resolution 11, and agreed to it by a majority of the members |
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44 | 44 | | elected to each of the two houses, which proposed amendment reads as follows: |
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45 | 45 | | SECTION 1. Section 18 of article I of the constitution is amended to |
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46 | 46 | | read: |
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47 | 47 | | [Article I] Section 18. The right of every person to worship |
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48 | 48 | | Almighty God according to the dictates of conscience shall never be |
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49 | 49 | | infringed; nor shall any person be compelled to attend, erect or support |
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50 | 50 | | any place of worship, or to maintain any ministry, without consent; nor |
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51 | 51 | | shall any control of, or interference with, the rights of conscience be |
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52 | 52 | | permitted, or any preference be given by law to any religious |
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53 | 53 | | establishments or modes of worship; nor shall any money be drawn from |
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54 | 54 | | the treasury for the benefit of religious societies, or religious or |
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55 | 55 | | theological seminaries; nor shall the state or a political subdivision of the |
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56 | 56 | | state order the closure of or forbid gatherings in places of worship in |
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57 | 57 | | response to a state of emergency at the national, state, or local level, |
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58 | 58 | | including an emergency related to public health. |
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59 | 59 | | Now, therefore, be it resolved by the assembly, the senate concurring, |
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60 | 60 | | That the foregoing proposed amendment to the constitution is agreed to by the |
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61 | 61 | | 2025 legislature; and, be it further |
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62 | 62 | | Resolved, That the foregoing proposed amendment to the constitution be |
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63 | 63 | | submitted to a vote of the people at the election to be held on the first Tuesday of |
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64 | 64 | | November 2026; and, be it further |
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65 | 65 | | Resolved, That the question concerning ratification of the foregoing proposed |
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66 | 66 | | amendment to the constitution be stated on the ballot as follows: |
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67 | 67 | | QUESTION 1: XFreedom to gather in places of worship during an |
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81 | 81 | | MPG:emw |
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82 | 82 | | SECTION 1 |
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83 | 83 | | emergency. Shall section 18 of article I of the constitution, which deals with |
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84 | 84 | | religious liberty, be amended to prohibit the state or a political subdivision of the |
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85 | 85 | | state from ordering the closure of, or forbidding gatherings in, places of worship in |
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86 | 86 | | response to a state of emergency, including a public health emergency?Y |
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87 | 87 | | (END) |
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