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2025 SENATE BILL 205
April 16, 2025 - Introduced by Senators TOMCZYK, FEYEN, CABRAL-GUEVARA and
JAMES, cosponsored by Representatives O'CONNOR, KNODL, BROOKS, MURPHY,
ARMSTRONG, BEHNKE, DITTRICH, DONOVAN, FRANKLIN, GUNDRUM,
GUSTAFSON, KREIBICH, MELOTIK, MURSAU, NEYLON, NOVAK, PIWOWARCZYK,
TUCKER and ZIMMERMAN. Referred to Committee on Licensing, Regulatory
Reform, State and Federal Affairs.
AN ACT to renumber and amend 13.175; to amend 5.35 (6) (a) 1. and 10.01
(2) (c); to create 13.175 (2) of the statutes; relating to: information provided
to voters concerning proposed constitutional amendments and other statewide
referenda.
Analysis by the Legislative Reference Bureau
Current law requires that each proposed constitutional amendment,
contingent referendum, advisory referendum, or other proposal requiring a
statewide referendum that is passed by the legislature include a complete
statement of the ballot question to be voted on at the referendum. The ballot
question may not be worded in such a manner as to require a negative vote to
approve a proposition or an affirmative vote to disapprove a proposition. Also under
current law, the attorney general must prepare an explanatory statement for each
proposed constitutional amendment or other statewide referendum describing the
effect of either a XyesY or XnoY vote on each ballot question.
This bill eliminates the requirement that the attorney general prepare such an
explanatory statement. Instead, the bill requires that each proposal for a
constitutional amendment or other statewide referendum that passes both houses
of the legislature contain a complete state referendum disclosure notice that
includes all of the following:
1. The date of the referendum.
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2. The entire text of the ballot question and proposed constitutional
amendment or enactment, if any.
3. To the extent applicable, a plain language summary of current law.
4. An explanation in plain language of the effect of the proposed constitutional
amendment or other statewide referendum.
5. An explanation in plain language of the effect of a XyesY vote and the effect
of a XnoY vote.
Under the bill, the content under items 3 to 5 combined may not exceed one
page on paper not less than 8 1/2 inches by 11 inches and printed in at least 12-
point font.
Under the bill, the complete state referendum disclosure notice agreed to by
both houses of the legislature must be included in the type C notice entitled XNotice
of ReferendumY that each county clerk must provide prior to any referendum.
Current law requires that the text of the type C notice be posted at polling places on
election day in such a manner as to be readily observed by voters entering the
polling place or waiting in line to vote. As such, the complete state referendum
disclosure notice must be so posted at the polls on election day. Additionally, for at
least 30 days prior to the date of a statewide referendum, the complete state
referendum disclosure notice must be published by the Elections Commission on
the website used for voter registration, currently titled MyVote Wisconsin, or other
voter public access website maintained by the commission and must be posted by
each county clerk at the county clerk[s office and published by the county clerk on
the county clerk[s website. Finally, the notice must be included with absentee
ballots provided to voters for voting in a statewide referendum.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 5.35 (6) (a) 1. of the statutes is amended to read:
5.35 (6) (a) 1. The relevant portions of the voting instructions in the type B
notice for the election as specified in s. 10.02 (3) and, for each referendum on the
ballot, the text of the type C notice specified in s. 10.01 (2) (c), including the
complete state referendum disclosure notice prepared under s. 13.175 (2) for each
statewide referendum.
SECTION 2. 10.01 (2) (c) of the statutes is amended to read:
10.01 (2) (c) Type C — The type C notice shall be entitled XNotice of
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ReferendumY. The notice shall be given whenever a referendum is held. The notice
shall contain the complete state referendum disclosure notice prepared under s.
13.175 (2) for each statewide referendum and, for each local referendum, the date of
the referendum, the entire text of the question and the proposed enactment, if any,
as well as an explanatory statement of the effect of either a XyesY or XnoY vote. For
state questions, the statement shall be prepared by the attorney general. For
county questions, the statement shall be prepared by the corporation counsel. For
other questions, the statement shall be prepared by the attorney for the jurisdiction
in which the question is submitted. County clerks and, for questions submitted by
municipalities or special purpose districts, the clerk of the municipality or special
purpose district shall publish the type C notice once at the same time that the type
B notice is published. The type C notice shall be printed in the newspaper as close
as possible to that portion of the type B notice showing the facsimile referendum
ballot.
SECTION 3. 13.175 of the statutes is renumbered 13.175 (1) and amended to
read:
13.175 (1) Every proposal for legislation which is to be submitted to the voters
for their approval or for an expression of their opinion including, without limitation
because of enumeration, proposed constitutional amendments, advisory referenda,
and legislation designed to become effective only after ratification by the voters
shall include a complete statement of the referendum question upon which the
voters shall be requested to vote in the form prescribed under s. 5.64 (2) and a
complete state referendum disclosure notice in the form prescribed under sub. (2)
(a). No such proposal shall be passed by either house of the legislature unless it
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contains the precise wording of the referendum question which is to be submitted to
the voters for their approval, expression of opinion, or ratification and the precise
wording of the complete state referendum disclosure notice.
SECTION 4. 13.175 (2) of the statutes is created to read:
13.175 (2) (a) The complete state referendum disclosure notice shall include
all of the following:
1. The date of the referendum.
2. The entire text of the ballot question and proposed constitutional
amendment or enactment, if any.
3. To the extent applicable, a plain language summary of current law.
4. An explanation in plain language of the effect of the proposed constitutional
amendment or other statewide referendum.
5. An explanation in plain language of the effect of a XyesY vote and the effect
of a XnoY vote.
(b) The content of the complete state referendum disclosure notice included
under par. (a) 3., 4., and 5. combined may not exceed one page on paper not less than
8 1/2 inches by 11 inches and printed in at least 12-point font.
(c) 1. The complete state referendum disclosure notice shall be posted with
sample ballots for each statewide referendum at the same time and in the same
manner in which the sample ballots are posted for public inspection.
2. For at least 30 days prior to the date of a statewide referendum, the
complete state referendum disclosure notice shall be published by the elections
commission on the Internet site that is used by voters for original registration
under s. 6.30 (5) or other voter public access website maintained by the elections
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commission and shall be posted by each county clerk at the county clerk[s office and
published by the county clerk on the county clerk[s website.
3. The complete state referendum disclosure notice shall be included with
each official absentee ballot provided to a voter for purposes of voting in a statewide
referendum.
(END)
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