Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB205 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2640/1
3	3	MPG:wlj
4	4	2025 SENATE BILL 205
5	5	April 16, 2025 - Introduced by Senators TOMCZYK, FEYEN, CABRAL-GUEVARA and
6	6	JAMES, cosponsored by Representatives O'CONNOR, KNODL, BROOKS, MURPHY,
7	7	ARMSTRONG, BEHNKE, DITTRICH, DONOVAN, FRANKLIN, GUNDRUM,
8	8	GUSTAFSON, KREIBICH, MELOTIK, MURSAU, NEYLON, NOVAK, PIWOWARCZYK,
9	9	TUCKER and ZIMMERMAN. Referred to Committee on Licensing, Regulatory
10	10	Reform, State and Federal Affairs.
11	11	AN ACT to renumber and amend 13.175; to amend 5.35 (6) (a) 1. and 10.01
12	12	(2) (c); to create 13.175 (2) of the statutes; relating to: information provided
13	13	to voters concerning proposed constitutional amendments and other statewide
14	14	referenda.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law requires that each proposed constitutional amendment,
17	17	contingent referendum, advisory referendum, or other proposal requiring a
18	18	statewide referendum that is passed by the legislature include a complete
19	19	statement of the ballot question to be voted on at the referendum. The ballot
20	20	question may not be worded in such a manner as to require a negative vote to
21	21	approve a proposition or an affirmative vote to disapprove a proposition. Also under
22	22	current law, the attorney general must prepare an explanatory statement for each
23	23	proposed constitutional amendment or other statewide referendum describing the
24	24	effect of either a XyesY or XnoY vote on each ballot question.
25	25	This bill eliminates the requirement that the attorney general prepare such an
26	26	explanatory statement. Instead, the bill requires that each proposal for a
27	27	constitutional amendment or other statewide referendum that passes both houses
28	28	of the legislature contain a complete state referendum disclosure notice that
29	29	includes all of the following:
30	30	1. The date of the referendum.
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35	35	SENATE BILL 205
36	36	- 2 - LRB-2640/1
37	37	MPG:wlj
38	38	SECTION 1
39	39	2. The entire text of the ballot question and proposed constitutional
40	40	amendment or enactment, if any.
41	41	3. To the extent applicable, a plain language summary of current law.
42	42	4. An explanation in plain language of the effect of the proposed constitutional
43	43	amendment or other statewide referendum.
44	44	5. An explanation in plain language of the effect of a XyesY vote and the effect
45	45	of a XnoY vote.
46	46	Under the bill, the content under items 3 to 5 combined may not exceed one
47	47	page on paper not less than 8 1/2 inches by 11 inches and printed in at least 12-
48	48	point font.
49	49	Under the bill, the complete state referendum disclosure notice agreed to by
50	50	both houses of the legislature must be included in the type C notice entitled XNotice
51	51	of ReferendumY that each county clerk must provide prior to any referendum.
52	52	Current law requires that the text of the type C notice be posted at polling places on
53	53	election day in such a manner as to be readily observed by voters entering the
54	54	polling place or waiting in line to vote. As such, the complete state referendum
55	55	disclosure notice must be so posted at the polls on election day. Additionally, for at
56	56	least 30 days prior to the date of a statewide referendum, the complete state
57	57	referendum disclosure notice must be published by the Elections Commission on
58	58	the website used for voter registration, currently titled MyVote Wisconsin, or other
59	59	voter public access website maintained by the commission and must be posted by
60	60	each county clerk at the county clerk[s office and published by the county clerk on
61	61	the county clerk[s website. Finally, the notice must be included with absentee
62	62	ballots provided to voters for voting in a statewide referendum.
63	63	For further information see the state and local fiscal estimate, which will be
64	64	printed as an appendix to this bill.
65	65	The people of the state of Wisconsin, represented in senate and assembly, do
66	66	enact as follows:
67	67	SECTION 1. 5.35 (6) (a) 1. of the statutes is amended to read:
68	68	5.35 (6) (a) 1. The relevant portions of the voting instructions in the type B
69	69	notice for the election as specified in s. 10.02 (3) and, for each referendum on the
70	70	ballot, the text of the type C notice specified in s. 10.01 (2) (c), including the
71	71	complete state referendum disclosure notice prepared under s. 13.175 (2) for each
72	72	statewide referendum.
73	73	SECTION 2. 10.01 (2) (c) of the statutes is amended to read:
74	74	10.01 (2) (c) Type C — The type C notice shall be entitled XNotice of
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83	83	SENATE BILL 205
84	84	- 3 - LRB-2640/1
85	85	MPG:wlj
86	86	SECTION 2
87	87	ReferendumY. The notice shall be given whenever a referendum is held. The notice
88	88	shall contain the complete state referendum disclosure notice prepared under s.
89	89	13.175 (2) for each statewide referendum and, for each local referendum, the date of
90	90	the referendum, the entire text of the question and the proposed enactment, if any,
91	91	as well as an explanatory statement of the effect of either a XyesY or XnoY vote. For
92	92	state questions, the statement shall be prepared by the attorney general. For
93	93	county questions, the statement shall be prepared by the corporation counsel. For
94	94	other questions, the statement shall be prepared by the attorney for the jurisdiction
95	95	in which the question is submitted. County clerks and, for questions submitted by
96	96	municipalities or special purpose districts, the clerk of the municipality or special
97	97	purpose district shall publish the type C notice once at the same time that the type
98	98	B notice is published. The type C notice shall be printed in the newspaper as close
99	99	as possible to that portion of the type B notice showing the facsimile referendum
100	100	ballot.
101	101	SECTION 3. 13.175 of the statutes is renumbered 13.175 (1) and amended to
102	102	read:
103	103	13.175 (1) Every proposal for legislation which is to be submitted to the voters
104	104	for their approval or for an expression of their opinion including, without limitation
105	105	because of enumeration, proposed constitutional amendments, advisory referenda,
106	106	and legislation designed to become effective only after ratification by the voters
107	107	shall include a complete statement of the referendum question upon which the
108	108	voters shall be requested to vote in the form prescribed under s. 5.64 (2) and a
109	109	complete state referendum disclosure notice in the form prescribed under sub. (2)
110	110	(a). No such proposal shall be passed by either house of the legislature unless it
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134	134	24 2025 - 2026 Legislature
135	135	SENATE BILL 205
136	136	- 4 - LRB-2640/1
137	137	MPG:wlj
138	138	SECTION 3
139	139	contains the precise wording of the referendum question which is to be submitted to
140	140	the voters for their approval, expression of opinion, or ratification and the precise
141	141	wording of the complete state referendum disclosure notice.
142	142	SECTION 4. 13.175 (2) of the statutes is created to read:
143	143	13.175 (2) (a) The complete state referendum disclosure notice shall include
144	144	all of the following:
145	145	1. The date of the referendum.
146	146	2. The entire text of the ballot question and proposed constitutional
147	147	amendment or enactment, if any.
148	148	3. To the extent applicable, a plain language summary of current law.
149	149	4. An explanation in plain language of the effect of the proposed constitutional
150	150	amendment or other statewide referendum.
151	151	5. An explanation in plain language of the effect of a XyesY vote and the effect
152	152	of a XnoY vote.
153	153	(b) The content of the complete state referendum disclosure notice included
154	154	under par. (a) 3., 4., and 5. combined may not exceed one page on paper not less than
155	155	8 1/2 inches by 11 inches and printed in at least 12-point font.
156	156	(c) 1. The complete state referendum disclosure notice shall be posted with
157	157	sample ballots for each statewide referendum at the same time and in the same
158	158	manner in which the sample ballots are posted for public inspection.
159	159	2. For at least 30 days prior to the date of a statewide referendum, the
160	160	complete state referendum disclosure notice shall be published by the elections
161	161	commission on the Internet site that is used by voters for original registration
162	162	under s. 6.30 (5) or other voter public access website maintained by the elections
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186	186	24 2025 - 2026 Legislature
187	187	SENATE BILL 205
188	188	- 5 - LRB-2640/1
189	189	MPG:wlj
190	190	SECTION 4
191	191	commission and shall be posted by each county clerk at the county clerk[s office and
192	192	published by the county clerk on the county clerk[s website.
193	193	3. The complete state referendum disclosure notice shall be included with
194	194	each official absentee ballot provided to a voter for purposes of voting in a statewide
195	195	referendum.
196	196	(END)
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