Wisconsin Constitution
PREAMBLE
We, the
people of Wisconsin, grateful to Almighty God for our freedom, in order
to secure its blessings, form a more perfect government, insure domestic
tranquility and promote the general welfare, do establish this
constitution.
ARTICLE
I. DECLARATION OF RIGHTS
Equality; inherent rights. SECTION 1.
[As
amended Nov. 1982 and April 1986] All people are born equally free and
independent, and have certain inherent rights; among these are life,
liberty and the pursuit of happiness; to secure these rights,
governments are instituted, deriving their just powers from the consent
of the governed. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982; 1983 J.R.
40, 1985 J.R. 21, vote April 1986]
Slavery
prohibited. SECTION 2.
There
shall be neither slavery, nor involuntary servitude in this state,
otherwise than for the punishment of crime, whereof the party shall have
been duly convicted.
Free
speech; libel. SECTION 3.
Every
person may freely speak, write and publish his sentiments on all
subjects, being responsible for the abuse of that right, and no laws
shall be passed to restrain or abridge the liberty of speech or of the
press.
In all
criminal prosecutions or indictments for
libel, the truth may be given in evidence, and if it shall appear
to the jury that the matter charged as libelous be true, and was
published with good motives and for justifiable ends, the party shall be
acquitted; and the jury shall have the right to
determine the law and
the fact.
Right to
assemble and petition. SECTION 4.
The
right of the people peaceably to assemble, to consult for the common
good, and to petition the government, or any department thereof, shall
never be abridged.
Trial by
jury; verdict in civil cases. SECTION 5.
[As
amended Nov. 1922]
The
right of trial by jury shall remain inviolate, and shall extend to all
cases at law without regard to the amount in controversy; but a jury
trial may be waived by the parties in all cases in the manner prescribed
by law. Provided, however, that the legislature may, from time to time,
by statute provide that a valid verdict, in civil cases, may be based on
the votes of a specified number of the jury, not less than five−sixths
thereof. [1919 J.R. 58; 1921 J.R. 17 A; 1921 c. 504; vote Nov. 1922]
Excessive bail; cruel punishments. SECTION 6.
Excessive bail shall not be required, nor shall excessive fines be
imposed, nor cruel and unusual punishments inflicted.
Rights
of accused. SECTION 7.
In all
criminal prosecutions the accused shall enjoy the right to be heard by
himself and counsel; to demand the nature and cause of the accusation
against him; to meet the witnesses face to face; to have compulsory
process to compel the attendance of witnesses in his behalf; and in
prosecutions by indictment, or information, to a speedy public trial by
an impartial jury of the county or district wherein the offense shall
have been committed; which county or district shall have been previously
ascertained by law.
Prosecutions; double jeopardy; self−incrimination; bail; habeas corpus.
SECTION 8.
[As
amended Nov. 1870 and April 1981]
(1) No
person may be held to answer for a criminal offense without due process
of law, and no person for the same offense may be put twice in jeopardy
of punishment, nor may be compelled in any criminal case to be a witness
against himself or herself.
(2) All
persons, before conviction, shall be eligible for release under
reasonable conditions designed to assure their appearance in court,
protect members of the community from serious bodily harm or prevent the
intimidation of witnesses. Monetary conditions of release may be imposed
at or after the initial appearance only upon a finding that there is a
reasonable basis to believe that the conditions are necessary to assure
appearance in court. The legislature may authorize, by law, courts to
revoke a person’s release for a violation of a condition of release.
(3) The
legislature may by law authorize, but may not require, circuit courts to
deny release for a period not to exceed 10 days prior to the hearing
required under this subsection to a person who is accused of committing
a murder punishable by life imprisonment or a sexual assault punishable
by a maximum imprisonment of 20 years, or who is accused of committing
or attempting to commit a felony involving serious bodily harm to
another or the threat of serious bodily harm to another and who has a
previous conviction for committing or attempting to commit a felony
involving serious bodily harm to another or the threat of serious bodily
harm to another. The legislature may authorize by law, but may not
require, circuit courts to continue to deny release to those accused
persons for an additional period not to exceed 60 days following the
hearing required under this subsection, if there is a requirement that
there be a finding by the court based on clear and convincing evidence
presented at a hearing that the accused committed the felony and a
requirement that there be a finding by the court that available
conditions of release will not adequately protect members of the
community from serious bodily harm or prevent intimidation of witnesses.
Any law enacted under this subsection shall be specific, limited and
reasonable. In determining the 10−day and 60−day periods, the court
shall omit any period of time found by the court to result from a delay
caused by the defendant or a continuance granted which was initiated by
the defendant.
(4) The
privilege of the writ of habeas corpus shall not be suspended unless, in
cases of rebellion or invasion, the public safety requires it. [1869
J.R. 7; 1870 J.R. 3; 1870 c. 118; vote Nov. 1870; 1979 J.R. 76, 1981
J.R. 8, vote April 1981]
Remedy
for wrongs. SECTION 9.
Every
person is entitled to a certain remedy in the laws for all injuries, or
wrongs which he may receive in his person, property, or character; he
ought to obtain justice freely, and without being obliged to purchase
it, completely and without denial, promptly and without delay,
conformably to the laws.
Victims
of crime. SECTION 9m.
[As
created April 1993]
This
state shall treat crime victims, as defined by law, with fairness,
dignity and respect for their privacy. This state shall ensure that
crime victims have all of the following privileges and protections as
provided by law: timely disposition of the case; the opportunity to
attend court proceedings unless the trial court finds sequestration is
necessary to a fair trial for the defendant; reasonable protection from
the accused throughout the criminal justice process; notification of
court proceedings; the opportunity to confer with the prosecution; the
opportunity to make a statement to the court at disposition;
restitution; compensation; and information about the outcome of the case
and the release of the accused. The legislature shall provide remedies
for the violation of this section. Nothing in this section, or in any
statute enacted pursuant to this section, shall limit any right of the
accused which may be provided by law. [1993 J.R. 2, vote April 1993]
Treason.
SECTION 10.
Treason
against the state shall consist only in levying war against the same, or
in adhering to its enemies, giving them aid and comfort. No person shall
be convicted of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court.
Searches
and seizures. SECTION 11.
The
right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures shall not be
violated; and no warrant shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be
searched and the persons or things to be seized.
Attainder; ex post facto; contracts. SECTION 12.
No bill
of attainder, ex post facto law, nor any law impairing the obligation of
contracts, shall ever be passed, and no conviction shall work corruption
of blood or forfeiture of estate.
Private
property for public use. SECTION 13.
The
property of no person shall be taken for public use without just
compensation therefor.
Feudal
tenures; leases; alienation. SECTION 14.
All
lands within the state are declared to be allodial, and feudal tenures
are prohibited. Leases and grants of agricultural land for a longer term
than fifteen years in which rent or service of any kind shall be
reserved, and all fines and like restraints upon alienation reserved in
any grant of land, hereafter made, are declared to be void.
Equal
property rights for aliens and citizens. SECTION 15.
No
distinction shall ever be made by law between resident aliens and
citizens, in reference to the possession, enjoyment or descent of
property.
Imprisonment for debt. SECTION 16.
No
person shall be imprisoned for debt arising out of or founded on a
contract, expressed or implied.
Exemption of property of debtors. SECTION 17.
The
privilege of the debtor to enjoy the necessary comforts of life shall be
recognized by wholesome laws, exempting a reasonable amount of property
from seizure or sale for the payment of any debt or liability hereafter
contracted.
Freedom
of worship; liberty of conscience; state religion; public funds. SECTION
18.
[As
amended Nov. 1982]
The
right of every person to worship Almighty God according to the dictates
of conscience shall never be infringed; nor shall any person be
compelled to attend, erect or support any place of worship, or to
maintain any ministry, without consent; nor shall any control of, or
interference with, the rights of conscience be permitted, or any
preference be given by law to any religious establishments or modes of
worship; nor shall any money be drawn from the treasury for the benefit
of religious societies, or religious or theological seminaries. [1979
J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Religious tests prohibited. SECTION 19.
No
religious tests shall ever be required as a qualification for any office
of public trust under the state, and no person shall be rendered
incompetent to give evidence in any court of law or equity in
consequence of his opinions on the subject of religion.
Military
subordinate to civil power. SECTION 20.
The
military shall be in strict subordination to the civil power.
Rights
of suitors. SECTION 21.
[As
amended April 1977]
(1)
Writs of error shall never be prohibited, and shall be issued by such
courts as the legislature designates by law.
(2) In
any court of this state, any suitor may prosecute or defend his suit
either in his own proper person or by an attorney of the suitor’s
choice. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]
Maintenance of free
government. SECTION 22.
The
blessings of a free government can only be maintained by a firm
adherence to justice, moderation, temperance, frugality and virtue, and
by frequent recurrence to fundamental principles.
Transportation of school
children. SECTION 23.
[As
created April 1967]
Nothing
in this constitution shall prohibit the legislature from providing for
the safety and welfare of children by providing for the transportation
of children to and from any parochial or private school or institution
of learning. [1965 J.R. 46, 1967 J.R. 13, vote April 1967]
Use of school buildings.
SECTION 24.
[As
created April 1972]
Nothing
in this constitution shall prohibit the legislature from authorizing, by
law, the use of public school buildings by civic, religious or
charitable organizations during nonschool hours upon payment by the
organization to the school district of reasonable compensation for such
use. [1969 J.R. 38, 1971 J.R. 27, vote April 1972]
Right to keep and bear
arms. SECTION 25.
[As
created Nov. 1998]
The
people have the right to keep and bear arms for security, defense,
hunting, recreation or any other lawful purpose. [1995 J.R. 27, 1997
J.R. 21, vote November 1998]
Right to fish, hunt, trap,
and take game. SECTION 26.
[As
created April 2003]
The
people have the right to fish, hunt, trap, and take game subject only to
reasonable restrictions as prescribed by law. [2001 J.R. 16, 2003 J.R.
8, vote April 2003]
ARTICLE II. BOUNDARIES
State boundary. SECTION 1.
It is
hereby ordained and declared that the state of Wisconsin doth consent
and accept of the boundaries prescribed in the act of congress entitled
“an act to enable the people of Wisconsin
territory to form a constitution and state government, and for the
admission of such state into the Union,” approved August sixth,
one thousand eight hundred and forty−six, to wit: Beginning at the
northeast corner of the state of Illinois—that is to say, at a point in
the center of Lake Michigan where the line of forty−two degrees and
thirty minutes of north latitude crosses the same; thence running with
the boundary line of the state of Michigan, through Lake Michigan, Green
Bay, to the mouth of the Menominee river; thence up the channel of the
said river to the Brule river; thence up said last−mentioned river to
Lake Brule; thence along the southern shore of Lake Brule in a direct
line to the center of the channel between Middle and South Islands, in
the Lake of the Desert; thence in a direct line to the head waters of
the Montreal river, as marked upon the survey made by Captain Cramm;
thence down the main channel of the Montreal river to the middle of Lake
Superior; thence through the center of Lake Superior to the mouth of the
St. Louis river; thence up the main channel of said river to the first
rapids in the same, above the Indian village, according to Nicollet’s
map; thence due south to the main branch of the river St. Croix; thence
down the main channel of said river to the Mississippi; thence down the
center of the main channel of that river to the northwest corner of the
state of Illinois; thence due east with the northern boundary of the
state of Illinois to the place of beginning, as established by “An act
to enable the people of the Illinois territory to form a constitution
and state government, and for the admission of such state into the Union
on an equal footing with the original states,” approved April 18th,
1818.
Enabling act accepted.
SECTION 2.
[As
amended April 1951]
The
propositions contained in the act of congress are hereby accepted,
ratified and confirmed, and shall remain irrevocable without the consent
of the United States; and it is hereby ordained that this state shall
never interfere with the primary disposal of the soil within the same by
the United States, nor with any regulations congress may find necessary
for securing the title in such soil to bona fide purchasers thereof; and
in no case shall nonresident proprietors be taxed higher than residents.
Provided, that nothing in this constitution, or in the act of congress
aforesaid, shall in any manner prejudice or affect the right of the
state of Wisconsin to 500,000 acres of land granted to said state, and
to be hereafter selected and located by and under the act of congress
entitled “An act to appropriate the proceeds of the sales of the public
lands, and grant pre−emption rights,” approved September fourth, one
thousand eight hundred and forty−one. [1949 J.R. 11; 1951 J.R. 7; vote
April 1951]
ARTICLE III. SUFFRAGE
Electors. SECTION 1.
[As
amended Nov. 1882, Nov. 1908, Nov. 1934; repealed April 1986; created
April 1986] Every United States citizen age 18 or older who is a
resident of an election district in this state is a qualified elector of
that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov.
1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R.
91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April
1986]
Implementation. SECTION 2.
[As
repealed April 1986; created April 1986]
Laws may
be enacted:
(1)
Defining residency.
(2)
Providing for registration of electors.
(3)
Providing for absentee voting.
(4)
Excluding from the right of suffrage persons:
(a)
Convicted of a felony, unless restored to civil rights.
(b)
Adjudged by a court to be incompetent or partially incompetent, unless
the judgment specifies that the person is capable of understanding the
objective of the elective process or the judgment is set aside.
(5)
Subject to ratification by the people at a general election, extending
the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R.
14, vote April 1986]
Secret ballot. SECTION 3.
[As
repealed April 1986; created April 1986]
All
votes shall be by secret ballot. [1983 J.R. 30, 1985 J.R. 14, vote April
1986]
Residence saved. SECTION 4.
[Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
Military stationing does
not confer residence. SECTION 5.
[Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
Exclusion from suffrage.
SECTION 6.
[Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
ARTICLE IV. LEGISLATIVE
Legislative power. SECTION
1.
The
legislative power shall be vested in a senate and assembly.
Legislature, how
constituted. SECTION 2.
The
number of the members of the assembly shall never be less than
fifty−four nor more than one hundred. The senate shall consist of a
number not more than one−third nor less than one−fourth of the number of
the members of the assembly.
Apportionment. SECTION 3.
[As
amended Nov. 1910, Nov. 1962 and Nov. 1982]
At its
first session after each enumeration made by the authority of the United
States, the legislature shall apportion and district anew the members of
the senate and assembly, according to the number of inhabitants. [1907
J.R. 30, 1909 J.R. 55, 1909 c. 478, vote Nov. 1910; 1959 J.R. 30, 1961
J.R. 32, vote Nov. 6, 1962; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Representatives to the
assembly, how chosen. SECTION 4.
[As
amended Nov. 1881 and Nov. 1982]
The
members of the assembly shall be chosen biennially, by single districts,
on the Tuesday succeeding the first Monday of November in even−numbered
years, by the qualified electors of the several districts, such
districts to be bounded by county, precinct, town or ward lines, to
consist of contiguous territory and be in as compact form as
practicable. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881;
1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Senators, how chosen.
SECTION 5.
[As
amended Nov. 1881 and Nov. 1982]
The
senators shall be elected by single districts of convenient contiguous
territory, at the same time and in the same manner as members of the
assembly are required to be chosen; and no assembly district shall be
divided in the formation of a senate district. The senate districts
shall be numbered in the regular series, and the senators shall be
chosen alternately from the odd and even−numbered districts for the term
of 4 years. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881;
1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Qualifications of
legislators. SECTION 6.
No
person shall be eligible to the legislature who shall not have resided
one year within the state, and be a qualified elector in the district
which he may be chosen to represent.
Organization of
legislature; quorum; compulsory attendance. SECTION 7.
Each
house shall be the judge of the elections, returns and qualifications of
its own members; and a majority of each shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and may
compel the attendance of absent members in such manner and under such
penalties as each house may provide.
Rules; contempts;
expulsion. SECTION 8.
Each
house may determine the rules of its own proceedings, punish for
contempt and disorderly behavior, and with the concurrence of two−thirds
of all the members elected, expel a member; but no member shall be
expelled a second time for the same cause.
Officers. SECTION 9.
[As
amended April 1979]
Each
house shall choose its presiding officers from its own members. [1977
J.R. 32, 1979 J.R. 3, vote April 1979]
Journals; open doors;
adjournments. SECTION 10.
Each
house shall keep a journal of its proceedings and publish the same,
except such parts as require secrecy. The doors of each house shall be
kept open except when the public welfare shall require secrecy. Neither
house shall, without consent of the other, adjourn for more than three
days.
Meeting of legislature.
SECTION 11.
[As
amended Nov. 1881 and April 1968]
The
legislature shall meet at the seat of government at such time as shall
be provided by law, unless convened by the governor in special session,
and when so convened no business shall be transacted except as shall be
necessary to accomplish the special purposes for which it was convened.
[1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1965 J.R. 57,
1967 J.R. 48, vote April 1968]
Ineligibility of
legislators to office. SECTION 12.
No
member of the legislature shall, during the term for which he was
elected, be appointed or elected to any civil office in the state, which
shall have been created, or the emoluments of which shall have been
increased, during the term for which he was elected.
Ineligibility of federal
officers. SECTION 13.
[As
amended April 1966]
No
person being a member of congress, or holding any military or civil
office under the United States, shall be eligible to a seat in the
legislature; and if any person shall, after his election as a member of
the legislature, be elected to congress, or be appointed to any office,
civil or military, under the government of the United States, his
acceptance thereof shall vacate his seat. This restriction shall not
prohibit a legislator from accepting short periods of active duty as a
member of the reserve or from serving in the armed forces during any
emergency declared by the executive. [1963 J.R. 34, 1965 J.R. 14, vote
April 1966.]
Filling vacancies. SECTION
14.
The
governor shall issue writs of election to fill such vacancies as may
occur in either house of the legislature.
Exemption from arrest and
civil process. SECTION 15.
Members
of the legislature shall in all cases, except treason, felony and breach
of the peace, be privileged from arrest; nor shall they be subject to
any civil process, during the session of the legislature, nor for
fifteen days next before the commencement and after the termination of
each session.
Privilege in debate.
SECTION 16.
No
member of the legislature shall be liable in any civil action, or
criminal prosecution whatever, for words spoken in debate.
Enactment of laws. SECTION
17.
[As
amended April 1977]
(1) The
style of all laws of the state shall be “The people of the state of
Wisconsin, represented in senate and assembly, do enact as follows:”.
(2) No
law shall be enacted except by bill. No law shall be in force until
published.
(3) The
legislature shall provide by law for the speedy publication of all laws.
[1975 J.R. 13, 1977 J.R. 7, vote April 1977]
Title of private bills.
SECTION 18.
No
private or local bill which may be passed by the legislature shall
embrace more than one subject, and that shall be expressed in the title.
Origin of bills. SECTION
19.
Any bill
may originate in either house of the legislature, and a bill passed by
one house may be amended by the other.
Yeas and nays. SECTION 20.
The yeas
and nays of the members of either house on any question shall, at the
request of one−sixth of those present, be entered on the journal.
Compensation of members.
SECTION 21.
[Amended
Nov. 1867 and Nov. 1881; repealed April 1929; see 1865 J.R. 9; 1866 J.R.
3; 1867 c. 25, vote Nov. 1867; 1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262,
vote Nov. 1881; 1927 J.R. 57, 1929 J.R. 6, vote April 1929.]
Powers of county boards.
SECTION 22.
The
legislature may confer upon the boards of supervisors of the several
counties of the state such powers of a local, legislative and
administrative character as they shall from time to time prescribe.
Town and county government.
SECTION 23.
[As
amended Nov. 1962, April 1969 and April 1972]
The
legislature shall establish but one system of town government, which
shall be as nearly uniform as practicable; but the legislature may
provide for the election at large once in every 4 years of a chief
executive officer in any county with such powers of an administrative
character as they may from time to time prescribe in accordance with
this section and shall establish one or more systems of county
government. [1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962; 1967 J.R.
49, 1969 J.R. 2, vote April 1969; 1969 J.R. 32, 1971 J.R. 13, vote April
1972]
Chief executive officer to
approve or veto resolutions or ordinances; proceedings on veto. SECTION
23a.
[As
created Nov. 1962 and amended April 1969]
Every
resolution or ordinance passed by the county board in any county shall,
before it becomes effective, be presented to the chief executive
officer. If he approves, he shall sign it; if not, he shall return it
with his objections, which objections shall be entered at large upon the
journal and the board shall proceed to reconsider the matter.
Appropriations may be approved in whole or in part by the chief
executive officer and the part approved shall become law, and the part
objected to shall be returned in the same manner as provided for in
other resolutions or ordinances. If, after such reconsideration,
two−thirds of the members−elect of the county board agree to pass the
resolution or ordinance or the part of the resolution or ordinance
objected to, it shall become effective on the date prescribed but not
earlier than the date of passage following reconsideration. In all such
cases, the votes of the members of the county board shall be determined
by ayes and noes and the names of the members voting for or against the
resolution or ordinance or the part thereof objected to shall be entered
on the journal. If any resolution or ordinance is not returned by the
chief executive officer to the county board at its first meeting
occurring not less than 6 days, Sundays excepted, after it has been
presented to him, it shall become effective unless the county board has
recessed or adjourned for a period in excess of 60 days, in which case
it shall not be effective without his approval. [1959 J.R. 68, 1961 J.R.
64, vote Nov. 6, 1962; 1967 J.R. 49, 1969 J.R. 2, vote April 1969]
Gambling. SECTION 24.
[As
amended April 1965, April 1973, April 1977, April 1987, April 1993 and
April 1999]
(1)
Except as provided in this section, the legislature may not authorize
gambling in any form. (2) Except as otherwise provided by law, the
following activities do not constitute consideration as an element of
gambling: (a) To listen to or watch a television or radio program. (b)
To fill out a coupon or entry blank, whether or not proof of purchase is
required. (c) To visit a mercantile establishment or other place without
being required to make a purchase or pay an admittance fee.
(3) The
legislature may authorize the following bingo games licensed by the
state, but all profits shall accrue to the licensed organization and no
salaries, fees or profits may be paid to any other organization or
person: bingo games operated by religious, charitable, service,
fraternal or veterans’ organizations or those to which contributions are
deductible for federal or state income tax purposes. All moneys received
by the state that are attributable to bingo games shall be used for
property tax relief for residents of this state as provided by law. The
distribution of moneys that are attributable to bingo games may not vary
based on the income or age of the person provided the property tax
relief.
The
distribution of moneys that are attributable to bingo games shall not be
subject to the uniformity requirement of section 1 of article VIII. In
this subsection, the distribution of all moneys attributable to bingo
games shall include any earnings on the moneys received by the state
that are attributable to bingo games, but shall not include any moneys
used for the regulation of, and enforcement of law relating to, bingo
games.
(4) The
legislature may authorize the following raffle games licensed by the
state, but all profits shall accrue to the licensed local organization
and no salaries, fees or profits may be paid to any other organization
or person: raffle games operated by local religious, charitable,
service, fraternal or veterans’ organizations or those to which
contributions are deductible for federal or state income tax purposes.
The legislature shall limit the number of raffles conducted by any such
organization.
(5) This
section shall not prohibit pari−mutuel on−track betting as provided by
law. The state may not own or operate any facility or enterprise for
pari−mutuel betting, or lease any state−owned land to any other owner or
operator for such purposes.
All
moneys received by the state that are attributable to pari−mutuel
on−track betting shall be used for property tax relief for residents of
this state as provided by law. The distribution of moneys that are
attributable to pari−mutuel on−track betting may not vary based on the
income or age of the person provided the property tax relief. The
distribution of moneys that are attributable to pari−mutuel on−track
betting shall not be subject to the uniformity requirement of section 1
of article VIII. In this subsection, the distribution of all moneys
attributable to pari−mutuel on−track betting shall include any earnings
on the moneys received by the state that are attributable to pari−mutuel
on−track betting, but shall not include any moneys used for the
regulation of, and enforcement of law relating to, pari−mutuel on−track
betting.
(6) (a)
The legislature may authorize the creation of a lottery to be operated
by the state as provided by law. The expenditure of public funds or of
revenues derived from lottery operations to engage in promotional
advertising of the Wisconsin state lottery is prohibited. Any
advertising of the state lottery shall indicate the odds of a specific
lottery ticket to be selected as the winning ticket for each prize
amount offered. The net proceeds of the state lottery shall be deposited
in the treasury of the state, to be used for property tax relief for
residents of this state as provided by law. The distribution of the net
proceeds of the state lottery may not vary based on the income or age of
the person provided the property tax relief. The distribution of the net
proceeds of the state lottery shall not be subject to the uniformity
requirement of section 1 of article VIII. In this paragraph, the
distribution of the net proceeds of the state lottery shall include any
earnings on the net proceeds of the state lottery.
(b) The
lottery authorized under par. (a) shall be an enterprise that entitles
the player, by purchasing a ticket, to participate in a game of chance
if: 1) the winning tickets are randomly predetermined and the player
reveals preprinted numbers or symbols from which it can be immediately
determined whether the ticket is a winning ticket entitling the player
to win a prize as prescribed in the features and procedures for the
game, including an opportunity to win a prize in a secondary or
subsequent chance drawing or game; or 2) the ticket is evidence of the
numbers or symbols selected by the player or, at the player’s option,
selected by a computer, and the player becomes entitled to a prize as
prescribed in the features and procedures for the game, including an
opportunity to win a prize in a secondary or subsequent chance drawing
or game if some or all of the player’s symbols or numbers are selected
in a chance drawing or game, if the player’s ticket is randomly selected
by the computer at the time of purchase or if the ticket is selected in
a chance drawing.
(c)
Notwithstanding the authorization of a state lottery under par. (a), the
following games, or games simulating any of the following games, may not
be conducted by the state as a lottery:
1) any
game in which winners are selected based on the results of a race or
sporting event;
2) any
banking card game, including blackjack, baccarat or chemin de fer;
3)
poker;
4)
roulette;
5) craps
or any other game that involves rolling dice;
6) keno;
7) bingo
21, bingo jack, bingolet or bingo craps;
8) any
game of chance that is placed on a slot machine or any mechanical,
electromechanical or electronic device that is generally available to be
played at a gambling casino;
9) any
game or device that is commonly known as a video game of chance or a
video gaming machine or that is commonly considered to be a video
gambling machine, unless such machine is a video device operated by the
state in a game authorized under par. (a) to permit the sale of tickets
through retail outlets under contract with the state and the device does
not determine or indicate whether the player has won a prize, other than
by verifying that the player’s ticket or some or all of the player’s
symbols or numbers on the player’s ticket have been selected in a chance
drawing, or by verifying that the player’s ticket has been randomly
selected by a central system computer at the time of purchase;
10) any
game that is similar to a game listed in this paragraph; or
11) any
other game that is commonly considered to be a form of gambling and is
not, or is not substantially similar to, a game conducted by the state
under par. (a). No game conducted by the state under par. (a) may permit
a player of the game to purchase a ticket, or to otherwise participate
in the game, from a residence by using a computer, telephone or other
form of electronic, telecommunication, video or technological aid.
[1963
J.R. 35, 1965 J.R. 2, vote April 1965; 1971 J.R. 31, 1973 J.R. 3, vote
April 1973; 1975 J.R. 19, 1977 J.R. 6, vote April 1977; 1985 J.R. 36,
1987 J.R. 3, vote April 1987; 1985 J.R. 35, 1987 J. R. 4, vote April
1987; 1993 J.R. 3, vote April 1993; 1999 J.R. 2, vote April 1999]
Stationery and printing.
SECTION 25.
The
legislature shall provide by law that all stationery required for the
use of the state, and all printing authorized and required by them to be
done for their use, or for the state, shall be let by contract to the
lowest bidder, but the legislature may establish a maximum price; no
member of the legislature or other state officer shall be interested,
either directly or indirectly, in any such contract.
Extra compensation; salary
change. SECTION 26.
(1) [As
amended April 1956, April 1967, April 1974, April 1977 and April 1992]
The legislature may not grant any extra compensation to a public
officer, agent, servant or contractor after the services have been
rendered or the contract has been entered into. (2) Except as provided
in this subsection, the compensation of a public officer may not be
increased or diminished during the term of office: (a) When any increase
or decrease in the compensation of justices of the supreme court or
judges of any court of record becomes effective as to any such justice
or judge, it shall be effective from such date as to every such justice
or judge. (b) Any increase in the compensation of members of the
legislature shall take effect, for all senators and representatives to
the assembly, after the next general election beginning with the new
assembly term. (3) Subsection (1) shall not apply to increased benefits
for persons who have been or shall be granted benefits of any kind under
a retirement system when such increased benefits are provided by a
legislative act passed on a call of ayes and noes by a three−fourths
vote of all the members elected to both houses of the legislature and
such act provides for sufficient state funds to cover the costs of the
increased benefits. [1953 J.R. 41, 1955 J.R. 17, vote Apr. 3, 1956; 1965
J.R. 96, 1967 J.R. 17, vote April 1967; 1971 J.R. 12, 1973 J.R. 15, vote
April 1974; 1975 J.R. 13, 1977 J.R. 7, vote April 1977; 1991 J.R. 13,
vote April 1992]
Suits against state.
SECTION 27.
The
legislature shall direct by law in what manner and in what courts suits
may be brought against the state.
Oath of office. SECTION 28.
Members
of the legislature, and all officers, executive and judicial, except
such inferior officers as may be by law exempted, shall before they
enter upon the duties of their respective offices, take and subscribe an
oath or affirmation to support the constitution of the United States and
the constitution of the state of Wisconsin, and faithfully to discharge
the duties of their respective offices to the best of their ability.
Militia. SECTION 29.
The
legislature shall determine what persons shall constitute the militia of
the state, and may provide for organizing and disciplining the same in
such manner as shall be prescribed by law.
Elections by legislature.
SECTION 30.
[As
amended Nov. 1982]
All
elections made by the legislature shall be by roll callvote entered in
the journals. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Special and private laws
prohibited. SECTION 31.
[As
created Nov. 1871 and amended Nov. 1892 and April 1993]
The
legislature is prohibited from enacting any special or private laws in
the following cases: (1) For changing the names of persons, constituting
one person the heir at law of another or granting any divorce. (2) For
laying out, opening or altering highways, except in cases of state roads
extending into more than one county, and military roads to aid in the
construction of which lands may be granted by congress. (3) For
authorizing persons to keep ferries across streams at points wholly
within this state. (4) For authorizing the sale or mortgage of real or
personal property of minors or others under disability. (5) For locating
or changing any county seat. (6) For assessment or collection of taxes
or for extending the time for the collection thereof. (7) For granting
corporate powers or privileges, except to cities. (8) For authorizing
the apportionment of any part of the school fund. (9) For incorporating
any city, town or village, or to amend the charter thereof.
[1870
J.R. 13, 1871 J.R. 1, 1871 c. 122, vote Nov. 1871; 1889 J.R. 4, 1891
J.R. 4, 1891 c. 362, vote Nov. 1892; 1993 J.R. 3, vote April 1993]
General laws on enumerated
subjects. SECTION 32.
[As
created Nov. 1871 and amended April, 1993]
The
legislature may provide by general law for the treatment of any subject
for which lawmaking is prohibited by section 31 of this article. Subject
to reasonable classifications, such laws shall be uniform in their
operation throughout the state. [1870 J.R. 13, 1871 J.R. 1, 1871 c. 122,
vote Nov. 1871; 1993 J.R. 3, vote April 1993]
Auditing of state accounts.
SECTION 33.
[As
created Nov. 1946]
The
legislature shall provide for the auditing of state accounts and may
establish such offices and prescribe such duties for the same as it
shall deem necessary. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]
Continuity of civil
government. SECTION 34.
[As
created April 1961]
The
legislature, in order to ensure continuity of state and local
governmental operations in periods of emergency resulting from enemy
action in the form of an attack, shall (1) forthwith provide for prompt
and temporary succession to the powers and duties of public offices, of
whatever nature and whether filled by election or appointment, the
incumbents of which may become unavailable for carrying on the powers
and duties of such offices, and (2) adopt such other measures as may be
necessary and proper for attaining the objectives of this section. [1959
J.R. 50, 1961 J.R. 10, vote April 1961]
ARTICLE V. EXECUTIVE
Governor; lieutenant
governor; term. SECTION 1.
[As
amended April 1979]
The
executive power shall be vested in a governor who shall hold office for
4 years; a lieutenant governor shall be elected at the same time and for
the same term. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
Governor; 4−year term.
SECTION 1m.
[Created
April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15,
vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
Lieutenant governor; 4−year
term. SECTION 1n.
[Created
April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15,
vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
Eligibility. SECTION 2.
No
person except a citizen of the United States and a qualified elector of
the state shall be eligible to the office of governor or lieutenant
governor.
Election. SECTION 3.
[As
amended April 1967]
The
governor and lieutenant governor shall be elected by the qualified
electors of the state at the times and places of choosing members of the
legislature. They shall be chosen jointly, by the casting by each voter
of a single vote applicable to both offices beginning with the general
election in 1970. The persons respectively having the highest number of
votes cast jointly for them for governor and lieutenant governor shall
be elected; but in case two or more slates shall have an equal and the
highest number of votes for governor and lieutenant governor, the two
houses of the legislature, at its next annual session shall forthwith,
by joint ballot, choose one of the slates so having an equal and the
highest number of votes for governor and lieutenant governor. The
returns of election for governor and lieutenant governor shall be made
in such manner as shall be provided by law.
[1965
J.R. 45, 1967 J.R. 11 and 14, vote April 1967]
Powers and duties. SECTION
4.
The
governor shall be commander in chief of the military and naval forces of
the state. He shall have power to convene the legislature on
extraordinary occasions, and in case of invasion, or danger from the
prevalence of contagious disease at the seat of government, he may
convene them at any other suitable place within the state. He shall
communicate to the legislature, at every session, the condition of the
state, and recommend such matters to them for their consideration as he
may deem expedient. He shall transact all necessary business with the
officers of the government, civil and military. He shall expedite all
such measures as may be resolved upon by the legislature, and shall take
care that the laws be faithfully executed.
Compensation of governor.
SECTION 5.
[Amended
Nov. 1869 and Nov. 1926; repealed Nov. 1932; see 1868 J.R. 9, 1869 J.R.
2, 1869 c. 186, vote Nov. 1869; 1923 J.R. 80, 1925 J.R. 52, 1925 c. 413,
vote Nov. 1926; 1929 J.R. 69, 1931 J.R. 52, vote Nov. 1932.]
Pardoning power. SECTION 6.
The
governor shall have power to grant reprieves, commutations and pardons,
after conviction, for all offenses, except treason and cases of
impeachment, upon such conditions and with such restrictions and
limitations as he may think proper, subject to such regulations as may
be provided by law relative to the manner of applying for pardons. Upon
conviction for treason he shall have the power to suspend the execution
of the sentence until the case shall be reported to the legislature at
its next meeting, when the legislature shall either pardon, or commute
the sentence, direct the execution of the sentence, or grant a further
reprieve. He shall annually communicate to the legislature each case of
reprieve, commutation or pardon granted, stating the name of the
convict, the crime of which he was convicted, the sentence and its date,
and the date of the commutation, pardon or reprieve, with his reasons
for granting the same.
Lieutenant governor, when
governor. SECTION 7.
[As
amended April 1979]
(1) Upon
the governor’s death, resignation or removal from office, the lieutenant
governor shall become governor for the balance of the unexpired term.
(2) If
the governor is absent from this state, impeached, or from mental or
physical disease, becomes incapable of performing the duties of the
office, the lieutenant governor shall serve as acting governor for the
balance of the unexpired term or until the governor returns, the
disability ceases or the impeachment is vacated. But when the governor,
with the consent of the legislature, shall be out of this state in time
of war at the head of the state’s military force, the governor shall
continue as commander in chief of the military force.
[1977
J.R. 32, 1979 J.R. 3, vote April 1979]
Secretary of state, when
governor. SECTION 8.
[As
amended April 1979]
(1) If
there is a vacancy in the office of lieutenant governor and the governor
dies, resigns or is removed from office, the secretary of state shall
become governor for the balance of the unexpired term.
(2) If
there is a vacancy in the office of lieutenant governor and the governor
is absent from this state, impeached, or from mental or physical disease
becomes incapable of performing the duties of the office, the secretary
of state shall serve as acting governor for the balance of the unexpired
term or until the governor returns, the disability ceases or the
impeachment is vacated.
[1977
J.R. 32, 1979 J.R. 3, vote April 1979]
Compensation of lieutenant
governor. SECTION 9.
[Amended
Nov. 1869; repealed Nov. 1932; see 1868 J.R. 9, 1869 J.R. 2, 1869 c.
186, vote Nov. 1869; 1929 J.R. 70, 1931 J.R. 53, vote Nov. 1932.]
Governor to approve or veto
bills; proceedings on veto. SECTION 10.
[As
amended Nov. 1908, Nov. 1930 and Apr. 1990]
(1)
(a)
Every bill which shall have passed the legislature shall, before it
becomes a law, be presented to the governor.
(b) If
the governor approves and signs the bill, the bill shall become law.
Appropriation bills may be approved in whole or in part by the governor,
and the part approved shall become law.
(c) In
approving an appropriation bill in part, the governor may not create a
new word by rejecting individual letters in the words of the enrolled
bill.
(2)
(a) If
the governor rejects the bill, the governor shall return the bill,
together with the objections in writing, to the house in which the bill
originated. The house of origin shall enter the objections at large upon
the journal and proceed to reconsider the bill. If, after such
reconsideration, two−thirds of the members present agree to pass the
bill notwithstanding the objections of the governor, it shall be sent,
together with the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by two−thirds of the members
present it shall become law.
(b) The
rejected part of an appropriation bill, together with the governor’s
objections in writing, shall be returned to the house in which the bill
originated. The house of origin shall enter the objections at large upon
the journal and proceed to reconsider the rejected part of the
appropriation bill. If, after such reconsideration, two−thirds of the
members present agree to approve the rejected part notwithstanding the
objections of the governor, it shall be sent, together with the
objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two−thirds of the members present the
rejected part shall become law.
(c) In
all such cases the votes of both houses shall be determined by ayes and
noes, and the names of the members voting for or against passage of the
bill or the rejected part of the bill notwithstanding the objections of
the governor shall be entered on the journal of each house respectively.
(3) Any
bill not returned by the governor within 6 days (Sundays excepted) after
it shall have been presented to the governor shall be law unless the
legislature, by final adjournment, prevents the bill’s return, in which
case it shall not be law.
[1905
J.R. 14, 1907 J.R. 13, 1907 c. 661, vote Nov. 1908; 1927 J.R. 37, 1929
J.R. 43, vote Nov. 1930; 1987 A.J.R. 71, 1989 S.J.R. 11, vote Apr. 1990]
ARTICLE VI. ADMINISTRATIVE
Election of secretary of
state, treasurer and attorney general; term. SECTION 1.
[As
amended April 1979]
The
qualified electors of this state, at the times and places of choosing
the members of the legislature, shall in 1970 and every 4 years
thereafter elect a secretary of state, treasurer and attorney general
who shall hold their offices for 4 years. [1977 J.R. 32, 1979 J.R. 3,
vote April 1979]
Secretary of state; 4−year
term. SECTION 1m.
[Created
April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15,
vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
Treasurer; 4−year term.
Section 1n.
[Created
April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15,
vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
Attorney general; 4−year
term. Section 1p.
[Created
April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15,
vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
Secretary of state; duties,
compensation. SECTION 2.
[As
amended Nov. 1946]
The
secretary of state shall keep a fair record of the official acts of the
legislature and executive department of the state, and shall, when
required, lay the same and all matters relative thereto before either
branch of the legislature. He shall perform such other duties as shall
be assigned him by law. He shall receive as a compensation for his
services yearly such sum as shall be provided by law, and shall keep his
office at the seat of government.
[1943
J.R. 60, 1945 J.R. 73, vote Nov. 1946]
Treasurer and attorney
general; duties, compensation. SECTION 3.
The
powers, duties and compensation of the treasurer and attorney general
shall be prescribed by law.
County officers; election,
terms, removal; vacancies. SECTION 4.
[As
amended Nov. 1882, April 1929, Nov. 1962, April 1965, April 1967, April
1972, April 1982, Nov. 1998, April 2005]
(1)
(a)
Except as provided in pars. (b) and (c) and sub. (2), coroners,
registers of deeds, district attorneys, and all other elected county
officers, except judicial officers, sheriffs, and chief executive
officers, shall be chosen by the electors of the respective counties
once in every 2 years.
(b)
Beginning with the first general election at which the governor is
elected which occurs after the ratification of this paragraph, sheriffs
shall be chosen by the electors of the respective counties, or by the
electors of all of the respective counties comprising each combination
of counties combined by the legislature for that purpose, for the term
of 4 years and coroners in counties in which there is a coroner shall be
chosen by the electors of the respective counties, or by the electors of
all of the respective counties comprising each combination of counties
combined by the legislature for that purpose, for the term of 4 years.
(c)
Beginning with the first general election at which the president is
elected which occurs after the ratification of this paragraph, district
attorneys, registers of deeds, county clerks, and treasurers shall be
chosen by the electors of the respective counties, or by the electors of
all of the respective counties comprising each combination of counties
combined by the legislature for that purpose, for the term of 4 years
and surveyors in counties in which the office of surveyor is filled by
election shall be chosen by the electors of the respective counties, or
by the electors of all of the respective counties comprising each
combination of counties combined by the legislature for that purpose,
for the term of 4 years.
(2) The
offices of coroner and surveyor in counties having a population of
500,000 or more are abolished. Counties not having a population of
500,000 shall have the option of retaining the elective office of
coroner or instituting a medical examiner system. Two or more counties
may institute a joint medical examiner system.
(3)
(a)
Sheriffs may not hold any other partisan office.
(b)
Sheriffs may be required by law to renew their security from time to
time, and in default of giving such new security their office shall be
deemed vacant.
(4) The
governor may remove any elected county officer mentioned in this section
except a county clerk, treasurer, or surveyor, giving to the officer a
copy of the charges and an opportunity of being heard.
(5) All
vacancies in the offices of coroner, register of deeds or district
attorney shall be filled by appointment. The person appointed to fill a
vacancy shall hold office only for the unexpired portion of the term to
which appointed and until a successor shall be elected and qualified.
(6) When
a vacancy occurs in the office of sheriff, the vacancy shall be filled
by appointment of the governor, and the person appointed shall serve
until his or her successor is elected and qualified.
[1881
J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 1927 J.R. 24, 1929
J.R. 13, vote April 1929; 1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962;
1963 J.R. 30, 1965 J.R. 5, vote April 1965; 1965 J.R. 61, 1967 J.R. 12,
vote April 1967; 1969 J.R. 33, 1971 J.R. 21, vote April 1972; 1979 J.R.
38, 1981 J.R. 15, vote April 1982; 1995 J.R. 23, 1997 J.R. 18, vote
November 1998; 2003 J.R. 12, 2005 J.R. 2, vote April 2005]
ARTICLE VII. JUDICIARY
Impeachment; trial. SECTION
1.
[As
amended Nov. 1932]
The
court for the trial of impeachments shall be composed of the senate. The
assembly shall have the power of impeaching all civil officers of this
state for corrupt conduct in office, or for crimes and misdemeanors; but
a majority of all the members elected shall concur in an impeachment. On
the trial of an impeachment against the governor, the lieutenant
governor shall not act as a member of the court. No judicial officer
shall exercise his office, after he shall have been impeached, until his
acquittal. Before the trial of an impeachment the members of the court
shall take an oath or affirmation truly and impartially to try the
impeachment according to evidence; and no person shall be convicted
without the concurrence of two−thirds of the members present. Judgment
in cases of impeachment shall not extend further than to removal from
office, or removal from office and disqualification to hold any office
of honor, profit or trust under the state; but the party impeached shall
be liable to indictment, trial and punishment according to law.
[1929
J.R. 72, 1931 J.R. 58, vote Nov. 1932]
Court system. SECTION 2.
[As
amended April 1966 and April 1977]
The
judicial power of this state shall be vested in a unified court system
consisting of one supreme court, a court of appeals, a circuit court,
such trial courts of general uniform statewide jurisdiction as the
legislature may create by law, and a municipal court if authorized by
the legislature under section 14.
[1963
J.R. 48, 1965 J.R. 50, vote April 1966; 1975 J.R. 13, 1977 J.R. 7, vote
April 1977]
Supreme court:
jurisdiction. SECTION 3.
[As
amended April 1977]
(1) The
supreme court shall have superintending and administrative authority
over all courts.
(2) The
supreme court has appellate jurisdiction over all courts and may hear
original actions and proceedings. The supreme court may issue all writs
necessary in aid of its jurisdiction.
(3) The
supreme court may review judgments and orders of the court of appeals,
may remove cases from the court of appeals and may accept cases on
certification by the court of appeals.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Supreme court: election,
chief justice, court system administration. SECTION 4.
[As
amended Nov. 1877, April 1889, April 1903 and April 1977]
(1) The
supreme court shall have 7 members who shall be known as justices of the
supreme court. Justices shall be elected for 10−year terms of office
commencing with the August 1 next succeeding the election. Only one
justice may be elected in any year. Any 4 justices shall constitute a
quorum for the conduct of the court’s business.
(2) The
justice having been longest a continuous member of said court, or in
case 2 or more such justices shall have served for the same length of
time, the justice whose term first expires, shall be the chief justice.
The justice so designated as chief justice may, irrevocably, decline to
serve as chief justice or resign as chief justice but continue to serve
as a justice of the supreme court.
(3) The
chief justice of the supreme court shall be the administrative head of
the judicial system and shall exercise this administrative authority
pursuant to procedures adopted by the supreme court. The chief justice
may assign any judge of a court of record to aid in the proper
disposition of judicial business in any court of record except the
supreme court.
[1876
J.R. 10, 1877 J.R. 1, 1877 c. 48, vote Nov. 1877; 1887 J.R. 5, 1889 J.R.
3, 1889 c. 22, vote April 1889; 1901 J.R. 8, 1903 J.R. 7, 1903 c. 10,
vote April 1903; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]
Judicial circuits. SECTION
5.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Court of appeals. SECTION
5.
[As
created April 1977]
(1) The
legislature shall by law combine the judicial circuits of the state into
one or more districts for the court of appeals and shall designate in
each district the locations where the appeals court shall sit for the
convenience of litigants.
(2) For
each district of the appeals court there shall be chosen by the
qualified electors of the district one or more appeals judges as
prescribed by law, who shall sit as prescribed by law. Appeals judges
shall be elected for 6−year terms and shall reside in the district from
which elected. No alteration of district or circuit boundaries shall
have the effect of removing an appeals judge from office during the
judge’s term. In case of an increase in the number of appeals judges,
the first judge or judges shall be elected for full terms unless the
legislature prescribes a shorter initial term for staggering of terms.
(3) The
appeals court shall have such appellate jurisdiction in the district,
including jurisdiction to review administrative proceedings, as the
legislature may provide by law, but shall have no original jurisdiction
other than by prerogative writ. The appeals court may issue all writs
necessary in aid of its jurisdiction and shall have supervisory
authority over all actions and proceedings in the courts in the
district.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Circuit court: boundaries.
SECTION 6.
[As
amended April 1977]
The
legislature shall prescribe by law the number of judicial circuits,
making them as compact and convenient as practicable, and bounding them
by county lines. No alteration of circuit boundaries shall have the
effect of removing a circuit judge from office during the judge’s term.
In case of an increase of circuits, the first judge or judges shall be
elected.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Circuit court: election.
SECTION 7.
[As
amended April 1897, Nov. 1924 and April 1977]
For each
circuit there shall be chosen by the qualified electors thereof one or
more circuit judges as prescribed by law. Circuit judges shall be
elected for 6−year terms and shall reside in the circuit from which
elected.
[1895
J.R. 8, 1897 J.R. 9, 1897 c. 69, vote April 1897; 1921 J.R. 24S, 1923
J.R. 64, 1923 c. 408, vote Nov. 1924; 1975 J.R. 13, 1977 J.R. 7, vote
April 1977]
Circuit court:
jurisdiction. SECTION 8.
[As
amended April 1977]
Except
as otherwise provided by law, the circuit court shall have original
jurisdiction in all matters civil and criminal within this state and
such appellate jurisdiction in the circuit as the legislature may
prescribe by law. The circuit court may issue all writs necessary in aid
of its jurisdiction.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Judicial elections,
vacancies. SECTION 9.
[As
amended April 1953 and April 1977]
When a
vacancy occurs in the office of justice of the supreme court or judge of
any court of record, the vacancy shall be filled by appointment by the
governor, which shall continue until a successor is elected and
qualified. There shall be no election for a justice or judge at the
partisan general election for state or county officers, nor within 30
days either before or after such election.
[1951
J.R. 41, 1953 J.R. 12, vote April 1953; 1975 J.R. 13, 1977 J.R. 7, vote
April 1977]
Judges: eligibility to
office. SECTION 10.
[As
amended Nov. 1912 and April 1977]
(1) No
justice of the supreme court or judge of any court of record shall hold
any other office of public trust, except a judicial office, during the
term for which elected. No person shall be eligible to the office of
judge who shall not, at the time of election or appointment, be a
qualified elector within the jurisdiction for which chosen.
(2)
Justices of the supreme court and judges of the courts of record shall
receive such compensation as the legislature may authorize by law, but
may not receive fees of office.
[1909
J.R. 34, 1911 J.R. 24, 1911 c. 665, vote Nov. 1912; 1975 J.R. 13, 1977
J.R. 7, vote April 1977]
Terms of courts; change of
judges. SECTION 11.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Disciplinary proceedings.
SECTION 11.
[As
created April 1977]
Each
justice or judge shall be subject to reprimand, censure, suspension,
removal for cause or for disability, by the supreme court pursuant to
procedures established by the legislature by law. No justice or judge
removed for cause shall be eligible for reappointment or temporary
service. This section is alternative to, and cumulative with, the
methods of removal provided in sections 1 and 13 of this article and
section 12 of article XIII.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Clerks of circuit and
supreme courts. SECTION 12.
[As
amended Nov. 1882, April 2005]
(1)
There shall be a clerk of circuit court chosen in each county organized
for judicial purposes by the qualified electors thereof, who, except as
provided in sub. (2), shall hold office for two years, subject to
removal as provided by law.
(2)
Beginning with the first general election at which the governor is
elected which occurs after the ratification of this subsection, a clerk
of circuit court shall be chosen by the electors of each county, for the
term of 4 years, subject to removal as provided by law.
(3) In
case of a vacancy, the judge of the circuit court may appoint a clerk
until the vacancy is filled by an election.
(4) The
clerk of circuit court shall give such security as the legislature
requires by law.
(5) The
supreme court shall appoint its own clerk, and may appoint a clerk of
circuit court to be the clerk of the supreme court.
[1881
J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 2003 J.R. 12, 2005
J.R. 2, vote April 2005]
Justices and judges:
removal by address. SECTION 13.
[As
amended April 1974 and April 1977]
Any
justice or judge may be removed from office by address of both houses of
the legislature, if two−thirds of all the members elected to each house
concur therein, but no removal shall be made by virtue of this section
unless the justice or judge complained of is served with a copy of the
charges, as the ground of address, and has had an opportunity of being
heard. On the question of removal, the ayes and noes shall be entered on
the journals.
[1971
J.R. 30, 1973 J.R. 25, vote April 1974; 1975 J.R. 13, 1977 J.R. 7, vote
April 1977]
Municipal court. SECTION
14.
[As
amended April 1977]
The
legislature by law may authorize each city, village and town to
establish a municipal court. All municipal courts shall have uniform
jurisdiction limited to actions and proceedings arising under ordinances
of the municipality in which established. Judges of municipal courts may
receive such compensation as provided by the municipality in which
established, but may not receive fees of office.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977]
Justices of the peace.
SECTION 15.
[Amended
April 1945; repealed April 1966; see 1943 J.R. 27, 1945 J.R. 2, vote
April 1945; 1963 J.R. 48, 1965 J.R. 50, vote April 1966.]
Tribunals of conciliation.
SECTION 16.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Style of writs;
indictments. SECTION 17.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Suit tax. SECTION 18.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Testimony in equity suits;
master in chancery. SECTION 19.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Rights of suitors. SECTION
20.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
See Art. I, sec. 21.
Publication of laws and
decisions. SECTION 21.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
See Art. IV, sec. 17.
Commissioners to revise
code of practice. SECTION 22.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Court commissioners.
SECTION 23.
[Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.]
Justices and judges:
eligibility for office; retirement. SECTION 24.
[As
created April 1955 and amended April 1968 and April 1977]
(1) To
be eligible for the office of supreme court justice or judge of any
court of record, a person must be an attorney licensed to practice law
in this state and have been so licensed for 5 years immediately prior to
election or appointment.
(2)
Unless assigned temporary service under subsection (3), no person may
serve as a supreme court justice or judge of a court of record beyond
the July 31 following the date on which such person attains that age, of
not less than 70 years, which the legislature shall prescribe by law.
(3) A
person who has served as a supreme court justice or judge of a court of
record may, as provided by law, serve as a judge of any court of record
except the supreme court on a temporary basis if assigned by the chief
justice of the supreme court.
[1953
J.R. 46, 1955 J.R. 14, vote April 1955; 1965 J.R. 101, 1967 J.R. 22 and
56, vote April 1968; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]
ARTICLE VIII. FINANCE
Rule of taxation uniform;
income, privilege and occupation taxes. SECTION 1.
[As
amended Nov. 1908, April 1927, April 1941, April 1961 and April 1974]
The rule
of taxation shall be uniform but the legislature may empower cities,
villages or towns to collect and return taxes on real estate located
therein by optional methods. Taxes shall be levied upon such property
with such classifications as to forests and minerals including or
separate or severed from the land, as the legislature shall prescribe.
Taxation of agricultural land and undeveloped land, both as defined by
law, need not be uniform with the taxation of each other nor with the
taxation of other real property. Taxation of merchants’ stock−in−trade,
manufacturers’ materials and finished products, and livestock need not
be uniform with the taxation of real property and other personal
property, but the taxation of all such merchants’ stock−in−trade,
manufacturers’ materials and finished products and livestock shall be
uniform, except that the legislature may provide that the value thereof
shall be determined on an average basis. Taxes may also be imposed on
incomes, privileges and occupations, which taxes may be graduated and
progressive, and reasonable exemptions may be provided.
[1905
J.R. 12, 1907 J.R. 29, 1907 c. 661, vote Nov. 1908; 1925 J.R. 62, 1927
J.R. 13, vote April 1927; 1939 J.R. 88, 1941 J.R. 18, vote April 1941;
1959 J.R. 78, 1961 J.R. 13, vote April 1961; 1971 J.R. 39, 1973 J.R. 29,
vote April 1974]
Appropriations; limitation.
SECTION 2.
[As
amended Nov. 1877]
No money
shall be paid out of the treasury except in pursuance of an
appropriation by law. No appropriation shall be made for the payment of
any claim against the state except claims of the United States and
judgments, unless filed within six years after the claim accrued.
[1876
J.R. 7, 1877 J.R. 4, 1877 c. 158, vote Nov. 1877]
Credit of state. SECTION 3.
[As
amended April 1975]
Except
as provided in s. 7 (2) (a), the credit of the state shall never be
given, or loaned, in aid of any individual, association or corporation.
[1973
J.R. 38, 1975 J.R. 3, vote April 1975]
Contracting state debts.
SECTION 4.
The
state shall never contract any public debt except in the cases and
manner herein provided.
Annual tax levy to equal
expenses. SECTION 5.
The
legislature shall provide for an annual tax sufficient to defray the
estimated expenses of the state for each year; and whenever the expenses
of any year shall exceed the income, the legislature shall provide for
levying a tax for the ensuing year, sufficient, with other sources of
income, to pay the deficiency as well as the estimated expenses of such
ensuing year.
Public debt for
extraordinary expense; taxation. SECTION 6.
For the
purpose of defraying extraordinary expenditures the state may contract
public debts (but such debts shall never in the aggregate exceed one
hundred thousand dollars). Every such debt shall be authorized by law,
for some purpose or purposes to be distinctly specified therein; and the
vote of a majority of all the members elected to each house, to be taken
by yeas and nays, shall be necessary to the passage of such law; and
every such law shall provide for levying an annual tax sufficient to pay
the annual interest of such debt and the principal within five years
from the passage of such law, and shall specially appropriate the
proceeds of such taxes to the payment of such principal and interest;
and such appropriation shall not be repealed, nor the taxes be postponed
or diminished, until the principal and interest of such debt shall have
been wholly paid.
Public debt for public
defense; bonding for public purposes. SECTION 7.
[As
amended April 1969, April 1975 and April 1992]
(1) The
legislature may also borrow money to repel invasion, suppress
insurrection, or defend the state in time of war; but the money thus
raised shall be applied exclusively to the object for which the loan was
authorized, or to the repayment of the debt thereby created.
(2) Any
other provision of this constitution to the contrary notwithstanding:
(a) The
state may contract public debt and pledges to the payment thereof its
full faith, credit and taxing power:
1. To
acquire, construct, develop, extend, enlarge or improve land, waters,
property, highways, railways, buildings, equipment or facilities for
public purposes.
2. To
make funds available for veterans’ housing loans.
(b) The
aggregate public debt contracted by the state in any calendar year
pursuant to paragraph (a) shall not exceed an amount equal to the lesser
of: 1. Three−fourths of one per centum of the aggregate value of all
taxable property in the state; or 2. Five per centum of the aggregate
value of all taxable property in the state less the sum of: a. the
aggregate public debt of the state contracted pursuant to this section
outstanding as of January 1 of such calendar year after subtracting
therefrom the amount of sinking funds on hand on January 1 of such
calendar year which are applicable exclusively to repayment of such
outstanding public debt and, b. the outstanding indebtedness as of
January 1 of such calendar year of any entity of the type described in
paragraph (d) to the extent that such indebtedness is supported by or
payable from payments out of the treasury of the state.
(c) The
state may contract public debt, without limit, to fund or refund the
whole or any part of any public debt contracted pursuant to paragraph
(a), including any premium payable with respect thereto and any interest
to accrue thereon, or to fund or refund the whole or any part of any
indebtedness incurred prior to January 1, 1972, by any entity of the
type described in paragraph (d), including any premium payable with
respect thereto and any interest to accrue thereon.
(d) No
money shall be paid out of the treasury, with respect to any lease,
sublease or other agreement entered into after January 1, 1971, to the
Wisconsin State Agencies Building Corporation, Wisconsin State Colleges
Building Corporation, Wisconsin State Public Building Corporation,
Wisconsin University Building Corporation or any similar entity existing
or operating for similar purposes pursuant to which such nonprofit
corporation or such other entity undertakes to finance or provide a
facility for use or occupancy by the state or an agency, department or
instrumentality thereof.
(e) The
legislature shall prescribe all matters relating to the contracting of
public debt pursuant to paragraph (a), including: the public purposes
for which public debt may be contracted; by vote of a majority of the
members elected to each of the 2 houses of the legislature, the amount
of public debt which may be contracted for any class of such purposes;
the public debt or other indebtedness which may be funded or refunded;
the kinds of notes, bonds or other evidence of public debt which may be
issued by the state; and the manner in which the aggregate value of all
taxable property in the state shall be determined.
(f) The
full faith, credit and taxing power of the state are pledged to the
payment of all public debt created on behalf of the state pursuant to
this section and the legislature shall provide by appropriation for the
payment of the interest upon and instalments of principal of all such
public debt as the same falls due, but, in any event, suit may be
brought against the state to compel such payment.
(g) At
any time after January 1, 1972, by vote of a majority of the members
elected to each of the 2 houses of the legislature, the legislature may
declare that an emergency exists and submit to the people a proposal to
authorize the state to contract a specific amount of public debt for a
purpose specified in such proposal, without regard to the limit provided
in paragraph (b). Any such authorization shall be effective if approved
by a majority of the electors voting thereon. Public debt contracted
pursuant to such authorization shall thereafter be deemed to have been
contracted pursuant to paragraph (a), but neither such public debt nor
any public debt contracted to fund or refund such public debt shall be
considered in computing the debt limit provided in paragraph (b). Not
more than one such authorization shall be thus made in any 2−year
period.
[1967
J.R. 58, 1969 J.R. 3, vote April 1969; 1973 J.R. 38, 1975 J.R. 3, vote
April 1975; J.R. 9, vote April 1992]
Vote on fiscal bills;
quorum. SECTION 8.
On the
passage in either house of the legislature of any law which imposes,
continues or renews a tax, or creates a debt or charge, or makes,
continues or renews an appropriation of public or trust money, or
releases, discharges or commutes a claim or demand of the state, the
question shall be taken by yeas and nays, which shall be duly entered on
the journal; and three−fifths of all the members elected to such house
shall in all such cases be required to constitute a quorum therein.
Evidences of public debt.
SECTION 9.
No
scrip, certificate, or other evidence of state debt, whatsoever, shall
be issued, except for such debts as are authorized by the sixth and
seventh sections of this article.
Internal improvements.
SECTION 10.
[As
amended Nov. 1908, Nov. 1924, Apr. 1945, Apr. 1949, Apr. 1960, Apr. 1968
and Apr. 1992]
Except
as further provided in this section, the state may never contract any
debt for works of internal improvement, or be a party in carrying on
such works.
(1)
Whenever grants of land or other property shall have been made to the
state, especially dedicated by the grant to particular works of internal
improvement, the state may carry on such particular works and shall
devote thereto the avails of such grants, and may pledge or appropriate
the revenues derived from such works in aid of their completion.
(2) The
state may appropriate money in the treasury or to be thereafter raised
by taxation for:
(a) The
construction or improvement of public highways.
(b) The
development, improvement and construction of airports or other
aeronautical projects.
(c) The
acquisition, improvement or construction of veterans’ housing.
(d) The
improvement of port facilities.
(e) The
acquisition, development, improvement or construction of railways and
other railroad facilities.
(3) The
state may appropriate moneys for the purpose of acquiring, preserving
and developing the forests of the state. Of the moneys appropriated
under the authority of this subsection in any one year an amount not to
exceed two−tenths of one mill of the taxable property of the state as
determined by the last preceding state assessment may be raised by a tax
on property.
[1905
J.R. 11, 1907 J.R. 18, 1907 c. 238, vote Nov. 1908; 1921 J.R. 29S, 1923
J.R. 57, 1923 c. 289, vote Nov. 1924; 1943 J.R. 37, 1945 J.R. 3, vote
April 1945; Spl. S. 1948 J.R. 1, 1949 J.R. 1, vote April 1949; 1957 J.R.
58, 1959 J.R. 15, vote April 1960; 1965 J.R. 43, 1967 J.R. 25, vote
April 1968; 1991 J.R. 9, vote April 1992]
ARTICLE IX. EMINENT DOMAIN
AND PROPERTY OF THE STATE
Jurisdiction on rivers and
lakes; navigable waters. SECTION 1.
The
state shall have concurrent jurisdiction on all rivers and lakes
bordering on this state so far as such rivers or lakes shall form a
common boundary to the state and any other state or territory now or
hereafter to be formed, and bounded by the same; and the river
Mississippi and the navigable waters leading into the Mississippi and
St. Lawrence, and the carrying places between the same, shall be common
highways and forever free, as well to the inhabitants of the state as to
the citizens of the United States, without any tax, impost or duty
therefor.
Territorial property.
SECTION 2.
The
title to all lands and other property which have accrued to the
territory of Wisconsin by grant, gift, purchase, forfeiture, escheat or
otherwise shall vest in the state of Wisconsin.
Ultimate property in lands;
escheats. SECTION 3.
The
people of the state, in their right of sovereignty, are declared to
possess the ultimate property in and to all lands within the
jurisdiction of the state; and all lands the title to which shall fail
from a defect of heirs shall revert or escheat to the people.
ARTICLE X. EDUCATION
Superintendent of public
instruction. SECTION 1.
[As
amended Nov. 1902 and Nov. 1982]
The
supervision of public instruction shall be vested in a state
superintendent and such other officers as the legislature shall direct;
and their qualifications, powers, duties and compensation shall be
prescribed by law. The state superintendent shall be chosen by the
qualified electors of the state at the same time and in the same manner
as members of the supreme court, and shall hold office for 4 years from
the succeeding first Monday in July. The term of office, time and manner
of electing or appointing all other officers of supervision of public
instruction shall be fixed by law.
[1899
J.R. 16, 1901 J.R. 3, 1901 c. 258, vote Nov. 1902; 1979 J.R. 36, 1981
J.R. 29, vote Nov. 1982]
School fund created; income
applied. SECTION 2.
[As
amended Nov. 1982]
The
proceeds of all lands that have been or hereafter may be granted by the
United States to this state for educational purposes (except the lands
heretofore granted for the purposes of a university) and all moneys and
the clear proceeds of all property that may accrue to the state by
forfeiture or escheat; and the clear proceeds of all fines collected in
the several counties for any breach of the penal laws, and all moneys
arising from any grant to the state where the purposes of such grant are
not specified, and the 500,000 acres of land to which the state is
entitled by the provisions of an act of congress, entitled “An act to
appropriate the proceeds of the sales of the public lands and to grant
pre−emption rights,” approved September 4, 1841; and also the 5 percent
of the net proceeds of the public lands to which the state shall become
entitled on admission into the union (if congress shall consent to such
appropriation of the 2 grants last mentioned) shall be set apart as a
separate fund to be called “the school fund,” the interest of which and
all other revenues derived from the school lands shall be exclusively
applied to the following objects, to wit:
(1) To
the support and maintenance of common schools, in each school district,
and the purchase of suitable libraries and apparatus therefor.
(2) The
residue shall be appropriated to the support and maintenance of
academies and normal schools, and suitable libraries and apparatus
therefor.
[1979
J.R. 36, 1981 J.R. 29, vote Nov. 1982]
District schools; tuition;
sectarian instruction; released time. SECTION 3.
[As
amended April 1972]
The
legislature shall provide by law for the establishment of district
schools, which shall be as nearly uniform as practicable; and such
schools shall be free and without charge for tuition to all children
between the ages of 4 and 20 years; and no sectarian instruction shall
be allowed therein; but the legislature by law may, for the purpose of
religious instruction outside the district schools, authorize the
release of students during regular school hours.
[1969
J.R. 37, 1971 J.R. 28, vote April 1972]
Annual school tax. SECTION
4.
Each
town and city shall be required to raise by tax, annually, for the
support of common schools therein, a sum not less than one−half the
amount received by such town or city respectively for school purposes
from the income of the school fund.
Income of school fund.
SECTION 5.
Provision shall be made by law for the distribution of the income of the
school fund among the several towns and cities of the state for the
support of common schools therein, in some just proportion to the number
of children and youth resident therein between the ages of four and
twenty years, and no appropriation shall be made from the school fund to
any city or town for the year in which said city or town shall fail to
raise such tax; nor to any school district for the year in which a
school shall not be maintained at least three months.
State university; support.
SECTION 6.
Provision shall be made by law for the establishment of a state
university at or near the seat of state government, and for connecting
with the same, from time to time, such colleges in different parts of
the state as the interests of education may require. The proceeds of all
lands that have been or may hereafter be granted by the United States to
the state for the support of a university shall be and remain a
perpetual fund to be called “the university fund,” the interest of which
shall be appropriated to the support of the state university, and no
sectarian instruction shall be allowed in such university.
Commissioners of public
lands. SECTION 7.
The
secretary of state, treasurer and attorney general, shall constitute a
board of commissioners for the sale of the school and university lands
and for the investment of the funds arising therefrom. Any two of said
commissioners shall be a quorum for the transaction of all business
pertaining to the duties of their office.
Sale of public lands.
SECTION 8.
Provision shall be made by law for the sale of all school and university
lands after they shall have been appraised; and when any portion of such
lands shall be sold and the purchase money shall not be paid at the time
of the sale, the commissioners shall take security by mortgage upon the
lands sold for the sum remaining unpaid, with seven per cent interest
thereon, payable annually at the office of the treasurer.
The
commissioners shall be authorized to execute a good and sufficient
conveyance to all purchasers of such lands, and to discharge any
mortgages taken as security, when the sum due thereon shall have been
paid. The commissioners shall have power to withhold from sale any
portion of such lands when they shall deem it expedient, and shall
invest all moneys arising from the sale of such lands, as well as all
other university and school funds, in such manner as the legislature
shall provide, and shall give such security for the faithful performance
of their duties as may be required by law.
ARTICLE XI. CORPORATIONS
Corporations; how formed.
SECTION 1.
[As
amended April 1981]
Corporations without banking powers or privileges may be formed under
general laws, but shall not be created by special act, except for
municipal purposes. All general laws or special acts enacted under the
provisions of this section may be altered or repealed by the legislature
at any time after their passage.
[1979
J.R. 21, 1981 J.R. 9, vote April 1981]
Property taken by
municipality. SECTION 2.
[As
amended April 1961]
No
municipal corporation shall take private property for public use,
against the consent of the owner, without the necessity thereof being
first established in the manner prescribed by the legislature.
[1959
J.R. 47, 1961 J.R. 12, vote April 1961]
Municipal home rule; debt
limit; tax to pay debt. SECTION 3.
[As
amended Nov. 1874, Nov. 1912, Nov. 1924, Nov. 1932, April 1951, April
1955, Nov. 1960, April 1961, April 1963, April 1966 and April 1981]
(1)
Cities and villages organized pursuant to state law may determine their
local affairs and government, subject only to this constitution and to
such enactments of the legislature of statewide concern as with
uniformity shall affect every city or every village. The method of such
determination shall be prescribed by the legislature.
(2) No
county, city, town, village, school district, sewerage district or other
municipal corporation may become indebted in an amount that exceeds an
allowable percentage of the taxable property located therein equalized
for state purposes as provided by the legislature. In all cases the
allowable percentage shall be 5 percent except as specified in pars. (a)
and (b):
(a) For
any city authorized to issue bonds for school purposes, an additional 10
percent shall be permitted for school purposes only, and in such cases
the territory attached to the city for school purposes shall be included
in the total taxable property supporting the bonds issued for school
purposes.
(b) For
any school district which offers no less than grades one to 12 and which
at the time of incurring such debt is eligible for the highest level of
school aids, 10 percent shall be permitted.
(3) Any
county, city, town, village, school district, sewerage district or other
municipal corporation incurring any indebtedness under sub. (2) shall,
before or at the time of doing so, provide for the collection of a
direct annual tax sufficient to pay the interest on such debt as it
falls due, and also to pay and discharge the principal thereof within 20
years from the time of contracting the same.
(4) When
indebtedness under sub. (2) is incurred in the acquisition of lands by
cities, or by counties or sewerage districts having a population of
150,000 or over, for public, municipal purposes, or for the permanent
improvement thereof, or to purchase, acquire, construct, extend, add to
or improve a sewage collection or treatment system which services all or
a part of such city or county, the city, county or sewerage district
incurring the indebtedness shall, before or at the time of so doing,
provide for the collection of a direct annual tax sufficient to pay the
interest on such debt as it falls due, and also to pay and discharge the
principal thereof within a period not exceeding 50 years from the time
of contracting the same.
(5) An
indebtedness created for the purpose of purchasing, acquiring, leasing,
constructing, extending, adding to, improving, conducting, controlling,
operating or managing a public utility of a town, village, city or
special district, and secured solely by the property or income of such
public utility, and whereby no municipal liability is created, shall not
be considered an indebtedness of such town, village, city or special
district, and shall not be included in arriving at the debt limitation
under sub. (2).
[1872
J.R. 11, 1873 J.R. 4, 1874 c. 37, vote Nov. 1874; 1909 J.R. 44, 1911
J.R. 42, 1911 c. 665, vote Nov. 1912; 1921 J.R. 39S, 1923 J.R. 34, 1923
c. 203, vote Nov. 1924; 1929 J.R. 74, 1931 J.R. 71, vote Nov. 1932; 1949
J.R. 12, 1951 J.R. 6, vote April 1951; 1953 J.R. 47, 1955 J.R. 12, vote
April 1955; 1957 J.R. 59, 1959 J.R. 32, vote Nov. 1960; 1959 J.R. 35,
1961 J.R. 8, vote April 1961; 1961 J.R. 71, 1963 J.R. 8, vote April 2,
1963; 1963 J.R. 44, 1965 J.R. 51 and 58, vote April 1966; 1979 J.R. 43,
1981 J.R. 7, vote April 1981]
Acquisition of lands by
state and subdivisions; sale of excess. SECTION 3a.
[As
created Nov. 1912 and amended Apr. 3, 1956]
The
state or any of its counties, cities, towns or villages may acquire by
gift, dedication, purchase, or condemnation lands for establishing,
laying out, widening, enlarging, extending, and maintaining memorial
grounds, streets, highways, squares, parkways, boulevards, parks,
playgrounds, sites for public buildings, and reservations in and about
and along and leading to any or all of the same; and after the
establishment, layout, and completion of such improvements, may convey
any such real estate thus acquired and not necessary for such
improvements, with reservations concerning the future use and occupation
of such real estate, so as to protect such public works and
improvements, and their environs, and to preserve the view, appearance,
light, air, and usefulness of such public works. If the governing body
of a county, city, town or village elects to accept a gift or dedication
of land made on condition that the land be devoted to a special purpose
and the condition subsequently becomes impossible or impracticable, such
governing body may by resolution or ordinance enacted by a two−thirds
vote of its members elect either to grant the land back to the donor or
dedicator or his heirs or accept from the donor or dedicator or his
heirs a grant relieving the county, city, town or village of the
condition; however, if the donor or dedicator or his heirs are unknown
or cannot be found, such resolution or ordinance may provide for the
commencement of proceedings in the manner and in the courts as the
legislature shall designate for the purpose of relieving the county,
city, town or village from the condition of the gift or dedication.
[1909
J.R. 38, 1911 J.R. 48, 1911 c. 665, vote Nov. 1912; 1953 J.R. 35, 1955
J.R. 36, vote April 3, 1956]
General banking law.
SECTION 4.
[As
created Nov. 1902 and amended April 1981]
The
legislature may enact a general banking law for the creation of banks,
and for the regulation and supervision of the banking business.
[1899
J.R. 13, 1901 J.R. 2, 1901 c. 73, vote Nov. 1902; 1979 J.R. 21, 1981
J.R. 9, vote April 1981]
Referendum on banking laws.
SECTION 5.
[Repealed Nov. 1902; see 1899 J.R. 13, 1901 J.R. 2, 1901 c. 73, vote
Nov. 1902.]
ARTICLE XII. AMENDMENTS
Constitutional amendments.
SECTION 1.
Any
amendment or amendments to this constitution may be proposed in either
house of the legislature, and if the same shall be agreed to by a
majority of the members elected to each of the two houses, such proposed
amendment or amendments shall be entered on their journals, with the
yeas and nays taken thereon, and referred to the legislature to be
chosen at the next general election, and shall be published for three
months previous to the time of holding such election; and if, in the
legislature so next chosen, such proposed amendment or amendments shall
be agreed to by a majority of all the members elected to each house,
then it shall be the duty of the legislature to submit such proposed
amendment or amendments to the people in such manner and at such time as
the legislature shall prescribe; and if the people shall approve and
ratify such amendment or amendments by a majority of the electors voting
thereon, such amendment or amendments shall become part of the
constitution; provided, that if more than one amendment be submitted,
they shall be submitted in such manner that the people may vote for or
against such amendments separately.
Constitutional conventions.
SECTION 2.
If at
any time a majority of the senate and assembly shall deem it necessary
to call a convention to revise or change this constitution, they shall
recommend to the electors to vote for or against a convention at the
next election for members of the legislature. And if it shall appear
that a majority of the electors voting thereon have voted for a
convention, the legislature shall, at its next session, provide for
calling such convention.
ARTICLE XIII. MISCELLANEOUS
PROVISIONS
Political year; elections.
SECTION 1.
[As
amended Nov. 1882 and April 1986]
The
political year for this state shall commence on the first Monday of
January in each year, and the general election shall be held on the
Tuesday next succeeding the first Monday of November in even−numbered
years.
[1881
J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 1983 J.R. 30, 1985
J.R. 14, vote April 1986]
Dueling. SECTION 2.
[Repealed April 1975; see 1973 J.R. 10, 1975 J.R. 4, vote April 1975.]
Eligibility to office.
SECTION 3.
[As
amended Nov. 1996]
(1) No
member of congress and no person holding any office of profit or trust
under the United States except postmaster, or under any foreign power,
shall be eligible to any office of trust, profit or honor in this state.
(2) No
person convicted of a felony, in any court within the United States, no
person convicted in federal court of a crime designated, at the time of
commission, under federal law as a misdemeanor involving a violation of
public trust and no person convicted, in a court of a state, of a crime
designated, at the time of commission, under the law of the state as a
misdemeanor involving a violation of public trust shall be eligible to
any office of trust, profit or honor in this state unless pardoned of
the conviction.
(3) No
person may seek to have placed on any ballot for a state or local
elective office in this state the name of a person convicted of a
felony, in any court within the United States, the name of a person
convicted in federal court of a crime designated, at the time of
commission, under federal law as a misdemeanor involving a violation of
public trust or the name of a person convicted, in a court of a state,
of a crime designated, at the time of commission, under the law of the
state as a misdemeanor involving a violation of public trust, unless the
person named for the ballot has been pardoned of the conviction.
[1995
Jt. Res. 28]
Great seal. SECTION 4.
It shall
be the duty of the legislature to provide a great seal for the state,
which shall be kept by the secretary of state, and all official acts of
the governor, his approbation of the laws excepted, shall be thereby
authenticated.
Residents on Indian lands,
where to vote. SECTION 5.
[Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
Legislative officers.
SECTION 6.
The
elective officers of the legislature, other than the presiding officers,
shall be a chief clerk and a sergeant at arms, to be elected by each
house.
Division of counties.
SECTION 7.
No
county with an area of nine hundred square miles or less shall be
divided or have any part stricken therefrom, without submitting the
question to a vote of the people of the county, nor unless a majority of
all the legal voters of the county voting on the question shall vote for
the same.
Removal of county seats.
SECTION 8.
No
county seat shall be removed until the point to which it is proposed to
be removed shall be fixed by law, and a majority of the voters of the
county voting on the question shall have voted in favor of its removal
to such point.
Election or appointment of
statutory officers. SECTION 9.
All
county officers whose election or appointment is not provided for by
this constitution shall be elected by the electors of the respective
counties, or appointed by the boards of supervisors, or other county
authorities, as the legislature shall direct.
All
city, town and village officers whose election or appointment is not
provided for by this constitution shall be elected by the electors of
such cities, towns and villages, or of some division thereof, or
appointed by such authorities thereof as the legislature shall designate
for that purpose. All other officers whose election or appointment is
not provided for by this constitution, and all officers whose offices
may hereafter be created by law, shall be elected by the people or
appointed, as the legislature may direct.
Vacancies in office.
SECTION 10.
[As
amended April 1979]
(1) The
legislature may declare the cases in which any office shall be deemed
vacant, and also the manner of filling the vacancy, where no provision
is made for that purpose in this constitution.
(2)
Whenever there is a vacancy in the office of lieutenant governor, the
governor shall nominate a successor to serve for the balance of the
unexpired term, who shall take office after confirmation by the senate
and by the assembly.
[1977
J.R. 32, 1979 J.R. 3, vote April 1979]
Passes, franks and
privileges. SECTION 11.
[As
created Nov. 1902 and amended Nov. 1936]
No
person, association, copartnership, or corporation, shall promise, offer
or give, for any purpose, to any political committee, or any member or
employe thereof, to any candidate for, or incumbent of any office or
position under the constitution or laws, or under any ordinance of any
town or municipality, of this state, or to any person at the request or
for the advantage of all or any of them, any free pass or frank, or any
privilege withheld from any person, for the traveling accommodation or
transportation of any person or property, or the transmission of any
message or communication.
Recall of elective
officers. SECTION 12.
[As
created Nov. 1926 and amended April 1981]
The
qualified electors of the state, of any congressional, judicial or
legislative district or of any county may petition for the recall of any
incumbent elective officer after the first year of the term for which
the incumbent was elected, by filing a petition with the filing officer
with whom the nomination petition to the office in the primary is filed,
demanding the recall of the incumbent.
(1) The
recall petition shall be signed by electors equalling at least
twenty−five percent of the vote cast for the office of governor at the
last preceding election, in the state, county or district which the
incumbent represents.
(2) The
filing officer with whom the recall petition is filed shall call a
recall election for the Tuesday of the 6th week after the date of filing
the petition or, if that Tuesday is a legal holiday, on the first day
after that Tuesday which is not a legal holiday.
(3) The
incumbent shall continue to perform the duties of the office until the
recall election results are officially declared.
(4)
Unless the incumbent declines within 10 days after the filing of the
petition, the incumbent shall without filing be deemed to have filed for
the recall election. Other candidates may file for the office in the
manner provided by law for special elections. For the purpose of
conducting elections under this section:
(a) When
more than 2 persons compete for a nonpartisan office, a recall primary
shall be held. The 2 persons receiving the highest number of votes in
the recall primary shall be the 2 candidates in the recall election,
except that if any candidate receives a majority of the total number of
votes cast in the recall primary, that candidate shall assume the office
for the remainder of the term and a recall election shall not be held.
(b) For
any partisan office, a recall primary shall be held for each political
party which is by law entitled to a separate ballot and from which more
than one candidate competes for the party’s nomination in the recall
election. The person receiving the highest number of votes in the recall
primary for each political party shall be that party’s candidate in the
recall election. Independent candidates and candidates representing
political parties not entitled by law to a separate ballot shall be
shown on the ballot for the recall election only.
(c) When
a recall primary is required, the date specified under sub. (2) shall be
the date of the recall primary and the recall election shall be held on
the Tuesday of the 4th week after the recall primary or, if that Tuesday
is a legal holiday, on the first day after that Tuesday which is not a
legal holiday.
(5) The
person who receives the highest number of votes in the recall election
shall be elected for the remainder of the term.
(6)
After one such petition and recall election, no further recall petition
shall be filed against the same officer during the term for which he was
elected.
(7) This
section shall be self−executing and mandatory. Laws may be enacted to
facilitate its operation but no law shall be enacted to hamper, restrict
or impair the right of recall.
[1923
J.R. 73, 1925 J.R. 16, 1925 c. 270, vote Nov. 1926; 1979 J.R. 41, 1981
J.R. 6, vote April 1981]
ARTICLE XIV. SCHEDULE
Effect of change from
territory to state. SECTION 1.
That no
inconvenience may arise by reason of a change from a territorial to a
permanent state government, it is declared that all rights, actions,
prosecutions, judgments, claims and contracts, as well of individuals as
of bodies corporate, shall continue as if no such change had taken
place; and all process which may be issued under the authority of the
territory of Wisconsin previous to its admission into the union of the
United States shall be as valid as if issued in the name of the state.
Territorial laws continued.
SECTION 2.
All laws
now in force in the territory of Wisconsin which are not repugnant to
this constitution shall remain in force until they expire by their own
limitation or be altered or repealed by the legislature.
Territorial fines accrue to
state. SECTION 3.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Rights of action and
prosecutions saved. SECTION 4.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Existing officers hold
over. SECTION 5.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Seat of government. SECTION
6.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Local officers hold over.
SECTION 7.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Copy of constitution for
president. Section 8.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Ratification of
constitution; election of officers. SECTION 9.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Congressional
apportionment. SECTION 10.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
First elections. SECTION
11.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Legislative apportionment.
SECTION 12.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Common law continued in
force. SECTION 13.
Such
parts of the common law as are now in force in the territory of
Wisconsin, not inconsistent with this constitution, shall be and
continue part of the law of this state until altered or suspended by the
legislature.
Officers, when to enter on
duties. SECTION 14.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Oath of office. SECTION 15.
[Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]
Implementing revised
structure of judicial branch. SECTION 16.
[Created
April 1977; as affected Nov. 1982, (1), (2), (3) and (5) repealed.]
(4)
[Amended Nov. 1982] The terms of office of justices of the supreme court
serving on August 1, 1978, shall expire on the July 31 next preceding
the first Monday in January on which such terms would otherwise have
expired, but such advancement of the date of term expiration shall not
impair any retirement rights vested in any such justice if the term had
expired on the first Monday in January.
[1975
J.R. 13, 1977 J.R. 7, vote April 1977; 1979 J.R. 36, 1981 J.R. 29, vote
Nov. 1982] |