LRB-2003/1

SRM : kjf : jf

2013 - 2014 LEGISLATURE

April 18, 2013 - Introduced by Senators Harsdorf , Olsen , Schultz and Tiffany ,

cosponsored by Representatives Steineke , Ballweg , Born , Brooks , Craig ,

Czaja , Endsley , Honadel , Jacque , Jagler , Kapenga , Kaufert , Kleefisch ,

Knodl , T. Larson , Marklein , A. Ott , Petersen , Petryk , Sanfelippo ,

Severson , Spiros , Strachota , Tittl and Weatherston . Referred to Elections

and Urban Affairs.

SJR24,1,4 1 To renumber section 9 of article IV; to amend section 12 (intro.) of article XIII and

2 section 12 (2) of article XIII; and to create section 9 (2) of article IV of the

3 constitution; relating to: recall of elective officers and a code of ethics for

4 government officials (first consideration). section 9 of article IV;section 12 (intro.) of article XIII andsection 12 (2) of article XIII; andsection 9 (2) of article IV of theconstitution;

Analysis by the Legislative Reference Bureau

This constitutional amendment, proposed to the 2013 legislature on first

consideration, limits the grounds for the recall of an incumbent congressional,

judicial, or legislative elective officer or any county elective officer specified in the

Wisconsin Constitution (elective officer). Currently, a petition for recall may be filed

with the officer who receives the nomination petition to the elective office in the

primary (filing officer), and need not demonstrate any grounds for the recall of an

elective officer. Under this amendment, an elective officer may be recalled only if he

or she has been charged with a serious crime or if a finding of probable cause has been

made that he or she violated the state code of ethics.

The amendment further requires the filing officer to determine, before a recall

election is scheduled, that the petition for recall demonstrates sufficient grounds for

recalling the elective officer.

The amendment also requires the legislature to establish a code of ethics for

government officials and a board to administer the code.

A proposed constitutional amendment requires adoption by two successive

legislatures, and ratification by the people, before it becomes effective.

SJR24,2,1 1 Resolved by the senate , the assembly concurring, That:

SJR24,1 2 Section 1 . Section 12 (intro.) of article XIII of the constitution is amended to

3 read: Section 12 (intro.) of article XIII of the constitution is amended toread:

SJR24,2,11 4 [Article XIII] Section 12 (intro.) The qualified electors of the state, of any

5 congressional, judicial or legislative district or of any county may petition for the

6 recall of any incumbent elective officer after the first year of the term for which the

7 incumbent was elected, if the officer has been charged with a crime punishable by

8 imprisonment of one year or more, or against whom a finding of probable cause of

9 violation of the state code of ethics has been made, by filing a petition with the filing

10 officer with whom the nomination petition to the office in the primary is filed,

11 demanding the recall of the incumbent. [Article XIII] Section 12 (intro.) The qualified electors of the state, of anycongressional, judicial or legislative district or of any county may petition for therecall of any incumbent elective officer after the first year of the term for which theincumbent was elected,by filing a petition with the filingofficer with whom the nomination petition to the office in the primary is filed,demanding the recall of the incumbent.

SJR24,2 12 Section 2 . Section 12 (2) of article XIII of the constitution is amended to read: Section 12 (2) of article XIII of the constitution is amended to read:

SJR24,2,17 13 [Article XIII] Section 12 (2) The If the filing officer with whom the recall petition

14 is filed determines that the petition sufficiently demonstrates the grounds for recall,

15 the filing officer with whom the recall petition is filed shall call a recall election for

16 the Tuesday of the 6th week after the date of filing the petition or, if that Tuesday is

17 a legal holiday, on the first day after that Tuesday which is not a legal holiday. [Article XIII] Section 12 (2)filing officer with whom the recall petition is filed shall call a recall election forthe Tuesday of the 6th week after the date of filing the petition or, if that Tuesday isa legal holiday, on the first day after that Tuesday which is not a legal holiday.

SJR24,3 18 Section 3 . Section 9 of article IV of the constitution is renumbered section 9

19 (1) of article IV. Section 9 of article IV of the constitution is renumbered section 9(1) of article IV.

SJR24,4 20 Section 4 . Section 9 (2) of article IV of the constitution is created to read: Section 9 (2) of article IV of the constitution is created to read:

SJR24,2,23 21 [Article IV] Section 9 (2) The legislature shall provide by law for the

22 establishment of a code of ethics for government officials and the establishment of

23 a board to administer the code. [Article IV] Section 9 (2) The legislature shall provide by law for theestablishment of a code of ethics for government officials and the establishment ofa board to administer the code.

SJR24,5 1 Section 5 . Numbering of new provision. If another constitutional

2 amendment ratified by the people creates the number of any provision created in this

3 joint resolution, the chief of the legislative reference bureau shall determine the

4 sequencing and the numbering of the provisions whose numbers conflict. If another constitutionalamendment ratified by the people creates the number of any provision created in thisjoint resolution, the chief of the legislative reference bureau shall determine thesequencing and the numbering of the provisions whose numbers conflict.