2023 - 2024 LEGISLATURE
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2023 ASSEMBLY JOINT RESOLUTION 77
September 29, 2023 - Introduced by Representatives AUGUST, BODDEN, SORTWELL,
DITTRICH, ALLEN, STEFFEN, PLUMER, HURD, MAXEY, O'CONNOR, RETTINGER,
SCHUTT, ARMSTRONG, MAGNAFICI, MICHALSKI, NEDWESKI, SNYDER, PETERSEN,
ROZAR, GUNDRUM, BEHNKE, MURSAU, PENTERMAN, SWEARINGEN, EDMING,
MURPHY, BROOKS, BINSFELD, CALLAHAN, GREEN, SUMMERFIELD, MOSES,
DONOVAN, DALLMAN, SCHMIDT, GOEBEN, WITTKE, DUCHOW, MELOTIK, S. JOHNSON,
BRANDTJEN, BORN and GUSTAFSON, cosponsored by Senators WIMBERGER,
WANGGAARD, NASS, STROEBEL, FEYEN, BALLWEG, TESTIN, MARKLEIN, COWLES,
FELZKOWSKI, TOMCZYK, STAFSHOLT and CABRAL-GUEVARA. Referred to
Committee on Campaigns and Elections.
1 To create section 7 of article III of the constitution; relating to: prohibiting state
2 and local governments from using privately sourced moneys or equipment in
3 connection with the conduct of elections and specifying who may perform tasks
4 related to the conduct of an election (second consideration).
Analysis by the Legislative Reference Bureau
EXPLANATION OF PROPOSAL
This proposed constitutional amendment, to be given second consideration by
the 2023 legislature for submittal to the voters in April 2024, was first considered by
the 2021 legislature in 2021 Senate Joint Resolution 101, which became 2021
Enrolled Joint Resolution 17.
This constitutional amendment provides that no state agency or officer or
employee in state government and no political subdivision of the state or officer or
employee of a political subdivision may apply for, accept, expend, or use any moneys
or equipment in connection with the conduct of any primary, election, or referendum
if the moneys or equipment are donated or granted by an individual or
nongovernmental entity. The constitutional amendment also prohibits any
individual other than an election official designated by law from performing any task
in the conduct of any primary, election, or referendum.
PROCEDURE FOR SECOND CONSIDERATION
When a proposed constitutional amendment is before the legislature on second
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consideration, any change in the text approved by the preceding legislature causes
the proposed constitutional amendment to revert to first consideration status so that
second consideration approval would have to be given by the next legislature before
the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on second
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
1 Whereas, the 2021 legislature in regular session considered a proposed
2 amendment to the constitution in 2021 Senate Joint Resolution 101, which became
3 2021 Enrolled Joint Resolution 17, and agreed to it by a majority of the members
4 elected to each of the two houses, which proposed amendment reads as follows:
SECTION 1. Section 7 of article III of the constitution is created to
read:
[Article III] Section 7 (1) No state agency or officer or employee in
state government and no political subdivision of the state or officer or
employee of a political subdivision may apply for, accept, expend, or use
any moneys or equipment in connection with the conduct of any primary,
election, or referendum if the moneys or equipment are donated or granted
by an individual or nongovernmental entity.
(2) No individual other than an election official designated by law
may perform any task in the conduct of any primary, election, or
referendum.
SECTION 2. Numbering of new provision. If another
constitutional amendment ratified by the people creates the number of
any provision created in this joint resolution, the chief of the legislative
reference bureau shall determine the sequencing and the numbering of
the provisions whose numbers conflict.
5 Now, therefore, be it resolved by the assembly, the senate concurring,
6 That the foregoing proposed amendment to the constitution is agreed to by the 2023
7 legislature; and, be it further
8 Resolved, That the foregoing proposed amendment to the constitution be
9 submitted to a vote of the people at the election to be held on the first Tuesday of April
10 2024; and, be it further
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SECTION 2
1 Resolved, That the questions concerning ratification of the foregoing proposed
2 amendment to the constitution be stated on the ballot as follows:
3 QUESTION 1: “Use of private funds in election administration. Shall
4 section 7 (1) of article III of the constitution be created to provide that private
5 donations and grants may not be applied for, accepted, expended, or used in
6 connection with the conduct of any primary, election, or referendum?"
7 QUESTION 2: “Election officials. Shall section 7 (2) of article III of the
8 constitution be created to provide that only election officials designated by law may
9 perform tasks in the conduct of primaries, elections, and referendums?"
10 (END)