2023 - 2024 LEGISLATURE
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2023 SENATE JOINT RESOLUTION 71
September 29, 2023 - Introduced by Senators BRADLEY, NASS, BALLWEG,
FELZKOWSKI, JACQUE, JAGLER, MARKLEIN, QUINN, STAFSHOLT, STROEBEL, TESTIN,
TOMCZYK, WANGGAARD and CABRAL-GUEVARA, cosponsored by Representatives
AUGUST, GUSTAFSON, ALLEN, ARMSTRONG, BEHNKE, BINSFELD, BODDEN, BORN,
BRANDTJEN, BROOKS, CALLAHAN, DALLMAN, DITTRICH, DUCHOW, EDMING,
GOEBEN, GREEN, GUNDRUM, HURD, S. JOHNSON, MAGNAFICI, MAXEY, MELOTIK,
MICHALSKI, MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN,
PETERSEN, PLUMER, RETTINGER, ROZAR, SCHMIDT, SCHRAA, SCHUTT, SNYDER,
SUMMERFIELD, SWEARINGEN and WITTKE. Referred to Committee on Shared
Revenue, Elections and Consumer Protection.
1 To renumber and amend section 1 of article III; and to create section 1 (1) of article
2 III of the constitution; relating to: eligibility to vote in Wisconsin (second
3 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 November 2024, was first
considered by the 2021 legislature in 2021 Senate Joint Resolution 32, which became
2021 Enrolled Joint Resolution 13.
Currently, the constitution provides that every United States citizen age 18 or
older who is a resident of an election district in Wisconsin is a qualified elector of that
district. A qualified elector is an individual who is eligible to vote in Wisconsin,
subject to requirements established by law, such as voter registration.
This constitutional amendment specifies that only a United States citizen age
18 or older is a qualified elector and only such a qualified elector may vote in an
election for national, state, or local office or at a statewide or local referendum.
PROCEDURE FOR SECOND CONSIDERATION
When a proposed constitutional amendment is before the legislature on second
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
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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 32, which became
3 2021 Enrolled Joint Resolution 13, 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 1 of article III of the constitution is renumbered
section 1 (2) of article III and amended to read:
[Article III] Section 1 (2) Every Only a 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 who may vote in an election for national, state, or
local office or at a statewide or local referendum.
SECTION 2. Section 1 (1) of article III of the constitution is created
to read:
[Article III] Section 1 (1) In this section:
(a) “Local office" means any elective office other than a state or
national office.
(b) “National office" means the offices of president and vice president
of the United States, U.S. senator, and representative in congress.
(c) “Referendum" means an election at which an advisory,
validating, or ratifying question is submitted to the electorate.
(d) “State office" means the offices of governor, lieutenant governor,
secretary of state, state treasurer, attorney general, state superintendent
of public instruction, justice of the supreme court, court of appeals judge,
circuit court judge, state senator, state representative to the assembly,
and district attorney.
SECTION 3. 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 senate, the assembly concurring,
6 That the foregoing proposed amendment to the constitution is agreed to by the 2023
7 legislature; and, be it further
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SECTION 3
1 Resolved, That the foregoing proposed amendment to the constitution be
2 submitted to a vote of the people at the election to be held on the first Tuesday of
3 November, 2024; and, be it further
4 Resolved, That the question concerning ratification of the foregoing proposed
5 amendment to the constitution be stated on the ballot as follows:
6 QUESTION 1: “Eligibility to vote. Shall section 1 of article III of the
7 constitution, which deals with suffrage, be amended to provide that only a United
8 States citizen age 18 or older who resides in an election district may vote in an
9 election for national, state, or local office or at a statewide or local referendum?"
10 (END)