LRB-0180/1
PJD:kmg:pg
2003 - 2004 LEGISLATURE
February 5, 2003 - Introduced by Representatives Ziegelbauer, Ainsworth, Krug
and Underheim. Referred to Committee on Campaigns and Elections.
AJR15,1,51
To amend so as in effect
to repeal section 4 (1), (2), (3) (c) and (4) to (6) of article VI;
2to amend section 12 of article VII and section 9 of article XIII; and
to create
3section 9 (3) of article XIII and section 17 of article XIV of the constitution;
4relating to: appointment of county officers and vacancies in county and
5judicial circuit offices (first consideration).
Analysis by the Legislative Reference Bureau
current
Currently, the constitution provides for the election every 4 years of county
sheriffs, and the election every 2 years of clerks of circuit court, registers of deeds,
district attorneys, and, unless a county appoints a medical examiner, coroners.
Under current statutes, county clerks and treasurers, and surveyors unless a county
appoints a surveyor, are also elected every 2 years, except that the constitution
abolishes the offices of coroner and surveyor in counties having a population of
500,000 or more. These elected officers are elected on a partisan ballot in November
of even-numbered years and take office the next January.
PROPOSED
This proposed constitutional amendment, proposed to the 2003 legislature on
first consideration, permits counties to elect or appoint sheriffs, district attorneys,
county clerks, treasurers, registers of deeds, coroners, surveyors, and clerks of circuit
court, and other county officers, except county chief executive offices, county
supervisors, and judges. A change by the county board from elected to appointive,
or from appointive to elective, does not take effect unless the change is approved by
the county voters at a referendum.
Vacancies
Currently, a vacancy in the office of sheriff, coroner, register of deeds, or district
attorney is filled by appointment as required by the constitution. The constitution
provides that the appointment of a sheriff is made by the governor. The statutes
provide that the appointment of the coroner, register of deeds, and district attorney
is made by the governor. A vacancy in the office of surveyor, county clerk, or treasurer
is filled by appointment of the county board under current statute law and a vacancy
in the office of clerk of circuit court is filled under the constitution by "the judge of
the circuit court."
This joint resolution provides that the appointments are made by the county
chief executive officer, if the office exists, or by the county board, if the office of county
chief executive office does not exist.
ADOPTION AND RATIFICATION
A constitutional amendment requires adoption by 2 successive legislatures,
and ratification by the people, before it can become effective.
AJR15,2,1
1Resolved by the assembly, the senate concurring, That:
AJR15, s. 1
2Section
1. Section 4 (1), (2), (3) (c) and (4) to (6) of article VI of the constitution
3are amended so as in effect to repeal said provisions:
AJR15,2,74
[Article VI] Section 4 (1)
Except as provided in sub. (2), coroners, registers of
5deeds, district attorneys, and all other elected county officers except judicial officers,
6sheriffs and chief executive officers, shall be chosen by the electors of the respective
7counties once in every 2 years.
AJR15,2,128
(2)
The offices of coroner and surveyor in counties having a population of
9500,000 or more are abolished. Counties not having a population of 500,000 shall
10have the option of retaining the elective office of coroner or instituting a medical
11examiner system. Two or more counties may institute a joint medical examiner
12system.
AJR15,3,3
1(3) (c)
Beginning with the first general election at which the governor is elected
2which occurs after the ratification of this paragraph, sheriffs shall be chosen by the
3electors of the respective counties once in every 4 years.
AJR15,3,5
4(4)
The governor may remove any elected county officer mentioned in this
5section, giving to the officer a copy of the charges and an opportunity of being heard.
AJR15,3,9
6(5)
All vacancies in the offices of coroner, register of deeds or district attorney
7shall be filled by appointment. The person appointed to fill a vacancy shall hold office
8only for the unexpired portion of the term to which appointed and until a successor
9shall be elected and qualified.
AJR15,3,1210
(6)
When a vacancy occurs in the office of sheriff, the vacancy shall be filled by
11appointment of the governor, and the person appointed shall serve until his or her
12successor is elected and qualified.
AJR15, s. 2
13Section
2. Section 12 of article VII of the constitution is amended to read:
AJR15,3,2114
[Article VII] Section 12.
There shall be a clerk of the circuit court chosen in each
15county organized for judicial purposes by the qualified electors thereof, who shall
16hold his office for two years, subject to removal as shall be provided by law; in case
17of a vacancy, the judge of the circuit court shall have power to appoint a clerk until
18the vacancy shall be filled by an election; the clerk thus elected or appointed shall
19give such security as the legislature may require. The supreme court shall appoint
20its own clerk, and a clerk of the circuit court may be appointed a clerk of the supreme
21court.
AJR15, s. 3
22Section
3. Section 9 of article XIII of the constitution is amended to read:
AJR15,4,723
[Article XIII] Section 9
(1) All county officers
, except county supervisors, whose
24election or appointment is not provided for by this constitution
after the ratification
25of this subsection shall be elected by the electors of the respective counties, or
1appointed by the
chief county executive officers, if that office exists in the county, or
2the boards of supervisors,
or other county authorities if the office of chief county
3executive officer does not exist in the county, as the
legislature county board of the
4respective counties shall direct.
A change by the county board from an elected to
5appointive office, or from an appointive to elective office, does not take effect without
6submitting the question to a vote of the people of the county, nor unless a majority
7of all of the legal voters of the county voting on the question shall vote for the same.
AJR15,4,12
8(2) All city, town
, and village officers whose election or appointment is not
9provided for by this constitution
after the ratification of this subsection shall be
10elected by the electors of such cities, towns
, and villages, or of some division thereof,
11or appointed by such authorities thereof
, as the legislature shall designate for that
12purpose.
AJR15,4,16
13(4) All other officers whose election or appointment is not provided for by this
14constitution
, and after the ratification of this subsection, except all officers whose
15offices
may hereafter be are created by law
after the ratification of this subsection,
16shall be elected by the people or appointed, as the legislature may direct.
AJR15, s. 4
17Section
4. Section 9 (3) of article XIII of the constitution is created to read:
AJR15,4,2218
[Article XIII] Section 9 (3) All officers whose offices are created by law after the
19ratification of this subsection shall be elected by the people, if required by this
20constitution to be elected by the people, or, if not required by this constitution to be
21elected by the people, elected or appointed, as provided in subsection (1), for county
22officers, or as the legislature may direct, for other officers.
AJR15, s. 5
23Section
5. Section 17 of article XIV of the constitution is created to read:
AJR15,5,224
[Article XIV] Section 17. The terms of office of sheriffs, district attorneys,
25county clerks, treasurers, registers of deeds, coroners, surveyors, and clerks of circuit
1court elected before this amendment takes effect expire at the end of the term for
2which elected.
AJR15, s. 6
3Section
6. Numbering of new provisions. (1) The new subsection (3) of
4section 9 of article XIII of the constitution created in this joint resolution shall be
5designated by the next higher open whole subsection number in that section in that
6article if, before the ratification by the people of the amendment proposed in this joint
7resolution, any other ratified amendment has created a subsection (3) of section 9 of
8article XIII of the constitution of this state. If one or more joint resolutions create
9a subsection (3) of section 9 of article XIII simultaneously with the ratification by the
10people of the amendment proposed in this joint resolution, the subsections created
11shall be numbered and placed in a sequence so that the subsections created by the
12joint resolution having the lowest enrolled joint resolution number have the numbers
13designated in that joint resolution and the subsections created by the other joint
14resolutions have numbers that are in the same ascending order as are the numbers
15of the enrolled joint resolutions creating the subsections.
AJR15,6,216
(2) The new section 17 of article XIV of the constitution created in this joint
17resolution shall be designated by the next higher open whole section number in that
18article if, before the ratification by the people of the amendment proposed in this joint
19resolution, any other ratified amendment has created a section 17 of article XIV of
20the constitution of this state. If one or more joint resolutions create a section 17 of
21article XIV simultaneously with the ratification by the people of the amendment
22proposed in this joint resolution, the sections created shall be numbered and placed
23in a sequence so that the sections created by the joint resolution having the lowest
24enrolled joint resolution number have the numbers designated in that joint
25resolution and the sections created by the other joint resolutions have numbers that
1are in the same ascending order as are the numbers of the enrolled joint resolutions
2creating the sections.
AJR15,6,5
3Be it further resolved, That this proposed amendment be referred to the
4legislature to be chosen at the next general election and that it be published for 3
5months previous to the time of holding such election.
