Article IV, Wisconsin Constitution

Wisconsin Constitution
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Article IV of the Wisconsin Constitution is entitled Legislative and consists of 35 sections.

Section 1

	Text of Section 1: Legislative Power The legislative power shall be vested in a senate and assembly.

Section 2

	Text of Section 1: Legislature, How Constituted 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.

Section 3

	Text of Section 3: Apportionment 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.

Section 4

Text of Section 4: Representatives to the Assembly, How Chosen 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.

Section 5

Text of Section 5: Senators, How Chosen 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.

Section 6

	Text of Section 6: Qualifications of Legislators 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.

Section 7

Text of Section 7: Organization of Legislature; Quorum; Compulsory Attendance 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.

Section 8

	Text of Section 8: Rules; Contempts; Expulsion 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.

Section 9

	Text of Section 9: Officers Each house shall choose its presiding officers from its own members.

1977 J.R. 32, 1979 J.R. 3, vote April 1979.

Section 9(2)

	Text of Section 9(2): The legislature shall provide by law for the establishment of a department of transportation and a transportation fund.

Amendments

• Created by the approval of Wisconsin Transportation Fund Amendment, Question 1 (2014) on November 4, 2014.

Section 10

	Text of Section 10: Journals; Open Doors; Adjournments 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.

Section 11

	Text of Section 11: Meeting of Legislature 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.

Section 12

	Text of Section 12: Ineligibility of Legislators to Office 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.

Section 13

Text of Section 13: Ineligibility of Federal Officers 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.

Section 14

	Text of Section 14: Filling Vacancies The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

Section 15

	Text of Section 15: Exemption from Arrest and Civil Process 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.

Section 16

	Text of Section 16: Privilege in Debate No member of the legislature shall be liable in any civil action, or criminal prosecution whatever, for words spoken in debate.

Section 17

	Text of Section 17: Enactment of Laws (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.

Section 18

	Text of Section 18: Title of Private Bills 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.

Section 19

	Text of Section 19: Origin of Bills Any bill may originate in either house of the legislature, and a bill passed by one house may be amended by the other.

Section 20

	Text of Section 20: Yeas and Nays 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.

Section 21

	Text of Section 21: Compensation of Members

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.

Section 22

	Text of Section 22: Powers of County Boards 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.

Section 23

[As amended Nov. 1962, April 1969 and April 1972]

Text of Section 23: Town and County Government 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.

Section 23a

[As created Nov. 1962 and amended April 1969]

Text of Section 23a: Chief Executive Officer to Approve or Veto Resolutions or Ordinances; Proceedings on Veto 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.

Section 24

As amended April 1965, April 1973, April 1977, April 1987, April 1993 and April 1999.

Text of Section 24: Gambling (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.

Section 25

Text of Section 25: Stationery and Printing 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.

Section 26

As amended April 1956, April 1967, April 1974, April 1977 and April 1992.

Text of Section 26: Extra Compensation; Salary Change (1) 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.

Section 27

	Text of Section 27: Suits Against State The legislature shall direct by law in what manner and in what courts suits may be brought against the state.

Section 28

Text of Section 28: Oath of Office 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.

Section 29

	Text of Section 29: Militia 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.

Section 30

As amended Nov. 1982.

	Text of Section 30: Elections by Legislature All elections made by the legislature shall be by roll call vote entered in the journals.

1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.

Section 31

As created Nov. 1871 and amended Nov. 1892 and April 1993.

Text of Section 31: Special and Private Laws Prohibited 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.

Section 32

As created Nov. 1871 and amended April, 1993.

	Text of Section 32: General Laws on Enumerated Subjects 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.

Section 33

As created November 1946.

	Text of Section 33: Auditing of State Accounts 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.

Section 34

As created April 1961.

Text of Section 34: Continuity of Civil Government 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.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Wisconsin State Legislature, "Wisconsin Constitution"
• Wisconsin Historical Society, "Turning Points of Wisconsin History: The State Constitutions of 1846 and 1848"

Additional reading

• Stark, Jack. (2011). The Wisconsin State Constitution, New York, New York: Oxford University Press
• Janik, Erika. (2010). A Short History of Wisconsin, Madison, Wisconsin: Wisconsin Historical Society Press
• Stark, Jack. (1997). The Wisconsin State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Publishing