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Blistnnsin ~Riefs from the Reference Bureau Legislative ;Blistnnsin ~riefs from the Reference Bureau Brief 79-3 April 1979 CONSTITUTIONAL AMENDMENT TO BE CONSIDERED BY THE WISCONSIN ELECTORATE APRIL 3, 1979 I. INTRODUCTION Only one proposed amendment to the Wisconsin Constitution will be submitted to the Wisconsin electorate for ratification at the election on April 3, 1979. This constitutional amendment, appearing on the ballot in the form of four questions, provides for gubernatorial succession, filling a vacancy in the office of lieutenant governor, selection of the Senate's presiding officer from among the members of the Senate, and a revision of several constitutional sections to make the text more understandable. Amending the Wisconsin Constitution requires the adoption of a proposed amendment by two successive sessions of the legislature and ratification of an amendment by the voters. A proposed amendment is introduced in the legislature in the form of a joint resolution. This step is called "first consideration". If the joint resolution is adopted by both houses, a new joint resolution embodying an identical text may be introduced on "second consideration" in the following session of the legislature. Joint resolutions are not submitted to the governor for approval. Sections Affected Joint Resolutions Subject Art. IV, Sec, 9; Art. Proposed by 1977 SJR Provides for gubernatorial V, Secs. 1,1m,1n, 7 51 (Enrolled JR 32) succession, filling a and 8; Art. VI, Secs. (1st Consideration); vacancy in the off ice 1, 1m, 1n, and 1p; Art. 19 7 9 SJR 1 (Enrolled of lieutenant governor, XIII, Sec. 10 JR 3) (2nd Consider­ selection of Senate's ation) presiding officer, and miscellaneous revisions to clarify the text. II. BALLOT QUESTIONS The proposition, in its four parts, will appear on the ballot in the following questions: Gubernatorial succession. Shall sections 7 and 8 (except the first sentence thereof) of article V of the constitution be amended so that the lieutenant governor, or the secretary of state if there is a vacancy in the office of lieutenant governor, succeeds to the office of governor as "governor" whenever there is a permanent vacancy, but continues to serve in the office as "acting governor" wherever the vacancy is temporary? Lieutenant governor vacancy. Shall section 10 of article XIII of the constitution be amended so that, whenever there is a vacancy in the office of lieutenant governor, ti)e successor nominated by the governor requires confirmation by the state senate and assembly before assuming the duties· of the office? Senate presiding officer. Shall section 9 of article IV of the constitution be amended, and shall the first sentence of section 8 of article V of the constitution be repealed, to eliminate the lieutenant governor's function as senate presiding officer and to permit the state senate, instead, to select its presiding officer from among its members? Making the 4-year terms understandable. Shall section I of article V and section l of article VI of the constitution be amended, and shall sections Im and ln of article V and sections Im, In, and Ip of Prepared by Gary A. Watchke, Research Analyst. - 2 - LRB-79-WB-3 article VI of the constitution be repealed, to make il more understandable that constitutional officers in this state have been elected to 4-year terms since 1970? III. ANALYSIS BY THE WISCONSIN LEGISLATIVE REFERENCE BUREAU The following analysis appeared in l 979 SJR I: This constitutional amendment, to be given 2nd consideration by the 1979 legislature for April l 979 submittal to the voters, provides for: (I) Gubernatorial succession. (2) Filling a vacancy in the office of lieutenant governor. (3) Selecting the senate's presiding officer from among the members of the senate. ( 4) Revision of section I of article V and section I of article VI to make the text more understandable. A. Gubernatorial Succession Since 1848, the state constitution has provided that the powers and duties of the office of governor "shall devolve upon the lieutenant governor" when the person elected governor is unavailable. It does not distinguish between temporary and permanent vacancies. Orland S. Loomis died in December 1942 after his election to the governor's office; in January 1943 Walter S. Goodland, elected lieutenant governor, took the oath of office as lieutenant governor and served the entire term as "acting governor". Governor Patrick J. Lucey resigned in the summer of 1977 to become U.S. ambassador to Mexico; Lieutenant Governor Martin J. Schreiber served the balance of Lucey's term as "acting governor". When there is a permanent vacancy in the position of governor as the result of death, resignation or removal from office, this proposed constitutional amendment provides that the lieutenant governor succeeds to the position of "governor" [this creates a vacancy in the office of It. gov.; see below] . When there is a temporary vacancy in the position of governor as the result of absence from the state, impeachment, or inability to perform the duties of the office as the result of mental or physical disease, this constitutional amendment provides that the lieutenant governor assumes the powers and duties of the office as "acting governor". Similarly, this constitutional amendment provides that when a permanent vacancy occurs in the office of governor while there is a vacancy in the office of lieutenant governor, the secretary of state becomes "governor", but when such vacancy is temporary the secretary of state serves as Hacting governor". B. Lieutenant Governor Vacancy The state constitution has, since 1848, directed the legislature to determine, by law, what constitutes a "vacancy" in any office and how such vacancy is to be filled (for the general law on vacancies and the filling of vacancies, see chapter 17 of the statutes). Sec. 17.19 (4) provides that vacancies in statewide elective offices are filled by appointment by the governor until a successor can be chosen through election, but does not mention the position of lieutenant governor. When Lieutenant Governor Henry A. Gunderson resigned in 1937, Governor Philip F. La Follette appointed Herman L. Ekern to.fill the vacancy, and the governor's right to do so was upheld by the state supreme court in "State ex rel. Martin v. Ekern", 228 Wis. 645. This constitutional amendment provides that, when there is a vacancy in the position of lieutenant governor, the governor is to nominate a successor to serve for the balance of the unexpired term, but the person so nominated cannot take office until the appointment has been confirmed by both the senate and the assembly. C. Senate Presiding Officer Unlike the assembly, the senate of the Wisconsin legislature does not select its presiding officer from among its members. Instead, it elects one of the senators "temporary president" (president pro tempore) to preside over the senate when the lieutenant governor -identified by the constitution as the senate's presiding officer -is unavailable. Specifically, the constitution already requires the president pro tern. to preside over the senate when the lieutenant governor serves as acting governor. This constitutional amendment eliminates the lieutenant governor's role as senate presiding officer. Instead, the senate will elect its presiding officers, including the president of the senate, from among its own members. LRB-79-WB-3 - 3 - D. Revision of V-1 and VI-I In prescribing the method by which it may be amended, the state constitution requires that when more than one amendment is submitted to the people at a single election, "they shall be submitted in such manner that the people may vote for or against such amendment separately". In the election of April 1967, this required separate submission of the questions granting 4-year terms to the governor, lieutenant governor, secretary of state, state treasurer and attorney general; in each instance, the people voted "yes". However, the result is that the constitution -in section I of article V and in section I of article VI - still speaks of terms of office of "two years", while ~ach specific office is then granted a 4-year term as an exception to the general rule. This constitutional amendment makes the text more understandable by incorporating the 4-year term into the general rule, and deleting the 5 exceptions. IV. TEXT (NOTE: Scored material would be added; stricken material would be deleted.) [Article IV] Section 9. Each house shall choose its ewn presiding officers, a11a th• so11ato sliall sheeso a t•m!lerary !lFOSiao11t whon tho lieuto11a11t gevorner shall net attona as !lFesiaont, er shall ast as geverner from its own members. [Article VJ Section 1. The executive power shall be vested in a governor, who shall holdhls office for twe :[years; a lieutenant governor shall be elected at the same time, and for the same term. [Article VJ Section Im. Netwithsta11ai11g soetien I, beginning with the goneral olostien in 1970 ana oYory fel!f years thoroaftor, thoro shall eo oloetoe a geverner te hale effiee fer a torm ef fellF yoars. Section In. Netwithstanaing soetien I, bogi1111ing with tho genoral oleetien in 1970 a11e ovory feur yoars thereaftor, thore shall be oleetoa a lioutoHant gevorner te hel<I effiee fer a term ef feur yoars. [Article VJ Section 7. In easo ef tho impeashme11t ef (1) Upon the governor's death, resignation or removal from office, the lieutenant governor shall become governor for the balance of the unexpired term. ilL1f the governor, er his romeval frem effiso, death, i11aliility is absent from this state, impeached, or from mental or physical disease, rosig11atien, er absonee frem the state, tho powers ana becomes incapable of performing the duties of the office shall aeye)ve upen, the lieutenant governor shall serve as acting governor for the resieu.. balance of the unexpired term or until the governor, abse11t er iml'eaehed, shall hw1e returned er returns, the disability shall eease ceases or the impeachment is vacated.
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