1 09−10 Wis. Stats. WISCONSIN CONSTITUTION WISCONSIN CONSTITUTION UPDATED THROUGH OCTOBER 31, 2010. PREAMBLE 19. Origin of bills. ARTICLE I. 20. Yeas and nays. 21. Repealed. DECLARATION OF RIGHTS. 22. Powers of county boards. Section 23. Town and county government. 1. Equality; inherent rights. 23a. Chief executive officer to approve or veto resolu- 2. Slavery prohibited. tions or ordinances; proceedings on veto. 3. Free speech; libel. 24. Gambling. 4. Right to assemble and petition. 25. Stationery and printing. 5. Trial by jury; verdict in civil cases. 26. Extra compensation; salary change. 6. Excessive bail; cruel punishments. 27. Suits against state. 7. Rights of accused. 28. Oath of office. 8. Prosecutions; double jeopardy; self−incrimina- 29. Militia. tion; bail; habeas corpus. 30. Elections by legislature. 9. Remedy for wrongs. 31. Special and private laws prohibited. 9m. Victims of crime. 32. General laws on enumerated subjects. 10. Treason. 33. Auditing of state accounts. 11. Searches and seizures. 34. Continuity of civil government. 12. Attainder; ex post facto; contracts. 13. Private property for public use. ARTICLE V. 14. Feudal tenures; leases; alienation. EXECUTIVE. 15. Equal property rights for aliens and citizens. Section 16. Imprisonment for debt. 1. Governor; lieutenant governor; term. 17. Exemption of property of debtors. 1m. Repealed. 18. Freedom of worship; liberty of conscience; state 1n. Repealed. religion; public funds. 2. Eligibility. 19. Religious tests prohibited. 3. Election. 20. Military subordinate to civil power. 4. Powers and duties. 21. Rights of suitors. 5. Repealed. 22. Maintenance of free government. 6. Pardoning power. 23. Transportation of school children. 7. Lieutenant governor, when governor. 24. Use of school buildings. 8. Secretary of state, when governor. 25. Right to keep and bear arms. 9. Repealed. 26. Right to fish, hunt, trap, and take game. 10. Governor to approve or veto bills; proceedings on ARTICLE II. veto. BOUNDARIES. ARTICLE VI. Section ADMINISTRATIVE. 1. State boundary. Section 2. Enabling act accepted. 1. Election of secretary of state, treasurer and attor- ARTICLE III. ney general; term. SUFFRAGE. 1m. Repealed. Section 1n. Repealed. 1. Electors. 1p. Repealed. 2. Implementation. 2. Secretary of state; duties, compensation. 3. Secret ballot. 3. Treasurer and attorney general; duties, compensation. 4. Repealed. 4. County officers; election, terms, removal; vacancies. 5. Repealed. ARTICLE VII. 6. Repealed. JUDICIARY. ARTICLE IV. Section LEGISLATIVE. 1. Impeachment; trial. Section 2. Court system. 1. Legislative power. 3. Supreme court: jurisdiction. 2. Legislature, how constituted. 4. Supreme court: election, chief justice, court system 3. Apportionment. administration. 4. Representatives to the assembly, how chosen. 5. Court of appeals. 5. Senators, how chosen. 6. Circuit court: boundaries. 6. Qualifications of legislators. 7. Circuit court: election. 7. Organization of legislature; quorum; compulsory 8. Circuit court: jurisdiction. attendance. 9. Judicial elections, vacancies. 8. Rules; contempts; expulsion. 10. Judges: eligibility to office. 9. Officers. 11. Disciplinary proceedings. 10. Journals; open doors; adjournments. 12. Clerks of circuit and supreme courts. 11. Meeting of legislature. 13. Justices and judges: removal by address. 12. Ineligibility of legislators to office. 14. Municipal court. 13. Ineligibility of federal officers. 15. Repealed. 14. Filling vacancies. 16. Repealed. 15. Exemption from arrest and civil process. 17. Repealed. 16. Privilege in debate. 18. Repealed. 17. Enactment of laws. 19. Repealed. 18. Title of private bills. 20. Repealed. Wisconsin Constitution updated by the Legislative Reference Bureau. Published August 25, 2015. Click for the Coverage of Annotations for the Annotated Constitution. Report errors at (608) 266−3561, FAX 264−6948. Published August 25, 2015. ART. I, §1, WISCONSIN CONSTITUTION 09−10 Wis. Stats. 2 21. Repealed. 3a. Acquisition of lands by state and subdivisions; sale 22. Repealed. of excess. 23. Repealed. 4. General banking law. 24. Justices and judges: eligibility for office; retirement. 5. Repealed. ARTICLE VIII. ARTICLE XII. FINANCE. AMENDMENTS. Section Section 1. Rule of taxation uniform; income, privilege and 1. Constitutional amendments. occupation taxes. 2. Constitutional conventions. 2. Appropriation; limitation. ARTICLE XIII. 3. Credit of state. MISCELLANEOUS PROVISIONS. 4. Contracting state debts. Section 5. Annual tax levy to equal expenses. 1. Political year; elections. 6. Public debt for extraordinary expense; taxation. 2. Repealed. 7. Public debt for public defense; bonding for public 3. Eligibility to office. purposes. 4. Great seal. 8. Vote on fiscal bills; quorum. 5. Repealed. 9. Evidences of public debt. 6. Legislative officers. 10. Internal improvements. 7. Division of counties. ARTICLE IX. 8. Removal of county seats. EMINENT DOMAIN AND PROPERTY OF THE STATE. 9. Election or appointment of statutory officers. Section 10. Vacancies in office. 1. Jurisdiction on rivers and lakes; navigable waters. 11. Passes, franks and privileges. 2. Territorial property. 12. Recall of elective officers. 3. Ultimate property in lands; escheats. 13. Marriage. ARTICLE X. ARTICLE XIV. EDUCATION. SCHEDULE. Section Section 1. Superintendent of public instruction. 1. Effect of change from territory to state. 2. School fund created; income applied. 2. Territorial laws continued. 3. District schools; tuition; sectarian instruction; 3. Repealed. released time. 4. Repealed. 4. Annual school tax 5. Repealed. 5. Income of school fund. 6. Repealed. 6. State university; support. 7. Repealed. 7. Commissioners of public lands. 8. Repealed. 8. Sale of public lands. 9. Repealed. 10. Repealed. ARTICLE XI. 11. Repealed. CORPORATIONS. 12. Repealed. Section 13. Common law continued in force. 1. Corporations; how formed. 14. Repealed. 2. Property taken by municipality. 15. Repealed. 3. Municipal home rule; debt limit; tax to pay debt. 16. Implementing revised structure of judicial branch. Note: An index to the Wisconsin Constitution follows. The general index tionally deny protection. Hortonville Education Association v. Joint School Dis- contains references to the Wisconsin Constitution under the head “Constitu- trict No. 1, 66 Wis. 2d 469, 225 N.W.2d 658. tion, Wisconsin.” The statutory distinction between parolees out of state under s. 57.13 [now s. 304.13] and absconding parolees, denying extradition to the former but not the lat- ter, is a constitutionally valid classification. State ex rel. Niederer v. Cady, 72 Wis. PREAMBLE 2d 311, 240 N.W.2d 626. In order for a female prostitute to avoid prosecution upon equal protection We, the people of Wisconsin, grateful to Almighty God for grounds, it must be shown that the failure to prosecute male patrons was selective, our freedom, in order to secure its blessings, form a more perfect persistent, discriminatory, and without justifiable prosecutorial discretion. State v. government, insure domestic tranquility and promote the gen- Johnson, 74 Wis. 2d 169, 246 N.W.2d 503. Equal protection does not require symmetry in probation and parole systems. eral welfare, do establish this constitution. State v. Aderhold, 91 Wis. 2d 306, 284 N.W.2d 108 (Ct. App. 1979). The Making of the Wisconsin Constitution. Rainey. Wis. Law. Sept. 1992. Discriminatory prosecution is discussed. Sears v. State, 94 Wis. 2d 128, 287 N.W.2d 785 (1980). A gender−based rule must serve important governmental objectives and the ARTICLE I. means employed must be substantially related to the achievement of those objec- tives. The common law doctrine of necessaries does not deny equal protection. Marshfield Clinic v. Discher, 105 Wis. 2d 506, 314 N.W.2d 326 (1982). DECLARATION OF RIGHTS It does not violate equal protection to classify employees according to retirement date for purposes of pension benefits. Bence v. Milwaukee, 107 Wis. 2d 469, 320 N.W.2d 199 (1982). Equality; inherent rights. SECTION 1. [As amended Nov. A grandfather clause granting a perpetual exception from police power regula- tion for certain persons for purely economic reasons denied equal protection. Wis- 1982 and April 1986] All people are born equally free and inde- consin Wine & Spirit Institute v. Ley, 141 Wis. 2d 958, 416 N.W.2d 914 (Ct. App. pendent, and have certain inherent rights; among these are life, 1987). liberty and the pursuit of happiness; to secure these rights, gov- A prostitution raid focusing only on female participants amounts to selective prosecution in violation of equal protection. State v. McCollum, 159 Wis. 2d 184, ernments are instituted, deriving their just powers from the con- 464 N.W.2d 44 (Ct. App. 1990). sent of the governed. [1979 J.R. 36, 1981 J.R. 29, vote Nov. A prisoner who is a defendant in a civil tort action is entitled to a meaningful 1982; 1983 J.R. 40, 1985 J.R. 21, vote April 1986] opportunity to be heard. If no liberty interest is at stake there is no constitutional right to appointed counsel, and there is a rebuttable presumption against such EQUAL PROTECTION appointment. Piper v. Popp, 167 Wis. 2d 633, 482 N.W.2d 353 (1992). The fact that there is no mandatory release date for persons convicted of 1st A nonlawyer may not sign and file a notice of appeal on behalf of a corporation. degree murder as there is for other crimes does not amount to denial of equal protec- To do so constitutes practicing law without a license in violation of s. 757.30 and tion. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46. voids the