III,2(5)(5)Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
The requirement to present acceptable photo identification comes within the legislature’s authority to enact laws providing for the registration of electors under this section because acceptable photo identification is the mode by which election officials verify that a potential voter is the elector listed on the registration list. League of Women Voters of Wisconsin Education Network, Inc. v. Walker, 2014 WI 97, 357 Wis. 2d 360, 851 N.W.2d 302, 12-0584.
Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 U.S. 24, 94 S. Ct. 2655, 41 L. Ed. 2d 551 (1974).
Even rational restrictions on the right to vote are invidious if they are unrelated to voter qualifications. However evenhanded restrictions that protect the integrity and reliability of the electoral process itself are not invidious. An Indiana statute requiring citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government did not violate constitutional standards. Crawford v. Marion County Election Board, 553 U.S. 181, 128 S. Ct. 1610, 170 L. Ed. 2d 574 (2008).
III,3Secret ballot. Section 3. [Repealed April 1986; as created April 1986] All votes shall be by secret ballot. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
III,4Residence saved. Section 4. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
III,5Military stationing does not confer residence. Section 5. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
III,6Exclusion from suffrage. Section 6. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
III,7Private donations and grants; designated election officials. Section 7. [As created April 2024]
III,7(1)(1)No state agency or officer or employee in state government and no political subdivision of the state or officer or employee of a political subdivision may apply for, accept, expend, or use any moneys or equipment in connection with the conduct of any primary, election, or referendum if the moneys or equipment are donated or granted by an individual or nongovernmental entity.
III,7(2)(2) No individual other than an election official designated by law may perform any task in the conduct of any primary, election, or referendum. [2021 J.R. 17, 2023 J.R. 10, vote April 2024]
An “election official designated by law” is synonymous with “election official,” as defined in s. 5.02 (4e), and includes village clerks, municipal clerks, county clerks, municipal and county boards of canvassers, and school district clerks. OAG 1-24.
A “task in the conduct of any primary, election, or referendum” refers to work in directing or leading the administration of an election. Sub. (2) does not apply to more ordinary circumstances in which an election official works with or is assisted by non-election officials in ensuring the proper administration of an election, such as work with vendors on the layout and printing of ballots, information technology personnel on software and hardware security, law enforcement personnel on ballot transport, or employees or volunteers assisting with mailings or other clerical work. It also does not apply to activities that are distinct from the “administration” of an election, such as the kinds of efforts by non-election officials to encourage voting that commonly take place in connection with elections. OAG 1-24.
IVARTICLE IV.
LEGISLATIVE
IV,1Legislative power. Section 1. The legislative power shall be vested in a senate and assembly.
An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage Dist. v. Stein, 47 Wis. 2d 349, 177 N.W.2d 131.
The power given vocational district boards to levy taxes does not violate this section. The manner of appointing board members is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed., 51 Wis. 2d 356, 187 N.W.2d 387.
One legislature cannot dictate action by a future legislature or a future legislative committee. State ex rel. Warren v. Nusbaum, 59 Wis. 2d 391, 208 N.W.2d 780.
The legislature may constitutionally prescribe a criminal penalty for violation of an administrative rule. State v. Courtney, 74 Wis. 2d 705, 247 N.W.2d 714.
Provisions of s. 144.07 (1m) [now s. 281.34 (1m)], that void a DNR sewerage connection order if electors in the affected town area reject annexation to the city ordered to extend sewerage service, represents a valid legislative balancing and accommodation of 2 statewide concerns: urban development and pollution control. City of Beloit v. Kallas, 76 Wis. 2d 61, 250 N.W.2d 342.
Mediation - arbitration under s. 111.70 (4) (cm) is a constitutional delegation of legislative authority. Milwaukee County v. District Council 48, 109 Wis. 2d 14, 325 N.W.2d 350 (Ct. App. 1982).
The court will invalidate legislation only for constitutional violations. State ex rel. La Follette v. Stitt, 114 Wis. 2d 358, 338 N.W.2d 684 (1983).
Reference in a statute to a general federal law, as amended, necessarily references the current federal law where the act named in the statute is repealed and the law rewritten in another act. Because reference is stated as part of a contingency, it does not constitute unlawful delegation of legislative authority to U.S. Congress. Dane County Hospital & Home v. LIRC, 125 Wis. 2d 308, 371 N.W.2d 815 (Ct. App. 1985).
The supreme court declined to review the validity of the procedure used to give notice of a joint legislative committee on conference alleged to violate the state open meetings law. The court will not determine whether internal operating rules or procedural statutes have been complied with by the legislature in the course of its enactments and will not intermeddle in what it views, in the absence of constitutional directives to the contrary, to be purely legislative concerns. Ozanne v. Fitzgerald, 2011 WI 43, 334 Wis. 2d 70, 798 N.W.2d 436, 11-0613.
When administrative agencies promulgate rules, they are exercising legislative power that the legislature has chosen to delegate to them by statute. Stated otherwise, agencies have no inherent constitutional authority to make rules, and their rule-making powers can be repealed by the legislature. It follows that the legislature may place limitations and conditions on an agency’s exercise of rulemaking authority, including establishing the procedures by which agencies may promulgate rules. Koschkee v. Taylor, 2019 WI 76, 387 Wis. 2d 552, 929 N.W.2d 600, 17-2278.
The legislature may enact the laws the executive is duty-bound to execute, but it may not control his knowledge or intentions about those laws. Nor may it mute or modulate the communication of his knowledge or intentions to the public. Because there was no set of facts pursuant to which 2017 Wis. Act 369’s restrictions on guidance documents would not impermissibly interfere with the executive’s exercise of his core constitutional power, they were in that respect facially unconstitutional. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.
Proposed amendments to bills creating variable obscenity laws that would exempt motion picture films shown at theaters that comply with the film ratings of the motion picture association of America constitute an unconstitutional delegation of legislative power. 58 Atty. Gen. 36.
The one man-one vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the joint committee on finance, the board on government operations, the joint legislative council or the committee to visit state properties. Legislative oversight of administrative rules discussed. 63 Atty. Gen. 173.