IV,5Senators, how chosen. Section 5. [As amended Nov. 1881 and Nov. 1982] 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] Contiguity is a constitutional imperative for all districts. Contiguous territory is territory that is touching or in actual contact. In other words, a district must be physically intact such that a person could travel from one point in the district to any other point in the district without crossing district lines. The contiguity requirements are not satisfied when a district includes detached territory that is a “municipal island,” a portion of a municipality separated from the main body of the municipality that is created via annexation, even if the main body of the municipality is located in the district. Clarke v. Wisconsin Elections Commission, 2023 WI 79, 410 Wis. 2d 1, 998 N.W.2d 370, 23-1399. Touch-point contiguity occurs when territory is contiguous only because it is joined at a single point. Since territory that touches at a single point is indeed touching, touch-point contiguity alone does not violate the contiguity requirement. Clarke v. Wisconsin Elections Commission, 2023 WI 79, 410 Wis. 2d 1, 998 N.W.2d 370, 23-1399. IV,6Qualifications of legislators. Section 6. 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. A candidate for election to Congress need not be a resident of the district at the time he or she files nomination papers and executes the declaration of intent to accept the office if elected. A candidate for congress must be an inhabitant of the state at the time of election. 61 Atty. Gen. 155.
IV,7Organization of legislature; quorum; compulsory attendance. Section 7. 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. IV,8Rules; contempts; expulsion. Section 8. 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. Courts have no jurisdiction to review legislative rules of proceeding, which are those rules having to do with the process the legislature uses to propose or pass legislation or how it determines the qualifications of its members. Milwaukee Journal Sentinel v. DOA, 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700, 07-1160. The legislature cannot sentence a person to confinement for contempt without notice and without giving an opportunity to respond to the charge. Groppi v. Leslie, 404 U.S. 496, 92 S. Ct. 582, 30 L. Ed. 2d 632 (1972). IV,9Officers. Section 9. [As amended April 1979 and Nov. 2014] IV,9(1)(1) Each house shall choose its presiding officers from its own members. IV,9(2)(2) The legislature shall provide by law for the establishment of a department of transportation and a transportation fund. [1977 J.R. 32, 1979 J.R. 3, vote April 1979; 2011 J.R. 4, 2013 J.R. 1, vote Nov. 2014] IV,10Journals; open doors; adjournments. Section 10. 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. IV,11Meeting of legislature. Section 11. [As amended Nov. 1881 and April 1968] 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] How the legislature meets, when it meets, and what descriptive titles the legislature assigns to those meetings or their operating procedures constitute parts of the legislative process with which the judicial branch has no jurisdiction or right to interfere. League of Women Voters of Wisconsin v. Evers, 2019 WI 75, 387 Wis. 2d 511, 929 N.W.2d 209, 19-0559. IV,12Ineligibility of legislators to office. Section 12. 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. A legislator may be elected to a constitutional or statutory state elective office even though the emoluments of the office were raised during the legislator’s legislative term. If so elected, the legislator is limited by s. 13.04 (1) to the emoluments of the office prior to the increase. A legislator is not eligible, however, for appointment to an office created during the legislator’s term or to an office the emoluments of which appointive office were raised during the legislator’s legislative term. 63 Atty. Gen. 127.
IV,13Ineligibility of federal officers. Section 13. [As amended April 1966] 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] IV,14Filling vacancies. Section 14. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature. IV,15Exemption from arrest and civil process. Section 15. 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. The privilege under this section can be invoked by a legislator only if the legislator is subpoenaed, not if an aide is subpoenaed. State v. Beno, 116 Wis. 2d 122, 341 N.W.2d 668 (1984). The members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included this section in the Wisconsin Constitution. The phrase “treason, felony and breach of the peace” in this section was intended to mean all crimes. State v. Burke, 2002 WI App 291, 258 Wis. 2d 832, 653 N.W.2d 922, 02-2161. IV,16Privilege in debate. Section 16. No member of the legislature shall be liable in any civil action, or criminal prosecution whatever, for words spoken in debate. The sphere of legislative action protected under this section is broader than floor deliberations. A legislator may invoke the privilege under this section to immunize an aide from a subpoena to testify as to an investigation conducted by the aide at the legislator’s request. State v. Beno, 116 Wis. 2d 122, 341 N.W.2d 668 (1984). Not all activities of a legislator are protected by this section insofar as that activity is not an integral part of the deliberative and communicative processes. While legislative acts are protected by the speech and debate clause, political acts are not. Hiring, directing, and managing legislative caucus staff to oversee political campaigns is not protected. By its very nature, engaging in campaign activity is political. State v. Chvala, 2004 WI App 53, 271 Wis. 2d 115, 678 N.W.2d 880, 03-0442. See also State v. Jensen, 2004 WI App 89, 272 Wis. 2d 707, 681 N.W.2d 230, 03-0106. This section provides only immunity from prosecution based on use of communications, and not secrecy for communications of government officials and employees. Custodian of Records v. State, 2004 WI 65, 272 Wis. 2d 208, 680 N.W.2d 792, 02-3063.