Laws governing local ballot measures in Wisconsin

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

All Wisconsin cities and villages have an initiative process for local ballot measures.

This article sets out the laws governing local ballot measures in Wisconsin. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Wisconsin consists of 72 counties, 595 cities and villages, and 1255 towns. In addition, there are 761 special districts and 440 independent school districts.

Further classifications:

• All cities and villages have home rule authority and are able to pass charter ordinances.
• Milwaukee is the only first-class city and only remaining city with a private act charter. Other cities are classified as second, third, or fourth class.

School districts

See also: School bond and tax elections in Wisconsin

Wisconsin has a revenue cap that limits the amount of property tax revenue school districts can bring in. If any school district wants to exceed revenue limits, they are required to have a ballot measure submitted to the people. Wisconsin also requires ballot measures for any school bonding that exceeds one million dollars. However, Wisconsin has generous exemptions to these requirements. For example, school districts are exempt from the voter approval required to issue new bonding if the district is ordered by a state or federal court to remove hazardous substances or to be in compliance with fire standards. Also, school districts are exempt from bond elections if they are purchasing or detaching property from a former consolidated school district.

Ballot Law Portal

Laws Governing Ballot Measures

Local recall rules

The citizens of Wisconsin are granted the authority to perform a recall election by Section 12 of Article XIII of the Wisconsin Constitution. This section was added to the Wisconsin Constitution in 1926; it was amended in April 1981.

§§9.1 0(1) and (3), Wis. Stats. are the statutory expression of how recall campaigns are to be conducted in Wisconsin.

For additional detail, see: Laws governing recall in Wisconsin

Campaign Finance Rules

See also: Campaign finance requirements for North Carolina ballot measures

Initiative process availability

Cities and villages have a state set initiative process in Wis. Stat. § 9.20 that may be used to propose and vote on regular ordinances or charter ordinances.

However, court decisions have limited the subject matter available for initiative. An ordinance initiated under Wis. Stat. § 9.20: 1) must be legislative as opposed to administrative or executive in nature; 2) cannot repeal (or conflict with) an existing ordinance; 3) may not exceed the legislative powers conferred upon the governing municipal body; and 4) may not modify statutorily prescribed procedures or standards (which includes zoning). The restriction on conflicting with existing ordinances limits the initiative power compared with other states.

A guide to local ballot initiatives

Authority

Constitution

There are no explicit constitutional provisions for local initiative. However, Wisconsin Constitution, Article XI, Section 3 grants home rule power to cities and villages.

Statutes

• Wis. Stat. Section 9.20 authorizes initiative. See law: Wis. Stat. § 9.20

• Wis. Stat. Section 61.342 states that section 9.20 is applicable to villages. See law: Wis. Stat. § 61.342

• Wis. Stat. Section 66.0101(6) states that section 9.20 is available for charter ordinances. See law: Wis. Stat. § 66.0101(6)

• Also see Wis. Stat. § 8.40 (on petition form) and 8.37 (filing deadline). See law:§ 8.40 § 8.37

Initiative process features

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

City Initiative Process   The initiative (or direct legislation) process is authorized in Wis. Stat. § 9.20. Petition form is governed by § 8.40 and a filing deadline is set by § 8.37. See law: Wis. Stat. § 9.20 § 8.40 § 8.37 Subject matter restricts: An ordinance initiated under Wis. Stat. § 9.20: 1) must be legislative as opposed to administrative or executive in nature; 2) cannot repeal (or conflict with) an existing ordinance; 3) may not exceed the legislative powers conferred upon the governing municipal body; and 4) may not modify statutorily prescribed procedures or standards (which includes zoning). The restriction on conflicting with existing ordinances limits the initiative power compared with other states. -Mount Horeb Community Alert v. Village Board of Mt. Horeb, 263 Wis. 2d 544, 665 N.W.2d 229 (2003) Petition form: The petition must comply with Wis. Stat. §8.40. ' Signature requirements: 15% of the votes cast for governor at the last general election in the city or village (Wis. Stat. § 9.20). Circulation period: Signatures are valid for 60 days (Wis. Stat. § 9.20). Petitions must be filed no later than 70 days prior to election (Wis. Stat § 8.37). Circulator restrictions: Wisconsin resident, or if not a qualified elector of the state, that the circulator is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under section 6.03 (Wis. Stat. § 8.40). Submitting signatures: File petitions with city or village clerk. The clerk has 15 days to determine sufficiency. If insufficiency or improper form, sponsor has 10 days to amend (Wis. Stat. § 9.20). Election procedure: After certification, the clerk forwards to common council or village board, which has 30 days to pass without alteration. Otherwise, the ordinance is submitted to electors at next spring or general election, provided it is more than 6 weeks away. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election thereafter. The council/board by a 3/4 vote of the members-elect may order a special election at any time prior to the next election (Wis. Stat. § 9.20). Majority required: Simple majority (Wis. Stat. § 9.20). Legislative tampering: City ordinances or resolutions adopted under this section shall not be subject to the veto power of the mayor and city or village ordinances or resolutions adopted under this section shall not be repealed or amended within 2 years of adoption except by a vote of the electors. The common council or village board may submit a proposition to repeal or amend the ordinance or resolution at any election (Wis. Stat. § 9.20).

Initiative process in the top 10 most populated cities

List of Most Populated Cities in Wisconsin
City	Population	City Type	Next election
Milwaukee	597,867	Charter
Madison	236,901	General law with Home Rule
Green Bay	105,809	General law with Home Rule
Kenosha	99,738	General law with Home Rule
Racine	78,853	General law with Home Rule
Appleton	73,243	General law with Home Rule
Waukesah	70,867	General law with Home Rule
Eau Claire	66,623	General law with Home Rule
Oshkosh	66,344	General law with Home Rule
Janesville	63,479	General law with Home Rule

The top 10 most populated cities are all subject to the state set initiative process provided above.

External links

• Ballotpedia: Research document of Wisconsin local I&R laws
• League of Wisconsin Municipalities
• Wisconsin Legislative Reference Bureau, July 2004, Vol. IV, No. 3