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Wisconsin Prohibition on Felons Holding Office, Amendment 1 (1996)

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Wisconsin Constitution
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Preamble
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IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV

The Wisconsin Prohibition on Felons Holding Office Amendment, also known as Eligibility of Convicted Persons to Hold Public Office amendment was a legislatively-referred constitutional amendment on the November 5, 1996 ballot in Wisconsin, where it was approved.

The amendment to Article XIII, section 3 of the Wisconsin Constitution prohibits a person from holding public office or from appearing on the ballot for state or local office if the person has been convicted of a felony or a misdemeanor involving a violation of public trust, unless pardoned.[1]

Election results

Eligibility of Convicted Persons
to Hold Public Office
ResultVotesPercentage
Approveda Yes 1,292,934 70.4%
No543,51629.6%

Official results via: The Wisconsin Blue Book 1997-1998

Text of measure

The language that appeared on the ballot was:

Eligibility of convicted persons to hold public office. Shall Section 3 of article XIII of the constitution be amended to prohibit a person from holding public office or from appearing on a ballot for state or local office if the person has been convicted of a misdemeanor involving a violation of public trust or a felony and the person has not been pardoned for the conviction?”[2]

Constitutional changes

(Note: Scored material would be added; stricken material would be deleted.)

[Article XIII] Section 3 (1) No member of congress, nor any and no person holding any office of profit or trust under the United States (postmasters excepted) except postmaster, or under any foreign power; no, shall be eligible to any office of trust, profit or honor in this state.
(2) No person convicted of any infamous crime a felony, in any court within the United States; and no person being a defaulter to the United States or to this state, or to any county or town therein, or to any state or territory within the United States, no person convicted in federal court of a crime designated, at the time of commission, under federal law as a misdemeanor involving a violation of public trust and no person convicted, in a court of a state, of a crime designated, at the time of commission, under the law of the state as a misdemeanor involving a violation of public trust shall be eligible to any office of trust, profit or honor in this state unless pardoned of the conviction.
(3) No person may seek to have placed on any ballot for a state or local elective office in this state the name of a person convicted of a felony, in any court within the United States, the name of a person convicted in federal court of a crime designated, at the time of commission, under federal law as a misdemeanor involving a violation of public trust or the name of a person convicted, in a court of a state, of a crime designated, at the time of commission, under the law of the state as a misdemeanor involving a violation of public trust, unless the person named for the ballot has been pardoned of the conviction.[2]

Path to the ballot

  • First Legislative Approval: AJR 3 & JR 19 (1993)
  • Second Legislative Approval: AJR 16& JR 28 (1995)[1]

See also

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