The Tuesday Count: First statewide measure of 2015 to be voted on in Wisconsin

January 27, 2015

Edited by Brittany Clingen

In Wisconsin, voters will see a legislatively referred constitutional amendment addressing the state's judiciary system on the April 7 ballot, bringing the total number of 2015 statewide measures to four. In the meantime, marijuana continues its reign as one of the most prevalent topics on state and local ballots. Most recently, local measures have materialized in Tennessee, Kansas and California.

First statewide measure of 2015 to be voted on in Wisconsin:
The first statewide measure to go before voters in 2015 will appear on the April 7 ballot for voters in the Badger State. The measure, if approved, would provide for the election of the Wisconsin Supreme Court Chief Justice by a majority of the justices serving on the court. The justice would serve a two-year term.

Currently, the Wisconsin Constitution mandates that the Chief Justice be appointed based on seniority from the pool of justices sitting on the Wisconsin Supreme Court. Chief Justice Shirley Abrahamson has served as the court's chief justice since 1996. She's considered a "liberal," but the court majority is considered "conservative," according to the Milwaukee Journal Sentinel. Opponents argue that the amendment is a political attack on Chief Justice Abrahamson. Justice Ann Walsh Bradley of the Wisconsin Supreme Court deemed the amendment a "tool to settle political scores," saying, "I think the constitutional amendments are being targeted at replacing our chief justice. That's short-sighted because the political pendulum swings; all of us know that. And we don't want 10 years from now, this constitution, which is the foundation of our state, to be used by another party that may be in power as some kind of political pingpong to go back and forth."

However, supporters argue the amendment is a "common-sense measure" that would allow for a more democratic system of choosing the Supreme Court Chief Justice. Rep. Rob Hutton (R-13), one of the measure's supporters, said, "[The measure] not only minimizes the politics but it introduces more collaboration and cohesion."

In order to refer the measure to the ballot, the state legislature was required to approve the amendment by a simple majority vote in two successive legislative sessions. The measure was approved by the legislature in November 2013 and again in January 2015. No Democrats voted in favor of the amendment during the 2015 vote. However, it was still approved by margins of 54.84 percent in the senate and 64.58 percent in the assembly.

Local spotlight

Voters in Nashville-Davidson County, Tennessee, will vote on marijuana for the first time in August: A unique marijuana decriminalization initiative has qualified for the ballot in Nashville-Davidson County Metro. Maneuvering around state law that prohibits all marijuana use, the proposal seeks to simply prohibit the use of metro tax dollars to be used for the criminal prosecution of any adult over the possession of less than 2 ounces of marijuana. This version of decriminalization also includes a "private right of action" clause allowing citizens to sue the metro government if it does get involved in enforcement of marijuana prohibition.

Wichita, the largest city in Kansas, could decide on marijuana decriminalization initiative: Voters in Wichita, home to over 13 percent of the entire population of Kansas, will likely decide in April whether to decriminalize small amounts of marijuana. The city-wide vote is courtesy of a group called Kansas for Change, which sponsored the initiative to lessen first-offence penalties for possession of up to 32 grams - about 1.13 ounces - to just a fine of $50 dollars, eliminating all jail time or arrests. If voters reject the initiative, possession of marijuana would continue to be treated as a misdemeanor, with the possibility of up to a year of incarceration and $2,500 in fines.

The initiative petitioners collected enough signatures to qualify the initiative for the ballot, giving the city council two options: (1) approve the initiative directly, precluding the necessity of an election or (2) put the initiative before voters on April 7. The council is scheduled to vote on this issue at today's city council meeting.

Town Council of Yucca Valley, California, seeks compromise on marijuana initiative; voters could make final decision: Rather than put a competing measure on the ballot, the town council of Yucca Valley will try to compromise with the Alliance 4 Safe Access group, which collected the signatures to put an initiative allowing medical marijuana dispensaries on the ballot. The town council is scheduled to make a decision on February 17, 2015, and hopes to satisfy the alliance while also addressing some of its concerns such as safety, nuisance control and taxation. Voters may see the final draft of the measure on the ballot in April or May.

Other measures in the news

• Pennsylvania Purely Public Charities Amendment (2015): Legislators are shooting to get a contentious amendment on the May 19, 2015, primary ballot.
• Texas Right to Hunt, Fish and Harvest Amendment (2015): Texas could become the nineteenth state to establish a right to hunt and fish.
• Missouri Abolition of Grand Juries Amendment (2016): Following tensions in Ferguson and elsewhere, Rep. Brandon Ellington (D-22) introduces a legislatively referred constitutional amendment to abolish grand juries.

See also

2015 ballot measures

Tuesday Count • 2015 Scorecard

• Ballotpedia's Tuesday Count for 2015
• 2015 ballot measures
• Local ballot measure elections in 2015