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Wisconsin Question 1, Recall Primary Elections Amendment (April 1981)

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Wisconsin Question 1

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Election date

April 7, 1981

Topic
Primary election systems and Recall process
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Wisconsin Question 1 was on the ballot as a legislatively referred constitutional amendment in Wisconsin on April 7, 1981. It was approved.

A "yes" vote supported amending to constitution to require primary elections if there is more than one political party nomination for partisan office and more than two candidates for a nonpartisan office in a recall election.

A "no" vote opposed amending to constitution to require primary elections if there is more than one political party nomination for partisan office and more than two candidates for a nonpartisan office in a recall election.


Election results

Wisconsin Question 1

Result Votes Percentage

Approved Yes

366,635 58.53%
No 259,820 41.47%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Question 1 was as follows:

Shall section 12 of article XIII of the constitution be amended to authorize and require that a separate primary and election be held for the recall of any state, congressional, judicial, legislative or county official whenever more than one person is a candidate for a political party nomination for a partisan office, or whenever more than 2 persons are candidates for a nonpartisan office, unless one of those persons receives a majority of the votes cast at the primary?


Constitutional changes

Note: Hover over the text and scroll to see the full text.

[Article VI] Section 12. The qualified electors of the state or of any county or of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer after the first year of the term for which he the incumbent was elected, by filing a petition with the filing officer with whom the petition for nomination petition to such the office in the primary election is filed, demanding the recall of such officerthe incumbent. Such
(1) The recall petition shall be signed by electors equal in number to equaling at least twenty-five per cent percent of the vote cast for the office of governor at the last preceding election, in the state, county or district from which such officer is to be recalled the incumbent represents.
(2) The filing officer with whom such the recall petition is filed shall call a special recall election to be held not less than forty nor more than forty-five days from for the Tuesday of the 6th week after the date of filing of such the petition or, if that Tuesday is a legal holiday, on the first day after that Tuesday which is not a legal holiday.
(3) The officer against whom such petition has been filed incumbent shall continue to perform the duties of his the office until the result of such special recall election shall have been results are officially declared.
(4) Unless the incumbent declines within 10 days after the filing of the petition, the incumbent shall without filing be deemed to have filed for the recall election. Other candidates may file for such the office may be nominated in the manner as is provided by law in primary elections for special elections.
(5) The candidate person who shall receive receives the highest number of votes in the recall election shall be deemed elected for the remainder of the term. The name of the candidate against whom the recall petition is filed shall go on the ticket unless he resigns within ten days after the filing of the petition.
(6) After one such petition and special recall election, no further recall petition shall be filed against the same officer during the term for which he was elected.
(7) This article section shall be self-executing and all of its provisions shall be treated as mandatory. Laws may be enacted to facilitate its operation, but no law shall be enacted to hamper, restrict or impair the right of recall.
[Article XIII] Section 12 (4) For the purpose of conducting elections under this section:
(a) When more than 2 persons compete for a nonpartisan office, a recall primary shall be held. The 2 persons receiving the highest number of votes in the recall primary shall be the 2 candidates in the recall election, except that if any candidate receives a majority of the total number of votes cast in the recall primary, that candidate shall assume the office for the remainder of the term and a recall election shall not be held.
(b) For any partisan office, a recall primary shall be held for each political party which is by law entitled to a separate ballot and from which more than one candidate competes for the party's nomination in the recall election. The person receiving the highest number of votes in the recall primary for each political party shall be that party's candidate in the recall election. Independent candidates and candidates representing political parties not entitled by law to a separate ballot shall be shown on the ballot for the recall election only.
(c) When a recall primary is required, the date specified under sub. ( 2 ) shall be the date of the recall primary and the recall election shall be held on the Tuesday of the 4th week after the recall primary or, if that Tuesday is a legal holiday, on the first day after that Tuesday which is not a legal holiday."[1]

Path to the ballot

See also: Amending the Wisconsin Constitution

A simple majority vote is required during two legislative sessions for the Wisconsin State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 50 votes in the Wisconsin State Assembly and 17 votes in the Wisconsin State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also


Footnotes

  1. Note: This text is quoted verbatim from the original source.