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Wisconsin Question 5, Retirement Age for Judges and Justices Amendment (April 1977)

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Wisconsin Question 5

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Election date

April 5, 1977

Topic
Age limits for officials and State judiciary
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Wisconsin Question 5 was on the ballot as a legislatively referred constitutional amendment in Wisconsin on April 5, 1977. It was approved.

A "yes" vote supported amending the constitution to empower the state legislature to set a retirement age for supreme court justices or court of record judges to any age 70 or above.

A "no" vote opposed amending the constitution to empower the state legislature to set a retirement age for supreme court justices or court of record judges to any age 70 or above.


Election results

Wisconsin Question 5

Result Votes Percentage

Approved Yes

506,207 67.46%
No 244,170 32.54%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Question 5 was as follows:

Mandatory retirement age. Shall section 24 of article VII of the constitution be amended, to authorize the legislature to set the age not less than 70 at which a justice or judge must retire?


Constitutional changes

See also: Wisconsin Constitution, Article VII

The ballot measure amended Section 24 of Article VII of the Wisconsin Constitution. The following underlined language was added and struck-through text was deleted:

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

Article VII
Justices and judges: eligibility for office; retirement. SECTION 24.

No person seventy years of age or over may take
(1) to be eligible for the office as a of supreme court justice or circuit judge. No of any court of record, a person may take or hold such office unless he is must be an attorney licensed to practice law in this state and has have been so licensed for five 5 years immediately prior to his election or appointment. No supreme court justice or circuit judge
(2) Unless assigned temporary service under subsection (3), no person may serve as a supreme court justice or judge of a court of record beyond the July 31 following the date on which he such person attains the age, of seventy not less than 70 years, which the legislature shall prescribe by law.
(3) A person who has served eight or more years as a supreme court justice or circuit judge of a court of record may, as provided by law, serve temporarily, on appointment as a judge of any court of record except the supreme court on a temporary basis if assigned by the chief justice of the supreme court or by any associate justice designated by the supreme court, as a judge of a circuit court, under such general laws as the legislature may enact.[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.