ARTICLE XIII. MISCELLANEOUS PROVISIONS.
SECTION 1. [Political year; elections.]
The political year for this state shall commence
on the first Monday of January in each year, and the general
election shall be held on the Tuesday next succeeding the first
Monday of November in even-numbered years.
SECTION 3. [Eligibility to office.] No member of congress, nor
any person holding any office of profit or trust under the United
States (postmasters excepted) or under any foreign power; no
person convicted of any infamous crime 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, shall be eligible to any office of
trust, profit or honor in this state.
SECTION 4. [Great seal.] It shall be the duty of the legislature
to provide a great seal for the state, which shall be kept by the
secretary of state, and all official acts of the governor, his approbation
of the laws excepted, shall be thereby authenticated.
SECTION 6. [Legislative officers.] The elective officers of the
legislature, other than the presiding officers, shall be a chief clerk
and a sergeant at arms, to be elected by each house.
SECTION 7. [Division of counties.] No county with an area of
nine hundred square miles or less shall be divided or have any part
stricken therefrom, without submitting the question to a vote of
the people of the county, nor unless a majority of all the legal
voters of the county voting on the question shall vote for the same.
SECTION 8. [Removal of county seats.] No county seat shall
be removed until the point to which it is proposed to be removed
shall be fixed by law, and a majority of the voters of the county
voting on the question shall have voted in favor of its removal to
SECTION 9. [Election or appointment of statutory officers.]
All county officers whose election or appointment is not provided
for by this constitution shall be elected by the electors of the
respective counties, or appointed by the boards of supervisors, or
other county authorities, as the legislature shall direct. All city,
town and village officers whose election or appointment is not
provided for by this constitution shall be elected by the electors of
such cities, towns and villages, or of some division thereof, or
appointed by such authorities thereof as the legislature shall
designate for that purpose. All other officers whose election or
appointment is not provided for by this constitution, and all officers whose
offices may hereafter be created by law, shall be elected by the
people or appointed, as the legislature may direct.
SECTION 10. [Vacancies in office.]
(1) The legislature may declare the cases in which any office shall
be deemed vacant, and also the manner of filling the vacancy
where no provision is made for that purpose in this constitution.
(2) Whenever there is a vacancy in the office of lieutenant
governor, the governor shall nominate a successor to serve for the
balance of the unexpired term, who shall take office after
confirmation by the senate and by the assembly.
SECTION 11. [Passes, franks and privileges.]
No person, association,
copartnership, or corporation, shall promise, offer or give, for a
purpose, to any political committee, or any member or employ
thereof, to any candidate for, or incumbent of any office or position
under the constitution or laws, or under any ordinance of any
town or municipality, of this state, or to any person at the request
or for the advantage of all or any of them, any free pass or frank
or any privilege withheld from any person, for the traveling
accommodation or transportation of any person or property, or the
transmission of any message or communication.
No political committee, and no member or employe thereof, no
candidate for and no incumbent of any office or position under the
constitution or laws, or under any ordinance of any town or municipality
of this state, shall ask for, or accept, from any person, association,
copartnership, or corporation, or use, in any manner, or for
any purpose, any free pass or frank, or any privilege withheld from
any person, for the traveling accommodation or transportation of
any person or property, or the transmission of any message or
Any violation of any of the above provisions shall be bribery
and punished as provided by law, and if any officer or any member
of the legislature be guilty thereof, his office shall become vacant.
No person within the purview of this act shall be privileged
from testifying in relation to anything therein prohibited; and no
person having so testified shall be liable to any prosecution or
punishment for any offense concerning which he was required to give
his testimony or produce any documentary evidence.
Notaries public and regular employes of a railroad or of the
public utilities who are candidates for or hold public offices for
which the annual compensation is not more than three hundred
dollars to whom no passes or privileges are extended beyond those
which are extended to other regular employes of such
corporations are excepted from the provisions of this section.
SECTION 12. [Recall of elective officers.]
The qualified electors of the state
of any congressional, judicial or legislative district or of a
county may petition for the recall of any incumbent elective
officer after the first year of the term for which the incumbent was
elected, by filing a petition with the filing officer with whom the
nomination petition to the office in the primary is filed,
demanding the recall of the incumbent.
- (1) The recall petition shall be signed by electors equalling at
least twenty-five percent of the vote cast for the office of governor
at the last preceding election, in the state, county or district which
the incumbent represents.
- (2) The filing officer with whom the recall petition is filed
shall call a recall election for the Tuesday of the 6th week after the
date of filing 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 incumbent shall continue to perform the duties of the
office until the recall election results are officially declared.
- (4) Unless the incumbent declines within l0 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
the office in the manner provided by law for special elections. 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
- (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.
- (5) The person who receives the highest number of votes in the
recall election shall be elected for the remainder of the term.
- (6) After one such petition and recall election, no further recall
petition shall be filed against the same officer during the term for
which he was elected.
(7) This section shall be self-executing and mandatory. Laws
may beenacted to facilitate its operation but no law shall be
enacted to hamper, restrict or impair the right of recall.
Revised March 2, 2000.