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State constitution

Constitution of Wisconsin

Data from WI Legislature (LRB)

Full 14-article structure with condensed section text. Repealed sections are noted rather than expanded. Read the verbatim, annotated text at the source link.

Article I Declaration of Rights

§ 1 Equality; inherent rights

All people are born equally free and independent and have inherent rights, including life, liberty, and the pursuit of happiness; governments derive their just powers from the consent of the governed.

§ 2 Slavery prohibited

There shall be neither slavery nor involuntary servitude in the state, except as punishment for crime after conviction.

§ 3 Free speech; libel

Every person may freely speak, write, and publish on all subjects, being responsible for abuse of that right; in libel cases truth may be shown and the jury determines law and fact.

§ 4 Right to assemble and petition

The right of the people peaceably to assemble, consult for the common good, and petition the government shall never be abridged.

§ 5 Trial by jury; verdict in civil cases

The right of trial by jury remains inviolate in all cases at law, though it may be waived and the legislature may allow civil verdicts by not less than five-sixths of the jury.

§ 6 Excessive bail; cruel punishments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

§ 7 Rights of accused

The accused may be heard by self and counsel, know the accusation, confront witnesses, have compulsory process, and receive a speedy public jury trial in the proper county.

§ 8 Prosecutions; double jeopardy; self-incrimination; bail; habeas corpus

No person is held for a criminal offense without due process, twice put in jeopardy, or compelled to be a witness against themselves; conditions of pretrial release and habeas corpus are provided.

§ 9 Remedy for wrongs

Every person is entitled to a remedy in the law for injuries to person, property, or character, obtaining justice freely and without delay.

§ 9m Victims of crime

Crime victims are guaranteed enumerated rights, including to be treated with dignity, to be heard, to notice, and to reasonable protection (Marsy's Law).

§ 10 Treason

Treason against the state consists only in levying war against it or adhering to its enemies, and conviction requires two witnesses or confession in open court.

§ 11 Searches and seizures

The people are secure against unreasonable searches and seizures, and no warrant issues without probable cause supported by oath describing the place and things.

§ 12 Attainder; ex post facto; contracts

No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed, and no conviction works corruption of blood or forfeiture.

§ 13 Private property for public use

The property of no person shall be taken for public use without just compensation.

§ 14 Feudal tenures; leases; alienation

All lands are declared allodial, feudal tenures are prohibited, and long leases and grants of agricultural land are limited.

§ 15 Equal property rights for aliens and citizens

No distinction shall be made by law between resident aliens and citizens as to the possession, enjoyment, or descent of property.

§ 16 Imprisonment for debt

No person shall be imprisoned for debt arising out of or founded on a contract.

§ 17 Exemption of property of debtors

The debtor's privilege to enjoy the necessary comforts of life is recognized by laws exempting a reasonable amount of property from seizure.

§ 18 Freedom of worship; liberty of conscience

The right to worship according to conscience shall never be infringed, no one may be compelled to support any ministry, and no public funds go to religious societies.

§ 19 Religious tests prohibited

No religious test shall be required as a qualification for office or as a condition of competency to testify.

§ 20 Military subordinate to civil power

The military shall be in strict subordination to the civil power.

§ 21 Rights of suitors

Writs of error shall never be prohibited, and any suitor may prosecute or defend a suit in person or by an attorney of choice.

§ 22 Maintenance of free government

The blessings of free government can be maintained only by firm adherence to justice, moderation, temperance, frugality, and virtue.

§ 23 Transportation of school children

The legislature may provide for the safety and welfare of children by providing for their transportation to and from any school.

§ 24 Use of school buildings

The legislature may authorize the use of public school buildings by civic, religious, or charitable organizations.

§ 25 Right to keep and bear arms

The people have the right to keep and bear arms for security, defense, hunting, recreation, or any other lawful purpose.

§ 26 Right to fish, hunt, trap, and take game

The people have the right to fish, hunt, trap, and take game subject only to reasonable restrictions prescribed by law.

Article II Boundaries

§ 1 State boundary

Wisconsin consents to and accepts the boundaries prescribed by the federal enabling act.

§ 2 Enabling act accepted

The propositions of the act of Congress are accepted and ratified, and remain irrevocable without the consent of the United States.

Article III Suffrage

§ 1 Electors

Every United States citizen aged 18 or older who resides in an election district is a qualified elector of that district.

§ 1m Photographic identification

No qualified elector may cast a ballot unless the elector presents valid photographic identification verifying identity, as provided by law.

§ 2 Implementation

Laws may be enacted defining residency, providing for registration and absentee voting, and excluding persons for stated causes.

§ 3 Secret ballot

All votes shall be by secret ballot.

§ 4 (Residence)

Repealed.

§ 5 (Military stationing)

Repealed.

§ 6 (Exclusion from suffrage)

Repealed.

§ 7 Private donations and grants; designated election officials

No state agency or political subdivision may apply private money or equipment for election administration, and only designated officials may perform election duties.

Article IV Legislative

§ 1 Legislative power

The legislative power is vested in a senate and assembly.

§ 2 Legislature, how constituted

The assembly has between 54 and 100 members, and the senate a number between one-fourth and one-third of the assembly.

§ 3 Apportionment

After each federal enumeration the legislature apportions and districts anew the members of the senate and assembly.

§ 4 Representatives to the assembly, how chosen

Assembly members are chosen biennially by single districts at the November general election in even-numbered years.

§ 5 Senators, how chosen

Senators are elected by single districts of contiguous territory in the same manner as assembly members.

§ 6 Qualifications of legislators

No person is eligible to the legislature who has not resided one year in the state and is a qualified elector of the district.

§ 7 Organization; quorum; compulsory attendance

Each house judges the elections and qualifications of its members, and a majority is a quorum, though a smaller number may compel attendance.

§ 8 Rules; contempts; expulsion

Each house determines its rules, punishes for contempt and disorderly behavior, and by two-thirds may expel a member.

§ 9 Officers

Each house chooses its presiding officers from its members, and the legislature provides for a department of transportation.

§ 10 Journals; open doors; adjournments

Each house keeps and publishes a journal, keeps its doors open except when secrecy is required, and may not adjourn more than three days without consent.

§ 11 Meeting of legislature

The legislature meets at the seat of government as provided by law, unless convened by the governor in special session.

§ 12 Ineligibility of legislators to office

No member, during the term elected, may be appointed to a civil office created or whose pay increased during that term.

§ 13 Ineligibility of federal officers

No member of Congress or federal officeholder is eligible to a seat in the legislature.

§ 14 Filling vacancies

The governor issues writs of election to fill vacancies in either house.

§ 15 Exemption from arrest and civil process

Members are privileged from arrest, except for treason, felony, and breach of the peace, and from civil process during the session.

§ 16 Privilege in debate

No member is liable in any civil action or criminal prosecution for words spoken in debate.

§ 17 Enactment of laws

The style of laws is prescribed, and no law is enacted except by bill, with the legislature able to provide for reference to and revision of statutes.

§ 18 Title of private bills

No private or local bill shall embrace more than one subject, which shall be expressed in its title.

§ 19 Origin of bills

Any bill may originate in either house, and a bill passed by one house may be amended by the other.

§ 20 Yeas and nays

The yeas and nays on any question are entered on the journal at the request of one-sixth of those present.

§ 21 (Compensation of members)

Repealed.

§ 22 Powers of county boards

The legislature may confer on county boards of supervisors such local legislative and administrative powers as it prescribes.

§ 23 Town and county government

The legislature establishes one system of town government as nearly uniform as practicable and may provide for county executives and administrators.

§ 23a Chief executive to approve or veto county measures

Every county board resolution or ordinance is presented to the county's chief executive officer, who may approve or veto it, subject to override.

§ 24 Gambling

The legislature may not authorize gambling except as specified, including bingo, raffles, pari-mutuel wagering, a state lottery, and tribal gaming compacts.

§ 25 Stationery and printing

The legislature provides by law that state stationery and printing be furnished at the lowest responsible bid.

§ 26 Extra compensation; salary change

The legislature may not grant extra compensation after services are rendered, nor change the salary of an officer during the term.

§ 27 Suits against state

The legislature directs by law the manner and courts in which suits may be brought against the state.

§ 28 Oath of office

Members and all executive and judicial officers take an oath to support the constitutions before entering upon their duties.

§ 29 Militia

The legislature determines who constitutes the militia and provides for organizing and disciplining it.

§ 30 Elections by legislature

All elections made by the legislature are by roll-call vote entered in the journals.

§ 31 Special and private laws prohibited

The legislature is prohibited from enacting special or private laws in the enumerated cases, such as divorce, name changes, and local matters.

§ 32 General laws on enumerated subjects

The legislature may provide by general law for any subject on which special or private laws are prohibited.

§ 33 Auditing of state accounts

The legislature shall provide for the auditing of state accounts and may establish offices and duties for that purpose.

§ 34 Continuity of civil government

The legislature may ensure continuity of state and local government during emergencies resulting from enemy action.

Article V Executive

§ 1 Governor; lieutenant governor; term

The executive power is vested in a governor who holds office for four years, with a lieutenant governor elected at the same time and for the same term.

§ 1m (Lieutenant governor term)

Repealed.

§ 1n (Eligibility)

Repealed.

§ 2 Eligibility

Only a United States citizen and qualified elector of the state is eligible to be governor or lieutenant governor.

§ 3 Election

The governor and lieutenant governor are elected by the qualified electors at the times and places of choosing legislators.

§ 4 Powers and duties

The governor is commander-in-chief of the state's forces, may convene the legislature in special session, and sees that the laws are faithfully executed.

§ 5 (Compensation)

Repealed.

§ 6 Pardoning power

The governor may grant reprieves, commutations, and pardons after conviction, except in treason and impeachment cases, on stated conditions.

§ 7 Lieutenant governor, when governor

On the governor's death, resignation, or removal, the lieutenant governor becomes governor for the balance of the term.

§ 8 Secretary of state, when governor

If both the governorship and lieutenant governorship are vacant, the secretary of state becomes governor for the balance of the term.

§ 9 (Vacancy provision)

Repealed.

§ 10 Governor to approve or veto bills

Every bill is presented to the governor, who may sign it, veto it in whole or in part on appropriation bills, and whose veto may be overridden by two-thirds of each house.

Article VI Administrative

§ 1 Election of secretary of state, treasurer, attorney general; term

The qualified electors elect a secretary of state, treasurer, and attorney general every four years.

§ 1m (Treasurer term)

Repealed.

§ 1n (Attorney general term)

Repealed.

§ 1p (Secretary of state duties)

Repealed.

§ 2 Secretary of state; duties, compensation

The secretary of state keeps a record of the official acts of the legislature and executive and performs the duties prescribed by law.

§ 3 Treasurer and attorney general; duties, compensation

The powers, duties, and compensation of the treasurer and attorney general are prescribed by law.

§ 4 County officers; election, terms, removal; vacancies

Elected county officers such as sheriffs, coroners, registers of deeds, and district attorneys are chosen by the county's electors, with terms and removal as provided.

Article VII Judiciary

§ 1 Impeachment; trial

The assembly has the power to impeach civil officers for corrupt conduct or crimes, and impeachments are tried by the senate.

§ 2 Court system

The judicial power is vested in a unified court system consisting of one supreme court, a court of appeals, circuit courts, and courts of limited jurisdiction.

§ 3 Supreme court: jurisdiction

The supreme court has superintending and administrative authority over all courts and appellate jurisdiction, and may hear original actions.

§ 4 Supreme court: election, chief justice, administration

The supreme court has seven justices elected for ten-year terms; the justices elect a chief justice, who administers the court system.

§ 5 Court of appeals

The legislature combines the judicial circuits into districts for a court of appeals whose judges are elected.

§ 6 Circuit court: boundaries

The legislature prescribes the number of judicial circuits, bounding them by county lines and making them compact.

§ 7 Circuit court: election

For each circuit one or more circuit judges are elected by its qualified electors for six-year terms.

§ 8 Circuit court: jurisdiction

The circuit court has original jurisdiction in all civil and criminal matters and appellate jurisdiction as provided.

§ 9 Judicial elections, vacancies

Vacancies in courts of record are filled by gubernatorial appointment until an election is held.

§ 10 Judges: eligibility to office

No justice or judge of a court of record may hold any other office of public trust, except judicial office, during the term.

§ 11 Disciplinary proceedings

Each justice or judge is subject to reprimand, censure, suspension, or removal for cause by the supreme court under prescribed procedures.

§ 12 Clerks of circuit and supreme courts

A clerk of circuit court is elected in each county, and the supreme court appoints its own clerk.

§ 13 Justices and judges: removal by address

Any justice or judge may be removed by address of both houses if two-thirds of each concur, on stated grounds and after notice.

§ 14 Municipal court

The legislature may authorize cities, villages, and towns to establish municipal courts of uniform limited jurisdiction.

§ 15 (Tribunals of conciliation)

Repealed.

§ 16 (Style of writs; indictments)

Repealed.

§ 17 (Suit tax)

Repealed.

§ 18 (Testimony in equity)

Repealed.

§ 19 (Rights of suitors)

Repealed; see Article I, section 21.

§ 20 (Publication of laws and decisions)

Repealed.

§ 21 (Revision of practice)

Repealed.

§ 22 (Court commissioners)

Repealed.

§ 23 (Retirement provision)

Repealed.

§ 24 Justices and judges: eligibility; retirement

To be eligible for a court of record a person must have been a licensed attorney for the required period, and the legislature may set a retirement age and provide for temporary service.

Article VIII Finance

§ 1 Rule of taxation uniform; income and other taxes

The rule of taxation shall be uniform, but taxes may be levied on incomes, privileges, and occupations, and agricultural and forest land may be taxed at a lower rate.

§ 2 Appropriation; limitation

No money is paid from the treasury except in pursuance of an appropriation by law, and no appropriation is made for stale claims.

§ 3 Credit of state

The credit of the state shall never be given or loaned in aid of any individual, association, or corporation, except as provided for public defense.

§ 4 Contracting state debts

The state shall never contract any public debt except in the cases and manner provided in this article.

§ 5 Annual tax levy to equal expenses

The legislature provides for an annual tax sufficient to defray the estimated state expenses and to cover any deficiency.

§ 6 Public debt for extraordinary expense

For extraordinary expenditures the state may contract debts, but never exceeding an aggregate of one hundred thousand dollars.

§ 7 Public debt for public defense; bonding

The state may borrow to repel invasion, suppress insurrection, or defend the state, and may contract public debt for public purposes as authorized.

§ 8 Vote on fiscal bills; quorum

On any law imposing a tax or creating a debt, three-fifths of the members present must be a quorum, and the yeas and nays are recorded.

§ 9 Evidences of public debt

No evidence of state debt is issued except for debts authorized by this article.

§ 10 Internal improvements

The state may not contract debt for works of internal improvement or be a party in carrying them on, subject to enumerated exceptions.

§ 11 Transportation fund

Revenues from transportation-related taxes and fees are deposited in a transportation fund and used only for transportation purposes.

Article IX Eminent Domain and Property

§ 1 Jurisdiction on rivers and lakes; navigable waters

The state has concurrent jurisdiction on bordering rivers and lakes, and the navigable waters leading into the Mississippi and St. Lawrence remain common highways forever free.

§ 2 Territorial property

Title to lands and property that accrued to the territory vests in the state.

§ 3 Ultimate property in lands; escheats

The people in their sovereign right possess the ultimate property in all lands within the state, and lands escheat to the state on failure of heirs.

Article X Education

§ 1 Superintendent of public instruction

The supervision of public instruction is vested in a state superintendent and such other officers as the legislature directs.

§ 2 School fund created; income applied

The proceeds of granted educational lands and other stated sources form a perpetual school fund whose income supports the schools.

§ 3 District schools; tuition; sectarian instruction

The legislature provides for free district schools open to all children aged 4 to 20, with no sectarian instruction permitted.

§ 4 Annual school tax

Each town and city raises annually by tax not less than one-half the amount it receives from the school fund income.

§ 5 Income of school fund

Provision is made by law for distributing the income of the school fund among the towns and cities for common schools.

§ 6 State university; support

Provision is made by law for a state university near the seat of government and for its support from the university fund income.

§ 7 Commissioners of public lands

The secretary of state, treasurer, and attorney general are a board of commissioners for the sale of school and university lands and investment of the funds.

§ 8 Sale of public lands

School and university lands are sold after appraisal, on terms that secure the funds and prevent loss.

Article XI Municipal Corporations

§ 1 Corporations; how formed

Corporations without banking powers are formed under general laws, not by special act except for municipal purposes.

§ 2 Property taken by municipality

No municipal corporation takes private property for public use against the owner's consent without the necessity first being established and compensation made.

§ 3 Municipal home rule; debt limit; tax to pay debt

Cities and villages may determine their local affairs subject to the constitution and general enactments, with debt limited to five percent of taxable property.

§ 3a Acquisition of lands; sale of excess

The state and its subdivisions may acquire lands by gift, purchase, or condemnation and sell any excess.

§ 4 General banking law

The legislature may enact a general banking law for the creation, regulation, and supervision of banks.

§ 5 (Former banking provision)

Repealed.

Article XII Amendments

§ 1 Constitutional amendments

An amendment may be proposed in either house, and if agreed to by a majority of the members elected to each house in two successive legislatures and then approved by the voters, it becomes part of the constitution.

§ 2 Constitutional conventions

If a majority of both houses deems it necessary, the question of calling a convention to revise the constitution is submitted to the electors.

Article XIII Miscellaneous Provisions

§ 1 Political year; elections

The political year begins the first Monday of January, and the general election is held on the Tuesday after the first Monday of November in even years.

§ 2 (Dueling)

Repealed.

§ 3 Eligibility to office

No member of Congress or holder of a federal or foreign office of profit or trust (except postmaster) is eligible to a state office, and stated convictions disqualify.

§ 4 Great seal

The legislature provides a great seal for the state, kept by the secretary of state and affixed to official acts of the governor.

§ 5 (Legislative bribery)

Repealed.

§ 6 Legislative officers

The elective officers of the legislature, other than presiding officers, are a chief clerk and a sergeant at arms elected by each house.

§ 7 Division of counties

No county of nine hundred square miles or less is divided without submitting the question to a vote of the people affected.

§ 8 Removal of county seats

No county seat is removed until the new location is fixed by law and approved by a majority of the county's voters.

§ 9 Election or appointment of statutory officers

County officers not provided for in the constitution are elected by the county's electors or appointed as the legislature directs.

§ 10 Vacancies in office

The legislature may declare the cases in which an office is vacant and the manner of filling the vacancy.

§ 11 Passes, franks and privileges

No person or corporation may give any free pass, frank, or privilege to a public officer, and acceptance works forfeiture of office.

§ 12 Recall of elective officers

The qualified electors may petition for the recall of an elective officer after the officer has served part of the term, forcing a recall election.

§ 13 Marriage

Only a marriage between one man and one woman is valid or recognized as a marriage in the state (a provision superseded by federal law).

Article XIV Schedule

§ 1 Effect of change from territory to state

So that no inconvenience arises from the change from territory to state, all existing rights, actions, prosecutions, and judgments continue.

§ 2 Territorial laws continued

All territorial laws not repugnant to this constitution remain in force until they expire or are altered or repealed.

§ 3 (Rights of action saved)

Repealed.

§ 4 (Existing officers hold over)

Repealed.

§ 5 (Seat of government)

Repealed.

§ 6 (Local officers hold over)

Repealed.

§ 7 (Copy of constitution for president)

Repealed.

§ 8 (Ratification; election of officers)

Repealed.

§ 9 (Congressional apportionment)

Repealed.

§ 10 (First elections)

Repealed.

§ 11 (Legislative apportionment)

Repealed.

§ 12 (Common law provision)

Repealed.

§ 13 Common law continued in force

Such parts of the common law then in force in the territory, not inconsistent with this constitution, continue as the law of the state until altered or repealed.

§ 14 (Oath of office)

Repealed.

§ 15 (Judicial branch provision)

Repealed.

§ 16 Implementing revised structure of judicial branch

Transitional provisions implementing the 1977 reorganization of the courts, continuing then-serving justices and judges into the unified system; largely spent.

Full, verbatim text at WI Legislature (LRB)