SJR 26

This proposed constitutional amendment, proposed to the 2009 legislature on

first consideration, deletes from the constitution the office of secretary of state.

Secretary of state

Currently, the constitution assigns four duties to the secretary of state; all other

duties are prescribed by law. The four duties prescribed by the constitution are: 1)

to serve as governor when there is a vacancy in the office of lieutenant governor and

the governor dies, resigns, or is removed from office, or to serve as acting governor

when there is a vacancy in the office of lieutenant governor and the governor is

absent from the state, impeached, or incapable of performing the duties of office; 2)

to keep a fair record of the official acts of the legislature and executive department

of the state; 3) to serve as a member of the board of commissioners for the sale of

public lands; and 4) to keep the great seal of Wisconsin.

Under this proposal, the secretary of state is replaced by the attorney general

in the line of gubernatorial succession. The proposal deletes the requirement that

the secretary of state keep legislative and executive records. The proposal also

removes the secretary of state as a member of the board of commissioners. Under

the proposal, the constitution continues to provide for a great seal, but its placement

is determined by law.

Terms of incumbent

The last election for secretary of state required by the constitution will be the

one held in November 2010. The incumbent will continue to serve until the first

Monday in January 2015.

Board of commissioners

The three-member board of commissioners for the sale of public lands

presently consists of the secretary of state, state treasurer, and attorney general.

Under this proposal, the state superintendent of public instruction becomes a

member.

Second consideration and ratification

A proposed constitutional amendment requires adoption by two successive

legislatures, and ratification by the people, before it can become effective.