AJR 26

This proposed constitutional amendment, proposed to the 2011 legislature on

first consideration, deletes from the constitution the offices of secretary of state and

state treasurer.

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 to:

1) 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 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) keep a fair

record of the official acts of the legislature and executive department of the state; 3)

serve as a member of the Board of Commissioners of Public Lands; and 4) 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 of Public

Lands. Under the proposal, the constitution continues to provide for a great seal, but

its placement is determined by law.

State treasurer

Currently, the only duty assigned to the state treasurer by the constitution is

to serve as a member of the Board of Commissioners of Public Lands; all other duties

are prescribed by law. The proposal removes the state treasurer as a member of the

Board of Commissioners of Public Lands.

Terms of incumbents

Under the proposal, the last election for secretary of state or state treasurer

required by the constitution is the one that was held in November 2010. The

incumbents will continue to serve until the first Monday in January 2015.

Reconciling split ratification

When a proposed constitutional amendment incorporates more than one object

or purpose, the legislature must submit each unrelated object or purpose to the

people for ratification by a separate ballot question. The constitution provides that,

"if more than one amendment be submitted, they shall be submitted in such manner

that the people may vote for or against such amendments separately" [see section 1

of article XII of the constitution].

The changes proposed in this joint resolution are structured to permit

submission of the amendment for ratification by separate ballot questions relating

to each of the offices to which the amendment relates.

Board of Commissioners of Public Lands

The three-member Board of Commissioners of Public Lands presently consists