AJR 85

This proposed constitutional amendment, proposed to the 2013 legislature on

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

Secretary of state's duties

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.

Term of incumbent

Under the proposal, the final election for secretary of state required by the

constitution is the one that will be held in November 2014. The incumbent will

continue to serve until the first Monday in January 2019.

Board of Commissioners of Public Lands

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

of the secretary of state, the state treasurer, and the attorney general. Under this

proposal, the state superintendent of public instruction becomes a member in place

of the secretary of state.

Second consideration and ratification

A constitutional amendment requires adoption by two successive legislatures,

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