SB 205

Current law requires that each proposed constitutional amendment, contingent referendum, advisory referendum, or other proposal requiring a statewide referendum that is passed by the legislature include a complete statement of the ballot question to be voted on at the referendum. The ballot question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Also under current law, the attorney general must prepare an explanatory statement for each proposed constitutional amendment or other statewide referendum describing the effect of either a “yes” or “no” vote on each ballot question.

This bill eliminates the requirement that the attorney general prepare such an explanatory statement. Instead, the bill requires that each proposal for a constitutional amendment or other statewide referendum that passes both houses of the legislature contain a complete state referendum disclosure notice that includes all of the following:

1. The date of the referendum.

2. The entire text of the ballot question and proposed constitutional amendment or enactment, if any.

3. To the extent applicable, a plain language summary of current law.

4. An explanation in plain language of the effect of the proposed constitutional amendment or other statewide referendum.

5. An explanation in plain language of the effect of a “yes” vote and the effect of a “no” vote.

Under the bill, the content under items 3 to 5 combined may not exceed one page on paper not less than 8 1/2 inches by 11 inches and printed in at least 12-point font.

Under the bill, the complete state referendum disclosure notice agreed to by both houses of the legislature must be included in the type C notice entitled “Notice of Referendum” that each county clerk must provide prior to any referendum. Current law requires that the text of the type C notice be posted at polling places on election day in such a manner as to be readily observed by voters entering the polling place or waiting in line to vote. As such, the complete state referendum disclosure notice must be so posted at the polls on election day. Additionally, for at least 30 days prior to the date of a statewide referendum, the complete state referendum disclosure notice must be published by the Elections Commission on the website used for voter registration, currently titled MyVote Wisconsin, or other voter public access website maintained by the commission and must be posted by each county clerk at the county clerk’s office and published by the county clerk on the county clerk’s website. Finally, the notice must be included with absentee ballots provided to voters for voting in a statewide referendum.