The Constitution and Democracy: What in the Election is Going On?!

On this blog I answer questions regarding Constitutional issues of significance in the democratic process. Archived articles focus on legal issues arising out of the passage of Act 10 in Wisconsin. Questions can be submitted to me directly at andrea@toholaw.com. While I will endeavor to answer all legitimate questions submitted, I reserve the right to ignore questions that are vague, overly argumentative, or outside of my areas of expertise. When I post an answer to a question, I will also note on facebook and twitter that I have added a post to this blog. I can be followed on twitter as amfhoeschen.

Friday, March 18, 2011

Can Walker Protect Himself From Recall by Changing the Recall Laws?

The provision governing recall elections is an article of the Wisconsin Constitution, not a statute - Article XIII, Section 12, to be exact. The process for changing a constitutional article is more complicated and time-consuming than changing a statute, and cannot be completed in less than two years.

An amendment to an article of the Constitution must first pass both the state assembly and the state senate.  Then the amendment must be referred to the next legislature chosen in the next general election.  The amendment must be published for three months before being voted upon by the new legislature.  If the amendment passes both houses of the new legislature, it must be put to the voters of the state and approved by a majority of voters.  If the amendment is approved by the majority of voters, it becomes part of the Wisconsin Constitution.  The amendment provisions of the Constitution are in Article 12, Section 1.

2 comments:

  1. It seems there are protections the GOP could have added to make recall more difficult. They could have banned pay-per-sig employment, prohibited individuals not residing in a district from collecting sigs, they could require that valid signatures include both printed and signed names for verification purposes.
    But to do so would have been to indite the GOP's own process for recalling officials.

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  2. Could the legislature pass a bill that made it considerably more difficult to attempt a recall? Such as requiring a petitioner to pay the state thousands of dollars per signature submitted or the like, and still be constitutional?

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