NOTICE OF REFERENDUM ELECTION
August 13, 2024
NOTICE IS HEREBY GIVEN, that at an election to be held in the several towns, villages,
wards, and election districts of the State of Wisconsin, on Tuesday, August 13, 2024, the
following questions will be submitted to a vote of the people pursuant to law:
2023 Assembly Joint Resolution 6
Enrolled Joint Resolution
To create section 35 of article IV of the constitution; relating to: the appropriation authority
of the legislature and the allocation of moneys Wisconsin receives from the federal
government (second consideration).
Whereas, the 2021 legislature in regular session considered a proposed amendment to the
constitution in 2021 Senate Joint Resolution 84, which became 2021 Enrolled Joint
Resolution 14, and agreed to it by a majority of the members elected to each of the two
houses, which proposed amendment reads as follows:
SECTION 1. Section 35 of article IV of the constitution is created to read:
[Article IV] Section 35 (1) The legislature may not delegate its sole power to determine how
moneys shall be appropriated.
(2) The governor may not allocate any federal moneys the governor accepts on behalf of
the state without the approval of the legislature by joint resolution or as provided by
legislative rule.
SECTION 2. Numbering of new provision. If another constitutional amendment ratified by
the people creates the number of any provision created in this joint resolution, the chief of
the legislative reference bureau shall determine the sequencing and the numbering of the
provisions whose numbers conflict.
Now, therefore, be it resolved by the assembly, the senate concurring, That the
foregoing proposed amendment to the constitution is agreed to by the 2023 legislature; and,
be it further
Resolved, That the foregoing proposed amendment to the constitution be submitted to a
vote of the people at the election to be held on the second Tuesday of August 2024; and,
be it further
Resolved, That the questions concerning ratification of the foregoing proposed
amendment to the constitution be stated on the ballot as follows:
QUESTION 1: “Delegation of appropriation power. Shall section 35 (1) of article IV of the
constitution be created to provide that the legislature may not delegate its sole power to
determine how moneys shall be appropriated?"
QUESTION 2: “Allocation of federal moneys. Shall section 35 (2) of article IV of the
constitution be created to prohibit the governor from allocating any federal moneys the
governor accepts on behalf of the state without the approval of the legislature by joint
resolution or as provided by legislative rule?”
EXPLANATORY STATEMENTS AS TO THE TWO QUESTIONS
Explanatory statement regarding Question 1:
The Wisconsin Constitution requires the legislature to appropriate funds from the state
treasury only by passing a law, which requires a vote by both houses of the legislature. Wis.
Const. art. VIII, § 2. Question 1 would add a new provision to say that the legislature cannot
delegate this “sole” power to appropriate funds.
A “yes” vote on Question 1 would vote to create a new provision of the Wisconsin
Constitution—Wis. Const. art. IV, § 35(1). That provision would prohibit the legislature from
delegating its duty that it pass a law in order to appropriate money from the treasury under
Wis. Const. art. VIII, § 2.
A “no” vote on Question 1 would vote not to add Wis. Const. art. IV, § 35(1) to the
Wisconsin Constitution.
Explanatory statement regarding Question 2:
In times when Wisconsin receives undesignated federal funds from the U.S. government,
the Wisconsin Constitution does not limit the ability of the governor to choose how the funds
he accepts are divided among state and local agencies. Question 2 would add a new
provision to the Constitution to prohibit the governor from choosing how to allocate such
federal funds he accepts unless the legislature, through a joint resolution or some other
process to be developed by the legislature, agrees with the governor’s proposed allocation
of those funds.
A “yes” vote on Question 2 would vote to create a second new provision of the Wisconsin
Constitution—Wis. Const. art. IV, § 35(2), which would prohibit the governor from choosing
how to allocate undesignated federal monies he accepts unless the legislature, by joint
resolution or other process, agrees with the governor’s proposed allocation of such funds.
A “no” vote on Question 2 would vote not to add Wis. Const. art. IV § 35(2) to the Wisconsin
Constitution.
Sincerely
Done in the City of Eagle River,
on this 24th day of June, 2024.
Kimberly A. Olkowski, Vilas County Clerk