Laws governing local ballot measures in Wisconsin
All Wisconsin cities and villages have an initiative process for local ballot measures.
This article sets out the laws governing local ballot measures in Wisconsin. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 72 counties, 1,850 cities, towns, and villages, and 703 special districts.[1]
School districts
Wisconsin has a revenue cap that limits the amount of property tax revenue school districts can bring in. If any school district wants to exceed revenue limits, they are required to have a ballot measure submitted to the people. Wisconsin also requires ballot measures for any school bonding that exceeds one million dollars. However, Wisconsin has generous exemptions to these requirements. For example, school districts are exempt from the voter approval required to issue new bonding if the district is ordered by a state or federal court to remove hazardous substances or to be in compliance with fire standards. Also, school districts are exempt from bond elections if they are purchasing or detaching property from a former consolidated school district.
Ballot Law Portal |
Laws Governing Ballot Measures |
Local recall rules
The citizens of Wisconsin are granted the authority to perform a recall election by Section 12 of Article XIII of the Wisconsin Constitution. This section was added to the Wisconsin Constitution in 1926; it was amended in April 1981.
§§9.1 0(1) and (3), Wis. Stats. are the statutory expression of how recall campaigns are to be conducted in Wisconsin.
- For additional detail, see: Laws governing recall in Wisconsin
Campaign Finance Rules
Initiative process availability
A guide to local ballot initiatives | |
---|---|
Cities and villages have a state set initiative process in Wis. Stat. § 9.20 that may be used to propose and vote on regular ordinances or charter ordinances.
However, court decisions have limited the subject matter available for initiative. An ordinance initiated under Wis. Stat. § 9.20: 1) must be legislative as opposed to administrative or executive in nature; 2) cannot repeal (or conflict with) an existing ordinance; 3) may not exceed the legislative powers conferred upon the governing municipal body; and 4) may not modify statutorily prescribed procedures or standards (which includes zoning). The restriction on conflicting with existing ordinances limits the initiative power compared with other states.[2][3]
Authority
Constitution
There are no explicit constitutional provisions for local initiative. However, Wisconsin Constitution, Article XI, Section 3 grants home rule power to cities and villages.
Statutes
- Wis. Stat. Section 9.20 authorizes initiative. See law: Wis. Stat. § 9.20
- Wis. Stat. Section 61.342 states that section 9.20 is applicable to villages. See law: Wis. Stat. § 61.342
- Wis. Stat. Section 66.0101(6) states that section 9.20 is available for charter ordinances. See law: Wis. Stat. § 66.0101(6)
Initiative process features
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
|
Initiative process in the top 10 most populated cities
The top 10 most populated cities are all subject to the state set initiative process.
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Leagle, "Mount Horeb Community Alert v. Village Board of Mt. Horeb, 263 Wis. 2d 544, 665 N.W.2d 229 (2003)," accessed August 23, 2013
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
External links
- Ballotpedia: Research document of Wisconsin local I&R laws
- League of Wisconsin Municipalities
- Wisconsin Legislative Reference Bureau, July 2004, Vol. IV, No. 3
|