League of Women Voters of Wisconsin v. Tony Evers

2019 WI 75, 929 N.W.2d 209, 387 Wis. 2d 511
CourtWisconsin Supreme Court
DecidedJune 21, 2019
Docket2019AP000559
StatusPublished
Cited by29 cases

This text of 2019 WI 75 (League of Women Voters of Wisconsin v. Tony Evers) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
League of Women Voters of Wisconsin v. Tony Evers, 2019 WI 75, 929 N.W.2d 209, 387 Wis. 2d 511 (Wis. 2019).

Opinions

REBECCA GRASSL BRADLEY, J.

*213*518¶1 We accepted the League of Women Voters of Wisconsin's1 petition to bypass the court of appeals in order to *519decide whether the Wisconsin Legislature's December 2018 extraordinary session comported with the Wisconsin Constitution. The League maintains that extraordinary sessions are unconstitutional; therefore, all legislation passed during the December 2018 session is void ab initio and the Senate's confirmation of 82 gubernatorial appointees during the session was invalid.2 Governor Tony Evers agrees with the League. The Legislature argues that extraordinary sessions clearly conform with the Wisconsin Constitution and Wis. Stat. § 13.02 (2017-18), making the passage of the three Acts as well as the appointments entirely lawful.3 The circuit court agreed with the League and the Governor, declared the Acts unconstitutional, and issued a temporary injunction enjoining the enforcement of all three Acts and vacating all 82 appointments.

¶2 We hold that extraordinary sessions do not violate the Wisconsin Constitution because the text of our constitution directs the Legislature to meet at times as "provided by law," and Wis. Stat. § 13.02(3) provides the law giving the Legislature the discretion to construct its work schedule, including preserving times for it to meet in an extraordinary session. The work schedule the Legislature formulated for its 2017-2018 biennial session established the beginning and end dates of the session period and specifically contemplated the convening of an extraordinary session, *520which occurred within the biennial session. The circuit court invaded the province of the Legislature in declaring the extraordinary session unconstitutional, enjoining enforcement of the three Acts, and vacating the 82 appointments. We vacate the circuit court's order and remand the matter to the circuit court with directions to dismiss the League's complaint.4 *214I. BACKGROUND

¶3 The biennial session period for the 2017 Legislature began on Tuesday, January 3, 2017 and ended at noon on Monday, January 7, 2019. The Legislature adopted its work schedule in 2017 Senate Joint Resolution 1, which was "[r]esolved by the senate, the assembly concurring." (Hereinafter "JR1".)

¶4 JR1 contains two "Sections." "Section 1" has six subsections:

• Subsection (1) lists the dates of the 2017-2018 session-January 3, 2017 to January 7, 2019.
• Subsection (2) extends the statutorily prescribed budget deadline.
• Subsection (3) sets forth "Scheduled floorperiods and committee work periods."
• Subsection (4) sets the timeframe for the "Interim period of committee work."
*521• Subsection (5) addresses "Special and Extraordinary Sessions."
• Subsection (6) specifies the date for the "End of Term" of the 2017 legislature.

¶5 Subsection (3) of Section 1 contains 24 paragraphs labeled (a) through (x). Paragraph (3)(a) addresses "Unreserved days" and provides:

Unless reserved under this subsection as a day to conduct an organizational meeting or to be part of a scheduled floorperiod of the legislature, every day of the biennial session period is designated as a day for committee activity and is available to extend a scheduled floorperiod, convene an extraordinary session, or take senate action on appointments as permitted by joint rule 81.

(Emphasis added.) Paragraphs (3)(b)-(x) set specific dates for "Inauguration," "Floorperiod[s]," "Bills to governor," "Nonbudget bills to governor," "Budget bill to governor," "Last general-business floorperiod," "Limited-business floorperiod," and "Veto review floorperiod."

¶6 Subsection (5) of Section 1, titled "Special and Extraordinary Sessions" comprises three paragraphs. Paragraph (5)(a) provides:

Adjournment. Except for consideration of executive vetoes or partial vetoes, a motion adopted in each house to adjourn a special or extraordinary session pursuant to this joint resolution shall constitute final adjournment of the special or extraordinary session.

Paragraph (5)(b) provides:

Bills to governor. No later than 4:30 p.m. on the first Thursday occurring 2 full weeks after the day a bill is *522passed by both houses in identical form after May 9, 2018, in special or extraordinary session, the chief clerk of the house in which it originated shall submit it to the governor for executive action thereon.

Paragraph (5)(c) provides:

Veto review. A special or extraordinary session shall reconvene upon a call of a majority of the members of the joint committee on legislative organization solely for the consideration of executive vetoes or partial vetoes if an enrolled bill passed by both houses during the special or extraordinary session was vetoed or partially vetoed.

¶7 The last subsection of Section 1 sets the "end of term" and provides:

The biennial term of the 2017 legislature ends on Monday, January 7, 2019. Pursuant to section 13.02(1) of the statutes, the inauguration of the members of the 2019 legislature will be on Monday, January 7, 2019.

*215¶8 Finally, Section 2 of JR1 provides notice of the first meeting date for the 2019 session organization:

Notice is hereby given that the biennial session of the 2019 legislature will hold its first meeting, pursuant to section 13.02(1) of the statutes, on Monday, January 7, 2019, and that the meeting will begin at 2 p.m.

¶9 In December 2018, acting pursuant to JR1, Section 1, para. (3)(a), the Legislature convened an extraordinary session and passed three Acts that were subsequently signed into law by Governor Scott Walker: (1) 2017 Wisconsin Act 368, (2) 2017 Wisconsin Act 369, and (3) 2017 Wisconsin Act 370. During *523the same extraordinary session, the Senate also confirmed 82 appointees nominated by Governor Walker.5

¶10 On January 10, 2019, the League filed a summons and complaint seeking a declaratory judgment and injunctive relief.

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Bluebook (online)
2019 WI 75, 929 N.W.2d 209, 387 Wis. 2d 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-women-voters-of-wisconsin-v-tony-evers-wis-2019.