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Wisconsin Constitution – Construction: Effective Date of Amendment to Wisconsin Constitution

State v. Adam S. Gonzales, 2002 WI 59, on certification
For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate

Issue: Whether an amendment to the Wisconsin constitution takes effect upon vote of the electors, or only when the chair of the Elections Board certifies the statewide canvass of votes.

Holding: The legislature has authority under Article XII, Section 1 of the Wisconsin Constitution to adopt reasonable election laws such as Wis. Stat. § 7.70(3)(h) to provide that state constitutional amendments are effective after canvass and certification. ¶30. Therefore, unless a constitutional amendment provides otherwise, it takes effect upon certification of a statewide canvass of votes as provided in Wis. Stat. § 7.70(3)(h). ¶25.

The underlying issue — constitutionality of the carrying concealed weapon law — has been decided in two separate cases: State v. Phillip Cole, 2003 WI 112; and State v. Munir A. Hamdan, 2003 WI 113.

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