Wisconsin Constitution Article XIII - Miscellaneous Provisions

Wisconsin Constitution – Article XIII: Miscellaneous Provisions

Article XIII of the Wisconsin Constitution covers miscellaneous topics that do not fall neatly under other constitutional categories. These provisions include oaths of office, restrictions on certain officials, limitations on land ownership, and various unique regulations.

🔹 Key Sections of Article XIII:

Section 1 – Oath of Office

Every public officer (legislative, executive, judicial) must take an oath to support the U.S. and Wisconsin Constitutions and faithfully discharge their duties.

The text of the oath is specified.

Section 2 – Eligibility of Felons

Persons convicted of a felony are ineligible to hold public office unless their civil rights are restored.

Section 3 – Restrictions on Dueling

Anyone involved in a duel (as a principal or second) is barred from holding office.

Section 4 – Repealed

Section 5 – Credit Not to Be Loaned

The state shall not loan its credit in aid of any individual, association, or corporation.

Section 6 – Aliens and Land Ownership

Non-citizens can acquire and own property, subject to future regulation or restrictions by law.

Section 7 – Legislature to Declare Offices of Profit

The legislature must define what constitutes an “office of profit.”

Section 8 – Removal of County Seats

Specifies how a county seat may be changed by vote.

Section 9 – Removal of Officers

Describes processes for removing public officers from office for misconduct or malfeasance.

Section 10 – Vacancy in Legislature

Allows for filling of legislative vacancies as prescribed by law.

Section 11 – Bribery and Corruption

Any person offering or receiving a bribe in a public election is disqualified from voting or holding office.

Section 12 – Recall of Elected Officials

Allows voters to recall any elective public officer after one year in office, via petition and special election.

Section 13 – Marriage Definition (Declared Unconstitutional by U.S. Supreme Court in 2015)

Previously defined marriage as between one man and one woman.

Overridden by Obergefell v. Hodges, making this section unenforceable.

Section 14 – Gambling Prohibited (with exceptions)

Originally banned all forms of gambling.

Amended over time to permit lotteries, Indian gaming, and other forms as allowed by law.

Section 15 – Name of State

Affirms that the name of the state shall be Wisconsin, and cannot be changed.

✅ Summary:

Article XIII provides a catch-all collection of legal and constitutional provisions affecting eligibility, ethics, property rights, elections, and government structure. Though labeled “miscellaneous,” many of its sections have significant impacts on the functioning and accountability of government in Wisconsin.

 

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