League of Women Voters of Wisconsin v. Tony Evers
929 N.W.2d 209
Wis.2019Background
- In December 2018 the Wisconsin Legislature, relying on a joint resolution (JR1) adopted under Wis. Stat. § 13.02(3), convened an "extraordinary session," passed Acts 368–370, and the Senate confirmed 82 gubernatorial appointees.
- The League of Women Voters (joined by others) sued in Dane County, seeking declaration that the extraordinary session was unconstitutional and injunctions voiding the Acts and confirmations; the circuit court granted a temporary injunction and vacated the appointments.
- The Legislature intervened; the circuit court denied the Legislature's motion to dismiss. The Legislature appealed and the Wisconsin Supreme Court granted bypass review.
- Central legal question: whether Article IV, § 11 of the Wisconsin Constitution (legislature meets "at such time as shall be provided by law") permits the Legislature, via § 13.02(3) and a JR1 work schedule, to convene an extraordinary session.
- The Supreme Court majority held the extraordinary session constitutional because § 13.02(3) authorizes the joint committee to set a "work schedule" that prescribes when the Legislature may meet; thus JR1 provided the requisite "law." The circuit court's order was vacated and the case remanded for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article IV, § 11’s "provided by law" requirement permits extraordinary sessions convened under a legislative work schedule | Extraordinary sessions are not authorized by § 13.02 and JR1 is not "law" that permits unscheduled convenings; December 2018 meeting was outside the lawful session | § 13.02(3) authorizes the joint committee to develop a work schedule; JR1 is a joint resolution enacted pursuant to that statute and thus satisfies "provided by law" | Held: § 13.02(3) and JR1 satisfy Article IV, § 11; extraordinary session constitutional |
| Whether the Legislature had effectively adjourned sine die in March 2018 so it could not reconvene absent a gubernatorial special session | March 22, 2018 last floorperiod was a sine die adjournment ending the legislative session; later December meeting was therefore invalid | JR1 set the biennial session period through Jan 7, 2019 and contemplated later floorperiods and extraordinary sessions; no sine die adjournment occurred | Held: no sine die adjournment; the biennial session continued under JR1 until Jan 7, 2019 |
| Whether courts may invalidate laws based on internal legislative procedures (separation of powers) | Courts should enforce constitutional limits and can void laws enacted in violation of Article IV § 11 | Judicial interference in internal legislative scheduling and procedures is barred by separation of powers unless constitution mandates | Held: judicial review limited to whether constitution was followed; here Legislature acted within constitution, so courts should not invalidate statutes for internal procedural choices |
| Whether a joint resolution (JR1) counts as the "law" that provides meeting times under Article IV, § 11 | JR1 is not statute; permitting JR1 to satisfy "provided by law" would swallow constitutional limits | JR1 was adopted pursuant to § 13.02(3) and is the statutorily required work schedule submitted as a joint resolution | Held: JR1, enacted under § 13.02(3), meets the "provided by law" requirement |
Key Cases Cited
- State v. City of Oak Creek, 232 Wis. 2d 612 (2000 WI 9) ("provided by law" in constitution refers to statutes)
- State ex rel. Kalal v. Circuit Court for Dane Cty., 271 Wis. 2d 633 (2004 WI 58) (statutory interpretation begins with plain statutory text)
- Milwaukee Journal Sentinel v. DOA, 319 Wis. 2d 439 (2009 WI 79) (courts avoid intermeddling in internal legislative proceedings)
- State ex rel. Thompson v. Gibson, 22 Wis. 2d 275 (1964) (a session may continue after recess; sine die ends the legislature)
- State ex rel. Sullivan v. Dammann, 221 Wis. 551 (1936) (adjournment sine die terminates legislative existence)
- La Follette v. Stitt, 114 Wis. 2d 358 (1983) (judiciary will not police compliance with internal legislative procedural rules)
- Goodland v. Zimmerman, 243 Wis. 459 (1943) (separation of powers confines legislative powers to the legislature)
- Gabler v. Crime Victims Rights Bd., 376 Wis. 2d 147 (2017 WI 67) (core zones of authority for branches; judiciary may invalidate acts that invade other branches’ exclusive powers)