SCR 10.08. Referendum procedure

Referendum procedure. (1) Time of holding. All

referendums shall be conducted in any calendar year at the same time

as and simultaneous with the election of officers and members of the

board of governors of the state bar.

(2) Time for filing request. In order to be submitted to the

membership in the regularly scheduled spring elections, petitions for

referendum initiated by members of the state bar must be filed at the

state bar headquarters no later than the first business day in January.

Nothing in this rule is intended to prohibit the submission of

referendum petitions at any time in the preceding calendar year after

the completion of state bar elections for that year. Any referendum

authorized by the board of governors shall be authorized on or before

February 28 of the calendar year in which the referendum is to be held.

(3) Subject matter of referendum. (a) A referendum may inquire

as to the opinion of members on any matter of public policy which is

properly the subject of any action by the association, including

proposals for change in the rules or bylaws of the association, except

no referendum may be held on administrative or personnel matters and

expenses or retroactively on dues.

(b) The same substantive question shall not be submitted to the

members by referendum more frequently than one time in two calendar

years.

(4) Governors may initiate. The board of governors may, by the

affirmative vote of two-thirds of its membership, refer to the active

members of the association for determination by ballot any appropriate

question of public policy, as provided in sub. (3).

(5) Members may initiate by petition. When required by petition

as set forth herein, the board of governors shall submit for

determination by the members of the association any question

appropriate for referendum, as provided in sub. (3).

(a) The petition shall succinctly and clearly state the question to

be submitted by referendum.

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question of public policy, as provided in sub. (3).

(5) Members may initiate by petition. When required by petition

as set forth herein, the board of governors shall submit for

determination by the members of the association any question

appropriate for referendum, as provided in sub. (3).

(a) The petition shall succinctly and clearly state the question to

be submitted by referendum.

(b) A referendum must be requested by petitions containing the

signatures of 1,000 members of the state bar eligible to vote.

(c) Each petition shall contain (i) the member's signature and full

name clearly printed or typed, (ii) the address of the member's principal

office for the practice of law and (iii) the date on which the petition was

signed.

(d) Each petition shall be circulated by an active member in good

standing of the state bar.

(e) The petitions shall be verified by the circulator who shall

swear that the circulator personally obtained all signatures set forth on

the petition and knows them to be members of the state bar as

represented therein.

(f) The 1,000 signatures required shall include not less than 50

signatures from each of six separate districts from which members of

the state bar board of governors are elected.

(g) All signatures must be obtained within a period of ninety days

before the date the petition is filed.

(h) The petition shall designate the person to be notified of any

insufficiency or improper form under sub. (7).

(j) Members can obtain a petition form from the executive

director.

(k) Non-resident members are considered to reside in a single,

non-resident district.

(6) Procedure for filing petition.

must be obtained within a period of ninety days

before the date the petition is filed.

(h) The petition shall designate the person to be notified of any

insufficiency or improper form under sub. (7).

(j) Members can obtain a petition form from the executive

director.

(k) Non-resident members are considered to reside in a single,

non-resident district.

(6) Procedure for filing petition.

(a) The petition must be complete when filed with the state bar

headquarters. Upon filing, the petition shall be examined by the state

bar executive director or his or her designee in order to determine all of

the following:

1. Whether the question is properly the subject of a referendum.

2. Whether the signatures are of members of the state bar who

are eligible to vote.

3. Whether the signatures satisfy the geographic distribution and

time requirements set forth in sub. (5)(f) and (g).

4. Whether the petition is otherwise in order as required by this

section.

(b) The ruling of the executive director shall be communicated

to the person designated in the petition as soon as practicable and within

2 weeks after the date on which the petition is filed.

(7) Framing the question. Upon receipt by the state bar of a

referendum petition as described above and certification by the

executive director as to the validity of the petition, the state bar

president shall appoint a committee to frame the exact question to be

submitted to the members. That committee shall include the person

designated in the petition. The committee shall be responsible for

framing the question in a form that is clear, intelligible and meaningful.

s described above and certification by the

executive director as to the validity of the petition, the state bar

president shall appoint a committee to frame the exact question to be

submitted to the members. That committee shall include the person

designated in the petition. The committee shall be responsible for

framing the question in a form that is clear, intelligible and meaningful.

(8) Final certification by board of governors. Any dispute as to

the certification of the validity of the petition by the executive director,

or the framing of the question by the special committee described

above, shall be submitted to the board of governors who shall determine

the validity of the petition and the form in which the question shall

appear on the referendum ballot.

(9) Publication of question. As to all questions to be submitted

to the members by referendum, space in a reasonable amount shall be

provided to both the proponents and the opponents of the proposition.

This space shall be made available without charge in the state bar's

official publication one month prior to distribution of the referendum

ballots or in another state bar distribution to all eligible voters. State

bar mailing lists shall be equally available at the same costs to both

proponents and opponents of any referendum.

(10) Conduct of election. The distribution of the ballots, the

return of the ballots, the counting of the ballots and the reporting of the

results shall be conducted in the same manner as set forth in article 3,

sections 4 through 8 of the bylaws for the election of the board of

governors.

(11) Binding effect. A referendum receiving an affirmative vote

of a majority of the votes cast, provided that at least 25% of the eligible

voters vote, shall establish state bar policy until such time as that policy

may be changed or modified according to the requirements of supreme

court rules or state bar bylaws.