The Legislature, Legislative Procedure, and the Joint Legislative Council

In Service Employees International Union, Local 1 (SEIU) v. Robin Vos, 2020 WI 67, the Wisconsin Supreme Court examined legislation from the Legislature’s 2018 extraordinary session and declared that laws relating to legislative involvement in litigation, capitol security, multiple suspensions of administrative rules, and agency deference survive a facial challenge to their constitutionality. The Court found that specified provisions affecting administrative agency “guidance documents” are unconstitutional, however. This issue brief provides relevant background information and briefly summarizes the Court’s decision.

The Joint Legislative Council was created by state law in 1947 and is composed of 22 legislators, including all of the legislative leadership.

Wisconsin law prohibits legislators from “logrolling,” which consists of offering, promising, or giving one’s vote or influence in favor of or against one measure in exchange for another legislator promising or giving his or her vote or influence in favor of or against a different measure. Wisconsin law also prohibits a legislator from engaging in this conduct in exchange for the Governor agreeing to veto or sign a different measure or agreeing to nominate, appoint, or remove any person from office. The maximum penalty for violating either prohibition is a $10,000 fine, imprisonment not to exceed three years and six months, or both.

Legislators are not prohibited from: (1) making agreements to support any single measure on the condition that certain changes be made in that particular measure; or (2) making agreements to reach a compromise between conflicting provisions contained in separate measures.