Death Penalty Referendum

Legislation Introduced to Reinstate the Death Penalty

3/30/2007

Wisconsin voters approved an advisory referendum on November 7 by a margin of 55.5% to 44.5% in support of restoring the death penalty. The approved language reads: “Should the death penalty be enacted in the State of Wisconsin for cases involving a person who is convicted of first-degree intentional homicide, if the conviction is supported by DNA evidence?” The referendum was advisory and has no binding effect—this referendum did not reinstate the death penalty in Wisconsin.

Senator Alan Lasee (R-De Pere) introduced a bill in late March to reinstate the death penalty in Wisconsin, hoping to use the result of the referendum vote to bolster an effort to pass death penalty legislation. However, with death penalty opponent Jim Doyle winning reelection as Governor, the Senate majority changing to the Democrats and the Assembly Republican majority cut to five seats, it is very unlikely that the death penalty will move forward during the 2007-08 legislative session. Even when both Houses were a Republican majority, legislation to reinstate the death penalty was not successfully passed.

The Wisconsin Jewish Conference, along with many in the faith, human rights and civil liberty communities, strongly opposed the referendum. Wisconsin abolished its death penalty in 1853.

Death Penalty Referendum Passes
Unlikely to Move Forward this Session
1/25/2007

Wisconsin voters approved an advisory referendum on November 7 by a margin of 55.5% to 44.5% in support of restoring the death penalty. The approved language reads: “Should the death penalty be enacted in the State of Wisconsin for cases involving a person who is convicted of first-degree intentional homicide, if the conviction is supported by DNA evidence?”

The Wisconsin Jewish Conference, along with many in the faith, human rights and civil liberty communities, strongly opposed the referendum. Wisconsin abolished its death penalty in 1853.

The referendum is advisory and has no binding effect—this referendum did not reinstate the death penalty in Wisconsin. Death penalty supporters hoped to use the result to bolster an effort to pass death penalty legislation.

However, with death penalty opponent Jim Doyle winning reelection as Governor, the Senate majority changing to the Democrats and the Assembly Republican majority cut to five seats, it is very unlikely that the death penalty will move forward during the 2007-08 legislative session.

Even the measure’s lead sponsor, Senator Alan Lasee (R-De Pere), admits that the prospects for reinstating the death penalty in Wisconsin are slim in the near future. "It's going to take some time and some encouraging, and maybe another election cycle or two," he said.

On May 16, 2006, the Wisconsin State Senate approved the Assembly amendments to Senate Joint Resolution 5 by a vote of 18-15 after several hours of debate. SJR 5 requires a statewide advisory referendum this November on the death penalty. Republican Senators Glenn Grothman and Mary Lazich joined almost all Democrats against SJR 5. Democrat Senator Roger Breske voted with the majority. SJR 5 now has cleared the Legislature; there is no action required by the Governor. The question will be on the November ballot.

The referendum question will read: “Should the death penalty be enacted in the State of Wisconsin for cases involving a person who is convicted of first-degree intentional homicide, if the conviction is supported by DNA evidence?”

Three amendments were offered during the debate, but all were defeated. The first, offered by Senator Mark Miller, would have changed the word “person” to “adult.” The way the amendment is drafted, it applies to a “person,” which could include a child. That amendment was defeated by a party-line vote of 19-14. Another amendment, offered by Senators Miller, Plale, Carpenter, Robson, Risser, and Taylor, would change “person” to “competent adult.” That was also defeated by a 19-14 party-line vote.

Finally, Senator Fred Risser offered an amendment that would have moved the date of the referendum from the November General election to the September Primary election, but it was defeated by a vote of 17-16 with Senators Grothman and Lazich joining the Democrats.
SJR 5 represents a new a new legislative strategy by death penalty proponents. Rather than introducing a bill to establish a death penalty in Wisconsin, which has repeatedly failed in the past, this resolution will instead put the question to a statewide vote in the form of an advisory referendum. Death penalty opponents are concerned that a referendum supporting the death penalty will put a great deal of pressure on some lawmakers to support subsequent legislation.

Senate President Alan Lasee (R-De Pere) introduced SJR 5 in February of 2005, calling for a referendum endorsing the death penalty in cases involving a person who is convicted of multiple first-degree intentional homicides if the homicides are vicious and the convictions are supported by DNA evidence. The Senate Committee on Judiciary, Corrections and Privacy held a public hearing on December 8, 2005 at which the Wisconsin Jewish Conference registered in opposition to the proposal. The full Senate approved an amended version of the resolution on March 7, 2006, by a vote of 20-13, and the Assembly further amended and passed SJR 5 on May 4, 2006, by a vote of 47-45. The Senate concurred in the changes on May 16th.