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MILWAUKEE ALLIANCE v. ELECTIONS BOARD

No. 81-2193.

106 Wis.2d 593 (1982)

317 N.W.2d 420

MILWAUKEE ALLIANCE AGAINST RACIST & POLITICAL REPRESSION, an unincorporated association, and David Randall Luce, Plaintiffs-Appellants, v. ELECTIONS BOARD OF the STATE OF WISCONSIN, et al., Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 26, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Sandra Edhlund and Arthur Heitzer, both of Milwaukee, and Lester A. Pines of Madison, cooperating attorneys, Wisconsin Civil Liberties Union Foundation, and oral argument by Ms. Edhlund.

For the defendants-respondents there was a brief and oral argument by Kevin J. Kennedy, state elections board, of Madison.

Amicus Curiae brief was filed by Christopher C. Meyer of Madison, for The Assembly Committee on Organization.

Amicus Curiae brief was filed by Raymond M. Dall'Osto and Marvin Benton, both of Milwaukee, for District Council 48, American Federation of State, County and Municipal Employees, AFL-CIO; Esperanza Unida; National Association for the Advancement of Colored People — Milwaukee Chapter; Milwaukee Urban League; National Association of Blacks in Criminal Justice — Milwaukee Chapter; National Lawyers Guild — Milwaukee Chapter; State Public Defender of Wisconsin; Vote No on Bail Amendment Committee; Latin American Union for Civil Rights, Inc.; and Casa Maria.

Amicus Curiae brief was filed by Donald K. Schott of Milwaukee, for The Milwaukee Young Lawyers Association.

STEINMETZ, J.

There are two controlling issues to be considered in this case:

(1) Was 1981 Enrolled Joint Resolution 8 (1981 Assembly Joint Resolution 5) properly submitted to the electors for ratification as a single question pursuant to Article XII, sec. 11 of the Wisconsin Constitution?

(2) Did the submission of 1981 Enrolled Joint Resolution 8 (1981 Assembly Joint Resolution 5) comply with

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