MADISON, WI – Representative Lee Snodgrass (D – Appleton) and Senator Jeff Smith (D- Brunswick) introduced legislation to provide greater clarity to existing state statute requiring a legislator to have legal residency in the district they represent.
It is a constitutional requirement that candidates physically live in the Assembly or Senate district they are running in. However, members of both parties have used a second home or apartment outside of their primary residence, or have vacated or failed to move into their district within the statutory timeline. To be clear, this is illegal under current law. The Attorney General could investigate allegations that a legislator resides outside of their district and submit the findings to the presiding officer of the legislature, who then has the sole authority to declare that district vacant. Current definitions of residence, however, are vague and allow a legislator to claim residency in more than one location at the same time.
“Honest representation requires residency. It’s as simple as that,” said Rep. Snodgrass. “The reason district lines exist is to ensure that elected leaders live amongst the people they represent and can speak with authority and experience on the needs of that district as a resident themselves.”
Rep. Snodgrass pointed to a recent example involving former 56th Assembly District representative Dave Murphy, who sold his Greenville home in the 56th District and moved to a home in the 52nd District. “While I welcome Dave and his wife to my district, the people of the 56th deserve representation from someone who actually lives there,”
This bill would require each legislator, once a year, to submit to the Legislative Reference Bureau and the chief clerk a sworn statement certifying residency in the district they were elected to represent. Legislators would also be required to provide two forms of identification consistent with documents used to establish proof of residence for voter registration. These changes clarify the residency statute and provides guidance to the Attorney General regarding evidence necessary to pursue a writ of quo warranto to declare an office vacant.
Senator Smith noted another example of Senator Jesse James, who currently represents the 23rd Senate District. Senator James claims his Altoona home as his primary residence for claiming the lottery tax credit, but also claims his primary residence in Thorp for voting.
“Public trust depends on transparency and accountability. When voters elect someone to represent their community, they deserve to know that person truly lives there,” said Sen. Jeff Smith. “This legislation strengthens confidence in our democratic institutions by making residency requirements clear, enforceable and fair for everyone.”
