Elections FAQ 2

Is a single felony conviction sufficient to bar a person from holding an elected office?

Is a single felony conviction sufficient to bar a person from holding an elected office?

Yes. Article XIII, sec. 3 of the Wisconsin Constitution was amended in November 1996 to prohibit a person from holding public office or from appearing on a ballot for a state or local office if the person has been convicted of a misdemeanor involving a violation of public trust or a felony, and the person has not obtained a pardon for the conviction. Before amendment, this provision declared a person ineligible for any office of trust, profit or honor in Wisconsin if the person was convicted of an “infamous” crime or was a “defaulter” to the United States or Wisconsin or any Wisconsin county or town, or to any state or territory within the United States. In a 1922 case, the Wisconsin Supreme Court interpreted the “infamous crime” language to mean a felony, but the Court later disavowed a court of appeals decision holding that all felonies are infamous crimes. See Becker v. Green County, 176 Wis. 120, 124, 184 N.W. 715 (1921) and Law Enforcement Standards Bd. v. Lyndon Station, 101 Wis.2d 472, 497, 305 N.W.2d 89, 101 (1981). The constitutional amendment was intended to remove any uncertainty regarding felonies.