AB689: Bill Text

AB689, s. 23 Section 23. 8.05 (1) (L) of the statutes is created to read:

AB689,14,20 8.05 (1) (L) Whenever a caucus is used to nominate candidates for town or village offices, the preferential voting method shall not be used. If a town or village institutes a nonpartisan primary, the preferential voting method may be substituted as provided in s. 5.20.

AB689, s. 24 Section 24. 8.05 (3) (a) of the statutes is amended to read:

AB689,15,4 8.05 (3) (a) In lieu of sub. (1) Except as provided in s. 8.11 (6), the electors either by referendum or at the town meeting may, in lieu of holding a caucus under sub. (1), provide for nomination of elective town office candidates at a nonpartisan primary conducted as provided in sub. (5). The nomination papers shall be signed by not less than 20 nor more than 100 electors of the town. The nomination papers shall be circulated not sooner than December 1 preceding the election and shall be filed with the town clerk not later than 5 p.m. the first Tuesday in January, or the next day if Tuesday is a holiday.

AB689, s. 25 Section 25. 8.05 (4) (a) of the statutes is amended to read:

AB689,15,10 8.05 (4) (a) A Except as provided in s. 8.11 (6), a majority of the governing body of any village may provide under s. 8.11 (1) (a) and (b) that candidates for elective village office shall be nominated by a nonpartisan primary, under sub. (5). Determination of the governing body to provide for such primary under s. 8.11 (1) (a) shall be made not later than December 1 preceding the election.

AB689, s. 26 Section 26. 8.11 (1) (a) to (c) of the statutes are amended to read:

AB689,15,16 8.11 (1) (a) A Except as provided in sub. (6), a primary may be held in any city for the nomination of candidates for city office. When a majority of all the members of the governing body of a city decide upon a spring primary for any specific election, they shall so provide not later than 3 days after the deadline for filing nomination papers.

AB689,15,19 (b) Any Except as provided in sub. (6), any city may provide by charter ordinance, under s. 66.0101, that whenever 3 or more candidates file nomination papers for a city office, a primary to nominate candidates for the office shall be held.

AB689,15,24 (c) Whenever Except as provided in sub. (6), whenever electors, equal to at least 10% of the vote for governor in the city at the last general election, file a petition conforming to the requirements of s. 8.40 with the city clerk requesting a primary within 3 days after the deadline for filing nomination papers, there shall be a primary for any specific election.

AB689, s. 27 Section 27. 8.11 (2), (2m) and (5) of the statutes are amended to read:

AB689,16,4 8.11 (2) Milwaukee County. A Except as provided in sub. (6), a primary shall be held in counties having a population of 500,000 or more whenever there are more than twice the number of candidates to be elected to any judicial office within the county or to the county board of supervisors from any one district.

AB689,16,8 (2m) First class city school board. A Except as provided in sub. (6), a primary shall be held in 1st class cities whenever there are more than 2 candidates for member of the board of school directors at-large or from any election district in any year.

AB689,16,11 (5) County supervisors. A Except as provided in sub. (6), a primary shall be held in an election for county board supervisor whenever 3 or more candidates file nomination papers.

AB689, s. 28 Section 28. 8.11 (6) of the statutes is created to read:

AB689,16,15 8.11 (6) Preferential voting; exception. If a primary is authorized or required in an election for a local office and the preferential voting method is adopted for use in elections for that office under s. 5.20, no primary shall be held.

AB689, s. 29 Section 29. 8.50 (3) (b) of the statutes is amended to read:

AB689,17,6 8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. No primary shall be held in a special election for any local office if the preferential voting method is used in that election. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

AB689, s. 30 Section 30. 9.10 (3) (d) of the statutes is amended to read:

AB689,17,18 9.10 (3) (d) If more than 2 persons compete for a nonpartisan office, a recall primary shall be held. The names of the 2 persons receiving the highest number of votes in the recall primary shall be certified to appear on the ballot in the recall election, but if any person receives a majority of the total number of votes cast in the recall primary, a recall election shall not be held. If the incumbent receives a majority of the votes cast, the incumbent shall be retained in office for the remainder of the term. If another candidate receives a majority of the votes cast, that candidate shall be elected to serve for the residue of the unexpired term of the incumbent. Write-in votes are permitted only at a recall primary or at a recall election in which no primary is held. The preferential voting method shall not be used in a recall election for county office.

AB689, s. 31 Section 31. 10.02 (3) (intro.) of the statutes is amended to read:

AB689,17,20 10.02 (3) (intro.) The notice shall contain the following:

AB689,17,21 FACSIMILE BALLOT NOTICE

AB689,17,22 OF .... ELECTION

AB689,17,23 Office of .... [County] [Municipal] Clerk.

AB689,17,24 To the Electors of .... [County] [Municipality]:

AB689,18,7 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB689,18,8 INFORMATION TO ELECTORS

AB689,18,12 Except as provided in sub. (4) and except where a different statement is prescribed by the board for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB689, s. 32 Section 32. 10.02 (4) of the statutes is created to read:

AB689,18,15 10.02 (4) The board shall prescribe by rule the content of type B notices to be used at all elections at which the preferential voting method is used.

AB689, s. 33 Section 33. Initial applicability.

AB689,18,18 (1) The treatment of sections 7.08 (1) (c) and 7.51 (4) (a) and (5) (a) of the statutes first applies with respect to the 2006 spring primary election.

AB689, s. 34 Section 34. Effective date.

AB689,18,21 (1) This act takes effect on January 1, 2006, or the day after publication, whichever is later.

AB689,18,22 (End)