SB275-AA19, s. 1
5.02 (3), (5) and (23) of the statutes are amended to read:
"Educational officer" means the state superintendent, a member of the
10Gateway technical college district board,
school board members member
"General election" means the election held in even-numbered years on the 12
Tuesday after the first Monday in November to elect United States senators,
representatives in congress, presidential electors, state senators, representatives to 2
the assembly, district attorneys, state officers other than the state superintendent,
3members of the Gateway technical college district boards,
and judicial officers, and 4
county officers other than supervisors and county executives.
"State office" means the offices of governor, lieutenant governor, secretary 6
of state, state treasurer, attorney general, state superintendent, justice of the 7
supreme court, court of appeals judge, circuit court judge, state senator, state 8
representative to the assembly and,
district attorney, and member of the Gateway
9technical college district board
5.58 (2s) Gateway technical college district board.
In those years when a 12
primary is scheduled, there shall be a separate ballot for member of the Gateway 13
technical college district board. Arrangement of the names on the ballot shall be 14
determined by the government accountability board under s. 5.60 (1) (b). The ballot 15
shall be titled "Official Primary Ballot for Gateway Technical College District 16
5.58 (3) Names on spring ballot.
Only 2 candidates for state superintendent, 20
for any judicial office, for any elected seat on a metropolitan sewerage commission 21
or town sanitary district commission, for member of the Gateway technical college
22district board from any election district,
in counties having a population of 750,000 23
or more, only 2 candidates for the office of comptroller, in counties having a 24
population of 500,000 or more only 2 candidates for member of the board of 25
supervisors within each district, in counties having a population of less than 500,000
only 2 candidates for each member of the county board of supervisors from each 2
district or numbered seat or only 4 candidates for each 2 members of the county board 3
of supervisors from each district whenever 2 supervisors are elected to unnumbered 4
seats from the same district, in 1st class cities only 2 candidates for any at-large seat 5
and only 2 candidates from any election district to be elected to the board of school 6
directors, in school districts electing school board members to numbered seats, or 7
pursuant to an apportionment plan or district representation plan, only 2 school 8
board candidates for each numbered seat or within each district, and twice as many 9
candidates as are to be elected members of other school boards or other elective 10
officers receiving the highest number of votes at the primary shall be nominees for 11
the office at the spring election. Only their names shall appear on the official spring 12
(title) State superintendent Nonpartisan state officers; judiciary;
16county executive; county comptroller; and county supervisors supervisor.
(am) In those years when an election is scheduled, there shall be a 19
separate ballot for each member of the Gateway technical college district board. The 20
government accountability board shall determine the official ballot arrangement for 21
technical college district board candidates by using the same method as that used 22
under par. (b).
(b) The board shall certify the candidates' names and designate the 25
official ballot arrangement for candidates for state superintendent, justice, court of
appeals judge, circuit judge, member of the Gateway technical college district board, 2
and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan 3
sewerage commission. The arrangement of names of all candidates on the ballot 4
whose nomination papers are filed with the board shall be determined by the board 5
by the drawing of lots not later than the 2nd Tuesday in January, or the next day if 6
the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing 7
of all candidates for that office shall be held by or under the supervision of the board 8
not later than the 3rd day following the completion of the primary canvass to 9
determine the arrangement of candidates on the election ballot.
(a) The board of canvassers shall make separate duplicate statements 12
showing the numbers of votes cast for the offices of president and vice president; state 13
officials; U.S. senators and representatives in congress; state legislators; justice; 14
court of appeals judge; circuit judges; members of the Gateway technical college
district attorneys; and metropolitan sewerage commissioners, if the 16
commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected 17
under s. 755.01 (4) serves a municipality that is located partially within the county 18
and candidates for that judgeship file nomination papers in another county, the 19
board of canvassers shall prepare a duplicate statement showing the numbers of 20
votes cast for that judgeship in that county for transmittal to the other county. For 21
partisan candidates, the statements shall include the political party or principle 22
designation, if any, next to the name of each candidate. The board of canvassers shall 23
also prepare a statement showing the results of any county, technical college district, 24
or statewide referendum. Each statement shall state the total number of votes cast 25
in the county for each office; the names of all persons for whom the votes were cast,
as returned; the number of votes cast for each person; and the number of votes cast 2
for and against any question submitted at a referendum. The board of canvassers 3
shall use one copy of each duplicate statement to report to the government 4
accountability board, technical college district board, or board of canvassers of any 5
other county and shall file the other statement in the office of the county clerk or 6
board of election commissioners.
(a) Immediately following the canvass, the county clerk shall deliver 10
or transmit to the government accountability board a certified copy of each statement 11
of the county board of canvassers for president and vice president, state officials, 12
senators and representatives in congress, state legislators, justice, court of appeals 13
judge, circuit judge, members of the Gateway technical college district board,
attorney, and metropolitan sewerage commissioners, if the commissioners are 15
elected under s. 200.09 (11) (am). The statement shall record the returns for each 16
office or referendum by ward, unless combined returns are authorized under s. 5.15 17
(6) (b) in which case the statement shall record the returns for each group of 18
combined wards. Following primaries the county clerk shall enclose on forms 19
prescribed by the government accountability board the names, party or principle 20
designation, if any, and number of votes received by each candidate recorded in the 21
same manner. The county clerk shall deliver or transmit the certified statement to 22
the government accountability board no later than 9 days after each primary except 23
the partisan primary, no later than 10 days after the partisan primary and any other 24
election except the general election, and no later than 14 days after the general 25
election. The board of canvassers shall deliver or transmit a certified copy of each
statement for any technical college district referendum to the secretary of the 2
technical college district board.
(d) When the certified statements and returns are received, the 5
chairperson of the board or the chairperson's designee shall proceed to examine and 6
make a statement of the total number of votes cast at any election for the offices 7
involved in the election for president and vice president; a statement for each of the 8
offices of governor, lieutenant governor, if a primary, and a joint statement for the 9
offices of governor and lieutenant governor, if a general election; a statement for each 10
of the offices of secretary of state, state treasurer, attorney general, and state 11
superintendent; for U.S. senator; representative in congress for each congressional 12
district; the state legislature; justice; court of appeals judge; circuit judge; Gateway
13technical college district board member;
district attorney; metropolitan sewerage 14
commission, if the commissioners are elected under s. 200.09 (11) (am); and for any 15
referenda questions submitted by the legislature.
7.70 (6) Gateway technical college district board members; determinations. 18
The government accountability board shall transmit to the secretary of the technical 19
college district board a copy of the certified determination of the chairperson of the 20
government accountability board or his or her designee for the election of each 21
member of the Gateway technical college district board.
(ae) For the office of member of the Gateway technical college district 24
board from any election district, not less than 200 nor more than 400 electors.
8.11 (6) Gateway technical college district board members.
A primary shall 2
be held in an election for any seat on the Gateway technical college district board 3
whenever there are more than 2 candidates in any election district.
(a) The qualified electors of the state, of any county, city, village, or 6
town, of any congressional, legislative, judicial, town sanitary, or school district, of
7the Gateway technical college district,
or of any prosecutorial unit may petition for 8
the recall of any incumbent elective official by filing a petition with the same official 9
or agency with whom nomination papers or declarations of candidacy for the office 10
are filed demanding the recall of the officeholder.
(b) A recall petition for a city, village, town, Gateway technical college
town sanitary district, or school district office shall contain a statement of 14
a reason for the recall which is related to the official responsibilities of the official for 15
whom removal is sought.
(d) No petition may be offered for filing for the recall of an officer unless 18
the petitioner first files a registration statement under s. 11.05 (1) or (2) with the 19
filing officer with whom the petition is filed. The petitioner shall append to the 20
registration a statement indicating his or her intent to circulate a recall petition, the 21
name of the officer for whom recall is sought and, in the case of a petition for the recall 22
of a city, village, town, Gateway technical college district,
town sanitary district, or 23
school district officer, a statement of a reason for the recall which is related to the 24
official responsibilities of the official for whom removal is sought. No petitioner may 25
circulate a petition for the recall of an officer prior to completing registration. The
last date that a petition for the recall of an officer may be offered for filing is 5 p.m. 2
on the 60th day commencing after registration. After the recall petition has been 3
offered for filing, no name may be added or removed. No signature may be counted 4
unless the date of the signature is within the period provided in this paragraph.
(a) This subsection applies to the recall of all elective officials other 7
than city, village, town, Gateway technical college district,
town sanitary district, 8
and school district officials. City, village, town, Gateway technical college district, 9
town sanitary district, and school district officials are recalled under sub. (4).
(title) City, village, town, town sanitary district, Gateway technical
12college district, and school district offices.
(a) Within 10 days after a petition for the recall of a city, village, town, 15Gateway technical college district,
town sanitary district, or school district official, 16
is offered for filing, the officer against whom the petition is filed may file a written 17
challenge with the municipal clerk or board of election commissioners or school
18district clerk official or agency
with whom it is filed, specifying any alleged 19
insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the 20
challenge with the clerk or board of election commissioners official or agency
5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the 22
petition is filed may file a reply to any new matter raised in the rebuttal within 2 days 23
after the rebuttal is filed. Within 14 days after the expiration of the time allowed for 24
filing a reply to a rebuttal, the clerk or board of election commissioners official or
shall file the certificate or an amended certificate. Within 31 days after the
petition is offered for filing, the clerk or board of election commissioners official or
shall determine by careful examination of the face of the petition whether the 3
petition is sufficient and shall so state in a certificate attached to the petition. If the 4
petition is found to be insufficient, the certificate shall state the particulars creating 5
the insufficiency. The petition may be amended to correct any insufficiency within 6
5 days following the affixing of the original certificate. Within 2 days after the 7
offering of the amended petition for filing, the clerk or board of election
8commissioners official or agency
shall again carefully examine the face of the petition 9
to determine sufficiency and shall attach to the petition a certificate stating the 10
findings. Immediately upon finding an original or amended petition sufficient, 11
except in cities over 500,000 population and in the Gateway technical college district
the municipal clerk or school district clerk official
shall transmit the petition to the 13
governing body or to the school board. Immediately upon finding an original or 14
amended petition sufficient, in cities over 500,000 population, the board of election 15
commissioners shall file the petition in its office. Immediately upon finding an
16original or amended petition sufficient, in the Gateway technical college district, the
17government accountability board shall file the petition in its office.
(d) Promptly upon receipt of a certificate under par. (a), the governing 20
body, school board, or
board of election commissioners
, or government accountability
shall call a recall election. The recall election shall be held on the Tuesday of 22
the 6th week commencing after the date on which the certificate is filed, except that 23
if Tuesday is a legal holiday the recall election shall be held on the first day after 24
Tuesday which is not a legal holiday.
9.10 (7) Purpose.
The purpose of this section is to facilitate the operation of 2
article XIII, section 12, of the constitution and to extend the same rights to electors 3
of cities, villages, towns, the Gateway technical college district,
town sanitary 4
districts, and school districts.
(c) Candidates for representative to the assembly or member of the
7Gateway technical college district board
(c) Candidates for representative to the assembly or member of the
10Gateway technical college district board
(f) Candidates for representative to the assembly or member of the
13Gateway technical college district board
, $17,250 total in the primary and election, 14
with disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA19, s. 24
11.31 (1) (g) (intro.) of the statutes is amended to read:
(g) (intro.) In any jurisdiction or district, other than the Gateway
17technical college district or
a judicial district or circuit, with a population of 500,000 18
or more according to the most recent federal census covering the entire jurisdiction 19
By a member of the Gateway technical college district board, to 22
the secretary of the district board.
17.02 (2) Gateway technical college district board.
Of the resignation of a 2
member of the Gateway technical college district board, by the secretary of the 3
district board to the government accountability board.
17.17 (2) Gateway technical college district board.
In the office of member 6
of the Gateway technical college district board, by the secretary of the district board 7
to the government accountability board.
SB275-AA19, s. 28
17.27 (3) of the statutes is repealed and recreated to read:
17.27 (3) Gateway technical college district board.
Except as provided in s. 10
9.10, a vacancy in the office of member of the Gateway technical college district board 11
may be filled by temporary appointment of the remaining members of the district 12
board. The temporary appointee shall serve until a successor is elected and qualifies. 13
If the vacancy occurs in any year after the first Tuesday in April and on or before 14
December 1, the vacancy shall be filled for the residue of the unexpired term, if any, 15
at the succeeding spring election. If the vacancy occurs in any year after December 16
1 or on or before the first Tuesday in April, the vacancy shall be filled for the residue 17
of the unexpired term, if any, at the 2nd succeeding spring election.
Promptly upon issuance of a reorganization order for the Gateway 20
technical college district by the board, the director of the board shall transmit a copy 21
of the order to the government accountability board.
(a) 1. A Except as provided in subd. 1m., a
district board shall 24
administer the district and shall be composed of 9 members who are residents of the 25
district, including 2 employers, 2 employees, 3 additional members, a school district
administrator, as defined under s. 115.001 (8), and one elected official who holds a 2
state or local office, as defined in s. 5.02. The board shall by rule define "employer" 3
and "employee" for the purpose of this subdivision.
(a) 1m. The members of the Gateway district board shall be elected 6
to represent numbered election districts within the Gateway technical college 7
district by the electors of each election district at the spring election. Each member 8
of the district board shall be an elector of the numbered election district within the 9
technical college district for which he or she seeks office.
(b) District Except as provided in par. (c), district
board members shall 12
take office on July 1 and shall serve staggered 3-
(c) District board members in the Gateway technical college district 15
shall serve 4-year terms. Promptly upon receipt of the determinations from the 16
government accountability board under s. 7.70 (6) and upon appointment of any 17
person to fill a temporary vacancy on the district board, the secretary of the Gateway 18
technical college district board shall send written notification of the name and 19
address of each member and expiration date of each member's term to the director 20
of the technical college system board.
SB275-AA19, s. 35
38.08 ((2) and (2m) of the statutes are amended to read:
Members of a district board other than the Gateway technical college
shall serve until their successors are appointed and qualified. A 25
vacancy shall be filled for any unexpired term of more than 90 days in the manner
provided for the making of original appointments in s. 38.10, except that if a vacancy 2
occurs within 120 days preceding a spring election, the vacancy need not be filled 3
until 60 days after the spring election, in the manner provided in s. 38.10.
Any member of a district board other than the Gateway technical college
serving as an elected official under sub. (1) (a) 1. shall cease to be a 6
member upon vacating his or her office as an elected official.
(a) Within 90 days after the population count by block, established 9
in the decennial federal census of population, and maps showing the location and 10
numbering of census blocks become available in printed form from the federal 11
government or are published for distribution by an agency of this state or within 90 12
days after alteration of the boundaries of an existing district, the district board of the 13
Gateway technical college district shall apportion and prescribe the boundaries of 9 14
numbered election districts within the district, to be as nearly equal in population 15
as possible. Alterations in election districts resulting from boundary changes to the 16
existing district may be made only to the extent required to facilitate the change. 17
Insofar as possible, each election district shall be compact and observe the 18
community of interest of existing neighborhoods. A detailed map and description of 19
each election district prescribed by the district board shall be prepared and 20
transmitted by the district board to the director of the technical college system board.
(b) All proposed district boundaries prescribed by the Gateway technical 22
college district board under par. (a) shall become effective only upon their approval 23
by the technical college system board. If the technical college system board 24
disapproves the proposed boundaries, the district board shall submit a revised 25
districting plan for approval of the technical college system board. Upon approval
of the election district boundaries within any district, the technical college system 2
board shall promulgate the boundaries established under par. (a) as a rule under ch. 3
227. The boundaries shall become effective on the effective date of the rule.
SB275-AA19, s. 37
38.10 (1) (intro.) of the statutes is amended to read:
(intro.) District board members in districts other than the Gateway
6technical college district
shall be appointed by an appointment committee 7
constituted as follows:
(1) Initial election of Gateway technical college district boards. 10
Notwithstanding section 38.08 (6) of the statutes, as created by this act, within 60 11
days after the effective date of this subsection, the appointment committee of the 12
Gateway technical college district shall adopt and transmit to the secretary of the 13
district board and the director of the technical college system board an initial 14
districting plan for election districts as required by section 38.08 (6) of the statutes, 15
as created by this act. The technical college system board shall review and determine 16
its approval or disapproval of the plan as promptly as possible. If the plan is rejected, 17
the appointment committee shall submit a new plan for approval. Notwithstanding 18
section 227.24 (1) (a), (2) (b), and (3) of the statutes, the technical college system 19
board may promulgate the plan as an emergency rule under section 227.24 of the 20
statutes without providing evidence that promulgating a rule under this subsection 21
as an emergency rule is necessary for the preservation of the public peace, health, 22
safety, or welfare, and is not required to provide a finding of emergency for a rule 23
promulgated under this subsection. Notwithstanding section 227.24 (1) (c) of the 24
statutes, an emergency rule promulgated under this subsection applies until a rule 25
replacing that rule takes effect or until the actions specified in section 227.24 (1) (d)
of the statutes occur, whichever is sooner. Notwithstanding section 227.19 (4) to (6) 2
of the statutes, the rule replacing a valid emergency rule adopted under this 3
subsection may not contain any substantive change from the emergency rule. 4
Notwithstanding sections 227.135 (2) and (4) and 227.24 (1) (e) 1d. and 1g. of the 5
statutes, a proposed emergency rule promulgated under this subsection and the 6
statement of the scope of the proposed emergency rule are not subject to approval of 7
(2) Transitional terms.
Notwithstanding chapter 269, laws of 1981
, section 22
and section 38.08 (1) (b) of the statutes, as affected by this act, the members of the 10
Gateway technical college district board who hold office on the effective date of this 11
subsection shall cease to hold office on July 1, 2013. At the 2013 spring election, 9 12
members shall be elected to the technical college district board for terms commencing 13
on July 1, 2013. Notwithstanding section 38.08 (1) (c) of the statutes, as created by 14
this act, the persons elected to represent election districts numbered 1 and 2 at that 15
election shall serve for terms of one year, the persons elected to represent election 16
districts numbered 3 and 4 at that election shall serve for terms of 2 years, the 17
persons elected to represent election districts numbered 5 and 6 at that election shall 18
serve for terms of 3 years, and the persons elected to represent election districts 19
numbered 7, 8, and 9 at that election shall serve for terms of 4 years.
Notwithstanding section 38.10 of the statutes, the appointment 21
committee of the Gateway technical college district shall not make any appointment 22
to the technical college district board for the purpose of filling a vacancy resulting 23
from expiration of a term of office after the effective date of this subsection.
SB275-AA19, s. 39
This act takes effect on August 1, 2012, except 25
The treatment of sections 17.01 (10m), 17.02 (2), 17.17 (2), 17.27 (3), 38.08 2
(1) (a) 1. and 1m., (b), and (c), (1g), (2), and (2m), 38.08 (6), and 38.10 (1) (intro.) of 3
the statutes takes effect on July 1, 2013.".