(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.".