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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 70,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representatives Kessler and Mason.
SB275-AA70,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA70,1,4 31. Page 1, line 5: delete that line and substitute "technical college district
4boards and granting rule-making authority.".
SB275-AA70,1,7 52. Page 1, line 6: delete the material beginning with that line and ending with
6page 6, line 20, including the material inserted by senate amendment 1, and
7substitute:
SB275-AA70,1,8 8" Section 1. 5.01 (3) (a) of the statutes is amended to read:
SB275-AA70,1,129 5.01 (3) (a) Except as provided in par. (b) pars. (b) and (c), in every election to
10choose any officer, each elector has one vote for each office unless clearly indicated
11otherwise. The person receiving the greatest number of legal votes for the office shall
12be declared elected, and the canvassers shall so determine and certify.
SB275-AA70, s. 2 13Section 2. 5.01 (3) (c) of the statutes is created to read:
SB275-AA70,2,17
15.01 (3) (c) In a regular election for members of the technical college district
2board in any district that does not include territory within a county having a
3population of 500,000 or more, each elector has 9 votes and the 9 candidates who
4receive the greatest numbers of votes shall be declared elected, except that if the
5election of candidates whose names appear on the ballot under the name of any single
6political party would cause that party to be represented on that district board by
7more than 6 members, the candidate or candidates receiving the next highest
8numbers of votes shall be declared elected. In a election to fill a vacancy in the
9membership of a technical college district board in such a district, each elector has
10one vote for each seat to be filled and the number of candidates equal to the number
11of seats being filled who receive the greatest numbers of votes shall be declared
12elected, except that if the election of candidates whose names appear on the ballot
13under the name of any single political party, together with the current members of
14the district board whose names appeared on the ballot under the name of the same
15party, would cause that party to be represented on that district board by more than
166 members, the candidate or candidates receiving the next highest numbers of votes
17shall be declared elected.
SB275-AA70, s. 3 18Section 3. 5.02 (23) of the statutes is amended to read:
SB275-AA70,2,2319 5.02 (23) "State office" means the offices of governor, lieutenant governor,
20secretary of state, state treasurer, attorney general, state superintendent, justice of
21the supreme court, court of appeals judge, circuit court judge, state senator, state
22representative to the assembly and, district attorney, and member of a technical
23college district board
.
SB275-AA70, s. 4m 24Section 4m. 5.62 (1) (b) 2. of the statutes, as affected by 2011 Wisconsin Act
2575
, is amended to read:
SB275-AA70,3,15
15.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district,
2election district within a technical college district,
or county at any partisan primary
3election only if at least one candidate of the party for any national, state or county
4office qualifies to have his or her name appear on the ballot under the name of that
5party within that assembly district, election district within a technical college
6district,
or county. The county clerk or county board of election commissioners shall
7provide a combined separate ballot or one or more separate columns or rows on the
8ballot that will permit an elector to cast a vote for a write-in candidate for the
9nomination of any such party for each national, state and county office whenever that
10party qualifies to be represented on a separate primary ballot or in one or more
11separate columns or rows under subd. 1. but does not qualify under this subdivision.
12The ballot shall include the name of each party qualifying for a separate ballot or one
13or more separate columns or rows on the ballot under each office, with the names of
14the candidates for each such party appearing in the same order in which the ballots
15of the parties would appear under par. (a).
SB275-AA70, s. 6m 16Section 6m. 5.62 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 75,
17is amended to read:
SB275-AA70,4,718 5.62 (2) (b) Paragraph (a) applies to a party within any assembly district.
19election district within a technical college district,
or county at any partisan primary
20election only if at least one candidate of the party for any national, state or county
21office qualifies to have his or her name appear on the ballot under the name of that
22party within that assembly district, election district within a technical college
23district,
or county. The county clerk or county board of election commissioners shall
24provide a combined separate ballot or one or more separate columns or rows on the
25ballot that will permit an elector to cast a vote for a write-in candidate for the

1nomination of any such party for each national, state and county office whenever that
2party qualifies to be represented on a separate primary ballot or in one or more
3separate columns or rows under par. (a) but does not qualify under this paragraph.
4The ballot shall include the name of each party qualifying for a separate ballot or one
5or more separate columns or rows on the ballot under each office, with the names of
6the candidates for each such party appearing in the same order in which the ballots
7of the parties would appear under sub. (1) (a).
SB275-AA70, s. 7m 8Section 7m. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is
9amended to read:
SB275-AA70,4,1910 5.62 (3) The board shall designate the official primary ballot arrangement for
11statewide office, technical college district board member within each technical
12college district,
and district attorney within each prosecutorial district by using the
13same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
14column or row on the ballot, the candidates for office shall be listed together with the
15offices which they seek in the following order whenever these offices appear on the
16partisan primary ballot: governor, lieutenant governor, attorney general, secretary
17of state, state treasurer, U.S. senator, U.S. representative in congress, state senator,
18representative to the assembly, district attorney, technical college district board
19member,
and the county offices.
SB275-AA70, s. 8 20Section 8. 5.64 (1) (ag) of the statutes is amended to read:
SB275-AA70,4,2421 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
22giving the names of all candidates for president and vice president and for statewide,
23congressional, legislative, technical college district, and county offices in the same
24form as prescribed by the board under s. 7.08 (1) (a).
SB275-AA70, s. 10 25Section 10. 5.64 (1) (e) 2. of the statutes is amended to read:
SB275-AA70,5,14
15.64 (1) (e) 2. There shall be a separate column for the candidates of each party
2qualifying for that column under s. 5.62 (1) (b) or (2), except that if, within any
3assembly district, election district within a technical college district, or county, there
4are no candidates for any national, state or county office representing such a party
5who qualify to have their names appear on the ballot under the name of that party
6within that assembly district, election district within a technical college district, or
7county,
the county clerk or board of election commissioners shall provide a combined
8separate column that will permit an elector to cast a vote for a write-in candidate
9of any such party for each national, state and county office whenever that party
10qualifies to be represented in a separate column but does not qualify under this
11subdivision. The ballot shall include the name of each party qualifying for a separate
12column under each office, with the names of the candidates for each such party
13appearing in the same order in which the columns of the parties would appear under
14par. (b).
SB275-AA70, s. 11m 15Section 11m. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA70,6,1116 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
17showing the numbers of votes cast for the offices of president and vice president; state
18officials; U.S. senators and representatives in congress; state legislators; justice;
19court of appeals judge; circuit judges; members of the technical college district
20boards;
district attorneys; and metropolitan sewerage commissioners, if the
21commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
22under s. 755.01 (4) serves a municipality that is located partially within the county
23and candidates for that judgeship file nomination papers in another county, the
24board of canvassers shall prepare a duplicate statement showing the numbers of
25votes cast for that judgeship in that county for transmittal to the other county. For

1partisan candidates, the statements shall include the political party or principle
2designation, if any, next to the name of each candidate. The board of canvassers shall
3also prepare a statement showing the results of any county, technical college district,
4or statewide referendum. Each statement shall state the total number of votes cast
5in the county for each office; the names of all persons for whom the votes were cast,
6as returned; the number of votes cast for each person; and the number of votes cast
7for and against any question submitted at a referendum. The board of canvassers
8shall use one copy of each duplicate statement to report to the government
9accountability board, technical college district board, or board of canvassers of any
10other county and shall file the other statement in the office of the county clerk or
11board of election commissioners.
SB275-AA70, s. 12m 12Section 12m. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
13is amended to read:
SB275-AA70,7,714 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
15or transmit to the government accountability board a certified copy of each statement
16of the county board of canvassers for president and vice president, state officials,
17senators and representatives in congress, state legislators, justice, court of appeals
18judge, circuit judge, members of the technical college district boards, district
19attorney, and metropolitan sewerage commissioners, if the commissioners are
20elected under s. 200.09 (11) (am). The statement shall record the returns for each
21office or referendum by ward, unless combined returns are authorized under s. 5.15
22(6) (b) in which case the statement shall record the returns for each group of
23combined wards. Following primaries the county clerk shall enclose on forms
24prescribed by the government accountability board the names, party or principle
25designation, if any, and number of votes received by each candidate recorded in the

1same manner. The county clerk shall deliver or transmit the certified statement to
2the government accountability board no later than 9 days after each primary except
3the partisan primary, no later than 10 days after the partisan primary and any other
4election except the general election, and no later than 14 days after the general
5election. The board of canvassers shall deliver or transmit a certified copy of each
6statement for any technical college district referendum to the secretary of the
7technical college district board.
SB275-AA70, s. 13 8Section 13. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA70,7,209 7.70 (3) (d) When the certified statements and returns are received, the
10chairperson of the board or the chairperson's designee shall proceed to examine and
11make a statement of the total number of votes cast at any election for the offices
12involved in the election for president and vice president; a statement for each of the
13offices of governor, lieutenant governor, if a primary, and a joint statement for the
14offices of governor and lieutenant governor, if a general election; a statement for each
15of the offices of secretary of state, state treasurer, attorney general, and state
16superintendent; for U.S. senator; representative in congress for each congressional
17district; the state legislature; justice; court of appeals judge; technical college district
18board member;
circuit judge; district attorney; metropolitan sewerage commission,
19if the commissioners are elected under s. 200.09 (11) (am); and for any referenda
20questions submitted by the legislature.
SB275-AA70, s. 14 21Section 14. 7.70 (6) of the statutes is created to read:
SB275-AA70,8,222 7.70 (6) Technical college district board members; determinations. The
23government accountability board shall transmit to the secretary of the district board
24a copy of the certified determination of the chairperson of the government

1accountability board or his or her designee for the election of each member of any
2technical college district board.
SB275-AA70, s. 15 3Section 15. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA70,8,54 8.15 (6) (ds) For the office of member of a technical college district board, not
5less than 200 nor more than 400 electors.
SB275-AA70, s. 16m 6Section 16m. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA70,8,127 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
8town, of any congressional, legislative, judicial, technical college, town sanitary, or
9school district, or of any prosecutorial unit may petition for the recall of any
10incumbent elective official by filing a petition with the same official or agency with
11whom nomination papers or declarations of candidacy for the office are filed
12demanding the recall of the officeholder.
SB275-AA70, s. 17m 13Section 17m. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA70,8,1714 9.10 (2) (b) A recall petition for a city, village, town, technical college district,
15town sanitary district, or school district office shall contain a statement of a reason
16for the recall which is related to the official responsibilities of the official for whom
17removal is sought.
SB275-AA70, s. 18m 18Section 18m. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA70,9,619 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
20the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
21filing officer with whom the petition is filed. The petitioner shall append to the
22registration a statement indicating his or her intent to circulate a recall petition, the
23name of the officer for whom recall is sought and, in the case of a petition for the recall
24of a city, village, town, technical college district, town sanitary district, or school
25district officer, a statement of a reason for the recall which is related to the official

1responsibilities of the official for whom removal is sought. No petitioner may
2circulate a petition for the recall of an officer prior to completing registration. The
3last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
4on the 60th day commencing after registration. After the recall petition has been
5offered for filing, no name may be added or removed. No signature may be counted
6unless the date of the signature is within the period provided in this paragraph.
SB275-AA70, s. 19m 7Section 19m. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA70,9,118 9.10 (3) (a) This subsection applies to the recall of all elective officials other
9than city, village, town, technical college district, town sanitary district, and school
10district officials. City, village, town, technical college district, town sanitary district,
11and school district officials are recalled under sub. (4).
SB275-AA70, s. 20m 12Section 20m. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA70,9,1413 9.10 (4) (title) City, village, town, town sanitary district, technical college
14district,
and school district offices.
SB275-AA70, s. 21e 15Section 21e. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA70,9,2516 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
17technical college district, town sanitary district, or school district official, is offered
18for filing, the officer against whom the petition is filed may file a written challenge
19with the municipal clerk or board of election commissioners or school district clerk
20official or agency with whom it is filed, specifying any alleged insufficiency. If a
21challenge is filed, the petitioner may file a written rebuttal to the challenge with the
22clerk or board of election commissioners official or agency within 5 days after the
23challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed
24may file a reply to any new matter raised in the rebuttal within 2 days after the
25rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a

1reply to a rebuttal, the clerk or board of election commissioners official or agency
2shall file the certificate or an amended certificate. Within 31 days after the petition
3is offered for filing, the clerk or board of election commissioners official or agency
4shall determine by careful examination of the face of the petition whether the
5petition is sufficient and shall so state in a certificate attached to the petition. If the
6petition is found to be insufficient, the certificate shall state the particulars creating
7the insufficiency. The petition may be amended to correct any insufficiency within
85 days following the affixing of the original certificate. Within 2 days after the
9offering of the amended petition for filing, the clerk or board of election
10commissioners
official or agency shall again carefully examine the face of the petition
11to determine sufficiency and shall attach to the petition a certificate stating the
12findings. Immediately upon finding an original or amended petition sufficient,
13except in cities over 500,000 population and in technical college districts, the
14municipal clerk or school district clerk official shall transmit the petition to the
15governing body or to the school board. Immediately upon finding an original or
16amended petition sufficient, in cities over 500,000 population, the board of election
17commissioners shall file the petition in its office. Immediately upon finding an
18original or amended petition sufficient, in technical college districts, the government
19accountability board shall file the petition in its office.
SB275-AA70, s. 21g 20Section 21g. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA70,11,221 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
22body, school board, or board of election commissioners , or government accountability
23board
shall call a recall election. The recall election shall be held on the Tuesday of
24the 6th week commencing after the date on which the certificate is filed, except that

1if Tuesday is a legal holiday the recall election shall be held on the first day after
2Tuesday which is not a legal holiday.
SB275-AA70, s. 21m 3Section 21m. 9.10 (7) of the statutes is amended to read:
SB275-AA70,11,74 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
5article XIII, section 12, of the constitution and to extend the same rights to electors
6of cities, villages, towns, technical college districts, town sanitary districts, and
7school districts.
SB275-AA70, s. 22 8Section 22. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA70,11,109 11.26 (1) (c) Candidates for representative to the assembly or member of a
10technical college district board
, $500.
SB275-AA70, s. 23 11Section 23. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA70,11,1312 11.26 (2) (c) Candidates for representative to the assembly or member of a
13technical college district board
, $500.
SB275-AA70, s. 24 14Section 24. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA70,11,1715 11.31 (1) (f) Candidates for representative to the assembly or member of a
16technical college district board
, $17,250 total in the primary and election, with
17disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA70, s. 25 18Section 25. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA70,11,2119 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college
20district or
judicial district or circuit, with a population of 500,000 or more according
21to the most recent federal census covering the entire jurisdiction or district:
SB275-AA70, s. 27 22Section 27. 17.01 (10m) of the statutes is created to read:
SB275-AA70,11,2423 17.01 (10m) By a member of a technical college district board, to the secretary
24of the district board.
SB275-AA70, s. 28 25Section 28. 17.02 (2) of the statutes is created to read:
SB275-AA70,12,3
117.02 (2) Technical college district board. Of the resignation of a member
2of a technical college district board, by the secretary of the district board to the
3government accountability board.
SB275-AA70, s. 29 4Section 29. 17.17 (2) of the statutes is created to read:
SB275-AA70,12,75 17.17 (2) Technical college district board. In the office of member of a
6technical college district board, by the secretary of the district board to the
7government accountability board.
SB275-AA70, s. 30 8Section 30. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA70,12,199 17.27 (3) Technical college district board. Except as provided in s. 9.10, a
10vacancy in the office of member of a technical college district board may be filled by
11temporary appointment of the remaining members of the district board. The
12temporary appointee shall be a resident of the technical college district and, if the
13technical college district is apportioned into election districts, of the numbered
14election district within the technical college district which he or she is appointed to
15represent. The temporary appointee shall serve until a successor is elected and
16qualifies. If the vacancy occurs during the period beginning on the first Monday of
17January of the year following the year in which the president of the United States
18is elected and ending on May 31 of the following year, the vacancy shall be filled for
19the residue of the unexpired term, at the succeeding general election.
SB275-AA70, s. 31 20Section 31. 38.01 (12) of the statutes is created to read:
SB275-AA70,12,2221 38.01 (12) "Ward" means a municipal ward in effect on August 1 of the year
22following the federal decennial census on which a districting plan is based.
SB275-AA70, s. 32 23Section 32. 38.04 (15) of the statutes is repealed.
SB275-AA70, s. 33 24Section 33. 38.06 (6) of the statutes is created to read:
SB275-AA70,13,3
138.06 (6) Promptly upon issuance of a reorganization order by the board, the
2director of the board shall transmit a copy of the order to the government
3accountability board.
SB275-AA70, s. 34 4Section 34. 38.08 (1) (a) of the statutes is repealed and recreated to read:
SB275-AA70,13,145 38.08 (1) (a) A district board shall administer the district and shall be composed
6of 9 members who are residents of the district, except that in a district that includes
7territory within a county having a population of 500,000 or more, the district board
8shall be composed of 11 members who are residents of the district. The members
9shall be elected at the general election at large by the electors of the district, except
10that in a district that includes territory within a county having a population of
11500,000 or more, the members shall be elected from election districts by the electors
12of the respective election districts. In each such district, each member of the district
13board shall be an elector of the election district within the technical college district
14from which the member seeks office.
SB275-AA70, s. 35 15Section 35. 38.08 (1) (b) of the statutes is amended to read:
SB275-AA70,13,1716 38.08 (1) (b) District board members shall take office on July 1 the first Monday
17in January
and shall serve staggered 3-year 4-year terms.
SB275-AA70, s. 36 18Section 36. 38.08 (1) (c) of the statutes is created to read:
SB275-AA70,13,2319 38.08 (1) (c) Promptly upon receipt of the determinations of the government
20accountability board under s. 7.70 (6) and upon appointment of any person to fill a
21temporary vacancy on the district board, the secretary of the district board shall send
22written notification of the name and address of each member and expiration date of
23each member's term to the director of the board.
SB275-AA70, s. 37 24Section 37. 38.08 (1g), (2) and (2m) of the statutes are repealed.
SB275-AA70, s. 38 25Section 38. 38.08 (3) of the statutes is amended to read:
SB275-AA70,14,7
138.08 (3) The district board shall hold its annual organizational meeting on the
22nd Monday in July January at which it shall elect from among its members a
3chairperson, vice chairperson, secretary and treasurer. If a vacancy occurs in any of
4the district board officer positions after the annual organizational meeting, the
5district board may elect an officer to fill the vacancy at any subsequent district board
6meeting. No person may serve as chairperson for more than 2 successive annual
7terms.
SB275-AA70, s. 39 8Section 39. 38.08 (6) of the statutes is created to read:
SB275-AA70,14,189 38.08 (6) (a) Beginning in 2012, in each district that includes territory within
10a county having a population of 500,000 or more, within 30 days after the effective
11date of this paragraph .... [LRB inserts date], and thereafter within 90 days after the
12population count by block, established in the decennial federal census of population,
13and maps showing the location and numbering of census blocks become available in
14printed form from the federal government or are published for distribution by an
15agency of this state or within 90 days after alteration of the boundaries of an existing
16district, the district board shall apportion and prescribe the boundaries of 11
17numbered election districts within the district, to be as nearly equal in population
18as possible.
SB275-AA70,14,2419 (b) Within 90 days after the creation of any new district that includes territory
20within a county having a population of 500,000 or more, or within 90 days after such
21a population count shows that the population of any county having territory within
22an existing district has attained at least 500,000, the district board shall apportion
23and prescribe the boundaries of 11 numbered election districts within that district
24in the manner as provided in par. (a).
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