Amendment SE5 AA20-ASA1-AB1

LRBa1949/1

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September 1995 Special Session

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 20, To ASSEMBLY SUBSTITUTE AMENDMENT 1, To ASSEMBLY BILL 1

September 27, 1995 - Offered by Representative Wood.

AB1-ASA1-AA20,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-AA20,1,2 1. Page 2, line 8: before that line insert:

AB1-ASA1-AA20,1,3 " Section 1b. 5.58 (2) (b) of the statutes is amended to read:

AB1-ASA1-AA20,1,8 5.58 (2) (b) The candidates for the offices shall be designated on the ballot ballots as follows: "For State Superintendent", "For Justice of the Supreme Court", "For Member of the .... (name of district) Professional Baseball Park District Board, Seat Number ....", "For Court of Appeals Judge", "For Circuit Judge Br. ....", and others as the situation requires.

AB1-ASA1-AA20, s. 1c Section 1c. 5.58 (2s) of the statutes is created to read:

AB1-ASA1-AA20,1,15 5.58 (2s) Professional baseball park district board. When required, there shall be a separate ballot for member of the professional baseball park district board in each professional baseball park district. Arrangement of the names on the ballot shall be determined by the elections board under s. 5.60. The ballot shall be titled "Official Primary Ballot for .... (name of district) Professional Baseball Park District Board".

AB1-ASA1-AA20, s. 1d Section 1d. 5.58 (3) of the statutes is amended to read:

AB1-ASA1-AA20,2,18 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent,; for any judicial office,; for any elected seat on a metropolitan sewerage commission or town sanitary district commission,; for any elected seat on a professional baseball park district board; in counties having a population of 500,000 or more only 2 candidates for member of the board of 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 district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district ,; in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, ; in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district,; and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

AB1-ASA1-AA20, s. 1e Section 1e. 5.60 (4s) of the statutes is created to read:

AB1-ASA1-AA20,2,24 5.60 (4s) Professional baseball park district. There shall be a separate ballot giving the names of the candidates for the professional baseball park district board when so required. The elections board shall determine the official ballot arrangement for professional baseball park district board candidates by using the same method as that used under sub. (1) (b).

AB1-ASA1-AA20, s. 1f Section 1f. 7.60 (4) (a) and (5) of the statutes are amended to read:

AB1-ASA1-AA20,3,17 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; members of the professional baseball park district boards; circuit judges; district attorneys; municipal judges, if they are elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast 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 for and against any question submitted at a referendum. The board of canvassers shall use one copy of the statement to report to the elections board or professional baseball park or technical college district board and shall file the other statement in the office of the county clerk or board of election commissioners.

AB1-ASA1-AA20,4,19 (5) Reporting. Immediately following the canvass the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president; state officials; senators and representatives in congress; state legislators; justice; court of appeals judge; professional baseball park district board member; circuit judge; district attorney; municipal judge, if elected under s. 755.01 (4); and metropolitan sewerage commissioners commissioner, if the commissioners are elected under s. 66.23 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on blanks prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and no later than 10 days after any other 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 technical college district board . If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board to reopen and correct the canvass. The elections board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board or secretary of the professional baseball park or technical college district board.

AB1-ASA1-AA20, s. 1g Section 1g. 7.70 (3) (d) of the statutes is amended to read:

AB1-ASA1-AA20,5,8 7.70 (3) (d) When the certified statements and returns are received, the board of state canvassers shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; professional baseball park district board member; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and for any referenda questions submitted by the legislature.

AB1-ASA1-AA20, s. 1h Section 1h. 7.70 (6) of the statutes is created to read:

AB1-ASA1-AA20,5,13 7.70 (6) Professional baseball park district board members; determinations. The elections board shall cause a copy of the certified determination of the board of state canvassers for the election of each member of any professional baseball park district board to be transmitted to the secretary of that district board.

AB1-ASA1-AA20, s. 1i Section 1i. 8.10 (3) (as) of the statutes is created to read:

AB1-ASA1-AA20,5,16 8.10 (3) (as) For any seat as a member of a professional baseball park district board, not less than 200 nor more than 400 electors.

AB1-ASA1-AA20, s. 1j Section 1j. 8.11 (6) of the statutes is created to read:

AB1-ASA1-AA20,5,21 8.11 (6) Professional baseball park district board members. A primary shall be held in an election for members of any seat on a professional baseball park district board whenever there are more than 2 candidates for any numbered seat on the district board.

AB1-ASA1-AA20, s. 1k Section 1k. 8.50 (intro.) of the statutes is amended to read:

AB1-ASA1-AA20,6,12 8.50 Special elections. (intro.) Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor and, district attorney and member of a professional baseball park district board, judicial and legislative state offices, county offices and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No special election may be held after February 1 preceding the spring election unless it is held on the same day as the spring election, nor after September 1 preceding the general election unless it is held on the same day as the general election, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the September primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.

AB1-ASA1-AA20, s. 1L Section 1L. 9.10 (1) (a) and (2) (b) of the statutes are amended to read:

AB1-ASA1-AA20,6,19 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, of any congressional, legislative, judicial, professional baseball park or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.

AB1-ASA1-AA20,6,23 (2) (b) A recall petition for a city, village, town , professional baseball park district or school district office shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought.

AB1-ASA1-AA20, s. 1m Section 1m. 9.10 (3) (a) of the statutes is amended to read:

AB1-ASA1-AA20,7,4 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, professional baseball park district and school district officials. City, village, town, professional baseball park district and school district officials are recalled under sub. (4).

AB1-ASA1-AA20, s. 1n Section 1n. 9.10 (4) (a) and (d) and (7) of the statutes are amended to read:

AB1-ASA1-AA20,8,9 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, professional baseball park district or school district official , is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk official or agency with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners official or agency within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners official or agency 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 agency shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners official or agency shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population and professional baseball park districts, the municipal clerk or school district clerk official shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office. Immediately upon finding an original or amended petition sufficient, in professional baseball park districts, the elections board shall file the petition in its office.

AB1-ASA1-AA20,8,14 (d) The governing body, school board or, board of election commissioners or elections board, upon receiving the certificate, shall call an election on the Tuesday of the 6th week commencing after the date of the certificate. If Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.

AB1-ASA1-AA20,8,17 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, professional baseball park districts and school districts.

AB1-ASA1-AA20, s. 1no Section 1no. 11.26 (1) (c) and (2) (c) of the statutes are amended to read:

AB1-ASA1-AA20,8,20 11.26 (1) (c) Candidates for representative to the assembly or member of a professional baseball park district board, $500.

AB1-ASA1-AA20,8,22 (2) (c) Candidates for representative to the assembly or member of a professional baseball park district board, $500.

AB1-ASA1-AA20, s. 1p Section 1p. 11.31 (1) (f) and (g) (intro.) of the statutes are amended to read:

AB1-ASA1-AA20,9,3 11.31 (1) (f) Candidates for representative to the assembly or member of a professional baseball park district board, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.

AB1-ASA1-AA20,9,7 (g) (intro.) In any jurisdiction or district, other than a professional baseball park district or judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:".

AB1-ASA1-AA20,9,8 2. Page 5, line 12: after that line insert:

AB1-ASA1-AA20,9,9 " Section 6w. 17.01 (10m) of the statutes is created to read:

AB1-ASA1-AA20,9,11 17.01 (10m) By a member of a professional baseball park district board, to the secretary of the district board.

AB1-ASA1-AA20, s. 6x Section 6x. 17.27 (3) of the statutes is repealed and recreated to read:

AB1-ASA1-AA20,9,21 17.27 (3) Professional baseball park district board. Except as provided in s. 9.10, a vacancy in the membership of a professional baseball park district board may be filled by temporary appointment of the remaining members of the district board. The temporary appointee shall serve until a successor is elected and qualifies. If the vacancy occurs in any year after the first Tuesday in April and on or before December 1, the vacancy shall be filled for the residue of the unexpired term, if any, at the succeeding spring election. If the vacancy occurs in any year after December 1 or on or before the first Tuesday in April, the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding spring election.".

AB1-ASA1-AA20,9,22 3. Page 24, line 1: delete lines 1 to 3 and substitute:

AB1-ASA1-AA20,9,24 "(a) Five persons appointed by the governor, one of whom resides within each of the counties that are".

AB1-ASA1-AA20,10,2 4. Page 24, line 8: delete the material beginning with that line and ending with page 25, line 21.