LRBa2903/1
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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 32,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Hulsey.
SB275-AA32,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA32,1,7 31. Page 1, line 5: delete the material beginning with that line and ending with
4page 6, line 20, including the material inserted by senate amendment 1, and
5substitute "the Moraine Park technical college district board, providing an
6exemption from and extending the time limit for emergency rule procedures, and
7granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB275-AA32, s. 1 8Section 1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB275-AA32,1,109 5.02 (3) "Educational officer" means the state superintendent, a member of the
10Moraine Park technical college district board,
and a school board members member.
SB275-AA32,2,4 11(5) "General election" means the election held in even-numbered years on the
12Tuesday after the first Monday in November to elect United States senators,

1representatives in congress, presidential electors, state senators, representatives to
2the assembly, district attorneys, state officers other than the state superintendent,
3members of the Moraine Park technical college district boards,
and judicial officers,
4and county officers other than supervisors and county executives.
SB275-AA32,2,9 5(23) "State office" means the offices of governor, lieutenant governor, secretary
6of state, state treasurer, attorney general, state superintendent, justice of the
7supreme court, court of appeals judge, circuit court judge, state senator, state
8representative to the assembly and, district attorney, and member of the Moraine
9Park technical college district board
.
SB275-AA32, s. 2 10Section 2. 5.58 (2s) of the statutes is created to read:
SB275-AA32,2,1611 5.58 (2s) Moraine Park technical college district board. In those years when
12a primary is scheduled, there shall be a separate ballot for member of the Moraine
13Park technical college district board. Arrangement of the names on the ballot shall
14be determined by the government accountability board under s. 5.60 (1) (b). The
15ballot shall be titled "Official Primary Ballot for Moraine Park Technical College
16District Board."
SB275-AA32, s. 3 17Section 3. 5.58 (3) of the statutes, as affected by 2011 Wisconsin Act 62, is
18amended to read:
SB275-AA32,3,1219 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent,
20for any judicial office, for any elected seat on a metropolitan sewerage commission
21or town sanitary district commission, for member of the Moraine Park technical
22college district board from any election district,
in counties having a population of
23750,000 or more, only 2 candidates for the office of comptroller, in counties having
24a population of 500,000 or more only 2 candidates for member of the board of
25supervisors within each district, in counties having a population of less than 500,000

1only 2 candidates for each member of the county board of supervisors from each
2district or numbered seat or only 4 candidates for each 2 members of the county board
3of supervisors from each district whenever 2 supervisors are elected to unnumbered
4seats from the same district, in 1st class cities only 2 candidates for any at-large seat
5and only 2 candidates from any election district to be elected to the board of school
6directors, in school districts electing school board members to numbered seats, or
7pursuant to an apportionment plan or district representation plan, only 2 school
8board candidates for each numbered seat or within each district, and twice as many
9candidates as are to be elected members of other school boards or other elective
10officers receiving the highest number of votes at the primary shall be nominees for
11the office at the spring election. Only their names shall appear on the official spring
12ballot.
SB275-AA32, s. 4 13Section 4. 5.60 (1) (title) of the statutes, as affected by 2011 Wisconsin Act 62,
14is amended to read:
SB275-AA32,3,1615 5.60 (1) (title) State superintendent Nonpartisan state officers; judiciary;
16county executive; county comptroller; and county
supervisors supervisor.
SB275-AA32, s. 5 17Section 5. 5.60 (1) (am) of the statutes is created to read:
SB275-AA32,3,2218 5.60 (1) (am) In those years when an election is scheduled, there shall be a
19separate ballot for each member of the Moraine Park technical college district board.
20The government accountability board shall determine the official ballot
21arrangement for technical college district board candidates by using the same
22method as that used under par. (b).
SB275-AA32, s. 6 23Section 6. 5.60 (1) (b) of the statutes is amended to read:
SB275-AA32,4,924 5.60 (1) (b) The board shall certify the candidates' names and designate the
25official ballot arrangement for candidates for state superintendent, justice, court of

1appeals judge, circuit judge, member of the Moraine Park technical college district
2board,
and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan
3sewerage commission. The arrangement of names of all candidates on the ballot
4whose nomination papers are filed with the board shall be determined by the board
5by the drawing of lots not later than the 2nd Tuesday in January, or the next day if
6the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing
7of all candidates for that office shall be held by or under the supervision of the board
8not later than the 3rd day following the completion of the primary canvass to
9determine the arrangement of candidates on the election ballot.
SB275-AA32, s. 7 10Section 7. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA32,5,611 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
12showing the numbers of votes cast for the offices of president and vice president; state
13officials; U.S. senators and representatives in congress; state legislators; justice;
14court of appeals judge; circuit judges; members of the Moraine Park technical college
15district board;
district attorneys; and metropolitan sewerage commissioners, if the
16commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
17under s. 755.01 (4) serves a municipality that is located partially within the county
18and candidates for that judgeship file nomination papers in another county, the
19board of canvassers shall prepare a duplicate statement showing the numbers of
20votes cast for that judgeship in that county for transmittal to the other county. For
21partisan candidates, the statements shall include the political party or principle
22designation, if any, next to the name of each candidate. The board of canvassers shall
23also prepare a statement showing the results of any county, technical college district,
24or statewide referendum. Each statement shall state the total number of votes cast
25in the county for each office; the names of all persons for whom the votes were cast,

1as returned; the number of votes cast for each person; and the number of votes cast
2for and against any question submitted at a referendum. The board of canvassers
3shall use one copy of each duplicate statement to report to the government
4accountability board, technical college district board, or board of canvassers of any
5other county and shall file the other statement in the office of the county clerk or
6board of election commissioners.
SB275-AA32, s. 8 7Section 8. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Acts 75
8and 115 is amended to read:
SB275-AA32,6,29 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
10or transmit to the government accountability board a certified copy of each statement
11of the county board of canvassers for president and vice president, state officials,
12senators and representatives in congress, state legislators, justice, court of appeals
13judge, circuit judge, members of the Moraine Park technical college district board,
14district attorney, and metropolitan sewerage commissioners, if the commissioners
15are elected under s. 200.09 (11) (am). The statement shall record the returns for each
16office 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
18combined wards. Following primaries the county clerk shall enclose on forms
19prescribed by the government accountability board the names, party or principle
20designation, if any, and number of votes received by each candidate recorded in the
21same manner. The county clerk shall deliver or transmit the certified statement to
22the government accountability board no later than 9 days after each primary except
23the partisan primary, no later than 10 days after the partisan primary and any other
24election except the general election, and no later than 14 days after the general
25election. The board of canvassers shall deliver or transmit a certified copy of each

1statement for any technical college district referendum to the secretary of the
2technical college district board.
SB275-AA32, s. 9 3Section 9. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA32,6,154 7.70 (3) (d) When the certified statements and returns are received, the
5chairperson of the board or the chairperson's designee shall proceed to examine and
6make a statement of the total number of votes cast at any election for the offices
7involved in the election for president and vice president; a statement for each of the
8offices of governor, lieutenant governor, if a primary, and a joint statement for the
9offices of governor and lieutenant governor, if a general election; a statement for each
10of the offices of secretary of state, state treasurer, attorney general, and state
11superintendent; for U.S. senator; representative in congress for each congressional
12district; the state legislature; justice; court of appeals judge; circuit judge; Moraine
13Park technical college district board member;
district attorney; metropolitan
14sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and
15for any referenda questions submitted by the legislature.
SB275-AA32, s. 10 16Section 10. 7.70 (6) of the statutes is created to read:
SB275-AA32,6,2117 7.70 (6) Moraine Park technical college district board members;
18determinations.
The government accountability board shall transmit to the
19secretary of the technical college district board a copy of the certified determination
20of the chairperson of the government accountability board or his or her designee for
21the election of each member of the Moraine Park technical college district board.
SB275-AA32, s. 11 22Section 11. 8.10 (3) (ae) of the statutes is created to read:
SB275-AA32,6,2423 8.10 (3) (ae) For the office of member of the Moraine Park technical college
24district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA32, s. 12 25Section 12. 8.11 (6) of the statutes is created to read:
SB275-AA32,7,3
18.11 (6) Moraine Park technical college district board members. A primary
2shall be held in an election for any seat on the Moraine Park technical college district
3board whenever there are more than 2 candidates in any election district.
SB275-AA32, s. 13 4Section 13. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA32,7,105 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
6town, of any congressional, legislative, judicial, town sanitary, or school district, of
7the Moraine Park technical college district,
or of any prosecutorial unit may petition
8for the recall of any incumbent elective official by filing a petition with the same
9official or agency with whom nomination papers or declarations of candidacy for the
10office are filed demanding the recall of the officeholder.
SB275-AA32, s. 14 11Section 14. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA32,7,1512 9.10 (2) (b) A recall petition for a city, village, town, Moraine Park technical
13college district,
town sanitary district, or school district office shall contain a
14statement of a reason for the recall which is related to the official responsibilities of
15the official for whom removal is sought.
SB275-AA32, s. 15 16Section 15. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA32,8,417 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
18the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
19filing officer with whom the petition is filed. The petitioner shall append to the
20registration a statement indicating his or her intent to circulate a recall petition, the
21name of the officer for whom recall is sought and, in the case of a petition for the recall
22of a city, village, town, Moraine Park technical college district, town sanitary district,
23or school district officer, a statement of a reason for the recall which is related to the
24official responsibilities of the official for whom removal is sought. No petitioner may
25circulate a petition for the recall of an officer prior to completing registration. The

1last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
2on the 60th day commencing after registration. After the recall petition has been
3offered for filing, no name may be added or removed. No signature may be counted
4unless the date of the signature is within the period provided in this paragraph.
SB275-AA32, s. 16 5Section 16. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA32,8,106 9.10 (3) (a) This subsection applies to the recall of all elective officials other
7than city, village, town, Moraine Park technical college district, town sanitary
8district, and school district officials. City, village, town, Moraine Park technical
9college district,
town sanitary district, and school district officials are recalled under
10sub. (4).
SB275-AA32, s. 17 11Section 17. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA32,8,1312 9.10 (4) (title) City, village, town, town sanitary district, Moraine Park
13technical college district,
and school district offices.
SB275-AA32, s. 18 14Section 18. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA32,9,1815 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
16Moraine Park technical college district, town sanitary district, or school district
17official, is offered for filing, the officer against whom the petition is filed may file a
18written challenge with the municipal clerk or board of election commissioners or
19school district clerk
official or agency with whom it is filed, specifying any alleged
20insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
21challenge with the clerk or board of election commissioners official or agency within
225 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
23petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
24after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
25filing a reply to a rebuttal, the clerk or board of election commissioners official or

1agency
shall file the certificate or an amended certificate. Within 31 days after the
2petition is offered for filing, the clerk or board of election commissioners official or
3agency
shall determine by careful examination of the face of the petition whether the
4petition is sufficient and shall so state in a certificate attached to the petition. If the
5petition is found to be insufficient, the certificate shall state the particulars creating
6the insufficiency. The petition may be amended to correct any insufficiency within
75 days following the affixing of the original certificate. Within 2 days after the
8offering of the amended petition for filing, the clerk or board of election
9commissioners
official or agency shall again carefully examine the face of the petition
10to determine sufficiency and shall attach to the petition a certificate stating the
11findings. Immediately upon finding an original or amended petition sufficient,
12except in cities over 500,000 population and in the Moraine Park technical college
13district
, the municipal clerk or school district clerk official shall transmit the petition
14to the governing body or to the school board. Immediately upon finding an original
15or amended petition sufficient, in cities over 500,000 population, the board of election
16commissioners shall file the petition in its office. Immediately upon finding an
17original or amended petition sufficient, in the Moraine Park technical college
18district, the government accountability board shall file the petition in its office.
SB275-AA32, s. 19 19Section 19. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA32,9,2520 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
21body, school board, or board of election commissioners , or government accountability
22board
shall call a recall election. The recall election shall be held on the Tuesday of
23the 6th week commencing after the date on which the certificate is filed, except that
24if Tuesday is a legal holiday the recall election shall be held on the first day after
25Tuesday which is not a legal holiday.
SB275-AA32, s. 20
1Section 20. 9.10 (7) of the statutes is amended to read:
SB275-AA32,10,52 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
3article XIII, section 12, of the constitution and to extend the same rights to electors
4of cities, villages, towns, the Moraine Park technical college district, town sanitary
5districts, and school districts.
SB275-AA32, s. 21 6Section 21. 11.26 (1) (c) of the statutes is amended to read:
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