AB375: Bill Text

LRB-3336/3

JTK:skg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 375

May 16, 1995 - Introduced by Representatives Skindrud, Powers, Walker, Freese, Ainsworth, Brandemuehl, Foti, Gard, Goetsch, Hahn, Handrick, Hanson, Kreibich, Ladwig, Lehman, Owens, Silbaugh, Underheim, Ward and Zukowski, cosponsored by Senators Fitzgerald, Drzewiecki, Zien and Farrow. Referred to Committee on Elections and Constitutional Law.

AB375,1,9 An Act to repeal 5.02 (20r), 5.65, 8.55 and 10.06 (4) (f); to amend 7.03 (1) (bm), 7.15 (2) (d), 8.05 (3) (d) and (e), 8.06, 9.20 (4), 10.01 (2) (d) and (e), 24.66 (3) (b), 24.66 (4), 32.72 (1), 59.997 (7), 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09 (1) (a), 64.03 (1), 64.39 (3), 66.01 (8), 66.059 (2m) (b), 66.061 (1) (c), 66.075 (5), 66.504 (2), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.05 (4) and (5), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5) (b), 67.12 (12) (e) 5., 81.01 (3) (b), 86.21 (2) (a), 117.20, 119.48 (4) (b) and (c), 119.49 (1) (b) and (2), 121.91 (3) (a), 197.04 (1) and (2), 197.10 (2) and 198.19 (1); and to create 8.065 of the statutes; relating to: scheduling of referenda by local governments.

Analysis by the Legislative Reference Bureau

Under current law, referenda are authorized or required to be held by local governments under various laws for various purposes. In some cases, these referenda are authorized or required to be held at special elections when no offices appear on the ballot. In most cases, there is no limitation upon the frequency that questions relating to the same subject matter may be submitted.

This bill provides that, unless a more restrictive limitation applies currently, a referendum by a local government may only be held concurrently with the spring election (held in each year) or the September primary or general election (held in each even-numbered year). The bill also provides that, unless a more restrictive limitation applies currently, no referendum submitted by the same local government relating to the same subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period. The requirement applies to all referenda, including referenda concerning direct legislation (initiative) in cities and villages.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB375, s. 1 Section 1. 5.02 (20r) of the statutes is repealed.

AB375, s. 2 Section 2. 5.65 of the statutes is repealed.

AB375, s. 3 Section 3. 7.03 (1) (bm) of the statutes is amended to read:

AB375,2,7 7.03 (1) (bm) Whenever a special election is called by a county or by a school district, a technical college district, a sewerage district, or a sanitary district or a public inland lake protection and rehabilitation district, the county or district shall pay the compensation of all election officials, as determined under sub. (2).

AB375, s. 4 Section 4. 7.15 (2) (d) of the statutes is amended to read:

AB375,2,18 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB375, s. 5 Section 5. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB375,3,5 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election specified in s. 8.065 held in the town or at a special election called for the purpose. When a petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting, the question shall be submitted to a vote.

AB375,3,10 (e) Petitions requesting a vote on the question at a regular town election shall be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB375, s. 6 Section 6. 8.06 of the statutes is amended to read:

AB375,3,16 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose to fill vacancies in town, city, village or school district offices whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be noticed under s. 8.55.

AB375, s. 7 Section 7. 8.065 of the statutes is created to read:

AB375,3,19 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB375,4,2 (2) Unless otherwise required by law, a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held concurrently with the spring election, September primary or general election. Unless otherwise required by law, no referendum submitted by the same local governmental unit relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period.

AB375, s. 8 Section 8. 8.55 of the statutes is repealed.

AB375, s. 9 Section 9. 9.20 (4) of the statutes is amended to read:

AB375,4,15 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election specified in s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election specified in s. 8.065 thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

AB375, s. 10 Section 10. 10.01 (2) (d) and (e) of the statutes are amended to read:

AB375,5,6 10.01 (2) (d) Type D—The type D notice shall state the hours the polls will be open and the polling places to be utilized at the election or shall include a concise statement of how polling place information may be obtained. In cities over 500,000 population, the board of election commissioners shall determine the form of the notice. In other municipalities and special purpose districts, the clerk of the municipality or special purpose district shall give the polling place information in the manner the governing body of the municipality or special purpose district decides will most effectively inform the electors. The type D notice shall be published by the municipal clerk or board of election commissioners of each municipality once on the day before each spring primary and election, each special national, state, county or municipal election at which the electors of that municipality are entitled to vote and each September primary and general election. The clerk of each special purpose district which calls a special election shall publish a type D notice on the day before the election, and the day before the special primary, if any, except as authorized in s. 8.55 (3).

AB375,5,21 (e) Type E—The type E notice shall state the qualifications for absentee voting, the procedures for obtaining an absentee ballot in the case of registered and unregistered voters, and the places and the deadlines for application and return of application. The municipal clerk shall publish a type E notice on the 4th Tuesday preceding each spring primary and election, on the 4th Tuesday preceding each September primary and general election, on the 4th Tuesday preceding the primary for each special national, state, county or municipal election if any, on the 4th Tuesday preceding a special county or municipal referendum, and on the 3rd Tuesday preceding each special national, state, county or municipal election to fill an office which is not held concurrently with the spring or general election. The clerk of each special purpose district which calls a special election shall publish a type E notice on the 4th Tuesday preceding the primary for the special election, if any, on the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding a special election for an office which is not held concurrently with the spring or general election except as authorized in s. 8.55 (3).

AB375, s. 11 Section 11. 10.06 (4) (f) of the statutes is repealed.

AB375, s. 12 Section 12. 24.66 (3) (b) of the statutes is amended to read:

AB375,6,5 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4).

AB375, s. 13 Section 13. 24.66 (4) of the statutes is amended to read:

AB375,6,14 24.66 (4) Popular vote, when required. If any municipality is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.

AB375, s. 14 Section 14. 32.72 (1) of the statutes is amended to read:

AB375,6,22 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?".

AB375, s. 15 Section 15. 59.997 (7) of the statutes is amended to read:

AB375,7,13 59.997 (7) When the publication of the said consolidation agreement in each of the said counties is completed, of which the certificate to the judge of the circuit court of the said counties from the owner-editor or manager of each newspaper publishing the same shall be proof, the judge or judges of the circuit courts of the said counties shall, by order entered of record in each of such counties, require the several county clerks of the counties included in the consolidation agreement to submit such question to a vote of the qualified electors of such counties at the next election specified in s. 8.065 to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of said order, which day date shall be the same in each of the counties proposing to consolidate. A copy of said order shall be filed with the county clerk of each of such counties. If such question is submitted at a special election, it shall be held not less than thirty days nor more than sixty days from the completion of the consolidation agreement, but not within sixty days of any April or general election.

AB375, s. 16 Section 16. 60.62 (2) of the statutes is amended to read:

AB375,7,18 60.62 (2) If the county in which the town is located has adopted a zoning ordinance under s. 59.97, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.

AB375, s. 17 Section 17. 60.74 (5) (b) of the statutes is amended to read:

AB375,8,5 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose specified in s. 8.065 to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB375, s. 18 Section 18. 61.187 (1) of the statutes is amended to read:

AB375,8,15 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election specified in s. 8.065 to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

AB375, s. 19 Section 19. 61.46 (1) of the statutes is amended to read:

AB375,9,3 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election specified in s. 8.065 to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB375, s. 20 Section 20. 62.09 (1) (a) of the statutes is amended to read: