LRB-2573/1
ARG:klm&wlj
2015 - 2016 LEGISLATURE
October 12, 2015 - Introduced by Representatives Jarchow, Ballweg, E. Brooks,
Horlacher, Knodl, Krug, Loudenbeck, Murtha, A. Ott, Petersen, Quinn,
Ripp, Tauchen, Billings, Doyle, Meyers, Milroy, Subeck, Genrich and
Nerison, cosponsored by Senators Moulton,
Cowles, Petrowski, Lassa,
Ringhand, Shilling and Vinehout. Referred to Committee on Energy and
Utilities.
AB392,1,3
1An Act to renumber and amend 185.12 (5) (b); and
to create 185.12 (5) (b) 1.,
22. and 3. of the statutes;
relating to: methods of voting by members of a
3cooperative.
Analysis by the Legislative Reference Bureau
This bill allows members of a cooperative to vote electronically on the election
or removal of directors.
Current law specifies the means for governance of a cooperative organized in
this state, including the adoption by members of bylaws for the cooperative and the
holding of member meetings. Under current law, a member of a cooperative who is
entitled to vote on a motion but is absent from the meeting at which the vote is taken
may vote by signed ballot or electronic means if specified conditions are met. A
cooperative, in its bylaws, may provide for methods and procedures for voting that
are not inconsistent with the statutes.
Current law allows a cooperative, in its bylaws, to provide for voting on the
election or removal of directors by signed ballots. Signed ballots may not be used for
this purpose unless the bylaws authorize and prescribe the procedure for their use.
This bill allows a cooperative to provide for voting by electronic means on the
election or removal of directors if 1) the bylaws provide for electronic voting on the
election or removal of directors; 2) the cooperative can authenticate that it is a
member who is casting a vote; and 3) the cooperative gives an electronic vote the
same effect as a vote cast by signed ballot or in person at a meeting.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB392,1
1Section
1. 185.12 (5) (b) of the statutes is renumbered 185.12 (5) (b) (intro.)
2and amended to read:
AB392,2,73
185.12
(5) (b) (intro.) The bylaws may provide for voting on the election or
4removal of directors by signed ballots
or by electronic means. Signed ballots may not
5be used for this purpose unless the bylaws authorize and prescribe the procedure for
6their use.
Voting by electronic means may not be used unless all of the following
7apply:
AB392,2
8Section
2. 185.12 (5) (b) 1., 2. and 3. of the statutes are created to read:
AB392,2,109
185.12
(5) (b) 1. The bylaws provide for electronic voting on the election or
10removal of directors.
AB392,2,1211
2. The cooperative is able to authenticate that it is a member who is casting a
12vote.
AB392,2,1413
3. The cooperative gives a vote cast by electronic means the same effect as a vote
14cast by signed ballot or by a member present at a meeting.
