5.58(1r)
(1r) Town sanitary district commission. There shall be a separate ballot for members of the town sanitary district commission if commissioners are elected under
s. 60.74 and the boundaries of the district are not coterminous with one or more towns. Candidates for different seats shall be listed in separate columns or rows if more than one seat is contested in any election. Arrangement of the names on the ballot shall be determined by the town clerk of the town whose board of supervisors directs the election, in the same manner as provided in
s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Town Sanitary District Commission".
5.58(2)
(2) State superintendent of public instruction; judiciary; county executive; and county supervisors. 5.58(2)(a)(a) There shall be one separate ballot for state superintendent, judicial officers, county executive under
s. 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under
s. 8.11 (2) and
(2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in
s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in
s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".
5.58(2)(b)
(b) The candidates for the offices shall be designated on the ballot as follows: "For State Superintendent", "For Justice of the Supreme Court", "For Court of Appeals Judge", "For Circuit Judge Br. ....", and others as the situation requires.
5.58(2m)
(2m) Metropolitan sewerage commission. There shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under
s. 66.23 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be titled "Official Primary Ballot for Metropolitan Sewerage Commission".
5.58(3)
(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, 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.
5.58 History
History: 1971 c. 304 ss.
6 to
8,
29 (2);
1973 c. 134,
243;
1973 c. 334 s.
57 (2);
1973 c. 340;
1975 c. 93;
1977 c. 187,
272,
445,
449;
1979 c. 32,
221,
260;
1981 c. 20,
377;
1983 a. 484;
1983 a. 532 s.
36;
1985 a. 29 s.
3202 (56);
1985 a. 89,
225;
1985 a. 304 ss.
27,
27m,
155;
1989 a. 192,
290;
1991 a. 5;
1993 a. 266;
1995 a. 16 s.
2;
1995 a. 27 s.
9145 (1);
1995 a. 201,
219;
1997 a. 35.
5.60
5.60
Spring election ballots. At spring elections the following ballots, when necessary, shall be provided for each ward.
5.60(1)
(1) State superintendent; judiciary; county executive and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive and county supervisor. For county supervisor, the ballot shall be prepared in accordance with
ss. 5.58 (2) and
59.10 (3). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or the executive director of the county board of election commissioners in the manner prescribed in
par. (b).
5.60(1)(a)
(a) The names of candidates for the same office shall be placed in the same column. No party designation may appear on the official ballot. Unless no candidate is certified to appear on the ballot for a state office, a space shall be provided on the ballot for electors to write in the name of a person for each office, regardless of whether there is a primary for that office.
5.60(1)(b)
(b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge, municipal judge elected under
s. 755.01 (4) and, if commissioners are elected under
s. 66.23 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.
5.60(1)(c)
(c) When 2 or more judges of the same court are to be elected, the official ballot shall contain the names of all candidates, shall state the number of judges to be elected and the number of candidates for whom each elector may vote. Each candidacy shall show the branch being filled.
5.60(2)
(2) Municipal judge. If the election is under
s. 755.01 (4), there shall be a separate ballot listing the names of all of the candidates.
5.60(3)
(3) City. There shall be a separate ballot giving the names of all candidates for city offices, printed in the same form as prescribed by the board under
s. 7.08 (1) (a). City election ballots may vary in form to conform to the law under which an election is held.
5.60(3)(a)
(a) No party designation shall appear on the official ballot.
5.60(3)(b)
(b) The city clerk or executive director of the city election commission shall arrange the official city ballot under
s. 5.62 (4).
5.60(4)(a)(a) There shall be a separate ballot for school district officers when so required.
5.60(4)(b)
(b) In 1st class cities, the names of the candidates for the seat of the member elected at-large to the board of school directors shall be placed on the official city ballot and there shall be a separate ballot giving the names of the candidates for any seat to be filled on the board of school directors from any election district. The names of candidates for the at-large seat shall be placed in the same column or row on the ballot.
5.60(4)(c)
(c) The arrangement of candidates for school board seats shall be determined by the school district clerk or the executive director of the city board of election commissioners by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday, if there is no primary, or not later than the 3rd day following the completion of the primary canvass if a primary is held. The method of determining arrangement shall be the same as provided in
sub. (1) (b). Sufficient space shall be provided on the ballot for write-in candidates.
5.60(4m)
(4m) Metropolitan sewerage commission. A separate ballot shall list the names of all candidates for metropolitan sewerage commission seats, if commissioners are elected under
s. 66.23 (11) (am). The names for the different seats shall be placed in separate columns or rows if more than one seat is contested at any election.
5.60(5)
(5) Village. There shall be a separate ballot giving the names of all candidates for village offices.
5.60(5)(a)
(a) The offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. Where there is more than one ward, candidates shall be arranged by using the same method as that used by the board under
sub. (1) (b). Sufficient space shall be left under each office for write-in candidates.
5.60(5)(b)
(b) Only persons nominated under
s. 8.05 shall be placed on the official ballots. If no nominations are made, the spaces for this office shall be left blank.
5.60(6)(a)(a) There shall be a separate ballot giving the names of all candidates for elective town offices in the form prescribed by the board under
s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form shall be used for the election of supervisors to numbered seats and one ballot form shall be used for the election of supervisors to unnumbered seats. On the ballot used for the election of supervisors to unnumbered seats, all supervisor candidates shall be listed together and the voting instructions shall state "Vote for not more than.... [insert number of supervisors to be elected] candidates". All towns shall elect their supervisors to unnumbered seats unless the annual town meeting adopts a plan to elect supervisors to numbered seats. The names of candidates for town office shall be arranged by using the same method as that used by the board under
sub. (1) (b). A space shall be provided under each office on the ballot for a write-in candidate.
5.60(6)(b)
(b) Only the names of individuals nominated under
s. 8.05 may be placed on the official ballot. If no nominations for an office are made, the space for that office shall be left blank.
5.60(6m)
(6m) Town sanitary district commission. A separate ballot shall list the names of all candidates for town sanitary district commission seats, if commissioners are elected under
s. 60.74 and the boundaries of the district are not coterminous with the boundaries of one or more towns. The names for different seats shall be placed in separate columns or rows if more than one seat is contested at any election.
5.60(7)
(7) Referendum ballots. There shall be a separate ballot setting forth all propositions requiring a vote in the form and manner provided by
s. 5.64.
5.60(8)
(8) Ballots for presidential vote. There shall be a separate ballot for each recognized political party filing a certification under
s. 8.12 (1), listing the names of all potential candidates of that party determined under
s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of such presidential candidates shall be determined by lot by or under the supervision of the board. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.
5.60(8)(a)
(a) An official ballot shall be printed and provided for use in each voting district. The form of each ballot shall be substantially as follows:
5.60(8)(a)1.
1. Form 1, to be used when there are several candidates:
OFFICIAL BALLOT
PRESIDENTIAL PREFERENCE VOTE
.... Party
Mark this ballot in one space only. You have one of 3 choices—you may either:
Express your preference for one of the persons whose names are printed on this ballot (in that case, make a cross (8) in the square after that person's name); or
Vote for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square following "Uninstructed delegation"); or
Write in the name of another person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").
OLE CARLSON( )
AMOS DUNCAN( )
JAMES UNDERWOOD( )
Uninstructed delegation( )
Write-in candidate
5.60(8)(a)2.
2. Form 2, to be used when there is only one candidate:
OFFICIAL BALLOT
PRESIDENTIAL PREFERENCE VOTE
.... Party
Mark this ballot in one space only. You have one of 3 choices—you may either:
Express your preference for the person whose name is printed on this ballot (in that case, make a cross (8) in the square after that person's name); or
Vote for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square marked "Uninstructed delegation" following that person's name); or
Write in the name of another person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").
JOHN DOE( )
Uninstructed delegation( )
Write-in candidate
5.60(8)(a)3.
3. Form 3, to be used when there are no candidates who have qualified to appear on the ballot:
OFFICIAL BALLOT
PRESIDENTIAL PREFERENCE VOTE
.... Party
Mark this ballot in one space only. There are no candidates of the .... party who have qualified to have their names appear on the printed ballot. You have 2 choices—you may either:
Express your preference for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square following "Uninstructed delegation"); or
Write in the name of a person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").
Uninstructed delegation( )
Write-in candidate
5.60(8)(c)
(c) The official ballots for the presidential preference vote shall be securely fastened together at the bottom. The party receiving the greatest number of votes for governor at the preceding election shall have its ticket placed on top and the remaining party ballots shall follow in the same manner. A facsimile ballot notice shall be published as provided in
s. 10.02.
5.60 Annotation
National democratic party has protected right of political association and may not be compelled to seat delegates chosen in open primary in violation of party's rules. Democratic Party of U.S. v. Wisconsin, 450 US 107 (1981).
5.62
5.62
September primary ballots. 5.62(1)(a)(a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under
s. 7.08 (1) (a). The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under
par. (b) or
sub. (2) having its own ballot. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under
s. 5.64 (1) (e). The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under
sub. (2) shall be placed after the parties qualifying under
par. (b), in the same order in which the parties filed petitions with the board. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.
5.62(1)(b)
(b) Every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least one percent of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least one percent of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in
par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this paragraph may be filed no later than 5 p.m. on June 1 in the year of each general election. This paragraph applies to a party only if at least one candidate of the party for a state office qualifies to have his or her name appear on the ballot under the name of the party at the last gubernatorial election.
5.62(2)
(2) Any political organization may be represented on a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in
sub. (1) (a) and a separate column on the general election ballot in every ward and election district if, not later than 5 p.m. on June 1 in the year of a September primary, it files with the board a petition so requesting. To qualify for a separate ballot, the petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of
s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.
5.62(3)
(3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in
s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.
5.62(4)
(4) The county clerk or county board of election commissioners shall designate the official primary ballot arrangement for all candidates filing nomination papers in that office.
5.62(4)(a)
(a) Within a county the county clerk shall arrange the names of all candidates filing nomination papers with the clerk's office using the same method as that used by the board under
s. 5.60 (1) (b).
5.62(4)(b)
(b) The county board of election commissioners in counties having a population of more than 500,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the elections board under
s. 5.60 (1) (b).
5.62(5)
(5) At the September primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, but no space shall be provided to write in the names of independent candidates.
5.62 Annotation
Filing of a proper petition by the requisite number of electors in a senate, assembly or congressional district will qualify the political organization referred to in said petition as a party entitled to a separate ballot within the specific district only for all the state, congressional, legislative and county offices for which an elector of such district may vote. The petition may be circulated commencing after any November general election and ending on the June 1 immediately prior to the next succeeding September primary. A petition filed February, 1972, signed by the electors of an assembly district, would not qualify filing political organization for a separate ballot at the presidential preference primary to be held at the April, 1972, spring election. 61 Atty. Gen. 41.
5.64
5.64
General election ballots. At general elections the following ballots, when necessary, shall be provided for each ward.
5.64(1)
(1) Official ballot. There shall be a separate ballot giving the names of all candidates for statewide, congressional, legislative and county offices in the same form as prescribed by the board under
s. 7.08 (1) (a).
5.64(1)(a)
(a) The ballot shall be labeled "Official Ballot" in lettering at least three-eighths inch high. Directly underneath in plain, legible type, shall be the following voting instructions: "If you desire to vote a straight party ticket for all statewide, congressional, legislative and county offices, make a cross (8) in the circle under the party designation at the top of the party column. If you desire to vote for individual candidates, make a cross (8) in the square at the RIGHT of the name of each candidate for whom you desire to vote. To vote for a person whose name does not appear on the ballot, write the name in the blank space provided for the purpose. When voting for governor and lieutenant governor, you may vote only for the candidates on one ticket jointly or write in the names of persons in both spaces.". Under the party designation at the top of each party column shall appear the following words in boldface type: "Make a cross (8) in this circle to vote a straight party ticket.".
5.64(1)(b)
(b) Below the voting instructions the ballot shall be divided into vertical columns. The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under
s. 8.35 (2) shall be printed each in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by the party's candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under
s. 5.62 (1) (b) shall be placed the columns for parties qualifying under
s. 5.62 (2) in the same order in which the parties filed petitions with the board. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.
5.64(1)(c)
(c) The party designation shall be printed at the top of each column and under it shall appear a circle at least three-eighths of an inch in diameter for electors wishing to vote a straight party ticket. Within each column only candidates nominated by the party designated at the head of the column shall appear.
5.64(1)(d)
(d) The offices shall be arranged beginning with governor and lieutenant governor, whenever these offices are filled, and then the remaining offices in the order designated under
s. 5.62 (3).
5.64(1)(e)
(e) Within each column, each space shall state the office to be voted for directly above the candidate's first and last name. The candidate's name shall be placed in the party column by which nominated or if independent, in a column designated independent and all candidates for the same office shall appear within the same rows on the ballot. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Independent candidates for the same county office shall be listed in the same manner in an order drawn by lot by or under supervision of the county clerk or board of election commissioners. The board shall conduct a redrawing for purposes of determining the arrangement of independent candidates for state office who appeared on the primary ballot in the manner provided in
s. 5.60 (1) (b). To the right of each candidate's name, in each column, shall be a square for the elector to make his or her cross (8).
5.64(1)(f)
(f) In the case of balloting for the office of governor and lieutenant governor, the names of the candidates shall be placed in the party column by which nominated or if independent, in a column designated independent. To the right of the names of the set of candidates for governor and lieutenant governor, in each column shall be one square for the elector to cast a ballot jointly for both offices.
5.64(1)(g)
(g) Following under the independent candidates for each office, a space shall be provided for the elector to write in the name of a candidate of his or her choice for that office.
5.64(2)
(2) Referendum ballot. There shall be a separate ballot when any proposed constitutional amendment or any other measure or question is submitted to a vote of the people. The ballot shall give a concise statement of each question in accordance with the act or resolution directing submission in the same form as prescribed by the board under
s. 7.08 (1) (a). The question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Unless otherwise expressly provided, this ballot form shall be used at all elections when questions are submitted to a vote of the people.
