AB959,67,20 148.37 Filing of referenda petitions or questions. Unless otherwise required
15by law, all proposed constitutional amendments and any other measure or question
16that is to be submitted to a vote of the people, or any petitions requesting that a
17measure or question be submitted to a vote of the people, if applicable, shall be filed
18with the official or agency responsible for preparing the ballots for the election no
19later than 42 days prior to the election at which the amendment, measure or question
20will appear on the ballot.
AB959, s. 112 21Section 112. 8.40 (2) of the statutes is amended to read:
AB959,68,922 8.40 (2) The affidavit certification of a qualified elector stating his or her
23residence with street and number, if any, shall appear at the bottom of each separate
24sheet of each petition specified in sub. (1), stating that the affiant he or she personally
25circulated the petition and personally obtained each of the signatures; that the

1affiant circulator knows that they are electors of the jurisdiction or district in which
2the petition is circulated; that the affiant circulator knows that they signed the paper
3with full knowledge of its content; that the affiant circulator knows their respective
4residences given; that the affiant circulator knows that each signer signed on the
5date stated opposite his or her name; that the affiant circulator resides within the
6jurisdiction or district in which the petition is circulated; and that the affiant
7circulator is aware that falsifying the affidavit certification is punishable under ss.
8s. 12.13 (3) (a) and 946.32 (1) (a). The petition is valid with or without the seal of the
9officer who administers the oath
.
AB959, s. 113 10Section 113. 8.50 (1) (a) of the statutes is amended to read:
AB959,69,511 8.50 (1) (a) When there is to be a special election, the special election for county
12clerk shall be ordered by the sheriff; the special election for any other county office
13shall be ordered by the county clerk except as provided in s. 17.21 (5); the special
14election for school board member in a school district organized under ch. 119 shall
15be ordered by the school board; the special election for municipal judge shall be
16ordered by the mayor, president or chairperson of the municipality, except in 1st class
17cities, or if the judge is elected under s. 755.01 (4) jointly by the mayors, presidents
18or chairpersons of all municipalities served by the judge
; and all other special
19elections shall be ordered by the governor. When the governor or attorney general
20issues the order, it shall be filed and recorded in the office of the board. When the
21county clerk or sheriff issues the order, it shall be filed and recorded in the office of
22the county clerk. When the county executive issues the order, it shall be filed in the
23office of the county board of election commissioners. When the school board of a
24school district organized under ch. 119 issues the order, it shall be filed and recorded
25in the office of the city board of election commissioners. When the mayor, president

1or chairperson issues the order, it shall be filed in the office of the municipal clerk or
2city board of election commissioners. If a municipal judge is elected under s. 755.01
3(4), the order shall be filed in the office of the county clerk or board of election
4commissioners of the county having the largest portion of the population of the
5jurisdiction served by the judge.
AB959, s. 114 6Section 114. 8.50 (1) (b) of the statutes is amended to read:
AB959,69,157 8.50 (1) (b) Notice of any special election shall be given upon the filing of the
8order under par. (a) by publication in a newspaper under ch. 985. If the special
9election concerns a national or state office, the board shall give notice as soon as
10possible to the county clerks. Upon receipt of notice from the board, or when the
11special election is for a county office or a municipal judgeship under s. 755.01 (4), the
12county clerk shall give notice as soon as possible to all the municipal clerks of all
13municipalities in which electors are eligible to vote in the election
and publish one
14type A notice for all offices to be voted upon within the county as provided in s. 10.06
15(2) (n) and (3) (f).
AB959, s. 115 16Section 115. 8.50 (2) (a) of the statutes is amended to read:
AB959,69,2217 8.50 (2) (a) The date for the special election shall be not less than 62 92 nor more
18than 77 107 days from the date of the order except when the special election is held
19on the day of the general election or spring election. If a special election is held
20concurrently with the spring or general election, the special election may be ordered
21not earlier than 92 days prior to the spring primary or September primary,
22respectively, and not later than 49 days prior to that primary.
AB959, s. 116 23Section 116. 8.50 (4) (fm) of the statutes is amended to read:
AB959,70,724 8.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled
25by temporary appointment of the municipal governing body, or, if the judge is elected

1under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
2judge
. The office shall then be permanently filled by special election, held
3concurrently with the next spring election following the occurrence of the vacancy,
4except that a vacancy occurring during the period after December 1 and on or before
5the date of the spring election shall be filled at the 2nd succeeding spring election,
6and no such election may be held after the expiration of the term of office nor at the
7time of holding the regular election for the office.
AB959, s. 117 8Section 117. 9.01 (1) (ag) 1. and 2. of the statutes are amended to read:
AB959,70,169 9.01 (1) (ag) 1. For the purpose of this subsection, the elections board shall
10promulgate a rule defining the "actual cost" of conducting a recount.
Each petition
11for a recount shall be accompanied by the fee or charge prescribed in this paragraph.
12If the difference between the votes cast for the leading candidate and those cast for
13the petitioner or the difference between the affirmative and negative votes cast upon
14any referendum question is less than 10 if 1,000 or less votes are cast or less than .5%
15of the total votes cast for the office or on the question if more than 1,000 votes are cast,
16the petitioner is not required to pay a fee.
AB959,70,2217 2. If the difference between the votes cast for the leading candidate and those
18cast for the petitioner or the difference between the affirmative and negative votes
19cast upon any referendum question is at least 10 if 1,000 or less votes are cast or at
20least
.5% if more than 1,000 votes are cast but less than 3%, the petitioner shall pay
21a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each
22municipality where no wards exist.
AB959, s. 118 23Section 118. 9.01 (1) (ag) 2g. and 2r. of the statutes are created to read:
AB959,71,224 9.01 (1) (ag) 2g. If the difference between the votes cast for the leading
25candidate and those cast for the petitioner or the difference between the affirmative

1and negative votes cast upon any referendum question is at least 3% but less than
25%, the petitioner shall pay 50% of the actual cost of conducting the recount.
AB959,71,63 2r. If the difference between the votes cast for the leading candidate and those
4cast for the petitioner or the difference between the affirmative and negative votes
5cast upon any referendum question is 5% or more, the petitioner shall pay the actual
6cost of conducting the recount.
AB959, s. 119 7Section 119. 9.01 (2) of the statutes is amended to read:
AB959,71,228 9.01 (2) Notice to candidates. When the recount concerns an election for an
9office, the clerk or body with whom the petition is filed shall promptly prepare a copy
10of the petition for delivery to each opposing candidate for the same office whose name
11appears on the ballot. In a recount proceeding for a partisan primary, the clerk or
12body shall prepare a copy of the petition for delivery to each opposing candidate for
13the same party nomination for the same office, to each opposing candidate for the
14party nomination of each other party for the same office and to each independent
15candidate qualifying to have his or her name placed on the ballot for the succeeding
16election. The A candidate or agent designated by a candidate may personally accept
17delivery of a copy of the petition. Upon such delivery, the clerk or body shall require
18the candidate or agent to sign a receipt therefor. If a candidate or agent does not
19personally accept delivery, the
clerk or body shall then promptly deliver the copies
20of the petition to the sheriff, who shall promptly deliver the copies of the petition to
21each candidate at the address given on the candidate's nomination papers, without
22fee, in the manner provided for service of a summons in civil actions.
AB959, s. 120 23Section 120. 9.01 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27,
24is amended to read:
AB959,72,12
19.01 (5) (a) The board of canvassers or the chairperson of the board shall keep
2complete minutes of all proceedings before the board of canvassers or chairperson.
3Upon completion of the proceedings, the board of canvassers shall deliver one copy
4of its minutes to the elections board.
The minutes shall include a record of objections
5and offers of evidence. If the board of canvassers or chairperson receives exhibits
6from any party, the board of canvassers or chairperson shall number and preserve
7the exhibits. The board of canvassers or chairperson shall make specific findings of
8fact with respect to any irregularity raised in the petition or discovered during the
9recount. Any member of the board of canvassers or the chairperson may administer
10oaths, certify official acts and issue subpoenas for purposes of this section. Witness
11fees shall be paid by the county. In the case of proceedings before the chairperson of
12the board, witness fees shall be paid by the board.
AB959, s. 121 13Section 121. 9.01 (7) (a) of the statutes is amended to read:
AB959,72,2414 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
15order directing each affected county or municipal clerk or board to transmit
16immediately all ballots, papers and records affecting the appeal to the clerk of court
17or to impound and secure such ballots, papers and records, or both. The order shall
18fix a place and a time for the a hearing within 5 days of the order either in open court,
19at chambers or before a referee and a time for the hearing in accordance with par.
20(b)
. The order shall be served upon each affected county or municipal clerk or board
21and all other candidates and persons who filed a written notice of appearance before
22any board of canvassers involved in the recount. A reference may be ordered upon
23any question. At the assigned time and place, the matter shall be summarily heard
24and determined and costs taxed as in other civil actions.
AB959, s. 122 25Section 122. 10.02 (3) (b) 1. of the statutes is amended to read:
AB959,73,14
110.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any
2party, the elector shall make a (8) in the circle or depress the lever or button under
3next to the party designation printed shown at the top of the ballot, except that at
4the general election the elector shall cast one vote jointly for the offices of president
5and vice president or governor and lieutenant governor. A vote for candidates for
6president and vice president is a vote for the presidential electors of those candidates
.
7Unless a name has been erased or crossed out, another name written in, a cross made
8to the right next to the name of a candidate for the same office in another column or
9a sticker applied, a cross in the circle next to a party designation at the top of the
10column is a vote for all the party's candidates listed in the column. If an elector does
11not wish to vote for all the candidates nominated by one party, the elector shall make
12a cross (8) in the square at the right of next to or separately depress the levers or
13buttons next to each candidate's name for whom he or she intends to vote, or shall
14insert or write in the name of a candidate.
AB959, s. 123 15Section 123. 10.02 (3) (b) 2. of the statutes is amended to read:
AB959,73,2016 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party
17ballot of his or her choice and shall make a cross (8) in the square at the right of next
18to
or depress the lever or button next to the candidate's name for each office for whom
19the elector intends to vote, or shall insert or write in the name of the elector's choice
20for a candidate.
AB959, s. 124 21Section 124. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB959,74,522 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
23ballot of his or her choice or the ballot containing the names of the independent
24candidates for state office, and make a cross (8) in the square at the right of next to
25or depress the lever or button next to the candidate's name for each office for whom

1the elector intends to vote or insert or write in the name of the elector's choice for a
2party candidate, if any. In order to qualify for participation in the Wisconsin election
3campaign fund, a candidate for state office at the September primary, other than a
4candidate for district attorney, must receive at least 6% of all votes cast on all ballots
5for the office for which he or she is a candidate, in addition to other requirements.
AB959, s. 125 6Section 125. 10.02 (3) (b) 3. and 4., (c) and (d) of the statutes are amended to
7read:
AB959,74,138 10.02 (3) (b) 3. When casting a presidential preference vote, the elector shall
9select the party ballot of his or her choice and make a cross (8) in the square at the
10right of
next to or depress the button or lever next to the candidate's name for whom
11he or she intends to vote or shall, in the alternative, make a cross (8) in the square
12at the right of
next to or depress the button or lever next to the words "Uninstructed
13delegation", or shall write in the name of his or her choice for a candidate.
AB959,74,1714 4. At a nonpartisan primary, the elector shall make a cross (8) in the square
15at the right of
next to or depress the button or lever next to the candidate's name for
16each office for whom he or she intends to vote, or insert or write in the name of his
17or her choice for a candidate.
AB959,74,2118 (c) In presidential elections, the elector shall make a cross (8) in the square at
19the right of
next to or depress the button or lever next to the set of candidates for
20president and vice president for whom he or she intends to vote. The vote shall be
21counted for all the candidates for presidential electors of those candidates.
AB959,74,2422 (d) On referenda questions, the elector shall make a cross (8) in the square at
23the right of
next to or depress the button or lever next to the answer which he or she
24intends to give.
AB959, s. 126 25Section 126. 10.66 (1m) (a) of the statutes is repealed.
AB959, s. 127
1Section 127. 10.76 (1r) (a) of the statutes is repealed.
AB959, s. 128 2Section 128. 10.82 (1) (e) of the statutes is amended to read:
AB959,75,63 10.82 (1) (e) Date for special election. The date for the special election shall be
4not less than 62 92 nor more than 77 107 days from date of order except when the
5special election is held on the day of the spring election or the general election. See
6s. 8.50 (2).
AB959, s. 129 7Section 129. 10.82 (2) (d) of the statutes is amended to read:
AB959,75,118 10.82 (2) (d) Date for special election. The date for the special election shall be
9not less than 62 92 nor more than 77 107 days from date of order except when the
10special election is held on the day of the spring election or the general election. See
11s. 8.50 (2).
AB959, s. 130 12Section 130. 10.82 (3) (d) of the statutes is amended to read:
AB959,75,1613 10.82 (3) (d) Date for special election. The date for the special election shall be
14not less than 62 92 nor more than 77 107 days from date of order except when the
15special election is held on the day of the spring election or the general election. See
16s. 8.50 (2).
AB959, s. 131 17Section 131. 10.82 (4) (d) of the statutes is amended to read:
AB959,75,2118 10.82 (4) (d) Date for special election. The date for the special election shall be
19not less than 62 92 nor more than 77 107 days from date of order except when the
20special election is held on the day of the spring election or the general election. See
21s. 8.50 (2).
AB959, s. 132 22Section 132. 10.82 (5) (c) of the statutes is amended to read:
AB959,76,223 10.82 (5) (c) Date for special election. The date for the special election shall be
24not less than 62 92 nor more than 77 107 days from date of order except when the

1special election is held on the day of the spring election or the general election. See
2s. 8.50 (2).
AB959, s. 133 3Section 133. 11.02 (3) of the statutes is amended to read:
AB959,76,84 11.02 (3) The Except as provided in sub. (3e), the "filing officer" for each
5candidate for local office and for each committee which or individual who is acting
6in support of or in opposition to any candidate for local office, but not any candidate
7for state office, is the clerk of the most populous jurisdiction for which any candidate
8who is supported or opposed seeks office.
AB959, s. 134 9Section 134. 11.02 (3e) of the statutes is created to read:
AB959,76,1410 11.02 (3e) The "filing officer" for each candidate for municipal judge elected
11under s. 755.01 (4) and for each committee which or individual who is acting in
12support of or in opposition to such a candidate, but not any candidate for state office,
13is the county clerk or board of election commissioners of the county having the largest
14portion of the population in the jurisdiction served by the judge.
AB959, s. 135 15Section 135. 11.03 (1) of the statutes is amended to read:
AB959,76,1816 11.03 (1) Elections for the positions of presidential elector, and convention
17delegate and party committeeman or committeewoman are not subject to ss. 11.05
18to 11.23 and 11.26 to 11.29.
AB959, s. 136 19Section 136. 11.60 (4) and (5) of the statutes are amended to read:
AB959,77,720 11.60 (4) Actions under this section arising out of an election for state office or
21a statewide referendum may be brought by the board or by the district attorney of
22the county where the violation is alleged to have occurred, except as specified in s.
2311.38. Actions under this section arising out of an election for local office or a local
24referendum may be brought by the district attorney of the county where the violation
25is alleged to have occurred. Actions under this section arising out of an election for

1county office or a county referendum may be brought by the county board of election
2commissioners of the county wherein the violation is alleged to have occurred.
If a
3violation concerns a district attorney or circuit judge or candidate for such offices, the
4action shall be brought by the attorney general. If a violation concerns the attorney
5general or a candidate for such office, the governor may appoint special counsel
6under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent
7of the attorney general and need not be a state employe at the time of appointment.
AB959,77,13 8(5) Any elector may file a verified petition with the board, the county board of
9election commissioners
or the appropriate district attorney or both with more than
10one of them
where the their authority is concurrent under sub. (4), requesting that
11civil action under this chapter be brought against any person, committee or group.
12The petition shall allege such facts as are within the knowledge of the petitioner to
13show probable cause that a violation of this chapter has occurred.
AB959, s. 137 14Section 137. 24.66 (4) of the statutes is amended to read:
AB959,77,2215 24.66 (4) Popular vote, when required. If any municipality is not empowered
16by law to incur indebtedness for a particular purpose without first submitting the
17question to its electors, the application for a state trust fund loan for that purpose
18must be approved and authorized by a majority vote of the electors at a special
19election called, noticed and held in the manner provided for other special elections.
20The question to be voted on shall be filed as provided in s. 8.37. The notice of the
21election shall state the amount of the proposed loan and the purpose for which it will
22be used.
AB959, s. 138 23Section 138. 32.72 (1) of the statutes is amended to read:
AB959,78,524 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following
25question is submitted to the electors of the city at a special election and adopted by

1a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin
2Statutes, be effective in the city of ................, thus allowing the city to acquire and
3condemn property for street widening and similar purposes, financed through
4assessments of benefits and damages?". The question shall be filed as provided in
5s. 8.37.
AB959, s. 139 6Section 139. 38.08 (1) (a) 1. of the statutes is amended to read:
AB959,78,137 38.08 (1) (a) 1. A district board shall administer the district and shall be
8composed of 9 members who are residents of the district, including 2 employers, 2
9employes, 3 additional members, a school district administrator, as defined under s.
10115.001 (8), and one elected official who holds a state or local office, as defined in s.
115.02, except for the office of party committeeman or party committeewoman. The
12board shall by rule define "employer" and "employe" for the purpose of this
13subdivision.
AB959, s. 140 14Section 140. 59.05 (2) of the statutes, as affected by 1997 Wisconsin Act 35,
15is amended to read:
AB959,79,216 59.05 (2) If two-fifths of the legal voters of any county, to be determined by the
17registration or poll lists of the last previous general election held in the county, the
18names of which voters shall appear on some one of the registration or poll lists of such
19election, present to the board a petition conforming to the requirements of s. 8.40
20asking for a change of the county seat to some other place designated in the petition,
21the board shall submit the question of removal of the county seat to a vote of the
22qualified voters of the county. The board shall file the question as provided in s. 8.37.
23The election shall be held only on the day of the general election, notice of the election
24shall be given and the election shall be conducted as in the case of the election of
25officers on that day, and the votes shall be canvassed, certified and returned in the

1same manner as other votes at that election. The question to be submitted shall be
2"Shall the county seat of .... county be removed to ....?".
AB959, s. 141 3Section 141. 59.08 (7) (b) of the statutes is amended to read:
AB959,79,124 59.08 (7) (b) The question of the consolidation of the counties shall be submitted
5to the voters at the next election to be held on the first Tuesday in April, or the next
6regular election, or at a special election to be held on the day fixed in the order issued
7under par. (a), which day shall be the same in each of the counties proposing to
8consolidate. A copy of the order shall be filed with the county clerk of each of the
9counties as provided in s. 8.37. If the question of consolidation is submitted at a
10special election, it shall be held not less than 30 42 days nor more than 60 days from
11the completion of the consolidation agreement, but not within 60 days of any spring
12or general election.
AB959, s. 142 13Section 142. 60.24 (3) (a) of the statutes is amended to read:
AB959,79,1614 60.24 (3) (a) Nominate individuals for service as election officials when to the
15town board whenever
the town board disapproves the nominee of a party committee
16under s. 7.30 (4) (b) 2. and the names of additional nominees are not available.
AB959, s. 143 17Section 143. 60.30 (4) (b) of the statutes is amended to read:
AB959,79,2118 60.30 (4) (b) The regular term of elected town officers, other than the town
19assessor, commences on the 2nd 3rd Tuesday of April in the year of their election.
20The regular term of an elected assessor commences on June 1 in the year of the
21assessor's election.
AB959, s. 144 22Section 144. 60.62 (2) of the statutes is amended to read:
AB959,80,223 60.62 (2) If the county in which the town is located has enacted a zoning
24ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
25approval by the town meeting or by a referendum vote of the electors of the town held

1at the time of any regular or special election. The question for the referendum vote
2shall be filed as provided in s. 8.37.
AB959, s. 145 3Section 145. 60.74 (5) (b) of the statutes is amended to read:
AB959,80,134 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by
5qualified electors of the district equal to at least 20% of the vote cast for governor in
6the district at the last gubernatorial election, requesting a change to appointment
7of commissioners, may be submitted to the town board, subject to sub. (5m) (a). The
8petition shall be filed as provided in s. 8.37.
Upon receipt of the petition, the town
9board shall submit the question to a referendum at the next regular spring election
10or general election, or shall call a special election for that purpose. The inspectors
11shall count the votes and submit a statement of the results to the commission. The
12commission shall canvass the results of the election and certify the results to the
13town board which has authority to appoint commissioners.
AB959, s. 146 14Section 146. 60.785 (2) (a) of the statutes is amended to read:
AB959,80,2515 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous
16town sanitary district by resolution passed by a two-thirds vote of all of the
17commissioners of each district, fixing the terms of the consolidation and ratified by
18the qualified electors of each district at a referendum held in each district. The
19resolution shall be filed as provided in s. 8.37.
The ballots shall contain the words
20"for consolidation", and "against consolidation". If a majority of the votes cast on the
21referendum in each town sanitary district are for consolidation, the resolutions are
22effective and have the force of a contract. Certified copies of the resolutions and the
23results of the referendum shall be filed with the secretary of natural resources and
24the original documents shall be recorded with the register of deeds in each county
25in which the consolidated district is situated.
AB959, s. 147
1Section 147. 61.187 (1) of the statutes is amended to read:
AB959,81,92 61.187 (1) Procedure. Whenever a petition conforming to the requirements
3of s. 8.40, signed by at least one-third as many electors of any village as voted for
4village officers at the next preceding election therefor, shall be presented to the
5village board, and filed as provided in s. 8.37, praying for dissolution of the village
6corporation, such board shall submit to the electors of such village, for determination
7by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general
8election or at a special election called by them for that purpose, the question whether
9or not such village corporation shall be dissolved.
AB959, s. 148 10Section 148. 61.46 (1) of the statutes is amended to read:
AB959,81,2211 61.46 (1) General; limitation. The village board shall, on or before December
1215 in each year, by resolution to be entered of record, determine the amount of
13corporation taxes to be levied and assessed on the taxable property in such village
14for the current year. Before levying any tax for any specified purpose, exceeding one
15percent of the assessed valuation aforesaid, the village board shall, and in all other
16cases may in its discretion, submit the question of levying the same to the village
17electors at any general or special election by giving 10 days' notice thereof prior to
18such election by publication in a newspaper published in the village, if any, and if
19there is none, then by posting notices in 3 public places in said village, setting forth
20in such notices the object and purposes for which such taxes are to be raised and the
21amount of the proposed tax. The village board shall file the question as provided in
22s. 8.37.
AB959, s. 149 23Section 149. 62.13 (6) (b) of the statutes is amended to read:
AB959,82,724 62.13 (6) (b) The provisions of this subsection shall apply only if adopted by the
25electors. Whenever not less than 30 42 days prior to a regular city election a petition

1therefor, conforming to the requirements of s. 8.40 and signed by electors equal in
2number to not less than 20% of the total vote cast in the city for governor at the last
3general election, shall be filed with the clerk as provided in s. 8.37, the clerk shall give
4notice in the manner of notice of the regular city election of a referendum on the
5adoption of this subsection. Such referendum election shall be held with the regular
6city election, and the ballots shall conform with the provisions of ss. 5.64 (2) and
710.02, and the question shall be "Shall s. 62.13 (6) of the statutes be adopted?"
AB959, s. 150 8Section 150. 64.39 (2) of the statutes is amended to read:
AB959,82,159 64.39 (2) Such petition shall conform to the requirements of s. 8.40 and shall
10be signed by qualified electors of such city at least equal in number to 25% of the total
11number of votes cast in such city for all candidates for governor at the last preceding
12general election. Such petition shall be filed with the city clerk as provided in s. 8.37
13and after being so filed, no name shall be erased or removed therefrom and no
14signature shall be valid or be counted unless its date is less than one month preceding
15the date of such filing.
AB959, s. 151 16Section 151. 66.021 (5) (a) of the statutes is amended to read:
AB959,83,1917 66.021 (5) (a) Notice. Within 60 days after the filing of the petition, the common
18council or village board may accept or reject the petition and if rejected no further
19action shall be taken thereon. Acceptance may consist of adoption of an annexation
20ordinance. Failure to reject the petition shall obligate the city or village to pay the
21cost of any referendum favorable to annexation. If the petition is not rejected the
22clerk of the city or village with whom the annexation petition is filed shall give
23written notice thereof by personal service or registered mail with return receipt
24requested to the clerk of any town from which territory is proposed to be detached
25and shall give like notice to any person who files a written request therefor with the

1clerk. Such notice shall indicate whether the petition is for direct annexation or
2whether it requests a referendum on the question of annexation. If the notice
3indicates that the petition is for a referendum on the question of annexation, the
4clerk of the city or village shall file the notice as provided in s. 8.37.
If the notice
5indicates that the petition is for a referendum on the question of annexation, the
6town clerk shall give notice as provided in par. (c) of a referendum of the electors
7residing in the area proposed for annexation to be held within 30 not less than 42
8days nor more than 72
days after the date of personal service or mailing of the notice
9required under this paragraph. If the notice indicates that the petition is for direct
10annexation, no referendum shall be held unless within 30 days after the date of
11personal service or mailing of the notice required under this paragraph, a petition
12conforming to the requirements of s. 8.40 requesting a referendum is filed with the
13town clerk as provided in s. 8.37, signed by at least 20% of the electors residing in the
14area proposed to be annexed. If such a petition is filed, the clerk shall give notice as
15provided in par. (c) of a referendum of the electors residing in the area proposed for
16annexation to be held within 30 not less than 42 days nor more than 72 days of after
17the receipt of the petition and shall mail a copy of such notice to the clerk of the city
18or village to which the annexation is proposed. Any referendum shall be held at some
19convenient place within the town to be specified in the notice.
AB959, s. 152 20Section 152. 66.022 (3) of the statutes is amended to read:
AB959,84,1421 66.022 (3) The governing body of any city, village or town involved may, or if
22a petition conforming to the requirements of s. 8.40 signed by a number of qualified
23electors thereof equal to at least 5% of the votes cast for governor in the city, village
24or town at the last gubernatorial election, demanding a referendum thereon, is
25presented to it within 30 days after the passage of either of the ordinances herein

1provided for shall, cause the question to be submitted to the electors of the city,
2village or town whose electors petitioned therefor, at a referendum election called for
3such purpose within 30 not less than 42 days nor more than 72 days after the filing
4of such petition, or after the enactment of either ordinance. The petition shall be filed
5as provided in s. 8.37.
Whenever a number of electors cannot be determined on the
6basis of reported election statistics, the number shall be determined in accordance
7with s. 60.74 (6). The governing body of the municipality shall appoint 3 election
8inspectors who shall be resident electors to supervise the referendum. The ballots
9shall contain the words "For Detachment" and "Against Detachment". The
10inspectors shall certify the results of the election by their affidavits annexed thereto
11and file a copy with the clerk of each town, village or city involved, and none of the
12ordinances so provided for shall take effect nor be in force unless a majority of the
13electors shall approve the same. The referendum election shall be conducted in
14accordance with chs. 6 and 7 insofar as applicable.
AB959, s. 153 15Section 153. 66.023 (4) (e) 1. and 2. of the statutes are amended to read:
AB959,84,2416 66.023 (4) (e) 1. Within 30 days after adoption of a final plan under par. (d), the
17governing body of a participating municipality may adopt a resolution calling for an
18advisory referendum on the plan. An advisory referendum shall be held if, within
1930 days after adoption of the final plan under par. (d), a petition, signed by a number
20of qualified electors equal to at least 10% of the votes cast for governor in the
21municipality at the last gubernatorial election, is filed with the clerk of a
22participating municipality and as provided in s. 8.37, requesting an advisory
23referendum on the cooperative plan. The petition shall conform to the requirements
24of s. 8.40.
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