AB700, s. 121
9Section
121. 7.30 (4) (cm) of the statutes is repealed.
AB700, s. 122
10Section
122. 7.30 (4) (cn) of the statutes is repealed.
AB700, s. 123
11Section
123. 7.37 (6) of the statutes is amended to read:
AB700,63,1512
7.37
(6) Attach stickers. Whenever a vacancy occurs in a nomination after the
13ballots have been printed and stickers are provided under s. 7.38
(3) or 8.35 (2), the
14inspectors shall, at the direction of the municipal clerk, properly apply the stickers
15to the official ballots before endorsement.
AB700, s. 124
16Section
124. 7.38 (title) and (1) of the statutes are repealed.
AB700, s. 125
17Section
125. 7.38 (3) of the statutes is renumbered 7.38, and 7.38 (1) and (5),
18as renumbered, are amended to read:
AB700,64,619
7.38
(1) Except as provided in
par. (d) sub. (4), after the death of a candidate
20nominated for a partisan office, either in a primary or when no primary is required
21under s. 8.50 (3) (b), the vacancy may be filled by the candidate's political party. In
22the case of county offices, the vacancy shall be filled by the chairperson of the county
23committee. If no county committee exists, the vacancy shall be filled by the
24chairperson of the state committee. For other offices, the vacancy shall be filled by
25the chairperson of the state committee. The appropriate chairperson shall file with
1the official or agency with whom nomination papers are filed for the office a
2certificate signed, certified and sworn to the same as an original nomination paper.
3The certificate shall state the cause of the vacancy, the name of the new nominee and
4the office for which the nomination is made. A political party may not nominate a
5candidate for an office for which no person representing that party has filed
6nomination papers and a declaration of candidacy.
AB700,64,9
7(5) In the event of failure to file the name of a current state chairperson, as
8required under s. 8.17 (12), the board may not recognize the state committee for the
9purpose of filling vacancies under
par. (a) sub. (1).
AB700, s. 127
11Section
127. 7.41 (1) of the statutes is amended to read:
AB700,64,1512
7.41
(1) Any member of the public may be present at any polling place for the
13purpose of observation of an election, except a candidate at that election.
The chief
14inspector may reasonably limit the number of persons representing the same
15organization who are permitted to observe an election at the same time.
AB700, s. 128
16Section
128. 7.51 (3) (d) of the statutes is amended to read:
AB700,64,2317
7.51
(3) (d) All absentee
certificate-affidavit certificate envelopes which have
18been opened shall be returned by the inspectors to the municipal clerk in a securely
19sealed carrier envelope which is clearly marked "used absentee
certificate-affidavit 20certificate envelopes". The envelopes shall be signed by the chief inspector and 2
21other inspectors. Except when the ballots are used in a municipal or school district
22election only, the municipal clerk shall transmit the used envelopes to the county
23clerk.
AB700, s. 129
24Section
129. 7.53 (3) (a) of the statutes is amended to read:
AB700,65,21
17.53
(3) (a) In a common, union high or unified school district, the school district
2clerk shall appoint 2 qualified electors of the school district prior to the date of the
3election being canvassed who shall, with the school district clerk, constitute the
4school district board of canvassers. If the school district clerk is a candidate at the
5election being canvassed, the other 2 members of the board of canvassers shall
6designate a 3rd member to serve in lieu of the clerk for that election.
The school
7district clerk shall appoint a member to fill any other temporary vacancy on the board
8of canvassers. The canvass shall begin as soon as possible after receipt of the returns,
9and shall continue, without adjournment, until completed. The board of canvassers
10may return defective returns to the municipal board of canvassers in the manner
11provided in s. 7.60 (3). The board of canvassers shall prepare a written statement
12showing the numbers of votes cast for each person for each office and for and against
13each question and shall prepare a determination showing the names of the persons
14who are elected to the school board and the results of any school district referendum.
15Following each primary election, the board of canvassers shall prepare a statement
16certifying the names of the persons who have won nomination to the school board.
17Each statement and determination shall be attested by each of the canvassers. The
18board of canvassers shall file each statement and determination in the school district
19office. The school district clerk shall certify nominations after each primary and
20issue certificates of election to persons who are elected to the school board after each
21election in the manner provided in sub. (4).
AB700, s. 130
22Section
130. 7.60 (2) of the statutes is amended to read:
AB700,66,1923
7.60
(2) County board of canvassers. The county clerk and 2 qualified electors
24of the county appointed by the clerk constitute the county board of canvassers. The
25members of the board of canvassers shall serve for 2-year terms commencing on
1January 1 of each odd-numbered year, except that any member who is appointed to
2fill a permanent vacancy shall serve for the unexpired term of the original appointee.
3One member of the board of canvassers shall belong to a political party other than
4the clerk's. If the county clerk's office is vacant,
or if the clerk cannot perform his or
5her duties
or if the clerk is a candidate at an election being canvassed, the county
6clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk
7and designated deputy clerk are both unable to perform their duties, the county
8executive or, if there is no county executive, the chairperson of the county board of
9supervisors shall designate another qualified elector of the county to perform the
10clerk's duties. If a member other than the clerk cannot perform his or her duties, the
11clerk shall appoint another member to serve. No person may serve on the county
12board of canvassers if the person is a candidate for an office to be canvassed by that
13board. If lists of candidates for the county board of canvassers are submitted to the
14county clerk by political party county committees, the lists shall consist of at least
153 names and the clerk shall choose the board members from the lists. Where there
16is a county board of election commissioners, it shall serve as the board of canvassers.
17If the county board of election commissioners serves as the board of canvassers, the
18executive director of the county board of election commissioners shall serve as a
19member of the board of canvassers to fill a temporary vacancy on that board.
AB700, s. 131
20Section
131. 7.60 (4) (a) of the statutes is amended to read:
AB700,67,1621
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
22showing the numbers of votes cast for the offices of president and vice president; state
23officials; U.S. senators and representatives in congress; state legislators; justice;
24court of appeals judge; circuit judges; district attorneys;
municipal judges, if they are
25elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the
1commissioners are elected under s. 66.23 (11) (am).
If a municipal judge elected
2under s. 755.01 (4) serves a municipality that is located partially within the county
3and candidates for that judgeship file nomination papers in another county, the
4board of canvassers shall prepare a duplicate statement showing the numbers of
5votes cast for that judgeship in that county for transmittal to the other county. For
6partisan candidates, the statements shall include the political party or principle
7designation, if any, next to the name of each candidate. The board of canvassers shall
8also prepare a statement showing the results of any county, technical college district
9or statewide referendum. Each statement shall state the total number of votes cast
10in the county for each office; the names of all persons for whom the votes were cast,
11as returned; the number of votes cast for each person; and the number of votes cast
12for and against any question submitted at a referendum. The board of canvassers
13shall use one copy of
the each duplicate statement to report to the elections board
or, 14technical college district board
or board of canvassers of any other county and shall
15file the other statement in the office of the county clerk or board of election
16commissioners.
AB700, s. 132
17Section
132. 7.60 (4) (b) of the statutes is amended to read:
AB700,68,318
7.60
(4) (b) The board of canvassers shall then prepare a written
19determination, in duplicate where necessary, giving the names of the persons elected
20to any county office
and to any municipal judgeship if the judge is elected under s.
21755.01 (4) and candidates for that judgeship file nomination papers in that county.
22The board of canvassers shall likewise prepare a written determination showing the
23results of any county referendum. Following any primary election, the board of
24canvassers shall prepare a statement certifying the names of all persons who have
25won nomination to any county office
or any municipal judgeship, if the judge is
1elected under s. 755.01 (4) and candidates for that judgeship file nomination papers
2in that county. The board of canvassers shall file all statements and determinations
3in the office of the county clerk or board of election commissioners.
AB700, s. 133
4Section
133. 7.60 (5) of the statutes is amended to read:
AB700,69,55
7.60
(5) Reporting. Immediately following the canvass the county clerk shall
6deliver or send to the elections board, by 1st class mail, a certified copy of each
7statement of the county board of canvassers for president and vice president; state
8officials; senators and representatives in congress; state legislators; justice; court of
9appeals judge; circuit judge; district attorney;
municipal judge, if elected under s.
10755.01 (4); and metropolitan sewerage commissioners, if the commissioners are
11elected under s. 66.23 (11) (am). The statement shall record the returns for each
12office or referendum by ward, unless combined returns are authorized under s. 5.15
13(6) (b) in which case the statement shall record the returns for each group of
14combined wards. Following primaries the county clerk shall enclose on blanks
15prescribed by the elections board the names, party or principle designation, if any,
16and number of votes received by each candidate recorded in the same manner. The
17county clerk shall deliver or transmit the certified statement to the elections board
18no later than 7 days after each primary and no later than 10 days after any other
19election. The board of canvassers shall deliver or transmit a certified copy of each
20statement for any technical college district referendum to the secretary of the
21technical college district board. If the board of canvassers becomes aware of a
22material mistake in the canvass of an election for state or national office or a
23statewide or technical college district referendum prior to the close of business on the
24day the elections board receives returns from the last county board of canvassers
25with respect to that canvass, the board of canvassers may petition the elections board
1to reopen and correct the canvass. The elections board shall direct the canvass to be
2reopened and corrected if it determines that the public interest so requires. If the
3elections board directs the canvass to be reopened, the board of canvassers shall
4reconvene and transmit a certified corrected copy of the canvass statement to the
5elections board or secretary of the technical college district board.
AB700, s. 134
6Section
134. 7.60 (6) of the statutes is amended to read:
AB700,69,147
7.60
(6) Certificate of election. Immediately after expiration of the time
8allowed to file a petition for a recount the county clerk shall issue a certificate of
9election to each person who is elected to any county office
and to each person who is
10elected to the office of party committeeman or committeewoman. The certificate
11notice shall state the amount of the required official bond, if any. When a petition
12for a recount is filed, the county clerk shall not issue the certificate of election for the
13office in question until the recount has been completed and the time allowed for filing
14an appeal has passed, or if appealed until the appeal is decided.
AB700, s. 135
15Section
135. 7.70 (3) (a) of the statutes is amended to read:
AB700,69,2216
7.70
(3) (a) The chairperson of the board
or a designee of the chairperson
17appointed by the chairperson to canvass a specific election shall publicly canvass the
18returns and make his or her certifications and determinations
at the state capitol or
19at the office of the board on or before the 2nd Tuesday following a spring primary, the
2015th day of May following a spring election, the 4th Tuesday in September following
21a September primary, the first day of December following a general election, the 2nd
22Thursday following a special primary, or within 18 days after any special election.
AB700, s. 136
23Section
136. 7.70 (3) (b) of the statutes is amended to read:
AB700,70,824
7.70
(3) (b) The chairperson of the board
or the chairperson's designee shall
25examine the certified statements of the county boards of canvassers. If it appears
1that any material mistake has been made in the computation of votes, or any county
2board of canvassers failed to canvass the votes or omitted votes from any ward or
3election district in the county, the chairperson of the board
or the chairperson's
4designee may dispatch a messenger to the county clerk with written instructions to
5certify the facts concerning the mistake or the reason why the votes were not
6canvassed. A clerk to whom such instructions are delivered shall immediately make
7a true and full answer, sign it, affix the county seal and deliver it to the messenger.
8The messenger shall deliver it with all possible dispatch to the board.
AB700, s. 137
9Section
137. 7.70 (3) (c) of the statutes is amended to read:
AB700,70,1110
7.70
(3) (c) The chairperson of the board
or the chairperson's designee shall
11conclude the state canvass within 10 days after its commencement.
AB700, s. 138
12Section
138. 7.70 (3) (d) of the statutes is amended to read:
AB700,70,2413
7.70
(3) (d) When the certified statements and returns are received, the
14chairperson of the board
or the chairperson's designee shall proceed to examine and
15make a statement of the total number of votes cast at any election for the offices
16involved in the election for president and vice president; a statement for each of the
17offices of governor, lieutenant governor, if a primary, and a joint statement for the
18offices of governor and lieutenant governor, if a general election; a statement for each
19of the offices of secretary of state, state treasurer, attorney general, and state
20superintendent; for U.S. senator; representative in congress for each congressional
21district; the state legislature; justice; court of appeals judge; circuit judge; district
22attorney;
municipal judge, if he or she is elected under s. 755.01 (4); metropolitan
23sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and
24for any referenda questions submitted by the legislature.
AB700, s. 139
25Section
139. 7.70 (3) (e) (intro.) of the statutes is amended to read:
AB700,71,3
17.70
(3) (e) (intro.) The chairperson of the board
or the chairperson's designee 2shall make a special statement to the board as soon as possible after the canvass
3certifying:
AB700, s. 140
4Section
140. 7.70 (3) (g) of the statutes is amended to read:
AB700,71,155
7.70
(3) (g) Following each primary election, the chairperson of the board
or the
6chairperson's designee shall prepare a statement certifying the results of the
7primary, which shall indicate the names of the persons who have won nomination to
8any state or national office. Following each other election, the chairperson of the
9board
or the chairperson's designee shall prepare a statement certifying the results
10of the election and shall attach to the statement a certificate of determination which
11shall indicate the names of persons who have been elected to any state or national
12office. The chairperson of the board
or the chairperson's designee shall likewise
13prepare a statement and certificate for any statewide referendum. The chairperson
14of the board
or the chairperson's designee shall deliver each statement and
15determination to the board.
AB700, s. 141
16Section
141. 7.70 (3) (h) of the statutes is amended to read:
AB700,71,2517
7.70
(3) (h) Whenever a referendum question submitted to a vote of the people
18is approved, the board shall record it and the secretary of state shall have the record
19bound in the volume containing the original enrolled laws passed at the next
20succeeding session of the legislature and have the record published with the laws
21thereof. Whenever a constitutional amendment or other statewide validating or
22ratifying referendum question which is approved by the people does not expressly
23state the date of effectiveness, it shall become effective at the time the chairperson
24of the board
or the chairperson's designee certifies that the amendment or
25referendum question is approved.
AB700, s. 142
1Section
142. 7.70 (3) (i) of the statutes is amended to read:
AB700,72,122
7.70
(3) (i) The chairperson of the board
or the chairperson's designee shall
3canvass only regular returns made by the county board of canvassers and shall not
4count or canvass any additional or supplemental returns or statements made by the
5county board or any other board or person. The chairperson of the board
or the
6chairperson's designee shall not count or canvass any statement or return which has
7been made by the county board of canvassers at any other time than that provided
8in s. 7.60. This provision does not apply to any return made subsequent to a recount
9under s. 9.01, when the return is accepted in lieu of any prior return from the same
10county for the same office; or to a statement given to the chairperson of the board
or
11chairperson's designee or a messenger sent by the chairperson
or designee to obtain
12a correction.
AB700, s. 143
13Section
143. 7.70 (5) (a) of the statutes is amended to read:
AB700,73,414
7.70
(5) (a) The board shall record in its office each certified statement and
15determination made by the chairperson of the board
or the chairperson's designee.
16Immediately after the expiration of the time allowed to file a petition for recount, the
17board shall make and transmit to each person declared elected a certificate of
18election under the seal of the board. It shall also prepare similar certificates, attested
19by the executive director of the board, addressed to the U.S. house of representatives,
20stating the names of those persons elected as representatives to the congress from
21this state. In the case of U.S. senators, the board shall prepare a certificate of election
22for the governor's signature, and the governor shall sign and affix the great seal of
23the state and transmit the certificate to the president of the U.S. senate. The
24certificate shall be countersigned by the secretary of state. If a person elected was
25elected to fill a vacancy, the certificate shall so state. When a valid petition for
1recount is filed, the chairperson of the board
or the chairperson's designee may not
2certify a nomination, and the governor or board may not issue a certificate of election
3until the recount has been completed and the time allowed for filing an appeal has
4passed, or if appealed until the appeal is decided.
AB700, s. 144
5Section
144. 8.05 (1) (j) of the statutes is amended to read:
AB700,74,86
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
7name is certified as a nominee under par. (h) of his or her nomination.
If a municipal
8judge is elected under s. 755.01 (4), the county clerk of the county having the largest
9portion of the population in the jurisdiction served by the judge shall make the
10notification. Upon receipt of the notice, each candidate shall file a declaration of
11candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
12notification no later than 5 p.m. on the 5th day after the notification is mailed or
13personally delivered to the candidate by the municipal clerk, except as authorized
14in this paragraph. If an incumbent whose name is certified as a nominee fails to file
15a declaration of candidacy within the time prescribed by this paragraph, each
16certified candidate for the office held by the incumbent, other than the incumbent,
17may file a declaration of candidacy no later than 72 hours after the latest time
18prescribed in this paragraph. If the candidate has not filed a registration statement
19under s. 11.05 at the time of the notification, the candidate shall file the statement
20with the declaration. A candidate for municipal judge shall also file a statement of
21economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m.
22on the 5th day after notification of nomination is mailed or personally delivered to
23the candidate
by the municipal clerk, or no later than 4:30 p.m. on the next business
24day after the last day for filing a declaration of candidacy whenever that candidate
25is granted an extension of time for filing a declaration of candidacy under this
1paragraph. Upon receipt of the declaration of candidacy and registration statement
2of each qualified candidate, and upon filing of a statement of economic interests by
3each candidate for municipal judge, the municipal clerk
, or the county clerk if the
4judge is elected under s. 755.01 (4), shall place the name of the candidate on the
5ballot. No later than the end of the 3rd day following qualification by all candidates,
6the municipal clerk
, or the county clerk if the judge is elected under s. 755.01 (4), 7shall draw lots to determine the arrangement of candidates' names on the spring
8election ballot.
AB700, s. 145
9Section
145. 8.05 (3) (b) of the statutes is amended to read:
AB700,74,1110
8.05
(3) (b)
Notice The town clerk shall
be given give notice of the primary 11under
ss. 10.01 (2) (a) and s. 10.06
(2) (3) (a).
AB700, s. 146
12Section
146. 8.05 (3) (d) and (e) of the statutes are amended to read:
AB700,74,1813
8.05
(3) (d) The question of adoption of the nonpartisan primary under this
14subsection may be submitted to the electors at any regular election held in the town
15or at a special election called for the purpose. When a petition
requesting adoption
16of the nonpartisan primary conforming to the requirements of s. 8.40 signed by at
17least 20 electors of the town is filed with the town clerk
so requesting as provided in
18s. 8.37, the question shall be submitted to a vote.
AB700,74,2319
(e) Petitions requesting a vote on the question at a regular town election shall
20be filed
in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February.
21When the petition is filed, the clerk shall check its sufficiency. Whether at a regular
22or special election, the clerk shall give separate notice by one publication in a
23newspaper at least 5 days before the election.
AB700, s. 147
24Section
147. 8.05 (5) of the statutes is amended to read:
AB700,75,10
18.05
(5) When primary is held. Towns and villages adopting the nonpartisan
2primary to nominate candidates, under subs. (3) and (4), shall hold a primary only
3when the number of candidates for an elective office in the municipality exceeds
4twice the number to be elected to the office.
A primary for the office of municipal
5judge under s. 755.01 (4) shall be held whenever there are more than 2 candidates
6for that office. Those offices for which a primary has been held shall have only the
7names of candidates nominated at the primary appear on the official spring election
8ballot. When the number of candidates for an office does not exceed twice the number
9to be elected, their names shall appear on the official ballot for the election without
10a primary.
AB700, s. 148
11Section
148. 8.10 (6) (a) of the statutes is amended to read:
AB700,75,1412
8.10
(6) (a) For state offices
; municipal judges, if they are elected under s.
13755.01 (4); or seats on a metropolitan sewerage commission, if the commissioners are
14elected under s. 66.23 (11) (am), in the office of the board.
AB700, s. 149
15Section
149. 8.10 (6) (bm) of the statutes is created to read:
AB700,75,1816
8.10
(6) (bm) For municipal judge, if the judge is elected under s. 755.01 (4), in
17the office of the county clerk or board of election commissioners of the county having
18the largest portion of the population in the jurisdiction served by the judge.
AB700, s. 150
19Section
150. 8.12 (2) of the statutes is amended to read:
AB700,75,2420
8.12
(2) Ballots. The form of the official ballots shall be prescribed by the
21board
under s. 5.60 (8). The ballot shall provide to an elector the opportunity to vote
22for an uninstructed delegation to represent this state at the presidential nominating
23convention of his or her party, or to write in the name of a candidate for the
24presidential nomination of his or her party.
AB700, s. 151
25Section
151. 8.17 (1) (a) of the statutes is amended to read:
AB700,76,17
18.17
(1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b)
2or (2) shall elect their party committeemen and committeewomen
at the September
3primary as provided under sub. (5) (b). The function of committeemen and
4committeewomen is to represent their neighborhoods in the structure of a political
5party. Committeemen and committeewomen shall act as liaison representatives
6between their parties and the residents of the election districts in which they serve.
7Activities of committeemen and committeewomen shall include, but not be limited
8to, voter identification; assistance in voter registration drives; increasing voter
9participation in political parties; polling and other methods of passing information
10from residents to political parties and elected public officials; and dissemination of
11information from public officials to residents. For assistance in those and other
12activities of interest to a political party, each committeeman and committeewoman
13may appoint a captain to engage in these activities in each ward, if the election
14district served by the committeeman or committeewoman includes more than one
15ward. In an election district which includes more than one ward, the committeeman
16or committeewoman shall coordinate the activities of the ward captains in promoting
17the interests of his or her party.
AB700, s. 152
18Section
152. 8.17 (2), (3) and (4) (a) and (b) of the statutes are repealed.
AB700, s. 153
19Section
153. 8.17 (4) (c) of the statutes is renumbered 8.17 (4) and amended
20to read:
AB700,76,2321
8.17
(4) The term of office of each
elected or appointed committeeman or
22committeewoman shall end on the date of the meeting held under sub. (5) (b)
23following each September primary.
AB700, s. 154
24Section
154. 8.17 (5) (b) of the statutes is amended to read:
AB700,77,16
18.17
(5) (b) A combined meeting of the county committee and members in good
2standing of the party in the county shall be held no sooner than 15 days after the
3September primary and no later than April 1 of the following year. At this meeting,
4the party committeemen or committeewomen and the county committee offices of
5chairperson, vice chairperson, secretary and treasurer shall be filled by election by
6the
incumbent committeemen, committeewomen and
other party members present
7and voting, each of whom is entitled to one vote. At this meeting, the county
8committee shall elect the members of the congressional district committee as
9provided in sub. (6) (b), (c) and (d). The secretary of the county committee shall give
10at least 7 days' written notice of the meeting to party and committee members.
11Individuals elected as county committee officers or as congressional district
12committee members may be, but are not required to be, committeemen or
13committeewomen. They are required to be party members in good standing.
Their 14The terms
of committeemen and committeewomen, county committee officers and
15congressional district committee members begin during the meeting immediately
16upon completion and verification of the voting for each office.
AB700, s. 155
17Section
155. 8.17 (5) (bm) of the statutes is created to read:
AB700,77,2218
8.17
(5) (bm) A county committee may require that candidates for party
19committeemen and committeewomen file nomination papers with the county
20committee prior to the combined meeting under par. (b). The form, content and
21circulation and filing deadlines of the nomination papers shall be established by the
22county committee.
AB700, s. 156
23Section
156. 8.20 (9) of the statutes is amended to read:
AB700,78,824
8.20
(9) Persons nominated by nomination papers without a recognized
25political party designation shall be placed on the official ballot at the general election
1and at any partisan election to the right or below the recognized political party
2candidates in their own column or row designated "Independent". At the September
3primary, persons nominated for state office by nomination papers without a
4recognized political party designation shall be placed on a separate ballot or
, if a
5consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting
6machines are used, in a column or row
on the voting machine designated
7"Independent". If the candidate's name already appears under a recognized political
8party it may not be listed on the independent ballot, column or row.
AB700, s. 157
9Section
157. 8.21 of the statutes is amended to read:
AB700,79,12
108.21 Declaration of candidacy. Each candidate, except a candidate for
11presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later
12than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15
13(1),
8.17 (2), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16 (2) or 8.35
14(2) (c). A candidate shall file the declaration with the officer or agency with which
15nomination papers are filed for the office which the candidate seeks, or if nomination
16papers are not required, with the clerk or board of election commissioners of the
17jurisdiction in which the candidate seeks office. The declaration shall be sworn to
18before any officer authorized to administer oaths. The declaration shall contain the
19name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for
20nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office,
21and shall state that the signer is a candidate for a named office, that he or she meets
22or will at the time he or she assumes office meet applicable age, citizenship, residency
23or voting qualification requirements, if any, prescribed by the constitutions and laws
24of the United States and of this state, and that he or she will otherwise qualify for
25office if nominated and elected. The declaration shall include the candidate's name
1in the form in which it will appear on the ballot. Each candidate for state and local
2office shall include in the declaration a statement that he or she has not been
3convicted of any infamous crime for which he or she has not been pardoned and a list
4of all felony convictions for which he or she has not been pardoned. In addition, each
5candidate for state or local office shall include in the declaration a statement that
6discloses his or her municipality of residence for voting purposes, and the street and
7number, if any, on which the candidate resides. The declaration is valid with or
8without the seal of the officer who administers the oath. A candidate for state or local
9office shall file an amended declaration under oath with the same officer or agency
10if any information contained in the declaration changes at any time after the original
11declaration is filed and before the candidate assumes office or is defeated for election
12or nomination.
AB700, s. 158
13Section
158. 8.35 (2) (a) of the statutes is amended to read:
AB700,80,214
8.35
(2) (a) If a vacancy occurs after nomination due to the death of a candidate
15of a recognized political party for a partisan office,
other than party committeeman
16or committeewoman, the vacancy may be filled by the chairperson of the committee
17of the proper political party under s. 7.38
(3), or the personal campaign committee,
18if any, in the case of independent candidates. Similar vacancies in nominations of
19candidates for nonpartisan local offices may be filled by the candidate's personal
20campaign committee or, if the candidate had none, by the body which governs the
21local governmental unit in which the deceased person was a candidate for office. The
22chairperson, chief officer of the committee, or clerk of the body making an
23appointment shall file a certificate of appointment with the official or agency with
24whom declarations of candidacy for the office are filed. For purposes of this
25paragraph, the official or agency need not recognize members of a personal campaign
1committee whose names were not filed under s. 11.05 prior to the death of the
2candidate.
AB700, s. 159
3Section
159. 8.35 (2) (d) of the statutes is amended to read:
AB700,80,74
8.35
(2) (d) If the ballots have been prepared, the committees or body filling the
5vacancy shall supply stickers as provided under s. 7.38 (3)
(c). No vacancy in a
6nomination occurs prior to the time of the primary election for an office, unless no
7primary is required for the office for which the nomination is made.
AB700, s. 160
8Section
160. 8.37 of the statutes is created to read:
AB700,80,15
98.37 Filing of referenda petitions or questions. Unless otherwise required
10by law, all proposed constitutional amendments and any other measure or question
11that is to be submitted to a vote of the people, or any petitions requesting that a
12measure or question be submitted to a vote of the people, if applicable, shall be filed
13with the official or agency responsible for preparing the ballots for the election no
14later than 42 days prior to the election at which the amendment, measure or question
15will appear on the ballot.
AB700, s. 161
16Section
161. 8.50 (1) (a) of the statutes is amended to read:
AB700,81,1117
8.50
(1) (a) When there is to be a special election, the special election for county
18clerk shall be ordered by the sheriff; the special election for any other county office
19shall be ordered by the county clerk except as provided in s. 17.21 (5); the special
20election for school board member in a school district organized under ch. 119 shall
21be ordered by the school board; the special election for municipal judge shall be
22ordered by the mayor, president or chairperson of the municipality, except in 1st class
23cities
, or if the judge is elected under s. 755.01 (4) jointly by the mayors, presidents
24or chairpersons of all municipalities served by the judge; and all other special
25elections shall be ordered by the governor. When the governor or attorney general
1issues the order, it shall be filed and recorded in the office of the board. When the
2county clerk or sheriff issues the order, it shall be filed and recorded in the office of
3the county clerk. When the county executive issues the order, it shall be filed in the
4office of the county board of election commissioners. When the school board of a
5school district organized under ch. 119 issues the order, it shall be filed and recorded
6in the office of the city board of election commissioners. When the mayor, president
7or chairperson issues the order, it shall be filed in the office of the municipal clerk or
8city board of election commissioners.
If a municipal judge is elected under s. 755.01
9(4), the order shall be filed in the office of the county clerk or board of election
10commissioners of the county having the largest portion of the population of the
11jurisdiction served by the judge.
AB700, s. 162
12Section
162. 8.50 (1) (b) of the statutes is amended to read:
AB700,81,2113
8.50
(1) (b) Notice of any special election shall be given upon the filing of the
14order under par. (a) by publication in a newspaper under ch. 985. If the special
15election concerns a national or state office, the board shall give notice as soon as
16possible to the county clerks. Upon receipt of notice from the board, or when the
17special election is for a county office
or a municipal judgeship under s. 755.01 (4), the
18county clerk shall give notice as soon as possible to
all the municipal clerks
of all
19municipalities in which electors are eligible to vote in the election and publish one
20type A notice for all offices to be voted upon within the county as provided in s. 10.06
21(2) (n) and (3) (f).
AB700, s. 163
22Section
163. 8.50 (4) (fm) of the statutes is amended to read:
AB700,82,623
8.50
(4) (fm) A permanent vacancy in the office of municipal judge may be filled
24by temporary appointment of the municipal governing body
, or, if the judge is elected
25under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
1judge. The office shall then be permanently filled by special election, held
2concurrently with the next spring election following the occurrence of the vacancy,
3except that a vacancy occurring during the period after December 1 and on or before
4the date of the spring election shall be filled at the 2nd succeeding spring election,
5and no such election may be held after the expiration of the term of office nor at the
6time of holding the regular election for the office.
AB700, s. 164
7Section
164. 9.01 (1) (a) of the statutes is amended to read:
AB700,83,118
9.01
(1) (a) Any candidate voted for at any election or any elector who voted
9upon any referendum question at any election may request a recount. The petitioner
10shall file a verified petition or petitions accompanied by the fee prescribed in par.
11(ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of
12completion of the canvass and not later than 5 p.m. on the 3rd business day following
13the last meeting day of the municipal or county board of canvassers determining the
14election for that office or on that referendum question or, if more than one board of
15canvassers makes the determination not later than 5 p.m. on the 3rd business day
16following the last meeting day of the last board of canvassers which makes a
17determination. If the chairperson of the board
or chairperson's designee makes the
18determination for the office or the referendum question, the petitioner shall file the
19petition not earlier than the last meeting day of the last county board of canvassers
20to make a statement in the election or referendum and not later than 5 p.m. on the
213rd business day following the day on which the elections board receives the last
22statement from a county board of canvassers for the election or referendum. Each
23verified petition shall state that at the election the petitioner was a candidate for the
24office in question or that he or she voted on the referendum question in issue; that
25the petitioner is informed and believes that a mistake or fraud has been committed
1in a specified ward or municipality in the counting and return of the votes cast for
2the office or upon the question; or shall specify any other defect, irregularity or
3illegality in the conduct of the election. The petition shall specify each ward, or each
4municipality where no wards exist, in which a recount is desired. If a recount is
5requested for all wards within a jurisdiction, each ward need not be specified. The
6petition may be amended to include information discovered as a result of the
7investigation of the board of canvassers or
the chairperson of the board
or
8chairperson's designee after the filing of the petition, if the petitioner moves to
9amend the petition as soon as possible after the petitioner discovered or reasonably
10should have discovered the information which is the subject of the amendment and
11the petitioner was unable to include information in the original petition.
AB700, s. 165
12Section
165. 9.01 (1) (ar) 3. of the statutes is amended to read:
AB700,84,213
9.01
(1) (ar) 3. Upon receipt of a valid petition, the clerk shall thereupon notify
14the proper board of canvassers. Upon receipt of a valid petition by the board, the
15board shall promptly by certified mail or other expeditious means order the proper
16county boards of canvassers to commence the recount. County boards of canvassers
17shall convene no later than 9 a.m. on the day following receipt of an order and may
18adjourn for not more than one day at a time until the recount is completed in the
19county, except that the board may permit extension of the time for adjournment.
20Returns from a recount ordered by the board shall be transmitted to the office of the
21board as soon as possible, but in no case later than 13 days from the date of the order
22of the board directing the recount. The chairperson of the board
or the chairperson's
23designee may not make a determination in any election if a recount is pending before
24any county board of canvassers in that election. The chairperson of the board
or the
1chairperson's designee need not recount actual ballots, but shall verify the returns
2of the county boards of canvassers in making his or her determinations.
AB700, s. 166
3Section
166. 9.01 (1) (b) 2. of the statutes is amended to read:
AB700,84,124
9.01
(1) (b) 2. The board of canvassers shall then examine the absentee ballot
5envelopes. Any defective absentee ballot envelopes shall be laid aside, properly
6marked and carefully preserved. The number of voters shall be reduced by the
7number of ballot envelopes set aside under this subdivision. An absentee ballot
8envelope is defective only if it is
neither sworn nor
not witnessed
, or if it is not signed
9by the voter or if the
affidavit supporting the absentee ballot envelope has such a
10number of technical errors that the board of canvassers is doubtful of the legal effect
11of the affidavit certificate accompanying an absentee ballot that was voted by
12facsimile transmission or electronic mail is missing.