LRB-1520/1
JTK:kg:ch/cmh/kjf
2001 - 2002 LEGISLATURE
January 16, 2001 - Introduced by Representatives Skindrud, Jensen, Walker,
Ward, Ainsworth, Bies, Freese, Gunderson, Hahn, Hoven, Huebsch,
Jeskewitz, Krawczyk, Ladwig, F. Lasee, Leibham, McCormick, D. Meyer, Nass,
Rhoades, Stone, Urban, Vrakas, Albers
and Friske, cosponsored by Senator
Welch. Referred to Committee on Tax and Spending Limitations.
AB2,1,9 1An Act to amend 7.15 (2) (d), 8.05 (3) (d) and (e), 8.06, 9.20 (4), 24.66 (3) (b), 24.66
2(4), 32.72 (1), 38.15 (1), 59.08 (7) (b), 59.605 (3) (a) 1., 60.62 (2), 60.74 (5) (b),
361.187 (1), 61.46 (1), 62.09 (1) (a), 64.03 (1), 64.39 (3), 66.0101 (8), 66.0217 (7)
4(a) 3., 66.0219 (4) (b), 66.0227 (3), 66.0619 (2m) (b), 66.0815 (1) (c), 66.0921 (2),
566.1103 (10) (d), 67.05 (4) and (5), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5)
6(b), 67.12 (12) (e) 5., 81.01 (3) (b) (intro.), 86.21 (2) (a), 117.20, 119.48 (4) (b) and
7(c), 119.49 (1) (b) and (2), 121.91 (3) (a), 197.04 (1) (b) and (2), 197.10 (2) and
8198.19 (1); and to create 8.065 and 15.615 of the statutes; relating to:
9scheduling of referenda by local governments.
Analysis by the Legislative Reference Bureau
Under current law, referenda are authorized or required to be held by local
governments under various laws for various purposes. In some cases, these
referenda are authorized or required to be held at special elections when no offices
appear on the ballot. In most cases, there is no limitation upon the frequency that
questions relating to the same subject matter may be submitted.
This bill provides that, unless a more restrictive limitation applies currently,
a referendum by a local government may only be held concurrently with the spring

primary (held in most election districts in each year), the spring election (held in each
year), or on the first Tuesday after the first Monday in November of an
odd-numbered year (no election is currently held on that date), or concurrently with
the September primary (held in each even-numbered year) or general election (held
in each even-numbered year). The bill also provides that, unless a more restrictive
limitation applies currently, no referendum submitted by the same local government
relating to substantially similar subject matter or relating to authorization for the
borrowing of money may be held more than once in any 12-month period. However,
the bill creates a state referendum appeal board consisting of the governor, the
senate majority leader, the senate minority leader, the speaker of the assembly, and
the assembly minority leader or their designees, which is empowered to permit a
local government to hold a referendum on a date that is not otherwise permitted if
the board finds that an emergency exists which requires the referendum to be held
on a date that is not otherwise permitted.
The bill applies to all referenda, including referenda concerning direct
legislation (initiative) in cities and villages.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB2, s. 1 1Section 1. 7.15 (2) (d) of the statutes is amended to read:
AB2,2,112 7.15 (2) (d) Whenever the governing body of any municipality submits any
3question to a vote of the electors or whenever a proper recall petition and certificate
4are filed under s. 9.10, the municipal clerk shall issue a call for the election and
5prepare and distribute ballots as required in the authorization of submission or as
6provided in s. 9.10. The date of the referendum shall be established in accordance
7with s. 8.065, and shall be
fixed by the municipal clerk or board of election
8commissioners unless otherwise provided by law or unless the governing body fixes
9a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already
10an official municipal referendum ballot for the election, the question may appear on
11the same ballot.
AB2, s. 2 12Section 2. 8.05 (3) (d) and (e) of the statutes are amended to read:
AB2,3,6
18.05 (3) (d) The question of adoption of the nonpartisan primary under this
2subsection may be submitted to the electors at any regular election authorized under
3s. 8.065 to be
held in the town or at a special election called for the purpose. When
4a petition requesting adoption of the nonpartisan primary conforming to the
5requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town
6clerk as provided in s. 8.37, the question shall be submitted to a vote.
AB2,3,117 (e) Petitions requesting a vote on the question at a regular town election shall
8be filed in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February.
9When the petition is filed, the clerk shall check its sufficiency. Whether at a regular
10or special election, the
The clerk shall give separate notice by one publication in a
11newspaper at least 5 days before the election.
AB2, s. 3 12Section 3. 8.06 of the statutes is amended to read:
AB2,3,16 138.06 Special elections may be called. Towns, cities, villages and school
14districts may call special elections for any purpose whenever such action is
15authorized or required by law. If an election is called for a special referendum, the
16election shall be called and noticed under as provided in s. 8.55.
AB2, s. 4 17Section 4. 8.065 of the statutes is created to read:
AB2,3,19 188.065 Scheduling of referenda. (1) In this section, "local governmental
19unit" has the meaning given in s. 16.97 (7).
AB2,4,3 20(2) Unless otherwise required by law or unless authorized under sub. (3), a
21referendum held by any local governmental unit that is authorized or required by
22law to hold a referendum may only be held concurrently with the spring primary,
23spring election, September primary, or general election, or on the first Tuesday after
24the first Monday of November of an odd-numbered year. Unless otherwise required
25by law or unless authorized under sub. (3), no referendum submitted by the same

1local governmental unit relating to substantially similar subject matter or relating
2to authorization for the borrowing of money may be held more than once in any
312-month period.
AB2,4,17 4(3) If a local governmental unit wishes to hold a special referendum on a date
5that is not concurrent with an election specified in s. 5.02 (5), (18), (21), or (22) or on
6a date other than the first Tuesday after the first Monday in November of an
7odd-numbered year, the local governmental unit may petition the referendum
8appeal board for a determination that an emergency exists with respect to a
9particular question. The referendum appeal board shall make a determination
10within 10 days after receipt of a petition under this subsection. If the referendum
11appeal board finds, with the concurrence of at least 4 members, that an emergency
12exists which requires a special referendum to be held by a local governmental unit
13on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21), or
14(22) or on a date other than the first Tuesday after the first Monday in November of
15an odd-numbered year, the board may permit a referendum relating to the question
16specified in the petition to be held on a date determined by the local governmental
17unit.
AB2, s. 5 18Section 5. 9.20 (4) of the statutes is amended to read:
AB2,5,519 9.20 (4) The common council or village board shall, without alteration, either
20pass the ordinance or resolution within 30 days following the date of the clerk's final
21certificate, or submit it to the electors at the next spring or general election
22authorized under s. 8.065, if the election is more than 6 weeks after the date of the
23council's or board's action on the petition or the expiration of the 30-day period,
24whichever first occurs. If there are 6 weeks or less before the election, the ordinance
25or resolution shall be voted on at the next election authorized under s. 8.065 (2) or

1an election authorized under s. 8.065 (3)
thereafter. The council or board by a
2three-fourths vote of the members-elect may order a special election for the purpose
3of voting on the ordinance or resolution at any time prior to the next election, but not
4more than one special election for direct legislation may be ordered in any 6-month
5period.
AB2, s. 6 6Section 6. 15.615 of the statutes is created to read:
AB2,5,7 715.615 Same; attached boards.
AB2,5,12 8(2) Referendum appeal board. There is created a referendum appeal board
9which is attached to the elections board under s. 15.03. The referendum appeal board
10shall consist of the governor, the senate majority leader, the senate minority leader,
11the speaker of the assembly, and the assembly minority leader or the designees of
12these persons. Members of the board shall serve for indefinite terms.
AB2, s. 7 13Section 7. 24.66 (3) (b) of the statutes is amended to read:
AB2,5,2014 24.66 (3) (b) For long-term loans by unified school districts. Every application
15for a loan, the required repayment of which exceeds 10 years, shall be approved and
16authorized for a unified school district by a majority vote of the members of the school
17board at a regular or special meeting of the school board. Every vote so required shall
18be by ayes and noes duly recorded. In addition, the application shall be approved for
19a unified school district by a majority vote of the electors of the school district at a
20special election referendum as provided under sub. (4).
AB2, s. 8 21Section 8. 24.66 (4) of the statutes is amended to read:
AB2,6,422 24.66 (4) Popular vote, when required. If any municipality is not empowered
23by law to incur indebtedness for a particular purpose without first submitting the
24question to its electors, the application for a state trust fund loan for that purpose
25must be approved and authorized by a majority vote of the electors at a special

1election
referendum called, in accordance with s. 8.065, and noticed and held in the
2manner provided for other special elections referenda. The question to be voted on
3shall be filed as provided in s. 8.37. The notice of the election referendum shall state
4the amount of the proposed loan and the purpose for which it will be used.
AB2, s. 9 5Section 9. 32.72 (1) of the statutes is amended to read:
AB2,6,126 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following
7question is submitted to the electors of the city at a special election referendum called
8in accordance with s. 8.065
and adopted by a majority vote of the electors voting:
9"Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of
10................, thus allowing the city to acquire and condemn property for street
11widening and similar purposes, financed through assessments of benefits and
12damages?". The question shall be filed as provided in s. 8.37.
AB2, s. 10 13Section 10. 38.15 (1) of the statutes is amended to read:
AB2,7,214 38.15 (1) Subject to sub. (3), if the district board intends to make a capital
15expenditure in excess of $500,000, excluding moneys received from gifts, grants or
16federal funds, for the acquisition of sites, purchase or construction of buildings, the
17lease/purchase of buildings if costs exceed $500,000 for the lifetime of the lease,
18building additions or enlargements or the purchase of fixed equipment relating to
19any such activity, it shall adopt a resolution stating its intention to do so and
20identifying the anticipated source of revenue for each project and shall submit the
21resolution to the electors of the district for approval. The referendum may be held
22at any election authorized under s. 8.065 and
shall be noticed, called and conducted
23as provided in s. 67.05 (3) insofar as applicable. For the purposes of this section, all
24projects located on a single campus site within one district which are bid

1concurrently or which are approved by the board under s. 38.04 (10) within a 2-year
2period shall be considered as one capital expenditure project.
AB2, s. 11 3Section 11. 59.08 (7) (b) of the statutes is amended to read:
AB2,7,144 59.08 (7) (b) The question of the consolidation of the counties shall be submitted
5to the voters at the next election authorized under s. 8.065 (2) or an election
6authorized under s. 8.065 (3)
to be held on the first Tuesday in April, or the next
7regular election, or at a special election to be held on the day fixed in
a date specified
8in the order which shall be no sooner than 45 days after the date of
the order issued
9under par. (a), which day date shall be the same in each of the counties proposing to
10consolidate. A copy of the order shall be filed with the county clerk of each of the
11counties as provided in s. 8.37. If the question of consolidation is submitted at a
12special election, it shall be held not less than 42 days nor more than 60 days from the
13completion of the consolidation agreement, but not within 60 days of any spring or
14general election.
AB2, s. 12 15Section 12. 59.605 (3) (a) 1. of the statutes is amended to read:
AB2,8,316 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating
17levy rate limit otherwise applicable to the county under this section, it shall adopt
18a resolution to that effect. The resolution shall specify either the operating levy rate
19or the operating levy that the governing body wishes to impose for either a specified
20number of years or an indefinite period. The governing body shall call a special
21referendum for the purpose of submitting the resolution to the electors of the county
22for approval or rejection. In lieu of a special referendum, the governing body may
23specify that
provide for the referendum to be held at the next succeeding spring
24primary or election or September primary or general
election to be held authorized
25under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs
not earlier

1than 42 days after the adoption of the resolution of the governing body. The
2governing body shall file the resolution to be submitted to the electors as provided
3in s. 8.37.
AB2, s. 13 4Section 13. 60.62 (2) of the statutes is amended to read:
AB2,8,95 60.62 (2) If the county in which the town is located has enacted a zoning
6ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
7approval by the town meeting or by a referendum vote of the electors of the town to
8be
held at the time of any regular or special election in accordance with s. 8.065. The
9question for the referendum vote shall be filed as provided in s. 8.37.
AB2, s. 14 10Section 14. 60.74 (5) (b) of the statutes is amended to read:
AB2,8,2211 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by
12qualified electors of the district equal to at least 20% of the vote cast for governor in
13the district at the last gubernatorial election, requesting a change to appointment
14of commissioners, may be submitted to the town board, subject to sub. (5m) (a). The
15petition shall be filed as provided in s. 8.37. Upon receipt of the petition, the town
16board shall submit the question to a referendum at the next regular spring election
17or general election, or shall call a special election for that purpose authorized under
18s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45
19days after receipt of the petition by the town board
. The inspectors shall count the
20votes and submit a statement of the results to the commission. The commission shall
21canvass the results of the election and certify the results to the town board which has
22authority to appoint commissioners.
AB2, s. 15 23Section 15. 61.187 (1) of the statutes is amended to read:
AB2,9,824 61.187 (1) Procedure. Whenever a petition conforming to the requirements
25of s. 8.40, signed by at least one-third as many electors of any village as voted for

1village officers at the next preceding election therefor, shall be presented to the
2village board, and filed as provided in s. 8.37, praying for dissolution of the village
3corporation, such board shall submit to the electors of such village, for determination
4by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general
5election or at a special election called by them for that purpose
the next election
6authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held
7not sooner than 45 days after presentation of the petition
, the question whether or
8not such village corporation shall be dissolved.
AB2, s. 16 9Section 16. 61.46 (1) of the statutes is amended to read:
AB2,9,2210 61.46 (1) General; limitation. The village board shall, on or before December
1115 in each year, by resolution to be entered of record, determine the amount of
12corporation taxes to be levied and assessed on the taxable property in such village
13for the current year. Before levying any tax for any specified purpose, exceeding one
14percent of the assessed valuation aforesaid, the village board shall, and in all other
15cases may in its discretion, submit the question of levying the same to the village
16electors at any general or special the next election authorized under s. 8.065 (2) or
17an election authorized under s. 8.065 (3) to be held no sooner than 45 days after
18adoption of the resolution
by giving 10 days' notice thereof prior to such election by
19publication in a newspaper published in the village, if any, and if there is none, then
20by posting notices in 3 public places in said village, setting forth in such notices the
21object and purposes for which such taxes are to be raised and the amount of the
22proposed tax. The village board shall file the question as provided in s. 8.37.
AB2, s. 17 23Section 17. 62.09 (1) (a) of the statutes is amended to read:
AB2,9,2524 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
25attorney, engineer, one or more assessors unless the city is assessed by a county

1assessor under s. 70.99, one or more constables as determined by the common
2council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
3defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
4except in cities where not applicable, chief of police, chief of the fire department,
5board of public works, 2 alderpersons from each aldermanic district, and such other
6officers or boards as are created by law or by the council. If one alderperson from each
7aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
8adopted by a two-thirds vote of all its members and approved by the electors at a
9general or special
any election authorized under s. 8.065, provide that there shall be
102 alderpersons from each aldermanic district.
AB2, s. 18 11Section 18. 64.03 (1) of the statutes is amended to read:
AB2,10,1712 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15,
13and every petition for a special election referendum on the same, shall state the
14number of members of which the council herein provided for shall be composed, the
15term of office of its members, which term shall not exceed 2 years, whether they shall
16be nominated and elected from aldermanic districts or from the city at large, and the
17compensation, if any, which they shall receive.
AB2, s. 19 18Section 19. 64.39 (3) of the statutes is amended to read:
AB2,10,2419 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit
20the questions prescribed in sub. (1) at a special the next election authorized under
21s. 8.065 (2) or an election authorized under s. 8.065 (3)
to be held at a time specified
22therein and within 2 months
not sooner than 45 days after such petition is filed. The
23election upon such question shall be conducted, the vote canvassed, and the result
24declared in the same manner as provided by law for other city elections.
AB2, s. 20 25Section 20. 66.0101 (8) of the statutes is amended to read:
AB2,11,9
166.0101 (8) A charter ordinance enacted or approved by a vote of the electors
2controls over any prior or subsequent act of the legislative body of the city or village.
3If the electors of any city or village by a majority vote have adopted or determined
4to continue to operate under either ch. 62 or 64, or have determined the method of
5selection of members of the governing board, the question shall not again be
6submitted to the electors, nor action taken on the question, within a period of 2 years.
7Any election to change or amend the charter of any city or village, other than a
8special
an election as provided in called under s. 9.20 (4), shall be held at the time
9provided by statute for holding the spring election.
AB2, s. 21 10Section 21. 66.0217 (7) (a) 3. of the statutes is amended to read:
AB2,12,511 66.0217 (7) (a) 3. If the notice indicates that the petition is for a referendum
12on the question of annexation, the clerk of the city or village shall file the notice as
13provided in s. 8.37. If the notice indicates that the petition is for a referendum on the
14question of annexation, the town clerk shall give notice as provided in par. (c) of a
15referendum of the electors residing in the area proposed for annexation to be held at
16the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065
17(3), but
not less than 42 days nor more than 72 days after the date of personal service
18or mailing of the notice required under this paragraph. If the notice indicates that
19the petition is for direct annexation, no referendum shall be held unless within 30
20days after the date of personal service or mailing of the notice required under this
21paragraph, a petition conforming to the requirements of s. 8.40 requesting a
22referendum is filed with the town clerk as provided in s. 8.37, signed by at least 20%
23of the electors residing in the area proposed to be annexed. If a petition requesting
24a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum
25of the electors residing in the area proposed for annexation to be held at the next

1election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but

2not less than 42 days nor more than 72 days after the receipt of the petition and shall
3mail a copy of the notice to the clerk of the city or village to which the annexation is
4proposed. The referendum shall be held at a convenient place within the town to be
5specified in the notice.
AB2, s. 22 6Section 22. 66.0219 (4) (b) of the statutes is amended to read:
AB2,12,147 66.0219 (4) (b) The referendum election shall be held at the next election
8permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but
not less
9than 42 days nor more than 72 days after the filing of the order as provided in s. 8.37,
10in the territory proposed for annexation, by the electors of that territory as provided
11in s. 66.0217 (7), so far as applicable. The ballots shall contain the words "For
12Annexation" and "Against Annexation". The certification of the election inspectors
13shall be filed with the clerk of the court, and the clerk of any municipality involved,
14but need not be filed or recorded with the register of deeds.
AB2, s. 23 15Section 23. 66.0227 (3) of the statutes is amended to read:
AB2,13,916 66.0227 (3) The governing body of a city, village or town involved may, or if a
17petition conforming to the requirements of s. 8.40 signed by a number of qualified
18electors equal to at least 5% of the votes cast for governor in the city, village or town
19at the last gubernatorial election, demanding a referendum, is presented to it within
2030 days after the passage of either of the ordinances under sub. (2) shall, submit the
21question to the electors of the city, village or town whose electors petitioned for
22detachment, at a referendum election called for that purpose held at the next election
23permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3) but
not less
24than 42 days nor more than 72 days after the filing of the petition, or after the
25enactment of either ordinance. The petition shall be filed as provided in s. 8.37. If

1a number of electors cannot be determined on the basis of reported election statistics,
2the number shall be determined in accordance with s. 60.74 (6). The governing body
3of the municipality shall appoint 3 election inspectors who are resident electors to
4supervise the referendum. The ballots shall contain the words "For Detachment"
5and "Against Detachment". The inspectors shall certify the results of the election by
6their attached affidavits and file a copy with the clerk of each town, village or city
7involved, and none of the ordinances may take effect nor be in force unless a majority
8of the electors approve the question. The referendum election shall be conducted in
9accordance with chs. 6 and 7 to the extent applicable.
AB2, s. 24 10Section 24. 66.0619 (2m) (b) of the statutes is amended to read:
AB2,13,1711 66.0619 (2m) (b) If a referendum is to be held on a resolution, the municipal
12governing body shall file the resolution as provided in s. 8.37 and shall direct the
13municipal clerk to call a special election for the purpose of submitting submit the
14resolution to the electors for approval of the electors at a referendum on approval or
15rejection. In lieu of a special election, the municipal governing body may specify that
16the election be held at the next succeeding spring primary or election or September
17primary or general election
called in accordance with s. 8.065.
AB2, s. 25 18Section 25. 66.0815 (1) (c) of the statutes is amended to read:
AB2,14,619 66.0815 (1) (c) An ordinance under sub. (1) may not take effect until 60 days
20after passage and publication unless sooner approved by a referendum. Within the
2160-day period electors equal in number to 20% of those voting at the last regular
22municipal election may file a petition requesting for a referendum. The petition shall
23be in writing and filed with the clerk and as provided in s. 8.37. The petition shall
24conform to the requirements of s. 8.40, except that each signer shall also state his or
25her
. Each signer shall state his or her residence and signatures shall be verified by

1the affidavit of an elector. The referendum shall be held at the next regular
2municipal
election, or at a special election within 90 days of the authorized under s.
38.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45
4days after
filing of the petition. The ordinance may not take effect unless approved
5by a majority of the votes cast. This paragraph does not apply to extensions by a
6utility previously franchised by the village, city or town.
AB2, s. 26 7Section 26. 66.0921 (2) of the statutes is amended to read:
AB2,14,148 66.0921 (2) Facilities authorized. A municipality may enter into a joint
9contract with a nonprofit corporation organized for civic purposes and located in the
10municipality to construct or otherwise acquire, equip, furnish, operate and maintain
11a facility to be used for municipal and civic activities if a majority of the voters voting
12in a referendum at a special election or at a spring primary or election or September
13primary or general
an election authorized under s. 8.065 approve the question of
14entering into the joint contract.
AB2, s. 27 15Section 27. 66.1103 (10) (d) of the statutes is amended to read:
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