SB258: Bill Text

For further information see the state and 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:

SB258, s. 1 Section 1. 5.01 (4) (a) of the statutes is amended to read:

SB258,7,8 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner metropolitan sewerage district is elected organized under s. 200.09 (11) (am) subch. I of ch. 200, in the presence of the chairperson of the board or the chairperson's designee.

SB258, s. 2 Section 2. 5.02 (3), (5) and (23) of the statutes are amended to read:

SB258,7,11 5.02 (3) "Educational officer" means the state superintendent, a member of a technical college district board, and a school board members member.

SB258,8,2 (5) "General election" means the election held in even-numbered years on the Tuesday after the first Monday in November to elect United States senators, representatives in congress, presidential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superintendent, members of the technical college district boards, and judicial officers, and county officers other than supervisors and county executives.

SB258,8,7 (23) "State office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, court of appeals judge, circuit court judge, state senator, state representative to the assembly and, district attorney, and member of a technical college district board.

SB258, s. 3 Section 3. 5.15 (1) (c) of the statutes is amended to read:

SB258,8,18 5.15 (1) (c) The wards established by municipal governing bodies under this section on the basis of the published results of each federal decennial census of population shall govern the adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of the results of the next decennial census of population unless adjusted under sub. (2) (f) 4. or 6., (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the enactment of legislative districts under article IV, section 3, of the constitution on the basis of the most recent decennial census of population.

SB258, s. 4 Section 4. 5.15 (2) (f) 6. of the statutes is created to read:

SB258,8,23 5.15 (2) (f) 6. That part of a metropolitan sewerage district created under s. 200.23 required to create a subdistrict under s. 200.25 (7) (a) that has a population which is, as nearly as practicable, equal to other subdistricts in the metropolitan sewerage district.

SB258, s. 5 Section 5. 5.58 (1r) of the statutes is amended to read:

SB258,9,10 5.58 (1r) Town sanitary district commission. There shall be a separate ballot for members of the town sanitary district commission if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with one or more towns, except as authorized in s. 5.655. Candidates for different seats shall be listed in separate columns or rows if more than one seat is contested in any election. Arrangement of the names on the ballot shall be determined by the town clerk of the town whose board of supervisors directs the election in which the district is located or, if located in more than one town, of the town containing the largest portion of the equalized full value of taxable property within the district, in the same manner as provided in s. 5.60 (1) (b).

SB258, s. 6 Section 6. 5.58 (1t) of the statutes is created to read:

SB258,9,19 5.58 (1t) Exposition district board of directors. There shall be a separate ballot for members of the exposition district board of directors whenever the exposition district is not coterminous with the boundaries of a single municipality, except as authorized under s. 5.655. Candidates for different seats shall be listed in separate columns or rows. Arrangement of the names on the ballot shall be determined by the county clerk or executive director of the board of election commissioners of the county in which the greatest portion of the population of the district is located, in the same manner as provided under s. 5.60 (1) (b).

SB258, s. 7 Section 7. 5.58 (2m) of the statutes is amended to read:

SB258,9,25 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 200.09 (11) (am), with. In districts created under s. 200.23, the ballot shall list the names of the candidates for metropolitan sewerage commissioner from the subdistrict for the ward or election district in which the ballot is used. In other districts, the names of the candidates for different seats shall be listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board, except that in metropolitan sewerage districts created under s. 200.23, arrangement of the names on the ballot shall be determined by the secretary of the metropolitan sewerage district.

SB258, s. 8 Section 8. 5.58 (2s) of the statutes is created to read:

SB258,10,12 5.58 (2s) Technical college district board. When required, there shall be a separate ballot for member of a technical college district board. Arrangement of the names on the ballot shall be determined by the elections board under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for .... (name of district) Technical College District Board."

SB258, s. 9 Section 9. 5.58 (3) of the statutes is amended to read:

SB258,11,7 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, for member of a technical college district board from any election district, or for any seat on an exposition district board of directors, a professional baseball park district board, a professional football stadium district board, or a cultural arts district board, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

SB258, s. 10 Section 10. 5.60 (1) (title) of the statutes is amended to read:

SB258,11,10 5.60 (1) (title) State superintendent Nonpartisan state officers; judiciary; county executive and; county supervisors supervisor; local district officers.

SB258, s. 11 Section 11. 5.60 (1) (aL) of the statutes is created to read:

SB258,11,15 5.60 (1) (aL) There shall be a separate ballot for the seat of each member of the technical college district board in the election district when so required. The elections board shall determine the official ballot arrangement for technical college district board candidates by using the same method as that used under par. (b).

SB258, s. 12 Section 12. 5.60 (1) (b) of the statutes is amended to read:

SB258,12,6 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, member of a technical college district board, circuit judge and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage commission if the metropolitan sewerage district is organized under subch. I of ch. 200. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot. In metropolitan sewerage districts created under s. 200.23, arrangement of the names on the ballot shall be determined by the secretary of the metropolitan sewerage district using the same method as that used by the board under this paragraph.

SB258, s. 13 Section 13. 5.60 (4m) of the statutes is amended to read:

SB258,12,15 5.60 (4m) Metropolitan sewerage commission. A separate ballot shall list the names of all candidates for the metropolitan sewerage commission seats, if commissioners are elected under s. 200.09 (11) (am), except as authorized in s. 5.655. The In districts created under s. 200.23, the ballot shall list the names of the candidates for metropolitan sewerage commissioner from the subdistrict for the ward or election district in which the ballot is used. In other districts, the names of the candidates for the different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

SB258, s. 14 Section 14. 5.60 (4n) of the statutes is created to read:

SB258,12,20 5.60 (4n) Exposition district board of directors. A separate ballot shall list the names of all candidates for the exposition district board of directors, except as authorized under s. 5.655. The names of the candidates for the different seats shall be placed in separate columns or rows.

SB258, s. 15 Section 15. 5.60 (6m) of the statutes is amended to read:

SB258,13,2 5.60 (6m) Town sanitary district commission. Except as authorized in s. 5.655, a separate ballot shall list the names of all candidates for town sanitary district commission seats, if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with the boundaries of one or more towns. The names for different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

SB258, s. 16 Section 16. 7.10 (1) (a) of the statutes is amended to read:

SB258,13,10 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4), for an exposition district board of directors whenever the exposition district is not coterminous with the boundaries of a single municipality, and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the board under s. 7.08 (1) (a).

SB258, s. 17 Section 17. 7.51 (3) (b) of the statutes is amended to read:

SB258,13,22 7.51 (3) (b) For ballots which relate only to municipal or school district offices or referenda, or offices or referenda of metropolitan sewerage districts created under s. 200.23, the inspectors, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper and deliver them and the keys therefor to the municipal or school district clerk or the secretary of the metropolitan sewerage district. For ballots that relate to an exposition district for which ballots were provided by the county clerk or board of election commissioners of a different county, the inspectors shall return the ballot boxes and keys therefor to the county clerk or board of election commissioners who provided the ballots. The clerk or secretary shall retain the ballots until destruction is authorized under s. 7.23.

SB258, s. 18 Section 18. 7.51 (3) (d) of the statutes is amended to read:

SB258,14,6 7.51 (3) (d) Except in municipalities where absentee ballots are canvassed under s. 7.52, all absentee certificate envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or school district election only , or when the ballots are used only in an election affecting a metropolitan sewerage district created under s. 200.23, the municipal clerk shall transmit the used envelopes to the county clerk.

SB258, s. 19 Section 19. 7.51 (4) (b) of the statutes is amended to read:

SB258,14,14 7.51 (4) (b) The chief inspector, or one of the inspectors appointed by him or her, immediately after the votes are tabulated or counted at each election, shall report the returns of the election to the municipal clerk for municipal elections or to the school district clerk for school district elections, except in 1st class cities, or to the secretary of the metropolitan sewerage district for elections in metropolitan sewerage districts created under s. 200.23. The clerk or secretary shall then make the returns public.

SB258, s. 20 Section 20. 7.51 (5) (a) 2. and 3. and (b) of the statutes are amended to read:

SB258,14,20 7.51 (5) (a) 2. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one tally sheet and one poll list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda or only to offices in metropolitan sewerage districts created under s. 200.23.

SB258,15,3 3. The inspectors shall also seal the inspectors' statement, inside a separate carrier envelope, and shall similarly seal in a separate carrier envelope one tally sheet and one poll list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall seal one tally sheet and one poll list for delivery to the school district clerk. For elections in metropolitan sewerage districts created under s. 200.23, the inspectors shall similarly seal one inspectors' statement, one tally sheet and one poll or registration list for delivery to the secretary of the metropolitan sewerage district.

SB258,15,16 (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district election or a metropolitan sewerage district election in districts created under s. 200.23 to the school district clerk or secretary of the metropolitan sewerage district by 4 p.m. on the day following each such election. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4. p.m. on the 2nd day following each such election, and no later than 4 p.m. on the day after receiving any corrected returns under s. 6.221 (6) (b). The person delivering the returns shall be paid out of the municipal treasury. Each clerk and secretary shall retain ballots, statements, tally sheets, or envelopes received by the clerk or secretary until destruction is authorized under s. 7.23 (1).

SB258, s. 21 Section 21. 7.53 (3n) of the statutes is created to read:

SB258,16,13 7.53 (3n) Metropolitan sewerage district elections. In each metropolitan sewerage district created under s. 200.23, the secretary of the district shall appoint 2 qualified electors of the district prior to the date of the election being canvassed who shall, with the secretary, constitute the metropolitan sewerage district board of canvassers. The secretary shall designate a deputy who shall perform the secretary's duties as a member of the board of canvassers in the event that the secretary's office is vacant or the secretary cannot perform his or her duties. The canvass shall begin as soon as possible after receipt of the returns and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and shall prepare a determination showing the names of the persons who are elected to the metropolitan sewerage commission. Following each primary election, the board of canvassers shall prepare a statement showing the names of persons who have won nomination to the office of metropolitan sewerage commissioner. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the metropolitan sewerage district office. The secretary of the district shall certify nominations after each primary and issue certificates of election to persons who are elected to the metropolitan sewerage commission after each election in the manner provided under sub. (4).

SB258, s. 22 Section 22. 7.60 (4) (a) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

SB258,17,14 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; members of the technical college district boards; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am); members of a professional football stadium district board; and members of an exposition district board whenever the boundaries of an exposition district are not coterminous with the boundaries of a single municipality. If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the government accountability board, technical college district board or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

SB258, s. 23 Section 23. 7.60 (5) (a) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

SB258,18,11 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the government accountability board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, members of the technical college district boards, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am) in a metropolitan sewerage district organization under subch. I of ch. 200. The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the government accountability board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the government accountability board no later than 7 days after each primary except the September primary, no later than 10 days after the September primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

SB258, s. 24 Section 24. 7.70 (3) (d) of the statutes is amended to read:

SB258,18,25 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; technical college district board members; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am) commissioners in a district organized under subch. I of ch. 200; and for any referenda questions submitted by the legislature.

SB258, s. 25 Section 25. 7.70 (6) of the statutes is created to read:

SB258,19,5 7.70 (6) Technical college district board members; determinations. The elections board shall transmit to the secretary of the technical college district board a copy of the certified determination of the chairperson of the elections board or his or her designee for the election of each member of any technical college district board.

SB258, s. 26 Section 26. 8.10 (3) (ae) of the statutes is created to read:

SB258,19,8 8.10 (3) (ae) For the office of member of the technical college district board from any election district, not less than 200 nor more than 400 electors.

SB258, s. 27 Section 27. 8.10 (3) (cm) of the statutes is amended to read:

SB258,19,12 8.10 (3) (cm) For county executives executive or member of a professional football stadium district board in counties over 500,000 population, not less than 2,000 nor more than 4,000 electors.

SB258, s. 28 Section 28. 8.10 (3) (d) of the statutes is amended to read:

SB258,19,16 8.10 (3) (d) For county executives executive or member of a professional football stadium district board in counties between 100,000 and 500,000 population, not less than 500 nor more than 1,000 electors.

SB258, s. 29 Section 29. 8.10 (6) (a) of the statutes is amended to read:

SB258,19,20 8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am), in a metropolitan sewerage district organized under subch. I of ch. 200, in the office of the board.

SB258, s. 30 Section 30. 8.10 (6) (f) of the statutes is created to read:

SB258,19,23 8.10 (6) (f) For metropolitan sewerage commissioners in districts created under s. 200.23, with the secretary of the metropolitan sewerage district.

SB258, s. 31 Section 31. 8.10 (6) (g) of the statutes is created to read:

SB258,20,2 8.10 (6) (g) For members of a professional baseball park district board, in the office of the board.

SB258, s. 32 Section 32. 8.11 (1) (a), (b) and (d) of the statutes are amended to read:

SB258,20,9 8.11 (1) (a) A primary may be held in any city for the nomination of candidates for city office, for the office of exposition district board member in an exposition district that is coterminous with the boundaries of the city, or for the office of cultural arts district board member. When a majority of all the members of the governing body of a city decide upon a spring primary for any specific election, they shall so provide not later than 3 days after the deadline for filing nomination papers.

SB258,20,14 (b) Any city may provide by charter ordinance, under s. 66.0101, that whenever 3 or more candidates file nomination papers for a city office, for the office of exposition district board member in an exposition district that is coterminous with the boundaries of the city, or for the office of cultural arts district board member, a primary to nominate candidates for the office shall be held.

SB258,20,19 (d) When the number of candidates for any city office, for the office of exposition district board member in an exposition district that is coterminous with the boundaries of the city, or for the office of cultural arts district board member does not exceed twice the number to be elected to the office, no primary may be held for the office and the candidates' names shall appear on the ballot for the ensuing election.

SB258, s. 33 Section 33. 8.11 (2g) of the statutes is created to read:

SB258,20,24 8.11 (2g) Metropolitan sewerage commission. (a) A primary shall be held in a metropolitan sewerage district created under s. 200.23 whenever there are more than twice the number of candidates to be elected to the metropolitan sewerage district within any subdistrict.

SB258,21,3 (b) A primary shall be held in a metropolitan sewerage district organized under subch. I of ch. 200 whenever there are more than twice the number of candidates to be elected to any seat on the metropolitan sewerage commission.

SB258, s. 34 Section 34. 8.11 (6) of the statutes is created to read:

SB258,21,7 8.11 (6) Technical college district board members. A primary shall be held in an election for any seat on a technical college district board whenever there are more than 2 candidates in any election district.

SB258, s. 35 Section 35. 8.11 (7) of the statutes is created to read:

SB258,21,12 8.11 (7) Town sanitary district commission. A primary shall be held for any seat on a town sanitary district commission in any district that is contained within more than one town whenever there are more than 2 candidates for the office of commissioner at any election.

SB258, s. 36 Section 36. 8.11 (8) of the statutes is created to read:

SB258,21,17 8.11 (8) Exposition district board of directors. A primary shall be held for any seat on the board of directors of an exposition district in an exposition district consisting of more than one municipality whenever there are more than 2 candidates for that seat.

SB258, s. 37 Section 37. 8.11 (10) of the statutes is created to read:

SB258,21,21 8.11 (10) Professional football stadium district board. A primary shall be held for any seat on the district board of a professional football stadium district whenever there are more than 2 candidates for that seat.

SB258, s. 38 Section 38. 9.10 (1) (a) of the statutes is amended to read:

SB258,22,5 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, town sanitary district, of any congressional, legislative, judicial, technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district, of any subdistrict within a metropolitan sewerage district created under s. 200.23, or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.

SB258, s. 39 Section 39. 9.10 (2) (b) of the statutes is amended to read:

SB258,22,11 9.10 (2) (b) A recall petition for a city, village, town, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district office shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought.

SB258, s. 40 Section 40. 9.10 (2) (d) of the statutes is amended to read: