SB258: Bill Text

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:

SB258,23,2 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that on which a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB258, s. 41 Section 41. 9.10 (3) (a) of the statutes is amended to read:

SB258,23,9 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, town sanitary district, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school district officials. City, village, town, town sanitary district, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school district officials are recalled under sub. (4).

SB258, s. 42 Section 42. 9.10 (4) (a) of the statutes is amended to read:

SB258,25,12 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk official or agency with whom it the petition is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners official or agency within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners official or agency shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners official or agency shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate issued by the official or agency attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners official or agency shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, and cultural arts districts, and cities over 500,000 population, the municipal clerk or school district clerk the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a petition filed against a metropolitan sewerage commissioner or cultural arts district board member, immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office. Immediately upon finding an original or amended petition offered for filing against a metropolitan sewerage commissioner to be sufficient in a metropolitan sewerage district created under s. 200.23, the secretary of the metropolitan sewerage district shall file the petition in his or her office and shall transmit a copy of the petition to the metropolitan sewerage commission. Immediately upon finding an original or amended petition sufficient, in a technical college district or a metropolitan sewerage district organized under subch. I of ch. 200, the elections board shall file the petition in its office. Immediately upon finding an original or amended petition offered for filing against a town sanitary district commissioner to be sufficient in a town sanitary district, the secretary of the district shall file the petition in his or her office and transmit a copy to the town sanitary district commission. Immediately upon finding an original or amended petition sufficient in an exposition district the boundaries of which are not coterminous with the boundaries of a single municipality, the county clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners. Immediately upon finding an original or amended petition sufficient in a professional football stadium district, the county clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners. Immediately upon finding an original or amended petition sufficient in a cultural arts district, the city clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners.

SB258, s. 43 Section 43. 9.10 (4) (d) of the statutes is amended to read:

SB258,25,20 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued under par. (a), the governing body, school board, or county clerk, city clerk, board of election commissioners, metropolitan sewerage commission, town sanitary district commission, or elections board shall call a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date on which the certificate is filed, except that if Tuesday is a legal holiday the recall election shall be held on the first day after Tuesday which is not a legal holiday.

SB258, s. 44 Section 44. 9.10 (7) of the statutes is amended to read:

SB258,26,2 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school districts.

SB258, s. 45 Section 45. 10.05 of the statutes is amended to read:

SB258,26,21 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school districts. Whenever a notice is required to be published, a village, town or, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district or whenever the governing body of the village, town or , town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication, or if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

SB258, s. 46 Section 46. 11.02 (3) of the statutes is amended to read:

SB258,27,2 11.02 (3) Except as provided in sub. subs. (3e), (9), (10), and (11), the "filing officer" for each candidate for local office and for each committee which or individual who is acting in support of or in opposition to any candidate for local office, but not any candidate for state office, is the clerk of the most populous jurisdiction for which any candidate who is supported or opposed seeks office.

SB258, s. 47 Section 47. 11.02 (9) to (12) of the statutes are created to read:

SB258,27,6 11.02 (9) If the jurisdiction under sub. (3) is a metropolitan sewerage district created under s. 200.23, the filing officer is the secretary of the metropolitan sewerage district.

SB258,27,8 (10) If the jurisdiction under sub. (3) is a metropolitan sewerage district organized under subch. I of ch. 200, the filing officer is the board.

SB258,27,10 (11) If the jurisdiction under sub. (3) is a town sanitary district, the filing officer is the secretary of the district.

SB258,27,17 (12) If the jurisdiction under sub. (3) is an exposition district the boundaries of which are coterminous with the boundaries of a single municipality, the filing officer is the municipal clerk or board of election commissioners of that municipality. If the jurisdiction under sub. (3) is an exposition district the boundaries of which are not coterminous with the boundaries of a single municipality, the filing officer is the county clerk or board of election commissioners of the county in which the largest portion of the population of the district is contained.

SB258, s. 48 Section 48. 11.02 (14) and (15) of the statutes are created to read:

SB258,27,21 11.02 (14) If the jurisdiction under sub. (3) is a professional football stadium district, the filing officer is the county clerk or board of election commissioners of the county in which the district is contained.

SB258,27,24 (15) If the jurisdiction under sub. (3) is a cultural arts district, the filing officer is the city clerk or board of election commissioners of the city in which the district is contained.

SB258, s. 49 Section 49. 11.26 (1) (c) of the statutes is amended to read:

SB258,28,2 11.26 (1) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB258, s. 50 Section 50. 11.26 (1) (d) 2. of the statutes is amended to read:

SB258,28,7 11.26 (1) (d) 2. One cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district or subdistrict is based, as certified by the appropriate filing officer, but not more than $3,000.

SB258, s. 51 Section 51. 11.26 (2) (c) of the statutes is amended to read:

SB258,28,10 11.26 (2) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB258, s. 52 Section 52. 11.26 (2) (e) 2. of the statutes is amended to read:

SB258,28,15 11.26 (2) (e) 2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district, or subdistrict is based, as certified by the appropriate filing officer, but not more than $2,500.

SB258, s. 53 Section 53. 11.31 (1) (f) of the statutes is amended to read:

SB258,28,19 11.31 (1) (f) Candidates for representative to the assembly or member of a technical college district board, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.

SB258, s. 54 Section 54. 11.31 (1) (g) (intro.) of the statutes is amended to read:

SB258,28,23 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college district or judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:

SB258, s. 55 Section 55. 11.31 (1) (g) 1. d. of the statutes is created to read:

SB258,29,2 11.31 (1) (g) 1. d. Candidates for metropolitan sewerage commissioner in a district created under s. 200.23, $17,250.

SB258, s. 56 Section 56. 17.01 (9m) of the statutes is created to read:

SB258,29,4 17.01 (9m) By a town sanitary district officer, to the secretary of the district.

SB258, s. 57 Section 57. 17.01 (10m) of the statutes is created to read:

SB258,29,7 17.01 (10m) By a member of a technical college district board, to the secretary of the district board.

SB258, s. 58 Section 58. 17.01 (11n) of the statutes is created to read:

SB258,29,13 17.01 (11n) By a member of the metropolitan sewerage commission in a district created under s. 200.23, to the secretary of the metropolitan sewerage district. The secretary shall immediately give a copy of each resignation under this subsection to the elections board and to the county and municipal clerk or board of election commissioners of each county and municipality that has territory within the district.

SB258, s. 59 Section 59. 17.02 (2) of the statutes is created to read:

SB258,29,17 17.02 (2) Technical college district board. Of the resignation of a member of a technical college district board, by the secretary of the district board to the elections board.

SB258, s. 60 Section 60. 17.02 (5) of the statutes is created to read:

SB258,29,22 17.02 (5) Metropolitan sewerage commissioners. Of the resignation of a commissioner of a metropolitan sewerage district in a district organized under subch. I of ch. 200, by the secretary of the metropolitan sewerage district to the elections board.

SB258, s. 61 Section 61. 17.13 (intro.) of the statutes is amended to read:

SB258,30,3 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and metropolitan sewerage district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and , family care districts, and metropolitan sewerage districts created under s. 200.23 may be removed as follows:

SB258, s. 62 Section 62. 17.13 (3) of the statutes is amended to read: