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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 29,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Hulsey.
SB275-AA29,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA29,1,7
31. Page 1, line 5: delete the material beginning with that line and ending with
4page 6, line 20, including the material inserted by senate amendment 1, and
5substitute "the Wisconsin Indianhead technical college district board, providing an
6exemption from and extending the time limit for emergency rule procedures, and
7granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB275-AA29, s. 1
8Section
1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB275-AA29,1,119
5.02
(3) "Educational officer" means the state superintendent
, a member of the
10Wisconsin Indianhead technical college district board, and
a school board
members 11member.
SB275-AA29,2,6
1(5) "General election" means the election held in even-numbered years on the
2Tuesday after the first Monday in November to elect United States senators,
3representatives in congress, presidential electors, state senators, representatives to
4the assembly, district attorneys, state officers other than the state superintendent
,
5members of the Wisconsin Indianhead technical college district boards, and judicial
6officers, and county officers other than supervisors and county executives.
SB275-AA29,2,11
7(23) "State office" means the offices of governor, lieutenant governor, secretary
8of state, state treasurer, attorney general, state superintendent, justice of the
9supreme court, court of appeals judge, circuit court judge, state senator, state
10representative to the assembly
and, district attorney
, and member of the Wisconsin
11Indianhead technical college district board.
SB275-AA29,2,1813
5.58
(2s) Wisconsin Indianhead technical college district board. In those
14years when a primary is scheduled, there shall be a separate ballot for member of the
15Wisconsin Indianhead technical college district board. Arrangement of the names
16on the ballot shall be determined by the government accountability board under s.
175.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Wisconsin
18Indianhead Technical College District Board."
SB275-AA29,3,1421
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
22for any judicial office, for any elected seat on a metropolitan sewerage commission
23or town sanitary district commission,
for member of the Wisconsin Indianhead
24technical college district board from any election district, in counties having a
25population of 750,000 or more, only 2 candidates for the office of comptroller, in
1counties having a population of 500,000 or more only 2 candidates for member of the
2board of supervisors within each district, in counties having a population of less than
3500,000 only 2 candidates for each member of the county board of supervisors from
4each district or numbered seat or only 4 candidates for each 2 members of the county
5board of supervisors from each district whenever 2 supervisors are elected to
6unnumbered seats from the same district, in 1st class cities only 2 candidates for any
7at-large seat and only 2 candidates from any election district to be elected to the
8board of school directors, in school districts electing school board members to
9numbered seats, or pursuant to an apportionment plan or district representation
10plan, only 2 school board candidates for each numbered seat or within each district,
11and twice as many candidates as are to be elected members of other school boards
12or other elective officers receiving the highest number of votes at the primary shall
13be nominees for the office at the spring election. Only their names shall appear on
14the official spring ballot.
SB275-AA29,3,1817
5.60
(1) (title)
State superintendent Nonpartisan state officers; judiciary;
18county executive; county comptroller; and county supervisors supervisor.
SB275-AA29,3,2420
5.60
(1) (am) In those years when an election is scheduled, there shall be a
21separate ballot for each member of the Wisconsin Indianhead technical college
22district board. The government accountability board shall determine the official
23ballot arrangement for technical college district board candidates by using the same
24method as that used under par. (b).
SB275-AA29,4,11
15.60
(1) (b) The board shall certify the candidates' names and designate the
2official ballot arrangement for candidates for state superintendent, justice, court of
3appeals judge, circuit judge
, member of the Wisconsin Indianhead technical college
4district board, and, if commissioners are elected under s. 200.09 (11) (am), the
5metropolitan sewerage commission. The arrangement of names of all candidates on
6the ballot whose nomination papers are filed with the board shall be determined by
7the board by the drawing of lots not later than the 2nd Tuesday in January, or the
8next day if the first Tuesday is a holiday. Whenever a primary is held for an office,
9a 2nd drawing of all candidates for that office shall be held by or under the
10supervision of the board not later than the 3rd day following the completion of the
11primary canvass to determine the arrangement of candidates on the election ballot.
SB275-AA29,5,813
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
14showing the numbers of votes cast for the offices of president and vice president; state
15officials; U.S. senators and representatives in congress; state legislators; justice;
16court of appeals judge; circuit judges;
members of the Wisconsin Indianhead
17technical college district board; district attorneys; and metropolitan sewerage
18commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
19municipal judge elected under s. 755.01 (4) serves a municipality that is located
20partially within the county and candidates for that judgeship file nomination papers
21in another county, the board of canvassers shall prepare a duplicate statement
22showing the numbers of votes cast for that judgeship in that county for transmittal
23to the other county. For partisan candidates, the statements shall include the
24political party or principle designation, if any, next to the name of each candidate.
25The board of canvassers shall also prepare a statement showing the results of any
1county, technical college district, or statewide referendum. Each statement shall
2state the total number of votes cast in the county for each office; the names of all
3persons for whom the votes were cast, as returned; the number of votes cast for each
4person; and the number of votes cast for and against any question submitted at a
5referendum. The board of canvassers shall use one copy of each duplicate statement
6to report to the government accountability board, technical college district board, or
7board of canvassers of any other county and shall file the other statement in the office
8of the county clerk or board of election commissioners.
SB275-AA29,6,411
7.60
(5) (a) Immediately following the canvass, the county clerk shall deliver
12or transmit to the government accountability board a certified copy of each statement
13of the county board of canvassers for president and vice president, state officials,
14senators and representatives in congress, state legislators, justice, court of appeals
15judge, circuit judge,
members of the Wisconsin Indianhead technical college district
16board, district attorney, and metropolitan sewerage commissioners, if the
17commissioners are elected under s. 200.09 (11) (am). The statement shall record the
18returns for each office or referendum by ward, unless combined returns are
19authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
20for each group of combined wards. Following primaries the county clerk shall enclose
21on forms prescribed by the government accountability board the names, party or
22principle designation, if any, and number of votes received by each candidate
23recorded in the same manner. The county clerk shall deliver or transmit the certified
24statement to the government accountability board no later than 9 days after each
25primary except the partisan primary, no later than 10 days after the partisan
1primary and any other election except the general election, and no later than 14 days
2after the general election. The board of canvassers shall deliver or transmit a
3certified copy of each statement for any technical college district referendum to the
4secretary of the technical college district board.
SB275-AA29,6,176
7.70
(3) (d) When the certified statements and returns are received, the
7chairperson of the board or the chairperson's designee shall proceed to examine and
8make a statement of the total number of votes cast at any election for the offices
9involved in the election for president and vice president; a statement for each of the
10offices of governor, lieutenant governor, if a primary, and a joint statement for the
11offices of governor and lieutenant governor, if a general election; a statement for each
12of the offices of secretary of state, state treasurer, attorney general, and state
13superintendent; for U.S. senator; representative in congress for each congressional
14district; the state legislature; justice; court of appeals judge; circuit judge;
Wisconsin
15Indianhead technical college district board member; district attorney; metropolitan
16sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and
17for any referenda questions submitted by the legislature.
SB275-AA29,6,2419
7.70
(6) Wisconsin Indianhead technical college district board members;
20determinations. The government accountability board shall transmit to the
21secretary of the technical college district board a copy of the certified determination
22of the chairperson of the government accountability board or his or her designee for
23the election of each member of the Wisconsin Indianhead technical college district
24board.
SB275-AA29,7,3
18.10
(3) (ae) For the office of member of the Wisconsin Indianhead technical
2college district board from any election district, not less than 200 nor more than 400
3electors.
SB275-AA29,7,85
8.11
(6) Wisconsin Indianhead technical college district board members. A
6primary shall be held in an election for any seat on the Wisconsin Indianhead
7technical college district board whenever there are more than 2 candidates in any
8election district.
SB275-AA29,7,1510
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
11town, of any congressional, legislative, judicial, town sanitary, or school district,
of
12the Wisconsin Indianhead technical college district, or of any prosecutorial unit may
13petition for the recall of any incumbent elective official by filing a petition with the
14same official or agency with whom nomination papers or declarations of candidacy
15for the office are filed demanding the recall of the officeholder.
SB275-AA29,7,2017
9.10
(2) (b) A recall petition for a city, village, town,
Wisconsin Indianhead
18technical college district, town sanitary district, or school district office shall contain
19a statement of a reason for the recall which is related to the official responsibilities
20of the official for whom removal is sought.
SB275-AA29,8,1022
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
23the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
24filing officer with whom the petition is filed. The petitioner shall append to the
25registration a statement indicating his or her intent to circulate a recall petition, the
1name of the officer for whom recall is sought and, in the case of a petition for the recall
2of a city, village, town,
Wisconsin Indianhead technical college district, town sanitary
3district, or school district officer, a statement of a reason for the recall which is related
4to the official responsibilities of the official for whom removal is sought. No petitioner
5may circulate a petition for the recall of an officer prior to completing registration.
6The last date that a petition for the recall of an officer may be offered for filing is 5
7p.m. on the 60th day commencing after registration. After the recall petition has
8been offered for filing, no name may be added or removed. No signature may be
9counted unless the date of the signature is within the period provided in this
10paragraph.
SB275-AA29,8,1612
9.10
(3) (a) This subsection applies to the recall of all elective officials other
13than city, village, town,
Wisconsin Indianhead technical college district, town
14sanitary district, and school district officials. City, village, town,
Wisconsin
15Indianhead technical college district, town sanitary district, and school district
16officials are recalled under sub. (4).
SB275-AA29,8,1918
9.10
(4) (title)
City, village, town, town sanitary district, Wisconsin
19Indianhead technical college district, and school district offices.
SB275-AA29,9,2521
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
22Wisconsin Indianhead technical college district, town sanitary district, or school
23district official, is offered for filing, the officer against whom the petition is filed may
24file a written challenge with the
municipal clerk or board of election commissioners
25or school district clerk official or agency with whom it is filed, specifying any alleged
1insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
2challenge with the
clerk or board of election commissioners official or agency within
35 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
4petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
5after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
6filing a reply to a rebuttal, the
clerk or board of election commissioners official or
7agency shall file the certificate or an amended certificate. Within 31 days after the
8petition is offered for filing, the
clerk or board of election commissioners official or
9agency shall determine by careful examination of the face of the petition whether the
10petition is sufficient and shall so state in a certificate attached to the petition. If the
11petition is found to be insufficient, the certificate shall state the particulars creating
12the insufficiency. The petition may be amended to correct any insufficiency within
135 days following the affixing of the original certificate. Within 2 days after the
14offering of the amended petition for filing, the
clerk or board of election
15commissioners official or agency shall again carefully examine the face of the petition
16to determine sufficiency and shall attach to the petition a certificate stating the
17findings. Immediately upon finding an original or amended petition sufficient,
18except in cities over 500,000 population
and in the Wisconsin Indianhead technical
19college district, the
municipal clerk or school district clerk official shall transmit the
20petition to the governing body or to the school board. Immediately upon finding an
21original or amended petition sufficient, in cities over 500,000 population, the board
22of election commissioners shall file the petition in its office.
Immediately upon
23finding an original or amended petition sufficient, in the Wisconsin Indianhead
24technical college district, the government accountability board shall file the petition
25in its office.
SB275-AA29,10,72
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
3body, school board,
or board of election commissioners
, or government accountability
4board shall call a recall election. The recall election shall be held on the Tuesday of
5the 6th week commencing after the date on which the certificate is filed, except that
6if Tuesday is a legal holiday the recall election shall be held on the first day after
7Tuesday which is not a legal holiday.
SB275-AA29,10,129
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
10article XIII, section 12, of the constitution and to extend the same rights to electors
11of cities, villages, towns,
the Wisconsin Indianhead technical college district, town
12sanitary districts, and school districts.
SB275-AA29,10,1514
11.26
(1) (c) Candidates for representative to the assembly
or member of the
15Wisconsin Indianhead technical college district board, $500.
SB275-AA29,10,1817
11.26
(2) (c) Candidates for representative to the assembly
or member of the
18Wisconsin Indianhead technical college district board, $500.
SB275-AA29,10,2320
11.31
(1) (f) Candidates for representative to the assembly
or member of the
21Wisconsin Indianhead technical college district board, $17,250 total in the primary
22and election, with disbursements not exceeding $10,775 for either the primary or the
23election.