March 15, 2012 - Offered by Representative Mason.
SB275-AA34,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA34,1,5 31. Page 1, line 5: delete "Milwaukee area technical college" and substitute
4"technical college district boards, providing an exemption from and extending the
5time limit for emergency rule procedures, and granting rule-making authority
SB275-AA34,1,8 62. Page 1, line 6: delete the material beginning with that line and ending with
7page 6, line 20, including the material inserted by senate amendment 1, and
8substitute:
SB275-AA34,1,9 9" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA34,1,1110 5.02 (3) "Educational officer" means the state superintendent, a member of a
11technical college district board,
and a school board members member.
SB275-AA34,2,4 12(21) "Spring election" means the election held on the first Tuesday in April to
13elect judicial, educational and officers other than technical college district board

1members,
municipal officers, nonpartisan county officers and sewerage
2commissioners and to express preferences for the person to be the presidential
3candidate for each party in a year in which electors for president and vice president
4are to be elected.
SB275-AA34,2,9 5(23) "State office" means the offices of governor, lieutenant governor, secretary
6of state, state treasurer, attorney general, state superintendent, justice of the
7supreme court, court of appeals judge, circuit court judge, state senator, state
8representative to the assembly and, district attorney, and member of a technical
9college district board
.
SB275-AA34, s. 2 10Section 2. 5.62 (2m) of the statutes is created to read:
SB275-AA34,2,1611 5.62 (2m) Technical college district board. In those years when a primary
12is scheduled, there shall be a separate ballot for member of the technical college
13district board. Arrangement of the names on the ballot shall be determined by the
14government accountability board in the same manner as provided under s. 5.60 (1)
15(b). The ballot shall be titled "Official Primary Ballot for .... (name of district)
16Technical College District Board."
SB275-AA34, s. 3m 17Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA34,2,1818 5.64 (1) (title) Official ballot for partisan offices.
SB275-AA34, s. 4 19Section 4. 5.64 (1m) of the statutes is created to read:
SB275-AA34,2,2420 5.64 (1m) Technical college district board. In those years when an election
21is scheduled, there shall be a separate ballot for each member of the 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 5.60 (1) (b).
SB275-AA34,3,4
1(b) Only the 2 candidates for election to the technical college district board
2receiving the highest numbers of votes within each election district at the primary
3election shall be nominees for their respective offices at the general election. Only
4their names shall appear on the official general election ballot.
SB275-AA34, s. 6 5Section 6. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA34,4,26 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
7showing the numbers of votes cast for the offices of president and vice president; state
8officials; U.S. senators and representatives in congress; state legislators; justice;
9court of appeals judge; circuit judges; members of the technical college district
10boards;
district attorneys; and metropolitan sewerage commissioners, if the
11commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
12under s. 755.01 (4) serves a municipality that is located partially within the county
13and candidates for that judgeship file nomination papers in another county, the
14board of canvassers shall prepare a duplicate statement showing the numbers of
15votes cast for that judgeship in that county for transmittal to the other county. For
16partisan candidates, the statements shall include the political party or principle
17designation, if any, next to the name of each candidate. The board of canvassers shall
18also prepare a statement showing the results of any county, technical college district,
19or statewide referendum. Each statement shall state the total number of votes cast
20in the county for each office; the names of all persons for whom the votes were cast,
21as returned; the number of votes cast for each person; and the number of votes cast
22for and against any question submitted at a referendum. The board of canvassers
23shall use one copy of each duplicate statement to report to the government
24accountability board, technical college district board, or board of canvassers of any

1other county and shall file the other statement in the office of the county clerk or
2board of election commissioners.
SB275-AA34, s. 7 3Section 7. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
4is amended to read:
SB275-AA34,4,235 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
6or transmit to the government accountability board a certified copy of each statement
7of the county board of canvassers for president and vice president, state officials,
8senators and representatives in congress, state legislators, justice, court of appeals
9judge, circuit judge, members of the technical college district boards, district
10attorney, and metropolitan sewerage commissioners, if the commissioners are
11elected under s. 200.09 (11) (am). The statement shall record the returns for each
12office or referendum by ward, unless combined returns are authorized under s. 5.15
13(6) (b) in which case the statement shall record the returns for each group of
14combined wards. Following primaries the county clerk shall enclose on forms
15prescribed by the government accountability board the names, party or principle
16designation, if any, and number of votes received by each candidate recorded in the
17same manner. The county clerk shall deliver or transmit the certified statement to
18the government accountability board no later than 9 days after each primary except
19the partisan primary, no later than 10 days after the partisan primary and any other
20election except the general election, and no later than 14 days after the general
21election. The board of canvassers shall deliver or transmit a certified copy of each
22statement for any technical college district referendum to the secretary of the
23technical college district board.
SB275-AA34, s. 7m 24Section 7m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA34,5,12
17.70 (3) (d) When the certified statements and returns are received, the
2chairperson of the board or the chairperson's designee shall proceed to examine and
3make a statement of the total number of votes cast at any election for the offices
4involved in the election for president and vice president; a statement for each of the
5offices of governor, lieutenant governor, if a primary, and a joint statement for the
6offices of governor and lieutenant governor, if a general election; a statement for each
7of the offices of secretary of state, state treasurer, attorney general, and state
8superintendent; for U.S. senator; representative in congress for each congressional
9district; the state legislature; justice; court of appeals judge; circuit judge; technical
10college district board member;
district attorney; metropolitan sewerage commission,
11if the commissioners are elected under s. 200.09 (11) (am); and for any referenda
12questions submitted by the legislature.
SB275-AA34, s. 8 13Section 8. 7.70 (6) of the statutes is created to read:
SB275-AA34,5,1814 7.70 (6) Technical college district board members; determinations. The
15government accountability board shall transmit to the secretary of the technical
16college district board a copy of the certified determination of the chairperson of the
17government accountability board or his or her designee for the election of each
18member of the district board.
SB275-AA34, s. 10 19Section 10. 8.11 (6) of the statutes is created to read:
SB275-AA34,5,2220 8.11 (6) Technical college district board members. A primary shall be held
21in an election for any seat on a technical college district board whenever there are
22more than 2 candidates in any election district.
SB275-AA34, s. 10e 23Section 10e. 8.15 (5) (a) of the statutes is amended to read:
SB275-AA34,5,2524 8.15 (5) (a) Each Except as provided in par. (am), each nomination paper shall
25have substantially the following words printed at the top:
SB275-AA34,6,9
1I, the undersigned, request that the name of (insert candidate's last name plus
2first name, nickname or initial, and middle name, former legal surname, nickname
3or middle initial or initials if desired, but no other abbreviations or titles) residing
4at (insert candidate's street address) be placed on the ballot at the (general or special)
5election to be held on (date of election) as a candidate representing the (name of
6party) so that voters will have the opportunity to vote for (him or her) for the office
7of (name of office). I am eligible to vote in (name of jurisdiction or district in which
8candidate seeks office). I have not signed the nomination paper of any other
9candidate for the same office at this election.
SB275-AA34, s. 10g 10Section 10g. 8.15 (5) (am) of the statutes is created to read:
SB275-AA34,6,1311 8.15 (5) (am) For the office of member of the a technical college district board,
12the nomination paper format under s. 8.10 (2) (b) shall apply except that reference
13to the general election shall be inserted.
SB275-AA34, s. 10m 14Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA34,6,1615 8.15 (6) (ds) For the office of member of the technical college district board from
16any election district, not less than 200 nor more than 400 electors.
SB275-AA34, s. 11 17Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA34,6,2318 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
19town, of any congressional, legislative, judicial, technical college, town sanitary, or
20school district, or of any prosecutorial unit may petition for the recall of any
21incumbent elective official by filing a petition with the same official or agency with
22whom nomination papers or declarations of candidacy for the office are filed
23demanding the recall of the officeholder.
SB275-AA34, s. 12 24Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA34,7,4
19.10 (2) (b) A recall petition for a city, village, town, technical college district,
2town sanitary district, or school district office shall contain a statement of a reason
3for the recall which is related to the official responsibilities of the official for whom
4removal is sought.
SB275-AA34, s. 13 5Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA34,7,186 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
7the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
8filing officer with whom the petition is filed. The petitioner shall append to the
9registration a statement indicating his or her intent to circulate a recall petition, the
10name of the officer for whom recall is sought and, in the case of a petition for the recall
11of a city, village, town, technical college district, town sanitary district, or school
12district officer, a statement of a reason for the recall which is related to the official
13responsibilities of the official for whom removal is sought. No petitioner may
14circulate a petition for the recall of an officer prior to completing registration. The
15last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
16on the 60th day commencing after registration. After the recall petition has been
17offered for filing, no name may be added or removed. No signature may be counted
18unless the date of the signature is within the period provided in this paragraph.
SB275-AA34, s. 14 19Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA34,7,2320 9.10 (3) (a) This subsection applies to the recall of all elective officials other
21than city, village, town, technical college district, town sanitary district, and school
22district officials. City, village, town, technical college district, town sanitary district,
23and school district officials are recalled under sub. (4).
SB275-AA34, s. 15 24Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA34,8,2
19.10 (4) (title) City, village, town, town sanitary district, technical college
2district,
and school district offices.
SB275-AA34, s. 16 3Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA34,9,74 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
5technical college district, town sanitary district, or school district official, is offered
6for filing, the officer against whom the petition is filed may file a written challenge
7with the municipal clerk or board of election commissioners or school district clerk
8official or agency with whom it is filed, specifying any alleged insufficiency. If a
9challenge is filed, the petitioner may file a written rebuttal to the challenge with the
10clerk or board of election commissioners official or agency within 5 days after the
11challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed
12may file a reply to any new matter raised in the rebuttal within 2 days after the
13rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a
14reply to a rebuttal, the clerk or board of election commissioners official or agency
15shall file the certificate or an amended certificate. Within 31 days after the petition
16is offered for filing, the clerk or board of election commissioners official or agency
17shall determine by careful examination of the face of the petition whether the
18petition is sufficient and shall so state in a certificate attached to the petition. If the
19petition is found to be insufficient, the certificate shall state the particulars creating
20the insufficiency. The petition may be amended to correct any insufficiency within
215 days following the affixing of the original certificate. Within 2 days after the
22offering of the amended petition for filing, the clerk or board of election
23commissioners
official or agency shall again carefully examine the face of the petition
24to determine sufficiency and shall attach to the petition a certificate stating the
25findings. Immediately upon finding an original or amended petition sufficient,

1except in cities over 500,000 population and in technical college districts, the
2municipal clerk or school district clerk official shall transmit the petition to the
3governing body or to the school board. Immediately upon finding an original or
4amended petition sufficient, in cities over 500,000 population, the board of election
5commissioners shall file the petition in its office. Immediately upon finding an
6original or amended petition sufficient, in technical college districts, the government
7accountability board shall file the petition in its office.
SB275-AA34, s. 17 8Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA34,9,149 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
10body, school board, or board of election commissioners , or government accountability
11board
shall call a recall election. The recall election shall be held on the Tuesday of
12the 6th week commencing after the date on which the certificate is filed, except that
13if Tuesday is a legal holiday the recall election shall be held on the first day after
14Tuesday which is not a legal holiday.
SB275-AA34, s. 18 15Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA34,9,1916 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
17article XIII, section 12, of the constitution and to extend the same rights to electors
18of cities, villages, towns, technical college districts, town sanitary districts, and
19school districts.
SB275-AA34, s. 19 20Section 19. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA34,9,2221 11.26 (1) (c) Candidates for representative to the assembly or member of a
22technical college district board
, $500.
SB275-AA34, s. 20 23Section 20. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA34,9,2524 11.26 (2) (c) Candidates for representative to the assembly or member of a
25technical college district board
, $500.
SB275-AA34, s. 21
1Section 21. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA34,10,42 11.31 (1) (f) Candidates for representative to the assembly or member of a
3technical college district board
, $17,250 total in the primary and election, with
4disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA34, s. 22 5Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA34,10,86 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college
7district or
judicial district or circuit, with a population of 500,000 or more according
8to the most recent federal census covering the entire jurisdiction or district:
SB275-AA34, s. 23 9Section 23. 17.01 (10m) of the statutes is created to read:
SB275-AA34,10,1110 17.01 (10m) By a member of a technical college district board, to the secretary
11of the district board.
SB275-AA34, s. 24 12Section 24. 17.02 (2) of the statutes is created to read:
SB275-AA34,10,1513 17.02 (2) Technical college district board. Of the resignation of a member
14of a technical college district board, by the secretary of the district board to the
15government accountability board.
SB275-AA34, s. 25 16Section 25. 17.17 (2) of the statutes is created to read:
SB275-AA34,10,1917 17.17 (2) Technical college district board. In the office of member of a
18technical college district board, by the secretary of the district board to the
19government accountability board.
SB275-AA34, s. 26 20Section 26. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA34,11,521 17.27 (3) Technical college district board. Except as provided in s. 9.10, a
22vacancy in the office of member of a technical college district board may be filled by
23temporary appointment of the remaining members of the district board. The
24temporary appointee shall serve until a successor is elected and qualifies. If the
25vacancy occurs in any year after the Tuesday after the first Monday in November, and

1on or before April 15, the vacancy shall be filled for the residue of the unexpired term,
2if any, at the succeeding general election. If the vacancy occurs in any year after April
315 or on or before the Tuesday after the first Monday in November, the vacancy shall
4be filled for the residue of the unexpired term, if any, at the 2nd succeeding general
5election.
SB275-AA34, s. 27 6Section 27. 38.04 (15) of the statutes is repealed.
SB275-AA34, s. 28 7Section 28. 38.06 (6) of the statutes is created to read:
SB275-AA34,11,108 38.06 (6) Promptly upon issuance of a reorganization order by the board, the
9director of the board shall transmit a copy of the order to the government
10accountability board.
SB275-AA34, s. 29 11Section 29. 38.08 (1) (a) of the statutes is repealed and recreated to read:
SB275-AA34,11,1712 38.08 (1) (a) A district board shall administer the district and shall be composed
13of 9 members who are residents of the district. The members shall be elected to
14represent numbered election districts within each technical college district by the
15electors of each election district on a nonpartisan ballot at the general election. Each
16member of the district board shall be an elector of the numbered election district
17within the technical college district for which he or she seeks office.
SB275-AA34, s. 30 18Section 30. 38.08 (1) (b) of the statutes is amended to read:
SB275-AA34,11,2019 38.08 (1) (b) District board members shall take office on July 1 the first Monday
20in January following their election
and shall serve staggered 3-year 4-year terms.
SB275-AA34, s. 31 21Section 31. 38.08 (1) (c) of the statutes is created to read:
SB275-AA34,12,222 38.08 (1) (c) Promptly upon receipt of the determinations from the government
23accountability board under s. 7.70 (6) and upon appointment of any person to fill a
24temporary vacancy on the district board, the secretary of the district board shall send

1written notification of the name and address of each member and expiration date of
2each member's term to the director of the technical college system board.
SB275-AA34, s. 32 3Section 32. 38.08 (1g), (2) and (2m) of the statutes are repealed.
SB275-AA34, s. 33 4Section 33. 38.08 (6) of the statutes is created to read:
SB275-AA34,12,205 38.08 (6) (a) Within 90 days after the population count by block, established
6in the decennial federal census of population, and maps showing the location and
7numbering of census blocks become available in printed form from the federal
8government or are published for distribution by an agency of this state or within 90
9days after alteration of the boundaries of an existing district, the district board of
10each existing district shall apportion and prescribe the boundaries of 9 numbered
11election districts within the district, to be as nearly equal in population as possible.
12Within 90 days after the creation of any new district, the technical college system
13board shall similarly apportion and prescribe the boundaries of 9 numbered election
14districts within that district. Alterations in election districts resulting from
15boundary changes to existing districts may be made only to the extent required to
16facilitate the change. Insofar as possible, each election district shall be compact and
17observe the community of interest of existing neighborhoods. A detailed map and
18description of each election district prescribed by a district board shall be prepared
19and transmitted by the district board to the director of the technical college system
20board.
SB275-AA34,13,321 (b) All proposed district boundaries prescribed by a district board under par.
22(a) shall become effective only upon their approval by the technical college system
23board. If the technical college system board disapproves the proposed boundaries,
24the district board shall submit a revised districting plan for approval of the technical
25college system board. Upon approval of the election district boundaries within any

1district, the technical college system board shall promulgate the boundaries
2established under par. (a) as a rule under ch. 227. The boundaries shall become
3effective on the effective date of the rule.
SB275-AA34, s. 34 4Section 34. 38.10 of the statutes is repealed.
SB275-AA34, s. 35 5Section 35. Nonstatutory provisions.
SB275-AA34,14,36 (1) Initial election of district boards. Notwithstanding section 38.08 (6) of
7the statutes, as created by this act, within 60 days after the effective date of this
8subsection, the appointment committee of each technical college district shall adopt
9and transmit to the secretary of each technical college district board and the director
10of the technical college system board an initial districting plan for election districts
11as required by section 38.08 (6) of the statutes, as created by this act. The technical
12college system board shall review and determine its approval or disapproval of each
13plan as promptly as possible. If a plan is rejected, the appointment committee shall
14submit a new plan for approval. Notwithstanding section 227.24 (1) (a), (2) (b), and
15(3) of the statutes, the technical college system board may promulgate the plan as an
16emergency rule under section 227.24 of the statutes without providing evidence that
17promulgating a rule under this subsection as an emergency rule is necessary for the
18preservation of the public peace, health, safety, or welfare, and is not required to
19provide a finding of emergency for a rule promulgated under this subsection.
20Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule
21promulgated under this subsection applies until a rule replacing that rule takes
22effect or until the actions specified in section 227.24 (1) (d) of the statutes occur,
23whichever is sooner. Notwithstanding section 227.19 (4) to (6) of the statutes, the
24rule replacing a valid emergency rule adopted under this subsection may not contain
25any substantive change from the emergency rule. Notwithstanding sections 227.135

1(2) and (4) and 227.24 (1) (e) 1d. and 1g. of the statutes, a proposed emergency rule
2promulgated under this subsection and the statement of the scope of the proposed
3emergency rule are not subject to approval of the governor.
SB275-AA34,14,154 (2) Transitional terms. Notwithstanding chapter 269, laws of 1981, section 22,
5and section 38.08 (1) (b) of the statutes, as affected by this act, the members of each
6technical college district board who hold office on the effective date of this subsection
7shall cease to hold office on January 7, 2013. At the 2012 general election, 9 members
8shall be elected to each technical college district board for terms commencing on
9January 7, 2013. Notwithstanding section 38.08 (1) (b) of the statutes, as affected
10by this act, the persons elected to represent election districts numbered 1 and 2 at
11that election shall serve for terms of one year, the persons elected to represent
12election districts numbered 3 and 4 at that election shall serve for terms of 2 years,
13the persons elected to represent election districts numbered 5 and 6 at that election
14shall serve for terms of 3 years, and the persons elected to represent election districts
15numbered 7, 8, and 9 at that election shall serve for terms of 4 years.
SB275-AA34,14,1916 (3) Vacancies. Notwithstanding section 38.10, 2009 stats., the appointment
17committee of each technical college district shall not make any appointment to a
18technical college district board for the purpose of filling a vacancy resulting from
19expiration of a term of office after the effective date of this subsection.
SB275-AA34, s. 36 20Section 36. Effective dates. This act takes effect on April 15, 2012, except
21as follows:
SB275-AA34,14,2422 (1) The treatment of sections 17.01 (10m), 17.02 (2), 17.17 (2), 17.27 (3), 38.04
23(15), 38.08 (1) (a), (b), and (c), (1g), (2), and (2m), 38.08 (6), and 38.10 of the statutes
24takes effect on January 7, 2013.".
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