Amendment AA36-SB275

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2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 36, TO 2011 SENATE BILL 275

March 15, 2012 - Offered by Representative Mason.

SB275-AA36,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 2, as follows:

SB275-AA36,1,6 1. Page 1, line 5: delete "Milwaukee area technical college district board" and substitute "the Milwaukee area technical college district board, providing an exemption from and extending the time limit for emergency rule procedures, and granting rule-making authority

SB275-AA36,1,9 2. Page 1, line 6: delete the material beginning with that line and ending with page 6, line 20, including the material inserted by senate amendment 1, and substitute:

SB275-AA36,1,10 " Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:

SB275-AA36,1,13 5.02 (3) "Educational officer" means the state superintendent, a member of the Milwaukee area technical college district board, and a school board members member.

SB275-AA36,2,6 (21) "Spring election" means the election held on the first Tuesday in April to elect judicial officers, educational and officers other than Milwaukee area technical college district board members, municipal officers, nonpartisan county officers and sewerage commissioners and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

SB275-AA36,2,11 (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 the Milwaukee area technical college district board.

SB275-AA36, s. 2 Section 2. 5.62 (2m) of the statutes is created to read:

SB275-AA36,2,18 5.62 (2m) Milwaukee area technical college district board. In those years when a primary is scheduled, there shall be a separate ballot for member of the Milwaukee area technical college district board. Arrangement of the names on the ballot shall be determined by the government accountability board in the same manner as provided under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Milwaukee area Technical College District Board."

SB275-AA36, s. 3m Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:

SB275-AA36,2,20 5.64 (1) (title) Official ballot for partisan offices.

SB275-AA36, s. 4 Section 4. 5.64 (1m) of the statutes is created to read:

SB275-AA36,3,2 5.64 (1m) Milwaukee area technical college district board. In those years when an election is scheduled, there shall be a separate ballot for each member of the Milwaukee area technical college district board. The government accountability board shall determine the official ballot arrangement for Milwaukee area technical college district board candidates by using the same method as that used under 5.60 (1) (b).

SB275-AA36,3,6 (b) Only the 2 candidates for election to the Milwaukee area technical college district board receiving the highest numbers of votes within each election district at the primary election shall be nominees for their respective offices at the general election. Only their names shall appear on the official general election ballot.

SB275-AA36, s. 6 Section 6. 7.60 (4) (a) of the statutes is amended to read:

SB275-AA36,4,3 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; circuit judges; members of the Milwaukee area technical college district boards; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). 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.

SB275-AA36, s. 7 Section 7. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115, is amended to read:

SB275-AA36,4,24 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or transmit to the government accountability board 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, circuit judge, members of the Milwaukee area technical college district board, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). 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 9 days after each primary except the partisan primary, no later than 10 days after the partisan 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.

SB275-AA36, s. 7m Section 7m. 7.70 (3) (d) of the statutes is amended to read:

SB275-AA36,5,12 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; circuit judge; Milwaukee area technical college district board member; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

SB275-AA36, s. 8 Section 8. 7.70 (6) of the statutes is created to read:

SB275-AA36,5,18 7.70 (6) Milwaukee area technical college district board members; determinations. The government accountability board shall transmit to the secretary of the technical college district board a copy of the certified determination of the chairperson of the government accountability board or his or her designee for the election of each member of the Milwaukee area technical college district board.

SB275-AA36, s. 10 Section 10. 8.11 (6) of the statutes is created to read:

SB275-AA36,5,22 8.11 (6) Milwaukee area technical college district board members. A primary shall be held in an election for any seat on Milwaukee area technical college district board whenever there are more than 2 candidates in any election district.

SB275-AA36, s. 10e Section 10e. 8.15 (5) (a) of the statutes is amended to read:

SB275-AA36,5,25 8.15 (5) (a) Each Except as provided in par. (am), each nomination paper shall have substantially the following words printed at the top:

SB275-AA36,6,9 I, the undersigned, request that the name of (insert candidate's last name plus first name, nickname or initial, and middle name, former legal surname, nickname or middle initial or initials if desired, but no other abbreviations or titles) residing at (insert candidate's street address) be placed on the ballot at the (general or special) election to be held on (date of election) as a candidate representing the (name of party) so that voters will have the opportunity to vote for (him or her) for the office of (name of office). I am eligible to vote in (name of jurisdiction or district in which candidate seeks office). I have not signed the nomination paper of any other candidate for the same office at this election.

SB275-AA36, s. 10g Section 10g. 8.15 (5) (am) of the statutes is created to read:

SB275-AA36,6,13 8.15 (5) (am) For the office of member of the Milwaukee area technical college district board, the nomination paper format under s. 8.10 (2) (b) shall apply except that reference to the general election shall be inserted.

SB275-AA36, s. 10m Section 10m. 8.15 (6) (ds) of the statutes is created to read:

SB275-AA36,6,16 8.15 (6) (ds) For the office of member of the Milwaukee area technical college district board from any election district, not less than 200 nor more than 400 electors.

SB275-AA36, s. 11 Section 11. 9.10 (1) (a) of the statutes is amended to read:

SB275-AA36,6,23 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or town, of any congressional, legislative, judicial, Milwaukee area technical college, town sanitary, or school district, 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.

SB275-AA36, s. 12 Section 12. 9.10 (2) (b) of the statutes is amended to read:

SB275-AA36,7,4 9.10 (2) (b) A recall petition for a city, village, town, Milwaukee area technical college district, town sanitary district, 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.

SB275-AA36, s. 13 Section 13. 9.10 (2) (d) of the statutes is amended to read:

SB275-AA36,7,19 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, Milwaukee area technical college district, town sanitary district, 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 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.

SB275-AA36, s. 14 Section 14. 9.10 (3) (a) of the statutes is amended to read:

SB275-AA36,7,25 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, Milwaukee area technical college district, town sanitary district, and school district officials. City, village, town, Milwaukee area technical college district, town sanitary district, and school district officials are recalled under sub. (4).

SB275-AA36, s. 15 Section 15. 9.10 (4) (title) of the statutes is amended to read:

SB275-AA36,8,3 9.10 (4) (title) City, village, town, town sanitary district, Milwaukee area technical college district, and school district offices.

SB275-AA36, s. 16 Section 16. 9.10 (4) (a) of the statutes is amended to read:

SB275-AA36,9,8 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, Milwaukee area technical college district, town sanitary district, 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 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 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 cities over 500,000 population and in the Milwaukee area technical college district, the municipal clerk or school district clerk official shall transmit the petition to the governing body or to the school board. 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 sufficient, in the Milwaukee area technical college district, the government accountability board shall file the petition in its office.

SB275-AA36, s. 17 Section 17. 9.10 (4) (d) of the statutes is amended to read:

SB275-AA36,9,15 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing body, school board, or board of election commissioners , or government accountability 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.

SB275-AA36, s. 18 Section 18. 9.10 (7) of the statutes is amended to read:

SB275-AA36,9,20 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, the Milwaukee area technical college district, town sanitary districts, and school districts.

SB275-AA36, s. 19 Section 19. 11.26 (1) (c) of the statutes is amended to read: