LRBa3000/1
JTK:wlj:rs
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 37,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA37,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA37,1,6
31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Blackhawk technical college district board, providing an exemption
5from and extending the time limit for emergency rule procedures, and granting
6rule-making authority".
SB275-AA37,1,9
72. Page 1, line 6: delete the material beginning with that line and ending with
8page 6, line 20, including the material inserted by senate amendment 1, and
9substitute:
SB275-AA37,1,10
10"
Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA37,1,1211
5.02
(3) "Educational officer" means the state superintendent
, a member of the
12Blackhawk technical college district board, and
a school board
members member.
SB275-AA37,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial
officers, educational
and officers other than Blackhawk technical
3college district board members, municipal officers, nonpartisan county officers and
4sewerage commissioners and to express preferences for the person to be the
5presidential candidate for each party in a year in which electors for president and
6vice president are to be elected.
SB275-AA37,2,11
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 Blackhawk
11technical college district board.
SB275-AA37,2,1813
5.62
(2m) Blackhawk technical college district board. In those years when
14a primary is scheduled, there shall be a separate ballot for member of the Blackhawk
15technical college district board. Arrangement of the names on the ballot shall be
16determined by the government accountability board in the same manner as provided
17under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Blackhawk
18Technical College District Board."
SB275-AA37, s. 3m
19Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA37,2,2020
5.64
(1) (title)
Official ballot for partisan offices.
SB275-AA37,3,222
5.64
(1m) Blackhawk technical college district board. In those years when
23an election is scheduled, there shall be a separate ballot for each member of the
24Blackhawk technical college district board. The government accountability board
1shall determine the official ballot arrangement for Blackhawk technical college
2district board candidates by using the same method as that used under 5.60 (1) (b).
SB275-AA37,3,63
(b) Only the 2 candidates for election to the Blackhawk technical college district
4board receiving the highest numbers of votes within each election district at the
5primary election shall be nominees for their respective offices at the general election.
6Only their names shall appear on the official general election ballot.
SB275-AA37,4,38
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
9showing the numbers of votes cast for the offices of president and vice president; state
10officials; U.S. senators and representatives in congress; state legislators; justice;
11court of appeals judge; circuit judges;
members of the Blackhawk technical college
12district boards; district attorneys; and metropolitan sewerage commissioners, if the
13commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
14under s. 755.01 (4) serves a municipality that is located partially within the county
15and candidates for that judgeship file nomination papers in another county, the
16board of canvassers shall prepare a duplicate statement showing the numbers of
17votes cast for that judgeship in that county for transmittal to the other county. For
18partisan candidates, the statements shall include the political party or principle
19designation, if any, next to the name of each candidate. The board of canvassers shall
20also prepare a statement showing the results of any county, technical college district,
21or statewide referendum. Each statement shall state the total number of votes cast
22in the county for each office; the names of all persons for whom the votes were cast,
23as returned; the number of votes cast for each person; and the number of votes cast
24for and against any question submitted at a referendum. The board of canvassers
25shall use one copy of each duplicate statement to report to the government
1accountability board, technical college district board, or board of canvassers of any
2other county and shall file the other statement in the office of the county clerk or
3board of election commissioners.
SB275-AA37,4,246
7.60
(5) (a) Immediately following the canvass, the county clerk shall deliver
7or transmit to the government accountability board a certified copy of each statement
8of the county board of canvassers for president and vice president, state officials,
9senators and representatives in congress, state legislators, justice, court of appeals
10judge, circuit judge,
members of the Blackhawk technical college district board, 11district attorney, and metropolitan sewerage commissioners, if the commissioners
12are elected under s. 200.09 (11) (am). The statement shall record the returns for each
13office or referendum by ward, unless combined returns are authorized under s. 5.15
14(6) (b) in which case the statement shall record the returns for each group of
15combined wards. Following primaries the county clerk shall enclose on forms
16prescribed by the government accountability board the names, party or principle
17designation, if any, and number of votes received by each candidate recorded in the
18same manner. The county clerk shall deliver or transmit the certified statement to
19the government accountability board no later than 9 days after each primary except
20the partisan primary, no later than 10 days after the partisan primary and any other
21election except the general election, and no later than 14 days after the general
22election. The board of canvassers shall deliver or transmit a certified copy of each
23statement for any technical college district referendum to the secretary of the
24technical college district board.
SB275-AA37,5,12
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;
10Blackhawk technical college district board member; district attorney; metropolitan
11sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and
12for any referenda questions submitted by the legislature.
SB275-AA37,5,1814
7.70
(6) Blackhawk technical college district board members;
15determinations. The government accountability board shall transmit to the
16secretary of the technical college district board a copy of the certified determination
17of the chairperson of the government accountability board or his or her designee for
18the election of each member of the Blackhawk technical college district board.
SB275-AA37,5,2220
8.11
(6) Blackhawk technical college district board members. A primary
21shall be held in an election for any seat on Blackhawk technical college district board
22whenever there are more than 2 candidates in any election district.
SB275-AA37,5,2524
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-AA37,6,9
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-AA37,6,1311
8.15
(5) (am) For the office of member of the Blackhawk technical college
12district board, the nomination paper format under s. 8.10 (2) (b) shall apply except
13that reference to the general election shall be inserted.
SB275-AA37,6,1615
8.15
(6) (ds) For the office of member of the Blackhawk technical college district
16board from any election district, not less than 200 nor more than 400 electors.
SB275-AA37,6,2318
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
19town, of any congressional, legislative, judicial,
Blackhawk technical college, town
20sanitary, or school district, or of any prosecutorial unit may petition for the recall of
21any incumbent elective official by filing a petition with the same official or agency
22with whom nomination papers or declarations of candidacy for the office are filed
23demanding the recall of the officeholder.
SB275-AA37,7,4
19.10
(2) (b) A recall petition for a city, village, town,
Blackhawk technical
2college district, town sanitary district, or school district office shall contain a
3statement of a reason for the recall which is related to the official responsibilities of
4the official for whom removal is sought.
SB275-AA37,7,186
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,
Blackhawk technical college district, town sanitary district,
12or school district officer, a statement of a reason for the recall which is related to the
13official responsibilities 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-AA37,7,2320
9.10
(3) (a) This subsection applies to the recall of all elective officials other
21than city, village, town,
Blackhawk technical college district, town sanitary district,
22and school district officials. City, village, town,
Blackhawk technical college district, 23town sanitary district, and school district officials are recalled under sub. (4).
SB275-AA37,8,2
19.10
(4) (title)
City, village, town, town sanitary district, Blackhawk
2technical college district, and school district offices.
SB275-AA37,9,74
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
5Blackhawk technical college district, town sanitary district, or school district official,
6is offered for filing, the officer against whom the petition is filed may file a written
7challenge with the
municipal clerk or board of election commissioners or school
8district clerk official or agency with whom it is filed, specifying any alleged
9insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
10challenge with the
clerk or board of election commissioners official or agency within
115 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
12petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
13after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
14filing a reply to a rebuttal, the
clerk or board of election commissioners official or
15agency shall file the certificate or an amended certificate. Within 31 days after the
16petition is offered for filing, the
clerk or board of election commissioners official or
17agency shall 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 the Blackhawk technical college
2district, the
municipal clerk or school district clerk official shall transmit the petition
3to the governing body or to the school board. Immediately upon finding an original
4or amended 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 the Blackhawk technical college district,
7the government accountability board shall file the petition in its office.
SB275-AA37,9,149
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-AA37,9,1916
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,
the Blackhawk technical college district, town sanitary
19districts, and school districts.
SB275-AA37,9,2221
11.26
(1) (c) Candidates for representative to the assembly
or member of the
22Blackhawk technical college district board, $500.
SB275-AA37,9,2524
11.26
(2) (c) Candidates for representative to the assembly
or member of the
25Blackhawk technical college district board, $500.
SB275-AA37,10,42
11.31
(1) (f) Candidates for representative to the assembly
or member of the 3Blackhawk technical college district board, $17,250 total in the primary and election,
4with disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA37, s. 22
5Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA37,10,96
11.31
(1) (g) (intro.) In any jurisdiction or district, other than
the Blackhawk
7technical college district or a judicial district or circuit, with a population of 500,000
8or more according to the most recent federal census covering the entire jurisdiction
9or district: