LRBa3012/1
JTK:cjs&wlj:md
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 45,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA45,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA45,1,6
31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Waukesha County technical college district board, providing an
5exemption from and extending the time limit for emergency rule procedures, and
6granting rule-making authority".
SB275-AA45,1,9
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-AA45,1,10
10"
Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA45,1,1311
5.02
(3) "Educational officer" means the state superintendent
, a member of the
12Waukesha County technical college district board, and
a school board
members 13member.
SB275-AA45,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial
officers, educational
and officers other than Waukesha County
3technical college district board members, municipal officers, nonpartisan county
4officers and sewerage commissioners and to express preferences for the person to be
5the presidential candidate for each party in a year in which electors for president and
6vice president are to be elected.
SB275-AA45,2,11
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 Waukesha
11County technical college district board.
SB275-AA45,2,1813
5.62
(2m) Waukesha County technical college district board. In those years
14when a primary is scheduled, there shall be a separate ballot for member of the
15Waukesha County technical college district board. Arrangement of the names on the
16ballot shall be determined by the government accountability board in the same
17manner as provided under s. 5.60 (1) (b). The ballot shall be titled "Official Primary
18Ballot for Waukesha County Technical College District Board."
SB275-AA45, s. 3m
19Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA45,2,2020
5.64
(1) (title)
Official ballot for partisan offices.
SB275-AA45,3,222
5.64
(1m) Waukesha County technical college district board. In those years
23when an election is scheduled, there shall be a separate ballot for each member of the
24Waukesha County technical college district board. The government accountability
25board shall determine the official ballot arrangement for Waukesha County
1technical college district board candidates by using the same method as that used
2under 5.60 (1) (b).
SB275-AA45,3,63
(b) Only the 2 candidates for election to the Waukesha County technical college
4district board receiving the highest numbers of votes within each election district at
5the primary election shall be nominees for their respective offices at the general
6election. Only their names shall appear on the official general election ballot.
SB275-AA45,4,38
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 Waukesha County technical
12college district boards; district attorneys; and metropolitan sewerage
13commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
14municipal judge elected under s. 755.01 (4) serves a municipality that is located
15partially within the county and candidates for that judgeship file nomination papers
16in another county, the board of canvassers shall prepare a duplicate statement
17showing the numbers of votes cast for that judgeship in that county for transmittal
18to the other county. For partisan candidates, the statements shall include the
19political party or principle designation, if any, next to the name of each candidate.
20The board of canvassers shall also prepare a statement showing the results of any
21county, technical college district, or statewide referendum. Each statement shall
22state the total number of votes cast in the county for each office; the names of all
23persons for whom the votes were cast, as returned; the number of votes cast for each
24person; and the number of votes cast for and against any question submitted at a
25referendum. The board of canvassers shall use one copy of each duplicate statement
1to report to the government accountability board, technical college district board, or
2board of canvassers of any other county and shall file the other statement in the office
3of the county clerk or board of election commissioners.
SB275-AA45,4,246
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 Waukesha County technical college district
11board, district attorney, and metropolitan sewerage commissioners, if the
12commissioners are elected under s. 200.09 (11) (am). The statement shall record the
13returns for each office or referendum by ward, unless combined returns are
14authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
15for each group of combined wards. Following primaries the county clerk shall enclose
16on forms prescribed by the government accountability board the names, party or
17principle designation, if any, and number of votes received by each candidate
18recorded in the same manner. The county clerk shall deliver or transmit the certified
19statement to the government accountability board no later than 9 days after each
20primary except the partisan primary, no later than 10 days after the partisan
21primary and any other election except the general election, and no later than 14 days
22after the general election. The board of canvassers shall deliver or transmit a
23certified copy of each statement for any technical college district referendum to the
24secretary of the technical college district board.
SB275-AA45,5,12
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;
Waukesha
10County 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-AA45,5,1814
7.70
(6) Waukesha County 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 Waukesha County technical college district board.
SB275-AA45,5,2320
8.11
(6) Waukesha County technical college district board members. A
21primary shall be held in an election for any seat on Waukesha County technical
22college district board whenever there are more than 2 candidates in any election
23district.
SB275-AA45,6,2
18.15
(5) (a)
Each Except as provided in par. (am), each nomination paper shall
2have substantially the following words printed at the top:
SB275-AA45,6,113
I, the undersigned, request that the name of (insert candidate's last name plus
4first name, nickname or initial, and middle name, former legal surname, nickname
5or middle initial or initials if desired, but no other abbreviations or titles) residing
6at (insert candidate's street address) be placed on the ballot at the (general or special)
7election to be held on (date of election) as a candidate representing the (name of
8party) so that voters will have the opportunity to vote for (him or her) for the office
9of (name of office). I am eligible to vote in (name of jurisdiction or district in which
10candidate seeks office). I have not signed the nomination paper of any other
11candidate for the same office at this election.
SB275-AA45,6,1513
8.15
(5) (am) For the office of member of the Waukesha County technical college
14district board, the nomination paper format under s. 8.10 (2) (b) shall apply except
15that reference to the general election shall be inserted.
SB275-AA45,6,1817
8.15
(6) (ds) For the office of member of the Waukesha County technical college
18district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA45,6,2520
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
21town, of any congressional, legislative, judicial,
Waukesha County technical college, 22town sanitary, or school district, or of any prosecutorial unit may petition for the
23recall of any incumbent elective official by filing a petition with the same official or
24agency with whom nomination papers or declarations of candidacy for the office are
25filed demanding the recall of the officeholder.
SB275-AA45,7,52
9.10
(2) (b) A recall petition for a city, village, town,
Waukesha County technical
3college district, town sanitary district, or school district office shall contain a
4statement of a reason for the recall which is related to the official responsibilities of
5the official for whom removal is sought.
SB275-AA45,7,207
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
8the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
9filing officer with whom the petition is filed. The petitioner shall append to the
10registration a statement indicating his or her intent to circulate a recall petition, the
11name of the officer for whom recall is sought and, in the case of a petition for the recall
12of a city, village, town,
Waukesha County technical college district, town sanitary
13district, or school district officer, a statement of a reason for the recall which is related
14to the official responsibilities of the official for whom removal is sought. No petitioner
15may circulate a petition for the recall of an officer prior to completing registration.
16The last date that a petition for the recall of an officer may be offered for filing is 5
17p.m. on the 60th day commencing after registration. After the recall petition has
18been offered for filing, no name may be added or removed. No signature may be
19counted unless the date of the signature is within the period provided in this
20paragraph.
SB275-AA45,8,222
9.10
(3) (a) This subsection applies to the recall of all elective officials other
23than city, village, town,
Waukesha County technical college district, town sanitary
24district, and school district officials. City, village, town,
Waukesha County technical
1college district, town sanitary district, and school district officials are recalled under
2sub. (4).
SB275-AA45,8,54
9.10
(4) (title)
City, village, town, town sanitary district, Waukesha County
5technical college district, and school district offices.
SB275-AA45,9,117
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
8Waukesha County technical college district, town sanitary district, or school district
9official, is offered for filing, the officer against whom the petition is filed may file a
10written challenge with the
municipal clerk or board of election commissioners or
11school district clerk official or agency with whom it is filed, specifying any alleged
12insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
13challenge with the
clerk or board of election commissioners official or agency within
145 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
15petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
16after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
17filing a reply to a rebuttal, the
clerk or board of election commissioners official or
18agency shall file the certificate or an amended certificate. Within 31 days after the
19petition is offered for filing, the
clerk or board of election commissioners official or
20agency shall determine by careful examination of the face of the petition whether the
21petition is sufficient and shall so state in a certificate attached to the petition. If the
22petition is found to be insufficient, the certificate shall state the particulars creating
23the insufficiency. The petition may be amended to correct any insufficiency within
245 days following the affixing of the original certificate. Within 2 days after the
25offering of the amended petition for filing, the
clerk or board of election
1commissioners official or agency shall again carefully examine the face of the petition
2to determine sufficiency and shall attach to the petition a certificate stating the
3findings. Immediately upon finding an original or amended petition sufficient,
4except in cities over 500,000 population
and in the Waukesha County technical
5college district, the
municipal clerk or school district clerk official shall transmit the
6petition to the governing body or to the school board. Immediately upon finding an
7original or amended petition sufficient, in cities over 500,000 population, the board
8of election commissioners shall file the petition in its office.
Immediately upon
9finding an original or amended petition sufficient, in the Waukesha County technical
10college district, the government accountability board shall file the petition in its
11office.
SB275-AA45,9,1813
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
14body, school board,
or board of election commissioners
, or government accountability
15board shall call a recall election. The recall election shall be held on the Tuesday of
16the 6th week commencing after the date on which the certificate is filed, except that
17if Tuesday is a legal holiday the recall election shall be held on the first day after
18Tuesday which is not a legal holiday.
SB275-AA45,9,2320
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
21article XIII, section 12, of the constitution and to extend the same rights to electors
22of cities, villages, towns,
the Waukesha County technical college district, town
23sanitary districts, and school districts.
SB275-AA45,10,2
111.26
(1) (c) Candidates for representative to the assembly
or member of the
2Waukesha County technical college district board, $500.
SB275-AA45,10,54
11.26
(2) (c) Candidates for representative to the assembly
or member of the
5Waukesha County technical college district board, $500.
SB275-AA45,10,107
11.31
(1) (f) Candidates for representative to the assembly
or member of the 8Waukesha County technical college district board, $17,250 total in the primary and
9election, with disbursements not exceeding $10,775 for either the primary or the
10election.
SB275-AA45, s. 22
11Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA45,10,1512
11.31
(1) (g) (intro.) In any jurisdiction or district, other than
the Waukesha
13County technical college district or a judicial district or circuit, with a population of
14500,000 or more according to the most recent federal census covering the entire
15jurisdiction or district:
SB275-AA45,10,1817
17.01
(10m) By a member of the Waukesha County technical college district
18board, to the secretary of the district board.