LRBa3023/1
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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 61,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA61,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA61,1,6
31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Nicolet area technical college district board, providing an exemption
5from and extending the time limit for emergency rule procedures, and granting
6rule-making authority".
SB275-AA61,1,9
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-AA61,1,10
10"
Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA61,1,1211
5.02
(3) "Educational officer" means the state superintendent
, a member of the
12Nicolet area technical college district board, and
a school board
members member.
SB275-AA61,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial
officers, educational
and officers other than the Nicolet area 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-AA61,2,11
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 Nicolet area
11technical college district board.
SB275-AA61,2,2314
5.62
(3) The board shall designate the official primary ballot arrangement for
15statewide offices
, the Nicolet area technical college district board members, and
16district attorney within each prosecutorial district by using the same procedure as
17provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the
18ballot, the candidates for office shall be listed together with the offices which they
19seek in the following order whenever these offices appear on the partisan primary
20ballot: governor, lieutenant governor, attorney general, secretary of state, state
21treasurer, U.S. senator, U.S. representative in congress, state senator,
22representative to the assembly,
Nicolet area technical college district board member, 23district attorney and the county offices.
SB275-AA61,3,4
15.64
(1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
2giving the names of all candidates for president and vice president and for statewide,
3congressional, legislative,
Nicolet area technical college district, and county offices
4in the same form as prescribed by the board under s. 7.08 (1) (a).
SB275-AA61,4,26
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 Nicolet area technical college
10district boards; 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-AA61,4,235
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 Nicolet area technical college district board, 10district attorney, and metropolitan sewerage commissioners, if the commissioners
11are elected 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-AA61,5,12
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;
Nicolet
10area 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-AA61,5,1814
7.70
(6) Nicolet area 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 Nicolet area district board.
SB275-AA61,5,2120
8.15
(6) (ds) For the office of member of the the Nicolet area technical college
21district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA61,6,323
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
24town, of any congressional, legislative, judicial, town sanitary, or school district,
or
25of the Nicolet area technical college district, or of any prosecutorial unit may petition
1for the recall of any incumbent elective official by filing a petition with the same
2official or agency with whom nomination papers or declarations of candidacy for the
3office are filed demanding the recall of the officeholder.
SB275-AA61,6,85
9.10
(2) (b) A recall petition for a city, village, town,
Nicolet area the Nicolet
6area technical college district, town sanitary district, or school district office shall
7contain a statement of a reason for the recall which is related to the official
8responsibilities of the official for whom removal is sought.
SB275-AA61,6,2210
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
11the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
12filing officer with whom the petition is filed. The petitioner shall append to the
13registration a statement indicating his or her intent to circulate a recall petition, the
14name of the officer for whom recall is sought and, in the case of a petition for the recall
15of a city, village, town,
Nicolet area technical college district, town sanitary district,
16or school district officer, a statement of a reason for the recall which is related to the
17official responsibilities of the official for whom removal is sought. No petitioner may
18circulate a petition for the recall of an officer prior to completing registration. The
19last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
20on the 60th day commencing after registration. After the recall petition has been
21offered for filing, no name may be added or removed. No signature may be counted
22unless the date of the signature is within the period provided in this paragraph.
SB275-AA61,7,224
9.10
(3) (a) This subsection applies to the recall of all elective officials other
25than city, village, town,
Nicolet area technical college district, town sanitary district,
1and school district officials. City, village, town,
Nicolet area technical college district, 2town sanitary district, and school district officials are recalled under sub. (4).
SB275-AA61,7,54
9.10
(4) (title)
City, village, town, town sanitary district, Nicolet area
5technical college district, and school district offices.
SB275-AA61,8,107
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
8Nicolet area 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 technical college districts, the
5municipal clerk or school district clerk official shall transmit the petition to the
6governing body or to the school board. Immediately upon finding an original or
7amended petition sufficient, in cities over 500,000 population, the board of election
8commissioners shall file the petition in its office.
Immediately upon finding an
9original or amended petition sufficient, in the Nicolet area technical college districts,
10the government accountability board shall file the petition in its office.
SB275-AA61,8,1712
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
13body, school board,
or board of election commissioners
, or government accountability
14board shall call a recall election. The recall election shall be held on the Tuesday of
15the 6th week commencing after the date on which the certificate is filed, except that
16if Tuesday is a legal holiday the recall election shall be held on the first day after
17Tuesday which is not a legal holiday.
SB275-AA61,8,2219
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
20article XIII, section 12, of the constitution and to extend the same rights to electors
21of cities, villages, towns,
the Nicolet area technical college districts, town sanitary
22districts, and school districts.
SB275-AA61,8,2524
11.26
(1) (c) Candidates for representative to the assembly
or member of the
25Nicolet area technical college district board, $500.
SB275-AA61,9,32
11.26
(2) (c) Candidates for representative to the assembly
or member of the
3Nicolet area technical college district board, $500.
SB275-AA61,9,85
11.31
(1) (f) Candidates for representative to the assembly
or member of the
6Nicolet area technical college district board, $17,250 total in the primary and
7election, with disbursements not exceeding $10,775 for either the primary or the
8election.
SB275-AA61, s. 22
9Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA61,9,1310
11.31
(1) (g) (intro.) In any jurisdiction or district, other than
the Nicolet area
11technical college district or a judicial district or circuit, with a population of 500,000
12or more according to the most recent federal census covering the entire jurisdiction
13or district:
SB275-AA61,9,1615
17.01
(10m) By a member of the Nicolet area technical college district board,
16to the secretary of the district board.
SB275-AA61,9,2018
17.02
(2) Nicolet area technical college district board. Of the resignation
19of the Nicolet area member of a technical college district board, by the secretary of
20the district board to the government accountability board.
SB275-AA61,9,2422
17.17
(2) Nicolet area technical college district board. In the office of
23member of a technical college district board, by the secretary of the district board to
24the government accountability board.
SB275-AA61, s. 26
25Section 26. 17.27 (3) of the statutes is repealed and recreated to read: