LRBa3026/1
JTK:wlj:md
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 66,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA66,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA66,1,6
31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Southwest Wisconsin technical college district board, providing an
5exemption from and extending the time limit for emergency rule procedures, and
6granting rule-making authority".
SB275-AA66,1,9
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-AA66,1,10
10"
Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA66,1,1311
5.02
(3) "Educational officer" means the state superintendent
, a member of the
12Southwest Wisconsin technical college district board, and
a school board
members 13member.
SB275-AA66,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial
officers, educational
and officers other than the Southwest Wisconsin
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-AA66,2,11
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 Southwest
11Wisconsin technical college district board.
SB275-AA66,2,2314
5.62
(3) The board shall designate the official primary ballot arrangement for
15statewide offices
, the Southwest Wisconsin technical college district board members, 16and district attorney within each prosecutorial district by using the same procedure
17as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on
18the ballot, 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,
Southwest Wisconsin technical college district board
23member, district attorney and the county offices.
SB275-AA66,3,4
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,
Southwest Wisconsin technical college district, and
4county offices in the same form as prescribed by the board under s. 7.08 (1) (a).
SB275-AA66,4,26
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 Southwest Wisconsin technical
10college district boards; district attorneys; and metropolitan sewerage
11commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
12municipal judge elected under s. 755.01 (4) serves a municipality that is located
13partially within the county and candidates for that judgeship file nomination papers
14in another county, the board of canvassers shall prepare a duplicate statement
15showing the numbers of votes cast for that judgeship in that county for transmittal
16to the other county. For partisan candidates, the statements shall include the
17political party or principle designation, if any, next to the name of each candidate.
18The board of canvassers shall also prepare a statement showing the results of any
19county, technical college district, or statewide referendum. Each statement shall
20state the total number of votes cast in the county for each office; the names of all
21persons for whom the votes were cast, as returned; the number of votes cast for each
22person; and the number of votes cast for and against any question submitted at a
23referendum. The board of canvassers shall use one copy of each duplicate statement
24to report to the government accountability board, technical college district board, or
1board of canvassers of any other county and shall file the other statement in the office
2of the county clerk or board of election commissioners.
SB275-AA66,4,235
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 Southwest Wisconsin technical college district
10board, district attorney, and metropolitan sewerage commissioners, if the
11commissioners are elected under s. 200.09 (11) (am). The statement shall record the
12returns for each office or referendum by ward, unless combined returns are
13authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
14for each group of combined wards. Following primaries the county clerk shall enclose
15on forms prescribed by the government accountability board the names, party or
16principle designation, if any, and number of votes received by each candidate
17recorded in the same manner. The county clerk shall deliver or transmit the certified
18statement to the government accountability board no later than 9 days after each
19primary except the partisan primary, no later than 10 days after the partisan
20primary and any other election except the general election, and no later than 14 days
21after the general election. The board of canvassers shall deliver or transmit a
22certified copy of each statement for any technical college district referendum to the
23secretary of the technical college district board.
SB275-AA66,5,12
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;
Southwest
10Wisconsin 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-AA66,5,1814
7.70
(6) Southwest Wisconsin 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 Southwest Wisconsin district board.
SB275-AA66,5,2220
8.15
(6) (ds) For the office of member of the the Southwest Wisconsin technical
21college district board from any election district, not less than 200 nor more than 400
22electors.
SB275-AA66,6,424
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
25town, of any congressional, legislative, judicial, town sanitary, or school district,
or
1of the Southwest Wisconsin technical college district, or of any prosecutorial unit
2may petition for the recall of any incumbent elective official by filing a petition with
3the same official or agency with whom nomination papers or declarations of
4candidacy for the office are filed demanding the recall of the officeholder.
SB275-AA66,6,96
9.10
(2) (b) A recall petition for a city, village, town,
Southwest Wisconsin the
7Southwest Wisconsin technical college district, town sanitary district, or school
8district office shall contain a statement of a reason for the recall which is related to
9the official responsibilities of the official for whom removal is sought.
SB275-AA66,6,2411
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
12the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
13filing officer with whom the petition is filed. The petitioner shall append to the
14registration a statement indicating his or her intent to circulate a recall petition, the
15name of the officer for whom recall is sought and, in the case of a petition for the recall
16of a city, village, town,
Southwest Wisconsin technical college district, town sanitary
17district, or school district officer, a statement of a reason for the recall which is related
18to the official responsibilities of the official for whom removal is sought. No petitioner
19may circulate a petition for the recall of an officer prior to completing registration.
20The last date that a petition for the recall of an officer may be offered for filing is 5
21p.m. on the 60th day commencing after registration. After the recall petition has
22been offered for filing, no name may be added or removed. No signature may be
23counted unless the date of the signature is within the period provided in this
24paragraph.
SB275-AA66,7,5
19.10
(3) (a) This subsection applies to the recall of all elective officials other
2than city, village, town,
Southwest Wisconsin technical college district, town
3sanitary district, and school district officials. City, village, town,
Southwest
4Wisconsin technical college district, town sanitary district, and school district
5officials are recalled under sub. (4).
SB275-AA66,7,87
9.10
(4) (title)
City, village, town, town sanitary district, Southwest
8Wisconsin technical college district, and school district offices.
SB275-AA66,8,1310
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
11Southwest Wisconsin technical college district, town sanitary district, or school
12district official, is offered for filing, the officer against whom the petition is filed may
13file a written challenge with the
municipal clerk or board of election commissioners
14or school district clerk official or agency with whom it is filed, specifying any alleged
15insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
16challenge with the
clerk or board of election commissioners official or agency within
175 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
18petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
19after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
20filing a reply to a rebuttal, the
clerk or board of election commissioners official or
21agency shall file the certificate or an amended certificate. Within 31 days after the
22petition is offered for filing, the
clerk or board of election commissioners official or
23agency shall determine by careful examination of the face of the petition whether the
24petition is sufficient and shall so state in a certificate attached to the petition. If the
25petition is found to be insufficient, the certificate shall state the particulars creating
1the insufficiency. The petition may be amended to correct any insufficiency within
25 days following the affixing of the original certificate. Within 2 days after the
3offering of the amended petition for filing, the
clerk or board of election
4commissioners official or agency shall again carefully examine the face of the petition
5to determine sufficiency and shall attach to the petition a certificate stating the
6findings. Immediately upon finding an original or amended petition sufficient,
7except in cities over 500,000 population
and in technical college districts, the
8municipal clerk or school district clerk official shall transmit the petition to the
9governing body or to the school board. Immediately upon finding an original or
10amended petition sufficient, in cities over 500,000 population, the board of election
11commissioners shall file the petition in its office.
Immediately upon finding an
12original or amended petition sufficient, in the Southwest Wisconsin technical college
13districts, the government accountability board shall file the petition in its office.
SB275-AA66,8,2015
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
16body, school board,
or board of election commissioners
, or government accountability
17board shall call a recall election. The recall election shall be held on the Tuesday of
18the 6th week commencing after the date on which the certificate is filed, except that
19if Tuesday is a legal holiday the recall election shall be held on the first day after
20Tuesday which is not a legal holiday.
SB275-AA66,8,2522
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
23article XIII, section 12, of the constitution and to extend the same rights to electors
24of cities, villages, towns,
the Southwest Wisconsin technical college districts, town
25sanitary districts, and school districts.
SB275-AA66,9,32
11.26
(1) (c) Candidates for representative to the assembly
or member of the
3Southwest Wisconsin technical college district board, $500.
SB275-AA66,9,65
11.26
(2) (c) Candidates for representative to the assembly
or member of the
6Southwest Wisconsin technical college district board, $500.
SB275-AA66,9,118
11.31
(1) (f) Candidates for representative to the assembly
or member of the
9Southwest Wisconsin technical college district board, $17,250 total in the primary
10and election, with disbursements not exceeding $10,775 for either the primary or the
11election.
SB275-AA66, s. 22
12Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA66,9,1613
11.31
(1) (g) (intro.) In any jurisdiction or district, other than
the Southwest
14Wisconsin technical college district or a judicial district or circuit, with a population
15of 500,000 or more according to the most recent federal census covering the entire
16jurisdiction or district:
SB275-AA66,9,1918
17.01
(10m) By a member of the Southwest Wisconsin technical college district
19board, to the secretary of the district board.
SB275-AA66,9,2321
17.02
(2) Southwest Wisconsin technical college district board. Of the
22resignation of the Southwest Wisconsin member of a technical college district board,
23by the secretary of the district board to the government accountability board.
SB275-AA66,10,3
117.17
(2) Southwest Wisconsin technical college district board. In the
2office of member of a technical college district board, by the secretary of the district
3board to the government accountability board.
SB275-AA66, s. 26
4Section 26. 17.27 (3) of the statutes is repealed and recreated to read: