SB334: Bill Text

LRB-3030/1

JTK:cjs:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 334

December 9, 2011 - Introduced by Senators Grothman and Lasee, cosponsored by Representatives Stroebel and Thiesfeldt. Referred to Committee on Transportation and Elections.

SB334,1,3 An Act to amend 8.10 (3) (intro.), 8.15 (4) (a), 8.20 (3) and 8.40 (2) of the statutes; relating to: verification of the identity of nomination paper and petition circulators.

Analysis by the Legislative Reference Bureau

Currently, each nomination paper or petition for an election must contain the dated certification of a qualified circulator, as defined by law, at the bottom of each separate sheet, stating his or her residence and affirming that he or she personally circulated the paper or petition and obtained each of the signatures, that the circulator knows that the signers are electors of the jurisdiction or district in which the paper or the petition is circulated, that the circulator knows that the signers signed the paper or petition with full knowledge of its content, that the circulator knows their residences given, that the circulator knows they signed on the dates opposite their names, that the circulator is qualified to circulate the petition, and that the circulator knows that falsifying the certification is punishable as a felony.

This bill provides, in addition, that the circulator's statement must be in the form of an affidavit acknowledged by an officer who is authorized to administer oaths affirming the circulator's identity and stating that the circulator appeared before the officer and executed the statement in the officer's presence.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB334, s. 1 Section 1. 8.10 (3) (intro.) of the statutes is amended to read:

SB334,2,4 8.10 (3) (intro.) The certification affidavit of a qualified circulator under s. 8.15 (4) (a) shall be appended to each nomination paper. The number of required signatures on nomination papers filed under this section is as follows:

SB334, s. 2 Section 2. 8.15 (4) (a) of the statutes is amended to read:

SB334,2,23 8.15 (4) (a) The certification affidavit of a qualified circulator stating certifying his or her residence with street and number, if any, shall appear at the bottom of each nomination paper, stating certifying that he or she personally circulated the nomination paper and personally obtained each of the signatures; he or she knows they are electors of the ward, aldermanic district, municipality or county, as the nomination papers require; he or she knows they signed the paper with full knowledge of its content; he or she knows their respective residences given; he or she knows each signer signed on the date stated opposite his or her name; and, that he or she, the circulator, is a qualified elector of this state, or if not a qualified elector of this state, is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03, Wis. stats.; that he or she intends to support the candidate; and that he or she is aware that falsifying the certification affidavit is punishable under s. 12.13 (3) (a), Wis. stats. The circulator shall indicate the date that he or she makes the certification next to his or her signature. The affidavit shall be acknowledged by an officer who is authorized to administer oaths affirming the circulator's identity and stating that the circulator appeared before the officer and executed the affidavit in the officer's presence. The certification affidavit may be made by the candidate or any qualified circulator.

SB334, s. 3 Section 3. 8.20 (3) of the statutes is amended to read:

SB334,3,2 8.20 (3) The certification affidavit of a qualified circulator under s. 8.15 (4) (a) shall be appended to each nomination paper.

SB334, s. 4 Section 4. 8.40 (2) of the statutes is amended to read:

SB334,3,20 8.40 (2) The certification affidavit of a qualified circulator stating certifying his or her residence with street and number, if any, shall appear at the bottom of each separate sheet of each petition specified in sub. (1), stating that he or she certifying that the circulator personally circulated the petition and personally obtained each of the signatures; that the circulator knows that they are electors of the jurisdiction or district in which the petition is circulated; that the circulator knows that they signed the paper with full knowledge of its content; that the circulator knows their respective residences given; that the circulator knows that each signer signed on the date stated opposite his or her name; that the circulator is a qualified elector of this state, or if not a qualified elector of this state, that the circulator is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03, Wis. stats.; and that the circulator is aware that falsifying the certification affidavit is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature. The affidavit shall be acknowledged before an officer who is authorized to administer oaths affirming the circulator's identity and stating that the circulator appeared before the officer and executed the affidavit in the officer's presence.

SB334, s. 5 Section 5. Initial applicability.

SB334,3,23 (1) This act first applies with respect to nomination papers and petitions for which the circulation period begins on or after the effective date of this subsection.

SB334,3,24 (End)