2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 325
September 11, 2015 - Offered by Representative Weatherston.
1An Act to repeal
17.26 (1m) (a);
17.26 (intro.), 17.26 (2) and 17.26 2
(4); to renumber and amend
17.26 (1) and 120.42 (1m) (b); to consolidate,
3renumber and amend
17.26 (1m) (intro.) and (b); to amend
17.26 (3), 120.06 4
(7) (b) and 120.42 (3); and to create
17.26 (1m) and 120.12 (28) of the statutes; 5relating to: filling certain vacancies on school boards of common, union high,
6and unified school districts, requiring a primary for the election of school board
7members to certain election districts, and requiring adoption of an
8apportionment plan after the decennial census.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
17.26 (intro.) of the statutes is renumbered 17.26 (1g) (intro.).
17.26 (1) of the statutes is renumbered 17.26 (1g) (a) and amended 11
Except as provided in sub. (1m), in
a common, union high,
unified school district, by appointment by the remaining members.
Each An 3
appointee under this paragraph or sub. (1m)
shall hold office until a successor is 4
elected and takes office under s. 120.06 (4) or 120.42 (2). When a vacancy occurs in 5
the office of a board member who is in the last year of his or her term, or when a 6
vacancy occurs after the spring election but on or before the last Tuesday in 7
November in the office of a board member who is not in the last year of his or her term, 8
the successor shall be elected at the next spring election. When a vacancy occurs 9
after the last Tuesday in November and on or before the date of the next spring 10
election in the office of a board member who is not in the last year of his or her term, 11
the successor shall be elected at the 2nd following spring election.
17.26 (1m) (intro.) and (b) of the statutes, as created by 2015 13
Wisconsin Act .... (this act), are consolidated, renumbered 17.26 (1m) and amended 14
If the remaining members of a school board do not appoint an 16
individual to fill a vacancy under sub. (1g) (a) within 60 days of the date on which the 17
vacancy first exists, all of the following apply: (b) Subject to par. (a),
the remaining 18
members of the school board shall fill the vacancy in accordance with the school 19
board's policy under s. 120.12 (28).
17.26 (1m) of the statutes is created to read:
If the remaining members of the school board of a common, union 22
high, or unified school district do not appoint an individual to fill a vacancy under 23
sub. (1g) (a) within 60 days of the date on which the vacancy first exists, all of the 24
(a) If the vacancy is in a unified school district that encompasses a city with a 2
population greater than 75,000 but less than 100,000 and that encompasses at least 3
2 villages, the school board president of the unified school district may appoint an 4
individual to fill the vacancy.
(b) Subject to par. (a), the remaining members of the school board may fill the 6
vacancy in accordance with the school board's policy under s. 120.12 (28).
17.26 (1m) (a) of the statutes, as created by 2015 Wisconsin Act .... 8
(this act), is repealed.
17.26 (2) of the statutes is renumbered 17.26 (1g) (b).
17.26 (3) of the statutes is amended to read:
Any person selected under sub. (1) (1g) (a) or (1m)
, upon being notified 12
of his or her selection, shall be deemed to have accepted the selection unless within 13
5 days after notification he or she files with the clerk or director a written refusal to 14
17.26 (4) of the statutes is renumbered 17.26 (1g) (c).
120.06 (7) (b) of the statutes is amended to read:
(b) The school board shall require a primary election if there are 18
more than 2 candidates for any seat on a 3-member board or more than twice as 19
many candidates as there are members to be elected to an unnumbered school board 20
of more than 3 members. In school districts in which a plan of apportionment of 21
school board members under s. 120.02 (2), an apportionment plan that apportions
22the territory of the school district into election districts under s. 120.42 (1m),
or a plan 23
for election of school board members to numbered seats has been adopted, the school 24
board shall require a primary election for particular apportioned areas for which 25
there are more than twice as many candidates as there are members to be elected and
for any numbered seat for which there are more than 2 candidates. When there is 2
a primary election it shall be held in conjunction with the spring primary.
120.12 (28) of the statutes is created to read:
120.12 (28) School board vacancies.
By July 1, 2016, adopt a policy on how 5
the school board will fill a vacancy on the school board if the remaining school board 6
members do not fill the vacancy under s. 17.26 (1g) (a) within 60 days of the date on 7
which the vacancy first exists.
(b) (intro.) Within The school board shall adopt a district
11apportionment plan that apportions the territory of the school district into election
12districts pursuant to the representation plan as follows:
60 days after establishing the representation plan under par. (a), and
14decennially thereafter within.
60 days after the population count by census block, established in the 16
decennial federal census of population, and maps showing the location and 17
numbering of census blocks become available in printed form from the federal 18
government or are published for distribution by an agency of this state, the school
19board shall adopt a district apportionment plan that apportions the territory of the
20school district into election districts pursuant to the representation plan and
120.42 (3) of the statutes is amended to read:
All vacancies shall be filled by appointment, in accordance with s. 24
17.26 (1) (1g) (a) or (1m)
This act takes effect on the day after publication, 2
except as follows:
(1) School board president; power to fill a vacancy.
The repeal of section 4
17.26 (1m) (a) of the statutes and the consolidation, renumbering, and amendment 5
of section 17.26 (1m) (intro.) and (b) of the statutes take effect on April 12, 2016.