2025 WISCONSIN ACT 43
An Act to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes; relating to: withdrawal of candidacy for certain offices filled at the general election and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
43,1Section 1. 8.35 (1m) of the statutes is created to read: 8.35 (1m) (a) A person who files nomination papers with the commission for an office other than district attorney to be filled at the general election does not qualify under sub. (1) to appear on the ballot at the partisan primary or general election, and the person’s name shall not appear on the ballot, if, no later than the 7th business day before the June 10 preceding the partisan primary or no later than the 7th business day before the 4th Tuesday in August preceding the general election, the person does all of the following:
1. Files with the commission the sworn statement and identity verification required under par. (b).
2. Pays a fee of $2,500 to the commission if the person is a candidate for governor, lieutenant governor, secretary of state, state treasurer, attorney general, U.S. senator, or, with respect to the general election, president and vice president of the United States.
3. Pays a fee of $500 to the commission if the person is a candidate for U.S. representative in Congress.
4. Pays a fee of $250 to the commission if the person is a candidate for state senate or representative to the assembly.
(b) 1. Each person withdrawing his or her candidacy under par. (a) shall complete and file with the commission a sworn statement, which shall be notarized and made under oath, on a form prescribed by the commission attesting that the person withdraws his or her candidacy and that verifies the person’s identity, as provided in this paragraph. The form shall include a space for the candidate to state his or her reasons for withdrawing from candidacy, the date of completion of the form, the candidate’s printed name, the candidate’s signature, and the signature of the witness under subd. 2.
2. The candidate’s completion of the form required under subd. 1. shall be personally witnessed by a county clerk, county sheriff, or municipal chief of police in this state, who shall verify the candidate’s identity by means of an operator’s license issued under ch. 343, an identification card issued under s. 343.50, an identification card issued by a U.S. uniformed service, or a U.S. passport, except that the identity of a candidate for president or vice president who is not a resident of this state may be verified by means of a driver’s license or identification card issued by the candidate’s state of residence in lieu of such license or identification issued by this state. A copy of the candidate’s license, identification, or passport shall be submitted to the commission with the form required under subd. 1.
(c) A candidate’s withdrawal of his or her candidacy prior to the partisan primary or general election shall not alter the ballot order of the remaining candidates if upon the candidate’s compliance with pars. (a) and (b) the commission has already determined the ballot arrangement for the partisan primary or general election.
(d) No later than the 5th business day before the June 10 preceding the partisan primary or before the 4th Tuesday in August preceding the general election, the commission shall notify the county clerk in each affected county of any person who has withdrawn his or her candidacy by complying with pars. (a) and (b).
(e) A presidential candidate’s withdrawal of his or her candidacy under pars. (a) and (b) constitutes a withdrawal of that candidate’s joint ticket for president and vice president of the United States.
43,2Section 2. 12.13 (3) (ag) of the statutes is created to read: 12.13 (3) (ag) Intentionally make or file a false statement withdrawing a person’s candidacy under s. 8.35 (1m) (b).
43,3Section 3. 12.60 (1) (am) of the statutes is created to read: 12.60 (1) (am) Whoever violates s. 12.13 (3) (ag) is guilty of a Class G felony.
