AB161-ASA1,22,22 226.865 (title) Federal absentee ballot requests ballots.
AB161-ASA1, s. 45 23Section 45. 6.865 (3) of the statutes is repealed.
AB161-ASA1, s. 46 24Section 46. 6.865 (3m) (a) of the statutes is repealed.
AB161-ASA1, s. 47
1Section 47. 6.865 (3m) (b) of the statutes is renumbered 6.865 (3m) and
2amended to read:
AB161-ASA1,23,83 6.865 (3m) A military elector may indicate an alternate address on his or her
4absentee ballot application. If the elector's ballot is returned as undeliverable prior
5to the deadline for receipt and return of absentee ballots under sub. (3) s. 6.87 (6) and
6the elector remains eligible to receive absentee ballots under this subsection, the
7municipal clerk shall immediately send or transmit an absentee ballot to the elector
8at the alternate address.
AB161-ASA1, s. 48 9Section 48. 6.865 (3m) (c) of the statutes is repealed.
AB161-ASA1, s. 49 10Section 49. 6.869 of the statutes, as affected by 2011 Wisconsin Act 23, is
11amended to read:
AB161-ASA1,23,22 126.869 Uniform instructions. The board shall prescribe uniform instructions
13for municipalities to provide to absentee electors. The instructions shall include the
14specific means of electronic communication that an absentee elector may use to file
15an application for an absentee ballot and, if the absentee elector is required to
16register, to request a registration form or change his or her registration.
The
17instructions shall include information concerning whether proof of identification is
18required to be presented or enclosed under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. The
19instructions shall also include information concerning the procedure for correcting
20errors in marking a ballot and obtaining a replacement for a spoiled ballot. The
21procedure shall, to the extent possible, respect the privacy of each elector and
22preserve the confidentiality of each elector's vote.
AB161-ASA1, s. 50 23Section 50. 6.87 (3) (d) of the statutes, as affected by 2011 Wisconsin Act 23,
24is amended to read:
AB161-ASA1,24,21
16.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by an absent
2elector
a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
3in s. 6.34 (1) (b),
of a facsimile transmission number or electronic mail address where
4the elector can receive an absentee ballot, transmit a facsimile or electronic copy of
5the absent elector's ballot to that elector in lieu of mailing under this subsection. An
6elector may receive an absentee ballot only if the elector is a military elector or an
7overseas elector under s. 6.34 (1) and
has filed a valid application for the ballot under
8as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to an absentee a
9military or overseas
elector electronically, the clerk shall also transmit a facsimile
10or electronic copy of the text of the material that appears on the certificate envelope
11prescribed in sub. (2), together with instructions prescribed by the board. The
12instructions shall require the absent military or overseas elector to make and
13subscribe to the certification as required under sub. (4) (b) and to enclose the
14absentee ballot in a separate envelope contained within a larger envelope, that shall
15include the completed certificate. The elector shall then affix sufficient postage
16unless the absentee ballot qualifies for mailing free of postage under federal free
17postage laws and shall mail the absentee ballot to the municipal clerk. Except as
18authorized in s. 6.97 (2), an absentee ballot received from an a military or overseas
19elector who receives the ballot electronically shall not be counted unless it is cast in
20the manner prescribed in this paragraph and in accordance with the instructions
21provided by the board.
AB161-ASA1, s. 51 22Section 51. 6.87 (6) of the statutes, as affected by 2011 Wisconsin Act 23, is
23amended to read:
AB161-ASA1,25,524 6.87 (6) Except as provided in s. 6.221 7.515 (3), the ballot shall be returned
25so it is received by the municipal clerk no later than 8 p.m. on election day. Except

1in municipalities where absentee ballots are canvassed under s. 7.52, if the
2municipal clerk receives an absentee ballot on election day, the clerk shall secure the
3ballot and cause the ballot to be delivered to the polling place serving the elector's
4residence before the closing hour. Except as provided in s. 6.221 7.515 (3), any ballot
5not mailed or delivered as provided in this subsection may not be counted.
AB161-ASA1, s. 52 6Section 52. 6.875 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
7amended to read:
AB161-ASA1,26,38 6.875 (3) An occupant of a nursing home or qualified retirement home,
9qualified community-based residential facility, qualified residential care apartment
10complex, or qualified adult family who who qualifies as an absent elector and desires
11to receive an absentee ballot shall make application under s. 6.86 (1), (2), or (2m) with
12the municipal clerk or board of election commissioners of the municipality in which
13the elector is a resident. The clerk or board of election commissioners of a
14municipality receiving an application from an elector who is an occupant of a nursing
15home or qualified retirement home, qualified community-based residential facility,
16qualified residential car apartment complex, or qualified adult family home located
17in a different municipality shall, as soon as possible, notify and transmit send an
18absentee ballot for the elector to the clerk or board of election commissioners of the
19municipality in which the home, facility, or complex is located. The clerk or board
20of election commissioners of a municipality receiving an application from an elector
21who is an occupant of a nursing home or qualified retirement home, qualified
22community-based residential facility, qualified residential care apartment complex,
23or qualified adult family home located in the municipality but who is a resident of
24a different municipality shall, as soon as possible, notify and request transmission
25of
an absentee ballot from the clerk or board of election commissioners of the

1municipality in which the elector is a resident. The clerk or board of election
2commissioners shall make a record of all absentee ballots to be transmitted sent,
3delivered, and voted under this section.
AB161-ASA1, s. 53 4Section 53. 6.88 (1) of the statutes is amended to read:
AB161-ASA1,26,195 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
6or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
7unopened, in a carrier envelope which shall be securely sealed and endorsed with the
8name and official title of the clerk, and the words "This envelope contains the ballot
9of an absent elector and must be opened in the same room where votes are being cast
10at the polls during polling hours on election day or, in municipalities where absentee
11ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
12absentee ballot canvassers under s. 7.52, stats.". If the elector is a military elector,
13as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), and the

14ballot was received by the elector by facsimile transmission or electronic mail and is
15accompanied by a separate certificate, the clerk shall enclose the ballot in a
16certificate envelope and securely append the completed certificate to the outside of
17the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
18the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
19required in sub. (2).
AB161-ASA1, s. 54 20Section 54. 6.88 (3) (b) of the statutes is amended to read:
AB161-ASA1,27,1121 6.88 (3) (b) When the inspectors find that a certification is insufficient, that the
22applicant is not a qualified elector in the ward or election district, that the ballot
23envelope is open or has been opened and resealed, that the ballot envelope contains
24more than one ballot of any one kind or, except in municipalities where absentee
25ballots are canvassed under s. 7.52, that the certificate of an a military or overseas

1elector who received an absentee ballot by facsimile transmission or electronic mail
2is missing, or if proof is submitted to the inspectors that an elector voting an absentee
3ballot has since died, the inspectors shall not count the ballot. The inspectors shall
4endorse every ballot not counted on the back, "rejected (giving the reason)". The
5inspectors shall reinsert each rejected ballot into the certificate envelope in which
6it was delivered and enclose the certificate envelopes and ballots, and securely seal
7the ballots and envelopes in an envelope marked for rejected absentee ballots. The
8inspectors shall endorse the envelope, "rejected ballots" with a statement of the ward
9or election district and date of the election, signed by the chief inspector and one of
10the inspectors representing each of the 2 major political parties and returned to the
11municipal clerk in the same manner as official ballots voted at the election.
AB161-ASA1, s. 55 12Section 55. 7.08 (2) (b) of the statutes is amended to read:
AB161-ASA1,27,1713 7.08 (2) (b) The certified list of candidates for president and vice president
14nominated at a national convention by a party entitled to a September partisan
15primary ballot or for whom electors have been nominated under s. 8.20 shall be sent
16as soon as possible after the closing date for filing nomination papers, but no later
17than the deadlines established in s. 10.06.
AB161-ASA1, s. 56 18Section 56. 7.08 (2) (c) of the statutes is amended to read:
AB161-ASA1,28,219 7.08 (2) (c) As soon as possible after the canvass of the spring and September
20partisan primary votes, but no later than the first Tuesday in March and the 4th
21Tuesday in September August, transmit to the state treasurer a certified list of all
22eligible candidates for state office who have filed applications under s. 11.50 (2) and
23whom the board determines to be eligible to receive payments from the Wisconsin
24election campaign fund. The list shall contain each candidate's name, the mailing

1address indicated upon the candidate's registration form, the office for which the
2individual is a candidate and the party or principle which he or she represents, if any.
AB161-ASA1, s. 57 3Section 57. 7.10 (3) (a) of the statutes is amended to read:
AB161-ASA1,28,114 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks
5no later than 31 48 days before each September partisan primary and general
6election and no later than 22 days before each other primary and election. Election
7forms prepared by the board shall be distributed at the same time. If the board
8transmits an amended certification under s. 7.08 (2) (a) or if the board or a court
9orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been
10distributed, the county clerk shall distribute corrected ballots to the municipal clerks
11as soon as possible.
AB161-ASA1, s. 58 12Section 58. 7.15 (1) (cm) of the statutes, as affected by 2011 Wisconsin Act 23,
13is amended to read:
AB161-ASA1,28,2214 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
15them, and send or transmit an official absentee ballot to each elector who has
16requested a ballot by mail, and to each military elector, as defined in s. 6.34 (1) (a),
17and overseas elector, as defined in s. 6.34 (1) (b), who has requested a ballot by mail,

18electronic mail, or facsimile transmission no later than the 30th 47th day before each
19September partisan primary and general election and no later than the 21st day
20before each other primary and election if the request is made before that day;
21otherwise, the municipal clerk shall send or transmit an official absentee ballot
22within one day of the time the elector's request for such a ballot is received.
AB161-ASA1, s. 59 23Section 59. 7.15 (1) (cs) of the statutes is repealed.
AB161-ASA1, s. 60 24Section 60. 7.15 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 23,
25is amended to read:
AB161-ASA1,29,5
17.15 (1) (j) Send or transmit an absentee ballot automatically to each person
2elector and send or transmit an absentee ballot to each military elector, as defined
3in s. 6.34 (1) (a), and each overseas elector, as defined in s. 6.34 (1) (b),
making an
4authorized request therefor in accordance with s. 6.22 (4), 6.24 (4) (c), or 6.86 (2) or
5(2m).
AB161-ASA1, s. 61 6Section 61. 7.51 (5) (b) of the statutes is amended to read:
AB161-ASA1,29,187 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally
8sheets, lists, and envelopes relating to a school district election to the school district
9clerk by 4 p.m. on the day following each such election. The municipal clerk shall
10deliver the ballots, statements, tally sheets, lists, and envelopes for his or her
11municipality relating to any county, technical college district, state, or national
12election to the county clerk no later than 4 p.m. on the day following each such
13election or, in municipalities where absentee ballots are canvassed under s. 7.52, by
144 p.m. on the 2nd day following each such election, and no later than 4 p.m. on the
15day after receiving any corrected returns under s. 6.221 7.515 (6) (b). The person
16delivering the returns shall be paid out of the municipal treasury. Each clerk shall
17retain ballots, statements, tally sheets, or envelopes received by the clerk until
18destruction is authorized under s. 7.23 (1).
AB161-ASA1, s. 62 19Section 62. 7.52 (3) (b) of the statutes is amended to read:
AB161-ASA1,30,1220 7.52 (3) (b) When the board of absentee ballot canvassers finds that a
21certification is insufficient, that the applicant is not a qualified elector in the ward
22or election district, that the ballot envelope is open or has been opened and resealed,
23that the ballot envelope contains more than one ballot of any one kind, or that the
24certificate of an a military or overseas elector who received an absentee ballot by
25facsimile transmission or electronic mail is missing, or if proof is submitted to the

1board of absentee ballot canvassers that an elector voting an absentee ballot has
2since died, the board of absentee ballot canvassers shall not count the ballot. Each
3member of the board of absentee ballot canvassers shall endorse every ballot not
4counted on the back as "rejected (giving the reason)." The board of absentee ballot
5canvassers shall reinsert each rejected ballot into the certificate envelope in which
6it was delivered and enclose the certificate envelopes and ballots, and securely seal
7the ballots and envelopes in an envelope marked for rejected absentee ballots. The
8board of absentee ballot canvassers shall endorse the envelope as "rejected ballots,"
9with a statement of the ward or election district and date of the election, and each
10member of the board of absentee ballot canvassers shall sign the statement. The
11board of absentee ballot canvassers shall then return the envelope containing the
12ballots to the municipal clerk.
AB161-ASA1, s. 63 13Section 63. 7.60 (5) (a) of the statutes is amended to read:
AB161-ASA1,31,714 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
15or send to the government accountability board, by 1st class mail, a certified copy of
16each statement of the county board of canvassers for president and vice president,
17state officials, senators and representatives in congress, state legislators, justice,
18court of appeals judge, circuit judge, district attorney, and metropolitan sewerage
19commissioners, if the commissioners are elected under s. 200.09 (11) (am). The
20statement shall record the returns for each office or referendum by ward, unless
21combined returns are authorized under s. 5.15 (6) (b) in which case the statement
22shall record the returns for each group of combined wards. Following primaries the
23county clerk shall enclose on forms prescribed by the government accountability
24board the names, party or principle designation, if any, and number of votes received
25by each candidate recorded in the same manner. The county clerk shall deliver or

1transmit the certified statement to the government accountability board no later
2than 7 days after each primary except the September partisan primary, no later than
310 days after the September partisan primary and any other election except the
4general election, and no later than 14 days after the general election. The board of
5canvassers shall deliver or transmit a certified copy of each statement for any
6technical college district referendum to the secretary of the technical college district
7board.
AB161-ASA1, s. 64 8Section 64. 7.70 (3) (a) of the statutes is amended to read:
AB161-ASA1,31,159 7.70 (3) (a) The chairperson of the board or a designee of the chairperson
10appointed by the chairperson to canvass a specific election shall publicly canvass the
11returns and make his or her certifications and determinations on or before the 2nd
12Tuesday following a spring primary, the 15th day of May following a spring election,
13the 3rd Wednesday following a September partisan primary, the first day of
14December following a general election, the 2nd Thursday following a special primary,
15or within 18 days after any special election.
AB161-ASA1, s. 65 16Section 65. 7.70 (3) (e) 1. of the statutes is amended to read:
AB161-ASA1,31,2217 7.70 (3) (e) 1. After each September partisan primary, the name of each
18candidate not defeated in the primary who receives at least 6% of the total vote cast
19for all candidates on all ballots at the primary for each separate state office except
20district attorney, and the percentage of the total vote received by that candidate.
21Such percentage shall be calculated within each district in the case of legislative
22candidates.
AB161-ASA1, s. 66 23Section 66. 8.10 (1) of the statutes is amended to read:
AB161-ASA1,32,324 8.10 (1) Candidates for office to be filled at the spring election shall be
25nominated by nomination papers, or by nomination papers and selection at the

1primary if a primary is held, except as provided for towns and villages under s. 8.05.
2Unless designated in this section or s. 8.05, the general provisions pertaining to
3nomination at the September partisan primary apply.
AB161-ASA1, s. 67 4Section 67. 8.15 (title) of the statutes is amended to read:
AB161-ASA1,32,5 58.15 (title) Nominations for September partisan primary.
AB161-ASA1, s. 68 6Section 68. 8.15 (1) of the statutes is amended to read:
AB161-ASA1,32,237 8.15 (1) Nomination papers may be circulated no sooner than June 1 April 15
8preceding the general election and may be filed no later than 5 p.m. on the 2nd
9Tuesday of July
June 1 preceding the September partisan primary, except as
10authorized in this subsection. If an incumbent fails to file nomination papers and
11a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July June 1 preceding the
12September partisan primary, all candidates for the office held by the incumbent,
13other than the incumbent, may file nomination papers no later than 72 hours after
14the latest time prescribed in this subsection. No extension of the time for filing
15nomination papers applies if the incumbent files written notification with the filing
16officer or agency with whom nomination papers are filed for the office which the
17incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time
18prescribed in this subsection for filing nomination papers, that the incumbent is not
19a candidate for reelection to his or her office, and the incumbent does not file
20nomination papers for that office within the time prescribed in this subsection. Only
21those candidates for whom nomination papers containing the necessary signatures
22acquired within the allotted time and filed before the deadline may have their names
23appear on the official September partisan primary ballot.
AB161-ASA1, s. 69 24Section 69. 8.16 (1) of the statutes is amended to read:
AB161-ASA1,33,7
18.16 (1) Except as provided in sub. (2), the person who receives the greatest
2number of votes for an office on a party ballot at any partisan primary, regardless of
3whether the person's name appears on the ballot, shall be the party's candidate for
4the office, and the person's name shall so appear on the official ballot at the next
5election. All independent candidates shall appear on the general election ballot
6regardless of the number of votes received by such candidates at the September
7partisan primary.
AB161-ASA1, s. 70 8Section 70. 8.16 (7) of the statutes is amended to read:
AB161-ASA1,33,159 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each
10party entitled to a September partisan primary ballot shall be the party's candidates
11for president, vice president and presidential electors. The state or national
12chairperson of each such party shall certify the names of the party's nominees for
13president and vice president to the board no later than 5 p.m. on the first Tuesday
14in September preceding a presidential election. Each name shall be in one of the
15formats authorized in s. 7.08 (2) (a).
AB161-ASA1, s. 71 16Section 71. 8.17 (1) (b) of the statutes is amended to read:
AB161-ASA1,34,417 8.17 (1) (b) Each political party shall elect one committeeman or
18committeewoman from each election district. In this section, each village, each town
19and each city is an "election district"; except that in cities having a population of more
20than 7,500 which are divided into aldermanic districts, each aldermanic district is
21an "election district"; and in cities having a population of more than 7,500 which are
22not divided into aldermanic districts and villages or towns having a population of
23more than 7,500, each ward or group of combined wards under s. 5.15 (6) (b)
24constituting a polling place on June May 1 of the year in which committeemen or
25committeewomen are elected is an "election district". To be eligible to serve as its

1committeeman or committeewoman, an individual shall be, at the time of filing
2nomination papers or at the time of appointment under this section, a resident of the
3election district which he or she is chosen to represent and shall be at least 18 years
4of age.
AB161-ASA1, s. 72 5Section 72. 8.17 (4) of the statutes is amended to read:
AB161-ASA1,34,86 8.17 (4) The term of office of each committeeman or committeewoman shall end
7on the date of the meeting held under sub. (5) (b) following each September partisan
8primary.
AB161-ASA1, s. 73 9Section 73. 8.17 (5) (b) of the statutes is amended to read:
AB161-ASA1,34,2510 8.17 (5) (b) A combined meeting of the county committee and members in good
11standing of the party in the county shall be held no sooner than 15 days after the
12September partisan primary and no later than April 1 of the following year. At this
13meeting, the party committeemen or committeewomen and the county committee
14offices of chairperson, vice chairperson, secretary and treasurer shall be filled by
15election by the incumbent committeemen, committeewomen and other party
16members present and voting, each of whom is entitled to one vote. At this meeting,
17the county committee shall elect the members of the congressional district committee
18as provided in sub. (6) (b), (c) and (d). The secretary of the county committee shall
19give at least 7 days' written notice of the meeting to party and committee members.
20Individuals elected as county committee officers or as congressional district
21committee members may be, but are not required to be, committeemen or
22committeewomen. They are required to be party members in good standing. The
23terms of committeemen and committeewomen, county committee officers and
24congressional district committee members begin during the meeting immediately
25upon completion and verification of the voting for each office.
AB161-ASA1, s. 74
1Section 74. 8.19 (3) of the statutes is amended to read:
AB161-ASA1,35,82 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on
3the September partisan primary and general election ballots has exclusive right to
4the use of the name designating it at any election involving political parties. The
5board shall not certify nor the county clerk print the name of any person whose
6nomination papers indicate a party name comprising a combination of existing party
7names, qualifying words, phrases, prefixes or suffixes in connection with any
8existing party name.
AB161-ASA1, s. 75 9Section 75. 8.20 (8) (a) of the statutes is amended to read:
AB161-ASA1,35,2510 8.20 (8) (a) Nomination papers for independent candidates for any office to be
11voted upon at a general election or September partisan primary and general election,
12except president, vice president and presidential elector, may be circulated no sooner
13than June 1 April 15 preceding the election and may be filed no later than 5 p.m. on
14the 2nd Tuesday of July June 1 preceding the September partisan primary, except
15as authorized in this paragraph. If an incumbent fails to file nomination papers and
16a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July June 1 preceding the
17September partisan primary, all candidates for the office held by the incumbent,
18other than the incumbent, may file nomination papers no later than 72 hours after
19the latest time prescribed in this paragraph. No extension of the time for filing
20nomination papers applies if the incumbent files written notification with the filing
21officer or agency with whom nomination papers are filed for the office which the
22incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time
23prescribed in this paragraph for filing nomination papers, that the incumbent is not
24a candidate for reelection to his or her office, and the incumbent does not file
25nomination papers for that office within the time prescribed in this paragraph.
AB161-ASA1, s. 76
1Section 76. 8.20 (8) (am) of the statutes is amended to read:
AB161-ASA1,36,52 8.20 (8) (am) Nomination papers for independent candidates for president and
3vice president, and the presidential electors designated to represent them, may be
4circulated no sooner than August July 1 and may be filed not later than 5 p.m. on the
5first Tuesday in September August preceding a presidential election.
AB161-ASA1, s. 77 6Section 77. 8.20 (9) of the statutes is amended to read:
AB161-ASA1,36,167 8.20 (9) Persons nominated by nomination papers without a recognized
8political party designation shall be placed on the official ballot at the general election
9and at any partisan election to the right or below the recognized political party
10candidates in their own column or row designated "Independent". At the September
11partisan primary, persons nominated for state office by nomination papers without
12a recognized political party designation shall be placed on a separate ballot or, if a
13consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting
14machines are used, in a column or row designated "Independent". If the candidate's
15name already appears under a recognized political party it may not be listed on the
16independent ballot, column or row.
AB161-ASA1, s. 78 17Section 78. 8.37 of the statutes is amended to read:
AB161-ASA1,37,2 188.37 Filing of referenda petitions or questions. Unless otherwise required
19by law, all proposed constitutional amendments and any other measure or question
20that is to be submitted to a vote of the people, or any petitions requesting that a
21measure or question be submitted to a vote of the people, if applicable, shall be filed
22with the official or agency responsible for preparing the ballots for the election no
23later than 42 70 days prior to the election at which the amendment, measure or
24question will appear on the ballot. No later than the end of the next business day
25after a proposed measure is filed with a school district clerk under this section, the

1clerk shall file a copy of the measure or question with the clerk of each county having
2territory within the school district.
AB161-ASA1, s. 79 3Section 79. 8.50 (intro.) of the statutes is amended to read:
AB161-ASA1,37,18 48.50 Special elections. (intro.) Unless otherwise provided, this section
5applies to filling vacancies in the U.S. senate and house of representatives, executive
6state offices except the offices of governor, lieutenant governor, and district attorney,
7judicial and legislative state offices, county, city, village, and town offices, and the
8offices of municipal judge and member of the board of school directors in school
9districts organized under ch. 119. State legislative offices may be filled in
10anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No
11special election may be held after February 1 preceding the spring election unless it
12is held on the same day as the spring election, nor after September August 1
13preceding the general election unless it is held on the same day as the general
14election, until the day after that election. If the special election is held on the day
15of the general election, the primary for the special election, if any, shall be held on
16the day of the September partisan primary. If the special election is held on the day
17of the spring election, the primary for the special election, if any, shall be held on the
18day of the spring primary.
AB161-ASA1, s. 80 19Section 80. 8.50 (1) (d) of the statutes is amended to read:
AB161-ASA1,38,1120 8.50 (1) (d) When the election concerns a national or state office office or a
21special election for state office is held concurrently with the general election, the
22board shall transmit to each county clerk a certified list of all persons for whom
23nomination papers have been filed in its office at least 62 days before the special
24primary, and in other cases
the board shall transmit the list to each county clerk at
25least 22 days before the special primary, a certified list of all persons for whom

1nomination papers have been filed in its office
. If no primary is required, the list shall
2be transmitted at least 42 days prior to the day of the special election unless the
3special election concerns a national office or is held concurrently with the general
4election, in which case the list shall be transmitted at least 62 days prior to the day
5of the special election
. Immediately upon receipt of the certified list, the county clerk
6shall prepare his or her ballots. For a county special election, the county clerk shall
7certify the candidates and prepare the ballots. If there is a primary, the county clerk
8shall publish one type B notice in a newspaper under ch. 10. When a primary is held,
9as soon as possible after the primary, the county clerk shall certify the candidates and
10prepare the ballots for the following special election. The clerk shall publish one type
11B notice in a newspaper under ch. 10 for the election.
AB161-ASA1, s. 81 12Section 81. 8.50 (2) of the statutes is amended to read:
AB161-ASA1,38,2313 8.50 (2) Date of special election. (a) The date for the special election shall
14be not less than 62 nor more than 77 days from the date of the order except when the
15special election is held to fill a vacancy in a national office or the special election is
16held on the day of the general election or spring election. If a special election is held
17concurrently with the spring or general election, the special election may be ordered
18not earlier than 92 days prior to the spring primary or September primary,
19respectively,
and not later than 49 days prior to that primary. If a special election
20is held concurrently with the general election or a special election is held to fill a
21national office, the special election may be ordered not earlier than 122 days prior
22to the partisan primary or special primary, respectively, and not later than 92 days
23prior to that primary.
AB161-ASA1,39,624 (b) If a primary is required, the primary shall be on the day 4 weeks before the
25day of the special election except when the special election is held on the same day

1as the general election the special primary shall be held on the same day as the
2September partisan primary or if the special election is held concurrently with the
3spring election, the primary shall be held concurrently with the spring primary, and
4except when the special election is held on the Tuesday after the first Monday in
5November of an odd-numbered year, the primary shall be held on the 2nd Tuesday
6of September August in that year.
AB161-ASA1, s. 82 7Section 82. 8.50 (3) (a) of the statutes is amended to read:
AB161-ASA1,39,238 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the
9order for the special election is filed and shall be filed not later than 5 p.m. 28 days
10before the day that the special primary will or would be held, if required, except when
11a special election is held concurrently with the spring election or general election, the
12deadline for filing nomination papers shall be specified in the order and the date shall
13be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
14later than 35 days prior to the date of the spring primary or September no later than
15June 1 preceding the partisan
primary. Nomination papers may be filed in the
16manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of
17candidacy in the manner provided in s. 8.21 no later than the latest time provided
18in the order for filing nomination papers. If a candidate for state or local office has
19not filed a registration statement under s. 11.05 at the time he or she files nomination
20papers, the candidate shall file the statement with the papers. A candidate for state
21office shall also file a statement of economic interests with the board no later than
22the end of the 3rd day following the last day for filing nomination papers specified
23in the order.
AB161-ASA1, s. 83 24Section 83. 8.50 (3) (b) of the statutes is amended to read:
AB161-ASA1,40,13
18.50 (3) (b) Except as otherwise provided in this section, the provisions for
2September primaries the partisan primary under s. 8.15 are applicable to all
3partisan primaries held under this section, and the provisions for spring primaries
4under s. 8.10 are applicable to all nonpartisan primaries held under this section. In
5a special partisan primary or election, the order of the parties on the ballot shall be
6the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for
7state office at a special partisan election shall not appear on the primary ballot. No
8primary is required for a nonpartisan election in which not more than 2 candidates
9for an office appear on the ballot or for a partisan election in which not more than one
10candidate for an office appears on the ballot of each recognized political party. In
11every special election except a special election for nonpartisan state office where no
12candidate is certified to appear on the ballot, a space for write-in votes shall be
13provided on the ballot, regardless of whether a special primary is held.
AB161-ASA1, s. 84 14Section 84. 8.50 (3) (c) of the statutes is amended to read:
AB161-ASA1,40,2115 8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), whenever a
16special partisan primary is held concurrently with the presidential preference
17primary, an elector may choose the party column or ballot in which the elector will
18cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special
19partisan primaries or one or more special partisan primaries and a September
20partisan primary are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91
21(6) and 6.80 (2) (f) applies.
AB161-ASA1, s. 85 22Section 85. 8.50 (4) (b) of the statutes is amended to read:
AB161-ASA1,41,323 8.50 (4) (b) A vacancy in the office of U.S. senator or representative in congress
24occurring prior to the 2nd Tuesday in May April in the year of the general election
25shall be filled at a special primary and election. A vacancy in that office occurring

1between the 2nd Tuesday in May April and the 2nd Tuesday in July May in the year
2of the general election shall be filled at the September partisan primary and general
3election.
AB161-ASA1, s. 86 4Section 86. 8.50 (4) (fm) of the statutes is amended to read:
AB161-ASA1,41,175 8.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled
6by temporary appointment of the municipal governing body, or, if the judge is elected
7under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
8judge. The office shall then be permanently filled by special election, which shall be
9held concurrently with the next spring election following the occurrence of the
10vacancy, except that a vacancy occurring during the period after December 1 and on
11or before the date of the spring election shall be filled at the 2nd succeeding spring
12election, and except that the governing body of a city or village or, if the judge is
13elected under s. 755.01 (4), the governing bodies of the participating cities or villages
14may, if the vacancy occurs before June May 1 in the year preceding expiration of the
15term of office, order a special election to be held on the Tuesday after the first Monday
16in November following the date of the order. A person so elected shall serve for the
17residue of the unexpired term.
AB161-ASA1, s. 87 18Section 87. 9.01 (1) (a) 1. of the statutes is amended to read:
AB161-ASA1,42,1019 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted
20upon any referendum question at any election may petition for a recount. The
21petitioner shall file a verified petition or petitions with the proper clerk or body under
22par. (ar) not earlier than the time of completion of the canvass and not later than 5
23p.m. on the 3rd business day following the last meeting day of the municipal or
24county board of canvassers determining the election for that office or on that
25referendum question prior to issuance of any amended return under s. 6.221 7.515

1(6) (b) or, if more than one board of canvassers makes the determination, not later
2than 5 p.m. on the 3rd business day following the last meeting day of the last board
3of canvassers which makes a determination prior to issuance of any amended return
4under s. 6.221 7.515 (6) (b). If the chairperson of the board or chairperson's designee
5makes the determination for the office or the referendum question, the petitioner
6shall file the petition not earlier than the last meeting day of the last county board
7of canvassers to make a statement in the election or referendum and not later than
85 p.m. on the 3rd business day following the day on which the government
9accountability board receives the last statement from a county board of canvassers
10for the election or referendum.
AB161-ASA1, s. 88 11Section 88. 9.01 (1) (ag) 1. of the statutes is amended to read:
AB161-ASA1,42,1712 9.01 (1) (ag) 1. If the difference between the votes cast for the leading candidate
13and those cast for the petitioner or the difference between the affirmative and
14negative votes cast upon any referendum question is less than 10 if 1,000 or less votes
15are cast or not more than 0.5% of the total votes cast for the office or on the question
16if more than 1,000 votes are cast prior to issuance of any amended return under s.
176.221 7.515 (6) (b), the petitioner is not required to pay a fee.
AB161-ASA1, s. 89 18Section 89. 9.01 (1) (ag) 1m. of the statutes is amended to read:
AB161-ASA1,43,219 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading
20candidate and those cast for the petitioner or the difference between the affirmative
21and negative votes cast upon any referendum question is at least 10 if 1,000 or less
22votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes
23are cast prior to issuance of any amended return under s. 6.221 7.515 (6) (b), the
24petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot

1recount, or $5 for each municipality for which the petition requests a recount where
2no wards exist.
AB161-ASA1, s. 90 3Section 90. 9.01 (1) (ag) 2. of the statutes is amended to read:
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