SB116-ASA1,21,1413 6.86 (1) (a) 3. By signing a statement and filing a request to receive absentee
14ballots
under sub. (2) or (2m) (a) or s. 6.22 (4), 6.24 (4), or 6.25 (1) (c).
SB116-ASA1, s. 42 15Section 42. 6.86 (1) (ac) of the statutes is amended to read:
SB116-ASA1,21,2116 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application
17to the municipal clerk for an official ballot by means of facsimile transmission or
18electronic mail. Any application under this paragraph shall need not contain a copy
19of the applicant's original signature. An elector requesting a ballot under this
20paragraph shall return with the voted ballot a copy of the request bearing an original
21signature of the elector as provided in s. 6.87 (4).
SB116-ASA1, s. 43 22Section 43. 6.86 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 23,
23is amended to read:
SB116-ASA1,22,2024 6.86 (1) (b) Except as provided in this section, if application is made by mail,
25the application shall be received no later than 5 p.m. on the 5th day immediately

1preceding the election. If application is made in person, the application shall be
2made no earlier than the opening of business on the 3rd Monday preceding the
3election and no later than 5 p.m. or the close of business, whichever is later, on the
4Friday preceding the election. Except as provided in par. (c), if the elector is making
5written application for an absentee ballot at the September partisan primary or, the
6general election, the presidential preference primary, or a special election for
7national office,
and the application indicates that the elector is a military elector, as
8defined in s. 6.34 (1), the application shall be received by the municipal clerk no later
9than 5 p.m. on election day. If the application indicates that the reason for requesting
10an absentee ballot is that the elector is a sequestered juror, the application shall be
11received no later than 5 p.m. on election day. If the application is received after 5 p.m.
12on the Friday immediately preceding the election, the municipal clerk or the clerk's
13agent shall immediately take the ballot to the court in which the elector is serving
14as a juror and deposit it with the judge. The judge shall recess court, as soon as
15convenient, and give the elector the ballot. The judge shall then witness the voting
16procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of
17the clerk who shall deliver it to the polling place or, in municipalities where absentee
18ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If
19application is made under sub. (2) or (2m), the application may be received no later
20than 5 p.m. on the Friday immediately preceding the election.
SB116-ASA1, s. 44 21Section 44. 6.865 (title) of the statutes is amended to read:
SB116-ASA1,22,22 226.865 (title) Federal absentee ballot requests ballots.
SB116-ASA1, s. 45 23Section 45. 6.865 (3) of the statutes is repealed.
SB116-ASA1, s. 46 24Section 46. 6.865 (3m) (a) of the statutes is repealed.
SB116-ASA1, s. 47
1Section 47. 6.865 (3m) (b) of the statutes is renumbered 6.865 (3m) and
2amended to read:
SB116-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.
SB116-ASA1, s. 48 9Section 48. 6.865 (3m) (c) of the statutes is repealed.
SB116-ASA1, s. 49 10Section 49. 6.869 of the statutes, as affected by 2011 Wisconsin Act 23, is
11amended to read:
SB116-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.
SB116-ASA1, s. 50 23Section 50. 6.87 (3) (d) of the statutes, as affected by 2011 Wisconsin Act 23,
24is amended to read:
SB116-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.
SB116-ASA1, s. 51 22Section 51. 6.87 (6) of the statutes, as affected by 2011 Wisconsin Act 23, is
23amended to read:
SB116-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.
SB116-ASA1, s. 52 6Section 52. 6.875 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
7amended to read:
SB116-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 home who qualifies as an absent elector and
11desires to receive an absentee ballot shall make application under s. 6.86 (1), (2), or
12(2m) with the municipal clerk or board of election commissioners of the municipality
13in which the 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 care 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.
SB116-ASA1, s. 53 4Section 53. 6.88 (1) of the statutes is amended to read:
SB116-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).
SB116-ASA1, s. 54 20Section 54. 6.88 (3) (b) of the statutes is amended to read:
SB116-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.
SB116-ASA1, s. 55 12Section 55. 7.08 (2) (b) of the statutes is amended to read:
SB116-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.
SB116-ASA1, s. 56 18Section 56. 7.10 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 45,
19is amended to read:
SB116-ASA1,28,220 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks
21no later than 31 48 days before each September partisan primary and general
22election and no later than 22 days before each other primary and election. Election
23forms prepared by the board shall be distributed at the same time. If the board
24transmits an amended certification under s. 7.08 (2) (a) or if the board or a court
25orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been

1distributed, the county clerk shall distribute corrected ballots to the municipal clerks
2as soon as possible.
SB116-ASA1, s. 57 3Section 57. 7.15 (1) (cm) of the statutes, as affected by 2011 Wisconsin Acts
423
and 45, is amended to read:
SB116-ASA1,28,185 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
6them, and except as provided in this paragraph, send or transmit an official absentee
7ballot to each elector who has requested a ballot by mail, and to each military elector,
8as defined in s. 6.34 (1) (a), and overseas elector, as defined in s. 6.34 (1) (b), who has
9requested a ballot by mail,
electronic mail, or facsimile transmission no later than
10the 30th 47th day before each September partisan primary and general election and
11no later than the 21st day before each other primary and election if the request is
12made before that day; otherwise, the municipal clerk shall send or transmit an
13official absentee ballot within one day of the time the elector's request for such a
14ballot is received. The clerk shall send or transmit an absentee ballot for the
15presidential preference primary to each elector who has requested that ballot no
16later than the 47th day before the presidential preference primary if the request is
17made before that day, or, if the request is not made before that day, within one day
18of the time the request is received.
SB116-ASA1, s. 58 19Section 58. 7.15 (1) (cs) of the statutes is repealed.
SB116-ASA1, s. 59 20Section 59. 7.15 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 23,
21is amended to read:
SB116-ASA1,29,222 7.15 (1) (j) Send or transmit an absentee ballot automatically to each person
23elector and send or transmit an absentee ballot to each military elector, as defined
24in s. 6.34 (1) (a), and each overseas elector, as defined in s. 6.34 (1) (b),
making an

1authorized request therefor in accordance with s. 6.22 (4) , 6.24 (4) (c), or 6.86 (2) or
2(2m).
SB116-ASA1, s. 60 3Section 60. 7.51 (5) (b) of the statutes is amended to read:
SB116-ASA1,29,154 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally
5sheets, lists, and envelopes relating to a school district election to the school district
6clerk by 4 p.m. on the day following each such election. The municipal clerk shall
7deliver the ballots, statements, tally sheets, lists, and envelopes for his or her
8municipality relating to any county, technical college district, state, or national
9election to the county clerk no later than 4 p.m. on the day following each such
10election or, in municipalities where absentee ballots are canvassed under s. 7.52, by
114 p.m. on the 2nd day following each such election, and no later than 4 p.m. on the
12day after receiving any corrected returns under s. 6.221 7.515 (6) (b). The person
13delivering the returns shall be paid out of the municipal treasury. Each clerk shall
14retain ballots, statements, tally sheets, or envelopes received by the clerk until
15destruction is authorized under s. 7.23 (1).
SB116-ASA1, s. 61 16Section 61. 7.52 (3) (b) of the statutes is amended to read:
SB116-ASA1,30,917 7.52 (3) (b) When the board of absentee ballot canvassers finds that a
18certification is insufficient, that the applicant is not a qualified elector in the ward
19or election district, that the ballot envelope is open or has been opened and resealed,
20that the ballot envelope contains more than one ballot of any one kind, or that the
21certificate of an a military or overseas elector who received an absentee ballot by
22facsimile transmission or electronic mail is missing, or if proof is submitted to the
23board of absentee ballot canvassers that an elector voting an absentee ballot has
24since died, the board of absentee ballot canvassers shall not count the ballot. Each
25member of the board of absentee ballot canvassers shall endorse every ballot not

1counted on the back as "rejected (giving the reason)." The board of absentee ballot
2canvassers shall reinsert each rejected ballot into the certificate envelope in which
3it was delivered and enclose the certificate envelopes and ballots, and securely seal
4the ballots and envelopes in an envelope marked for rejected absentee ballots. The
5board of absentee ballot canvassers shall endorse the envelope as "rejected ballots,"
6with a statement of the ward or election district and date of the election, and each
7member of the board of absentee ballot canvassers shall sign the statement. The
8board of absentee ballot canvassers shall then return the envelope containing the
9ballots to the municipal clerk.
SB116-ASA1, s. 62 10Section 62. 7.60 (5) (a) of the statutes is amended to read:
SB116-ASA1,31,411 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
12or send to the government accountability board, by 1st class mail, a certified copy of
13each statement of the county board of canvassers for president and vice president,
14state officials, senators and representatives in congress, state legislators, justice,
15court of appeals judge, circuit judge, district attorney, and metropolitan sewerage
16commissioners, if the commissioners are elected under s. 200.09 (11) (am). The
17statement shall record the returns for each office or referendum by ward, unless
18combined returns are authorized under s. 5.15 (6) (b) in which case the statement
19shall record the returns for each group of combined wards. Following primaries the
20county clerk shall enclose on forms prescribed by the government accountability
21board the names, party or principle designation, if any, and number of votes received
22by each candidate recorded in the same manner. The county clerk shall deliver or
23transmit the certified statement to the government accountability board no later
24than 7 days after each primary except the September partisan primary, no later than
2510 days after the September partisan primary and any other election except the

1general election, and no later than 14 days after the general election. The board of
2canvassers shall deliver or transmit a certified copy of each statement for any
3technical college district referendum to the secretary of the technical college district
4board.
SB116-ASA1, s. 63 5Section 63. 7.70 (3) (a) of the statutes is amended to read:
SB116-ASA1,31,126 7.70 (3) (a) The chairperson of the board or a designee of the chairperson
7appointed by the chairperson to canvass a specific election shall publicly canvass the
8returns and make his or her certifications and determinations on or before the 2nd
9Tuesday following a spring primary, the 15th day of May following a spring election,
10the 3rd Wednesday following a September partisan primary, the first day of
11December following a general election, the 2nd Thursday following a special primary,
12or within 18 days after any special election.
SB116-ASA1, s. 64 13Section 64. 8.10 (1) of the statutes is amended to read:
SB116-ASA1,31,1814 8.10 (1) Candidates for office to be filled at the spring election shall be
15nominated by nomination papers, or by nomination papers and selection at the
16primary if a primary is held, except as provided for towns and villages under s. 8.05.
17Unless designated in this section or s. 8.05, the general provisions pertaining to
18nomination at the September partisan primary apply.
SB116-ASA1, s. 65 19Section 65. 8.15 (title) of the statutes is amended to read:
SB116-ASA1,31,20 208.15 (title) Nominations for September partisan primary.
SB116-ASA1, s. 66 21Section 66. 8.15 (1) of the statutes is amended to read:
SB116-ASA1,32,1322 8.15 (1) Nomination papers may be circulated no sooner than June 1 April 15
23preceding the general election and may be filed no later than 5 p.m. on the 2nd
24Tuesday of July
June 1 preceding the September partisan primary, except as
25authorized in this subsection. If an incumbent fails to file nomination papers and

1a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July June 1 preceding the
2September partisan primary, all candidates for the office held by the incumbent,
3other than the incumbent, may file nomination papers no later than 72 hours after
4the latest time prescribed in this subsection. No extension of the time for filing
5nomination papers applies if the incumbent files written notification with the filing
6officer or agency with whom nomination papers are filed for the office which the
7incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time
8prescribed in this subsection for filing nomination papers, that the incumbent is not
9a candidate for reelection to his or her office, and the incumbent does not file
10nomination papers for that office within the time prescribed in this subsection. Only
11those candidates for whom nomination papers containing the necessary signatures
12acquired within the allotted time and filed before the deadline may have their names
13appear on the official September partisan primary ballot.
SB116-ASA1, s. 67 14Section 67. 8.16 (7) of the statutes is amended to read:
SB116-ASA1,32,2115 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each
16party entitled to a September partisan primary ballot shall be the party's candidates
17for president, vice president and presidential electors. The state or national
18chairperson of each such party shall certify the names of the party's nominees for
19president and vice president to the board no later than 5 p.m. on the first Tuesday
20in September preceding a presidential election. Each name shall be in one of the
21formats authorized in s. 7.08 (2) (a).
SB116-ASA1, s. 68 22Section 68. 8.17 (1) (b) of the statutes is amended to read:
SB116-ASA1,33,1023 8.17 (1) (b) Each political party shall elect one committeeman or
24committeewoman from each election district. In this section, each village, each town
25and each city is an "election district"; except that in cities having a population of more

1than 7,500 which are divided into aldermanic districts, each aldermanic district is
2an "election district"; and in cities having a population of more than 7,500 which are
3not divided into aldermanic districts and villages or towns having a population of
4more than 7,500, each ward or group of combined wards under s. 5.15 (6) (b)
5constituting a polling place on June 1 April 15 of the year in which committeemen
6or committeewomen are elected is an "election district". To be eligible to serve as its
7committeeman or committeewoman, an individual shall be, at the time of filing
8nomination papers or at the time of appointment under this section, a resident of the
9election district which he or she is chosen to represent and shall be at least 18 years
10of age.
SB116-ASA1, s. 69 11Section 69. 8.17 (4) of the statutes is amended to read:
SB116-ASA1,33,1412 8.17 (4) The term of office of each committeeman or committeewoman shall end
13on the date of the meeting held under sub. (5) (b) following each September partisan
14primary.
SB116-ASA1, s. 70 15Section 70. 8.17 (5) (b) of the statutes is amended to read:
SB116-ASA1,34,616 8.17 (5) (b) A combined meeting of the county committee and members in good
17standing of the party in the county shall be held no sooner than 15 days after the
18September partisan primary and no later than April 1 of the following year. At this
19meeting, the party committeemen or committeewomen and the county committee
20offices of chairperson, vice chairperson, secretary and treasurer shall be filled by
21election by the incumbent committeemen, committeewomen and other party
22members present and voting, each of whom is entitled to one vote. At this meeting,
23the county committee shall elect the members of the congressional district committee
24as provided in sub. (6) (b), (c) and (d). The secretary of the county committee shall
25give at least 7 days' written notice of the meeting to party and committee members.

1Individuals elected as county committee officers or as congressional district
2committee members may be, but are not required to be, committeemen or
3committeewomen. They are required to be party members in good standing. The
4terms of committeemen and committeewomen, county committee officers and
5congressional district committee members begin during the meeting immediately
6upon completion and verification of the voting for each office.
SB116-ASA1, s. 71 7Section 71. 8.19 (3) of the statutes is amended to read:
SB116-ASA1,34,148 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on
9the September partisan primary and general election ballots has exclusive right to
10the use of the name designating it at any election involving political parties. The
11board shall not certify nor the county clerk print the name of any person whose
12nomination papers indicate a party name comprising a combination of existing party
13names, qualifying words, phrases, prefixes or suffixes in connection with any
14existing party name.
SB116-ASA1, s. 72 15Section 72. 8.20 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
16is amended to read:
SB116-ASA1,35,717 8.20 (8) (a) Nomination papers for independent candidates for any office to be
18voted upon at a general election, except president, vice president and presidential
19elector, may be circulated no sooner than June 1 April 15 preceding the election and
20may be filed no later than 5 p.m. on the 2nd Tuesday of July June 1 preceding the
21September partisan primary, except as authorized in this paragraph. If an
22incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m.
23on the 2nd Tuesday of July June 1 preceding the September partisan primary, all
24candidates for the office held by the incumbent, other than the incumbent, may file
25nomination papers no later than 72 hours after the latest time prescribed in this

1paragraph. No extension of the time for filing nomination papers applies if the
2incumbent files written notification with the filing officer or agency with whom
3nomination papers are filed for the office which the incumbent holds, no later than
45 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for
5filing nomination papers, that the incumbent is not a candidate for reelection to his
6or her office, and the incumbent does not file nomination papers for that office within
7the time prescribed in this paragraph.
SB116-ASA1, s. 73 8Section 73. 8.20 (8) (am) of the statutes is amended to read:
SB116-ASA1,35,129 8.20 (8) (am) Nomination papers for independent candidates for president and
10vice president, and the presidential electors designated to represent them, may be
11circulated no sooner than August July 1 and may be filed not later than 5 p.m. on the
12first Tuesday in September August preceding a presidential election.
SB116-ASA1, s. 74 13Section 74. 8.37 of the statutes is amended to read:
SB116-ASA1,35,23 148.37 Filing of referenda petitions or questions. Unless otherwise required
15by law, all proposed constitutional amendments and any other measure or question
16that is to be submitted to a vote of the people, or any petitions requesting that a
17measure or question be submitted to a vote of the people, if applicable, shall be filed
18with the official or agency responsible for preparing the ballots for the election no
19later than 42 70 days prior to the election at which the amendment, measure or
20question will appear on the ballot. No later than the end of the next business day
21after a proposed measure is filed with a school district clerk under this section, the
22clerk shall file a copy of the measure or question with the clerk of each county having
23territory within the school district.
SB116-ASA1, s. 75 24Section 75. 8.50 (intro.) of the statutes is amended to read:
SB116-ASA1,36,15
18.50 Special elections. (intro.) Unless otherwise provided, this section
2applies to filling vacancies in the U.S. senate and house of representatives, executive
3state offices except the offices of governor, lieutenant governor, and district attorney,
4judicial and legislative state offices, county, city, village, and town offices, and the
5offices of municipal judge and member of the board of school directors in school
6districts organized under ch. 119. State legislative offices may be filled in
7anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No
8special election may be held after February 1 preceding the spring election unless it
9is held on the same day as the spring election, nor after September 1 August 1
10preceding the general election unless it is held on the same day as the general
11election, until the day after that election. If the special election is held on the day
12of the general election, the primary for the special election, if any, shall be held on
13the day of the September partisan primary. If the special election is held on the day
14of the spring election, the primary for the special election, if any, shall be held on the
15day of the spring primary.
SB116-ASA1, s. 76 16Section 76. 8.50 (1) (d) of the statutes is amended to read:
SB116-ASA1,37,817 8.50 (1) (d) When the election concerns a national or state office office or a
18special election for state office is held concurrently with the general election, the
19board shall transmit to each county clerk a certified list of all persons for whom
20nomination papers have been filed in its office at least 62 days before the special
21primary, and in other cases
the board shall transmit the list to each county clerk at
22least 22 days before the special primary, a certified list of all persons for whom
23nomination papers have been filed in its office
. If no primary is required, the list shall
24be transmitted at least 42 days prior to the day of the special election unless the
25special election concerns a national office or is held concurrently with the general

1election, in which case the list shall be transmitted at least 62 days prior to the day
2of the special election
. Immediately upon receipt of the certified list, the county clerk
3shall prepare his or her ballots. For a county special election, the county clerk shall
4certify the candidates and prepare the ballots. If there is a primary, the county clerk
5shall publish one type B notice in a newspaper under ch. 10. When a primary is held,
6as soon as possible after the primary, the county clerk shall certify the candidates and
7prepare the ballots for the following special election. The clerk shall publish one type
8B notice in a newspaper under ch. 10 for the election.
SB116-ASA1, s. 77 9Section 77. 8.50 (2) of the statutes is amended to read:
SB116-ASA1,37,2010 8.50 (2) Date of special election. (a) The date for the special election shall
11be not less than 62 nor more than 77 days from the date of the order except when the
12special election is held to fill a vacancy in a national office or the special election is
13held on the day of the general election or spring election. If a special election is held
14concurrently with the spring or general election, the special election may be ordered
15not earlier than 92 days prior to the spring primary or September primary,
16respectively,
and not later than 49 days prior to that primary. If a special election
17is held concurrently with the general election or a special election is held to fill a
18national office, the special election may be ordered not earlier than 122 days prior
19to the partisan primary or special primary, respectively, and not later than 92 days
20prior to that primary.
SB116-ASA1,38,321 (b) If a primary is required, the primary shall be on the day 4 weeks before the
22day of the special election except when the special election is held on the same day
23as the general election the special primary shall be held on the same day as the
24September partisan primary or if the special election is held concurrently with the
25spring election, the primary shall be held concurrently with the spring primary, and

1except when the special election is held on the Tuesday after the first Monday in
2November of an odd-numbered year, the primary shall be held on the 2nd Tuesday
3of September August in that year.
SB116-ASA1, s. 78 4Section 78. 8.50 (3) (a) of the statutes is amended to read:
SB116-ASA1,38,205 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the
6order for the special election is filed and shall be filed not later than 5 p.m. 28 days
7before the day that the special primary will or would be held, if required, except when
8a special election is held concurrently with the spring election or general election, the
9deadline for filing nomination papers shall be specified in the order and the date shall
10be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
11later than 35 days prior to the date of the spring primary or September no later than
12June 1 preceding the partisan
primary. Nomination papers may be filed in the
13manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of
14candidacy in the manner provided in s. 8.21 no later than the latest time provided
15in the order for filing nomination papers. If a candidate for state or local office has
16not filed a registration statement under s. 11.05 at the time he or she files nomination
17papers, the candidate shall file the statement with the papers. A candidate for state
18office shall also file a statement of economic interests with the board no later than
19the end of the 3rd day following the last day for filing nomination papers specified
20in the order.
SB116-ASA1, s. 79 21Section 79. 8.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
22is amended to read:
SB116-ASA1,39,923 8.50 (3) (b) Except as otherwise provided in this section, the provisions for
24September primaries the partisan primary under s. 8.15 are applicable to all
25partisan primaries held under this section, and the provisions for spring primaries

1under s. 8.10 are applicable to all nonpartisan primaries held under this section. In
2a special partisan primary or election, the order of the parties on the ballot shall be
3the same as provided under s. 5.62 (1) or 5.64 (1) (b). No primary is required for a
4nonpartisan election in which not more than 2 candidates for an office appear on the
5ballot or for a partisan election in which not more than one candidate for an office
6appears on the ballot of each recognized political party. In every special election
7except a special election for nonpartisan state office where no candidate is certified
8to appear on the ballot, a space for write-in votes shall be provided on the ballot,
9regardless of whether a special primary is held.
SB116-ASA1, s. 80 10Section 80. 8.50 (3) (c) of the statutes is amended to read:
SB116-ASA1,39,1711 8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), whenever a
12special partisan primary is held concurrently with the presidential preference
13primary, an elector may choose the party column or ballot in which the elector will
14cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special
15partisan primaries or one or more special partisan primaries and a September
16partisan primary are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91
17(6) and 6.80 (2) (f) applies.
SB116-ASA1, s. 81 18Section 81. 8.50 (4) (b) of the statutes is amended to read:
SB116-ASA1,39,2419 8.50 (4) (b) A vacancy in the office of U.S. senator or representative in congress
20occurring prior to the 2nd Tuesday in May April in the year of the general election
21shall be filled at a special primary and election. A vacancy in that office occurring
22between the 2nd Tuesday in May April and the 2nd Tuesday in July May in the year
23of the general election shall be filled at the September partisan primary and general
24election.
SB116-ASA1, s. 82 25Section 82. 8.50 (4) (fm) of the statutes is amended to read:
SB116-ASA1,40,13
18.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled
2by temporary appointment of the municipal governing body, or, if the judge is elected
3under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
4judge. The office shall then be permanently filled by special election, which shall be
5held concurrently with the next spring election following the occurrence of the
6vacancy, except that a vacancy occurring during the period after December 1 and on
7or before the date of the spring election shall be filled at the 2nd succeeding spring
8election, and except that the governing body of a city or village or, if the judge is
9elected under s. 755.01 (4), the governing bodies of the participating cities or villages
10may, if the vacancy occurs before June 1 April 15 in the year preceding expiration of
11the term of office, order a special election to be held on the Tuesday after the first
12Monday in November following the date of the order. A person so elected shall serve
13for the residue of the unexpired term.
SB116-ASA1, s. 83 14Section 83. 9.01 (1) (a) 1. of the statutes is amended to read:
SB116-ASA1,41,615 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted
16upon any referendum question at any election may petition for a recount. The
17petitioner shall file a verified petition or petitions with the proper clerk or body under
18par. (ar) not earlier than the time of completion of the canvass and not later than 5
19p.m. on the 3rd business day following the last meeting day of the municipal or
20county board of canvassers determining the election for that office or on that
21referendum question prior to issuance of any amended return under s. 6.221 7.515
22(6) (b) or, if more than one board of canvassers makes the determination, not later
23than 5 p.m. on the 3rd business day following the last meeting day of the last board
24of canvassers which makes a determination prior to issuance of any amended return
25under s. 6.221 7.515 (6) (b). If the chairperson of the board or chairperson's designee

1makes the determination for the office or the referendum question, the petitioner
2shall file the petition not earlier than the last meeting day of the last county board
3of canvassers to make a statement in the election or referendum and not later than
45 p.m. on the 3rd business day following the day on which the government
5accountability board receives the last statement from a county board of canvassers
6for the election or referendum.
SB116-ASA1, s. 84 7Section 84. 9.01 (1) (ag) 1. of the statutes is amended to read:
SB116-ASA1,41,138 9.01 (1) (ag) 1. If the difference between the votes cast for the leading candidate
9and those cast for the petitioner or the difference between the affirmative and
10negative votes cast upon any referendum question is less than 10 if 1,000 or less votes
11are cast or not more than 0.5% of the total votes cast for the office or on the question
12if more than 1,000 votes are cast prior to issuance of any amended return under s.
136.221 7.515 (6) (b), the petitioner is not required to pay a fee.
SB116-ASA1, s. 85 14Section 85. 9.01 (1) (ag) 1m. of the statutes is amended to read:
SB116-ASA1,41,2215 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading
16candidate and those cast for the petitioner or the difference between the affirmative
17and negative votes cast upon any referendum question is at least 10 if 1,000 or less
18votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes
19are cast prior to issuance of any amended return under s. 6.221 7.515 (6) (b), the
20petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot
21recount, or $5 for each municipality for which the petition requests a recount where
22no wards exist.
SB116-ASA1, s. 86 23Section 86. 9.01 (1) (ag) 2. of the statutes is amended to read:
SB116-ASA1,42,524 9.01 (1) (ag) 2. If the difference between the votes cast for the leading candidate
25and those cast for the petitioner or the difference between the affirmative and

1negative votes cast upon any referendum question is more than 2% if more than
21,000 votes are cast prior to issuance of any amended return under s. 6.221 7.515 (6)
3(b), the petitioner shall pay a fee equal to the actual cost of performing the recount
4in each ward for which the petition requests a recount, or in each municipality for
5which the petition request a recount where no wards exist.
SB116-ASA1, s. 87 6Section 87. 9.01 (1) (b) (intro.) of the statutes is amended to read:
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