Amendment AA35-SB275

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2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 35, TO 2011 SENATE BILL 275

March 15, 2012 - Offered by Representative Mason.

SB275-AA35,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 2, as follows:

SB275-AA35,1,6 1. Page 1, line 5: delete "Milwaukee area technical college district board" and substitute "technical college district boards, providing an exemption from and extending the time limit for emergency rule procedures, and granting rule-making authority".

SB275-AA35,1,9 2. Page 1, line 6: delete the material beginning with that line and ending with page 6, line 20, including the material inserted by senate amendment 1, and substitute:

SB275-AA35,1,10 " Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:

SB275-AA35,1,12 5.02 (3) "Educational officer" means the state superintendent, a member of a technical college district board, and a school board members member.

SB275-AA35,2,6 (21) "Spring election" means the election held on the first Tuesday in April to elect judicial officers, educational and officers other than technical college district board members, municipal officers, nonpartisan county officers and sewerage commissioners and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

SB275-AA35,2,11 (23) "State office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, court of appeals judge, circuit court judge, state senator, state representative to the assembly and, district attorney, and member of a technical college district board.

SB275-AA35, s. 2 Section 2. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Acts 32 and 75, is amended to read:

SB275-AA35,2,23 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices, technical college district board members, and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, technical college district board member, district attorney and the county offices.

SB275-AA35, s. 3 Section 3. 5.64 (1) (ag) of the statutes is amended to read:

SB275-AA35,3,4 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for president and vice president and for statewide, congressional, legislative, technical college district, and county offices in the same form as prescribed by the board under s. 7.08 (1) (a).

SB275-AA35, s. 4 Section 4. 7.60 (4) (a) of the statutes is amended to read:

SB275-AA35,4,2 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; members of the technical college district boards; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the government accountability board, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

SB275-AA35, s. 5 Section 5. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115, is amended to read:

SB275-AA35,4,23 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or transmit to the government accountability board a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, members of the technical college district boards, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the government accountability board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the government accountability board no later than 9 days after each primary except the partisan primary, no later than 10 days after the partisan primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

SB275-AA35, s. 6m Section 6m. 7.70 (3) (d) of the statutes is amended to read:

SB275-AA35,5,12 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; technical college district board member; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

SB275-AA35, s. 7m Section 7m. 7.70 (6) of the statutes is created to read:

SB275-AA35,5,18 7.70 (6) Technical college district board members; determinations. The government accountability board shall transmit to the secretary of the technical college district board a copy of the certified determination of the chairperson of the government accountability board or his or her designee for the election of each member of the district board.

SB275-AA35, s. 10m Section 10m. 8.15 (6) (ds) of the statutes is created to read:

SB275-AA35,5,21 8.15 (6) (ds) For the office of member of the technical college district board from any election district, not less than 200 nor more than 400 electors.

SB275-AA35, s. 11 Section 11. 9.10 (1) (a) of the statutes is amended to read:

SB275-AA35,6,3 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or town, of any congressional, legislative, judicial, technical college, town sanitary, or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.

SB275-AA35, s. 12 Section 12. 9.10 (2) (b) of the statutes is amended to read:

SB275-AA35,6,8 9.10 (2) (b) A recall petition for a city, village, town, technical college district, town sanitary district, or school district office shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought.

SB275-AA35, s. 13 Section 13. 9.10 (2) (d) of the statutes is amended to read:

SB275-AA35,6,22 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, technical college district, town sanitary district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB275-AA35, s. 14 Section 14. 9.10 (3) (a) of the statutes is amended to read:

SB275-AA35,7,2 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, technical college district, town sanitary district, and school district officials. City, village, town, technical college district, town sanitary district, and school district officials are recalled under sub. (4).

SB275-AA35, s. 15 Section 15. 9.10 (4) (title) of the statutes is amended to read:

SB275-AA35,7,5 9.10 (4) (title) City, village, town, town sanitary district, technical college district, and school district offices.

SB275-AA35, s. 16 Section 16. 9.10 (4) (a) of the statutes is amended to read:

SB275-AA35,8,10 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, technical college district, town sanitary district, or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk official or agency with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners official or agency within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners official or agency shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners official or agency shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners official or agency shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population and in technical college districts, the municipal clerk or school district clerk official shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office. Immediately upon finding an original or amended petition sufficient, in technical college districts, the government accountability board shall file the petition in its office.

SB275-AA35, s. 17 Section 17. 9.10 (4) (d) of the statutes is amended to read:

SB275-AA35,8,17 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing body, school board, or board of election commissioners , or government accountability board shall call a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date on which the certificate is filed, except that if Tuesday is a legal holiday the recall election shall be held on the first day after Tuesday which is not a legal holiday.

SB275-AA35, s. 18 Section 18. 9.10 (7) of the statutes is amended to read:

SB275-AA35,8,22 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, technical college districts, town sanitary districts, and school districts.

SB275-AA35, s. 19 Section 19. 11.26 (1) (c) of the statutes is amended to read:

SB275-AA35,8,25 11.26 (1) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB275-AA35, s. 20 Section 20. 11.26 (2) (c) of the statutes is amended to read:

SB275-AA35,9,3 11.26 (2) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB275-AA35, s. 21 Section 21. 11.31 (1) (f) of the statutes is amended to read:

SB275-AA35,9,7 11.31 (1) (f) Candidates for representative to the assembly or member of a technical college district board, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.

SB275-AA35, s. 22 Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:

SB275-AA35,9,11 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college district or judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:

SB275-AA35, s. 23 Section 23. 17.01 (10m) of the statutes is created to read:

SB275-AA35,9,14 17.01 (10m) By a member of a technical college district board, to the secretary of the district board.

SB275-AA35, s. 24 Section 24. 17.02 (2) of the statutes is created to read:

SB275-AA35,9,18 17.02 (2) Technical college district board. Of the resignation of a member of a technical college district board, by the secretary of the district board to the government accountability board.

SB275-AA35, s. 25 Section 25. 17.17 (2) of the statutes is created to read:

SB275-AA35,9,22 17.17 (2) Technical college district board. In the office of member of a technical college district board, by the secretary of the district board to the government accountability board.

SB275-AA35, s. 26 Section 26. 17.27 (3) of the statutes is repealed and recreated to read:

SB275-AA35,9,25 17.27 (3) Technical college district board. Except as provided in s. 9.10, a vacancy in the office of member of a technical college district board may be filled by temporary appointment of the remaining members of the district board. The temporary appointee shall serve until a successor is elected and qualifies. If the vacancy occurs in any year after the Tuesday after the first Monday in November, and on or before April 15, the vacancy shall be filled for the residue of the unexpired term, if any, at the succeeding general election. If the vacancy occurs in any year after April 15 or on or before the Tuesday after the first Monday in November, the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding general election.

SB275-AA35, s. 27 Section 27. 38.04 (15) of the statutes is repealed.

SB275-AA35, s. 28 Section 28. 38.06 (6) of the statutes is created to read:

SB275-AA35,10,13 38.06 (6) Promptly upon issuance of a reorganization order by the board, the director of the board shall transmit a copy of the order to the government accountability board.

SB275-AA35, s. 29 Section 29. 38.08 (1) (a) of the statutes is repealed and recreated to read:

SB275-AA35,10,20 38.08 (1) (a) A district board shall administer the district and shall be composed of 9 members who are residents of the district. The members shall be elected to represent numbered election districts within each technical college district by the electors of each election district on a nonpartisan ballot at the general election. Each member of the district board shall be an elector of the numbered election district within the technical college district for which he or she seeks office.

SB275-AA35, s. 30 Section 30. 38.08 (1) (b) of the statutes is amended to read:

SB275-AA35,10,23 38.08 (1) (b) District board members shall take office on July 1 the first Monday in January following their election and shall serve staggered 3-year 4-year terms.

SB275-AA35, s. 31 Section 31. 38.08 (1) (c) of the statutes is created to read:

SB275-AA35,11,5 38.08 (1) (c) Promptly upon receipt of the determinations from the government accountability board under s. 7.70 (6) and upon appointment of any person to fill a temporary vacancy on the district board, the secretary of the district board shall send written notification of the name and address of each member and expiration date of each member's term to the director of the technical college system board.