SB18: Bill Text

LRB-0553/1

JTK:kmg:pg

2003 - 2004 LEGISLATURE

2003 Senate BILL 18

January 29, 2003 - Introduced by Senators Roessler, Kanavas and George, cosponsored by Representatives Grothman, Foti, Jensen, Vrakas, Underheim, Owens, Jeskewitz, Gunderson, Stone, Musser, Albers, Krawczyk, Powers and Bies. Referred to Committee on Education, Ethics and Elections.

SB18,1,7 An Act to repeal 8.15 (8) (intro.); to amend 5.62 (1) (a), 7.38 (1), 7.70 (3) (d), 8.15 (4) (b), 8.15 (8) (a), 8.15 (8) (b), 8.16 (1), 8.16 (6), 8.21, 8.30 (2), 8.35 (1), 8.35 (2) (a), 8.35 (2) (b), 8.35 (4) (a) 1. (intro.), 8.35 (4) (b), 11.05 (3m), 11.50 (1) (a) 1. a., 11.50 (2) (a), 11.50 (2) (b) 4., 11.50 (2) (b) 5., 19.42 (4) and 19.43 (4); and to create 8.03 (2g) and 8.15 (1m) of the statutes; relating to: nomination of major party candidates for the office of lieutenant governor and filling vacancies in certain nominations.

Analysis by the Legislative Reference Bureau

Under current law, a candidate for the nomination of a major party (a party which is entitled by law to a separate ballot or column on the ballot) for the office of lieutenant governor may file nomination papers at the same time as candidates for other state partisan offices. At the September primary, electors may vote for a candidate for the office of lieutenant governor separately from candidates for other offices within their preferred party. The winning candidate for the office of lieutenant governor within each party at the primary is then placed on the ballot at the general election, along with the party's winning candidate for the office of governor. The electors voting at the general election then cast one vote for the offices of governor and lieutenant governor, jointly. A candidate for the office of lieutenant governor must receive at least 6% of the vote cast on all ballots for all candidates for that office in the September primary to qualify for a grant from the Wisconsin election campaign fund. Minor party or independent candidates for the office of governor or lieutenant governor may file nomination papers with or without a running mate and may appear on the primary and general election ballots in the same manner as major party candidates.

This bill changes the procedure for nominating a major party candidate for the office of lieutenant governor. Under the bill, a major party candidate for the office of lieutenant governor does not file nomination papers and does not appear on the primary ballot. Rather, each major party candidate for the office of governor must certify the name of a candidate for the office of lieutenant governor within two days after official certification of the gubernatorial candidate's nomination at the September primary. The certified candidate for the office of lieutenant governor then has three days after receipt of the certification to file a declaration of candidacy, a statement of economic interests and, if the candidate has not already done so, a financial registration. The certified candidate for the office of lieutenant governor is then placed on the general election ballot along with the gubernatorial candidate who certified his or her name. For purposes of qualifying for a grant from the Wisconsin election campaign fund, a major party candidate for the office of lieutenant governor is considered to receive the same percentage of the September primary vote as the candidate for the office of governor who certifies his or her name. In addition, contributions received by the candidate for the office of governor in excess of those needed for the candidate for the office of governor to qualify for a grant may be used to qualify the candidate for the office of lieutenant governor for a grant. Minor party and independent candidates for the office of lieutenant governor continue to be nominated on nomination papers and appear on the primary ballot as currently provided.

Currently, a person who files nomination papers and qualifies to appear on the ballot may not decline nomination. However, if a candidate dies before the election, the chairperson of the state party committee, the chairperson of the county party committee, or the former candidate's personal campaign committee generally may nominate a person to fill the vacancy in nomination, depending upon the former candidate's party affiliation and the office for which the candidate was nominated. This bill allows a major party candidate for the office of lieutenant governor who is also nominated for another elective office to decline one of the nominations. In addition, the bill utilizes the existing procedure for filling a vacancy in nomination caused by the death of a candidate to fill a vacancy in nomination caused by a major party candidate for the office of lieutenant governor declining a nomination.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB18, s. 1 Section 1. 5.62 (1) (a) of the statutes is amended to read:

SB18,3,22 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices, and for state offices, except the office of lieutenant governor, and for independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

SB18, s. 2 Section 2. 7.38 (1) of the statutes is amended to read:

SB18,4,13 7.38 (1) Except as provided in sub. (4), after the death of a candidate nominated for a partisan office, either in a primary or when no primary is required under s. 8.50 (3) (b), or after a candidate declines nomination under s. 8.03 (2g), the vacancy may be filled by the candidate's political party. In the case of county offices, the vacancy shall be filled by the chairperson of the county committee. If no county committee exists, the vacancy shall be filled by the chairperson of the state committee. For other offices, the vacancy shall be filled by the chairperson of the state committee. The appropriate chairperson shall file with the official or agency with whom nomination papers are filed for the office or, if nomination papers are not required, with the official or agency with whom a declaration of candidacy is filed for the office a certificate signed, certified and sworn to the same as an original nomination paper. The certificate shall state the cause of the vacancy, the name of the new nominee and the office for which the nomination is made. A Except as authorized under s. 8.16 (6), a political party may not nominate a candidate for an office for which no person representing that party has filed nomination papers and a declaration of candidacy.

SB18, s. 3 Section 3. 7.70 (3) (d) of the statutes is amended to read:

SB18,4,25 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 office 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; 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.

SB18, s. 4 Section 4. 8.03 (2g) of the statutes is created to read:

SB18,5,13 8.03 (2g) Subsection (1) shall not apply when a candidate whose name is certified for placement on the general election ballot as a candidate for the office of lieutenant governor under s. 8.16 (6) is nominated for another elective office to be filled at the general election. No later than the deadline for filing a declaration of candidacy under s. 8.16 (6), a candidate who is nominated under s. 8.16 (6) shall file a written statement specifying the office that the candidate chooses. The candidate shall file the written statement with the same person with whom he or she is required to file a declaration of candidacy for the office. The filing officer shall place the candidate's name on the ballot under the office chosen by the candidate in the written statement and may not permit the candidate's name to appear on the ballot more than once. The vacancy in nomination for the office that the candidate does not choose may then be filled under s. 8.35.

SB18, s. 5 Section 5. 8.15 (1m) of the statutes is created to read:

SB18,5,16 8.15 (1m) No nomination papers may be filed under this section for the office of lieutenant governor.

SB18, s. 6 Section 6. 8.15 (4) (b) of the statutes is amended to read:

SB18,6,5 8.15 (4) (b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A Except as otherwise provided in this paragraph, a candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (1). A candidate for the office of lieutenant governor whose name is certified for placement on the general election ballot by a candidate for the office of governor under s. 8.16 (6) shall file a statement of economic interests no later than the time provided under s. 8.16 (6) for filing a statement of economic interests.

SB18, s. 7 Section 7. 8.15 (8) (intro.) of the statutes is repealed.

SB18, s. 8 Section 8. 8.15 (8) (a) of the statutes is amended to read:

SB18,6,9 8.15 (8) (a) For Nomination papers required for state offices and the offices of U.S. senator and representative in congress, shall be filed in the office of the board.

SB18, s. 9 Section 9. 8.15 (8) (b) of the statutes is amended to read:

SB18,6,12 8.15 (8) (b) For Nomination papers required for county offices, shall be filed in the office of the county clerk or board of election commissioners.

SB18, s. 10 Section 10. 8.16 (1) of the statutes is amended to read:

SB18,6,20 8.16 (1) Except as provided in sub. (2) subs. (2) and (6), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election. All independent candidates shall appear on the general election ballot regardless of the number of votes received by such candidates at the September primary.

SB18, s. 11 Section 11. 8.16 (6) of the statutes is amended to read:

SB18,7,12 8.16 (6) The persons who receive the greatest number of votes respectively for the offices of governor and lieutenant governor on any party ballot at a primary No later than 2 days after certification of the nomination of the candidate of each recognized political party for the office of governor under s. 7.70 (3) (g), each candidate so nominated shall certify to the board in writing the name of a candidate of the same party for the office of lieutenant governor and shall notify the candidate for the office of lieutenant governor in writing of the certification. The candidate for the office of lieutenant governor shall file a declaration of candidacy under s. 8.21 and a statement of economic interests under s. 19.43 (4) no later than 3 days after receipt of the notification. The candidate for the office of lieutenant governor shall file a registration statement under s. 11.05 no later than 3 days after receipt of the notification, unless the candidate has already filed a registration statement. The candidate for the office of governor certified under s. 7.70 (3) (g) and the candidate for the office of lieutenant governor certified under this subsection shall be the party's joint candidates for the offices of governor and lieutenant governor, and their names shall so appear on the official ballot at the next election.

SB18, s. 12 Section 12. 8.21 of the statutes is amended to read:

SB18,8,19 8.21 Declaration of candidacy. Each candidate, except a candidate for presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16 (2) or 8.35 (2) (c), or, in the case of a candidate for the office of lieutenant governor whose name is certified for placement on the general election ballot by a candidate for the office of governor under s. 8.16 (6), the time provided under s. 8.16 (6) for filing a declaration of candidacy. A candidate shall file the declaration with the officer or agency with which nomination papers are filed for the office which the candidate seeks, or if nomination papers are not required, with the clerk or board of election commissioners of the jurisdiction in which the candidate seeks office. The declaration shall be sworn to before any officer authorized to administer oaths. The declaration shall contain the name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office, and shall state that the signer is a candidate for a named office, that he or she meets or will at the time he or she assumes office meet applicable age, citizenship, residency or voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and of this state, and that he or she will otherwise qualify for office if nominated and elected. The declaration shall include the candidate's name in the form in which it will appear on the ballot. Each candidate for state and local office shall include in the declaration a statement that he or she has not been convicted of any misdemeanor designated under state or federal law as a violation of the public trust or any felony for which he or she has not been pardoned. In addition, each candidate for state or local office shall include in the declaration a statement that discloses his or her municipality of residence for voting purposes, and the street and number, if any, on which the candidate resides. The declaration is valid with or without the seal of the officer who administers the oath. A candidate for state or local office shall file an amended declaration under oath with the same officer or agency if any information contained in the declaration changes at any time after the original declaration is filed and before the candidate assumes office or is defeated for election or nomination.

SB18, s. 13 Section 13. 8.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB18,9,7 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) by the applicable deadline for filing nomination papers by the candidate, or by the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed , or, in the case of a candidate for the office of lieutenant governor whose name is certified for placement on the general election ballot by a candidate for the office of governor under s. 8.16 (6), by the deadline provided under s. 8.16 (6) for filing a registration statement, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).

SB18, s. 14 Section 14. 8.35 (1) of the statutes is amended to read:

SB18,9,15 8.35 (1) Any Except as provided under s. 8.03 (2g), any person who files nomination papers and qualifies to appear on the ballot may not decline nomination. The name of that person shall appear upon the ballot except in case of death of the person or in the case of a person who declines nomination under s. 8.03 (2g). A person who is appointed to fill a vacancy in nomination or who is nominated by write-in votes is deemed to decline nomination if he or she fails to file a declaration of candidacy within the time prescribed under sub. (2) (c) or s. 8.16 (2).

SB18, s. 15 Section 15. 8.35 (2) (a) of the statutes is amended to read:

SB18,9,25 8.35 (2) (a) If a vacancy occurs after nomination due to the death of a candidate of a recognized political party for a partisan office or due to the declination of a candidate of a recognized political party under s. 8.03 (2g), the vacancy may be filled by the chairperson of the committee of the proper political party under s. 7.38, or the personal campaign committee, if any, in the case of independent candidates. Similar vacancies in nominations of candidates for nonpartisan local offices may be filled by the candidate's personal campaign committee or, if the candidate had none, by the body which governs the local governmental unit in which the deceased person was a candidate for office. The chairperson, chief officer of the committee, or clerk of the body making an appointment shall file a certificate of appointment with the official or agency with whom declarations of candidacy for the office are filed. For purposes of this paragraph, the official or agency need not recognize members of a personal campaign committee whose names were not filed under s. 11.05 prior to the death of the candidate.

SB18, s. 16 Section 16. 8.35 (2) (b) of the statutes is amended to read:

SB18,10,13 8.35 (2) (b) If a vacancy in nomination occurs due to the death of a candidate or due to the declination of a candidate under s. 8.03 (2g), the officer or agency with whom nomination papers are filed for the office shall promptly notify the chairperson, committee or body, if any, that the vacancy may be filled within 4 days of the date of the notice, as shown by the postmark if the notice is mailed. The chairperson, committee or body may file a sworn certificate of nomination with the official or agency within the 4-day period.

SB18, s. 17 Section 17. 8.35 (4) (a) 1. (intro.) of the statutes is amended to read:

SB18,10,18 8.35 (4) (a) 1. (intro.) When a candidate is appointed under this section to fill a vacancy under this section caused by the death of a candidate, the funds remaining in the former candidate's depository after payment of the former candidate's lawful campaign debts, if any, shall be:

SB18, s. 18 Section 18. 8.35 (4) (b) of the statutes is amended to read:

SB18,11,2 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a deceased candidate from the Wisconsin election campaign fund shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).

SB18, s. 19 Section 19. 11.05 (3m) of the statutes is amended to read:

SB18,11,11 11.05 (3m) Vacancies in nomination. Any personal campaign committee of an independent candidate for partisan office or a candidate for nonpartisan county or municipal office may file with its registration statement a list of the members of the committee, in addition to those specified in sub. (3) (e) and (f), who shall be recognized by the official or agency with whom the candidate's nomination papers are filed for the purpose of filling a vacancy in nomination in the event of the candidate's death that the candidate declines nomination under s. 8.03 (2g) or dies. The board shall provide a place on the statement for such designations.

SB18, s. 20 Section 20. 11.50 (1) (a) 1. a. of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read: