SB352: Bill Text

LRB-3055/1

JTK&MES:cs:ch

2003 - 2004 LEGISLATURE

2003 Senate BILL 352

December 17, 2003 - Introduced by Senators Reynolds and Schultz, cosponsored by Representatives Grothman, Nass and Hahn. Referred to Committee on Homeland Security, Veterans and Military Affairs and Government Reform.

SB352,1,9 An Act to repeal 200.25 (1) to (4) and 200.25 (8); to amend 5.15 (1) (c), 5.58 (2m), 5.60 (4m), 7.10 (1) (a), 7.51 (3) (b), 7.51 (3) (d), 7.51 (4) (b), 7.51 (5), 7.60 (4) (a), 7.60 (5) (a), 7.70 (3) (d), 9.10 (1) (a), 9.10 (1) (b), 9.10 (2) (d), 9.10 (3) (a), 9.10 (4) (a), 9.10 (4) (d), 9.10 (7), 10.05, 11.02 (3), 11.26 (1) (d) 2., 11.26 (2) (e) 2., 17.13 (intro.), 17.13 (3), 17.27 (1m) (title), 200.27 (1) and 200.27 (3); to repeal and recreate 200.23 (2) and 200.25 (7) (a); and to create 5.15 (2) (f) 6., 7.53 (3n), 8.10 (6) (f), 8.11 (2g), 11.02 (9), 11.31 (1) (g) 1. d., 17.01 (11n) and 17.27 (1g) of the statutes; relating to: governance of metropolitan sewerage districts created by 1st class cities.

Analysis by the Legislative Reference Bureau

Currently, the membership of the commission governing a metropolitan sewerage district created by a first class city — currently only the Milwaukee Metropolitan Sewerage District (MMSD) — is composed of not less than nine nor more than 13 members who are appointed by the mayor of the first class city and an executive council consisting of the chief elective officers of the other cities and the villages and towns that are wholly or partly contained within the district. Members serve for three-year terms. The allocation of seats between the first class city and the other municipalities is determined on the basis of the populations of the first class city and the other territory within the district relative to the population of the district. Commissioners may be removed by their appointing authorities at any time, and vacancies are filled in the same manner that regular appointments are made.

This bill provides instead for an 11-member commission to be elected by the electors of the metropolitan sewerage district on a nonpartisan ballot at the spring election. Under the bill, each member is elected to represent a subdistrict within the metropolitan sewerage district. Subdistricts must be equal in population, insofar as practicable. A member must reside within the subdistrict from which he or she is elected. Members serve for two-year terms, with the terms of those members representing even-numbered subdistricts expiring in even-numbered years and the terms of those members representing odd-numbered subdistricts expiring in odd-numbered years. Commissioners may be removed from office by a circuit court for cause and are subject to recall in the same manner as is currently provided for municipal elective officers. Vacancies are filled by appointment of the remaining members of the commission until a successor can be chosen at the spring election.

Under current law, the chairperson of the MMSD is elected by the other commissioners for a term specified by MMSD rule, although the chairperson is removable at the pleasure of the commission. Under this bill, the chairperson of the MMSD is elected by the other commissioners for a one-year term, and he or she is still removable during his or her term by a majority vote of the other members of the commission.

The bill provides for the commission to redistrict the subdistricts on a decennial basis. Under the bill, each reapportionment plan must provide for each subdistrict to consist of whole wards or municipalities. In addition, the commission must give due consideration to maintaining the compactness of subdistricts, maintaining the integrity of counties and municipalities within subdistricts, maintaining communities of interest within subdistricts, and fostering politically competitive subdistricts. However, the bill provides for the initial plan of apportionment of the subdistricts within the metropolitan sewerage district to be prescribed by state law pursuant to the recommendations of a special legislative committee which is charged by the bill with recommending an initial apportionment plan to the legislature. The bill provides that the plan is subject to the same standards that apply to a decennial reapportionment plan. Under the bill, the committee consists of ten members, including four members of the majority party within each house and one member of the minority party within each house. Each house must ensure that at least three of its appointees represent legislative districts that are wholly or partially contained within the metropolitan sewerage district. The enacted plan remains in effect until the next decennial census.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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

SB352, s. 1 Section 1. 5.15 (1) (c) of the statutes is amended to read:

SB352,3,11 5.15 (1) (c) The wards established by municipal governing bodies under this section on the basis of the published results of each federal decennial census of population shall govern the adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of the results of the next decennial census of population unless adjusted under sub. (2) (f) 4. or 6., (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the enactment of legislative districts under article IV, section 3, of the constitution on the basis of the most recent decennial census of population.

SB352, s. 2 Section 2. 5.15 (2) (f) 6. of the statutes is created to read:

SB352,3,16 5.15 (2) (f) 6. That part of a metropolitan sewerage district created under s. 200.23 required to create a subdistrict under s. 200.25 (7) (a) that has a population which is, as nearly as practicable, equal to other subdistricts in the metropolitan sewerage district.

SB352, s. 3 Section 3. 5.58 (2m) of the statutes is amended to read:

SB352,4,4 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission in any metropolitan sewerage district created under s. 200.23 and in other districts if commissioners are elected under s. 200.09 (11) (am), with. In districts created under s. 200.23, the ballot shall list the names of the candidates for metropolitan sewerage commissioner from the subdistrict for the ward or election district in which the ballot is used. In other districts, the names of the candidates for different seats shall be listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board, except that in metropolitan sewerage districts created under s. 200.23, arrangement of the names on the ballot shall be determined by the secretary of the metropolitan sewerage district.

SB352, s. 4 Section 4. 5.60 (4m) of the statutes is amended to read:

SB352,4,14 5.60 (4m) Metropolitan sewerage commission. A separate ballot shall list the names of all candidates for the metropolitan sewerage commission seats in metropolitan sewerage districts created under s. 200.23, and in other districts, if commissioners are elected under s. 200.09 (11) (am), except as authorized in s. 5.655. The In districts created under s. 200.23, the ballot shall list the names of the candidates for metropolitan sewerage commissioner from the subdistrict for the ward or election district in which the ballot is used. In other districts, the names of the candidates for the different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

SB352, s. 5 Section 5. 7.10 (1) (a) of the statutes is amended to read:

SB352,4,22 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections in districts created under s. 200.23 and in districts where commissioners are elected under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4) and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the board under s. 7.08 (1) (a).

SB352, s. 6 Section 6. 7.51 (3) (b) of the statutes is amended to read:

SB352,5,5 7.51 (3) (b) For ballots which relate only to municipal or, school district or metropolitan sewerage district offices or referenda, the inspectors, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper and deliver them and the keys therefor to the municipal or school district clerk or the secretary of the metropolitan sewerage commission. The clerk or secretary shall retain the ballots until destruction is authorized under s. 7.23.

SB352, s. 7 Section 7. 7.51 (3) (d) of the statutes is amended to read:

SB352,5,13 7.51 (3) (d) All absentee certificate envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or, school district, or metropolitan sewerage district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB352, s. 8 Section 8. 7.51 (4) (b) of the statutes is amended to read:

SB352,5,20 7.51 (4) (b) The chief inspector, or one of the inspectors appointed by him or her, immediately after the votes are tabulated or counted at each election, shall report the returns of the election to the municipal clerk or to the school district clerk for school district elections, except in 1st class cities, or to the secretary of the metropolitan sewerage district for metropolitan sewerage district elections. The clerk or secretary shall then make the returns public.

SB352, s. 9 Section 9. 7.51 (5) of the statutes is amended to read:

SB352,6,14 7.51 (5) Returns. (a) The inspectors shall make full and accurate return of the votes cast for each candidate and proposition on tally sheet forms provided by the municipal clerk for that purpose. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one inspectors' statement under sub. (4) (a), one tally sheet, and one poll or registration list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda or metropolitan sewerage district offices. The inspectors shall also similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the school district clerk. For metropolitan sewerage district elections, the inspectors shall similarly seal one inspectors' statement, one tally sheet and one poll or registration list for delivery to the secretary of the metropolitan sewerage district. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the municipal clerk.

SB352,6,24 (b) The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists, and envelopes relating to a school district or metropolitan sewerage district election to the school district clerk or secretary of the metropolitan sewerage district. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk by 2 p.m. on the day following each such election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk and secretary shall retain ballots, statements, tally sheets, or envelopes received by the clerk or secretary until destruction is authorized under s. 7.23 (1).

SB352, s. 10 Section 10. 7.53 (3n) of the statutes is created to read:

SB352,7,18 7.53 (3n) Metropolitan sewerage district elections. In each metropolitan sewerage district created under s. 200.23, the secretary of the district shall appoint 2 qualified electors of the district prior to the date of the election being canvassed who shall, with the secretary, constitute the metropolitan sewerage district board of canvassers. The secretary shall designate a deputy who shall perform the secretary's duties as a member of the board of canvassers in the event that the secretary's office is vacant or the secretary cannot perform his or her duties. The canvass shall begin as soon as possible after receipt of the returns and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and shall prepare a determination showing the names of the persons who are elected to the metropolitan sewerage commission. Following each primary election, the board of canvassers shall prepare a statement showing the names of persons who have won nomination to the office of metropolitan sewerage commissioner. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the metropolitan sewerage district office.

SB352, s. 11 Section 11. 7.60 (4) (a) of the statutes is amended to read:

SB352,8,15 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; district attorneys; and metropolitan sewerage commissioners, if in districts created under s. 200.23 or in districts where 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 elections 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.

SB352, s. 12 Section 12. 7.60 (5) (a) of the statutes is amended to read:

SB352,9,8 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board, by 1st class mail, 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, district attorney, and metropolitan sewerage commissioners, if in districts created under s. 200.23 or in districts where 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 elections 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 elections board no later than 7 days after each primary and no later than 10 days after any other 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.

SB352, s. 13 Section 13. 7.70 (3) (d) of the statutes is amended to read:

SB352,9,21 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; district attorney; metropolitan sewerage commission, if in districts created under s. 200.23 or in districts where the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

SB352, s. 14 Section 14. 8.10 (6) (f) of the statutes is created to read:

SB352,9,24 8.10 (6) (f) For metropolitan sewerage commissioners, with the secretary of the metropolitan sewerage district.

SB352, s. 15 Section 15. 8.11 (2g) of the statutes is created to read:

SB352,10,4 8.11 (2g) Metropolitan sewerage commission. A primary shall be held in a metropolitan sewerage district created under s. 200.23 whenever there are more than twice the number of candidates to be elected to the metropolitan sewerage district within any subdistrict.

SB352, s. 16 Section 16. 9.10 (1) (a) of the statutes is amended to read:

SB352,10,11 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, of any congressional, legislative, judicial, or school district, of any subdistrict within a metropolitan sewerage district created under s. 200.23, 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.

SB352, s. 17 Section 17. 9.10 (1) (b) of the statutes is amended to read:

SB352,10,20 9.10 (1) (b) Except as provided in par. (c), a petition for recall of a state, congressional, legislative, judicial or county officer shall be signed by electors equal to at least 25% of the vote cast for the office of governor at the last election within the same district or territory as that of the officeholder being recalled. Except as provided in par. (c), a petition for the recall of a city, village, town, metropolitan sewerage district, or school district officer shall be signed by electors equal to at least 25% of the vote cast for the office of president at the last election within the same district, subdistrict, or territory as that of the officeholder being recalled.

SB352, s. 18 Section 18. 9.10 (2) (d) of the statutes is amended to read:

SB352,11,12 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, metropolitan sewerage 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 on which a petition for the recall of a state, congressional, legislative, judicial or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that on which a petition for the recall of a city, village, town, metropolitan sewerage district, or school district officer may be offered for filing is 5 p.m. on the 30th 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.

SB352, s. 19 Section 19. 9.10 (3) (a) of the statutes is amended to read:

SB352,11,17 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, metropolitan sewerage district, and school district officials. City, village, town, metropolitan sewerage district, and school district officials are recalled under sub. (4).

SB352, s. 20 Section 20. 9.10 (4) (a) of the statutes is amended to read:

SB352,13,2 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, metropolitan sewerage 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 the petition 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 issued by the official or agency 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, the municipal clerk or school district clerk and except with regard to a petition offered for filing against a metropolitan sewerage commissioner, the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a petition filed against a metropolitan sewerage commissioner, 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 offered for filing against a metropolitan sewerage commissioner to be sufficient, the secretary of the metropolitan sewerage district shall file the petition in his or her office and shall transmit a copy of the petition to the metropolitan sewerage commission.

SB352, s. 21 Section 21. 9.10 (4) (d) of the statutes is amended to read:

SB352,13,9 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued under par. (a), the governing body, school board, or board of election commissioners, or metropolitan sewerage commission 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.

SB352, s. 22 Section 22. 9.10 (7) of the statutes is amended to read:

SB352,13,14 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 and, school districts and metropolitan sewerage districts created under s. 200.23.

SB352, s. 23 Section 23. 10.05 of the statutes is amended to read:

SB352,14,4 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and metropolitan sewerage districts. Whenever a notice is required to be published, a village, town or, school district, or metropolitan sewerage district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, school district, or metropolitan sewerage district or whenever the governing body of the village, town or, school district , or metropolitan sewerage district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication, or if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

SB352, s. 24 Section 24. 11.02 (3) of the statutes is amended to read:

SB352,14,10 11.02 (3) Except as provided in sub. subs. (3e) and (9), the "filing officer" for each candidate for local office and for each committee which or individual who is acting in support of or in opposition to any candidate for local office, but not any candidate for state office, is the clerk of the most populous jurisdiction for which any candidate who is supported or opposed seeks office.

SB352, s. 25 Section 25. 11.02 (9) of the statutes is created to read:

SB352,14,13 11.02 (9) If the jurisdiction under sub. (3) is a metropolitan sewerage district, the appropriate clerk is the secretary of the metropolitan sewerage district.

SB352, s. 26 Section 26. 11.26 (1) (d) 2. of the statutes is amended to read:

SB352,14,18 11.26 (1) (d) 2. One cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district or subdistrict is based, as certified by the appropriate filing officer, but not more than $3,000.

SB352, s. 27 Section 27. 11.26 (2) (e) 2. of the statutes is amended to read:

SB352,14,23 11.26 (2) (e) 2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district, or subdistrict is based, as certified by the appropriate filing officer, but not more than $2,500.

SB352, s. 28 Section 28. 11.31 (1) (g) 1. d. of the statutes is created to read:

SB352,15,2 11.31 (1) (g) 1. d. Candidates for metropolitan sewerage commissioner, $17,250.

SB352, s. 29 Section 29. 17.01 (11n) of the statutes is created to read:

SB352,15,8 17.01 (11n) By a member of the metropolitan sewerage commission, to the secretary of the metropolitan sewerage district. The secretary shall immediately give a copy of each resignation under this subsection to the elections board and to the county and municipal clerk or board of election commissioners of each county and municipality that has territory within the district.

SB352, s. 30 Section 30. 17.13 (intro.) of the statutes is amended to read:

SB352,15,14 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and metropolitan sewerage district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and , family care districts, and metropolitan sewerage districts created under s. 200.23 may be removed as follows:

SB352, s. 31 Section 31. 17.13 (3) of the statutes is amended to read:

SB352,15,21 17.13 (3) All officers. Any officer of a village, town, town sanitary district, school district or, technical college district officer, or metropolitan sewerage district created under s. 200.23, elective or appointive, including those embraced within subs. (1) and (2), by the a judge of the circuit court of the a circuit wherein the village, town, town sanitary district, school district or, technical college district, or metropolitan sewerage district is situated, for cause.