AB196,9,224 7.53 (3) (a) In a common, union high or unified school district, the school district
25clerk shall appoint 2 qualified electors of the school district prior to the date of the

1election being canvassed who shall, with the school district clerk, constitute the
2school district board of canvassers. If the school district clerk is a candidate at the
3election being canvassed, the other 2 members of the board of canvassers shall
4designate a 3rd member to serve in lieu of the clerk for that election. The school
5district clerk shall appoint a member to fill any other temporary vacancy on the board
6of canvassers. The canvass shall begin as soon as possible after receipt of the returns,
7and shall continue, without adjournment, until completed. The board of canvassers
8may return defective returns to the municipal board of canvassers in the manner
9provided in s. 7.60 (3). The board of canvassers shall prepare a written statement
10showing the numbers of votes cast for each person for each office and, but not
11including any person who receives only write-in votes for an office and who has not
12filed a timely declaration of candidacy under s. 8.21 for that office, except that a
13person who receives only write-in votes for an office shall be included if there are no
14candidates whose names appear on the ballot for that office or if there appears on the
15ballot the name of a deceased candidate for that office. The board of canvassers shall
16not certify or determine that a write-in candidate has won nomination or election
17whenever votes are not permitted to be recorded for that candidate. The statement
18shall also show the numbers of votes cast
for and against each question and. The
19board of canvassers
shall also prepare a determination showing the names of the
20persons who are elected to the school board and the results of any school district
21referendum. Following each primary election, the board of canvassers shall prepare
22a statement certifying the names of the persons who have won nomination to the
23school board. Each statement and determination shall be attested by each of the
24canvassers. The board of canvassers shall file each statement and determination in
25the school district office. The school district clerk shall certify nominations after each

1primary and issue certificates of election to persons who are elected to the school
2board after each election in the manner provided in sub. (4).
AB196, s. 12 3Section 12. 7.60 (4) (a) of the statutes is amended to read:
AB196,9,254 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
5showing the numbers of votes cast for the offices of president and vice president; state
6officials; U.S. senators and representatives in congress; state legislators; justice;
7court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
8commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
9municipal judge elected under s. 755.01 (4) serves a municipality that is located
10partially within the county and candidates for that judgeship file nomination papers
11in another county, the board of canvassers shall prepare a duplicate statement
12showing the numbers of votes cast for that judgeship in that county for transmittal
13to the other county. For partisan candidates, the statements shall include the
14political party or principle designation, if any, next to the name of each candidate.
15The board of canvassers shall also prepare a statement showing the results of any
16county, technical college district or statewide referendum. Each statement shall
17state show the total number of votes cast in the county for each office; the names of
18all persons for whom the votes were cast, as returned; and the number of votes cast
19for each person; and, but not including any person who receives only write-in votes
20for an office and who has not filed a timely declaration of candidacy under s. 8.21 for
21that office, except that a person who receives only write-in votes for an office shall
22be included if there are no candidates whose names appear on the ballot for that office
23or if there appears on the ballot the name of a deceased candidate for that office. The
24statement shall also show
the number of votes cast for and against any question
25submitted at a referendum. The board of canvassers shall use one copy of each

1duplicate statement to report to the elections board, technical college district board
2or board of canvassers of any other county and shall file the other statement in the
3office of the county clerk or board of election commissioners.
AB196, s. 13 4Section 13. 7.60 (4) (b) of the statutes is amended to read:
AB196,10,175 7.60 (4) (b) The board of canvassers shall then prepare a written
6determination, in duplicate where necessary, giving the names of the persons elected
7to any county office and to any municipal judgeship if the judge is elected under s.
8755.01 (4) and candidates for that judgeship file nomination papers in that county.
9The board of canvassers shall likewise prepare a written determination showing the
10results of any county referendum. Following any primary election, the board of
11canvassers shall prepare a statement certifying the names of all persons who have
12won nomination to any county office or any municipal judgeship, if the judge is
13elected under s. 755.01 (4) and candidates for that judgeship file nomination papers
14in that county. The board of canvassers shall not certify or determine that a write-in
15candidate has won nomination or election whenever votes are not permitted to be
16recorded for that candidate.
The board of canvassers shall file all statements and
17determinations in the office of the county clerk or board of election commissioners.
AB196, s. 14 18Section 14. 7.60 (4) (c) of the statutes is amended to read:
AB196,11,819 7.60 (4) (c) In preparing the statements and determinations, the board of
20canvassers shall carefully review the tally sheets and inspectors' statement. The
21board of canvassers may shall omit the names of individuals whose names do not
22appear on the ballot and who receive a comparatively small number of votes. The
23board of canvassers shall
name of any write-in candidate who has not filed a timely
24declaration of candidacy under s. 8.21 for the office for which the candidate receives
25votes, and
designate votes received by such individuals the candidate as scattering

1votes, unless there are no candidates whose names appear on the ballot for that office
2or unless there appears on the ballot for that office the name of a deceased candidate
.
3The board of canvassers shall append to each statement and determination a
4tabulation of the votes cast at each election district, ward or combination of wards
5authorized under s. 5.15 (6) (b) in the county for each office and each individual,
6whether the votes are canvassed or not, as well as the total canvassed votes cast for
7each individual and each office, except where scattering votes are designated. If any
8votes are rejected, the board of canvassers shall specify the reasons therefor.
AB196, s. 15 9Section 15. 7.70 (3) (f) of the statutes is amended to read:
AB196,11,1810 7.70 (3) (f) The statements shall show the persons' names receiving votes, and
11any referenda questions; the whole number of votes given to each; and an individual
12listing by the districts or counties in which they were given. The names of persons
13not regularly nominated who received only a comparatively small number of votes
14may
name of any write-in candidate who has not filed a timely declaration of
15candidacy under s. 8.21 for the office for which the candidate receives votes shall
be
16omitted and their the votes cast for that candidate designated as scattering votes,
17unless there are no candidates whose names appear on the ballot for that office or
18unless there appears on the ballot for that office the name of a deceased candidate
.
AB196, s. 16 19Section 16. 7.70 (3) (g) of the statutes is amended to read:
AB196,12,720 7.70 (3) (g) Following each primary election, the chairperson of the board or the
21chairperson's designee shall prepare a statement certifying the results of the
22primary, which shall indicate the names of the persons who have won nomination to
23any state or national office. Following each other election, the chairperson of the
24board or the chairperson's designee shall prepare a statement certifying the results
25of the election and shall attach to the statement a certificate of determination which

1shall indicate the names of persons who have been elected to any state or national
2office. The chairperson of the board or the chairperson's designee shall likewise
3prepare a statement and certificate for any statewide referendum. The chairperson
4or chairperson's designee shall not certify or determine that a write-in candidate has
5won nomination or election whenever votes are not permitted to be recorded for that
6candidate.
The chairperson of the board or the chairperson's designee shall deliver
7each statement and determination to the board.
AB196, s. 17 8Section 17. 8.05 (5) of the statutes is amended to read:
AB196,12,199 8.05 (5) When primary is held. Towns and villages adopting the nonpartisan
10primary to nominate candidates, under subs. (3) and (4), shall hold a primary only
11when the number of candidates, other than write-in candidates, for an elective office
12in the municipality exceeds twice the number to be elected to the office. A primary
13for the office of municipal judge under s. 755.01 (4) shall be held whenever there are
14more than 2 candidates, other than write-in candidates, for that office. Those offices
15for which a primary has been held shall have only the names of candidates
16nominated at the primary appear on the official spring election ballot. When the
17number of candidates, other than write-in candidates, for an office does not exceed
18twice the number to be elected, their names shall appear on the official ballot for the
19election without a primary.
AB196, s. 18 20Section 18. 8.11 (1) (b) and (d), (2), (2m) and (5) of the statutes are amended
21to read:
AB196,12,2422 8.11 (1) (b) Any city may provide by charter ordinance, under s. 66.0101, that
23whenever 3 or more candidates, other than write-in candidates, file nomination
24papers for a city office, a primary to nominate candidates for the office shall be held.
AB196,13,4
1(d) When the number of candidates, other than write-in candidates, for any
2city office does not exceed twice the number to be elected to the office, no primary may
3be held for the office and the candidates' names shall appear on the ballot for the
4ensuing election.
AB196,13,8 5(2) Milwaukee County. A primary shall be held in counties having a population
6of 500,000 or more whenever there are more than twice the number of candidates,
7other than write-in candidates,
to be elected to any judicial office within the county
8or to the county board of supervisors from any one district.
AB196,13,12 9(2m) First class city school board. A primary shall be held in 1st class cities
10whenever there are more than 2 candidates, other than write-in candidates, for
11member of the board of school directors at-large or from any election district in any
12year.
AB196,13,15 13(5) County supervisors. A primary shall be held in an election for county board
14supervisor whenever 3 or more candidates, other than write-in candidates, file
15nomination papers.
AB196, s. 19 16Section 19. 8.185 (2) of the statutes is amended to read:
AB196,14,517 8.185 (2) Any candidates for the office of president and vice president of the
18United States as write-in candidates shall file a list of presidential electors and with
19the board
a declaration of candidacy in the manner prescribed in s. 8.21 with the
20board no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general
21election to choose the president and vice president of the United States
and, together
22with the declaration of candidacy, a list of presidential electors
. The list shall contain
23one presidential elector from each congressional district and 2 electors from the state
24at large and the names of the candidates for president and vice president for whom
25they intend to vote, if elected. Compliance with this subsection may be waived by the

1board but only if the results of the general election indicate that a write-in candidate
2for the office of president is eligible to receive the electoral votes of this state except
3for noncompliance with this subsection. In such event, the write-in candidate shall
4have until 4:30 p.m. on the Friday following the general election to comply with the
5filing requirements of this subsection.
AB196, s. 20 6Section 20. 8.21 of the statutes is amended to read:
AB196,15,12 78.21 Declaration of candidacy. Each candidate, except a write-in candidate
8or a
candidate for presidential elector under s. 8.20 (2) (d), shall file a declaration of
9candidacy, no later than the latest time provided for filing nomination papers under
10s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16
11(2) or 8.35 (2) (c). A write-in candidate may file a declaration of candidacy no later
12than 5 p.m. on the 7th day before the primary or other election at which the candidate
13seeks office.
A candidate shall file the declaration with the officer or agency with
14which nomination papers are filed for the office which the candidate seeks, or if
15nomination papers are not required, with the clerk or board of election
16commissioners of the jurisdiction in which the candidate seeks office. The
17declaration shall be sworn to before any officer authorized to administer oaths. The
18declaration shall contain the name of the candidate in the form specified under s.
198.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for
20candidates for partisan office, and shall state that the signer is a candidate for a
21named office, that he or she meets or will at the time he or she assumes office meet
22applicable age, citizenship, residency or voting qualification requirements, if any,
23prescribed by the constitutions and laws of the United States and of this state, and
24that he or she will otherwise qualify for office if nominated and elected. The Except
25in the case of a write-in candidate, the
declaration shall include the candidate's

1name in the form in which it will appear on the ballot. Each candidate for state and
2local office shall include in the declaration a statement that he or she has not been
3convicted of any misdemeanor designated under state or federal law as a violation
4of the public trust or any felony for which he or she has not been pardoned. In
5addition, each candidate for state or local office shall include in the declaration a
6statement that discloses his or her municipality of residence for voting purposes, and
7the street and number, if any, on which the candidate resides. The declaration is
8valid with or without the seal of the officer who administers the oath. A candidate
9for state or local office shall file an amended declaration under oath with the same
10officer or agency if any information contained in the declaration changes at any time
11after the original declaration is filed and before the candidate assumes office or is
12defeated for election or nomination.
AB196, s. 21 13Section 21. 117.22 (2) (d) of the statutes is amended to read:
AB196,16,514 117.22 (2) (d) At least 12 weeks prior to the date of the election, the school
15district clerk shall publish a type A notice of the school board election, under s. 10.01
16(2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified
17elector of the school district created by the reorganization, other than a write-in
18candidate as defined in s. 5.02 (26),
may file with the school district clerk a sworn
19declaration of candidacy for the school board and, if required, nomination papers, as
20provided under s. 120.06 (6) (b). A write-in candidate may file a declaration of
21candidacy no later than 5 p.m. on the 7th day before the primary or other election at
22which the candidate seeks office.
For purposes of this paragraph, a candidate who
23resides in the territory of the school district created pursuant to a reorganization
24under s. 117.105 and is otherwise a qualified elector shall be considered a qualified
25elector for a school board election under par. (bm). A candidate shall file an amended

1declaration with the school district clerk as provided in s. 120.06 (6) (b) 5. Within 8
2days after the first election in the newly created school district, the school district
3clerk shall notify the successful candidates of their election. On the 2nd Tuesday
4following the election, the clerk shall administer or receive the official oath and the
5newly elected members shall take office.
AB196, s. 22 6Section 22. 120.06 (6) (b) 2. of the statutes is amended to read:
AB196,16,197 120.06 (6) (b) 2. Except as authorized in this paragraph, no later than 5 p.m.
8on the first Tuesday in January prior to the spring election, or on the next day if
9Tuesday is a holiday, any qualified elector of the school district , other than a write-in
10candidate as defined in s. 5.02 (26),
may file a sworn declaration of candidacy with
11the school district clerk in the form provided in s. 8.21 at the place specified in the
12notice. A write-in candidate may file a declaration of candidacy no later than 5 p.m.
13on the 7th day before the primary or other election at which the candidate seeks
14office.
If the school district contains territory lying within a 2nd class city, or if the
15school board or annual meeting requires nomination papers under par. (a), any
16qualified elector of the school district who desires to be a candidate , other than a
17write-in candidate,
shall in addition file nomination papers in the form prescribed
18under s. 8.10 (2) and (3) with the school district clerk at the place specified in the
19notice.
AB196, s. 23 20Section 23. 120.06 (6) (b) 3. of the statutes is amended to read:
AB196,17,721 120.06 (6) (b) 3. If an incumbent fails to file a declaration of candidacy, and
22nomination papers, where required, within the time prescribed by this paragraph,
23all candidates for the office held by the incumbent, other than the incumbent and any
24write-in candidate as defined in s. 5.02 (26)
, may file a declaration of candidacy and
25nomination papers, where required, no later than 72 hours after the latest time

1prescribed in this paragraph. No extension of the time for filing a declaration of
2candidacy or nomination papers applies if the incumbent files written notification
3with the school district clerk, no later than 5 p.m. on the 2nd Friday preceding the
4latest time prescribed in this paragraph for filing declarations of candidacy, that the
5incumbent is not a candidate for reelection to his or her office, and the incumbent
6does not file a declaration of candidacy for that office within the time prescribed in
7this paragraph.
AB196, s. 24 8Section 24. 120.06 (7) (a) of the statutes is amended to read:
AB196,17,169 120.06 (7) (a) No later than 5 p.m. on the 2nd Tuesday in January, the school
10district clerk shall verify the declarations of candidacy and certify the names of
11candidates who have filed valid nomination papers, where required, and who qualify
12for office. In making verifications or certifications, the school district clerk shall
13designate the form of each candidate's name to appear on the ballot in the manner
14prescribed in s. 7.08 (2) (a). Once filed, a declaration of candidacy or nomination
15papers may not be withdrawn. This paragraph does not apply to write-in candidates
16as defined in s. 5.02 (26).
AB196, s. 25 17Section 25. 120.06 (7) (b) of the statutes is amended to read:
AB196,18,418 120.06 (7) (b) The school board shall require a primary election if there are
19more than 2 candidates, other than write-in candidates as defined in s. 5.02 (26), for
20any seat on a 3-member board or more than twice as many candidates , other than
21write-in candidates,
as there are members to be elected to an unnumbered school
22board of more than 3 members. In school districts in which a plan of apportionment
23of school board members under s. 120.02 (2) or a plan for election of school board
24members to numbered seats has been adopted, the school board shall require a
25primary election for particular apportioned areas for which there are more than

1twice as many candidates, other than write-in candidates, as there are members to
2be elected and for any numbered seat for which there are more than 2 candidates,
3other than write-in candidates
. When there is a primary election it shall be held in
4conjunction with the spring primary.
AB196, s. 26 5Section 26. 120.06 (8) (dm) of the statutes is created to read:
AB196,18,116 120.06 (8) (dm) Whenever a write-in candidate, as defined in s. 5.02 (26), files
7a timely declaration of candidacy with the clerk, immediately notify the municipal
8clerk or board of election commissioners of each municipality in the school district
9of the name of the candidate and the office that the candidate seeks, unless there are
10no candidates whose names appear on the ballot for that office or unless there
11appears on the ballot the name of a deceased candidate for that office.
AB196, s. 27 12Section 27. Initial applicability.
AB196,18,1313 (1) This act first applies with respect to the 2006 spring primary election.
AB196,18,1414 (End)
Loading...
Loading...