LRB-5804/1
MPG:emw
2023 - 2024 LEGISLATURE
April 11, 2024 - Introduced by Representatives J. Anderson, Snodgrass and
Stubbs, cosponsored by Senators Larson and Spreitzer. Referred to
Committee on Campaigns and Elections.
AB1214,1,4 1An Act to amend 8.05 (1) (a), 8.05 (3) (a), 8.05 (4) (a), 8.05 (4) (b), 8.10 (2) (a), 8.11
2(1m) (c), 8.50 (4) (f) 1., 8.50 (4) (f) 2., 11.1111 (1) (a) 1., 17.21 (3), 17.21 (5), 17.245,
317.25 (1) (d) and 59.10 (3) (e) of the statutes; relating to: the first date on which
4nomination papers may be circulated for the spring election.
Analysis by the Legislative Reference Bureau
Under current law, the first date on which nomination papers may be circulated
for the spring election is the December 1 preceding the election. The spring election
is the election held on the first Tuesday in April to elect nonpartisan judicial,
educational, and local officers. The presidential preference primary is also held at
the spring election. Nomination papers for the spring election must generally be filed
no later than 5 p.m. on the first Tuesday in January preceding the election.
This bill changes the first date on which nomination papers may be circulated
for the spring election to the November 16 preceding the election. The bill makes a
similar change to a number of other provisions of law with dates that track with that
date.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1214,1 5Section 1. 8.05 (1) (a) of the statutes is amended to read:
AB1214,2,5
18.05 (1) (a) When nomination papers are not used, there shall be a caucus to
2nominate candidates. The governing body shall between December 1 November 16
3and January 1 decide the date of the caucus. The date of the caucus may be
4established between January 2 and January 21. When possible, preference should
5be given to having the caucus on January 21.
AB1214,2 6Section 2. 8.05 (3) (a) of the statutes is amended to read:
AB1214,2,137 8.05 (3) (a) In lieu of sub. (1), the electors either by referendum or at the town
8meeting may provide for nomination of elective town office candidates at a
9nonpartisan primary conducted as provided in sub. (5). The nomination papers shall
10be signed by not less than 20 nor more than 100 electors of the town. The nomination
11papers shall be circulated not sooner than December 1 November 16 preceding the
12election and shall be filed with the town clerk not later than 5 p.m. the first Tuesday
13in January, or the next day if Tuesday is a holiday.
AB1214,3 14Section 3. 8.05 (4) (a) of the statutes is amended to read:
AB1214,2,2315 8.05 (4) (a) If a primary is provided for the nomination of candidates for elective
16village offices under s. 8.11 (1m) (b) or (c), candidates for those offices shall file
17nomination papers. In any other case, a majority of the governing body of any village
18may provide that candidates for elective village office shall be nominated by
19nomination papers. Determination of the governing body to provide for nomination
20of candidates by nomination papers shall be made not later than December 1
21November 16 preceding the election. If nomination by nomination papers is not
22provided for under this paragraph and no primary is provided for under s. 8.11 (1m)
23(b) or (c), a village shall nominate candidates by caucus.
AB1214,4 24Section 4. 8.05 (4) (b) of the statutes is amended to read:
AB1214,3,5
18.05 (4) (b) Nomination papers shall be signed by not less than 20 nor more
2than 100 electors of the village. The papers shall be circulated not sooner than
3December 1 November 16 preceding the election and shall be filed with the village
4clerk not later than 5 p.m. the first Tuesday in January, or the next day if Tuesday
5is a holiday.
AB1214,5 6Section 5. 8.10 (2) (a) of the statutes is amended to read:
AB1214,3,217 8.10 (2) (a) Nomination papers for offices to be filled at the spring election may
8be circulated no sooner than December 1 November 16 preceding the election and
9may be filed no later than 5 p.m. on the first Tuesday in January preceding the
10election, or the next day if Tuesday is a holiday, except as authorized in this
11paragraph. If an incumbent fails to file nomination papers and a declaration of
12candidacy by the time prescribed in this paragraph, all candidates for the office held
13by the incumbent, other than the incumbent, may file nomination papers no later
14than 72 hours after the latest time prescribed in this paragraph. No extension of the
15time for filing nomination papers applies if the incumbent files written notification
16with the filing officer or agency with whom nomination papers are filed for the office
17which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the
18latest time prescribed in this paragraph for filing nomination papers, that the
19incumbent is not a candidate for reelection to his or her office, and the incumbent
20does not file nomination papers for that office within the time prescribed in this
21paragraph.
AB1214,6 22Section 6. 8.11 (1m) (c) of the statutes is amended to read:
AB1214,4,223 8.11 (1m) (c) Whenever the electors of a village, equal to at least 10 percent of
24the vote for governor in a village at the last general election, file a petition conforming
25to the requirements of s. 8.40 with the village clerk requesting a primary no later

1than December 1 November 16 preceding the spring election, there shall be a
2primary for any specific election.
AB1214,7 3Section 7. 8.50 (4) (f) 1. of the statutes is amended to read:
AB1214,4,184 8.50 (4) (f) 1. Except as provided in subds. 2. and 3., a vacancy in the office of
5justice, court of appeals judge or circuit judge occurring in any year after the date of
6the spring election and on or before December 1 November 16 shall be filled, if in the
7office of circuit judge, at the succeeding spring election; if in the office of court of
8appeals judge, at the first succeeding spring election when no other court of appeals
9judge is to be elected from the same court of appeals district; or, if in the office of
10justice, at the first succeeding spring election when no other justice is to be elected.
11A vacancy in the office of justice, court of appeals judge or circuit judge occurring
12after December 1 November 16 and on or before the date of the succeeding spring
13election shall be filled, if in the office of circuit judge, at the 2nd succeeding spring
14election; if in the office of court of appeals judge, at the first spring election, beginning
15with the 2nd succeeding spring election, when no other court of appeals judge is to
16be elected from the same court of appeals district; or, if in the office of justice, at the
17first spring election, beginning with the 2nd succeeding spring election, when no
18other justice is to be elected.
AB1214,8 19Section 8. 8.50 (4) (f) 2. of the statutes is amended to read:
AB1214,4,2520 8.50 (4) (f) 2. If a vacancy in the office of justice, court of appeals judge or circuit
21judge occurs after December 1 November 16 and on or before the date of the
22succeeding spring election as the result of the resignation of the incumbent, if an
23election for that seat is scheduled to be held at the succeeding spring election and if
24the incumbent is not a candidate to succeed himself or herself, the vacancy shall be
25filled at the regularly scheduled election.
AB1214,9
1Section 9. 11.1111 (1) (a) 1. of the statutes is amended to read:
AB1214,5,32 11.1111 (1) (a) 1. The period beginning on December 1 November 16 and ending
3on the date of the spring election.
AB1214,10 4Section 10. 17.21 (3) of the statutes is amended to read:
AB1214,5,175 17.21 (3) County clerk, treasurer, and surveyor. In the office of county clerk,
6treasurer, or surveyor, by appointment by the county board for the residue of the
7unexpired term unless a special election is ordered by the county board, in which case
8the person appointed shall serve until his or her successor is elected and qualified.
9The county board may, if a vacancy occurs before June 1 in the year preceding
10expiration of the term of office, order a special election to fill the vacancy. If the
11county board orders a special election during the period beginning on June 1 and
12ending on November 30 November 15 of any year, the special election shall be held
13concurrently with the succeeding spring election. If the county board orders a special
14election during the period beginning on December 1 November 16 and ending on
15May 31 of the succeeding year, the special election shall be held on the Tuesday after
16the first Monday in November following the date of the order. A person so elected
17shall serve for the residue of the unexpired term.
AB1214,11 18Section 11. 17.21 (5) of the statutes is amended to read:
AB1214,6,719 17.21 (5) Supervisors, populous counties. In the office of county supervisor
20of counties having a population of at least 750,000, according to the last U.S. census,
21by election for the residue of the unexpired term on the first Tuesday of April next
22after the vacancy happens, in case it happens no later than December 1 November
2316
preceding the first Tuesday in April, but if the vacancy happens after December
241
November 16 preceding the first Tuesday in April, then such successor shall be
25elected on the first Tuesday of April of the next ensuing year; but no election to fill

1a vacancy in the office may be held at the time of holding the regular election for such
2office. In addition to the elections required under this subsection, the county
3executive may order a special election to be held under s. 8.50 to fill the vacancy. If
4an assembly district in the county is altered by legislative redistricting effective prior
5to the end of an existing supervisor term and a vacancy happens, the person elected
6to fill that vacancy for the residue of the unexpired term shall be an elector of the
7assembly district as it existed prior to redistricting.
AB1214,12 8Section 12. 17.245 of the statutes is amended to read:
AB1214,6,16 917.245 New city, village or town office, filling. Whenever an elective office
10is created in a city, village or town pursuant to law or ordinance, the office shall not
11be deemed vacant until it has first been filled by the electorate, except that if a city,
12village or town enacts an ordinance or bylaw creating a municipal court under s.
13755.01 before the December 1 November 16 preceding the spring election the office
14of municipal judge for that court shall be considered vacant and a temporary
15appointment may be made by the city, village or town governing body pending the
16election of the initial elected occupant of the office.
AB1214,13 17Section 13. 17.25 (1) (d) of the statutes is amended to read:
AB1214,7,218 17.25 (1) (d) Any town board having more than 3 members may, if a vacancy
19in the office of supervisor occurs before June 1 in the year preceding expiration of the
20term of office, order a special election to fill the vacancy. If the town board orders a
21special election during the period beginning on June 1 and ending on November 30
22November 15 of any year, the special election shall be held concurrently with the
23succeeding spring election. If the town board orders a special election during the
24period beginning on December 1 November 16 and ending on May 31 of the
25succeeding year, the special election shall be held on the Tuesday after the first

1Monday in November following the date of the order. A person so elected shall serve
2for the residue of the unexpired term.
AB1214,14 3Section 14. 59.10 (3) (e) of the statutes is amended to read:
AB1214,7,174 59.10 (3) (e) Vacancies. If a vacancy occurs on the board, the board chairperson,
5with the approval of the board, shall appoint a person who is a qualified elector and
6resident of the supervisory district to fill the vacancy. The successor shall serve for
7the unexpired portion of the term to which the person is appointed, unless the board
8orders a special election to fill the vacancy, in which case the person appointed shall
9serve until his or her successor is elected and qualified. The board may, if a vacancy
10occurs before June 1 in the year preceding expiration of the term of office, order a
11special election to fill the vacancy. If the board orders a special election during the
12period beginning on June 1 and ending on November 30 November 15 of any year,
13the special election shall be held concurrently with the succeeding spring election.
14If the board orders a special election during the period beginning on December 1
15November 16 and ending on May 31 of the succeeding year, the special election shall
16be held on the Tuesday after the first Monday in November following the date of the
17order. A person so elected shall serve for the residue of the unexpired term.
AB1214,7,1818 (End)
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