8.10(3)(c)
(c) For judicial offices in counties over 500,000 population, not less than 1,000 nor more than 2,000 electors.
8.10(3)(cm)
(cm) For county executives in counties over 500,000 population, not less than 2,000 nor more than 4,000 electors.
8.10(3)(d)
(d) For county executives in counties between 100,000 and 500,000 population, not less than 500 nor more than 1,000 electors.
8.10(3)(e)
(e) For county executives in counties under 100,000 population, not less than 200 nor more than 400 electors.
8.10(3)(f)
(f) For supervisors in counties over 500,000 population, not less than 200 nor more than 400 electors.
8.10(3)(g)
(g) For supervisors in counties between 100,000 and 500,000 population, not less than 100 nor more than 200 electors, except as provided in
sub. (3m).
8.10(3)(h)
(h) For supervisors in counties under 100,000 population, not less than 20 nor more than 100 electors.
8.10(3)(hm)
(hm) For members of the metropolitan sewerage commission in districts over 1,000,000 population, not less than 1,000 nor more than 2,000 electors, in districts over 200,000 but not over 1,000,000 population, not less than 200 nor more than 400 electors, and in districts not over 200,000 population, not less than 100 nor more than 200 electors.
8.10(3)(i)
(i) For city offices in 1st class cities, not less than 1,500 nor more than 3,000 electors for city-wide offices, not less than 200 nor more than 400 electors for alderpersons elected from aldermanic districts and not less than 400 nor more than 800 electors for members of the board of school directors elected from election districts.
8.10(3)(j)
(j) For city offices in 2nd and 3rd class cities, not less than 200 nor more than 400 electors for city-wide offices and not less than 20 nor more than 40 electors for alderpersons elected from aldermanic districts.
8.10(3)(k)
(k) For city offices in 4th class cities, not less than 50 nor more than 100 for city-wide offices and not less than 20 nor more than 40 electors for alderpersons elected from aldermanic districts.
8.10(3)(km)
(km) For school district officer in any school district which contains territory lying within a 2nd class city, not less than 100 nor more than 200 electors.
8.10(3)(ks)
(ks) For school district officer in any school district which does not contain territory lying within a 1st or 2nd class city, if nomination papers are required under
s. 120.06 (6) (a), not less than 20 nor more than 100 electors.
8.10(3)(L)
(L) For other offices, not less than 20 nor more than 100 electors.
8.10(3m)
(3m) The county board of any county having a population of at least 100,000 but not more than 500,000 may provide by ordinance that the number of required signatures on nomination papers for the office of county supervisor in the county is not less than 50 nor more than 200 electors. A county that enacts such an ordinance may repeal the ordinance at a later date. Any ordinance changing the number of signatures under this subsection takes effect on November 15 following enactment of the ordinance.
8.10(4)(a)(a) All signers on each nomination paper shall reside in the jurisdiction or district which the candidate named on the paper will represent, if elected.
8.10(4)(b)
(b) Only one signature per person for the same office is valid. In addition to his or her signature, each signer of a nomination paper shall list his or her municipality of residence for voting purposes, the street and number, if any, on which the signer resides, and the date of signing.
8.10(5)
(5) Nomination papers shall be accompanied by a declaration of candidacy under
s. 8.21. If a candidate 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 candidate for state office or municipal judge 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. (2) (a), 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. (2) (a).
8.10(6)
(6) Nomination papers shall be filed:
8.10(6)(a)
(a) For state offices or seats on a metropolitan sewerage commission, if the commissioners are elected under
s. 200.09 (11) (am), in the office of the board.
8.10(6)(b)
(b) For county offices, in the office of the county clerk or board of election commissioners.
8.10(6)(bm)
(bm) For municipal judge, if the judge is elected under
s. 755.01 (4), in the office of the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.
8.10(6)(c)
(c) For city offices and other offices voted for exclusively within the municipality, except the office of county supervisor, in the office of the municipal clerk or board of election commissioners.
8.10(6)(d)
(d) For school district offices to be voted for within more than one municipality, with the person designated by the school board as the filing official for their school district.
8.10 History
History: 1971 c. 304 s.
29 (1), (2);
1973 c. 280;
1973 c. 334 s.
57;
1975 c. 93,
328,
422;
1977 c. 187,
340,
427,
445,
449;
1979 c. 221,
249,
260,
355;
1983 a. 484;
1985 a. 89,
304;
1989 a. 88,
290;
1993 a. 140,
184,
266;
1995 a. 16 s.
2;
1999 a. 150 s.
672;
1999 a. 182;
2001 a. 103.
8.10 Cross-reference
Cross Reference: See also ss. ElBd 2.05, 2.07, and 6.04, Wis. adm. code.
8.10 Annotation
A petitioner who timely filed with the county clerk rather than with the elections board under sub. (6) (a) is barred from the ballot. State ex rel. Ahlgrimm v. State Elections Board,
82 Wis. 2d 585,
263 N.W.2d 152 (1978).
8.11
8.11
Spring primary. 8.11(1)(a)(a) A primary may be held in any city for the nomination of candidates for city office. When a majority of all the members of the governing body of a city decide upon a spring primary for any specific election, they shall so provide not later than 3 days after the deadline for filing nomination papers.
8.11(1)(b)
(b) Any city may provide by charter ordinance, under
s. 66.0101, that whenever 3 or more candidates file nomination papers for a city office, a primary to nominate candidates for the office shall be held.
8.11(1)(c)
(c) Whenever electors, equal to at least 10% of the vote for governor in the city at the last general election, file a petition conforming to the requirements of
s. 8.40 with the city clerk requesting a primary within 3 days after the deadline for filing nomination papers, there shall be a primary for any specific election.
8.11(1)(d)
(d) When the number of candidates for any city office does not exceed twice the number to be elected to the office, no primary may be held for the office and the candidates' names shall appear on the ballot for the ensuing election.
8.11(2)
(2) Milwaukee County. A primary shall be held in counties having a population of 500,000 or more whenever there are more than twice the number of candidates to be elected to any judicial office within the county or to the county board of supervisors from any one district.
8.11(2m)
(2m) First class city school board. A primary shall be held in 1st class cities whenever there are more than 2 candidates for member of the board of school directors at-large or from any election district in any year.
8.11(3)
(3) State. A primary shall be held if more than 2 candidates file nomination papers for the office of state superintendent, for justice, for court of appeals judge in the same district or for judge of the same branch of circuit court.
8.11(4)
(4) Primary exclusive. Those offices for which a primary has been held shall have only the names of candidates nominated at the primary appear on the official spring election ballot.
8.11(5)
(5) County supervisors. A primary shall be held in an election for county board supervisor whenever 3 or more candidates file nomination papers.
8.11 Cross-reference
Cross Reference: See also ss. ElBd 2.05 and 2.07, Wis. adm. code.
8.12
8.12
Presidential preference vote. 8.12(1)
(1)
Selection of names for ballot. 8.12(1)(a)(a) No later than 5 p.m. on the 3rd Tuesday in November, or the next day if Tuesday is a holiday, of the year before each year in which electors for president and vice president are to be elected, the state chairperson of each recognized political party listed on the official ballot at the last gubernatorial election whose candidate for governor received at least 10% of the total votes cast for that office may certify to the board that the party will participate in the presidential preference primary. For each party filing such a certification, the voters of this state shall at the spring primary be given an opportunity to express their preference for the person to be the presidential candidate of that party.
8.12(1)(b)
(b) On the 2nd Tuesday in December of the year before each year in which electors for president and vice president are to be elected, there shall be convened in the capitol a committee consisting of, for each party filing a certification under this subsection, the state chairperson of that state party organization or the chairperson's designee, one national committeeman and one national committeewoman designated by the state chairperson; the speaker and the minority leader of the assembly or their designees, and the president and the minority leader of the senate or their designees. All designations shall be made in writing to the board. This committee shall organize by selecting an additional member who shall be the chairperson and shall determine, and certify to the board, no later than on the Friday following the date on which the committee convenes under this paragraph, the names of all candidates of the political parties represented on the committee for the office of president of the United States. The committee shall place the names of all candidates whose candidacy is generally advocated or recognized in the national news media throughout the United States on the ballot, and may, in addition, place the names of other candidates on the ballot. The committee shall have sole discretion to determine that a candidacy is generally advocated or recognized in the national news media throughout the United States.
8.12(1)(c)
(c) No later than 5 p.m. on the first Tuesday in January of each presidential election year, any person seeking the nomination by the national convention of a political party filing a certification under this subsection for the office of president of the United States, or any committee organized in this state on behalf of and with the consent of such person, may submit to the board a petition to have the person's name appear on the presidential preference ballot. The petition may be circulated no sooner than the 2nd Tuesday in December preceding such year and shall be signed by a number of qualified electors equal in each congressional district to not less than 1,000 signatures nor more than 1,500 signatures. The form of the petition shall conform to the requirements of
s. 8.40. All signers on each separate petition paper shall reside in the same congressional district.
8.12(1)(d)
(d) The board shall forthwith contact each person whose name has been placed in nomination under
par. (b) and notify him or her that his or her name will appear on the Wisconsin presidential preference ballot unless he or she files, no later than 5 p.m. on the first Tuesday in January of such year, with the board, a disclaimer stating without qualification that he or she is not and does not intend to become a candidate for the office of president of the United States at the forthcoming presidential election. The disclaimer may be filed with the board by certified mail, telegram, or in person.
8.12(2)
(2) Ballots. The form of the official ballots shall be prescribed by the board. The ballot shall provide to an elector the opportunity to vote for an uninstructed delegation to represent this state at the presidential nominating convention of his or her party, or to write in the name of a candidate for the presidential nomination of his or her party.
8.12(3)
(3) Reporting of results. No later than the 2nd Tuesday following the presidential preference primary, the board shall notify each state party organization chairperson under
sub. (1) (b) of the results of the presidential preference primary within the state and within each congressional district.
8.12 Annotation
The national democratic party has a protected right of political association and may not be compelled to seat delegates chosen in an open primary in violation of the party's rules. Democratic Party of U.S. v. Wisconsin,
450 U.S. 107 (1981).
8.125
8.125
Accessibility of presidential caucuses. Any political party which holds a caucus open to the public for the purpose of selecting delegates to the national presidential nominating convention of the party shall hold the caucus in a place which is accessible to persons in wheelchairs.
8.125 History
History: 1985 a. 304.
8.13
8.13
Commission city primary. At the first primary after adoption of the commission form of government the 2 candidates for mayor and the 4 candidates for council members receiving the highest number of votes shall be nominated. At subsequent primaries the 2 candidates receiving the most votes for either office shall be nominated. Only the names of the nominees shall appear on the spring election ballot.
8.13 History
History: 1985 a. 135 s.
83 (2).
8.15
8.15
Nominations for September primary. 8.15(1)
(1) Nomination papers may be circulated no sooner than June 1 preceding the general election and may be filed no later than 5 p.m. on the 2nd Tuesday of July preceding the September primary, except as authorized in this subsection. If an incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary, all candidates for the office held by the incumbent, other than the incumbent, may file nomination papers no later than 72 hours after the latest time prescribed in this subsection. No extension of the time for filing nomination papers applies if the incumbent files written notification with the filing officer or agency with whom nomination papers are filed for the office which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time prescribed in this subsection for filing nomination papers, that the incumbent is not a candidate for reelection to his or her office, and the incumbent does not file nomination papers for that office within the time prescribed in this subsection. Only those candidates for whom nomination papers containing the necessary signatures acquired within the allotted time and filed before the deadline may have their names appear on the official September primary ballot.
8.15(2)
(2) Only one signature per person for the same office is valid. In addition to his or her signature, each signer of a nomination paper shall list his or her municipality of residence for voting purposes, the street and number, if any, on which the signer resides, and the date of signing.
8.15(3)
(3) All signers on each separate nomination paper for all state offices, county offices, and the offices of U.S. senator and representative in congress shall reside in the jurisdiction or district which the candidate named on the paper will represent, if elected.
8.15(4)(a)(a) The certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each nomination paper, stating he or she personally circulated the nomination paper and personally obtained each of the signatures; he or she knows they are electors of the ward, aldermanic district, municipality or county, as the nomination papers require; he or she knows they signed the paper with full knowledge of its content; he or she knows their respective residences given; he or she knows each signer signed on the date stated opposite his or her name; and, that he or she, the circulator, resides within the district which the candidate named therein will represent, if elected; that he or she intends to support the candidate; and that he or she is aware that falsifying the certification is punishable under
s. 12.13 (3) (a), Wis. stats. The circulator shall indicate the date that he or she makes the certification next to his or her signature. The certification may be made by the candidate or any qualified elector.
8.15 Note
NOTE: The residency requirement in par. (a) for circulators was held unconstitutional by the U.S. District Court for the Western District of Wisconsin in Frami v. Ponto,
255 F. Supp. 2d 962 (2003).
8.15(4)(b)
(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 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).
8.15(5)(a)(a) Each nomination paper shall have substantially the following words printed at the top:
I, the undersigned, request that the name of (insert candidate's last name plus first name, nickname or initial, and middle name, former legal surname, nickname or middle initial or initials if desired, but no other abbreviations or titles) residing at (insert candidate's street address) be placed on the ballot at the (general or special) election to be held on (date of election) as a candidate representing the (name of party) so that voters will have the opportunity to vote for (him or her) for the office of (name of office). I am eligible to vote in (name of jurisdiction or district in which candidate seeks office). I have not signed the nomination paper of any other candidate for the same office at this election.
8.15(5)(b)
(b) Each candidate shall include his or her mailing address on the candidate's nomination papers.
8.15(6)
(6) The number of required signatures on nomination papers shall be as follows:
8.15(6)(a)
(a) For statewide offices, not less than 2,000 nor more than 4,000 electors.
8.15(6)(b)
(b) For representatives in congress, not less than 1,000 nor more than 2,000 electors.
8.15(6)(c)
(c) For state senators, not less than 400 nor more than 800 electors.
8.15(6)(d)
(d) For representatives to the assembly, not less than 200 nor more than 400 electors.
8.15(6)(dm)
(dm) For district attorneys, not less than 500 nor more than 1,000 electors in prosecutorial units over 100,000 population and not less than 200 nor more than 400 electors in prosecutorial units of 100,000 population or less.
8.15(6)(e)
(e) For county offices, not less than 500 nor more than 1,000 electors in counties over 100,000 population and not less than 200 nor more than 400 electors in counties of 100,000 population or less.
8.15(7)
(7) A candidate may not run in more than one party primary at the same time. No filing official may accept nomination papers for the same person in the same election for more than one party. An independent candidate at a partisan primary or other election may not file nomination papers as the candidate of a recognized political party for the same office at the same election. A person who files nomination papers as the candidate of a recognized political party may not file nomination papers as an independent candidate for the same office at the same election.
8.15(8)
(8) Nomination papers shall be filed:
8.15(8)(a)
(a) For state offices and the offices of U.S. senator and representative in congress, in the office of the board.
8.15(8)(b)
(b) For county offices, in the office of the county clerk or board of election commissioners.
8.15 Cross-reference
Cross Reference: See also ss. ElBd 2.09, 2.11, and 6.04 , Wis. adm. code.
8.15 Annotation
The ban on multiple party nominations under sub. (7) does not burden the associational rights of political parties and is justified by compelling state interests. Swamp v. Kennedy,
950 F.2d 383 (1991).
8.15 Annotation
The residence requirement for nomination paper circulators in sub. (4) (a), as applied to Wisconsin residents who circulate papers outside the political subdivision in which they reside and to nonresidents violates the 1st amendment right of free speech. Frami v. Ponto,
255 F. Supp. 2d 962 (2003).
8.15 Annotation
A candidate for election to Congress need not be a resident of the district at the time he or she files nomination papers and executes the declaration of intent to accept the office if elected. A candidate for Congress must be an inhabitant of the state at the time of election. 61 Atty. Gen. 155.
8.16
8.16
Partisan nominations. 8.16(1)
(1) Except as provided in
sub. (2), 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.
8.16(2)
(2) A person who receives only write-in votes shall not appear on the ballot as the candidate of a recognized political party for an office whenever no candidate's name appears on the ballot for that office unless the person receives at least 5% of the vote cast in the jurisdiction or district for the party's gubernatorial candidate at the last general election or the number of votes equivalent to the minimum number of signatures required on nomination papers for that office under
s. 8.15 (6), whichever is greater, and unless:
8.16(2)(a)
(a) The person files a declaration of candidacy under
s. 8.21 no later than 5 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the person by the filing officer or agency for the office sought;
8.16(2)(b)
(b) If the person is a candidate for state office, the person files a statement of economic interests under
s. 19.43 (4), no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the person by the board; and
8.16(2)(c)
(c) If the person is a candidate for state or local office, the person files a registration statement under
s. 11.05.
