8.05(3)(d)
(d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election held in the town or at a special election called for the purpose. When a petition requesting adoption of the nonpartisan primary conforming to the requirements of
s. 8.40 signed by at least 20 electors of the town is filed with the town clerk as provided in
s. 8.37, the question shall be submitted to a vote.
8.05(3)(e)
(e) Petitions requesting a vote on the question at a regular town election shall be filed in accordance with
s. 8.37 no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.
8.05(3)(f)
(f) The ballot used for the referendum question shall be arranged under
s. 5.60 (7) and shall ask: "Shall all candidates in the town of .... for elective town offices be nominated at a nonpartisan primary?".
8.05(3)(g)
(g) If a majority of the votes cast are in the affirmative, a nonpartisan primary, under
sub. (5), shall thereafter be held to obtain candidates for elective town offices.
8.05(4)
(4) Nomination in villages. 8.05(4)(a)(a) If a primary is provided for the nomination of candidates for elective village offices under
s. 8.11 (1m) (b) or
(c), candidates for those offices shall file nomination papers. In any other case, a majority of the governing body of any village may provide that candidates for elective village office shall be nominated by nomination papers. Determination of the governing body to provide for nomination of candidates by nomination papers shall be made not later than December 1 preceding the election. If nomination by nomination papers is not provided for under this paragraph and no primary is provided for under
s. 8.11 (1m) (b) or
(c), a village shall nominate candidates by caucus.
8.05(4)(b)
(b) Nomination papers shall be signed by not less than 20 nor more than 100 electors of the village. The papers shall be circulated not sooner than December 1 preceding the election and shall be filed with the village clerk not later than 5 p.m. the first Tuesday in January, or the next day if Tuesday is a holiday.
8.05(4)(d)
(d) When this subsection is used, no additional candidates may be nominated under
sub. (1).
8.05(5)
(5) When primary is held. Towns and villages adopting the nonpartisan primary to nominate candidates shall hold a primary only when the number of candidates for an elective office in the municipality exceeds twice the number to be elected to the office. A primary for the office of municipal judge under
s. 755.01 (4) shall be held whenever there are more than 2 candidates for that office. 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. When the number of candidates for an office does not exceed twice the number to be elected, their names shall appear on the official ballot for the election without a primary.
8.05(6)
(6) Menominee County. In counties containing only one town candidates shall be nominated for the office of supervisors at large and by wards, and all applicable provisions of this section shall apply to their selection. In selecting the candidates for ward supervisor by caucus, the candidates for each ward shall be selected separately, and only those electors shall participate in each as are residents of that ward. Any ward candidate seeking nomination by the circulation of nomination papers shall incorporate in the nomination papers a statement that the signers are qualified electors of that ward.
8.05 Cross-reference
Cross-reference: See also ss.
GAB 2.05 and
2.07, Wis. adm. code.
8.06
8.06
Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose authorized by law. If an election is called for a special referendum, the election shall be noticed under
s. 8.55.
8.06 History
History: 1979 c. 32;
1989 a. 192.
8.07
8.07
Validity of nomination papers. The board shall promulgate rules under this chapter for use by election officials in determining the validity of nomination papers and signatures thereon.
8.07 History
History: 1983 a. 484;
1989 a. 359.
8.07 Cross-reference
Cross-reference: See also ss.
GAB 2.05 and
2.07, Wis. adm. code.
8.10
8.10
Nominations for spring election. 8.10(1)
(1) Candidates for office to be filled at the spring election shall be nominated by nomination papers, or by nomination papers and selection at the primary if a primary is held, except as provided for towns and villages under
s. 8.05. Unless designated in this section or
s. 8.05, the general provisions pertaining to nomination at the partisan primary apply.
8.10(2)(a)(a) Nomination papers for offices to be filled at the spring election may be circulated no sooner than December 1 preceding the election and may be filed no later than 5 p.m. on the first Tuesday in January preceding the election, or the next day if Tuesday is a holiday, except as authorized in this paragraph. If an incumbent fails to file nomination papers and a declaration of candidacy by the time prescribed in this paragraph, 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 paragraph. 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 paragraph 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 paragraph.
8.10(2)(b)
(b) 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 (spring or special) election to be held on (date of election) as a candidate 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 the (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.
8.10(2)(c)
(c) Each candidate shall include his or her mailing address on the candidate's nomination papers.
8.10(3)
(3) The certification of a qualified circulator under
s. 8.15 (4) (a) shall be appended to each nomination paper. The number of required signatures on nomination papers filed under this section is as follows:
8.10(3)(a)
(a) For statewide offices, not less than 2,000 nor more than 4,000 electors.
8.10(3)(am)
(am) For court of appeals judges, not less than 1,000 nor more than 2,000 electors.
8.10(3)(b)
(b) For judicial offices not specified in
pars. (a),
(am), and
(c), not less than 200 nor more than 400 electors.
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)(cs)
(cs) For comptrollers in counties with a population of at least 750,000, not less than 500 nor more than 1,000 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) Except as provided in
par. (jm), 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)(jm)
(jm) For city offices in 2nd and 3rd class cities, not less than 100 nor more than 200 electors for alderpersons who are not 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, in order for the signature to be valid, each signer of a nomination paper shall legibly print his or her name in a space provided next to his or her signature and 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 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;
2005 a. 451;
2007 a. 1;
2011 a. 62,
75;
2013 a. 160,
174.
8.10 Cross-reference
Cross-reference: See also ss.
GAB 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(1m)(a)(a) If a village has provided under
s. 8.05 (4) (a) for the filing of nomination papers by candidates for village offices for a specific election, the governing body of the village may, no later than 3 days after the deadline for filing nomination papers, provide for nomination of candidates for village offices at the spring primary.
8.11(1m)(b)
(b) Any village may provide by charter ordinance, under
s. 66.0101, that whenever 3 or more candidates file nomination papers for a village office, a primary to nominate candidates for the office shall be held.
8.11(1m)(c)
(c) Whenever the electors of a village, equal to at least 10 percent of the vote for governor in a village at the last general election, file a petition conforming to the requirements of
s. 8.40 with the village clerk requesting a primary no later than December 1 preceding the spring election, there shall be a primary for any specific election.
8.11(1m)(d)
(d) When the number of candidates for any village 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)(a)(a) A primary shall be held in counties having a population of 750,000 or more whenever there are more than twice the number of candidates to be elected to the office of comptroller.
8.11(2)(b)
(b) 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.
GAB 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 2nd Tuesday in December 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 election 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 first Tuesday in January of each year, or the next day if Tuesday is a holiday, 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 last 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 first Tuesday in January of such year, or the next day if Tuesday is a holiday, 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 last 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 May 15 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).
