Campaign reports
Those provisions of state law relating to campaign financing which conflict with the federal Election Campaign Act are invalid. The Secretary of State must retain and make available for public inspection, not later than the end of the day of receipt, the federal election campaign reports and statements required to be filed with him. The Elections Board cannot be designated as the agent of the Secretary of State for purposes of compliance by this State with the federal law. (Unpub.). 24-1977
Civil service
Discussion of restrictions on political activities of state employes under federal and state law. 67-315
Meaning of the phrase "declares an intention to run for office" in section 230.40(2), Stats., discussed. 81-135
Corporations
The statutory prohibition against political contribution and disbursements by corporations or cooperatives in support of or in opposition to any referendum to be submitted to the voters in sec. 11.38(1)(a)1., Stats., is unconstitutional. Other prohibitions in sec. 11.38(1)(a)1., Stats., are severable and constitutional. 65 Op. Att'y Gen. 145 (1976) and 65 Op. Att'y Gen. 237 (1976) are modified to the extent they are inconsistent with this opinion. Companion opinion to 67 Op. Att'y Gen. 211. 68-64
The statutory prohibition against political contributions and disbursements by corporations or cooperatives in support or opposition to any referendum to be submitted to the voters, set forth in sec. 11.38(1)(a)1., Stats., is unconstitutional. To the extent spending for that purpose is now allowable under sec. 11.38(1)(a)1., Stats., it is fully subject to the requirements and limitations otherwise set forth in ch. 11, Stats., including those requiring registration and filing. 67-211
County Executive
The County Board may create office of County Executive and make resolution contingent upon referendum of electorate. 62-14
County Highway Commissioner
Board may not utilize unidentified paper ballot in voting to appoint County Highway Commissioner, but may vote by ayes and nays or show of hands at open session if some member does not require vote to be taken in such manner that the vote of each member may be ascertained and recorded. Sec. 66.77(6), Stats. 63-569
County judge
Sections 489m, 490m and 561(8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to the provisions of art. VII, sec. 2 and art. VIII, sec. 10, Wis. Const. 63-24
County referendum
Chapter 220, Laws of 1977, effective April 7, 1978, expressly authorizes a county board to conduct a county referendum for advisory purposes or as a conditional element which would determine whether an enactment becomes effective. 68-130
Delegate selection rules
Statute and rules which restrict the partisan activities of some employes and officeholders do not offend the First Amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses which choose delegates to the National Convention. 73-51
Dyslexia
An elector with dyslexia may qualify for voter assistance under the provisions of sec. 6.82(2)(a), Stats. 62-195
Economic interests statement
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
Ethics Board
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
Independent candidates
Under certain specified conditions, Wisconsin constitutionally cannot prevent the substitution of persons as independent candidates for the office of Vice President of the United States. (Unpub.). 55-1980
Interim appointment
A county which is self-organized pursuant to sec. 59.03, Stats., is empowered by sec. 59.03(1)(d), Stats., to adopt an ordinance providing a procedure for filling a vacancy in the office of County Supervisor allowing for an interim appointment subject to the holding of a subsequent special election in which a person other than the appointee may be selected for the balance of the original term. 65-16
Judge
Under Wis. Const. art. VII, sec. 24(1), as amended April, 1977, a person must have been licensed to practice law in Wisconsin for five years immediately prior to the date of the election, rather than the date the term begins, to be eligible to the office of Circuit Judge. (Unpub.). 1-1979
Legislators
1979 AB 353, requiring candidates for the Legislature to declare whether they will receive a lower salary, conflicts with election bribery laws, sec. 12.11, Stats. Further, if enacted, it would violate the constitutional principle that the Legislature cannot impose additional qualifications to office. Finally, its constitutionality under the Fourteenth Amendment to the United States Constitution is subject to question. 68-214
Mandatory filing requirements
The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. 81-85
Notices
Failure to publish notices of an election on the last Tuesday in May, the first Tuesday in June, and the second Monday preceding an election on the question of removal of a county seat and failure by the County Clerk to distribute the ballots will not invalidate the election where it appears that the voters were well informed of the time, place, and manner of the election and the issue involved, and a majority of the qualified voters who went to the polls, excluding those who had an opportunity to vote on the question of removal but chose not to, voted in favor of removal. 66-219
Political activity for state employer
Statutes and rules which restrict the partisan activities of some employes and officeholders do not offend the First Amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses which choose delegates to the National Convention. 73-51
Political fund
Wisconsin Administrative Code section E1Bd 1.06, and the forms developed to effectuate that rule, EB-11 and EB-12, which require corporations and associations to register and twice yearly report their expenditures for the establishment and administration of a political fund and for solicitation of political contributions to such fund, improperly impose substantive requirements in addition to those reasonably within the intendment of sec. 11.38(1)(a)2., Stats., and are therefore unenforceable. 67-193
Public funds for political purposes
1981 Assembly Bill 176, which would create a congressional campaign fund to provide public funding for qualified candidates from Wisconsin for the United States House of Representatives, is preempted by the Federal Election Campaign Act. 70-185
Section 11.33, Stats., applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. 69-259
Reapportionment
The federal district court apportioned both members and senatorial districts in its order of June 17, 1982. The effective date of new district lines for purposes of nominations, regular, recall and special elections, mass mailings and in-district travel is June 17, 1982, as to both holdover Senators and incumbents in districts where elections are scheduled in the Fall of 1982. 71-157
Recall election
If the Elections Board is presented with a valid petition for the recall of a member of Congress pursuant to Wis. Const. art. VIII, sec. 12, and sec. 9.10, Stats., it must initiate the recall election unless otherwise ordered by a court. 68-140
Residences
A candidate for the Legislature need not be a resident of the district which he seeks to represent at the time he files his nomination papers. That portion of 61 OAG 368 (1972) inconsistent herewith is repudiated. 65-159
Salaries and wages
Article IV, sec. 12, Wis. Const., prohibiting a Legislator from being appointed or elected to a civil office created or the emoluments of which were increased during the Legislator's term, discussed. Constitutionality of sec. 13.04(1), Stats., lifting the constitutional prohibition by allowing the former Legislator to assume the other office at the pre-increase salary, discussed. 63-127
Schools and school districts
A school board which informs the electorate of the school district of the facts which are pertinent to an issue which will be the subject of a school district referendum need not register or file campaign financing reports under ch. 11, Stats. 68-167
Secret ballot
Common Council may not vote to fill vacancy of alderman by secret ballot. Sec. 19.88(1), Stats. 65-131
Utilization of a secret ballot by County Board to appoint zoning administrator constitutes violation of sec. 66.77(6), Stats., and is voidable. 64-73
Senator
A state Senator need not resign his or her present seat before filing and running for a newly numbered senate seat, merely because he or she is presently an incumbent Senator. 71-162
Town sanitary district
Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners if petition signed by at least twenty percent of the qualified electors of the district is filed. 69-245
