Collective bargaining
Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. 81-139
Public notice requirements
Discussion of public notice requirements for meetings of city district school board under secs. 19.81-19.98 and 120.48, Stats. 66-93
Open meeting
Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. 81-139
EDUCATIONAL COMMUNICATIONS BOARD, WISCONSIN
Friends
Under sec. 20.906(1), Stats., it would not be unlawful for Friends to hold funds for the ECB that were solicited through use of ECB facilities and resources. The ECB has statutory authority to contract with Friends to assist in raising funds for educational radio and television in this State. 70-163
ELECTED OFFICIALS
See PUBLIC OFFICIALS
ELECTIONS
See also VOTES AND VOTING
Ballots
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
Campaign expenses
The provisions of sec. 11.50, Stats., created by ch. 107, Laws of 1977, which impose limits on the primary election campaign expenditures of candidates seeking public financing of their Spring and general election campaigns are constitutional. 67-321
Campaign contribution limits contained in sec. 11.26(1)(d), (2), and (9), Stats., are probably valid and enforceable, despite the fact that they are expressed as a percentage of disbursement limits in sec. 11.31, Stats., previously declared invalid. Statement in opinion of August 16, 1976, to the effect that sec. 11.26(9), Stats., should be treated as a nullity is withdrawn. Section 11.26(9), Stats., is probably constitutional. 65-237
Constitutionality of Wisconsin's Finance Law, ch. 11, Stats., discussed in light of Buckley v. Valeo, 96 S. Ct. 612 (1976). Contribution limitations and disclosure provisions are generally unaffected. Ban on corporate contributions imposed by sec. 11.38, Stats., is probably constitutional. All direct and indirect disbursement limitations on individuals, groups, and candidates contained in secs. 11.31, 11.26(9), and 11.315, Stats., are invalid, as is the limit in sec. 11.26(10), Stats., on a candidate's personal contribution to his campaign because of conflict with First Amendment rights of speech and association. Sections 11.01(16), (10), (9), and 11.23, Stats., defining the scope of regulated activity, should be narrowly construed. Restrictions on referenda-related activity in secs. 11.01(9) and 11.23, Stats., apply only to transactions directly related to a particular result in a referendum. Boa
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
