8.20(9)
(9) Persons nominated by nomination papers without a recognized political party designation shall be placed on the official ballot at the general election and at any partisan election to the right or below the recognized political party candidates in their own column or row designated "Independent". At the September primary, persons nominated for state office by nomination papers without a recognized political party designation shall be placed on a separate ballot or, if a consolidated paper ballot under
s. 5.655 (2), an electronic voting system or voting machines are used, in a column or row designated "Independent". If the candidate's name already appears under a recognized political party it may not be listed on the independent ballot, column or row.
8.20 Cross-reference
Cross Reference: See also ss. ElBd 2.09, 2.11, and 6.04, Wis. adm. code.
8.21
8.21
Declaration of candidacy. Each candidate, except a candidate for presidential elector under
s. 8.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided for filing nomination papers under
s. 8.10 (2) (a),
8.15 (1),
8.20 (8) (a) or
8.50 (3) (a), or the time provided under
s. 8.16 (2) or
8.35 (2) (c). A candidate shall file the declaration with the officer or agency with which nomination papers are filed for the office which the candidate seeks, or if nomination papers are not required, with the clerk or board of election commissioners of the jurisdiction in which the candidate seeks office. The declaration shall be sworn to before any officer authorized to administer oaths. The declaration shall contain the name of the candidate in the form specified under
s. 8.10 (2) (b) for candidates for nonpartisan office or
s. 8.15 (5) (a) or
8.20 (2) (a) for candidates for partisan office, and shall state that the signer is a candidate for a named office, that he or she meets or will at the time he or she assumes office meet applicable age, citizenship, residency or voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and of this state, and that he or she will otherwise qualify for office if nominated and elected. The declaration shall include the candidate's name in the form in which it will appear on the ballot. Each candidate for state and local office shall include in the declaration a statement that he or she has not been convicted of any misdemeanor designated under state or federal law as a violation of the public trust or any felony for which he or she has not been pardoned. In addition, each candidate for state or local office shall include in the declaration a statement that discloses his or her municipality of residence for voting purposes, and the street and number, if any, on which the candidate resides. The declaration is valid with or without the seal of the officer who administers the oath. A candidate for state or local office shall file an amended declaration under oath with the same officer or agency if any information contained in the declaration changes at any time after the original declaration is filed and before the candidate assumes office or is defeated for election or nomination.
8.21 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
8.25
8.25
Election of state and federal officers. 8.25(1)
(1)
Presidential electors. By general ballot at the general election for choosing the president and vice president of the United States there shall be elected as many electors of president and vice president as this state is entitled to elect senators and representatives in congress. A vote for the president and vice president nominations of any party is a vote for the electors of the nominees.
8.25(2)
(2) United States senator. One senator to serve in the United States congress shall be chosen at the general election in 1962 and every 6 years thereafter and another in 1964 and every 6 years thereafter.
8.25(3)
(3) Representative in congress. One representative to serve in the United States congress shall be chosen from each congressional district at the general election held in each even-numbered year.
8.25(4)
(4) Constitutional officers; terms. 8.25(4)(a)(a) A governor, lieutenant governor, secretary of state, treasurer and an attorney general shall be elected at the general election in 1970 and quadrennially thereafter. A state superintendent shall be elected on the first Tuesday in April 1917 and quadrennially thereafter.
8.25(4)(b)1.1. The regular full term of office of the state superintendent commences on the first Monday of July, next succeeding the superintendent's election.
8.25(4)(b)2.
2. The regular full term of each other officer enumerated in
par. (a) commences on the first Monday of January, next succeeding the officer's election.
8.25(5)
(5) District attorney; term. A district attorney shall be elected for each prosecutorial unit specified in
s. 978.01 at the general election in 1990 and biennially thereafter. The regular term of the office of district attorney commences on the first Monday in January next succeeding the officer's election.
8.28
8.28
Challenge to residency qualifications. 8.28(1)
(1) Any individual who believes that an individual holding or elected to state or local office is not a resident or inhabitant of this state or of the jurisdiction or district in which he or she serves, whenever such qualification is required by the constitution of this state or by any applicable law, may file a verified complaint with the attorney general alleging such facts as may cause him or her to believe that the individual is not qualified to hold office because of failure to meet a residency requirement.
8.28(2)
(2) The attorney general may thereupon investigate whether such allegations are true. If the attorney general finds that the allegations of the complaint are true or for any other reason finds that the subject person who is holding or elected to office is not qualified because of failure to meet a residency requirement, the attorney general may commence an action under
ch. 784 for a writ of quo warranto to have the subject person's office declared vacant or to restrain any person not entitled to take office from assuming it. In the case of a person who is elected to office in the legislature, the clerk of court shall transmit a copy of the judgment to the presiding officer of the appropriate house, and the house shall determine whether the person is qualified to be seated or whether a vacancy exists.
8.28 History
History: 1979 c. 249;
1983 a. 484.
8.30
8.30
Candidates ineligible for ballot placement. 8.30(1)(1) Except as otherwise provided in this section, the official or agency with whom declarations of candidacy are required to be filed may refuse to place the candidate's name on the ballot:
8.30(1)(a)
(a) If the nomination papers are not prepared, signed and executed, as required under this chapter;
8.30(1)(b)
(b) If it conclusively appears, either on the face of the nomination papers offered for filing, or by admission of the candidate or otherwise, that the candidate is ineligible to be nominated or elected;
8.30(1)(c)
(c) If elected the candidate could not qualify for the office sought within the time allowed by law for qualification because of age, residence or other impediment.
8.30(2)
(2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with
s. 11.05 (2g) or
(2r) by the applicable deadline for filing nomination papers by such candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in
ss. 11.01 (1) and
11.05 (2g).
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) by the applicable deadline for filing nomination papers by the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).