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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 36,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA36,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA36,1,6 31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Milwaukee area technical college district board, providing an
5exemption from and extending the time limit for emergency rule procedures, and
6granting rule-making authority
SB275-AA36,1,9 72. Page 1, line 6: delete the material beginning with that line and ending with
8page 6, line 20, including the material inserted by senate amendment 1, and
9substitute:
SB275-AA36,1,10 10" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA36,1,1311 5.02 (3) "Educational officer" means the state superintendent, a member of the
12Milwaukee area technical college district board,
and a school board members
13member.
SB275-AA36,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial officers, educational and officers other than Milwaukee area technical
3college district board members,
municipal officers, nonpartisan county officers and
4sewerage commissioners and to express preferences for the person to be the
5presidential candidate for each party in a year in which electors for president and
6vice president are to be elected.
SB275-AA36,2,11 7(23) "State office" means the offices of governor, lieutenant governor, secretary
8of state, state treasurer, attorney general, state superintendent, justice of the
9supreme court, court of appeals judge, circuit court judge, state senator, state
10representative to the assembly and, district attorney, and member of the Milwaukee
11area technical college district board
.
SB275-AA36, s. 2 12Section 2. 5.62 (2m) of the statutes is created to read:
SB275-AA36,2,1813 5.62 (2m) Milwaukee area technical college district board. In those years
14when a primary is scheduled, there shall be a separate ballot for member of the
15Milwaukee area technical college district board. Arrangement of the names on the
16ballot shall be determined by the government accountability board in the same
17manner as provided under s. 5.60 (1) (b). The ballot shall be titled "Official Primary
18Ballot for Milwaukee area Technical College District Board."
SB275-AA36, s. 3m 19Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA36,2,2020 5.64 (1) (title) Official ballot for partisan offices.
SB275-AA36, s. 4 21Section 4. 5.64 (1m) of the statutes is created to read:
SB275-AA36,3,222 5.64 (1m) Milwaukee area technical college district board. In those years
23when an election is scheduled, there shall be a separate ballot for each member of the
24Milwaukee area technical college district board. The government accountability
25board shall determine the official ballot arrangement for Milwaukee area technical

1college district board candidates by using the same method as that used under 5.60
2(1) (b).
SB275-AA36,3,63 (b) Only the 2 candidates for election to the Milwaukee area technical college
4district board receiving the highest numbers of votes within each election district at
5the primary election shall be nominees for their respective offices at the general
6election. Only their names shall appear on the official general election ballot.
SB275-AA36, s. 6 7Section 6. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA36,4,38 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
9showing the numbers of votes cast for the offices of president and vice president; state
10officials; U.S. senators and representatives in congress; state legislators; justice;
11court of appeals judge; circuit judges; members of the Milwaukee area technical
12college district boards;
district attorneys; and metropolitan sewerage
13commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
14municipal judge elected under s. 755.01 (4) serves a municipality that is located
15partially within the county and candidates for that judgeship file nomination papers
16in another county, the board of canvassers shall prepare a duplicate statement
17showing the numbers of votes cast for that judgeship in that county for transmittal
18to the other county. For partisan candidates, the statements shall include the
19political party or principle designation, if any, next to the name of each candidate.
20The board of canvassers shall also prepare a statement showing the results of any
21county, technical college district, or statewide referendum. Each statement shall
22state the total number of votes cast in the county for each office; the names of all
23persons for whom the votes were cast, as returned; the number of votes cast for each
24person; and the number of votes cast for and against any question submitted at a
25referendum. The board of canvassers shall use one copy of each duplicate statement

1to report to the government accountability board, technical college district board, or
2board of canvassers of any other county and shall file the other statement in the office
3of the county clerk or board of election commissioners.
SB275-AA36, s. 7 4Section 7. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
5is amended to read:
SB275-AA36,4,246 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
7or transmit to the government accountability board a certified copy of each statement
8of the county board of canvassers for president and vice president, state officials,
9senators and representatives in congress, state legislators, justice, court of appeals
10judge, circuit judge, members of the Milwaukee area technical college district board,
11district attorney, and metropolitan sewerage commissioners, if the commissioners
12are elected under s. 200.09 (11) (am). The statement shall record the returns for each
13office or referendum by ward, unless combined returns are authorized under s. 5.15
14(6) (b) in which case the statement shall record the returns for each group of
15combined wards. Following primaries the county clerk shall enclose on forms
16prescribed by the government accountability board the names, party or principle
17designation, if any, and number of votes received by each candidate recorded in the
18same manner. The county clerk shall deliver or transmit the certified statement to
19the government accountability board no later than 9 days after each primary except
20the partisan primary, no later than 10 days after the partisan primary and any other
21election except the general election, and no later than 14 days after the general
22election. The board of canvassers shall deliver or transmit a certified copy of each
23statement for any technical college district referendum to the secretary of the
24technical college district board.
SB275-AA36, s. 7m 25Section 7m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA36,5,12
17.70 (3) (d) When the certified statements and returns are received, the
2chairperson of the board or the chairperson's designee shall proceed to examine and
3make a statement of the total number of votes cast at any election for the offices
4involved in the election for president and vice president; a statement for each of the
5offices of governor, lieutenant governor, if a primary, and a joint statement for the
6offices of governor and lieutenant governor, if a general election; a statement for each
7of the offices of secretary of state, state treasurer, attorney general, and state
8superintendent; for U.S. senator; representative in congress for each congressional
9district; the state legislature; justice; court of appeals judge; circuit judge;
10Milwaukee area technical college district board member; district attorney;
11metropolitan sewerage commission, if the commissioners are elected under s. 200.09
12(11) (am); and for any referenda questions submitted by the legislature.
SB275-AA36, s. 8 13Section 8. 7.70 (6) of the statutes is created to read:
SB275-AA36,5,1814 7.70 (6) Milwaukee area technical college district board members;
15determinations.
The government accountability board shall transmit to the
16secretary of the technical college district board a copy of the certified determination
17of the chairperson of the government accountability board or his or her designee for
18the election of each member of the Milwaukee area technical college district board.
SB275-AA36, s. 10 19Section 10. 8.11 (6) of the statutes is created to read:
SB275-AA36,5,2220 8.11 (6) Milwaukee area technical college district board members. A
21primary shall be held in an election for any seat on Milwaukee area technical college
22district board whenever there are more than 2 candidates in any election district.
SB275-AA36, s. 10e 23Section 10e. 8.15 (5) (a) of the statutes is amended to read:
SB275-AA36,5,2524 8.15 (5) (a) Each Except as provided in par. (am), each nomination paper shall
25have substantially the following words printed at the top:
SB275-AA36,6,9
1I, the undersigned, request that the name of (insert candidate's last name plus
2first name, nickname or initial, and middle name, former legal surname, nickname
3or middle initial or initials if desired, but no other abbreviations or titles) residing
4at (insert candidate's street address) be placed on the ballot at the (general or special)
5election to be held on (date of election) as a candidate representing the (name of
6party) so that voters will have the opportunity to vote for (him or her) for the office
7of (name of office). I am eligible to vote in (name of jurisdiction or district in which
8candidate seeks office). I have not signed the nomination paper of any other
9candidate for the same office at this election.
SB275-AA36, s. 10g 10Section 10g. 8.15 (5) (am) of the statutes is created to read:
SB275-AA36,6,1311 8.15 (5) (am) For the office of member of the Milwaukee area technical college
12district board, the nomination paper format under s. 8.10 (2) (b) shall apply except
13that reference to the general election shall be inserted.
SB275-AA36, s. 10m 14Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA36,6,1615 8.15 (6) (ds) For the office of member of the Milwaukee area technical college
16district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA36, s. 11 17Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA36,6,2318 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
19town, of any congressional, legislative, judicial, Milwaukee area technical college,
20town sanitary, or school district, or of any prosecutorial unit may petition for the
21recall of any incumbent elective official by filing a petition with the same official or
22agency with whom nomination papers or declarations of candidacy for the office are
23filed demanding the recall of the officeholder.
SB275-AA36, s. 12 24Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA36,7,4
19.10 (2) (b) A recall petition for a city, village, town, Milwaukee area technical
2college district,
town sanitary district, or school district office shall contain a
3statement of a reason for the recall which is related to the official responsibilities of
4the official for whom removal is sought.
SB275-AA36, s. 13 5Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA36,7,196 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
7the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
8filing officer with whom the petition is filed. The petitioner shall append to the
9registration a statement indicating his or her intent to circulate a recall petition, the
10name of the officer for whom recall is sought and, in the case of a petition for the recall
11of a city, village, town, Milwaukee area technical college district, town sanitary
12district, or school district officer, a statement of a reason for the recall which is related
13to the official responsibilities of the official for whom removal is sought. No petitioner
14may circulate a petition for the recall of an officer prior to completing registration.
15The last date that a petition for the recall of an officer may be offered for filing is 5
16p.m. on the 60th day commencing after registration. After the recall petition has
17been offered for filing, no name may be added or removed. No signature may be
18counted unless the date of the signature is within the period provided in this
19paragraph.
SB275-AA36, s. 14 20Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA36,7,2521 9.10 (3) (a) This subsection applies to the recall of all elective officials other
22than city, village, town, Milwaukee area technical college district, town sanitary
23district, and school district officials. City, village, town, Milwaukee area technical
24college district,
town sanitary district, and school district officials are recalled under
25sub. (4).
SB275-AA36, s. 15
1Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA36,8,32 9.10 (4) (title) City, village, town, town sanitary district, Milwaukee area
3technical college district, and school district offices.
SB275-AA36, s. 16 4Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA36,9,85 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
6Milwaukee area technical college district, town sanitary district, or school district
7official, is offered for filing, the officer against whom the petition is filed may file a
8written challenge with the municipal clerk or board of election commissioners or
9school district clerk
official or agency with whom it is filed, specifying any alleged
10insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
11challenge with the clerk or board of election commissioners official or agency within
125 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
13petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
14after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
15filing a reply to a rebuttal, the clerk or board of election commissioners official or
16agency
shall file the certificate or an amended certificate. Within 31 days after the
17petition is offered for filing, the clerk or board of election commissioners official or
18agency
shall determine by careful examination of the face of the petition whether the
19petition is sufficient and shall so state in a certificate attached to the petition. If the
20petition is found to be insufficient, the certificate shall state the particulars creating
21the insufficiency. The petition may be amended to correct any insufficiency within
225 days following the affixing of the original certificate. Within 2 days after the
23offering of the amended petition for filing, the clerk or board of election
24commissioners
official or agency shall again carefully examine the face of the petition
25to determine sufficiency and shall attach to the petition a certificate stating the

1findings. Immediately upon finding an original or amended petition sufficient,
2except in cities over 500,000 population and in the Milwaukee area technical college
3district
, the municipal clerk or school district clerk official shall transmit the petition
4to the governing body or to the school board. Immediately upon finding an original
5or amended petition sufficient, in cities over 500,000 population, the board of election
6commissioners shall file the petition in its office. Immediately upon finding an
7original or amended petition sufficient, in the Milwaukee area technical college
8district, the government accountability board shall file the petition in its office.
SB275-AA36, s. 17 9Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA36,9,1510 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
11body, school board, or board of election commissioners , or government accountability
12board
shall call a recall election. The recall election shall be held on the Tuesday of
13the 6th week commencing after the date on which the certificate is filed, except that
14if Tuesday is a legal holiday the recall election shall be held on the first day after
15Tuesday which is not a legal holiday.
SB275-AA36, s. 18 16Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA36,9,2017 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
18article XIII, section 12, of the constitution and to extend the same rights to electors
19of cities, villages, towns, the Milwaukee area technical college district, town sanitary
20districts, and school districts.
SB275-AA36, s. 19 21Section 19. 11.26 (1) (c) of the statutes is amended to read:
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