SB275-AA17, s. 1
8Section
1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB275-AA17,1,109
5.02
(3) "Educational officer" means the state superintendent
, a member of a
10technical college district board, and
a school board
members member.
SB275-AA17,2,3
11(5) "General election" means the election held in even-numbered years on the
12Tuesday after the first Monday in November to elect United States senators,
13representatives in congress, presidential electors, state senators, representatives to
1the assembly, district attorneys, state officers other than the state superintendent
,
2members of the technical college district boards, and judicial officers, and county
3officers other than supervisors and county executives.
SB275-AA17,2,8
4(23) "State office" means the offices of governor, lieutenant governor, secretary
5of state, state treasurer, attorney general, state superintendent, justice of the
6supreme court, court of appeals judge, circuit court judge, state senator, state
7representative to the assembly
and, district attorney
, and member of a technical
8college district board.
SB275-AA17,2,1410
5.58
(2s) Technical college district board. In those years when a primary
11is scheduled, there shall be a separate ballot for member of the technical college
12district board. Arrangement of the names on the ballot shall be determined by the
13government accountability board under s. 5.60 (1) (b). The ballot shall be titled
14"Official Primary Ballot for .... (name of district) Technical College District Board."
SB275-AA17,3,917
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
18for any judicial office, for any elected seat on a metropolitan sewerage commission
19or town sanitary district commission,
for member of a technical college district board
20from any election district, in counties having a population of 750,000 or more, only
212 candidates for the office of comptroller, in counties having a population of 500,000
22or more only 2 candidates for member of the board of supervisors within each district,
23in counties having a population of less than 500,000 only 2 candidates for each
24member of the county board of supervisors from each district or numbered seat or
25only 4 candidates for each 2 members of the county board of supervisors from each
1district whenever 2 supervisors are elected to unnumbered seats from the same
2district, in 1st class cities only 2 candidates for any at-large seat and only 2
3candidates from any election district to be elected to the board of school directors, in
4school districts electing school board members to numbered seats, or pursuant to an
5apportionment plan or district representation plan, only 2 school board candidates
6for each numbered seat or within each district, and twice as many candidates as are
7to be elected members of other school boards or other elective officers receiving the
8highest number of votes at the primary shall be nominees for the office at the spring
9election. Only their names shall appear on the official spring ballot.
SB275-AA17,3,1312
5.60
(1) (title)
State superintendent Nonpartisan state officers; judiciary;
13county executive; county comptroller; and county supervisors supervisor.
SB275-AA17,3,1915
5.60
(1) (am) In those years when an election is scheduled, there shall be a
16separate ballot for each member of the technical college district board. The
17government accountability board shall determine the official ballot arrangement for
18technical college district board candidates by using the same method as that used
19under par. (b).
SB275-AA17,4,621
5.60
(1) (b) The board shall certify the candidates' names and designate the
22official ballot arrangement for candidates for state superintendent, justice, court of
23appeals judge, circuit judge
, member of a technical college district board, and, if
24commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage
25commission. The arrangement of names of all candidates on the ballot whose
1nomination papers are filed with the board shall be determined by the board by the
2drawing of lots not later than the 2nd Tuesday in January, or the next day if the first
3Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all
4candidates for that office shall be held by or under the supervision of the board not
5later than the 3rd day following the completion of the primary canvass to determine
6the arrangement of candidates on the election ballot.
SB275-AA17,5,38
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 technical college district
12boards; district attorneys; and metropolitan sewerage commissioners, if the
13commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
14under s. 755.01 (4) serves a municipality that is located partially within the county
15and candidates for that judgeship file nomination papers in another county, the
16board of canvassers shall prepare a duplicate statement showing the numbers of
17votes cast for that judgeship in that county for transmittal to the other county. For
18partisan candidates, the statements shall include the political party or principle
19designation, if any, next to the name of each candidate. The board of canvassers shall
20also prepare a statement showing the results of any county, technical college district,
21or statewide referendum. Each statement shall state the total number of votes cast
22in the county for each office; the names of all persons for whom the votes were cast,
23as returned; the number of votes cast for each person; and the number of votes cast
24for and against any question submitted at a referendum. The board of canvassers
25shall use one copy of each duplicate statement to report to the government
1accountability board, technical college district board, or board of canvassers of any
2other county and shall file the other statement in the office of the county clerk or
3board of election commissioners.
SB275-AA17,5,246
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 technical college district boards, district
11attorney, and metropolitan sewerage commissioners, if the commissioners are
12elected 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-AA17,6,12
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;
technical
10college district board member; district attorney; metropolitan sewerage commission,
11if the commissioners are elected under s. 200.09 (11) (am); and for any referenda
12questions submitted by the legislature.
SB275-AA17,6,1814
7.70
(6) Technical college district board members; determinations. The
15government accountability board shall transmit to the secretary of the technical
16college district board a copy of the certified determination of the chairperson of the
17government accountability board or his or her designee for the election of each
18member of the district board.
SB275-AA17,6,2120
8.10
(3) (ae) For the office of member of the technical college district board from
21any election district, not less than 200 nor more than 400 electors.
SB275-AA17,6,2523
8.11
(6) Technical college district board members. A primary shall be held
24in an election for any seat on a technical college district board whenever there are
25more than 2 candidates in any election district.
SB275-AA17,7,72
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
3town, of any congressional, legislative, judicial,
technical college, town sanitary, or
4school district, or of any prosecutorial unit may petition for the recall of any
5incumbent elective official by filing a petition with the same official or agency with
6whom nomination papers or declarations of candidacy for the office are filed
7demanding the recall of the officeholder.
SB275-AA17,7,129
9.10
(2) (b) A recall petition for a city, village, town,
technical college district, 10town sanitary district, or school district office shall contain a statement of a reason
11for the recall which is related to the official responsibilities of the official for whom
12removal is sought.
SB275-AA17,8,214
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
15the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
16filing officer with whom the petition is filed. The petitioner shall append to the
17registration a statement indicating his or her intent to circulate a recall petition, the
18name of the officer for whom recall is sought and, in the case of a petition for the recall
19of a city, village, town,
technical college district, town sanitary district, or school
20district officer, a statement of a reason for the recall which is related to the official
21responsibilities of the official for whom removal is sought. No petitioner may
22circulate a petition for the recall of an officer prior to completing registration. The
23last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
24on the 60th day commencing after registration. After the recall petition has been
1offered for filing, no name may be added or removed. No signature may be counted
2unless the date of the signature is within the period provided in this paragraph.
SB275-AA17,8,74
9.10
(3) (a) This subsection applies to the recall of all elective officials other
5than city, village, town,
technical college district, town sanitary district, and school
6district officials. City, village, town,
technical college district, town sanitary district,
7and school district officials are recalled under sub. (4).
SB275-AA17,8,109
9.10
(4) (title)
City, village, town, town sanitary district, technical college
10district, and school district offices.
SB275-AA17,9,1512
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
13technical college district, town sanitary district, or school district official, is offered
14for filing, the officer against whom the petition is filed may file a written challenge
15with the
municipal clerk or board of election commissioners or school district clerk
16official or agency with whom it is filed, specifying any alleged insufficiency. If a
17challenge is filed, the petitioner may file a written rebuttal to the challenge with the
18clerk or board of election commissioners official or agency within 5 days after the
19challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed
20may file a reply to any new matter raised in the rebuttal within 2 days after the
21rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a
22reply to a rebuttal, the
clerk or board of election commissioners official or agency 23shall file the certificate or an amended certificate. Within 31 days after the petition
24is offered for filing, the
clerk or board of election commissioners official or agency 25shall determine by careful examination of the face of the petition whether the
1petition is sufficient and shall so state in a certificate attached to the petition. If the
2petition is found to be insufficient, the certificate shall state the particulars creating
3the insufficiency. The petition may be amended to correct any insufficiency within
45 days following the affixing of the original certificate. Within 2 days after the
5offering of the amended petition for filing, the
clerk or board of election
6commissioners official or agency shall again carefully examine the face of the petition
7to determine sufficiency and shall attach to the petition a certificate stating the
8findings. Immediately upon finding an original or amended petition sufficient,
9except in cities over 500,000 population
and in technical college districts, the
10municipal clerk or school district clerk official shall transmit the petition to the
11governing body or to the school board. Immediately upon finding an original or
12amended petition sufficient, in cities over 500,000 population, the board of election
13commissioners shall file the petition in its office.
Immediately upon finding an
14original or amended petition sufficient, in technical college districts, the government
15accountability board shall file the petition in its office.
SB275-AA17,9,2217
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
18body, school board,
or board of election commissioners
, or government accountability
19board shall call a recall election. The recall election shall be held on the Tuesday of
20the 6th week commencing after the date on which the certificate is filed, except that
21if Tuesday is a legal holiday the recall election shall be held on the first day after
22Tuesday which is not a legal holiday.
SB275-AA17,9,2524
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
25article XIII, section 12, of the constitution and to extend the same rights to electors
1of cities, villages, towns,
technical college districts, town sanitary districts, and
2school districts.
SB275-AA17,10,54
11.26
(1) (c) Candidates for representative to the assembly
or member of a
5technical college district board, $500.
SB275-AA17,10,87
11.26
(2) (c) Candidates for representative to the assembly
or member of a
8technical college district board, $500.
SB275-AA17,10,1210
11.31
(1) (f) Candidates for representative to the assembly
or member of a
11technical college district board, $17,250 total in the primary and election, with
12disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA17, s. 22
13Section
22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA17,10,1614
11.31
(1) (g) (intro.) In any jurisdiction or district, other than a
technical college
15district or judicial district or circuit, with a population of 500,000 or more according
16to the most recent federal census covering the entire jurisdiction or district:
SB275-AA17,10,1918
17.01
(10m) By a member of a technical college district board, to the secretary
19of the district board.
SB275-AA17,10,2321
17.02
(2) Technical college district board. Of the resignation of a member
22of a technical college district board, by the secretary of the district board to the
23government accountability board.
SB275-AA17,11,3
117.17
(2) Technical college district board. In the office of member of a
2technical college district board, by the secretary of the district board to the
3government accountability board.
SB275-AA17, s. 26
4Section
26. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA17,11,135
17.27
(3) Technical college district board. Except as provided in s. 9.10, a
6vacancy in the office of member of a technical college district board may be filled by
7temporary appointment of the remaining members of the district board. The
8temporary appointee shall serve until a successor is elected and qualifies. If the
9vacancy occurs in any year after the first Tuesday in April and on or before December
101, the vacancy shall be filled for the residue of the unexpired term, if any, at the
11succeeding spring election. If the vacancy occurs in any year after December 1 or on
12or before the first Tuesday in April, the vacancy shall be filled for the residue of the
13unexpired term, if any, at the 2nd succeeding spring election.
SB275-AA17,11,1816
38.06
(6) Promptly upon issuance of a reorganization order by the board, the
17director of the board shall transmit a copy of the order to the government
18accountability board.
SB275-AA17, s. 29
19Section
29. 38.08 (1) (a) of the statutes is repealed and recreated to read:
SB275-AA17,11,2520
38.08
(1) (a) A district board shall administer the district and shall be composed
21of 9 members who are residents of the district. The members shall be elected to
22represent numbered election districts within each technical college district by the
23electors of each election district at the spring election. Each member of the district
24board shall be an elector of the numbered election district within the technical college
25district for which he or she seeks office.
SB275-AA17,12,32
38.08
(1) (b) District board members shall take office on July 1 and shall serve
3staggered 3-
year 4-year terms.
SB275-AA17,12,95
38.08
(1) (c) Promptly upon receipt of the determinations from the government
6accountability board under s. 7.70 (6) and upon appointment of any person to fill a
7temporary vacancy on the district board, the secretary of the district board shall send
8written notification of the name and address of each member and expiration date of
9each member's term to the director of the technical college system board.
SB275-AA17, s. 32
10Section
32. 38.08 (1g), (2) and (2m) of the statutes are repealed.
SB275-AA17,13,212
38.08
(6) (a) Within 90 days after the population count by block, established
13in the decennial federal census of population, and maps showing the location and
14numbering of census blocks become available in printed form from the federal
15government or are published for distribution by an agency of this state or within 90
16days after alteration of the boundaries of an existing district, the district board of
17each existing district shall apportion and prescribe the boundaries of 9 numbered
18election districts within the district, to be as nearly equal in population as possible.
19Within 90 days after the creation of any new district, the technical college system
20board shall similarly apportion and prescribe the boundaries of 9 numbered election
21districts within that district. Alterations in election districts resulting from
22boundary changes to existing districts may be made only to the extent required to
23facilitate the change. Insofar as possible, each election district shall be compact and
24observe the community of interest of existing neighborhoods. A detailed map and
25description of each election district prescribed by a district board shall be prepared
1and transmitted by the district board to the director of the technical college system
2board.
SB275-AA17,13,103
(b) All proposed district boundaries prescribed by a district board under par.
4(a) shall become effective only upon their approval by the technical college system
5board. If the technical college system board disapproves the proposed boundaries,
6the district board shall submit a revised districting plan for approval of the technical
7college system board. Upon approval of the election district boundaries within any
8district, the technical college system board shall promulgate the boundaries
9established under par. (a) as a rule under ch. 227. The boundaries shall become
10effective on the effective date of the rule.
SB275-AA17,14,1013
(1)
Initial election of district boards. Notwithstanding section 38.08 (6) of
14the statutes, as created by this act, within 60 days after the effective date of this
15subsection, the appointment committee of each technical college district shall adopt
16and transmit to the secretary of each technical college district board and the director
17of the technical college system board an initial districting plan for election districts
18as required by section 38.08 (6) of the statutes, as created by this act. The technical
19college system board shall review and determine its approval or disapproval of each
20plan as promptly as possible. If a plan is rejected, the appointment committee shall
21submit a new plan for approval. Notwithstanding section 227.24 (1) (a), (2) (b), and
22(3) of the statutes, the technical college system board may promulgate the plan as an
23emergency rule under section 227.24 of the statutes without providing evidence that
24promulgating a rule under this subsection as an emergency rule is necessary for the
25preservation of the public peace, health, safety, or welfare, and is not required to
1provide a finding of emergency for a rule promulgated under this subsection.
2Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule
3promulgated under this subsection applies until a rule replacing that rule takes
4effect or until the actions specified in section 227.24 (1) (d) of the statutes occur,
5whichever is sooner. Notwithstanding section 227.19 (4) to (6) of the statutes, the
6rule replacing a valid emergency rule adopted under this subsection may not contain
7any substantive change from the emergency rule. Notwithstanding sections 227.135
8(2) and (4) and 227.24 (1) (e) 1d. and 1g. of the statutes, a proposed emergency rule
9promulgated under this subsection and the statement of the scope of the proposed
10emergency rule are not subject to approval of the governor.
SB275-AA17,14,2211
(2)
Transitional terms. Notwithstanding
chapter 269, laws of 1981, section
22,
12and section 38.08 (1) (b) of the statutes, as affected by this act, the members of each
13technical college district board who hold office on the effective date of this subsection
14shall cease to hold office on July 1, 2013. At the 2013 spring election, 9 members shall
15be elected to each technical college district board for terms commencing on July 1,
162013. Notwithstanding section 38.08 (1) (b) of the statutes, as affected by this act,
17the persons elected to represent election districts numbered 1 and 2 at that election
18shall serve for terms of one year, the persons elected to represent election districts
19numbered 3 and 4 at that election shall serve for terms of 2 years, the persons elected
20to represent election districts numbered 5 and 6 at that election shall serve for terms
21of 3 years, and the persons elected to represent election districts numbered 7, 8, and
229 at that election shall serve for terms of 4 years.
SB275-AA17,15,223
(3)
Vacancies. Notwithstanding section 38.10, 2009 stats., the appointment
24committee of each technical college district shall not make any appointment to a
1technical college district board for the purpose of filling a vacancy resulting from
2expiration of a term of office after the effective date of this subsection.
SB275-AA17, s. 36
3Section
36.
Effective dates. This act takes effect on August 1, 2012, except
4as follows:
SB275-AA17,15,75
(1)
The treatment of sections 17.01 (10m), 17.02 (2), 17.17 (2), 17.27 (3), 38.04
6(15), 38.08 (1) (a), (b), and (c), (1g), (2), and (2m), 38.08 (6), and 38.10 of the statutes
7takes effect on July 1, 2013.".
