LRBa2909/1
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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 27,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Hulsey.
SB275-AA27,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA27,1,7 31. Page 1, line 5: delete the material beginning with that line and ending with
4page 6, line 20, including the material inserted by senate amendment 1, and
5substitute "the Western technical college district board, providing an exemption
6from and extending the time limit for emergency rule procedures, and granting
7rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB275-AA27, s. 1 8Section 1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB275-AA27,1,109 5.02 (3) "Educational officer" means the state superintendent, a member of the
10Western technical college district board,
and a school board members member.
SB275-AA27,2,4 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,

1representatives in congress, presidential electors, state senators, representatives to
2the assembly, district attorneys, state officers other than the state superintendent,
3members of the Western technical college district boards,
and judicial officers, and
4county officers other than supervisors and county executives.
SB275-AA27,2,9 5(23) "State office" means the offices of governor, lieutenant governor, secretary
6of state, state treasurer, attorney general, state superintendent, justice of the
7supreme court, court of appeals judge, circuit court judge, state senator, state
8representative to the assembly and, district attorney, and member of the Western
9technical college district board
.
SB275-AA27, s. 2 10Section 2. 5.58 (2s) of the statutes is created to read:
SB275-AA27,2,1511 5.58 (2s) Western technical college district board. In those years when a
12primary is scheduled, there shall be a separate ballot for member of the Western
13technical college district board. Arrangement of the names on the ballot shall be
14determined by the government accountability board under s. 5.60 (1) (b). The ballot
15shall be titled "Official Primary Ballot for Western Technical College District Board."
SB275-AA27, s. 3 16Section 3. 5.58 (3) of the statutes, as affected by 2011 Wisconsin Act 62, is
17amended to read:
SB275-AA27,3,1118 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent,
19for any judicial office, for any elected seat on a metropolitan sewerage commission
20or town sanitary district commission, for member of the Western technical college
21district board from any election district,
in counties having a population of 750,000
22or more, only 2 candidates for the office of comptroller, in counties having a
23population of 500,000 or more only 2 candidates for member of the board of
24supervisors within each district, in counties having a population of less than 500,000
25only 2 candidates for each member of the county board of supervisors from each

1district or numbered seat or only 4 candidates for each 2 members of the county board
2of supervisors from each district whenever 2 supervisors are elected to unnumbered
3seats from the same district, in 1st class cities only 2 candidates for any at-large seat
4and only 2 candidates from any election district to be elected to the board of school
5directors, in school districts electing school board members to numbered seats, or
6pursuant to an apportionment plan or district representation plan, only 2 school
7board candidates for each numbered seat or within each district, and twice as many
8candidates as are to be elected members of other school boards or other elective
9officers receiving the highest number of votes at the primary shall be nominees for
10the office at the spring election. Only their names shall appear on the official spring
11ballot.
SB275-AA27, s. 4 12Section 4. 5.60 (1) (title) of the statutes, as affected by 2011 Wisconsin Act 62,
13is amended to read:
SB275-AA27,3,1514 5.60 (1) (title) State superintendent Nonpartisan state officers; judiciary;
15county executive; county comptroller; and county
supervisors supervisor.
SB275-AA27, s. 5 16Section 5. 5.60 (1) (am) of the statutes is created to read:
SB275-AA27,3,2117 5.60 (1) (am) In those years when an election is scheduled, there shall be a
18separate ballot for each member of the Western technical college district board. The
19government accountability board shall determine the official ballot arrangement for
20technical college district board candidates by using the same method as that used
21under par. (b).
SB275-AA27, s. 6 22Section 6. 5.60 (1) (b) of the statutes is amended to read:
SB275-AA27,4,823 5.60 (1) (b) The board shall certify the candidates' names and designate the
24official ballot arrangement for candidates for state superintendent, justice, court of
25appeals judge, circuit judge, member of the Western technical college district board,

1and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan
2sewerage commission. The arrangement of names of all candidates on the ballot
3whose nomination papers are filed with the board shall be determined by the board
4by the drawing of lots not later than the 2nd Tuesday in January, or the next day if
5the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing
6of all candidates for that office shall be held by or under the supervision of the board
7not later than the 3rd day following the completion of the primary canvass to
8determine the arrangement of candidates on the election ballot.
SB275-AA27, s. 7 9Section 7. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA27,5,510 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
11showing the numbers of votes cast for the offices of president and vice president; state
12officials; U.S. senators and representatives in congress; state legislators; justice;
13court of appeals judge; circuit judges; members of the Western technical college
14district board;
district attorneys; and metropolitan sewerage commissioners, if the
15commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
16under s. 755.01 (4) serves a municipality that is located partially within the county
17and candidates for that judgeship file nomination papers in another county, the
18board of canvassers shall prepare a duplicate statement showing the numbers of
19votes cast for that judgeship in that county for transmittal to the other county. For
20partisan candidates, the statements shall include the political party or principle
21designation, if any, next to the name of each candidate. The board of canvassers shall
22also prepare a statement showing the results of any county, technical college district,
23or statewide referendum. Each statement shall state the total number of votes cast
24in the county for each office; the names of all persons for whom the votes were cast,
25as returned; the number of votes cast for each person; and the number of votes cast

1for and against any question submitted at a referendum. The board of canvassers
2shall use one copy of each duplicate statement to report to the government
3accountability board, technical college district board, or board of canvassers of any
4other county and shall file the other statement in the office of the county clerk or
5board of election commissioners.
SB275-AA27, s. 8 6Section 8. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Acts 75
7and 115 is amended to read:
SB275-AA27,6,28 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
9or transmit to the government accountability board a certified copy of each statement
10of the county board of canvassers for president and vice president, state officials,
11senators and representatives in congress, state legislators, justice, court of appeals
12judge, circuit judge, members of the Western technical college district board, district
13attorney, and metropolitan sewerage commissioners, if the commissioners are
14elected under s. 200.09 (11) (am). The statement shall record the returns for each
15office or referendum by ward, unless combined returns are authorized under s. 5.15
16(6) (b) in which case the statement shall record the returns for each group of
17combined wards. Following primaries the county clerk shall enclose on forms
18prescribed by the government accountability board the names, party or principle
19designation, if any, and number of votes received by each candidate recorded in the
20same manner. The county clerk shall deliver or transmit the certified statement to
21the government accountability board no later than 9 days after each primary except
22the partisan primary, no later than 10 days after the partisan primary and any other
23election except the general election, and no later than 14 days after the general
24election. The board of canvassers shall deliver or transmit a certified copy of each

1statement for any technical college district referendum to the secretary of the
2technical college district board.
SB275-AA27, s. 9 3Section 9. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA27,6,154 7.70 (3) (d) When the certified statements and returns are received, the
5chairperson of the board or the chairperson's designee shall proceed to examine and
6make a statement of the total number of votes cast at any election for the offices
7involved in the election for president and vice president; a statement for each of the
8offices of governor, lieutenant governor, if a primary, and a joint statement for the
9offices of governor and lieutenant governor, if a general election; a statement for each
10of the offices of secretary of state, state treasurer, attorney general, and state
11superintendent; for U.S. senator; representative in congress for each congressional
12district; the state legislature; justice; court of appeals judge; circuit judge; Western
13technical college district board member;
district attorney; metropolitan sewerage
14commission, if the commissioners are elected under s. 200.09 (11) (am); and for any
15referenda questions submitted by the legislature.
SB275-AA27, s. 10 16Section 10. 7.70 (6) of the statutes is created to read:
SB275-AA27,6,2117 7.70 (6) Western technical college district board members; determinations.
18The government accountability board shall transmit to the secretary of the technical
19college district board a copy of the certified determination of the chairperson of the
20government accountability board or his or her designee for the election of each
21member of the Western technical college district board.
SB275-AA27, s. 11 22Section 11. 8.10 (3) (ae) of the statutes is created to read:
SB275-AA27,6,2423 8.10 (3) (ae) For the office of member of the Western technical college district
24board from any election district, not less than 200 nor more than 400 electors.
SB275-AA27, s. 12 25Section 12. 8.11 (6) of the statutes is created to read:
SB275-AA27,7,3
18.11 (6) Western technical college district board members. A primary shall
2be held in an election for any seat on the Western technical college district board
3whenever there are more than 2 candidates in any election district.
SB275-AA27, s. 13 4Section 13. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA27,7,105 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
6town, of any congressional, legislative, judicial, town sanitary, or school district, of
7the Western technical college district,
or of any prosecutorial unit may petition for
8the recall of any incumbent elective official by filing a petition with the same official
9or agency with whom nomination papers or declarations of candidacy for the office
10are filed demanding the recall of the officeholder.
SB275-AA27, s. 14 11Section 14. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA27,7,1512 9.10 (2) (b) A recall petition for a city, village, town, Western technical college
13district,
town sanitary district, or school district office shall contain a statement of
14a reason for the recall which is related to the official responsibilities of the official for
15whom removal is sought.
SB275-AA27, s. 15 16Section 15. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA27,8,417 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
18the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
19filing officer with whom the petition is filed. The petitioner shall append to the
20registration a statement indicating his or her intent to circulate a recall petition, the
21name of the officer for whom recall is sought and, in the case of a petition for the recall
22of a city, village, town, Western technical college district, town sanitary district, or
23school district officer, a statement of a reason for the recall which is related to the
24official responsibilities of the official for whom removal is sought. No petitioner may
25circulate a petition for the recall of an officer prior to completing registration. The

1last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
2on the 60th day commencing after registration. After the recall petition has been
3offered for filing, no name may be added or removed. No signature may be counted
4unless the date of the signature is within the period provided in this paragraph.
SB275-AA27, s. 16 5Section 16. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA27,8,96 9.10 (3) (a) This subsection applies to the recall of all elective officials other
7than city, village, town, Western technical college district, town sanitary district, and
8school district officials. City, village, town, Western technical college district, town
9sanitary district, and school district officials are recalled under sub. (4).
SB275-AA27, s. 17 10Section 17. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA27,8,1211 9.10 (4) (title) City, village, town, town sanitary district, Western technical
12college district,
and school district offices.
SB275-AA27, s. 18 13Section 18. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA27,9,1714 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
15Western technical college district, town sanitary district, or school district official,
16is offered for filing, the officer against whom the petition is filed may file a written
17challenge with the municipal clerk or board of election commissioners or school
18district clerk
official or agency with whom it is filed, specifying any alleged
19insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
20challenge with the clerk or board of election commissioners official or agency within
215 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
22petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
23after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
24filing a reply to a rebuttal, the clerk or board of election commissioners official or
25agency
shall file the certificate or an amended certificate. Within 31 days after the

1petition is offered for filing, the clerk or board of election commissioners official or
2agency
shall determine by careful examination of the face of the petition whether the
3petition is sufficient and shall so state in a certificate attached to the petition. If the
4petition is found to be insufficient, the certificate shall state the particulars creating
5the insufficiency. The petition may be amended to correct any insufficiency within
65 days following the affixing of the original certificate. Within 2 days after the
7offering of the amended petition for filing, the clerk or board of election
8commissioners
official or agency shall again carefully examine the face of the petition
9to determine sufficiency and shall attach to the petition a certificate stating the
10findings. Immediately upon finding an original or amended petition sufficient,
11except in cities over 500,000 population and in the Western technical college district,
12the municipal clerk or school district clerk official shall transmit the petition to the
13governing body or to the school board. Immediately upon finding an original or
14amended petition sufficient, in cities over 500,000 population, the board of election
15commissioners shall file the petition in its office. Immediately upon finding an
16original or amended petition sufficient, in the Western technical college district, the
17government accountability board shall file the petition in its office.
SB275-AA27, s. 19 18Section 19. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA27,9,2419 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
20body, school board, or board of election commissioners , or government accountability
21board
shall call a recall election. The recall election shall be held on the Tuesday of
22the 6th week commencing after the date on which the certificate is filed, except that
23if Tuesday is a legal holiday the recall election shall be held on the first day after
24Tuesday which is not a legal holiday.
SB275-AA27, s. 20 25Section 20. 9.10 (7) of the statutes is amended to read:
SB275-AA27,10,4
19.10 (7) Purpose. The purpose of this section is to facilitate the operation of
2article XIII, section 12, of the constitution and to extend the same rights to electors
3of cities, villages, towns, the Western technical college district, town sanitary
4districts, and school districts.
SB275-AA27, s. 21 5Section 21. 11.26 (1) (c) of the statutes is amended to read:
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