2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 45,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA45,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA45,1,6 31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Waukesha County technical college district board, providing an
5exemption from and extending the time limit for emergency rule procedures, and
6granting rule-making authority".
SB275-AA45,1,9 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-AA45,1,10 10" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA45,1,1311 5.02 (3) "Educational officer" means the state superintendent, a member of the
12Waukesha County technical college district board,
and a school board members
13member.
SB275-AA45,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial officers, educational and officers other than Waukesha County
3technical college district board members,
municipal officers, nonpartisan county
4officers and sewerage commissioners and to express preferences for the person to be
5the presidential candidate for each party in a year in which electors for president and
6vice president are to be elected.
SB275-AA45,2,11 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 Waukesha
11County technical college district board
.
SB275-AA45, s. 2 12Section 2. 5.62 (2m) of the statutes is created to read:
SB275-AA45,2,1813 5.62 (2m) Waukesha County technical college district board. In those years
14when a primary is scheduled, there shall be a separate ballot for member of the
15Waukesha County 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 Waukesha County Technical College District Board."
SB275-AA45, s. 3m 19Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA45,2,2020 5.64 (1) (title) Official ballot for partisan offices.
SB275-AA45, s. 4 21Section 4. 5.64 (1m) of the statutes is created to read:
SB275-AA45,3,222 5.64 (1m) Waukesha County technical college district board. In those years
23when an election is scheduled, there shall be a separate ballot for each member of the
24Waukesha County technical college district board. The government accountability
25board shall determine the official ballot arrangement for Waukesha County

1technical college district board candidates by using the same method as that used
2under 5.60 (1) (b).
SB275-AA45,3,63 (b) Only the 2 candidates for election to the Waukesha County 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-AA45, s. 6 7Section 6. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA45,4,38 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 Waukesha County 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-AA45, s. 7 4Section 7. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
5is amended to read:
SB275-AA45,4,246 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 Waukesha County technical college district
11board,
district attorney, and metropolitan sewerage commissioners, if the
12commissioners are elected under s. 200.09 (11) (am). The statement shall record the
13returns for each office or referendum by ward, unless combined returns are
14authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
15for each group of combined wards. Following primaries the county clerk shall enclose
16on forms prescribed by the government accountability board the names, party or
17principle designation, if any, and number of votes received by each candidate
18recorded in the same manner. The county clerk shall deliver or transmit the certified
19statement to the government accountability board no later than 9 days after each
20primary except the partisan primary, no later than 10 days after the partisan
21primary and any other election except the general election, and no later than 14 days
22after the general election. The board of canvassers shall deliver or transmit a
23certified copy of each statement for any technical college district referendum to the
24secretary of the technical college district board.
SB275-AA45, s. 7m 25Section 7m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA45,5,12
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; Waukesha
10County technical college district board member;
district attorney; metropolitan
11sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and
12for any referenda questions submitted by the legislature.
SB275-AA45, s. 8 13Section 8. 7.70 (6) of the statutes is created to read:
SB275-AA45,5,1814 7.70 (6) Waukesha County 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 Waukesha County technical college district board.
SB275-AA45, s. 10 19Section 10. 8.11 (6) of the statutes is created to read:
SB275-AA45,5,2320 8.11 (6) Waukesha County technical college district board members. A
21primary shall be held in an election for any seat on Waukesha County technical
22college district board whenever there are more than 2 candidates in any election
23district.
SB275-AA45, s. 10e 24Section 10e. 8.15 (5) (a) of the statutes is amended to read:
SB275-AA45,6,2
18.15 (5) (a) Each Except as provided in par. (am), each nomination paper shall
2have substantially the following words printed at the top:
SB275-AA45,6,113 I, the undersigned, request that the name of (insert candidate's last name plus
4first name, nickname or initial, and middle name, former legal surname, nickname
5or middle initial or initials if desired, but no other abbreviations or titles) residing
6at (insert candidate's street address) be placed on the ballot at the (general or special)
7election to be held on (date of election) as a candidate representing the (name of
8party) so that voters will have the opportunity to vote for (him or her) for the office
9of (name of office). I am eligible to vote in (name of jurisdiction or district in which
10candidate seeks office). I have not signed the nomination paper of any other
11candidate for the same office at this election.
SB275-AA45, s. 10g 12Section 10g. 8.15 (5) (am) of the statutes is created to read:
SB275-AA45,6,1513 8.15 (5) (am) For the office of member of the Waukesha County technical college
14district board, the nomination paper format under s. 8.10 (2) (b) shall apply except
15that reference to the general election shall be inserted.
SB275-AA45, s. 10m 16Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA45,6,1817 8.15 (6) (ds) For the office of member of the Waukesha County technical college
18district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA45, s. 11 19Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA45,6,2520 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
21town, of any congressional, legislative, judicial, Waukesha County technical college,
22town sanitary, or school district, or of any prosecutorial unit may petition for the
23recall of any incumbent elective official by filing a petition with the same official or
24agency with whom nomination papers or declarations of candidacy for the office are
25filed demanding the recall of the officeholder.
SB275-AA45, s. 12
1Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA45,7,52 9.10 (2) (b) A recall petition for a city, village, town, Waukesha County technical
3college district,
town sanitary district, or school district office shall contain a
4statement of a reason for the recall which is related to the official responsibilities of
5the official for whom removal is sought.
SB275-AA45, s. 13 6Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA45,7,207 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
8the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
9filing officer with whom the petition is filed. The petitioner shall append to the
10registration a statement indicating his or her intent to circulate a recall petition, the
11name of the officer for whom recall is sought and, in the case of a petition for the recall
12of a city, village, town, Waukesha County technical college district, town sanitary
13district, or school district officer, a statement of a reason for the recall which is related
14to the official responsibilities of the official for whom removal is sought. No petitioner
15may circulate a petition for the recall of an officer prior to completing registration.
16The last date that a petition for the recall of an officer may be offered for filing is 5
17p.m. on the 60th day commencing after registration. After the recall petition has
18been offered for filing, no name may be added or removed. No signature may be
19counted unless the date of the signature is within the period provided in this
20paragraph.
SB275-AA45, s. 14 21Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA45,8,222 9.10 (3) (a) This subsection applies to the recall of all elective officials other
23than city, village, town, Waukesha County technical college district, town sanitary
24district, and school district officials. City, village, town, Waukesha County technical

1college district,
town sanitary district, and school district officials are recalled under
2sub. (4).
SB275-AA45, s. 15 3Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA45,8,54 9.10 (4) (title) City, village, town, town sanitary district, Waukesha County
5technical college district, and school district offices.
SB275-AA45, s. 16 6Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA45,9,117 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
8Waukesha County technical college district, town sanitary district, or school district
9official, is offered for filing, the officer against whom the petition is filed may file a
10written challenge with the municipal clerk or board of election commissioners or
11school district clerk
official or agency with whom it is filed, specifying any alleged
12insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
13challenge with the clerk or board of election commissioners official or agency within
145 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
15petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
16after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
17filing a reply to a rebuttal, the clerk or board of election commissioners official or
18agency
shall file the certificate or an amended certificate. Within 31 days after the
19petition is offered for filing, the clerk or board of election commissioners official or
20agency
shall determine by careful examination of the face of the petition whether the
21petition is sufficient and shall so state in a certificate attached to the petition. If the
22petition is found to be insufficient, the certificate shall state the particulars creating
23the insufficiency. The petition may be amended to correct any insufficiency within
245 days following the affixing of the original certificate. Within 2 days after the
25offering of the amended petition for filing, the clerk or board of election

1commissioners
official or agency shall again carefully examine the face of the petition
2to determine sufficiency and shall attach to the petition a certificate stating the
3findings. Immediately upon finding an original or amended petition sufficient,
4except in cities over 500,000 population and in the Waukesha County technical
5college district
, the municipal clerk or school district clerk official shall transmit the
6petition to the governing body or to the school board. Immediately upon finding an
7original or amended petition sufficient, in cities over 500,000 population, the board
8of election commissioners shall file the petition in its office. Immediately upon
9finding an original or amended petition sufficient, in the Waukesha County technical
10college district, the government accountability board shall file the petition in its
11office.
SB275-AA45, s. 17 12Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA45,9,1813 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
14body, school board, or board of election commissioners , or government accountability
15board
shall call a recall election. The recall election shall be held on the Tuesday of
16the 6th week commencing after the date on which the certificate is filed, except that
17if Tuesday is a legal holiday the recall election shall be held on the first day after
18Tuesday which is not a legal holiday.
SB275-AA45, s. 18 19Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA45,9,2320 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
21article XIII, section 12, of the constitution and to extend the same rights to electors
22of cities, villages, towns, the Waukesha County technical college district, town
23sanitary districts, and school districts.
SB275-AA45, s. 19 24Section 19. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA45,10,2
111.26 (1) (c) Candidates for representative to the assembly or member of the
2Waukesha County technical college district board
, $500.
SB275-AA45, s. 20 3Section 20. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA45,10,54 11.26 (2) (c) Candidates for representative to the assembly or member of the
5Waukesha County technical college district board
, $500.
SB275-AA45, s. 21 6Section 21. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA45,10,107 11.31 (1) (f) Candidates for representative to the assembly or member of the
8Waukesha County technical college district board, $17,250 total in the primary and
9election, with disbursements not exceeding $10,775 for either the primary or the
10election.
SB275-AA45, s. 22 11Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA45,10,1512 11.31 (1) (g) (intro.) In any jurisdiction or district, other than the Waukesha
13County technical college district or
a judicial district or circuit, with a population of
14500,000 or more according to the most recent federal census covering the entire
15jurisdiction or district:
SB275-AA45, s. 23 16Section 23. 17.01 (10m) of the statutes is created to read:
SB275-AA45,10,1817 17.01 (10m) By a member of the Waukesha County technical college district
18board, to the secretary of the district board.
SB275-AA45, s. 24 19Section 24. 17.02 (2) of the statutes is created to read:
SB275-AA45,10,2220 17.02 (2) Waukesha County technical college district board. Of the
21resignation of a member of the Waukesha County technical college district board, by
22the secretary of the district board to the government accountability board.
SB275-AA45, s. 25 23Section 25. 17.17 (2) of the statutes is created to read:
SB275-AA45,11,3
117.17 (2) Waukesha County technical college district board. In the office
2of member of the Waukesha County technical college district board, by the secretary
3of the district board to the government accountability board.
SB275-AA45, s. 26 4Section 26. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA45,11,145 17.27 (3) Waukesha County technical college district board. Except as
6provided in s. 9.10, a vacancy in the office of member of the Waukesha County
7technical college district board may be filled by temporary appointment of the
8remaining members of the district board. The temporary appointee shall serve until
9a successor is elected and qualifies. If the vacancy occurs in any year after the
10Tuesday after the first Monday in November, and on or before April 15, the vacancy
11shall be filled for the residue of the unexpired term, if any, at the succeeding general
12election. If the vacancy occurs in any year after April 15 or on or before the Tuesday
13after the first Monday in November, the vacancy shall be filled for the residue of the
14unexpired term, if any, at the 2nd succeeding general election.
SB275-AA45, s. 28 15Section 28. 38.06 (6) of the statutes is created to read:
SB275-AA45,11,1816 38.06 (6) Promptly upon issuance of a reorganization order for the Waukesha
17County district by the board, the director of the board shall transmit a copy of the
18order to the government accountability board.
SB275-AA45, s. 28m 19Section 28m. 38.08 (1) (a) 1. of the statutes is amended to read:
SB275-AA45,11,2520 38.08 (1) (a) 1. A Except as provided in subd. 1m, a district board shall
21administer the district and shall be composed of 9 members who are residents of the
22district, including 2 employers, 2 employees, 3 additional members, a school district
23administrator, as defined under s. 115.001 (8), and one elected official who holds a
24state or local office, as defined in s. 5.02. The board shall by rule define "employer"
25and "employee" for the purpose of this subdivision.
SB275-AA45, s. 29
1Section 29. 38.08 (1) (a) 1m. of the statutes created to read:
SB275-AA45,12,72 38.08 (1) (a) 1m. The members of the Waukesha County district board shall
3be elected to represent numbered election districts within the Waukesha County
4technical college district by the electors of each election district on a nonpartisan
5ballot at the general election. Each member of the district board shall be an elector
6of the numbered election district within the technical college district for which he or
7she seeks office.
SB275-AA45, s. 30 8Section 30. 38.08 (1) (b) of the statutes is amended to read:
SB275-AA45,12,109 38.08 (1) (b) Except as provided in par. (c), district board members shall take
10office on July 1 and shall serve staggered 3-year terms.
SB275-AA45, s. 31 11Section 31. 38.08 (1) (c) of the statutes is created to read:
SB275-AA45,12,1912 38.08 (1) (c) District board members in the Waukesha County district shall
13serve 4-year terms and shall take office on the first Monday in January following
14their election. Promptly upon receipt of the determinations from the government
15accountability board under s. 7.70 (6) and upon appointment of any person to fill a
16temporary vacancy on the Waukesha County district board, the secretary of the
17district board shall send written notification of the name and address of each
18member and expiration date of each member's term to the director of the technical
19college system board.
SB275-AA45, s. 31e 20Section 31e. 38.08 (1g) of the statutes is repealed.
SB275-AA45, s. 31j 21Section 31j. 38.08 (2) and (2m) of the statutes are amended to read:
SB275-AA45,13,222 38.08 (2) Members of a district board other than the Waukesha County
23technical college district board
shall serve until their successors are appointed and
24qualified. A vacancy shall be filled for any unexpired term of more than 90 days in
25the manner provided for the making of original appointments in s. 38.10, except that

1if a vacancy occurs within 120 days preceding a spring election, the vacancy need not
2be filled until 60 days after the spring election, in the manner provided in s. 38.10.
SB275-AA45,13,5 3(2m) Any member of a district board other than the Waukesha County
4technical college district board
serving as an elected official under sub. (1) (a) 1. shall
5cease to be a member upon vacating his or her office as an elected official.
SB275-AA45, s. 33 6Section 33. 38.08 (6) of the statutes is created to read:
SB275-AA45,13,197 38.08 (6) (a) Within 90 days after the population count by block, established
8in the decennial federal census of population, and maps showing the location and
9numbering of census blocks become available in printed form from the federal
10government or are published for distribution by an agency of this state or within 90
11days after alteration of the boundaries of an existing district, the district board of the
12Waukesha County district shall apportion and prescribe the boundaries of 9
13numbered election districts within the district, to be as nearly equal in population
14as possible. Alterations in election districts resulting from boundary changes to the
15existing district may be made only to the extent required to facilitate the change.
16Insofar as possible, each election district shall be compact and observe the
17community of interest of existing neighborhoods. A detailed map and description of
18each election district prescribed by the district board shall be prepared and
19transmitted by the district board to the director of the technical college system board.
SB275-AA45,14,220 (b) All proposed district boundaries prescribed by the Waukesha County
21district board under par. (a) shall become effective only upon their approval by the
22technical college system board. If the technical college system board disapproves the
23proposed boundaries, the district board shall submit a revised districting plan for
24approval of the technical college system board. Upon approval of the election district
25boundaries within any district, the technical college system board shall promulgate

1the boundaries established under par. (a) as a rule under ch. 227. The boundaries
2shall become effective on the effective date of the rule.
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