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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 48,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA48,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA48,1,6 31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Nicolet area technical college district board, providing an exemption
5from and extending the time limit for emergency rule procedures, and granting
6rule-making authority".
SB275-AA48,1,9 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-AA48,1,10 10" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA48,1,1211 5.02 (3) "Educational officer" means the state superintendent, a member of the
12Nicolet area technical college district board,
and a school board members member.
SB275-AA48,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial officers, educational and officers other than Nicolet 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-AA48,2,11 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 Nicolet area
11technical college district board
.
SB275-AA48, s. 2 12Section 2. 5.62 (2m) of the statutes is created to read:
SB275-AA48,2,1813 5.62 (2m) Nicolet area technical college district board. In those years
14when a primary is scheduled, there shall be a separate ballot for member of the
15Nicolet area technical college district board. Arrangement of the names on the ballot
16shall be determined by the government accountability board in the same manner as
17provided under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for
18Nicolet area Technical College District Board."
SB275-AA48, s. 3m 19Section 3m. 5.64 (1) (title) of the statutes is repealed and recreated to read:
SB275-AA48,2,2020 5.64 (1) (title) Official ballot for partisan offices.
SB275-AA48, s. 4 21Section 4. 5.64 (1m) of the statutes is created to read:
SB275-AA48,3,222 5.64 (1m) Nicolet area technical college district board. In those years
23when an election is scheduled, there shall be a separate ballot for each member of the
24Nicolet area technical college district board. The government accountability board

1shall determine the official ballot arrangement for Nicolet area technical college
2district board candidates by using the same method as that used under 5.60 (1) (b).
SB275-AA48,3,63 (b) Only the 2 candidates for election to the Nicolet 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-AA48, s. 6 7Section 6. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA48,4,38 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 Nicolet area technical college
12district boards;
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-AA48, s. 7 4Section 7. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
5is amended to read:
SB275-AA48,4,246 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 Nicolet 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-AA48, s. 7m 25Section 7m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA48,5,12
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; Nicolet
10area 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-AA48, s. 8 13Section 8. 7.70 (6) of the statutes is created to read:
SB275-AA48,5,1814 7.70 (6) Nicolet 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 Nicolet area technical college district board.
SB275-AA48, s. 10 19Section 10. 8.11 (6) of the statutes is created to read:
SB275-AA48,5,2220 8.11 (6) Nicolet area technical college district board members. A primary
21shall be held in an election for any seat on Nicolet area technical college district board
22whenever there are more than 2 candidates in any election district.
SB275-AA48, s. 10e 23Section 10e. 8.15 (5) (a) of the statutes is amended to read:
SB275-AA48,5,2524 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-AA48,6,9
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-AA48, s. 10g 10Section 10g. 8.15 (5) (am) of the statutes is created to read:
SB275-AA48,6,1311 8.15 (5) (am) For the office of member of the Nicolet 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-AA48, s. 10m 14Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA48,6,1615 8.15 (6) (ds) For the office of member of the Nicolet area technical college
16district board from any election district, not less than 200 nor more than 400 electors.
SB275-AA48, s. 11 17Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA48,6,2318 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
19town, of any congressional, legislative, judicial, Nicolet area technical college, town
20sanitary, or school district, or of any prosecutorial unit may petition for the recall of
21any incumbent elective official by filing a petition with the same official or agency
22with whom nomination papers or declarations of candidacy for the office are filed
23demanding the recall of the officeholder.
SB275-AA48, s. 12 24Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA48,7,4
19.10 (2) (b) A recall petition for a city, village, town, Nicolet 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-AA48, s. 13 5Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA48,7,186 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, Nicolet area technical college district, town sanitary district,
12or school district officer, a statement of a reason for the recall which is related to the
13official responsibilities of the official for whom removal is sought. No petitioner may
14circulate a petition for the recall of an officer prior to completing registration. The
15last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
16on the 60th day commencing after registration. After the recall petition has been
17offered for filing, no name may be added or removed. No signature may be counted
18unless the date of the signature is within the period provided in this paragraph.
SB275-AA48, s. 14 19Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA48,7,2320 9.10 (3) (a) This subsection applies to the recall of all elective officials other
21than city, village, town, Nicolet area technical college district, town sanitary district,
22and school district officials. City, village, town, Nicolet area technical college district,
23town sanitary district, and school district officials are recalled under sub. (4).
SB275-AA48, s. 15 24Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA48,8,2
19.10 (4) (title) City, village, town, town sanitary district, Nicolet area
2technical college district, and school district offices.
SB275-AA48, s. 16 3Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA48,9,74 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
5Nicolet area technical college district, town sanitary district, or school district
6official, is offered for filing, the officer against whom the petition is filed may file a
7written challenge with the municipal clerk or board of election commissioners or
8school district clerk
official or agency with whom it is filed, specifying any alleged
9insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
10challenge with the clerk or board of election commissioners official or agency within
115 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
12petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
13after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
14filing a reply to a rebuttal, the clerk or board of election commissioners official or
15agency
shall file the certificate or an amended certificate. Within 31 days after the
16petition is offered for filing, the clerk or board of election commissioners official or
17agency
shall determine by careful examination of the face of the petition whether the
18petition is sufficient and shall so state in a certificate attached to the petition. If the
19petition is found to be insufficient, the certificate shall state the particulars creating
20the insufficiency. The petition may be amended to correct any insufficiency within
215 days following the affixing of the original certificate. Within 2 days after the
22offering of the amended petition for filing, the clerk or board of election
23commissioners
official or agency shall again carefully examine the face of the petition
24to determine sufficiency and shall attach to the petition a certificate stating the
25findings. Immediately upon finding an original or amended petition sufficient,

1except in cities over 500,000 population and in the Nicolet area technical college
2district
, the municipal clerk or school district clerk official shall transmit the petition
3to the governing body or to the school board. Immediately upon finding an original
4or amended petition sufficient, in cities over 500,000 population, the board of election
5commissioners shall file the petition in its office. Immediately upon finding an
6original or amended petition sufficient, in the Nicolet area technical college district,
7the government accountability board shall file the petition in its office.
SB275-AA48, s. 17 8Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA48,9,149 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
10body, school board, or board of election commissioners , or government accountability
11board
shall call a recall election. The recall election shall be held on the Tuesday of
12the 6th week commencing after the date on which the certificate is filed, except that
13if Tuesday is a legal holiday the recall election shall be held on the first day after
14Tuesday which is not a legal holiday.
SB275-AA48, s. 18 15Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA48,9,1916 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
17article XIII, section 12, of the constitution and to extend the same rights to electors
18of cities, villages, towns, the Nicolet area technical college district, town sanitary
19districts, and school districts.
SB275-AA48, s. 19 20Section 19. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA48,9,2221 11.26 (1) (c) Candidates for representative to the assembly or member of the
22Nicolet area technical college district board
, $500.
SB275-AA48, s. 20 23Section 20. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA48,9,2524 11.26 (2) (c) Candidates for representative to the assembly or member of the
25Nicolet area technical college district board
, $500.
SB275-AA48, s. 21
1Section 21. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA48,10,52 11.31 (1) (f) Candidates for representative to the assembly or member of the
3Nicolet area technical college district board, $17,250 total in the primary and
4election, with disbursements not exceeding $10,775 for either the primary or the
5election.
SB275-AA48, s. 22 6Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA48,10,107 11.31 (1) (g) (intro.) In any jurisdiction or district, other than the Nicolet area
8technical college district or
a judicial district or circuit, with a population of 500,000
9or more according to the most recent federal census covering the entire jurisdiction
10or district:
SB275-AA48, s. 23 11Section 23. 17.01 (10m) of the statutes is created to read:
SB275-AA48,10,1312 17.01 (10m) By a member of the Nicolet area technical college district board,
13to the secretary of the district board.
SB275-AA48, s. 24 14Section 24. 17.02 (2) of the statutes is created to read:
SB275-AA48,10,1715 17.02 (2) Nicolet area technical college district board. Of the resignation
16of a member of the Nicolet area technical college district board, by the secretary of
17the district board to the government accountability board.
SB275-AA48, s. 25 18Section 25. 17.17 (2) of the statutes is created to read:
SB275-AA48,10,2119 17.17 (2) Nicolet area technical college district board. In the office of
20member of the Nicolet area technical college district board, by the secretary of the
21district board to the government accountability board.
SB275-AA48, s. 26 22Section 26. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA48,11,723 17.27 (3) Nicolet area technical college district board. Except as provided
24in s. 9.10, a vacancy in the office of member of the Nicolet area technical college
25district board may be filled by temporary appointment of the remaining members of

1the district board. The temporary appointee shall serve until a successor is elected
2and qualifies. If the vacancy occurs in any year after the Tuesday after the first
3Monday in November, and on or before April 15, the vacancy shall be filled for the
4residue of the unexpired term, if any, at the succeeding general election. If the
5vacancy occurs in any year after April 15 or on or before the Tuesday after the first
6Monday in November, the vacancy shall be filled for the residue of the unexpired
7term, if any, at the 2nd succeeding general election.
SB275-AA48, s. 28 8Section 28. 38.06 (6) of the statutes is created to read:
SB275-AA48,11,119 38.06 (6) Promptly upon issuance of a reorganization order for the Nicolet area
10district by the board, the director of the board shall transmit a copy of the order to
11the government accountability board.
SB275-AA48, s. 28m 12Section 28m. 38.08 (1) (a) 1. of the statutes is amended to read:
SB275-AA48,11,1813 38.08 (1) (a) 1. A Except as provided in subd. 1m, a district board shall
14administer the district and shall be composed of 9 members who are residents of the
15district, including 2 employers, 2 employees, 3 additional members, a school district
16administrator, as defined under s. 115.001 (8), and one elected official who holds a
17state or local office, as defined in s. 5.02. The board shall by rule define "employer"
18and "employee" for the purpose of this subdivision.
SB275-AA48, s. 29 19Section 29. 38.08 (1) (a) 1m. of the statutes is created to read:
SB275-AA48,11,2420 38.08 (1) (a) 1m. The members of the Nicolet area district board shall be elected
21to represent numbered election districts within the Nicolet area technical college
22district by the electors of each election district on a nonpartisan ballot at the general
23election. Each member of the district board shall be an elector of the numbered
24election district within the technical college district for which he or she seeks office.
SB275-AA48, s. 30 25Section 30. 38.08 (1) (b) of the statutes is amended to read:
SB275-AA48,12,2
138.08 (1) (b) Except as provided in par. (c), district board members shall take
2office on July 1 and shall serve staggered 3-year terms.
SB275-AA48, s. 31 3Section 31. 38.08 (1) (c) of the statutes is created to read:
SB275-AA48,12,114 38.08 (1) (c) District board members in the Nicolet area district shall serve
54-year terms and shall take office on the first Monday in January following their
6election. Promptly upon receipt of the determinations from the government
7accountability board under s. 7.70 (6) and upon appointment of any person to fill a
8temporary vacancy on the Nicolet area district board, the secretary of the district
9board shall send written notification of the name and address of each member and
10expiration date of each member's term to the director of the technical college system
11board.
SB275-AA48, s. 31e 12Section 31e. 38.08 (1g) of the statutes is repealed.
SB275-AA48, s. 31j 13Section 31j. 38.08 (2) and (2m) of the statutes are amended to read:
SB275-AA48,12,1914 38.08 (2) Members of a district board other than the Nicolet area technical
15college district board
shall serve until their successors are appointed and qualified.
16A vacancy shall be filled for any unexpired term of more than 90 days in the manner
17provided for the making of original appointments in s. 38.10, except that if a vacancy
18occurs within 120 days preceding a spring election, the vacancy need not be filled
19until 60 days after the spring election, in the manner provided in s. 38.10.
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