Currently, municipalities having a population of 7,500 or more must use voting
machines or an electronic voting system at every election. This bill requires any local
governmental unit that elects to use the preferential voting method for the election
of its officers to ensure that an electronic voting system is used in every municipality
that lies wholly or partially within the jurisdiction of the local governmental unit at
every election where this method of voting is used. If a municipality that lies within
the jurisdiction does not utilize an electronic voting system, the local governmental
unit must provide notice to the municipality that an electronic voting system will be
required at least nine months before the initial election at which the voting method
is to be used. The affected municipality must then acquire the necessary voting
system at municipal expense in time for the system to be used at the election.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB888, s. 1 1Section 1. 5.01 (3) (a) of the statutes is amended to read:
AB888,3,52 5.01 (3) (a) Except as provided in par. pars. (b) and (c), in every election to
3choose any officer, each elector has one vote for each office unless clearly indicated
4otherwise. The person receiving the greatest number of legal votes for the office shall
5be declared elected, and the canvassers shall so determine and certify.
AB888, s. 2 6Section 2. 5.01 (3) (c) of the statutes is created to read:
AB888,3,107 5.01 (3) (c) In every election for a local office in which the preferential voting
8method is used, any person who receives a majority of the first-choice votes shall be
9declared elected, and if no person receives a majority of first-choice votes, the
10election shall be determined in accordance with s. 7.515.
AB888, s. 3 11Section 3. 5.01 (4) (e) of the statutes is created to read:
AB888,4,212 5.01 (4) (e) This subsection applies to elections at which the preferential voting
13method is used to break ties between candidates for an office or seat who receive the
14same number of votes of specified choice, but does not apply at such elections if more

1than one candidate for an office or seat receives the same number of lowest-choice
2votes.
AB888, s. 4 3Section 4. 5.20 of the statutes is created to read:
AB888,4,4 45.20 Preferential voting method. (1) In this section:
AB888,4,65 (a) "Local governmental unit" means a county, city, village, town, or special
6purpose district.
AB888,4,117 (b) "Preferential voting" means a voting method in which the electors voting
8in an election for an elective office are permitted to express and order their
9preferences for all candidates whose names appear on the ballot for the same office
10or seat, or in a partisan primary election, for all candidates whose names appear on
11the ballot of the party selected by the elector for the same office or seat.
AB888,4,21 12(2) Except as provided in ss. 8.05 (1) (L) and 9.10 (3) (d), the policy-making body
13of any local governmental unit that is served by elective officers may adopt
14preferential voting as the method of voting and determination of the results of all
15elections for offices to be filled in the local governmental unit. If the preferential
16voting method is to be used in elections for the office of municipal judge of a joint
17municipal court under s. 755.01 (4), the governing body of each contracting
18municipality shall act under this subsection. A body may act under this subsection
19by ordinance or, if the body does not enact ordinances, by resolution adopted at a
20meeting of the body. A policy-making body that has adopted preferential voting
21under this subsection may revoke that action in like manner.
AB888,4,24 22(3) Action of a body under sub. (2) is effective for all elections held for the
23election of officers of a local governmental unit on and after the 120th day beginning
24after the action is taken, except as provided in sub. (7).
AB888,5,12
1(4) In jurisdictions where preferential voting is used, an elector may cast as
2many preferential votes for each office as there are candidates for the office whose
3names appear on the ballot. If more than one seat on a policy-making body is to be
4filled at large, an elector may cast one vote for each seat that is contested, multiplied
5by the number of candidates, and may cast as many preferential votes for the seats
6to be filled as there are candidates for those seats whose names appear on the ballot.
7If write-in votes are permitted, a voter may vote for a write-in candidate in lieu of
8any candidate whose name appears on the ballot. To indicate a preference, an elector
9shall mark his or her ballot with or cause the voting machine to reflect the elector's
10first choice, 2nd choice, 3rd choice, and subsequent choices, if any. An elector is not
11required to indicate a choice and is not required to indicate as many choices as the
12elector is eligible to indicate.
AB888,5,19 13(5) The preferential voting method may not be used for balloting or canvassing
14within any ward or election district in which an election for an office is held unless
15it is used for balloting and canvassing within all wards and election districts in which
16that election is held. A preferential voting method may not be used in balloting or
17canvassing of votes for any office of a local governmental unit to be filled at an
18election unless it is used in balloting and canvassing of votes for all of the offices of
19the local governmental unit to be filled at that election.
AB888,5,21 20(6) In tallying votes in elections where preferential voting is used, the method
21of canvassing specified in s. 7.515 shall be used.
AB888,6,7 22(7) Whenever the policy-making body of a local governmental unit adopts or
23discontinues the preferential voting method to determine the election of the elective
24officers of the local governmental unit, the body shall promptly provide written
25notice of its action to the municipal clerk of each municipality other than the local

1governmental unit that lies wholly or partially within the jurisdiction of the local
2governmental unit. The body shall provide the notice no later than the 120th day
3preceding any election at which the preferential voting method is to be used, except
4that, if any municipality that lies wholly or partially within that jurisdiction does not
5employ an electronic voting system on the date of the body's determination to use the
6preferential voting method, the body shall provide the notice no later than 9 months
7preceding any election at which the preferential voting method is to be used.
AB888, s. 5 8Section 5. 5.40 (5s) of the statutes is created to read:
AB888,6,149 5.40 (5s) If a local governmental unit elects under s. 5.20 to utilize the
10preferential voting method to determine the results of elections for elective offices of
11that local governmental unit, each municipality having territory within the
12jurisdiction of that local governmental unit shall require the use of an electronic
13voting system at every polling place in the municipality at every election for those
14elective offices.
AB888, s. 6 15Section 6. 5.58 (3) of the statutes is amended to read:
AB888,7,716 5.58 (3) Names on spring ballot. Only Except in elections at which the
17preferential voting method is used, only
2 candidates for state superintendent, for
18any judicial office, for any elected seat on a metropolitan sewerage commission or
19town sanitary district commission, in counties having a population of 500,000 or
20more only 2 candidates for member of the board of supervisors within each district,
21in counties having a population of less than 500,000 only 2 candidates for each
22member of the county board of supervisors from each district or numbered seat or
23only 4 candidates for each 2 members of the county board of supervisors from each
24district whenever 2 supervisors are elected to unnumbered seats from the same
25district, in 1st class cities only 2 candidates for any at-large seat and only 2

1candidates from any election district to be elected to the board of school directors, in
2school districts electing school board members to numbered seats, or pursuant to an
3apportionment plan or district representation plan, only 2 school board candidates
4for each numbered seat or within each district, and twice as many candidates as are
5to be elected members of other school boards or other elective officers receiving the
6highest number of votes at the primary shall be nominees for the office at the spring
7election. Only their names shall appear on the official spring ballot.
AB888, s. 7 8Section 7. 5.60 (6s) of the statutes is created to read:
AB888,7,119 5.60 (6s) Preferential voting method. If the preferential voting method is
10used in an election for local office, the form of the ballot shall conform to the
11requirements of s. 5.20 (4).
AB888, s. 8 12Section 8. 5.62 (4) (c) of the statutes is created to read:
AB888,7,1413 5.62 (4) (c) No primary shall be held for county offices if the preferential voting
14method is used.
AB888, s. 9 15Section 9. 5.62 (5) of the statutes is amended to read:
AB888,7,2516 5.62 (5) At the September primary, except in elections for county offices at
17which the preferential voting method is used,
an elector may vote for the candidates
18of only one party, or the elector may vote for any of the independent candidates for
19state office listed; but the elector may not vote for more than one candidate for a
20single office. A Except in elections at which the preferential voting method is used,
21a
space shall be provided on the ballot for an elector to write in the name of his or her
22choice as a party candidate for any office, including a party candidate of a party
23whose name appears on the ballot, column or row designated for independent
24candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write
25in the names of independent candidates.
AB888, s. 10
1Section 10. 5.64 (1) (g) of the statutes is amended to read:
AB888,8,52 5.64 (1) (g) Following under the independent candidates for each office, a space
3shall be provided for the elector to write in the name of a candidate of his or her choice
4for that office. In elections at which the preferential voting method is used, the ballot
5shall conform to the requirements of s. 5.20 (4).
AB888, s. 11 6Section 11. 5.64 (1) (h) of the statutes is created to read:
AB888,8,87 5.64 (1) (h) If the preferential voting method is used at an election for county
8offices, the form of the ballot shall conform to the requirements of s. 5.20 (4).
AB888, s. 12 9Section 12. 6.80 (2) (am) of the statutes is amended to read:
AB888,8,1610 6.80 (2) (am) In partisan primaries, except in elections at which the
11preferential voting method is used,
an elector may vote for a person as the candidate
12of the party of the elector's choice, if that person's name does not appear on the official
13ballot of that party, by writing in the name of the person in the space provided on the
14ballot or the ballot provided for that purpose, or where voting machines are used, in
15the irregular ballot device, designating the party for which the elector desires such
16person to be the nominee.
AB888, s. 13 17Section 13. 6.80 (2) (g) of the statutes is created to read:
AB888,9,218 6.80 (2) (g) In elections for offices at which the preferential voting method is
19used, an elector may cast as many preferential votes for each office or seat as there
20are candidates whose names appear on the ballot for that office or seat. If more than
21one seat on a governmental body is to be filled at large, an elector may cast as many
22preferential votes for that office or seat as there are candidates whose names appear
23on the ballot for all of the seats to be filled. An elector who indicates preferences for
24candidates for an office or seat must indicate a different preference for each
25candidate for that office or seat. If an elector does not indicate a preference between

1candidates for an office or seat, the elector has one vote for each office or seat to be
2filled at the election.
AB888, s. 14 3Section 14. 7.08 (1) (c) of the statutes is amended to read:
AB888,9,84 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1),
56.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3), and 7.515 (1). All such
6forms shall contain a statement of the penalty applicable to false or fraudulent
7registration or voting through use of the form. Forms are not required to be furnished
8by the board.
AB888, s. 15 9Section 15. 7.50 (1) (c) of the statutes is amended to read:
AB888,9,1210 7.50 (1) (c) If Except in elections at which the preferential voting method is
11used, if
an elector casts more than one vote for the same candidate for the same office,
12the first vote is valid and the remaining votes are invalid.
AB888, s. 16 13Section 16. 7.50 (2) (k) of the statutes is created to read:
AB888,9,2214 7.50 (2) (k) In elections at which the preferential voting method is used, if an
15elector casts no more than one vote for each office or seat for which the elector is
16entitled to vote, but does not indicate a preference, the elector's votes shall be counted
17as first-choice votes for the candidates receiving the elector's votes. If an elector
18indicates the same preference for more than one candidate for an office or seat in an
19election where those expressed preferences exceed the number of offices or seats to
20be filled, the elector's votes are invalid. If an elector indicates both a preference and
21no preference for candidates for an office or seat in an election where the elector's
22votes exceed the number of offices or seats to be filled, the elector's votes are invalid.
AB888, s. 17 23Section 17. 7.51 (4) (a) of the statutes is amended to read:
AB888,9,2524 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each
25office and for each individual receiving votes for that office, whether or not the

1individual's name appears on the ballot, and shall state the vote for and against each
2proposition voted on. In elections in which the preferential voting method is
3employed, the tally sheets shall state the total number of first-choice votes received
4by each candidate and the total number of lesser-choice votes received by each
5candidate, indicating the total number of votes for each choice.
Upon completion of
6the tally sheets, the inspectors shall immediately complete the inspectors'
7statement. The inspectors shall state the excess, if any, by which the number of
8ballots exceeds the number of electors voting as shown by the poll list and shall state
9the number of the last elector as shown by the poll lists. At least 3 inspectors,
10including the chief inspector and, unless election officials are appointed under s. 7.30
11(4) (c) without regard to party affiliation, at least one inspector representing each
12political party, but not including any inspector appointed under s. 7.30 (1) (b), shall
13then certify to the correctness of the statement and tally sheets and sign their names.
14All other election officials assisting with the tally shall also certify to the correctness
15of the tally sheets. When the tally is complete, the inspectors shall publicly announce
16the results from the statement.
AB888, s. 18 17Section 18. 7.51 (5) (a) 3. of the statutes is amended to read:
AB888,10,2418 7.51 (5) (a) 3. The inspectors shall also seal the inspectors' statement, inside
19a separate carrier envelope, and shall similarly seal in a separate carrier envelope
20one tally sheet and one poll list for delivery to the municipal clerk. For elections in
21which the preferential voting method is used, the inspectors shall enclose the tally
22sheet provided under s. 7.515 (1).
For school district elections, except in 1st class
23cities, the inspectors shall seal one tally sheet and one poll list for delivery to the
24school district clerk.
AB888, s. 19 25Section 19. 7.515 of the statutes is created to read:
AB888,11,3
17.515 Canvass procedure for preferential voting method. In any election
2in which the preferential voting method is used, the election shall be canvassed in
3the following manner:
AB888,11,7 4(1) The board shall prescribe a tally sheet form for canvassing of elections in
5which the preferential voting method is used. The inspectors or board of absentee
6ballot canvassers shall use the form in preparing the returns and shall retain the
7form as a part of the official returns.
AB888,12,8 8(2) If any candidate receives a majority of the first-choice votes cast for an office
9or seat, the candidate shall be declared elected. If no candidate for an office or seat
10receives a majority of the first-choice votes cast, the first-choice votes received by
11the candidate who receives the least number of first-choice votes shall be excluded
12from the tally and the 2nd-choice votes, if any, cast by the electors who voted for that
13candidate shall be added to the first-choice votes received by the other candidates.
14If more than one candidate receives the least number of first-choice votes, the names
15of the candidates receiving these votes shall be excluded from the tally and the
162nd-choice votes, if any, cast by electors who voted for those candidates shall be
17added to the first-choice votes received by the other candidates. The 3rd-choice
18votes, if any, cast for that candidate shall be added to the 2nd-choice votes received
19by the other candidates. Additional choice votes, if any, shall be tallied in the same
20manner. If at an election at which the preferential voting method is used an elector
21in voting for an office or seat indicates a choice for a lesser preference without also
22indicating a choice for all greater preferences available to the elector for that office
23or seat, each lesser preference of the elector for that office or seat shall be counted
24as a higher preference in the order that the elector's choices are indicated so that all
25of the preferences of the elector are cast in consecutive order. If any candidate then

1receives a majority of the first-choice votes cast and votes cast without indicating a
2preference for an office or seat, the candidate shall be declared elected. If no
3candidate for an office or seat receives a majority of the first-choice votes cast and
4votes cast without indicating a preference, the canvassers shall exclude from the
5tally the first-choice votes received by the candidate who receives the least number
6of first-choice votes and repeat the above procedure until one candidate receives a
7majority of the first-choice votes cast and votes cast without indicating a preference
8for the office or seat.
AB888, s. 20 9Section 20. 7.53 (1) of the statutes is amended to read:
AB888,13,610 7.53 (1) Municipalities with one polling place. Where the municipality
11constitutes one ward or combines all wards to utilize a single polling place under s.
125.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted
13publicly under s. 7.51 and the inspectors, other than any inspector appointed under
14s. 7.30 (1) (b), shall act as the municipal board of canvassers. In municipalities where
15absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots
16is completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the
17poll list of the electors who vote by absentee ballot with the corresponding poll list
18of the electors who vote in person to ensure that no elector is allowed to cast more
19than one ballot. If an elector who votes in person has submitted an absentee ballot,
20the absentee ballot is void. Upon completion of the canvass under this subsection and
21any canvass that is conducted under s. 7.52 and ascertainment of the results by the
22inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52,
23by the inspectors and the board of absentee ballot canvassers, the municipal clerk
24shall publicly read to the inspectors or the board of absentee ballot canvassers the
25names of the persons voted for and the number of votes for each person for each

1municipal office,; in elections in which the preferential voting method is used, the
2number of first-choice votes and the number of lesser-choice votes for each person
3for each office, indicating the numbers for each choice;
the names of the persons
4declared by the inspectors or board of absentee ballot canvassers to have won
5nomination or election to each municipal office,; and the number of votes cast for and
6against each municipal referendum question.
AB888, s. 21 7Section 21. 7.60 (4) (a) of the statutes, as affected by 2007 Wisconsin Act 1, is
8amended to read:
AB888,14,59 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
10showing the numbers of votes cast for the offices of president and vice president; state
11officials; U.S. senators and representatives in congress; state legislators; justice;
12court of appeals judge; circuit judges; 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; after elections at which the preferential voting method is used, the number
25of first-choice votes and lesser-choice votes cast for each person, indicating the

1numbers for each choice;
and the number of votes cast for and against any question
2submitted at a referendum. The board of canvassers shall use one copy of each
3duplicate statement to report to the government accountability board, technical
4college district board, or board of canvassers of any other county and shall file the
5other statement in the office of the county clerk or board of election commissioners.
AB888, s. 22 6Section 22. 7.60 (4) (c) of the statutes is amended to read:
AB888,14,207 7.60 (4) (c) In preparing the statements and determinations, the board of
8canvassers shall carefully review the tally sheets and inspectors' statement. The
9board of canvassers may omit the names of individuals whose names do not appear
10on the ballot and who receive a comparatively small number of votes. The board of
11canvassers shall designate votes received by such individuals as scattering votes.
12The board of canvassers shall append to each statement and determination a
13tabulation of the votes cast at each election district, ward or combination of wards
14authorized under s. 5.15 (6) (b) in the county for each office and each individual,
15whether the votes are canvassed or not, as well as the total canvassed votes cast for
16each individual and each office, except where scattering votes are designated, and,
17after elections at which the preferential voting method is used, the number of
18first-choice votes and lesser-choice votes cast for each person for each office,
19indicating the numbers for each choice
. If any votes are rejected, the board of
20canvassers shall specify the reasons therefor.
AB888, s. 23 21Section 23. 8.05 (1) (L) of the statutes is created to read:
AB888,14,2522 8.05 (1) (L) Whenever a caucus is used to nominate candidates for town or
23village offices, the preferential voting method shall not be used. If a town or village
24adopts a nonpartisan primary for the nomination of candidates for town or village
25offices, the preferential voting method may be substituted as provided in s. 5.20.
AB888, s. 24
1Section 24. 8.05 (3) (a) of the statutes is amended to read:
AB888,15,92 8.05 (3) (a) In lieu of sub. (1) Except as provided in s. 8.11 (6), the electors either
3by referendum or at the town meeting may, in lieu of holding a caucus under sub. (1),
4provide for nomination of elective town office candidates at a nonpartisan primary
5conducted as provided in sub. (5). The nomination papers shall be signed by not less
6than 20 nor more than 100 electors of the town. The nomination papers shall be
7circulated not sooner than December 1 preceding the election and shall be filed with
8the town clerk not later than 5 p.m. the first Tuesday in January, or the next day if
9Tuesday is a holiday.
AB888, s. 25 10Section 25. 8.05 (5) of the statutes, as affected by 2007 Wisconsin Act ....
11(Assembly Bill 152), is amended to read:
AB888,15,2112 8.05 (5) When primary is held. Towns and villages adopting the nonpartisan
13primary to nominate candidates shall hold a primary only when the number of
14candidates for an elective office in the municipality exceeds twice the number to be
15elected to the office. A Unless preferential voting for the office of municipal judge
16is adopted under s. 5.20 (2), a
primary for the office of municipal judge under s. 755.01
17(4) shall be held whenever there are more than 2 candidates for that office. Those
18offices for which a primary has been held shall have only the names of candidates
19nominated at the primary appear on the official spring election ballot. When the
20number of candidates for an office does not exceed twice the number to be elected,
21their names shall appear on the official ballot for the election without a primary.
AB888, s. 26 22Section 26. 8.11 (1) (a) to (c) of the statutes are amended to read:
AB888,16,223 8.11 (1) (a) A Except as provided in sub. (6), a primary may be held in any city
24for the nomination of candidates for city office. When a majority of all the members
25of the governing body of a city decide upon a spring primary for any specific election,

1they shall so provide not later than 3 days after the deadline for filing nomination
2papers.
AB888,16,53 (b) Any Except as provided in sub. (6), any city may provide by charter
4ordinance, under s. 66.0101, that whenever 3 or more candidates file nomination
5papers for a city office, a primary to nominate candidates for the office shall be held.
AB888,16,106 (c) Whenever Except as provided in sub. (6), whenever electors, equal to at least
710% of the vote for governor in the city at the last general election, file a petition
8conforming to the requirements of s. 8.40 with the city clerk requesting a primary
9within 3 days after the deadline for filing nomination papers, there shall be a
10primary for any specific election.
AB888, s. 27 11Section 27. 8.11 (1m) (a) to (c) of the statutes, as created by 2007 Wisconsin
12Act .... (Assembly Bill 152), are amended to read:
AB888,16,1813 8.11 (1m) Village. (a) If a village has provided under s. 8.05 (4) (a) for the filing
14of nomination papers by candidates for village offices for a specific election, and the
15village has not provided for election of village officers by preferential voting under
16s. 5.20 (2)
the governing body of the village may, no later than 3 days after the
17deadline for filing nomination papers, provide for nomination of candidates for
18village offices at the spring primary.
AB888,16,2219 (b) Any village that has not provided for election of village officers by
20preferential voting under s. 5.20 (2)
may provide by charter ordinance, under s.
2166.0101, that whenever 3 or more candidates file nomination papers for a village
22office, a primary to nominate candidates for the office shall be held.
AB888,17,323 (c) Whenever Unless a village has provided for election of village officers by
24preferential voting under s. 5.20 (2), whenever
the electors of a village, equal to at
25least 10 percent of the vote for governor in a village at the last general election, file

1a petition conforming to the requirements of s. 8.40 with the village clerk requesting
2a primary no later than December 1 preceding the spring election, there shall be a
3primary for any specific election.
AB888, s. 28 4Section 28. 8.11 (2), (2m) and (5) of the statutes are amended to read:
AB888,17,85 8.11 (2) Milwaukee County. A Except as provided in sub. (6), a primary shall
6be held in counties having a population of 500,000 or more whenever there are more
7than twice the number of candidates to be elected to any judicial office within the
8county or to the county board of supervisors from any one district.
AB888,17,12 9(2m) First class city school board. A Except as provided in sub. (6), a
10primary shall be held in 1st class cities whenever there are more than 2 candidates
11for member of the board of school directors at-large or from any election district in
12any year.
AB888,17,15 13(5) County supervisors. A Except as provided in sub. (6), a primary shall be
14held in an election for county board supervisor whenever 3 or more candidates file
15nomination papers.
AB888, s. 29 16Section 29. 8.11 (6) of the statutes is created to read:
AB888,17,1917 8.11 (6) Preferential voting; exception. If a primary is authorized or required
18in an election for a local office and the preferential voting method is adopted for use
19in elections for that office under s. 5.20, no primary shall be held.
AB888, s. 30 20Section 30. 8.50 (3) (b) of the statutes is amended to read:
AB888,18,1021 8.50 (3) (b) Except as otherwise provided in this section, the provisions for
22September primaries under s. 8.15 are applicable to all partisan primaries held
23under this section, and the provisions for spring primaries under s. 8.10 are
24applicable to all nonpartisan primaries held under this section. In a special partisan
25primary or election, the order of the parties on the ballot shall be the same as

1provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at
2a special partisan election shall not appear on the primary ballot. No primary is
3required for a nonpartisan election in which not more than 2 candidates for an office
4appear on the ballot or for a partisan election in which not more than one candidate
5for an office appears on the ballot of each recognized political party. No primary shall
6be held in a special election for any local office if the preferential voting method is
7used in that election.
In every special election except a special election for
8nonpartisan state office where no candidate is certified to appear on the ballot, a
9space for write-in votes shall be provided on the ballot, regardless of whether a
10special primary is held.
AB888, s. 31 11Section 31. 9.10 (3) (d) of the statutes is amended to read:
AB888,18,2212 9.10 (3) (d) If more than 2 persons compete for a nonpartisan office, a recall
13primary shall be held. The names of the 2 persons receiving the highest number of
14votes in the recall primary shall be certified to appear on the ballot in the recall
15election, but if any person receives a majority of the total number of votes cast in the
16recall primary, a recall election shall not be held. If the incumbent receives a majority
17of the votes cast, the incumbent shall be retained in office for the remainder of the
18term. If another candidate receives a majority of the votes cast, that candidate shall
19be elected to serve for the residue of the unexpired term of the incumbent. Write-in
20votes are permitted only at a recall primary or at a recall election in which no primary
21is held. The preferential voting method shall not be used in a recall election for
22county office.
AB888, s. 32 23Section 32. 10.02 (3) (intro.) of the statutes is amended to read:
AB888,18,2424 10.02 (3) (intro.) The notice shall contain the following:
AB888,18,2525 FACSIMILE BALLOT NOTICE
AB888,19,1
1OF .... ELECTION
AB888,19,22 Office of .... [County] [Municipal] Clerk.
AB888,19,33 To the Electors of .... [County] [Municipality]:
AB888,19,104 Notice is hereby given of a .... election to be held in the several wards in the
5[county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers
6named below shall be chosen. The names of the candidates for each office to be voted
7for, whose nominations have been certified to or filed in this office, are given under
8the title of the office and under the appropriate party or other designation, each in
9its proper column, together with the questions submitted to a vote, in the sample
10ballot below.
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