LRB-3004/2
JTK:cs:rs
2007 - 2008 LEGISLATURE
August 16, 2007 - Introduced by Senators Darling, A. Lasee, Lazich and Lehman,
cosponsored by Representatives
J. Ott, Roth, Honadel, Pridemore, Gottlieb,
Moulton, Kerkman, Owens, Musser and Nass. Referred to Committee on
Agriculture and Higher Education.
SB253,1,10
1An Act to repeal 38.04 (15), 38.08 (1g), (2) and (2m) and 38.10;
to amend 5.02
2(3), (5) and (23), 5.58 (3), 5.60 (1) (title), 5.60 (1) (b), 7.60 (4) (a) and (5) (a), 7.70
3(3) (d), 9.10 (1) (a), 9.10 (2) (b), 9.10 (2) (d), 9.10 (3) (a), 9.10 (4) (a), (d) and (7),
411.26 (1) (c), 11.26 (2) (c), 11.31 (1) (f), 11.31 (1) (g) (intro.) and 38.08 (1) (b);
to
5repeal and recreate 17.27 (3) and 38.08 (1) (a); and
to create 5.58 (2s), 5.60
6(1) (am), 7.70 (6), 8.10 (3) (ae), 8.11 (6), 17.01 (10m), 17.02 (2), 17.17 (2), 38.06
7(6), 38.08 (1) (c) and 38.08 (6) of the statutes;
relating to: popular election of
8technical college district boards, providing an exemption from and extending
9the time limit for emergency rule procedures, and granting rule-making
10authority.
Analysis by the Legislative Reference Bureau
Currently, the technical college system is managed on the local level by district
boards consisting of nine members in each of the state's 16 technical college districts.
The members of the technical college district board for each district are appointed
by an appointment committee consisting of local elected officials in accordance with
a representation plan based upon population distribution within the district,
including distribution of women and minorities. All members of district boards must
be residents of the district. Two members must be employers and two members must
be employees. One member must be a school district administrator of a school
district that lies within the technical college district. All members serve for
three-year terms.
This bill provides for the election of all members of district boards from election
districts within each technical college district on a nonpartisan ballot at the spring
election. Each member must be an elector of the election district from which he or
she is elected. Terms are changed to four years. Under the bill, current district board
members serve until July 1, 2009, at which time district board members who are
elected at the 2009 spring election take office. The terms of the members are
staggered so that at least two are elected every year. Nomination paper signature
requirements, contribution limits, and spending guidelines are the same as for the
office of representative to the assembly. Candidates for the district board are not
eligible to receive public grants to finance their campaigns.
For further information see the state and 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:
SB253, s. 1
1Section
1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB253,2,32
5.02
(3) "Educational officer" means the state superintendent
, a member of a
3technical college district board, and
a school board
members member.
SB253,2,9
4(5) "General election" means the election held in even-numbered years on the
5Tuesday after the first Monday in November to elect United States senators,
6representatives in congress, presidential electors, state senators, representatives to
7the assembly, district attorneys, state officers other than the state superintendent
,
8members of the technical college district boards, and judicial officers, and county
9officers other than supervisors and county executives.
SB253,3,2
10(23) "State office" means the offices of governor, lieutenant governor, secretary
11of state, state treasurer, attorney general, state superintendent, justice of the
12supreme court, court of appeals judge, circuit court judge, state senator, state
1representative to the assembly
and, district attorney
, and member of a technical
2college district board.
SB253, s. 2
3Section
2. 5.58 (2s) of the statutes is created to read:
SB253,3,84
5.58
(2s) Technical college district board. When required, there shall be a
5separate ballot for member of a technical college district board. Arrangement of the
6names on the ballot shall be determined by the government accountability board
7under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for .... (name
8of district) Technical College District Board."
SB253, s. 3
9Section
3. 5.58 (3) of the statutes is amended to read:
SB253,4,210
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
11for any judicial office, for any elected seat on a metropolitan sewerage commission
12or town sanitary district commission,
for member of a technical college district board
13from any election district, in counties having a population of 500,000 or more only
142 candidates for member of the board of supervisors within each district, in counties
15having a population of less than 500,000 only 2 candidates for each member of the
16county board of supervisors from each district or numbered seat or only 4 candidates
17for each 2 members of the county board of supervisors from each district whenever
182 supervisors are elected to unnumbered seats from the same district, in 1st class
19cities only 2 candidates for any at-large seat and only 2 candidates from any election
20district to be elected to the board of school directors, in school districts electing school
21board members to numbered seats, or pursuant to an apportionment plan or district
22representation plan, only 2 school board candidates for each numbered seat or within
23each district, and twice as many candidates as are to be elected members of other
24school boards or other elective officers receiving the highest number of votes at the
1primary shall be nominees for the office at the spring election. Only their names
2shall appear on the official spring ballot.
SB253, s. 4
3Section
4. 5.60 (1) (title) of the statutes is amended to read:
SB253,4,54
5.60
(1) (title)
State superintendent Nonpartisan state officers; judiciary;
5county executive and county supervisors
supervisor.
SB253, s. 5
6Section
5. 5.60 (1) (am) of the statutes is created to read:
SB253,4,117
5.60
(1) (am) There shall be a separate ballot for the seat of each member of the
8technical college district board in the election district when so required. The
9government accountability board shall determine the official ballot arrangement for
10technical college district board candidates by using the same method as that used
11under par. (b).
SB253, s. 6
12Section
6. 5.60 (1) (b) of the statutes is amended to read:
SB253,4,2313
5.60
(1) (b) The board shall certify the candidates' names and designate the
14official ballot arrangement for candidates for state superintendent, justice, court of
15appeals judge,
member of a technical college district board, circuit judge and, if
16commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage
17commission. The arrangement of names of all candidates on the ballot whose
18nomination papers are filed with the board shall be determined by the board by the
19drawing of lots not later than the 2nd Tuesday in January, or the next day if the first
20Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all
21candidates for that office shall be held by or under the supervision of the board not
22later than the 3rd day following the completion of the primary canvass to determine
23the arrangement of candidates on the election ballot.
SB253,5,21
17.60
(4) (a) The board of canvassers shall make separate duplicate statements
2showing the numbers of votes cast for the offices of president and vice president; state
3officials; U.S. senators and representatives in congress; state legislators; justice;
4court of appeals judge;
members of the technical college district boards; circuit
5judges; district attorneys; and metropolitan sewerage commissioners, if the
6commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
7under s. 755.01 (4) serves a municipality that is located partially within the county
8and candidates for that judgeship file nomination papers in another county, the
9board of canvassers shall prepare a duplicate statement showing the numbers of
10votes cast for that judgeship in that county for transmittal to the other county. For
11partisan candidates, the statements shall include the political party or principle
12designation, if any, next to the name of each candidate. The board of canvassers shall
13also prepare a statement showing the results of any county, technical college district,
14or statewide referendum. Each statement shall state the total number of votes cast
15in the county for each office; the names of all persons for whom the votes were cast,
16as returned; the number of votes cast for each person; and the number of votes cast
17for and against any question submitted at a referendum. The board of canvassers
18shall use one copy of each duplicate statement to report to the government
19accountability board, technical college district board, or board of canvassers of any
20other county and shall file the other statement in the office of the county clerk or
21board of election commissioners.
SB253,6,15
22(5) (a) Immediately following the canvass, the county clerk shall deliver or send
23to the government accountability board, by 1st class mail, a certified copy of each
24statement of the county board of canvassers for president and vice president, state
25officials, senators and representatives in congress, state legislators, justice, court of
1appeals judge,
members of the technical college district boards, circuit judge, district
2attorney, and metropolitan sewerage commissioners, if the commissioners are
3elected under s. 200.09 (11) (am). The statement shall record the returns for each
4office or referendum by ward, unless combined returns are authorized under s. 5.15
5(6) (b) in which case the statement shall record the returns for each group of
6combined wards. Following primaries the county clerk shall enclose on forms
7prescribed by the government accountability board the names, party or principle
8designation, if any, and number of votes received by each candidate recorded in the
9same manner. The county clerk shall deliver or transmit the certified statement to
10the government accountability board no later than 7 days after each primary except
11the September primary, no later than 10 days after the September primary and any
12other election except the general election, and no later than 14 days after the general
13election. The board of canvassers shall deliver or transmit a certified copy of each
14statement for any technical college district referendum to the secretary of the
15technical college district board.
SB253, s. 8
16Section
8. 7.70 (3) (d) of the statutes is amended to read:
SB253,7,317
7.70
(3) (d) When the certified statements and returns are received, the
18chairperson of the board or the chairperson's designee shall proceed to examine and
19make a statement of the total number of votes cast at any election for the offices
20involved in the election for president and vice president; a statement for each of the
21offices of governor, lieutenant governor, if a primary, and a joint statement for the
22offices of governor and lieutenant governor, if a general election; a statement for each
23of the offices of secretary of state, state treasurer, attorney general, and state
24superintendent; for U.S. senator; representative in congress for each congressional
25district; the state legislature; justice; court of appeals judge;
technical college district
1board member; circuit judge; district attorney; metropolitan sewerage commission,
2if the commissioners are elected under s. 200.09 (11) (am); and for any referenda
3questions submitted by the legislature.
SB253, s. 9
4Section
9. 7.70 (6) of the statutes is created to read:
SB253,7,95
7.70
(6) Technical college district board members; determinations. The
6government accountability board shall transmit to the secretary of the district board
7a copy of the certified determination of the chairperson of the government
8accountability board or his or her designee for the election of each member of any
9technical college district board.
SB253, s. 10
10Section
10. 8.10 (3) (ae) of the statutes is created to read:
SB253,7,1211
8.10
(3) (ae) For the office of member of the technical college district board from
12any election district, not less than 200 nor more than 400 electors.
SB253, s. 11
13Section
11. 8.11 (6) of the statutes is created to read:
SB253,7,1614
8.11
(6) Technical college district board members. A primary shall be held
15in an election for any seat on a technical college district board whenever there are
16more than 2 candidates in any election district.
SB253, s. 12
17Section
12. 9.10 (1) (a) of the statutes is amended to read:
SB253,7,2318
9.10
(1) (a) The qualified electors of the state, of any county, city, village, town,
19of any congressional, legislative, judicial
, technical college, or school district, or of
20any prosecutorial unit may petition for the recall of any incumbent elective official
21by filing a petition with the same official or agency with whom nomination papers
22or declarations of candidacy for the office are filed demanding the recall of the
23officeholder.
SB253, s. 13
24Section
13. 9.10 (2) (b) of the statutes is amended to read:
SB253,8,3
19.10
(2) (b) A recall petition for a city, village, town
, technical college district, 2or school district office shall contain a statement of a reason for the recall which is
3related to the official responsibilities of the official for whom removal is sought.
SB253, s. 14
4Section
14. 9.10 (2) (d) of the statutes is amended to read:
SB253,8,175
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
6the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
7filing officer with whom the petition is filed. The petitioner shall append to the
8registration a statement indicating his or her intent to circulate a recall petition, the
9name of the officer for whom recall is sought and, in the case of a petition for the recall
10of a city, village, town
, technical college district, or school district officer, a statement
11of a reason for the recall which is related to the official responsibilities of the official
12for whom removal is sought. No petitioner may circulate a petition for the recall of
13an officer prior to completing registration. The last date that a petition for the recall
14of an officer may be offered for filing is 5 p.m. on the 60th day commencing after
15registration. After the recall petition has been offered for filing, no name may be
16added or removed. No signature may be counted unless the date of the signature is
17within the period provided in this paragraph.
SB253, s. 15
18Section
15. 9.10 (3) (a) of the statutes is amended to read:
SB253,8,2219
9.10
(3) (a) This subsection applies to the recall of all elective officials other
20than city, village, town
, technical college district, and school district officials. City,
21village, town
, technical college district, and school district officials are recalled under
22sub. (4).
SB253, s. 16
23Section
16. 9.10 (4) (a), (d) and (7) of the statutes are amended to read:
SB253,9,2424
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town
,
25technical college district, or school district official, is offered for filing, the officer
1against whom the petition is filed may file a written challenge with the
municipal
2clerk or board of election commissioners or school district clerk
official or agency with
3whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the
4petitioner may file a written rebuttal to the challenge with the
clerk or board of
5election commissioners official or agency within 5 days after the challenge is filed.
6If a rebuttal is filed, the officer against whom the petition is filed may file a reply to
7any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within
814 days after the expiration of the time allowed for filing a reply to a rebuttal, the
9clerk or board of election commissioners official or agency shall file the certificate or
10an amended certificate. Within 31 days after the petition is offered for filing, the
11clerk or board of election commissioners official or agency shall determine by careful
12examination of the face of the petition whether the petition is sufficient and shall so
13state in a certificate attached to the petition. If the petition is found to be insufficient,
14the certificate shall state the particulars creating the insufficiency. The petition may
15be amended to correct any insufficiency within 5 days following the affixing of the
16original certificate. Within 2 days after the offering of the amended petition for filing,
17the
clerk or board of election commissioners official or agency shall again carefully
18examine the face of the petition to determine sufficiency and shall attach to the
19petition a certificate stating the findings. Immediately upon finding an original or
20amended petition sufficient, except in cities over 500,000 population
and in technical
21college districts, the
municipal clerk or school district clerk official shall transmit the
22petition to the governing body or to the school board. Immediately upon finding an
23original or amended petition sufficient, in cities over 500,000 population, the board
24of election commissioners shall file the petition in its office.
Immediately upon
1finding an original or amended petition sufficient, in technical college districts, the
2government accountability board shall file the petition in its office.
SB253,10,83
(d) Promptly upon receipt of a certificate under par. (a), the governing body,
4school board,
or board of election commissioners
, or government accountability board 5shall call a recall election. The recall election shall be held on the Tuesday of the 6th
6week commencing after the date on which the certificate is filed, except that if
7Tuesday is a legal holiday the recall election shall be held on the first day after
8Tuesday which is not a legal holiday.
SB253,10,11
9(7) Purpose. The purpose of this section is to facilitate the operation of article
10XIII, section 12, of the constitution and to extend the same rights to electors of cities,
11villages, towns
, technical college districts, and school districts.
SB253, s. 17
12Section
17. 11.26 (1) (c) of the statutes is amended to read:
