AB732: Bill Text

AB732,48 Section 48 . 8.50 (2) (b) of the statutes is amended to read:

AB732,27,19 8.50 (2) (b) If a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

AB732,49 Section 49 . 8.50 (3) (a) of the statutes is amended to read:

AB732,28,11 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 75 days prior to the date of the spring primary election or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB732,50 Section 50 . 8.50 (3) (b) of the statutes is amended to read:

AB732,28,24 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the partisan primary under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries election nominations under s. 8.10 are applicable to all nonpartisan primaries elections held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

AB732,51 Section 51 . 10.01 (2) (d) of the statutes is amended to read:

AB732,29,15 10.01 (2) (d) Type D — The type D notice shall state the hours the polls will be open and the polling places to be utilized at the election or shall include a concise statement of how polling place information may be obtained. In cities over 500,000 population, the board of election commissioners shall determine the form of the notice. In other municipalities and special purpose districts, the clerk of the municipality or special purpose district shall give the polling place information in the manner the governing body of the municipality or special purpose district decides will most effectively inform the electors. The type D notice shall be published by the municipal clerk or board of election commissioners of each municipality once on the day before each spring primary and election, each special national, state, county, or municipal election at which the electors of that municipality are entitled to vote and each partisan primary and general election. The clerk of each special purpose district which that calls a special election shall publish a type D notice on the day before the election, and the day before the special primary, if any, except as authorized in s. 8.55 (3).

AB732,52 Section 52 . 10.01 (2) (e) of the statutes is amended to read:

AB732,30,9 10.01 (2) (e) Type E — The type E notice shall state the qualifications for absentee voting, the procedures for obtaining an absentee ballot in the case of registered and unregistered voters, the places and the deadlines for application and return of application, including any alternate site under s. 6.855, and the office hours during which an elector may cast an absentee ballot in the municipal clerk's office or at an alternate site under s. 6.855. The municipal clerk shall publish a type E notice on the 4th Tuesday preceding each spring primary and election, on the 4th Tuesday preceding each partisan primary and general election, on the 4th Tuesday preceding the primary for each special national, or state, county or municipal election if any, on the 4th Tuesday preceding a special county or municipal referendum, and on the 3rd Tuesday preceding each special national, state, county, or municipal election to fill an office which that is not held concurrently with the spring or general election. The clerk of each special purpose district which that calls a special election shall publish a type E notice on the 4th Tuesday preceding the primary for the special election, if any, on the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding a special election for an office which that is not held concurrently with the spring or general election except as authorized in s. 8.55 (3).

AB732,53 Section 53. 10.02 (3) (intro.) of the statutes is amended to read:

AB732,30,11 10.02 (3) (intro.) The notice shall contain the following:

AB732,30,12 FACSIMILE BALLOT NOTICE

AB732,30,13 OF .... ELECTION

AB732,30,14 Office of .... [County] [Municipal] Clerk.

AB732,30,15 To the Electors of .... [County] [Municipality]:

AB732,30,22 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB732,30,23 INFORMATION TO ELECTORS

AB732,31,2 Except as provided in sub. (4) and except where a different statement is prescribed by the commission for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB732,54 Section 54 . 10.02 (3) (b) 4. of the statutes is repealed.

AB732,55 Section 55. 10.02 (4) of the statutes is created to read:

AB732,31,6 10.02 (4) The commission shall prescribe by rule the content of type B notices to be used at elections at which ranked-choice voting under s. 5.20 is used.

AB732,56 Section 56 . 10.06 (1) (c) of the statutes is amended to read:

AB732,31,11 10.06 (1) (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the commission shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

AB732,57 Section 57 . 10.06 (1) (e) of the statutes is amended to read:

AB732,31,19 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the commission shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held, this notice shall be sent under par. (c). When there is a referendum, the commission shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB732,58 Section 58 . 10.06 (2) (b) of the statutes is repealed.

AB732,59 Section 59 . 10.06 (2) (d) of the statutes is repealed.

AB732,60 Section 60 . 10.06 (3) (am) of the statutes is amended to read:

AB732,32,5 10.06 (3) (am) As soon as possible following the deadline for filing nomination papers for any municipal election when there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such deadline, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state, or county offices are used shall certify the list of candidates for municipal office to the county clerk if a primary is required, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB732,61 Section 61 . 10.06 (3) (as) of the statutes is repealed.

AB732,62 Section 62 . 10.06 (3) (b) of the statutes is repealed.

AB732,63 Section 63 . 10.06 (3) (bm) of the statutes is amended to read:

AB732,32,17 10.06 (3) (bm) As soon as possible following the municipal canvass of the primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus is held, if there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such date, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state , or county offices are used shall certify the list of candidates for municipal office and municipal referenda appearing on the ballot to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB732,64 Section 64 . 10.06 (3) (f) of the statutes is amended to read:

AB732,33,8 10.06 (3) (f) At least 40 days prior to any special primary or election for municipal office, the municipal clerk shall publish a type A notice. On the 4th Tuesday prior to any special primary for national, or state, county or municipal office, the municipal clerk shall publish a type E notice. On the 3rd Tuesday prior to any special election for national, state, county, or municipal office which that is not held concurrently with the spring or general election, the municipal clerk shall publish a type E notice. On the 4th Tuesday prior to any special county referendum, the municipal clerk shall publish a type E notice. On the 4th Tuesday prior to any special municipal referendum, the municipal clerk shall publish type A and E notices. On the day preceding any special primary or election for municipal office, or any special municipal referendum, the municipal clerk shall publish a type B notice. The municipal clerk shall publish a type C notice on the day preceding a special municipal referendum. On the day preceding any special primary or election for national, state, county, or municipal office, or a special county or municipal referendum, the municipal clerk shall publish a type D notice.

AB732,65 Section 65 . 10.06 (4) (g) of the statutes is amended to read:

AB732,33,12 10.06 (4) (g) On the day preceding any primary or election for any office other than a national, state, county, or municipal office, the clerk of the jurisdiction in which the primary or election is held shall publish a type B notice.

AB732,66 Section 66 . 11.0101 (29) of the statutes is amended to read:

AB732,33,15 11.0101 (29) “Special election" means any election, other than those described in subs. (15), (24), (30), and (32), and (33) to fill vacancies or to conduct a referendum.

AB732,67 Section 67 . 11.0101 (33) of the statutes is repealed.

AB732,68 Section 68 . 11.0204 (2) of the statutes is repealed.

AB732,69 Section 69 . 11.0204 (3) (a) of the statutes is amended to read:

AB732,33,20 11.0204 (3) (a) File a preelection report no earlier than 14 42 days and no later than 8 36 days preceding the election.

AB732,70 Section 70 . 11.0204 (3) (am) of the statutes is created to read:

AB732,33,23 11.0204 (3) (am) File a 2nd preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB732,71 Section 71 . 11.0304 (2) of the statutes is repealed.

AB732,72 Section 72 . 11.0304 (3) (a) of the statutes is amended to read:

AB732,34,2 11.0304 (3) (a) File a preelection report no earlier than 14 42 days and no later than 8 36 days preceding the election.

AB732,73 Section 73 . 11.0304 (3) (am) of the statutes is created to read:

AB732,34,5 11.0304 (3) (am) File a 2nd preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB732,74 Section 74 . 11.0504 (2) of the statutes is repealed.

AB732,75 Section 75 . 11.0504 (3) (a) of the statutes is amended to read:

AB732,34,9 11.0504 (3) (a) File a preelection report no earlier than 14 42 days and no later than 8 36 days preceding the election.

AB732,76 Section 76 . 11.0504 (3) (am) of the statutes is created to read:

AB732,34,12 11.0504 (3) (am) File a 2nd preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB732,77 Section 77 . 11.0604 (2) of the statutes is repealed.

AB732,78 Section 78 . 11.0604 (3) (a) of the statutes is amended to read:

AB732,34,16 11.0604 (3) (a) File a preelection report no earlier than 14 42 days and no later than 8 36 days preceding the election.

AB732,79 Section 79 . 11.0604 (3) (am) of the statutes is created to read:

AB732,34,19 11.0604 (3) (am) File a 2nd preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB732,80 Section 80 . 11.0704 (2) of the statutes is repealed.

AB732,81 Section 81 . 11.0804 (2) of the statutes is repealed.

AB732,82 Section 82 . 11.0804 (3) (a) of the statutes is amended to read:

AB732,34,24 11.0804 (3) (a) File a preelection report no earlier than 14 42 days and no later than 8 36 days preceding the election.

AB732,83 Section 83 . 11.0804 (3) (am) of the statutes is created to read:

AB732,35,2 11.0804 (3) (am) File a 2nd preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB732,84 Section 84 . 20.510 (1) (ed) of the statutes is created to read:

AB732,35,8 20.510 (1) (ed) Elections administration; ranked-choice voting. A sum sufficient to implement and administer ranked-choice voting, as provided under ss. 5.20 and 7.62, including updating equipment and software and implementing secure technologies, and to provide grants to counties and municipalities under s. 5.05 (1) (g) for the same purpose.

AB732,85 Section 85 . 38.16 (3) (br) 1. of the statutes is amended to read:

AB732,35,22 38.16 (3) (br) 1. If a district board wishes to exceed the limit otherwise applicable to the district under this subsection, it shall adopt a resolution supporting inclusion in the final district budget of an amount equal to the proposed excess revenue. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the district board shall notify the board of the scheduled date of the referendum and submit a copy of the resolution to the board. The district board shall call a special referendum for the purpose of submitting the resolution to the electors of the district for approval or rejection. In lieu of a special referendum, the district board may specify that the referendum be held at the next succeeding spring primary or election or partisan primary or general election, if such election is to be held not sooner than 70 days after the filing of the resolution of the district board. The district board shall certify the results of the referendum to the board within 10 days after the referendum is held.

AB732,86 Section 86 . 59.17 (7) of the statutes is amended to read:

AB732,36,7 59.17 (7) Removal from office; vacancy, how filled. The county executive may be removed from office by the governor for cause under s. 17.16. A vacancy in the office of county executive shall be filled temporarily, within 30 days of the date of the vacancy, by appointment by the chairperson of the board, subject to confirmation by the board, from among electors of the county. Within 7 days following the occurrence of the vacancy, the clerk shall order a special election to be held under s. 8.50 to fill the vacancy. If the vacancy occurs after October 31 but not later than 49 days before the day of the spring primary election, the special election shall be held concurrently with the spring primary and election.

AB732,87 Section 87 . 59.605 (3) (a) 1. of the statutes is amended to read:

AB732,36,19 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that the referendum be held at the next succeeding spring primary or election or partisan primary or general election to be held not earlier than 70 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

AB732,88 Section 88 . 60.10 (1) (c) 1. of the statutes is renumbered 60.10 (1) (c).

AB732,89 Section 89 . 60.10 (1) (c) 2. of the statutes is repealed.

AB732,90 Section 90 . 64.04 (2) of the statutes is amended to read:

AB732,37,3 64.04 (2) Except as herein otherwise provided, candidates for council member shall be nominated and elected after the manner provided by law for the nomination and election of other municipal officers and all provisions of the statutes relating to city primary and general elections not inconsistent with the provisions of ss. 64.01 to 64.15 shall apply to such elections for cities reorganized under ss. 64.01 to 64.15 the same as to cities organized under general law.

AB732,91 Section 91 . 66.0602 (4) (a) of the statutes is amended to read:

AB732,37,16 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), the purpose for which the increase will be used, and whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or partisan primary or general election.

AB732,92 Section 92 . 66.0619 (2m) (b) of the statutes is amended to read:

AB732,37,23 66.0619 (2m) (b) If a referendum is to be held on a resolution, the municipal governing body shall file the resolution as provided in s. 8.37 and shall direct the municipal clerk to call a special election for the purpose of submitting the resolution to the electors for a referendum on approval or rejection. In lieu of a special election, the municipal governing body may specify that the election be held at the next succeeding spring primary or election or partisan primary or general election.

AB732,93 Section 93 . 66.0921 (2) of the statutes is amended to read:

AB732,38,6 66.0921 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate , and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum at a special election or at a, spring primary or election or partisan primary, or general election approve the question of entering into the joint contract.

AB732,94 Section 94 . 67.05 (6a) (a) 2. a. of the statutes is amended to read:

AB732,38,14 67.05 (6a) (a) 2. a. Direct the school district clerk to submit the resolution to the electors for approval or rejection at the next regularly scheduled spring primary or election or partisan primary or general election, provided such election is to be held not earlier than 70 days after the adoption of the resolution. A school board may proceed under this subd. 2. a. and under s. 121.91 (3) (a) 1. no more than 2 times in any calendar year. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.

AB732,95 Section 95 . 67.05 (6m) (b) of the statutes is amended to read:

AB732,38,21 67.05 (6m) (b) If a referendum is to be held on an initial resolution, the district board shall direct the technical college district secretary to call a special election for the purpose of submitting the initial resolution to the electors for a referendum on approval or rejection. In lieu of a special election, the district board may specify that the election be held at the next succeeding spring primary or election or partisan primary or general election.