WI
Wisconsin Assembly Bill AB1214

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1214 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 1214
55 April 11, 2024 - Introduced by Representatives J. ANDERSON, SNODGRASS and
66 STUBBS, cosponsored by Senators LARSON and SPREITZER. Referred to
77 Committee on Campaigns and Elections.
88 ***AUTHORS SUBJECT TO CHANGE***
99 AN ACT to amend 8.05 (1) (a), 8.05 (3) (a), 8.05 (4) (a), 8.05 (4) (b), 8.10 (2) (a), 8.11
1010 (1m) (c), 8.50 (4) (f) 1., 8.50 (4) (f) 2., 11.1111 (1) (a) 1., 17.21 (3), 17.21 (5), 17.245,
1111 17.25 (1) (d) and 59.10 (3) (e) of the statutes; relating to: the first date on which
1212 nomination papers may be circulated for the spring election.
1313 Analysis by the Legislative Reference Bureau
1414 Under current law, the first date on which nomination papers may be circulated
1515 for the spring election is the December 1 preceding the election. The spring election
1616 is the election held on the first Tuesday in April to elect nonpartisan judicial,
1717 educational, and local officers. The presidential preference primary is also held at
1818 the spring election. Nomination papers for the spring election must generally be filed
1919 no later than 5 p.m. on the first Tuesday in January preceding the election.
2020 This bill changes the first date on which nomination papers may be circulated
2121 for the spring election to the November 16 preceding the election. The bill makes a
2222 similar change to a number of other provisions of law with dates that track with that
2323 date.
2424 The people of the state of Wisconsin, represented in senate and assembly, do
2525 enact as follows:
2626 SECTION 1. 8.05 (1) (a) of the statutes is amended to read:
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3333 SECTION 1 ASSEMBLY BILL 1214
3434 8.05 (1) (a) When nomination papers are not used, there shall be a caucus to
3535 nominate candidates. The governing body shall between December 1 November 16
3636 and January 1 decide the date of the caucus. The date of the caucus may be
3737 established between January 2 and January 21. When possible, preference should
3838 be given to having the caucus on January 21.
3939 SECTION 2. 8.05 (3) (a) of the statutes is amended to read:
4040 8.05 (3) (a) In lieu of sub. (1), the electors either by referendum or at the town
4141 meeting may provide for nomination of elective town office candidates at a
4242 nonpartisan primary conducted as provided in sub. (5). The nomination papers shall
4343 be signed by not less than 20 nor more than 100 electors of the town. The nomination
4444 papers shall be circulated not sooner than December 1 November 16 preceding the
4545 election and shall be filed with the town clerk not later than 5 p.m. the first Tuesday
4646 in January, or the next day if Tuesday is a holiday.
4747 SECTION 3. 8.05 (4) (a) of the statutes is amended to read:
4848 8.05 (4) (a) If a primary is provided for the nomination of candidates for elective
4949 village offices under s. 8.11 (1m) (b) or (c), candidates for those offices shall file
5050 nomination papers. In any other case, a majority of the governing body of any village
5151 may provide that candidates for elective village office shall be nominated by
5252 nomination papers. Determination of the governing body to provide for nomination
5353 of candidates by nomination papers shall be made not later than December 1
5454 November 16 preceding the election. If nomination by nomination papers is not
5555 provided for under this paragraph and no primary is provided for under s. 8.11 (1m)
5656 (b) or (c), a village shall nominate candidates by caucus.
5757 SECTION 4. 8.05 (4) (b) of the statutes is amended to read:
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8484 SECTION 4
8585 ASSEMBLY BILL 1214
8686 8.05 (4) (b) Nomination papers shall be signed by not less than 20 nor more
8787 than 100 electors of the village. The papers shall be circulated not sooner than
8888 December 1 November 16 preceding the election and shall be filed with the village
8989 clerk not later than 5 p.m. the first Tuesday in January, or the next day if Tuesday
9090 is a holiday.
9191 SECTION 5. 8.10 (2) (a) of the statutes is amended to read:
9292 8.10 (2) (a) Nomination papers for offices to be filled at the spring election may
9393 be circulated no sooner than December 1 November 16 preceding the election and
9494 may be filed no later than 5 p.m. on the first Tuesday in January preceding the
9595 election, or the next day if Tuesday is a holiday, except as authorized in this
9696 paragraph. If an incumbent fails to file nomination papers and a declaration of
9797 candidacy by the time prescribed in this paragraph, all candidates for the office held
9898 by the incumbent, other than the incumbent, may file nomination papers no later
9999 than 72 hours after the latest time prescribed in this paragraph. No extension of the
100100 time for filing nomination papers applies if the incumbent files written notification
101101 with the filing officer or agency with whom nomination papers are filed for the office
102102 which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the
103103 latest time prescribed in this paragraph for filing nomination papers, that the
104104 incumbent is not a candidate for reelection to his or her office, and the incumbent
105105 does not file nomination papers for that office within the time prescribed in this
106106 paragraph.
107107 SECTION 6. 8.11 (1m) (c) of the statutes is amended to read:
108108 8.11 (1m) (c) Whenever the electors of a village, equal to at least 10 percent of
109109 the vote for governor in a village at the last general election, file a petition conforming
110110 to the requirements of s. 8.40 with the village clerk requesting a primary no later
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137137 SECTION 6 ASSEMBLY BILL 1214
138138 than December 1 November 16 preceding the spring election, there shall be a
139139 primary for any specific election.
140140 SECTION 7. 8.50 (4) (f) 1. of the statutes is amended to read:
141141 8.50 (4) (f) 1. Except as provided in subds. 2. and 3., a vacancy in the office of
142142 justice, court of appeals judge or circuit judge occurring in any year after the date of
143143 the spring election and on or before December 1 November 16 shall be filled, if in the
144144 office of circuit judge, at the succeeding spring election; if in the office of court of
145145 appeals judge, at the first succeeding spring election when no other court of appeals
146146 judge is to be elected from the same court of appeals district; or, if in the office of
147147 justice, at the first succeeding spring election when no other justice is to be elected.
148148 A vacancy in the office of justice, court of appeals judge or circuit judge occurring
149149 after December 1 November 16 and on or before the date of the succeeding spring
150150 election shall be filled, if in the office of circuit judge, at the 2nd succeeding spring
151151 election; if in the office of court of appeals judge, at the first spring election, beginning
152152 with the 2nd succeeding spring election, when no other court of appeals judge is to
153153 be elected from the same court of appeals district; or, if in the office of justice, at the
154154 first spring election, beginning with the 2nd succeeding spring election, when no
155155 other justice is to be elected.
156156 SECTION 8. 8.50 (4) (f) 2. of the statutes is amended to read:
157157 8.50 (4) (f) 2. If a vacancy in the office of justice, court of appeals judge or circuit
158158 judge occurs after December 1 November 16 and on or before the date of the
159159 succeeding spring election as the result of the resignation of the incumbent, if an
160160 election for that seat is scheduled to be held at the succeeding spring election and if
161161 the incumbent is not a candidate to succeed himself or herself, the vacancy shall be
162162 filled at the regularly scheduled election.
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190190 SECTION 9
191191 ASSEMBLY BILL 1214
192192 SECTION 9. 11.1111 (1) (a) 1. of the statutes is amended to read:
193193 11.1111 (1) (a) 1. The period beginning on December 1 November 16 and ending
194194 on the date of the spring election.
195195 SECTION 10. 17.21 (3) of the statutes is amended to read:
196196 17.21 (3) COUNTY CLERK, TREASURER, AND SURVEYOR. In the office of county clerk,
197197 treasurer, or surveyor, by appointment by the county board for the residue of the
198198 unexpired term unless a special election is ordered by the county board, in which case
199199 the person appointed shall serve until his or her successor is elected and qualified.
200200 The county board may, if a vacancy occurs before June 1 in the year preceding
201201 expiration of the term of office, order a special election to fill the vacancy. If the
202202 county board orders a special election during the period beginning on June 1 and
203203 ending on November 30 November 15 of any year, the special election shall be held
204204 concurrently with the succeeding spring election. If the county board orders a special
205205 election during the period beginning on December 1 November 16 and ending on
206206 May 31 of the succeeding year, the special election shall be held on the Tuesday after
207207 the first Monday in November following the date of the order. A person so elected
208208 shall serve for the residue of the unexpired term.
209209 SECTION 11. 17.21 (5) of the statutes is amended to read:
210210 17.21 (5) SUPERVISORS, POPULOUS COUNTIES. In the office of county supervisor
211211 of counties having a population of at least 750,000, according to the last U.S. census,
212212 by election for the residue of the unexpired term on the first Tuesday of April next
213213 after the vacancy happens, in case it happens no later than December 1 November
214214 16 preceding the first Tuesday in April, but if the vacancy happens after December
215215 1 November 16 preceding the first Tuesday in April, then such successor shall be
216216 elected on the first Tuesday of April of the next ensuing year; but no election to fill
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243243 SECTION 11 ASSEMBLY BILL 1214
244244 a vacancy in the office may be held at the time of holding the regular election for such
245245 office. In addition to the elections required under this subsection, the county
246246 executive may order a special election to be held under s. 8.50 to fill the vacancy. If
247247 an assembly district in the county is altered by legislative redistricting effective prior
248248 to the end of an existing supervisor term and a vacancy happens, the person elected
249249 to fill that vacancy for the residue of the unexpired term shall be an elector of the
250250 assembly district as it existed prior to redistricting.
251251 SECTION 12. 17.245 of the statutes is amended to read:
252252 17.245 New city, village or town office, filling. Whenever an elective office
253253 is created in a city, village or town pursuant to law or ordinance, the office shall not
254254 be deemed vacant until it has first been filled by the electorate, except that if a city,
255255 village or town enacts an ordinance or bylaw creating a municipal court under s.
256256 755.01 before the December 1 November 16 preceding the spring election the office
257257 of municipal judge for that court shall be considered vacant and a temporary
258258 appointment may be made by the city, village or town governing body pending the
259259 election of the initial elected occupant of the office.
260260 SECTION 13. 17.25 (1) (d) of the statutes is amended to read:
261261 17.25 (1) (d) Any town board having more than 3 members may, if a vacancy
262262 in the office of supervisor occurs before June 1 in the year preceding expiration of the
263263 term of office, order a special election to fill the vacancy. If the town board orders a
264264 special election during the period beginning on June 1 and ending on November 30
265265 November 15 of any year, the special election shall be held concurrently with the
266266 succeeding spring election. If the town board orders a special election during the
267267 period beginning on December 1 November 16 and ending on May 31 of the
268268 succeeding year, the special election shall be held on the Tuesday after the first
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296296 SECTION 13
297297 ASSEMBLY BILL 1214
298298 Monday in November following the date of the order. A person so elected shall serve
299299 for the residue of the unexpired term.
300300 SECTION 14. 59.10 (3) (e) of the statutes is amended to read:
301301 59.10 (3) (e) Vacancies. If a vacancy occurs on the board, the board chairperson,
302302 with the approval of the board, shall appoint a person who is a qualified elector and
303303 resident of the supervisory district to fill the vacancy. The successor shall serve for
304304 the unexpired portion of the term to which the person is appointed, unless the board
305305 orders a special election to fill the vacancy, in which case the person appointed shall
306306 serve until his or her successor is elected and qualified. The board may, if a vacancy
307307 occurs before June 1 in the year preceding expiration of the term of office, order a
308308 special election to fill the vacancy. If the board orders a special election during the
309309 period beginning on June 1 and ending on November 30 November 15 of any year,
310310 the special election shall be held concurrently with the succeeding spring election.
311311 If the board orders a special election during the period beginning on December 1
312312 November 16 and ending on May 31 of the succeeding year, the special election shall
313313 be held on the Tuesday after the first Monday in November following the date of the
314314 order. A person so elected shall serve for the residue of the unexpired term.
315315 (END)
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