2025 - 2026 LEGISLATURE
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2025 ASSEMBLY BILL 223
April 23, 2025 - Introduced by Representatives PIWOWARCZYK, B. JACOBSON,
BROOKS, DITTRICH, DUCHOW, GUNDRUM, KNODL, KREIBICH, MELOTIK,
MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN, RODRIGUEZ, SPIROS,
STEFFEN and TUCKER, cosponsored by Senators WANGGAARD, MARKLEIN,
QUINN and TOMCZYK. Referred to Committee on Campaigns and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 8.40 (2); to amend 8.10 (3) (intro.), 8.15 (4)
(a), 8.20 (3) and 9.10 (2) (em) 2.; to create 8.40 (2) (b) of the statutes; relating
to: residency requirements for persons circulating nomination papers or recall
petitions.
Analysis by the Legislative Reference Bureau
Under current law, any person may circulate nomination papers for a
candidate if the person is eligible to vote in Wisconsin or is a U.S. citizen aged 18 or
older who, if he or she were a Wisconsin resident, would not be disqualified from
voting in the state. A person is eligible to vote in Wisconsin if he or she is a U.S.
citizen aged 18 or older who has resided in an election district in this state for at
least 28 consecutive days.
Under this bill, a person must be eligible to vote in Wisconsin in order to
circulate nomination papers for a candidate. However, under the bill, nomination
papers and petitions for the candidacy of candidates for the offices of president and
vice president of the United States may continue to be circulated by any person
eligible to vote in Wisconsin or by any U.S. citizen aged 18 or older who, if he or she
were a Wisconsin resident, would not be disqualified from voting in the state.
Similarly, under current law, any person who is eligible to vote in Wisconsin or
who is a U.S. citizen aged 18 or older and who, if he or she were a Wisconsin
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resident, would not be disqualified from voting in the state may circulate a recall
petition.
Under the bill, a person must be eligible to vote in Wisconsin in order to
circulate a recall petition and have the signatures on the petition be counted toward
a recall.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 8.10 (3) (intro.) of the statutes is amended to read:
8.10 (3) (intro.) The certification of a qualified circulator under s. 8.15 (4) (a)
who is a qualified elector of this state shall be appended to each nomination paper.
The number of required signatures on nomination papers filed under this section is
as follows:
SECTION 2. 8.15 (4) (a) of the statutes is amended to read:
8.15 (4) (a) The certification of a qualified circulator who is a qualified elector
of this state stating his or her residence with street and number, if any, shall appear
at the bottom of each nomination paper, stating he or she personally circulated the
nomination paper and personally obtained each of the signatures; he or she knows
they are electors of the ward, aldermanic district, municipality or county, as the
nomination papers require; he or she knows they signed the paper with full
knowledge of its content; he or she knows their respective residences given; he or
she knows each signer signed on the date stated opposite his or her name; and, that
he or she, the circulator, is a qualified elector of this state, or if not a qualified
elector of this state, is a U.S. citizen age 18 or older who, if he or she were a resident
of this state, would not be disqualified from voting under s. 6.03; that he or she
intends to support the candidate; and that he or she is aware that falsifying the
certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the
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date that he or she makes the certification next to his or her signature. The
certification may be made by the candidate or any qualified circulator.
SECTION 3. 8.20 (3) of the statutes is amended to read:
8.20 (3) The certification of a qualified circulator under s. 8.15 (4) (a) who is a
qualified elector of this state shall be appended to each nomination paper, except
that for candidates for the offices of president and vice president, the certification of
the qualified circulator under s. 8.15 (4) (a) shall state that the circulator is a
qualified elector of this state, or if not a qualified elector of this state, is a U.S.
citizen aged 18 or older who, if he or she were a resident of this state, would not be
disqualified from voting under s. 6.03.
SECTION 4. 8.40 (2) of the statutes is renumbered 8.40 (2) (a) and amended to
read:
8.40 (2) (a) The certification of a qualified circulator stating his or her
residence with street and number, if any, shall appear at the bottom of each
separate sheet of each petition specified in sub. (1), stating that he or she personally
circulated the petition and personally obtained each of the signatures; that the
circulator knows that they are electors of the jurisdiction or district in which the
petition is circulated; that the circulator knows that they signed the paper with full
knowledge of its content; that the circulator knows their respective residences
given; that the circulator knows that each signer signed on the date stated opposite
his or her name; that, except as provided in par. (b), the circulator is a qualified
elector of this state, or if not a qualified elector of this state, that the circulator is a
U.S. citizen age 18 or older who, if he or she were a resident of this state, would not
be disqualified from voting under s. 6.03; and that the circulator is aware that
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falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall
indicate the date that he or she makes the certification next to his or her signature.
SECTION 5. 8.40 (2) (b) of the statutes is created to read:
8.40 (2) (b) For a recall petition the certification under par. (a) shall state that
the circulator is a qualified elector of this state.
SECTION 6. 9.10 (2) (em) 2. of the statutes is amended to read:
9.10 (2) (em) 2. The circulator is not a qualified circulator elector of this state.
(END)
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