Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB35 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
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4	4	2025 ASSEMBLY BILL 35
5	5	February 17, 2025 - Introduced by Representatives STEFFEN, ARMSTRONG, BRILL,
6	6	BROOKS, DITTRICH, GREEN, GUNDRUM, HURD, KITCHENS, KNODL, KREIBICH,
7	7	MURPHY, MURSAU, NEDWESKI, O'CONNOR, PIWOWARCZYK, SORTWELL and
8	8	TUSLER, cosponsored by Senator WANGGAARD. Referred to Committee on
9	9	Campaigns and Elections.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes;
13	13	relating to: withdrawal of candidacy for certain offices filled at the general
14	14	election and providing a penalty.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law provides that any person seeking an elective office who files
17	17	nomination papers and qualifies to appear on the ballot may not decline
18	18	nomination. The person[s name must appear on the ballot except in the case of
19	19	death.
20	20	Under this bill, a person who files nomination papers with the Elections
21	21	Commission for an office to be filled at the general election nevertheless does not
22	22	qualify to appear on the ballot at the partisan primary or general election, and the
23	23	person[s name is prohibited from appearing on the ballot, if before the last day
24	24	provided in current law for the Elections Commission to certify candidates[ names
25	25	to the counties for the partisan primary or general election, the person files a sworn
26	26	statement with the commission attesting that the person withdraws his or her
27	27	candidacy. Under current law, independent candidates for president and vice
28	28	president and candidates for the U.S. Senate and House of Representatives, the
29	29	state senate and assembly, governor and lieutenant governor, secretary of state,
30	30	state treasurer, and district attorney file such nomination papers with the
31	31	commission. The bill includes all of those offices except district attorney. The bill
32	32	also requires the Elections Commission to establish and implement a process by
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36	36	ASSEMBLY BILL 35
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39	39	which the commission verifies the authenticity of such sworn statements filed with
40	40	the commission.
41	41	The bill additionally requires that a person withdrawing his or her candidacy
42	42	for for national or statewide office pay a fee of $1,000 to the Elections Commission.
43	43	A person withdrawing his or her candidacy for an office that is not elected statewide
44	44	must pay a fee of $250 to the commission.
45	45	Under the bill, a person who intentionally makes or files a false statement
46	46	withdrawing a person[s candidacy is guilty of a Class G felony, the penalty for which
47	47	is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.
48	48	Because this bill creates a new crime or revises a penalty for an existing crime,
49	49	the Joint Review Committee on Criminal Penalties may be requested to prepare a
50	50	report.
51	51	For further information see the state fiscal estimate, which will be printed as
52	52	an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 8.35 (1m) of the statutes is created to read:
56	56	8.35 (1m) (a) A person who files nomination papers with the commission for
57	57	an office other than district attorney to be filled at the general election does not
58	58	qualify under sub. (1) to appear on the ballot at the partisan primary or general
59	59	election, and the person[s name shall not appear on the ballot, if, before the June 10
60	60	preceding the partisan primary or before the 4th Tuesday in August preceding the
61	61	general election, the person does all of the following:
62	62	1. Files a sworn statement with the commission on a form prescribed by the
63	63	commission attesting that the person withdraws his or her candidacy.
64	64	2. Pays a fee of $1,000 to the commission if the person is a candidate for
65	65	national or statewide office.
66	66	3. Pays a fee of $250 to the commission if the person is a candidate for an office
67	67	not elected statewide.
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84	84	SECTION 1
85	85	(b) The commission shall establish and implement a process by which the
86	86	commission verifies the authenticity of sworn statements filed with the commission
87	87	under par. (a) 1.
88	88	SECTION 2. 12.13 (3) (ag) of the statutes is created to read:
89	89	12.13 (3) (ag) Intentionally make or file a false statement withdrawing a
90	90	person[s candidacy under s. 8.35 (1m) (a) 1.
91	91	SECTION 3. 12.60 (1) (am) of the statutes is created to read:
92	92	12.60 (1) (am) Whoever violates s. 12.13 (3) (ag) is guilty of a Class G felony.
93	93	(END)
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