Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB34 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1342/1
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4	4	2025 SENATE BILL 34
5	5	February 12, 2025 - Introduced by Senator WANGGAARD, cosponsored by
6	6	Representatives STEFFEN, ARMSTRONG, BRILL, BROOKS, DITTRICH, GREEN,
7	7	GUNDRUM, HURD, KITCHENS, KNODL, KREIBICH, MURPHY, MURSAU,
8	8	NEDWESKI, O'CONNOR, PIWOWARCZYK, SORTWELL and TUSLER. Referred to
9	9	Committee on Licensing, Regulatory Reform, State and Federal Affairs.
10	10	AN ACT to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes;
11	11	relating to: withdrawal of candidacy for certain offices filled at the general
12	12	election and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Current law provides that any person seeking an elective office who files
15	15	nomination papers and qualifies to appear on the ballot may not decline
16	16	nomination. The person[s name must appear on the ballot except in the case of
17	17	death.
18	18	Under this bill, a person who files nomination papers with the Elections
19	19	Commission for an office to be filled at the general election nevertheless does not
20	20	qualify to appear on the ballot at the partisan primary or general election, and the
21	21	person[s name is prohibited from appearing on the ballot, if before the last day
22	22	provided in current law for the Elections Commission to certify candidates[ names
23	23	to the counties for the partisan primary or general election, the person files a sworn
24	24	statement with the commission attesting that the person withdraws his or her
25	25	candidacy. Under current law, independent candidates for president and vice
26	26	president and candidates for the U.S. Senate and House of Representatives, the
27	27	state senate and assembly, governor and lieutenant governor, secretary of state,
28	28	state treasurer, and district attorney file such nomination papers with the
29	29	commission. The bill includes all of those offices except district attorney. The bill
30	30	also requires the Elections Commission to establish and implement a process by
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33	33	3 2025 - 2026 Legislature
34	34	SENATE BILL 34
35	35	- 2 - LRB-1342/1
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37	37	which the commission verifies the authenticity of such sworn statements filed with
38	38	the commission.
39	39	The bill additionally requires that a person withdrawing his or her candidacy
40	40	for for national or statewide office pay a fee of $1,000 to the Elections Commission.
41	41	A person withdrawing his or her candidacy for an office that is not elected statewide
42	42	must pay a fee of $250 to the commission.
43	43	Under the bill, a person who intentionally makes or files a false statement
44	44	withdrawing a person[s candidacy is guilty of a Class G felony, the penalty for which
45	45	is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.
46	46	Because this bill creates a new crime or revises a penalty for an existing crime,
47	47	the Joint Review Committee on Criminal Penalties may be requested to prepare a
48	48	report.
49	49	For further information see the state fiscal estimate, which will be printed as
50	50	an appendix to this bill.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 8.35 (1m) of the statutes is created to read:
54	54	8.35 (1m) (a) A person who files nomination papers with the commission for
55	55	an office other than district attorney to be filled at the general election does not
56	56	qualify under sub. (1) to appear on the ballot at the partisan primary or general
57	57	election, and the person[s name shall not appear on the ballot, if, before the June 10
58	58	preceding the partisan primary or before the 4th Tuesday in August preceding the
59	59	general election, the person does all of the following:
60	60	1. Files a sworn statement with the commission on a form prescribed by the
61	61	commission attesting that the person withdraws his or her candidacy.
62	62	2. Pays a fee of $1,000 to the commission if the person is a candidate for
63	63	national or statewide office.
64	64	3. Pays a fee of $250 to the commission if the person is a candidate for an office
65	65	not elected statewide.
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78	78	13 2025 - 2026 Legislature
79	79	SENATE BILL 34
80	80	- 3 - LRB-1342/1
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82	82	SECTION 1
83	83	(b) The commission shall establish and implement a process by which the
84	84	commission verifies the authenticity of sworn statements filed with the commission
85	85	under par. (a) 1.
86	86	SECTION 2. 12.13 (3) (ag) of the statutes is created to read:
87	87	12.13 (3) (ag) Intentionally make or file a false statement withdrawing a
88	88	person[s candidacy under s. 8.35 (1m) (a) 1.
89	89	SECTION 3. 12.60 (1) (am) of the statutes is created to read:
90	90	12.60 (1) (am) Whoever violates s. 12.13 (3) (ag) is guilty of a Class G felony.
91	91	(END)
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