172

NOMINATIONS, PRIMARIES, ELECTIONS

8.01 Method of nomination . Candidates forelective office shall be nominated according tothis chapter .

8.02 Nominat ion paper circulation date .Whenever a specific date is not' given to begincirculation of nomination papers, the first dayfor circulation shall be the first day of themonth one month prior to the month in whichhthe filing deadline is scheduled„ Signaturesshall not be counted if signed and dated prior tothe first day for circulation„

8 .03 Multiple nominations. (1) The nameof any person nominated to the same office bymore than one party or primary or nominatedfor more than one office shall appear under theparty first nominating himm or under "the office towhich he was first nominated . If the doublenomination is simultaneous, the person nomi-nated, before the deadline for filing the certifi-cate of nomination shall file a written statementwith the same person with whom fie files his cer-tificate stating his party or office preference . Ifthe candidate fails to select his party or office,his name shall be placed under either party oroffice, but cannot appear, more than once .When a candidate is nominated on a ballotwhere his name appears and is also nominatedon some other ballot by write-in, he shall nothave a choice, but shall be a nominee of theparty which printed his name on their ballot .

(2) Subsection (1) shall not apply when acandidate for the office of president or vice pres-ident of the United States is nominated for an-other elective office during the same election . Ifthe candidate is elected president or, vice presi-dent of the United States such election shallvoid his election to any other office .. A specialelection shall be held to fill any office vacatedunder this subsection .

8.04 Nomination paper signatures. If anyperson signs nomination papers for 2 candidatesfor the same office in the same election at differ-ent times, the earlier signature is valid and thelater, signature shall be stricken . Any personwho signs or circulates nomination papers forone candidate may later circulate nominationpapers for another candidate for the same officein the same election if he changes his mind andintends to support the latter candidate,

8 .05 Nomination In towns and villages .Every candidate for an elective office in a townor village shall be nominatedd under this section .

(1) CAUCUS. (a) When nomination papersare not used, there shall be a caucus to nominatecandidates. The governing body shall between.December 1 and January . decide the date ofthe caucus, . The date: of the caucus may be es-tablished between the first Tuesday in Januaryand the last Tuesday in January. When possi-ble, preference should be given to having thecaucus on the last Tuesday- in January .

(b) Whenever a caucus is held, the municipalclerk shall give notice of the time and date forthe caucus by posting- in his office and by onepublication in a newspaper' under ch. 985, atleast 5 days before the date of the caucus .

(c) The town chairman or village presidenttogether with the municipal clerk shall serve ascaucus officials., If the chairman or president isa candidate, he shall call for the election of offi-cials to conduct the caucus. The officials shallbe elected by acclamation or, ballot as the meet-ing directs . . The electors attending the meetingshall select 2 tellers to canvass the vote for eachoffice at the caucus .

(d) Names of candidates shall be placed innomination either by motion made and secon-ded from the floor or by writing the candidate'sname on a slip of paper distributed by the tellers

8 .01. NOM INATIONS, PRIMARIES, ELECTIONS

CHAPTER 8

801 Method of nomination .802 Nomination paper circulation date8.. 03 Multiple nominations .:8.. 04 Nomination paper signatures ,8.. 05 . Nomination in towns and villages .8.06 Special elections .8.10 Nominations for spring election.8,11 Spring primary:8. 12 Presidential preference vote . .813 Commission city primary .8,15 Nominations for September primary

8„ 16 Partisan nominations .8 Political party committees .8 Regular political party committees. .8 Nomination of presidential electors ,8 .. 185 . Write-in candidates for president and vice president .8 Party name .8 .20 Nomination of independent candidates .8. 25 General elections .830 Candidates ineligible for ballot placement ,8 . 35 Vacancies after nomination . .850 Special elections.

NOMINATIONS, PR IMARIES, ELECTIONS 8.05173

to thosee electors attending the caucus .. Onlypersons placed in nomination shall be voted on , .

(e) Nominations shall be made for one officeat a time . Candidates for the office , of town su-pervisor when elected jointly and of villagetrustee shall be considered one office for pur-poses of nomination and election .

(f) Before balloting the caucus chairmanshall announcee the names of all candidatesplaced in nomination.

(g) The voting for each office shall be by bal-lot, but the caucus chairman mayy dispense withvoting when only one or 2 persons . . : are nomi-nated for the same office.,

(h) The 2 candidates receiving the highestnumber of votes cast for eachh office shall benominated and certified by the caucus chairmanand tellers to the municipal clerk .. The certifiednames of the candidates shalll be placed on theofficial ballots. If a town under s , 5 . 60 (6)elects its supervisors jointly, candidates equal totwice the number of positions to be filled, whoreceive the most votes, shall be nominated andcertified . .

(i) Village trustees, excluding the office ofvillage president, shall be nominated togetherand at large . Candidates, equal to twice thenumber of positions to be filled, who receive themost votes, shall be nominated and certified .

(j) Any candidate nominated at a caucuswho files a written declination of nominationwithin 5 days shall not be included on the offi-cial ballot .

(3) TOWN NONPARTISAN PRIMARY . (a) Inlieu of sub. (1) , the electors eitherr by referen-dum or at the town meeting may provide fornomination of elective town office candidates ata nonpartisan primary conducted as provided insub. (5) . The nomination papers shall be signedby not less than 20 nor more than 100 electors ofthe town . The nomination papers shall be circu-lated not sooner than December 1 preceding theelection and shall be filed with the town clerknot later than 5 p .m. the first Tuesday in - Janu-ary, or the next day if Tuesday is a ' holiday.

(b) Notice shall be given underss . . . 10 . 01. (2)(a) and 10 . 06 (2) (a) .

(c) When this subsection is used, no addi-tional candidates may be nominated under sub .(1 ) .

(d) The question of adoption of the nonparti-san primary under this subsection may be sub-mitted to the electors at any regular electionheld in the town or at a special election calledfor the purpose . When a petition signed by 20electors of the town is filed withh the townn clerkso requesting, the question shall be submitted toa vote ..

(e) Petitions requesting a vote on the ques-tion at a regular town election shall be filed no

later than 5 p.m. the last Tuesday in February .When the petition is filed, the clerk shall checkits sufficiency.. Whether at a regular or specialelection,- the clerk shall give separate notice byone publication in a newspaper at least 5 daysbefore the election,

(f) The ballot used for the referendum ques-tion shall be, arranged under s, 5 .60 (7) andshalll ask : :"Shall all candidates in the town of . . . . .for elective town offices be nominated at a non-partisan primary"?

(g) If a majority of the votes cast are in theaffirmative, `a nonpartisan primary, under sub .(5), shall thereafter be held to obtain candi-dates for elective town offices .

(4) VILLAGE NONPARTISAN PRIMARY. (a) Amajority of the governing body of any villagemay provide under s.-8 .11 (1) (a) and (b) thatcandidates for elective village office shall benominated by a nonpartisan primary, under sub .(5) . Determination of the governing body toprovide for, such primary under, s . 8 :11 (1) (a)shall be made not later than December lpre-ceding the election .

(b) Nomination papers shall be signed by notless than 20 nor more than 100 electors of thevillage„ The papers shall be circulated notsooner than December l preceding the electionand shall be filed with the villagee clerk not later,than. 5 p.m. the first Tuesday in January, or thenext day if Tuesday is a holiday .

(c) Notice shall be given, under ss . 10 .01 (2)(a) and 10.06 (3) (a) .

(d), When this subsection is, used, no addi-tional candidates may be nominted under sub .0).

(5) WHEN PRIMARY IS HELD. Towns and vil-lages adopting the nonpartisan primary to nom-inate candidates, under subs . (3) and (4), shallhold a primary only when the number of candi-dates for an elective office in the municipalityexceeds twicee the number to be elected to theoffice. Those offices for which a primary hasbeen held shall have onlyy the names of candi-dates nominated at the primary appear' on theofficial spring election ballot., When thenumber of candidatess for an office does not ex-ceed twice the number to be elected, their' namesshall be printed on thee official ballot for the reg-ular election without a primary ..

(6) MENOMINEE COUNTY . In counties con-taining only one town candidates shall be nomi-nated for the office of supervisors at large andby wards, and all applicable provisions of thissection shall apply to their selection . In select-ing the candidates for ward supervisor by cau-cus, the candidates for each ward shall be se-lected separately, and only those electors shallparticipate in each as are residents of that ward,,

8.05 NOMINATIONS, PRIMARIES, ELECTIONS 174

8 . 10 Nominations for spring election . (1)Candidates for office to be filled at the springelection shall be nominated by nomination pa-pers, or by nomination papers and selection atthe primary if a primary is held, except as pro-vided for towns and villages under s . 8 .05. Un-less designated in this section or s . 8 .05, the gen-eral provisions pertaining to nomination at theSeptember primary apply .

(2) Nomination papers forr offices to befilled at the spring election shall be circulatednot sooner than December 1 preceding the elec-tion and shall be filed not later than 5 p .m ., onthe first Tuesday in January, or the next day ifTuesday is a holiday.

(3) The nomination papers shall conform tothe requirements for nomination paper's for in-dependent candidates for the general election,except that the number of required signaturesshall be :

(a) For state offices, not less than 2,000 normore than 4,000 electors ;

(am) For court of appeals judges, not lessthan 1,000 nor more than 2,000 electors ;

(b) For judicial offices not specified in pars .(a), (am) and (c), not less than 200 nor morethan 400 : electors ;

(c) For judicial offices in counties over500,000 population, not less than 1,000 normore than 2,000 electors;

(cm) For county executives in counties over500,000 population, not less than 2,000 normore than 4,000 electors ;

(d) For county executives in counties be-tween 100,000 and 500,000 population, not lessthan 500 nor more than 1,000 electors;

(e) For county executives in counties under100,000 population, not less than 200 nor morethan 400 electors ;

(f) For supervisors in counties over 500,000population, not less than 200 nor more than 400electors ;

(g) For supervisors in counties between100,000 and 500,000 population, not less than100 nor more than 200 electors ;

(h) For supervisors in counties under100,000 population, not less than 20 not morethan .100 electors ;-

8.1t Spring primary. (1) Ciiy. (a) A pri-mary may be held in any city for the nominationof candidates for city office. When a majorityof all the members of the governing body of acity decidee upon a spring primary for any spe-cific election; they shall so provide not later than3 days afterr the deadline for filing nominationpapers .

(b) Any city may provide by charter ordi-nance, under s. 66:01; that whenever 3 or more

Any ward candidate seeking nomination by thecirculation of nomination papers shall incorpo-rate in his nomination papers a statement thatthe signers are qualified electors of that ward.

History: 1971 c 304 s 29 (2) ; 1973 a . 280 ; 1977 c . 340 ;1977 c . . 447 ss . 1 1, 210 . .

8 .06 Special elections. Towns, cities andvillages may call special elections for, any lawfulpurpose.

(i) For city offices in 1st class cities, not lessthan. 1,500 nor more than 3,000 electors forcity-wide offices, not less than 200 nor morethan 400 electors for aldermen elected from al-dermanic districts and not less than 400 nor 'more than 800 electors for members of theboard of school directors elected from combinedaldermanic districts . '

(j) For city offices in 2nd and 3rd class cities,not less than 200 nor more than 400 electors forcity-wide offices and not less than 20 nor morethan 40 electors for aldermen elected fromm al-dermanic districts ,

(k) For city offices in 4th class cities , not lessthan 50 nor more than 100 for city-wide officesand not less than 20 nor more than 40 electorsfor aldermen elected from aldermanic districts .,

(1) For other offices, not less than 20 normore than -100 electors.

(4) All the signers on one sheet shall be fromthe same county when a candidate is to beelected by the electors of more than one county .

(5) Each candidate shall file with his or her,nomination papers a sworn declaration in themanner prescribed by s .. 8 . 15 (4) (b) that thecandidate will qualify for the office, if elected .,

(6) Nomination papersshall be filed :(a) For statewide offices,, court of appeals

, judgeships and circuit judgeships, in the officeof the board..

(b) For offices not specified in par , (a) to bevoted for wholly within one county and forcounty supe rvisor, in the office of the countyclerk,

(c) For city offices and other officers votedfor, exclusively within ' the municipality, exceptward committeemen under s : 8 .17 and countysupervisors under par. (b), in the office of themunicipal clerk.

(d) For school district offices to be voted forwithin more than one municipality, with theperson designated by the school board as the fil-ing official for their school district .

History: 1971 c . 304 s . 29 (1), (2) ; 1973 c .. 280; 1973 c. .334 s . 57 ; i975 c. . 93, 328, 422; 1977 c.. 18 7, 340, 427, 445,449 .

Petitioner who timely filed with county clerk rather thanwith board under (6) (a) is barred from ballot. State ex rel.Ahlgrimm v. State Elections Bd . 82 W (2d) 585, 263 NW(2d) is2.

NOMINATIONS, PRIMARIES, ELECTIONS 8.12175

that state party organization, the national com-mitteeman and the nationall committeewoman ;the speaker and the minority leader of the as-sembly, and the president pro tempore and mi-nority leader of the senate . This committeeshall organize by selecting an eleventh memberwho shall be the chairman and shall determine,andd certify to the board no later than on the Fri-day following the first Tuesday in February, thenames of all candidates of the political partiesrecognized under' s . 5 .62 f'or, the office of presi-dent of the United States .' The committee shallhave sole discretion that such candidates' candi-dacy is generally advocated or, recognized in thenational news media throughout the UnitedStates .

(b) No later than 5 p .m. on the first Tuesdayin March of said year, any person seeking theindorsement by the national convention of' a po-litical party recognized under s . 5,62 for the of-fice of president of the United States, or, anygroup organized in this state on behalf of andwith the consent of such person, may submit tothe board a petition to have said person's nameprinted on the presidential preference ballot .Such petition shall be signed by a number ofqualified electors equal in each congressionaldistrict to, not less than . 1,000 signatures normore than 1,500 signatures . . All signers on eachseparate petition shall reside in the samecounty .

(c) The board shall forthwith contact eachperson whose name has been placed in nomina-tion under par : (a) and notify him or, her thathis or her name will be printed on the Wisconsinpresidential preference ballot unless he or shefiles, no later than 5 p .m. on the last day in Feb-ruary of such year, with the board, a disclaimerstating without qualification that he or she isnot and does not intend to become a candidatefor the office of president of the United States atthe forthcoming presidential election . The dis-claimer may be filed with the board by certifiedmail, telegram or in person .

(2) BALLOTS. (a)' The, form of the officialballots shall be prescribed by the boardd under s, .5 .60 (8) .

(b) Except as otherwise provided in subs .(1) and (3) and s . 5 .60 (8), the presidentialpreference vote election shall be noticed, heldand conducted, and the results canvassed andreturned, in the manner provided for judicialelections .

(2m) DELEGATE INFORMATION . The statechairman of each recognizedd political partyhaving a presidential preference ballot shall cer-tify to the board, no later, than 5 p .m. on the 2ndTuesday in March of presidential election years,the number of delegates who will be entitled toserve.e at the party's convention from thiss state . .

8.12 PresidentIal preference vote . (1) SE-LECTION OF NAMES FOR BALLOT. In each year, inwhich electors for president and vice presidentare to be elected, the voters of this State shall atthe spring election be given an opportunity toexpress their preference for the person to be thepresidential candidate of their, party .

(a) On the first Tuesday in February of saidyear, there shall be convened: in the capitol acommittee consisting of, for each political partyrecognized under s . 5 .62, the state chairman of

candidates file nomination papers for a city of-fice, a primary to nominate candidates for theoffice shall be held,

(c) Whenever electors, equal to at least 10%of the vote for governor in the city at the lastgeneral election, file petitions requesting a pri-mary within 3 days after the deadline for filingnomination papers ; there shalll be a primary forany specific election ;

(d) When the number of candidates for anycity office does not exceed twice the number tobe elected to the office, no primary shall be heldfor the office and the candidates' names shall beprinted on the ballot for the ensuing election .

(2) MILWAUKEE COUNTY. A primary shallbe held in counties over 500,000: populationwhenever there are more than twice the numberof candidates to be elected to any judicial officewithin the county or to the county boardd of su-pervisors from any one district . A primary shallbe held in municipalities in counties over500,000 population whenever there, are morethan twice the number of candidtes to beelected to the board of education fromm any givenarea except in cities of the lst class,

(2m) PRIMARY . A primary shall be held incities of the 1st class whenever there are morethan 2 candidates forr any at-large seat or anycombined aldermanic district seat which is to befilled on the board of school directors in thatyear .

(3) STATE. A primary shall be, held whenthere are 3 or more candidates for state superin-tendent, for ,justice, forr court of appeals,judge inthe same district or for judge of the same branchof circuit court .

(4) PRIMARY EXCLUSIVE . Those offices forwhich a primary has been held shall have onlythe names of candidates nominated at thee pri-mary appear, on the officialspring election bal-lot.

(5) COUNTY SUPERVISORS. A primary shallbe held in an election for countyy board supervi-sor, whenever 3 or more candidates file nomina-tion papers .History: 1973 c . 1188 s., 7; 19733 c. 243; 1977 c .. 187, 445,

449.

8.12 NOMINATIONS, PRIMAR IES, ELECTIONS 176

At least two-thirds of such number shall be des-ignated by congressional district and the re-mainder, if any, shall be designated at-large del-egates . The number of at-large delegates andthe number of district delegates certified by theparty shall be the total number of delegates andthe total number of alternates certified for suchparty by the board under sub. (3) (d) .

(3) DELEGATES TO NATIONAL CONVENTION.(a) In canvassing the presidential preferencevote, the specific candidate for president receiv-ing aplurality in any district or in the state atlarge is entitled to control all the delegates rep-resenting such area in accordance with par . (c)5 . If the choice for "none of the names shown"receives a plurality, then all the delegates fromthe affected area shall be uninstructed . As analternative to this procedure, the state chairper-son of any political party having a presidentialpreference ballot may inform the board in writ-ing no later than 5 p.m . the 2nd Tuesday inMarch of each presidential election year, thatthe delegates from such party are to be certifiedon the basis of proportional representation ., Insuch case, each presidential candidatee shall beapportionedd delegates committed to supporthim or her as nearly as possible in accordancewith the percentage of the vote in a district or inthe state at large which such candidate receives .Uninst r ucted delegates shall also be allotted asnearly as possible to represent the percentage ofvotes cast for "none of the names shown" in anydistrict or in the state at large, in proportion tothe percentage of votes cast for such option, butno fractional delegate votes shall be allowed inany party.

(am) No later than the last Monday in Aprilfollowing the presidential preference vote, theboard shall notify each state party organizationchairperson under sub . (1) (a) of the results ofthe presidential preference vote cast within hisor her party, and the number of delegates fromeach congressional district and from the state atlarge which are to be pledged to each presiden-tial candidate and the number which are to beuninstructed..

(b) After receiving the results of the presi-dential preference vote cast under par. (am),each state party organization shall select asmany delegates or alternates as are allotted orpermitted this state's party organization by thenational committee of the political party. as cer-tified under sub . (2m) in accordance withh theresults of the vote cast for each candidate odorthe uninstructed delegation. The method ofse-lecting the delegates or alternates shall be deter-mined by the state party organization, , but notless than two-thirds of the convention votes shallbe allotted to congressional districts and thesedelegates and alternates shall be selectedd by the

party organizationss of each respective district .In executing the pledge under par . . (c) 5 , dis-trict delegates and district delegate alternatesshall be bound by the outcome of the presiden-tial preference vote in theirr respective districts ,and the delegates and alternates representingthe state at large shall be bound by the outcomeof the total presidential preference vote in thestate at large in accordance with the system ofselection under par.. . (a) which is used by theirparty. The selection of delegates and alternatesshall occur no earlier than the Tuesday after thelast Monday in , April following a presidentialpreferencee vote. The names of the suggesteddelegates and alternates pledged to a particularcandidate shall be transmitted to that candidatefor his or herr approval no later than June 5 , andthe candidate shall notify the chairperson of thestate party organization of his or her disap-proval of any delegate or alternate by June 10,and where the candidate has disapproved his orher suggested delegates and alternates, he o r sheshall file his or her own list of delegates and al-ternates, which shall become that candidate'sofficial slate of delegates and alternates to thenational presidential convention „ No person se-lected as a delegate or alternate is qualified toattend the national convention of his or her po-litical party unless he or she files with the statechairperson of his or her political party a writ-ten declaration of acceptance, signed by himselfor herself, on a form prescribed by the board,and the state chairperson deposits this declara-tion of acceptance in the office of the board nolater than 5 p .m. on June 20 .

(c) The declaration of acceptance shall be inthe form of an affidavit and shall contain thefollowing information :

1 . The name, residence and post-officee ad-dress of the delegate or alternate delegate .

2. A statement that he is a qualified voter .3 . A statement that he will not withdraw his

name before the holding of the national conven-tion of his party .

4. A statement that he is affiliated with thepolitical party which selected him as a delegateor alternate to its national political convention .

5 . If the delegate or alternate is selected torepresent votes cast for a specific candidate forthe office of president of the. United States inaccordance with the method of selection used bythe party under par. (a), or is selected to re-place such a person, a pledge in the followingform:

"As a delegate to the 19 . . national conventionof the .. . . . party I pledge myself to support thecandidacy of .. . . as a candidate for the nomina-tion for president by the . ., .. party; that I will,unless prevented by the death of the candidate,

NOMINATIONS, PRIMARIES, ELECTIONS 8.15177

(3) All signers on each separate nominationpaper fox, all state offices , United States sena-tors, congressmen, county offices and state leg-islators shall reside in the same county and inthe district which the candidate named thereinwill represent, if elected .

(4) (a) The affidavit of a qualified electorstating his residence with street and number, ifany, shall-appearat the bottom of each nomina-tion paper, stating he is personally acquaintedwith all the signers; he knows they are electorsof the ward, aldermanic district, municipality orcounty, as the nomination papers require ; heknows they signed the paper with fullknowledge of its content; he knows their respec-tive residences given; he knows each signersigned on thee date stated opposite his name ;and, that he, the affiant, resides within the dis-trict which the candidate named therein willrepresent, if elected, and that he intends to sup-port thee candidate . The affidavit may be madeby the candidate or any qualified elector „

(b) Each candidate shall file with his or her,nomination papers, a declaration, sworn tobefore any :officerr authorized to administeroaths, that the candidate meets or will at thetime he or she assumes office meet applicableage, citizenship, residency or voting quali fica-tion requirements, if any, prescribed by the con-stitutions and laws of the United States and ofthis state, and that he or she will otherwise qual-ify for office if nominated and elected In thecase, of candidates for state and local office, thecandidate shall - also - swear that he or she has notbeen convicted of any felony for which he o r shehas not been pardoned . The nomination papersand the candidate's sworn declaration are validwith or without the seal impression of the au-thorized officer who administered the oath .

(5) Each nomination paper shall have sub-stantially the following words printed at the top :

I, the undersigned, a qualified elector of the., . .: Ward, . . . : Aldermanic district, (Town, City,Village) of . . . . , Countyy of . .. ., State of Wiscon-sin; representing the principles of the . . ., party,do hereby nominate : . , (include first and lastnamee plus middle initial, or initial, middle andlast name; the use of an initial for a first or mid-dle name is optional, but no nicknames, abbrevi-ations or titles), who resides at . . . . Street,(Town, City, Village) of:. . , in the County of. .. ., and whose post-office address is . . . ., Wiscon-sin, as a candidate for the office of . . . ., to bevoted for at the primary to be held on the .. . . . dayof . . . 19 . .' as representing the principles of theabove named party, and I declare that I intendto ;supportt the candidate named herein .

(6) The number of required signatures onnomination : papers shall be ass follows:

8 .15 Nominations for September pri-mary. (1) Nomination papers shall be circu-lated not sooner than June l preceding the elec-tion and shall be filed not later than 5 p .m. onthe 2nd Tuesday of July in those years when aSeptember primary is held . Only those candi-dates for whom nominationn papers containingthe necessary signatures acquired within the al-lotted time and filed before the deadline shallhave their names printed on the official Septem-ber primary ballot .

(2) '` The signer of a nomination paper de-clares his intent to support the candidate namedtherein . Only onee signature per person for thesame office is valid :' In addition to his signature,each signer shall list his residence, including thestreet and number, if any, and the date of sign-ing . ,

vote for his (or her) candidacy on the first bal-lot; and vote for his (or her) candidacy on anyadditional ballot, unless released by said candi-date, until said candidate fails to receivee at leastone third of the votes authorized to be cast; andthat, thereafter, I shall have the right to cast myconvention vote according to my own ,judg-ment"„

(d) The board shall forthwith certify to thecredentials committee at the national conven-tion of each party recognized under s . 5 .62 a listof thee names of the delegates and alternatesqualified to represent the party organization ofthis state by virtue of havingg complied withpars. (b) and (c) .

(e) Any vacancy in an office of delegate oralternate to a national political party conventioncaused by the death, or inability for any reasonto serve, of a delegate or alternate delegate shallbe filled by the state committee of the politicalparty organization entitled to make the originalselection under par . (b), but no person selectedto fill a vacancy under this paragraph is quali-fied to serve in place of any person required toexecute the affidavit under par . (c) 5 unless heor she executes the affidavit.

History: 1973 c.. .3 :34 ss, 16, 57;.19'75 c . . 93, 185, 199, 422 ;1977 c . . 427 .

8 .13 Commission city primary. At the firstprimary after adoption of the commission formof government the 2 candidates for mayor andthe 4 candidates for councilmen receiving thehighest number of votes shall be nominated . Atsubsequent primaries the 2 candidates receivingthe most votes for either office shall be nomi-nated. Only the names of the nominees shall ap-pear on the spring election ballot .

8.15 NOMINATIONS, PRIMARIES, ELECTIONS 178

minimum number of signatures required onnomination papers for that office under s . 8 . 15(6), whichever is greater, and the person files aregistration statement under' s . 11 . 05 (2g) or(2r) and declaration of acceptance under s .8 . 1 : 5 . (4) (b), within 2 days after the person re-ceives notification of his or her nomination . In-dependent candidates may not be nominated bywrite-in votes but shall file nomination papersunder s .- 8 ..20 . .

(3) Where the boundaries of a district inwhich the candidate of a political party seeks of-fice have been changed since the most recent gu-bernatorial election such that it isnot possible tocalculate the exact percentage of write-in votes ,under sub. (2), which are needed by that candi-date to become the nominee of the party , thenumber of votes cast for a political party 's nomi-nee for governor at the last general election ineach ward or aldermanic district , or each mu-nicipality where there are no wards, which iswholly contained within the boundaries of thenewly formed district shall be calculated . If acandidate of a political party in a newly formeddistrict does not obtain 5 % of the number ofvotes calculated or the number of votesequivalent to the minimum number of signa-tures required under s . 8.15 (6), whichever isgreater, the candidate shall not appear on theballot as the candidate of that party for the of-fice sought .

(4) A recognized political party which par-ticipated in the most recent gubernatorial elec-tion but loses its ballot position and subse-quently regains such position under ' s . 5 .62 (2)does not cease to be a political party for pur-poses of qualification under subs .. (2) and (3) .

(5) Any candidate for, a partisan state officemay also qualify for payments under s . . 11 .500 ifthe candidate meets the requirements specifiedin s . 11 .50; however, a candidatee who qualifiesunder this section for placement on the officialballot at the general election shall appear onsuch ballot regardless of whether he or she qual-ifies for payments under s. 11 .50.

(6) The persons who receive the greatestnumber of votes respectively for the offices ofgovernor and lieutenant governor on any partyballot at a primary shall be the party ' s joint can-didates for the offices,, and their names shall soappear on the official ballot at the next election .

(7) Nominees chosen at a national conven-tion and under s . .8 .18 (2) by each party entitledto a September primary ballot shall be theparty's candidates for president, vice presidentand presidential electors .

History : 19 75 c. . 41, 93, 199 ; 1977 a, 107, 383, 427, 447 .The vote percentage requirement set forth in (2) applies

to special partisan primary elections . 61 Arty Gen. . 172 .

8.16 Partisan nominations. (1) The personwho receives the greatest number of votes for anoffice on any partyy ballot at a primary shall bethe party's candidate forr the office, and thatperson's name shall so appear on the officialballot at the next election . All independent can-didates shall appear on the general election bat-lot regardless of the number of votes received bysuch candidates at the September primary . :.

(2) A person who receives only write-in votesshall not appear on the ballot as the candidate ofa recognized political party for an office unlessthe person receives at least S% of the vote castin the jurisdiction or district for the party's gu-bernatorial candidate at the last general elec-tion or the number of votes equivalent to the

(a) For state-wide offices, not less than 2,000nor more than 4,000 electors .

(b) For representatives in congress , not lessthan 1,000 nor more than 2,000 electors .

` (c) For state senators, not less than 400 normore than 800 electors :

(d) For representatives to the assembly, notless than 200 nor more than 400 electors .

(e) Por, offices representing less than a con-gressional district in area and for, county offices,not less than 500 nor more than 1,000 electors incountiess over 100,000 population and not lessthan 200 nor more than 400 electors in countiesof 1,00,000 population or less .

(7) A candidate may not run in more thanone party primary at the ' same time. No filingofficial may accept nomination papers for thesame person 'in the same election for more thanone party . An independent candidate at a parti-san primary or other election may not file nomi-nation papers as the candidate of a recognizedpolitical party for the same office at the sameelection . A person who files nomination , papersas the candidate of a recognized political partymay not file nomination papers as an independ-ent candidate for the same office at the sameelection.

(8) Nomination papers shall be filed :(a) For state offices, United States senators,

representatives in congress and memberss of thesenate and assembly, nin the office . of the board.

(b) For offices to be voted for wholly withinone county, except representatives in congressand members of the senate and assembly, in theoffice of the county clerk .

History: 1971 c. : 304 ss. 13, 29 (1), (2) ; 1973 c 334 s: 57 ;1977 c .. 107, 427,

Candidate for, election to Congress need not be a residentof the district at the time he files his nomination papers andexecutes the declar ation of intent to accept the office ' ifelected., A candidate for Congress must be an inhabitant ofthe state at the time of election . 61 Atty;, Gen . 155

Requirement of (4) (b) that candidate reside in district attime of filing nomination papers unconstitutionally adds tocandidacy qualifications required by Art . IV, sec .. 6 . . 65Atty.Gen . . 159

NOMINAT IONS, PR IMARIES, ELECTIONS 8.17179

(b) Within 2 days after completion of the of-ficial September primary county canvass thechairman of each party committee shall call thefirst meeting of the county committee . The datefor the meeting shall be set not less than 5 normore than 15 days thereafter by giving at least 5days' written notice to each member.

(c) At the first meeting, the county commit-tee shall elect a chairman, secretary , treasu rerand other officers or subcommittees deemednecessary .

1 . In counties containing one or more assem-bly districts, the county committee shall alsoelect 2 persons from each a ssembly distr ict asmembers of the congressional district commit-tee .2 . In counties comprising an assembly district

consisting of more than one county, each countyshall elect one person as a member of the con-gressional district committee . .

(d) The county committee chairman electedat the first meeting shall certify to the state cen-tral committee chairman the name and post-office address of each person elected to the con-gressional district committee .

(e) Additional county committee meetingsmayy be called by the county chairman or uponwritten demand signed by a majority of thecommittee members . If the chairman fails tocall a meetingg of the committee within 3 days ofthe written demand, demanding members maydesignate one of their number to call a meetingand preside. Any business transacted at themeeting shall have the same effect as a meetingcalled by the county chairman.

(f) Any county committee officer may be re-moved from office at anyy meeting of the com-mittee called under par„ (e) by a majority voteof those present and voting. Two-thirds of themembers of the county committee constitute aquorum at a meeting for the removal of the of-fi cers .

(g) Any vacancy in any committee officeshall be filled by the county committee , exceptthat the county chairman may temporarily fill .any vacancy.

(h) The county committee may appoint acommitteeman for any ward,, aldermanic dis-trict or village in which none was elected .

(i) Each committee ' and its officers shallhave the powers usually exercised by commit-tees and their office rs .

(6) (a) Committees may be organized forany political subdivision, or legislative districtas under sub . (5) .. The first meeting shall becalled within 10 days pursuant to a written de-mand therefor signed by 25 % or more of themembers by at least 5 days '' written notice toeach member .

8.17 Political party committees . (1) Atthe September primary the party committee-men shall be elected . Counties over 500,000population shalll elect one committeeman foreach political party from each aldermanic dis-trict andd village. All other counties shall electone committeeman for each political party fromeach ward.

(2) Nomination papers shall be in substan-tially the same form as those required under s .8.15 Nomination' papers shall be circulated nosooner than June 1 preceding the election andshall be filed in the office of the county clerk notlater than 5 p .m. on the 2nd Tuesday of July inthose years when a September' primary is held .The number of required signatures shall be:

(a) For party committeeman from each al-dermanic district and village in counties over500,000 population, not less than 60 nor morethan 100 electors .

(b) For party committeeman from eachward in 2nd, 3rd and 4th class cities, not lessthan 20 nor more than 40 electors .

(c) For committeeman in all other wards, notless than 20 nor more than 40 electors.,

' (3) (a) Only the names of persons filingnomination papers shall have their namesprinted on the ballots . There shall be no spaceprovided for write-ins.. When no candidate filesnomination papers for party committeeman, theoffice shall not appear on the ballot for thatparty in that ward, aldermanic district or villageand the vacancy shall be filled by the politicalparty committee under ss . 7.38 (3) and 8.35 .

(b) The county clerk shall arrange the namesof candidates for committeemen in the properparty column for each ward, aldermanic districtand village under s . 5 .62 .

(4)' (a) Each electorr may vote for his partycommitteeman by voting for one of the nameson the ballot . No write-in vote or sticker appliedfor the office of party committeeman shall becounted .

(b) The results shall be returned as are otherresults of the September primary, but no write-in votes or stickers shall be counted .. In countiesover 500,000 population, whenever 2 or morecandidates for party committeeman receive anequal number of votes, the ward official shall re-turn the results and the county board of electioncommissioners shall break the tie during its can-vass of the votes. Other ties forward ' commit-teeman shall be determined by drawing lots atthe ward where the tie occurs . .

(c) The term of office of each committeemanelected shall be for 2 years .

(5) (a) The county committee of each ~politi=cal party shall consist of the duly elected or ap-pointed committeemen residing in the county.

8.17 NOMINATIONS, . PR IMARIES, ELECTIONS 180

8 .175 Regular political party committees .(1) The secretary of the state committee ofeach recognized political party under s . 5 .62(1) (b) or (2) shall notify the board in writingof the name and address of the person occupyingthe position of state chairman, The secretary ofeach county committee of such a party shall no-tify the county clerk in writing of the name andaddress of the person occupying the position ofcounty chairman .

(2) Within 10 days following any change inthe position of state or county chairman, a sub-sequent written notice shall be filed .

(3) In the event of failure to file the name ofa current county chairman, it is presumed thatno organized political party committee exists inthe county . In such case, the state party is enti-tled to fill any vacancy occurring on the partyballot under s . 7 .. .38'(3) and nomination of elec-tion officials shall proceed as under s . 7,30 (4)(c)

(4) In the event of failure to file the name ofa current state chairman, the board shall notrecognize the state committee for the purpose offilling vacancies under s . 7 .38 (3) .His tory: 1975 c. . 93, 200 ;.1977 c . 427

8 .18 Nomination of presidential electors .(1) Candidates for the senate and assemblynominated by each political party at the pri-mary, the state officers and the holdover statesenators of each political party shall meet in thestate capitol at 10 am . on the first Tuesday inOctober of each year in which there is a presi-dential election.

(2) The purpose of the convention is to nom-inate one presidential elector from each con-gressional district and 2 electors from the stateat large, The names of the nominees shall becertified immediately by the chairman of thestate committee of each party to the chairmanof the elections board.History: 1973 c.. 334; 1975 c . 93 ; 1977 c. . 42'7 . .

8:185 . Write-in candidates forr presidentand vice president. (1) The names of candi-dates for president and vice president may bewritten in, in the place provided, on the generalballot at the general election for choosing the

8 .19 Party name. (1) The state committeeof any party polling less than 75,000 presiden-tial votes in this state in the last election maychange the name of the party . The new namemay not duplicate that of an existing national

(b) Membership of committees under par .(a) shall consist of all duly elected or appointedcommitteemen residing in the subdivision or,district, exceptt that in congressional districtsand legislative districts consisting of more thanone county, the membership shall consist of themembers of the congressional district commit-tee elected under sub. (5)(c) ..

History : 1971 c. . 304 s , 29 (1), (2) ; 1971 c 336 ; 1973 c .3344

president and vice president of the UnitedStates . Write-in votes shall be listed as scatter-ing unless the person whose name is written inhas a list of presidential electors on filewith theboardd in accordance with this section or unlessthe person whose name is written in has receivedmore than 10% of the total vote cast in theward, or in the municipality if not divided intowards,

(2) Any candidate for the office of presidentor vice president of the United States as a write-in candidate shall file a list of presidential elec-tors and a declaration that he will qualify for theoffice , if elected, with the board no later than4 : .30 p.m. on the 2nd Tuesday preceding the dayof the general election to choose the presidentand vice president of the United States . The listshall contain one president ial elector from eachcongressional district and 2 electors from thestate at large and the names of the candidatesfor president and vice president for whom theyintend to vote, if elected . Each person who islisted as an elector shall file a declaration of ac-ceptance of his nomination as an elector statingthat he willl qualify for the office, if elected .Such declaration shall be filed with the board nolater than 4:30 p .m ,, on the 2nd Tuesday preced-ing the day of the general election to choose thepresident and the vice president of the UnitedStates . Compliance with this subsection may bewaived by the board but only if the results of thegeneral election indicate that write-in candidatefor the office of .president is eligible to receivethe electoral votes of this state except for non-compliance with this subsection . . In such event,the write-in candidate and his named presiden-tial electors shall have until 4 :30 p .m . on the Fri-day following the general election to complywith the filing requirements of this subsection.

(3) If more than one list of presidential elec-tors is filed with the board by any write-in can-didates for the offices of president and vice pres-ident of the United States, the first list filedshall be considered the valid list, provided thatthis list meets the additional requirements ofthis section .

(4) Any failure by a voter to writee in thename of a candidate for the office of vice presi-dent of the United States on the general ballotshall not invalidate the vote for any candidatewhose name is written in for the office of presi-dent of the United States .

History: 197 1 c. . .304 s . 29 (2); 1973 c. .334 s. . 57; 1977 c .427 . .

NOMINATIONS, PRIMARIES, ELECTIO NS 8.25181

party. A certificate of approval by the party'snational committee which has been certified bythe national committee secretary, the state com-mittee chairman and the state committee secre-tary shall be filed with the board .

(2) The new name shall take effect upon cer-tification .

(3) Every political party entitled, under s . .5 .62, to have its candidates on the Septemberprimaryy and general election ballots has exclu-sive right to the use of the name designating it atany election involving political parties. Theboard shall not certify nor the county clerk printthe name of any person whose nomination pa••pegs indicate a party name comprising a combi-nation of existing party names, qualifyingwords, phrases, prefixes or suffixes in connec-tion with any existing party name .

History: 1973 c .. 334 s . 57 ; 1975 c . . 9.3 .,

8 .20 Nomination of independent candi-dates. (1) Independent nominations may bemade for any office to be voted for at any gen-eral or partisan special "election .

(2) (a) Nomination is by nomination pa-pers. The nomination paper forms shall containthe candidate's name in any combination-of ini-tials for the first and middle names, plus the lastname, but no nicknames, abbreviations or titles ;the officee for which he is nominated ; his resi-dence and post-office address ; and the party orprinciple he represents, if any, in 5 words or less .In the case of candidates for the offices of gover-nor and lieutenant governor, the nomination pa-per forms shall so contain both candidates'names; the office for which each is nominated ;the residence and post-office address of each ;and the party they represent, if any, in 5 wordsor less .

(b) Nomination papers for presidential elec-tors shall listt one presidential elector from eachcongressional district and 2 electors from thestate at large for electors and the candidates forpresident and vice president for whom they in-tend to vote, if elected.

(3) The affidavit of an elector under s . 8 .15(4) (a) shall be appended to each nominationpaper . .

(4) The number of required signatures onnomination papers for independent candidatesshall be the same as the number' specified in s ..8 .15 (6) . For independent presidential electorsintending to vote for the same candidates ,forpresident and vice president, the number of re-quired signatures shall be not less than . 2,000nor more than 4,000 electors .

(5) Only one signature per person for thesame office is valid . In addition to his signature,each signer shall list his residence, including : the

8.25 General elections . (1) PRESIDENTIALELECTORS . By general ballot at the general elec-tion for choosing the president and vice presi-dent of the United States there shall be electedas many electors of president and vice presidentas this state is entitled to elect senators and rep-resentatives in congress . A vote for the presi-dent and vice president nominations of anypartyy is a vote for the electorss of the nominees .

(2) UNITED STATES SENATOR. One senatorto serve in the United States congress shall bechosen at the general election in 1962 and every6 years thereafter and another in .19644 andevery 6 years thereafter..

(3) REPRESENTATIVE IN CONGRES S. Onerepresentative to serve in the United States con-gress shall be chosen from each congressionaldistrict at the general electionheld in each even-numbered year.

(4) CONSIi TU!IIONAL OFFICERS ; TERMS. (a)A governor, lieutenant governor, secretary ofstate, treasurer and an attorney general shalll be

street and number, if any, and the date of sign-ing , Signers of each separate nominationn papershall reside in the same county and in the dis-trict which the candidate named therein willrepresent, if elected .

(6) Each candidate shall file with his o r hernomination papers a sworn declaration in themanner prescribed in s . 8 .15 (4) (b) that thecandidate will qualify for the office, if elected .

(7) Nomination papers shall be filed in theoffi ce of' the board for all statewide offices, rep-resentatives in congress, member's of the senateand assemblyy and any districts or divisions in-cluding more than one county ; or , in the officeof county clerk for all other offices for only onecounty .

(8) (a) Nominat i on papers for independentcandidates for any office to be voted upon at ageneral election or September primary and gen-e ral election may be circulated no sooner thanJune 1 preceding the electionand shall be filednot later than 5 p.m . on the 2nd Tuesday in July .

(b) Nomination papers for independent can-didates for any office to be voted upon at a par-tisan special election shall be c irculatedd andfiled as provided in s . 5 . 50 (3) (a) .

(9) Persons nominated by nomination pa-pers without party designation shall be placedon the official ballot at the September primarywhen required, at the general election and atany partisan election to the right or below theparty candidates in their own column desig-nated "Independent" .. If the candidate's namealready appears under a party it shall not :belisted again .

History: 1971 c . 242, .304; - 197 .3 c 334 s . 57 ; 1975 c . .369;1977 c 107, 287, 427 .. . .

8.25 NOMINATIONS, PR IMARIES, ELECTIONS 182

failure to file such declaration or statement, theeofficial or agency with whom such papers arefiled may refuse to place the candidate 's nameon the ballot. If the ballots have been printed,the committees or body f illing the vacancy shallsupply pasters as under s . 7.38 (3) (c) .

(3) Whenever a nominee dies after the bal-lots are printed, and no nomination is madeunder' this section, the votes cast for the de-ceased shall be counted and returned , If he re-ceives a majority, the vacancy shall be filled asin the case of a vacancy occurring by death afterelection.

(4) (a) When a candidate is appointed to filla vacancy under this section , the funds remain-ing in the former candidate ' s depository afterpayment of the former candidate's lawful cam-paign debts, i f any, shall be : a) donated to theformer' candidate's local or state political partyif he or she was a partisan candidate or, donatedto the charitable organization of his or herchoice or the charitable organization chosen byhis or her next of kin if the former- candidate isdeceased, or if no choice is made returned to thedonors on a pro rata basis; or b) if he or she wasa nonpartisan candidate, donated to the charita-ble organization of his or her choice or the char-itable organization chosenn by the former candi-date's next of kin if he or she is deceased ; or c) ifno choice is made, returned to the donors on apro rata basis, with contributions which cannotbe identified donated in accordance with a) orb) . ` A petitionerr or personal representative maymake the choice under a) or b) where c) ap-plies .

(b) Notwithstandingg par . (a), any unspentand unencumbered moneys received by a candi-date from the Wisconsin election campaignfund shalll bee immediately transferred to anycandidate who is appointed to replace such can-didate, upon filing of a proper application there-for under s . 11 . 50 (2) . If there is no candidateappointed or if no proper application is filedwithin 7 dayss of the date on which the vacancyoccurs, such moneys shall revert to the state asprovided in s . 11 . 50 (8) .

(c) The transfer shall be reported to the ap •,propriate filing officer in a special report sub-mitted by the former candidate 's campaigntreasurer . If the former candidate is deceasedand was serving as his or~ her own campaigntreasurer, the former candidate's petitioner orpersonal representative shall file the report andmake the transfer required by pa r. (b), if any .The report shall include a complete statement ofall contributions, disbursements and incurredobligations pursuant to s . 11 .06 (1) coveringthe period from the day after the last date cov-ered on the former candidate ' s most recent re-port to the date of disposition.

8 .35 Vacancies after nomination. (1) Anyperson who files nomination papers and a decla-ration of acceptance may not decline nomina-tion . The name of such candidate shall appearupon the ballot except in case of death of theperson. A' candidate who is nominated by write-in votes is deemed to declinee nomination if he orshe `fails to file a'declaration of acceptancewithin the time prescribed under s . 8 .16 (2) .

(2) If a vacancy occurs after nomination dueto death of a candidate, the vacancy may befilled for partisan offices by the chairman of thecommittee of the proper political party under s .7.38 (3) ; or the personal campaign committee,if any, in the case of independent candidates, ex-cept as provided in s. 8 .17 (5) (g) . Similar va-cancies for municipal and nonpartisan countyoffices may be filled within 2 days by the per-sonal campaign committee or, if the candidatehad none, by the governing body of the munici-pality or county. Within 2 days after notifica-tion of the nomination, the new nominee shallfile a declaration of acceptance and registrationstatement under s. 11 :05 (2g) or (2r) . Upon

elected at the general election in 1970 and qua-drenni ally thereafter. A state superintendentshall be elected on the first Tuesday in April1917 and quadrennially thereafter ..

(b) The regular full term of office of thestate superintendent commences on the firstMonday of July, and the regular full term ofeach other' officer enumerated in par . (a) com-mences on the first Monday of January, nextsucceeding his election

8 .30 Candidates Ineligible for ballotplacement. The official or agency with whomnomination papers are required to be filed mayrefuse to place the candidate's name on the bal-lot :

(1) If the nomination paperss are not pre-pared, signed and executed, as required underthis chapter;

(2) If it conclusively appears, either on theface of the nomination papers offered for filing,or by admission of the candidate or otherwise,that the candidate is ineligible to be nominatedor elected ;

(3) If elected the candidate could not qualifyfor the office sought within the time allowed bylaww for qualification because of age, residenceor other impediment .

(4) If no registration statement has beenfiled by or on behalf of a candidate in accon•dance with s . 11 .05 (2g) or (2r), in the case ofcandidates for state and local office .

Hi story: 1975 a, 93 .See note to 8.10, citing State ex rel. Ahlgrimm v. State

Elections Bd. 82 W (2d) 585, 263 NW (2d) 152,

NOMINATIONS, PRIMARIES, ELECTIO NS 8.50183

county, the board shall givee notice as soon aspossible to the county clerks and publishh one no-tice „ Upon receipt of notice from the board , orwhen the special election is for a count y office,the county clerk shall give notice as soon as pos-sible to all municipal clerks and publish 2 no-tices „ The notices shall include the provisions ofpar .. (c) and be a type A notice under ch. 10 insubstantially the form prescribed by the board .

(c) The order and notice shall specify the of-fice to be filled , the name of the off icer, beforethe vacancy , how the vacancy occurred, the ex-piration -date of the remaining term of office,the date of the election, the earliest date for cir -culating and deadline for, filing nomination pa-pers, and the area involved in the election .

(d) When the election concerns a state officeunder par. (b) or an office to be filled from adistrict which includes more than one county,the board shall transmi t to each county cle rk atleast 15 days before the special primary a certi-fied list of all persons for, whom nomination pa-pers have been filed in its office . . If no primaryis required, the list shall be transmitted at least42 days prior to the day of the election . Imme-diately upon receipt of the certified list , thecounty clerk shall prepare his or her ballots . Fora county special election, the county clerk shallcertify the candidates and prepare the ballots .If there is a primary, the county clerk shall pub-lish 2 type. B notices in a newspaper under ch ,10. When a primary is held, as soon as possibleafter the primary, the county clerk shall certifythe candidates and prepare the ballots for thefollowing special election . The clerk shall pub-lish 2 type B notices in a newspaper under ch . 10for the election„

(2) DATE OF SPECIAL ELECTION (a) Thedate for, the special election shall be not lessthan 55 nor more than 70 days from the date ofthe order except when the special election isheld on the day of the general election and ex-cept when the special election is held pursuantto ss. 60.175 (7) , 61 .46 (3) (g), 62,12 (4m)(g) , 65 . 07 (2) (g), 70,62 (4) (g) and 121 . . 93 ,.

(b) If a primary is required , the primaryshall be on the day 4 weeks before the day of thespecial election except when the special electionis held on the same day as the general electionthee special primary shall be held on the sameday as the September primary or if the specialelection is held concurrently with the springelection, the primary shall be held concurrentlywith the springg primary . Notwithstanding par .(a), if a special election is held concurrentlywith the spring election , the date for the specialelection shall be not less than 107 nor more than122 days from the date of the order . .

(3) NOMINATION AND PRIMARY . . (a) Nomi-nation papers shall be circulated no sooner than

8.50 Special elections . Unless otherwiseprovided, this section applies to filling vacanciesin the U .S. senate and house of representatives,executive, Judicial and legislative state officesand county offices and in school boards ofschool districts organized under ch . 119 . In ad-dition to filling vacancies in public office by ap-pointment, vacancies may be filled by electionunder this section, but no special election maybe held after February 1 preceding the, springelection unless it is held on the same day as thespring election, nor : after. September 1 precedingthe general election unless it is held on the samedayy as the general` election, until the day afterthat election . If the special election is held onthe day of the general election, the primary forthe special election, if any, shall beheld on theday of the September primary . If the specialelection is held on the day of the spring election,the primary for the special election, if any, shallbe held on the day of thee spring primary.NOTE: Sect ion 8. 50 (intr o)) is printed as affected b y chap -

ters 26, 42 7 a nd 445 , laws of 1977, under au thority of 1 3.93(2) (s) .'

(1) SPEC IAL ELECTION ORDER AND NOTICES .(a) When there is to be a special election, thespecial election for governor shall : be ordered bythe attorney general ; the special election forcounty clerk shalll be ordered by the sheriff ; thespecial election for any other county office shallbe ordered by the county clerk except as .pro-vided in s . : :17.21 (5); the special election for,school board member in a school district organ-ized under ch. 119 shall be ordered by the schoolboard ; and all other special elections shall be or-dered by the governor . When the governor or at-torney general issue the order, it shall be filedand recorded in the office of the board . . . Whenthe countyy clerk or sheriff issue the order, itshall be filed and recorded in the office of thecounty clerk . When the school board of a schooldistrict organized under ch. 1 .19 issues the or-der-, it shall be filed and recorded in the office ofthe city board of election commissioners .

(b) Notice of any special election shalll begiven upon the filing of the order under par. . (a)by publication in a newspaper under ch . 985 . . . Ifthe special election concerns any state office asdefined in s . 11 .01 (20) or an office to be filledfrom a district which includes more than one

(d) The newly appointed candidate shall filehis ocher report at the next appropriate intervalunder s . 11 . 20 (,3) after his or her appointment .The appointed candidate shall include anytransferred funds in his or her first report .

(e) Any person who violates this subsectionmay be punished as provided under s,. 11 .60 or11 „6L

History : 1973 c 334; 197 5 c . 93 ; 1977 c. 107, .340.. .

8.50 NOMINATIONS, PR IMARIES, ELECTIONS 184

the day the order for the special election is filedand shall be filed not later than 5 p .m . 21 daysbefore the day that the special primary will orwould be held, if ' requiced except when a specialelection is held concurrently with the springelection, nomination papers shall be filed nolater than the date provided in s . . 8 .10 (2),

(b) Except as otherwise provided in this sec-tion, the provisions for September primariesunder s . 8 .15 are applicable to all primaries heldunder this section . Independent candidates forstate office at a special partisan election shallnot appear on the primary ballot .. No primary isrequired for a nonpartisan election in which notmore than 2 candidates appear on the ballot orfor a partisan election in which not more thanone candidate appears on the ballot of each rec-ognized political party .. In every special elec-tion, a space for write-in votes shall be providedon the ballot, regardless of whether a specialprimary is held .

( 4) REGULATIONS ON SPECIAL ELECTIONS .(a) A vacancy in the office of United Statessenator shall be filled under s . 17 .18(2) .

(b) A vacancy in the office of representativein cong ress occurring within 60 days of the 2ndTuesday in July:: preceding a general electionshalll be filled at the September primary andgeneral election . Any vacancy occurring beforeor after that period prior to a general electionmay be filled at a special primary and election ,If no special primary and election is held the va-cancy shall be filled at the next general election,

(d) A vacancy in the office of secreta ry ofstate, state treasurer, attorney general or, statesuperintendent, occurring more than 6 monthsbefore the expiration of the current term, maybe filled at a special election .

(e) Any vacancy in the office of state senator'or representative to the assembly occurringbefore the 2nd Tuesday in May in the year inwhich a regular election is held to fill that seatshall be filled as promptly as possible by specialelection . However, any vacancy in the office ofstate senator or representative to the assemblyoccurring after the close of the last regularfloorperiod of the legislature held du ring his orher ` term shall be filled only if a special sessionor extraordinary floorperiod of the legislature is

called or a veto review period is scheduled dur-ing the remainder of ' the term . The special elec-tion to fill the vacancy shall be ordered, if possi-ble, so the new member may participate in thespecial session or floorperiod .

(f) A vacancy in the office of , judge or justiceoccurring on or before December 12 , shall befilled, if in the office of circuit judge, at the suc-ceeding spring election; if in the office of cou r tof appeals judge, at the first spring electionwhen no other court of appeals judge is to . beelected from the samee court of appeals district ;or, if in the office of justice, at the first springelection when no other justice is to be elected , Avacancy in the office of circuit judge occurringafter December 12 shall be filled at the springelection the next year ; in the office of courtt ofappeals `judge, at the first spring election, begin-ning with fhesprspring election the next ,year' , whenno other court of appeals judge is to be electedfrom the same court of appeals district ; or in theoffice of justice, at the first spring election, be-ginnngg with .h the springg election the next year,when no other ,justice is to be elected „

(g) If through neglect or failure, an electedofficer who should have been chosen at thespring or, general election is not chosen at thatelection, a special election may be held to fill thevacancy; but no special election may be held forany school or county officer after the time whenthe officer's term would have commenced hadsuch person been elected at the properr spring orgeneral election, and no election may be held tofill a vacancy in the office of justice or judge ex-cept as authorized in par , (f) .

(h) Whenever the right to of'f 'ice of any per-son listed in par ., (g) ceases before the com-mencement of the term of office to whichelected, a special election may be held to fill thevacancy .

(i) When the governor so directs, a specialelection shall be held to fill any vacancy not pro-vided for in this section . This paragraph doesnot apply to ,judicial offices .

(5) CAMPAIGN FINANCE LAWS . All laws andrules adopted pursuant to ch. 11 governing cam-paign finance and reporting, including all dead-lines for, filing reports andd statements, are appli-cable to special elections, except as otherwisespecifically provided . .

History: 1971 c. 1, 40; 197 3 c. 334 ss. 22, 57 ; 19 73 c 336;197 5 c . 80, 93, 199, 369; 1977 c: 26,107, 187, 340, 427, 445,447,449 .