Attorney General Opinion on Recall of Governor and Lt. Governor

Attorney General J.B. Van Hollen issued Opinion 4-11 on November 3, 2011, regarding whether, in a recall election for governor, there must be an election of governor and lieutenant governor jointly under article V, section 3 of the Wisconsin Constitution, regardless of whether there has been a recall petition for the lieutenant governor under article XIII, section 12 of the Wisconsin Constitution.

El. Bd. Op. 2007-01

The Elections Board finds that the solicitation of signatures, on a petition that is not related to the election at hand, without any attempt to influence that day’s vote of the voter solicited, is not, per se, “electioneering” within the meaning of §12.03, Stats., and, therefore, not a violation of that statute.

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on June 9, 2008.

El. Bd. Op. 2005-01

A vacancy in the office of municipal judge, caused by the creation of that office by a municipality, is filled on a temporary basis by appointment and on a permanent basis by election at the next spring election following the effective date of the office, if the office takes effect before December 1 and at the spring election following the next spring election if the office takes effect after December 1. (Issued to John Voelker, April 22, 2005)

El. Bd. Op. 1995-01

A vacancy on the Milwaukee Board of Election Commissioners is filled by appointment from a list of nominees submitted by the political party of whom the vacating member was a representative. (Issued to Mark E. Sostarich, May 22, 1995)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on December 17, 2008.

El. Bd. Op. 1994-01

A municipality using lever voting machines for an election that includes county, state or national offices or county or state referenda may collect, from the county, a proportionate share of the cost of preparing the ballot for those machines and for the cost of supplies, notices or other materials necessary in preparing or conducting the election, but is not entitled to reimbursement, from the county or state, for a share of the cost of technicians, messengers, tabulators or canvassers employed in that election unless the decision to employ was made by the county or state.

El. Bd. Op. 1989-02

A vacancy on a school board caused by a resignation after a recall petition has been filed with the school district clerk is filled by recall election and may not be filled by appointment by the school board.

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on December 17, 2008.

El. Bd. Op. 1988-02

An absentee ballot application should not be denied where it can be reasonably determined from the written information provided that an elector is qualified to vote absentee. (Issued to Mr. Gail Procarione, May 25, 1988)

El. Bd. Op. 1988-01

A recognized political party which does not run a candidate for president or whose candidate does not receive one percent of the state presidential vote at the presidential general election does not lose its ballot status. Ballot status of recognized political parties is determined by the ability of the party candidates to establish a minimum level of support by obtaining at least one percent of the vote for any statewide office at a gubernatorial general election. (Issued to Dennis Boyer, Esq., March 9, 1988)

El. Bd. Op. 1986-02

JOINT NOMINATION PAPERS: the Elections Board will not accept as valid nomination papers that list on one nomination paper the names of all candidates of the same party seeking state office and will not accept party certifications of the names of persons nominated at the party's convention for state office. §§8.l5(1) and (3), Stats. (Issued to Mr. Dennis Boyer, April 30, 1986.)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on February 25, 2008.