Elections

League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

600. Briefly summarizes state statutes which assign responsibility for election costs. See secs. 5.68 and 7.03, Wis. Stats. 5/31/99.

601. Summarizes statutes (or more accurately the lack of them) relating to write-in candidates for local elective offices. 2/29/00.

602. Direct legislation resolution imposing spending cap on proposed city/county building project is either administrative action or amendment of existing legislation and therefore invalid use of direct legislation. Opinion briefly discusses administrative-legislative distinction and test for determining whether direct legislation constitutes amendment of existing legislation. 2/28/01.

603. Where a proposed direct legislation ordinance that imposes a mandatory requirement for a binding referendum prior to the start of any physical construction of any municipally financed project requiring a capital expenditure of one million dollars or more is not shown to repeal an existing ordinance or resolution, such ordinance is a permissible subject for direct legislation under sec. 9.20, Stats., since it is legislative and not administrative, does not conflict with the statutory requirements of secs. 62.15(1), 62.15(1b) or 67.05(1) and does not seek to exercise a power not conferred on a municipality. Mount Horeb Community Alert v. Village Board of Mt. Horeb, No. 01-2217 (Ct. App. Feb. 28, 2002) (recommended for publication). 2/28/02.

604. Direct legislation proposal directing village board to construct new village hall and public works facility in specific village park is not a proper subject for direct legislation since proposal: (1) is administrative not legislative in light of its temporary effect and relation to special matter, failure to create new plan or policy, usurpation of function of administrative agency and attempt to exercise recognized administrative function; (2) is attempt to repeal existing resolution that provides for opposite and irreconcilable action; (3) attempts to exercise power to relieve village from donation or dedication condition in manner not vested in village board; and (4) will circumvent statutory procedures for review of public building location by plan commission and obtaining relief from donation or dedication condition by village board. 6/30/03.

605. Summarizes the procedure set forth in Wis. Stat. sec. 9.10 authorizing electors to petition for recall of local official. 1/31/04.

605R1. Summarizes how local officials can be recalled by electors under Wis. Stat. sec. 9.10. 12/31/12.

606. Comment surveys First Amendment principles regarding; (1) disparate treatment of commercial and noncommercial speech; (2) content-neutral versus content-based speech regulation; (3) the Doctrine of Prior Restraint and; (4) the Public Forum Doctrine and highlights application of these principles by the Supreme Court and other federal courts to a variety of political sign regulations. 8/31/04.