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WI SB34

WI SB34
Withdrawal of candidacy for certain offices filled at the general election and providing a penalty. (FE)


summary

Introduced
02/12/2025
In Committee
10/10/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025-2026 Regular Session

Bill Summary

Current law provides that any person seeking an elective office who files nomination papers and qualifies to appear on the ballot may not decline nomination. The person[s name must appear on the ballot except in the case of death. Under this bill, a person who files nomination papers with the Elections Commission for an office to be filled at the general election nevertheless does not qualify to appear on the ballot at the partisan primary or general election, and the person[s name is prohibited from appearing on the ballot, if before the last day provided in current law for the Elections Commission to certify candidates[ names to the counties for the partisan primary or general election, the person files a sworn statement with the commission attesting that the person withdraws his or her candidacy. Under current law, independent candidates for president and vice president and candidates for the U.S. Senate and House of Representatives, the state senate and assembly, governor and lieutenant governor, secretary of state, state treasurer, and district attorney file such nomination papers with the commission. The bill includes all of those offices except district attorney. The bill also requires the Elections Commission to establish and implement a process by LRB-1342/1 MPG:klm 2025 - 2026 Legislature SENATE BILL 34 which the commission verifies the authenticity of such sworn statements filed with the commission. The bill additionally requires that a person withdrawing his or her candidacy for for national or statewide office pay a fee of $1,000 to the Elections Commission. A person withdrawing his or her candidacy for an office that is not elected statewide must pay a fee of $250 to the commission. Under the bill, a person who intentionally makes or files a false statement withdrawing a person[s candidacy is guilty of a Class G felony, the penalty for which is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill introduces new provisions for candidates seeking elective offices in Wisconsin that allow them to withdraw their candidacy under specific conditions. Currently, candidates who file nomination papers and qualify for the ballot cannot decline nomination, but this bill creates a process where candidates can withdraw before certain key dates by filing a sworn statement with the Elections Commission. Candidates must pay a withdrawal fee ($1,000 for national or statewide offices, $250 for other offices) and submit an official form attesting to their withdrawal. The bill applies to most statewide and federal offices, excluding district attorney positions. The Elections Commission must establish a method to verify the authenticity of these withdrawal statements. Importantly, the bill includes a significant criminal penalty for those who intentionally file false withdrawal statements, classifying such an act as a Class G felony, which can result in a fine up to $25,000, imprisonment up to 10 years, or both. This legislation aims to provide candidates with more flexibility in their electoral participation while establishing clear guidelines and deterrents against fraudulent withdrawal claims.

Committee Categories

Government Affairs

Sponsors (19)

Last Action

Available for scheduling (on 10/10/2025)

bill text


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