Recall of elective officers. SECTION 12. [As created Nov.
1926 and amended April 1981] The qualified electors of the
state, of any congressional, judicial or legislative district or of
any county may petition for the recall of any incumbent elective
officer after the first year of the term for which the incumbent
was elected, by filing a petition with the filing officer with whom
the nomination petition to the office in the primary is filed,
demanding the recall of the incumbent.
(1) The recall petition shall be signed by electors equalling
at least twenty−five percent of the vote cast for the office of governor
at the last preceding election, in the state, county or district
which the incumbent represents.
(2) The filing officer with whom the recall petition is filed
shall call a recall election for the Tuesday of the 6th week after
the date of filing the petition or, if that Tuesday is a legal holiday,
on the first day after that Tuesday which is not a legal holiday.
(3) The incumbent shall continue to perform the duties of the
office until the recall election results are officially declared.
(4) Unless the incumbent declines within 10 days after the
filing of the petition, the incumbent shall without filing be
deemed to have filed for the recall election. Other candidates
may file for the office in the manner provided by law for special
elections. For the purpose of conducting elections under this
section:
(a) When more than 2 persons compete for a nonpartisan
office, a recall primary shall be held. The 2 persons receiving
the highest number of votes in the recall primary shall be the 2
candidates in the recall election, except that if any candidate
receives a majority of the total number of votes cast in the recall
primary, that candidate shall assume the office for the remainder
of the term and a recall election shall not be held.
(b) For any partisan office, a recall primary shall be held for
each political party which is by law entitled to a separate ballot
and from which more than one candidate competes for the
party’s nomination in the recall election. The person receiving
the highest number of votes in the recall primary for each political
party shall be that party’s candidate in the recall election.
Independent candidates and candidates representing political
parties not entitled by law to a separate ballot shall be shown on
the ballot for the recall election only.
(c) When a recall primary is required, the date specified
under sub. (2) shall be the date of the recall primary and the recall
election shall be held on the Tuesday of the 4th week after the
recall primary or, if that Tuesday is a legal holiday, on the first
day after that Tuesday which is not a legal holiday.
(5) The person who receives the highest number of votes in
the recall election shall be elected for the remainder of the term.
(6) After one such petition and recall election, no further
recall petition shall be filed against the same officer during the
term for which he was elected.
(7) This section shall be self−executing and mandatory.
Laws may be enacted to facilitate its operation but no law shall
be enacted to hamper, restrict or impair the right of recall.