AB 35 — Relating to: withdrawal of candidacy for certain offices filled at the general election and providing a penalty. (FE)
Last action — Published 11-1-2025
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill has been sent to the executive. Introduced February 17, 2025. It awaits signature.
Next likely step: the executive signs it into law or issues a veto.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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To Executive
Current position in the legislative process.
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19 sponsors
1 primary, 18 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (18 R).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
An Act to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes;
Bill Text
What changed in the latest version
75 added · 56 removedPlain-language change summary
The amendment to Assembly Bill 35 introduces a clearer process for candidates who wish to withdraw their candidacy for certain offices. Specifically, it sets a deadline that candidates must adhere to in order to successfully withdraw, changes the penalties for failing to follow the rules, and modifies fees associated with the withdrawal process. These changes aim to ensure better organization of election processes and hold candidates accountable for their nominations, which ultimately helps maintain the integrity of elections.
CORRECTED COPY - 2026 LEGISLATURE LRBa0011/1LRB-0045/1 MPG:cdcMPG:klm ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 35 AprilFebruary 15,17, 2025 - OfferedIntroduced by RepresentaTEFFEN.RepresentativesTEFFEN , ARMSTRONG , BRILL, BROOKS , DITTRICH, GREEN, GUNDRUM , HURD , KITCHENS, KNODL , KREIBICH, M URPHY, M URSAU , NEDWESKI , O'CONNOR , PIWOWARCZYK , SORTWELL and TUSLER , cosponsored by Senator W ANGGAARD .
AtReferred theto locationsCommittee indicated,on amendCampaigns theand billElections. as follows:
A N A CT to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes;
relating to:
withdrawal of candidacy for certain offices filled at the general election and providing a penalty.
Analysis by the Legislative Reference Bureau 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, attorney general, 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 - 2026 Legislature - 2 - LRB-0045/1 MPG:klm ASSEMBLY BILL 35 S ECTION 1 process by 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
8.35 (1m) of the statutes is created to read:
8.35 (1m) (a) A person who files nomination papers with the commission for an office other than district attorney to be filled at the general election does not qualify under sub.
(1) to appear on the ballot at the partisan primary or general election, and the person’s name shall not appear on the ballot, if, before the June 10 preceding the partisan primary or before the 4th Tuesday in August preceding the general election, the person does all of the following:
PageFiles 2,a linesworn 5:statement with the commission on a form prescribed by the commission attesting that the person withdraws his or her candidacy.
after Xif,Y insert Xno later than the 7th business dayY.
PagePays 2,a linefee 6:of $1,000 to the commission if the person is a candidate for national or statewide office.
after XorY insert Xno later than the 7th business dayY.
PagePays 2,a linefee 8:of $250 to the commission if the person is a candidate for an office not elected statewide.
delete- lines2026 8Legislature and- 93 - LRB-0045/1 MPG:klm ASSEMBLY BILL 35 S ECTION 1 (b) The commission shall establish and substitute:implement a process by which the commission verifies the authenticity of sworn statements filed with the commission under par.
X1.(a) 1.
FilesSECTION with2. the commission the sworn statement and identity verification required under par.
(b).Y.12.13 (3) (ag) of the statutes is created to read:
4.12.13 (3) (ag) Intentionally make or file a false statement withdrawing a person’s candidacy under s.
Page8.35 2,(1m) line(a) 10:1.
deleteSECTION X$1,000Y3. and substitute X$2,500Y.
5.12.60 (1) (am) of the statutes is created to read:
Page12.60 2,(1) line(am) 11:Whoever violates s.
delete12.13 that(3) line(ag) andis substituteguilty Xgovernor, lieutenant governor, secretary of state,a stateClass treasurer,G attorneyfelony. general, U.S.
senator,END or,) with respect to the general election, president and vice president of the United States.Y.
6.
Page 2, line 12:
Show all 69 changed lines (29 more)
delete the material beginning with X$250Y and ending with - 2026 Legislature - 2 - LRBa0011/1 MPG:cdc XstatewideY on line 13, and substitute X$500 to the commission if the person is a candidate for U.S.
representative in congressY.
7.
Page 3, line 1:
delete lines 1 to 3 and substitute:
X4.
Pays a fee of $250 to the commission if the person is a candidate for state senate or representative to the assembly.
(b) 1.
Each person withdrawing his or her candidacy under par.
(a) shall complete and file with the commission a sworn statement, which shall be notarized and made under oath, on a form prescribed by the commission attesting that the person withdraws his or her candidacy and that verifies the person[s identity, as provided in this paragraph.
The form shall include a space for the candidate to state his or her reasons for withdrawing from candidacy, the date of completion of the form, the candidate[s printed name, the candidate[s signature, and the signature of the witness under subd.
2.
2.
The candidate[s completion of the form required under subd.
1.
shall be personally witnessed by a county clerk, county sheriff, or municipal chief of police in this state, who shall verify the candidate[s identity by means of an operator[s license issued under ch.
343, an identification card issued under s.
343.50, an identification card issued by a U.S.
uniformed service, or a U.S.
passport, except that the identify of a candidate for president or vice president who is not a resident of this state may be verified by means of a driver's license or identification card issued by the candidate[s state of residence in lieu of such license or identification issued by this state.
A copy of the candidate[s license, identification, or passport shall be submitted to the commission with the form required under subd.
1.
(c) A candidate[s withdrawal of his or her candidacy prior to the partisan - 2026 Legislature - 3 - LRBa0011/1 MPG:cdc primary or general election shall not alter the ballot order of the remaining candidates if upon the candidate[s compliance with pars.
(a) and (b) the commission has already determined the ballot arrangement for the partisan primary or general election.
(d) No later than the 5th business day before the June 10 preceding the partisan primary or before the 4th Tuesday in August preceding the general election, the commission shall notify the county clerk in each affected county of any person who has withdrawn his or her candidacy by complying with pars.
(a) and (b).
(e) A presidential candidate[s withdrawal of his or her candidacy under pars.
(a) and (b) constitutes a withdrawal of that candidate[s joint ticket for president and vice president of the United States.Y.
(END )
Show all 69 changed rows (29 more)
View plain text versions (2)
- Bill Text View text pdf
- Amended Assembly Amendment 1 Current pdf
Action History
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Published 11-1-2025
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Report approved by the Governor on 10-31-2025. 2025 Wisconsin Act 43
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Presented to the Governor on 10-29-2025
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Report correctly enrolled on 10-20-2025
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LRB correction (Assembly Amendment 1)
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Received from Senate concurred in
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Ordered immediately messaged
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Read a third time and concurred in, Ayes 19, Noes 14
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Rules suspended to give bill its third reading
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Ordered to a third reading
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Senate Amendment 1 rejected, Ayes 18, Noes 15
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Read a second time
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Senate Amendment 1 offered by Senators Larson, Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Pfaff, Ratcliff, Roys, Smith, Spreitzer, Wall and Wirch
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Placed on calendar 10-14-2025 pursuant to Senate Rule 18(1)
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Available for scheduling
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Report concurrence recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2
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Executive action taken
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Public hearing held
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Read first time and referred to committee on Licensing, Regulatory Reform, State and Federal Affairs
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Received from Assembly
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Ordered immediately messaged
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Read a third time and passed
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Rules suspended
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Ordered to a third reading
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Assembly Amendment 1 adopted
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Read a second time
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Withdrawn from Committee on Rules and referred to calendar of 6-24-2025
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Referred to committee on Rules
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Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 6, Noes 0
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Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 5, Noes 0
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Executive action taken
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Assembly Amendment 1 offered by Representative Steffen
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Public hearing held
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Fiscal estimate received
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Read first time and referred to Committee on Campaigns and Elections
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Introduced by Representatives Steffen, Armstrong, Brill, Brooks, Dittrich, Green, Gundrum, Hurd, Kitchens, Knodl, Kreibich, Murphy, Mursau, Nedweski, O'Connor, Piwowarczyk, Sortwell and Tusler; cosponsored by Senator Wanggaard
Sponsors
- Wanggaard · Cosponsor
- David Steffen · Primary
- David Armstrong · Cosponsor
- Lindee Brill · Cosponsor
- Robert Brooks · Cosponsor
- Barbara Dittrich · Cosponsor
- Chanz Green · Cosponsor
- Rick Gundrum · Cosponsor
- Karen Hurd · Cosponsor
- Joel Kitchens · Cosponsor
- Daniel Knodl · Cosponsor
- Rob Kreibich · Cosponsor
- David Murphy · Cosponsor
- Jeffrey Mursau · Cosponsor
- Amanda Nedweski · Cosponsor
- Jerry O'Connor · Cosponsor
- Jim Piwowarczyk · Cosponsor
- Shae Sortwell · Cosponsor
- Ron Tusler · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 18 co-sponsors · 113 not signed on · 12 voted No
Sponsors (1)
- Steffen, David Republican
Co-sponsors (18)
- Wanggaard
- Armstrong, David Republican
- Brill, Lindee Republican
- Brooks, Robert Republican
- Dittrich, Barbara Republican
- Green, Chanz Republican
- Gundrum, Rick Republican
- Hurd, Karen Republican
- Kitchens, Joel Republican
- Knodl, Daniel Republican
- Kreibich, Rob Republican
- Murphy, David Republican
- Mursau, Jeffrey Republican
- Nedweski, Amanda Republican
- O'Connor, Jerry Republican
- Piwowarczyk, Jim Republican
- Sortwell, Shae Republican
- Tusler, Ron Republican
Not signed on (113)
113 members have not signed on to this bill.
Show all 113 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 18 | 0 | 0 | 0 |
| Democrat | 0 | 12 | 0 | 0 |
| Unaffiliated | 0 | 3 | 0 | 0 |
| Total | 18 | 15 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (33)
| Member | Party | Vote |
|---|---|---|
| JOHNSON | — | Nay |
| DASSLER-ALFHEI | — | Nay |
| HABUSH SINYKIN | — | Nay |
| Carpenter, Tim | Democrat | Nay |
| Drake, Dora | Democrat | Nay |
| Hesselbein, Dianne | Democrat | Nay |
| Keyeski, Sarah | Democrat | Nay |
| Larson, Chris | Democrat | Nay |
| Pfaff, Brad | Democrat | Nay |
| Ratcliff, Melissa | Democrat | Nay |
| Roys, Kelda | Democrat | Nay |
| Smith, Jeff | Democrat | Nay |
| Spreitzer, Mark | Democrat | Nay |
| Wall, Jamie | Democrat | Nay |
| Wirch, Robert | Democrat | Nay |
| Bradley, Julian | Republican | Yea |
| Cabral-Guevara, Rachael | Republican | Yea |
| Felzkowski, Mary | Republican | Yea |
| Feyen, Dan | Republican | Yea |
| Hutton, Rob | Republican | Yea |
| Jacque, André | Republican | Yea |
| Jagler, John | Republican | Yea |
| James, Jesse | Republican | Yea |
| Kapenga, Chris | Republican | Yea |
| LeMahieu, Devin | Republican | Yea |
| Marklein, Howard | Republican | Yea |
| Nass, Steve | Republican | Yea |
| Quinn, Romaine | Republican | Yea |
| Stafsholt, Rob | Republican | Yea |
| Testin, Patrick | Republican | Yea |
| Tomczyk, Cory | Republican | Yea |
| Wanggaard, Van | Republican | Yea |
| Wimberger, Eric | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does AB 35 do?
- An Act to create 8.35 (1m), 12.13 (3) (ag) and 12.60 (1) (am) of the statutes;
- Who sponsors AB 35?
- AB 35 is sponsored by Wanggaard, Steffen, David (Republican), Armstrong, David (Republican), Brill, Lindee (Republican), Brooks, Robert (Republican), Dittrich, Barbara (Republican), Green, Chanz (Republican), Gundrum, Rick (Republican), Hurd, Karen (Republican), Kitchens, Joel (Republican), Knodl, Daniel (Republican), Kreibich, Rob (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), Nedweski, Amanda (Republican), O'Connor, Jerry (Republican), Piwowarczyk, Jim (Republican), Sortwell, Shae (Republican), and Tusler, Ron (Republican).
- What is the current status of AB 35?
- This bill has been sent to the executive. Introduced February 17, 2025. It awaits signature.
- Where can I track AB 35?
- Track AB 35 free on One Click Politics — get push/email alerts when it moves.
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