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2011 Wisconsin Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagwi0029 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
114 East, State Capitol
J.B. VAN HOLLEN                                                             P.O. Box 7857
ATTORNEY GENERAL                                                            Madison,WI 53707-7857
Kevin N. St. John                                                          TTY 1-800-947-3529
Deputy Attorney General
Steven P. Means
Executive Assistant
April 21, 2011                   1-01-11
Mr. Tony Kordus
Corporation Counsel
Shawano County
311 North Main Street
Shawano, WI 54166
Dear Mr. Kordus:
T 1.  You request an informal opinion concerning the application of Wis. Stat. § 59.10(3) to
two factual situations.
BACKGROUND
2. Your county board is in the process of preparing a decennial redistricting plan under
Wis. Stat. § 59.10(3)(b) that is based upon 2010 census data. On March 1, 2011 an elector
registered to file a petition to reduce the number of supervisory districts under Wis. Stat.
§ 59.10(3)(cm)2. You believe that a petition with a sufficient number of signatures to request a
referendum will be filed with the county clerk in April 2011.
QUESTIONS PRESENTED AND BRIEF ANSWERS
3. You first ask, in effect, whether a petition may be circulated in 2011 and a referendum
held pursuant to Wis. Stat. § 59.10(3)(cm)2. on that petition if the county board's decennial
redistricting plan using 2010 census data is in effect for the spring election in 2012.
T 4.  In my opinion, a petition may be circulated because the county board's decennial
redistricting plan is not yet in effect. The county clerk may accept the petition, but should not put
the redistricting plan requested by the petitioners on the April 2012 ballot if decennial
redistricting has been completed in time for that election.
5.  Your second question is whether an elector may circulate a petition to further reduce
the number of supervisory districts after the spring 2012 election during the decade under
Wis. Stat. § 59.10(3)(cm)2. if the county board's decennial redistricting plan under Wis. Stat.
§ 59.10(3)(b) using 2010 census data reduces the current number of supervisory districts.

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