General Guidance
Legal Counsel
Consult with legal counsel early to ensure proper wording of referendum and that all requirements for dates and notices are met. The referendum must be held in accordance with Chapters 5 through 12 of the Wisconsin Statutes. The deadlines and notifications listed on this page are not inclusive of all necessary requirements of Chapters 5 through 12.
School District Clerk
The school district clerk is responsible for the preparation and distribution of the ballots - s. 67.05(3)b, Wis. Stats.
Costs
In regularly scheduled elections, district pays for ballots and municipality pays for poll workers - s. 5.68 and s. 7.03, Wis. Stats. In special elections, the district pays for all costs.
Polling Place Closings
In the case of special elections, polling places can sometimes be closed - s. 120.06(9), Wis. Stats. However, a polling place cannot be closed if:
- ten percent or more of the electors voting in the last school board election voted at the polling place;
- the polling place is located in a municipality situated entirely within the district; and
- the referendum is held in accordance with Chapters 5 through 12 of the Wisconsin Statutes.
School District Bonds, Referendum to Issue Debt
Consult Early
Consult with bond counsel early in the process.
Resolution Adoption
Board adopts resolution calling for election on proposed borrowing. See s. 67.05(6a), Wis. Stats. for all requirements for referenda to issue debt.
Requirement for Sufficient Time
- Resolution must provide for sufficient time (within 10 days, school district clerk must publish notice of such adoption - s. 67.05(6a)(a)2, Wis Stats.).
- Referendum to be held not earlier than 70 days after the adoption of the resolution - s. 67.05(6a)(a)2a, Wis. Stats. Note that the district must publish a notice under s. 10.01(2), Wis. Stats., on the fourth Tuesday before the referendum and also on the day before the referendum (s. 67.05(3), Wis. Stats). Refer to Wisconsin State Statute Chapter 10 for all election dates and notices.
- The district must notify the Department of Public Instruction (DPI) of the scheduled day of the referendum via the School Finance Reporting Portal and submit a copy of the resolution to DPI within 10 days after adopting a resolution that authorizes the school board to incur debt per s. 120.115(1)(a), Wis. Stats. A copy of the initial resolution and referendum question should be sent to Jennifer Buros.
Certificate Submission Time Frame
Unofficial results of district’s referenda are to be emailed to Jennifer Buros when that information is available after the official count of each election. Board of Canvassers Certificates are to be emailed to Jennifer Buros after the district’s Board of Canvassers meeting. Under current law, districts are required to notify DPI within ten days of holding a referendum of the results of that referendum, this may change as circumstances warrant. Notification to DPI of upcoming referendum elections is performed via the Internet through the DPI School Finance Reporting Portal.
Revenue Limit, Referendum to Exceed
Similar to Bond Referendums
Essentially the same procedures and requirements as bond referendums. See s. 121.91(3) for all requirements for referenda to exceed the revenue limit:
- state the amount;
- state whether it is for a recurring or nonrecurring purpose (if both, amount for each must be stated); and
- within 10 days of adopting resolution, the school board shall notify DPI of the scheduled date of the referendum and submit a copy of the resolution to Jennifer Buros.
Held in Accordance of State Statutes Chapters 5-12
The referendum is held in accordance with Chapters 5 through 12 of the state statutes. Refer to Wisconsin State Statute Chapter 10 for all election dates and notices.
Scheduling of School District Referenda
Wisconsin Act 59 (2017-19 Budget) limits school boards to having no more than two referendums in any calendar year. In other words, school boards are limited to asking two questions (also called referendums) per calendar year. An exception is created for a school district that has experienced a natural disaster; a special referendum could be held within the six-month period following the natural disaster but no sooner than 70 days after the adoption of the resolution. See Referendum Information and Reporting for more information.
Scheduled Referendum Day Notification
The district must notify DPI of the scheduled day of the referendum via the School Finance Reporting Portal and submit a copy of the resolution to DPI within 10 days after adopting a resolution that authorizes the school board to exceed the revenue limit per s. 121.91(3)(a). A copy of the initial resolution and referendum question should be sent to Jennifer Buros.
Certificate Submission Time Frame
Unofficial results of district’s referenda are to be emailed to Jennifer Buros when that information is available after the official count of each election. Board of Canvassers Certificates are to be mailed to Jennifer Buros after the district’s Board of Canvassers meeting. Under current law, districts are required to notify DPI within ten days of holding a referendum of the results of that referendum, this may change as circumstances warrant. Notification to DPI of upcoming referendum elections is performed via the Internet through the DPI School Finance Reporting Portal.
Revenue Limit, Energy Efficiency Exemption (EEE)
Per 2017 Wisconsin Act 59 (2017-19 Budget), school boards are prohibited from adopting a resolution to utilize the Energy Efficiency Exemption to the revenue limit after December 31, 2017 through December 3018. See Revenue Limit Exemption for Energy Efficiencies additional information.
Additional Information
Effective October 12, 1997, districts are required to notify DPI within ten days of holding a referendum of the results of that referendum. Notification to DPI of upcoming referendum elections is performed via the Internet through the DPI School Finance Reporting Portal. The district's ID and password is required. See Referendum Information - Resources for additional reporting information.
The information above is for general guidance. DPI does not interpret state statutes relating to holding the actual election, which includes ballots, polling issues and election laws. For legal or election logistical questions, please contact your legal counsel or the Wisconsin Elections Commission.