59.08 Consolidation of counties; procedure; referendum.

857 words·~4 min read·/wi/chapter-59/59-08-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any 2 or more adjoining counties may consolidate into a single county by complying with the requirements and procedure herein specified.

(2)The boards of any 2 or more adjoining counties desiring to consolidate their respective counties into a single county may enter into a joint agreement for the consolidation of the counties, setting forth in the consolidation agreement all of the following:

(a)The names of the several counties which they propose to be consolidated.

(b)The name under which it is proposed to consolidate the counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties.

(c)The property, real and personal, belonging to each county, and the current fair market value thereof.

(d)The indebtedness, bonded and otherwise, of each county.

(e)The proposed name and location of the county seat of the consolidated county.

(f)If the counties have different forms of county organization and government, the proposed form of county organization and government of the consolidated county.

(g)The terms of agreement.

(3)The board of each county may appoint an advisory committee composed of 3 persons to assist the board in the preparation of the agreement.

(4)The original of the consolidation agreement, together with a petition on behalf of the several boards, signed by the chairperson of each of the boards, asking that a referendum on the question of consolidation of the several counties be ordered, shall be filed with the clerk of the circuit court of one of the counties and a copy of the consolidation agreement and of the petition shall be filed with the clerk of the circuit court of each of the other counties.

(5)The qualified electors of each county involved in the consolidation proposal whose board has not taken the initiative under sub.

(2)may, by filing with the board a petition conforming to the requirements of s. 8.40 , signed by not less than 20 percent of the qualified electors of the county, based on the total vote cast for governor at the last general election, asking the board to effect a consolidation agreement with the county or counties named in the petition, and asking for a referendum on the question, require the board to so proceed. A copy of the petition of the electors shall also be filed with the clerk of the circuit court of the county. If the board is able within 6 months thereafter to effect the consolidation agreement, the procedure shall be the same as set forth in this section. If the board within that period of time is unable or for any reason fails to perfect the consolidation agreement, then the judge of the circuit court of the county shall appoint a committee of 5 representative citizens of the county, to act for and in lieu of the board in perfecting the consolidation agreement and in petitioning for a referendum.

(6)The board shall publish the consolidation agreement as a class 1 notice under ch. 985 . The owner-editor or manager of each newspaper publishing the notice shall issue a certificate of the publication to the judge of the circuit court for each affected county, which shall be proof of publication.

(a)When publication of the consolidation agreement in each of the counties included in the agreement is completed, the judges of the circuit courts of those counties shall, by order entered of record in each of the counties, require the clerks of each of the counties to submit the question of the consolidation of the counties to a vote of the qualified electors of the counties.

(b)The question of the consolidation of the counties shall be submitted to the voters at the next election to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in the order issued under par.

(a), which day shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties as provided in s. 8.37 . If the question of consolidation is submitted at a special election, it shall be held not less than 70 days nor more than 88 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

(8)The clerk shall notice such election as other elections. The ballots shall be provided by the clerk and shall be in substantially the following form:

OFFICIAL REFERENDUM BALLOT

If you desire to vote for the consolidation of .... (insert names of counties proposing to consolidate) counties under a consolidation agreement, make a cross

(X)in the square after the word “Yes”, underneath the question; if you desire to vote against consolidation, make a cross

(X)in the square after the word “No”, underneath the question.

Shall .... (here insert names of counties proposing to consolidate) counties consolidate under a consolidation agreement?

YES ⬜ NO ⬜