Wisconsin Statutes
Wis. Stat. § 8.12 (2026)
Presidential preference vote
✓ current as of July 2026
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8.12(1)(a)(a) No later than 5 p.m. on the 2nd Tuesday in December of the year before each year in which electors for president and vice president are to be elected, the state chairperson of each recognized political party listed on the official ballot at the last gubernatorial election whose candidate for governor received at least 10 percent of the total votes cast for that office may certify to the commission that the party will participate in the presidential preference primary. For each party filing such a certification, the voters of this state shall at the spring election be given an opportunity to express their preference for the person to be the presidential candidate of that party.
8.12(1)(b)(b) On the first Tuesday in January of each year, or the next day if Tuesday is a holiday, in which electors for president and vice president are to be elected, there shall be convened in the capitol a committee consisting of, for each party filing a certification under this subsection, the state chairperson of that state party organization or the chairperson’s designee, one national committeeman and one national committeewoman designated by the state chairperson; the speaker and the minority leader of the assembly or their designees, and the president and the minority leader of the senate or their designees. All designations shall be made in writing to the commission. This committee shall organize by selecting an additional member who shall be the chairperson and shall determine, and certify to the commission, no later than on the Friday following the date on which the committee convenes under this paragraph, the names of all candidates of the political parties represented on the committee for the office of president of the United States. The committee shall place the names of all candidates whose candidacy is generally advocated or recognized in the national news media throughout the United States on the ballot, and may, in addition, place the names of other candidates on the ballot. The committee shall have sole discretion to determine that a candidacy is generally advocated or recognized in the national news media throughout the United States.
8.12(1)(c)(c) No later than 5 p.m. on the last Tuesday in January of each presidential election year, any person seeking the nomination by the national convention of a political party filing a certification under this subsection for the office of president of the United States, or any committee organized in this state on behalf of and with the consent of such person, may submit to the commission a petition to have the person’s name appear on the presidential preference ballot. The petition may be circulated no sooner than the first Tuesday in January of such year, or the next day if Tuesday is a holiday, and shall be signed by a number of qualified electors equal in each congressional district to not less than 1,000 signatures nor more than 1,500 signatures. The form of the petition shall conform to the requirements of s. 8.40. All signers on each separate petition paper shall reside in the same congressional district.
8.12(1)(d)(d) The commission shall forthwith contact each person whose name has been placed in nomination under par. (b) and notify him or her that his or her name will appear on the Wisconsin presidential preference ballot unless he or she files, no later than 5 p.m. on the last Tuesday in January of such year, with the commission, a disclaimer stating without qualification that he or she is not and does not intend to become a candidate for the office of president of the United States at the forthcoming presidential election. The disclaimer may be filed with the commission by certified mail, telegram, or in person.
8.12(2)(2) Ballots. The form of the official ballots shall be prescribed by the commission. The ballot shall provide to an elector the opportunity to vote for an uninstructed delegation to represent this state at the presidential nominating convention of his or her party, or to write in the name of a candidate for the presidential nomination of his or her party.
8.12(3)(3) Reporting of results. No later than May 15 following the presidential preference primary, the commission shall notify each state party organization chairperson under sub. (1) (b) of the results of the presidential preference primary within the state and within each congressional district.
8.12 HistoryHistory: 1973 c. 334 ss. 16, 57; 1975 c. 93, 185, 199, 422; 1977 c. 427; 1979 c. 34, 260, 311, 355; 1983 a. 484; 1985 a. 304 ss. 100 to 106, 156; 1987 a. 391; 1989 a. 192; 1993 a. 184; 1995 a. 16 s. 2; 1999 a. 182; 2003 a. 24; 2011 a. 45; 2015 a. 118 s. 266 (10).
8.12 AnnotationThe national democratic party has a protected right of political association and may not be compelled to seat delegates chosen in an open primary in violation of the party’s rules. Democratic Party of United States v. Wisconsin ex rel. La Follette, 450 U.S. 107, 101 S. Ct. 1010, 67 L. Ed. 2d 82 (1981).
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1980–2024 · leading case: Democratic Party of United States v. Wisconsin Ex Rel. La Follette, 450 U.S. 107 (1981).
Democratic Party of United States v. Wisconsin Ex Rel. La Follette, 450 U.S. 107 (1981). “Subsequently, the State Party chose delegates to the 1980 Democratic National Convention, in compliance with the order of the Wisconsin Supreme Court and Wis. Stat. §§ 8.12 (3) (b), (3) (c) 5 (1977).”
Labor & Farm Party v. Elections Bd., 344 N.W.2d 177 (Wis. 1984). “5.62. The statute further provides that the committee has the sole discretion to determine that, “.”
State Ex Rel. La Follette v. Democratic Party of United States, 287 N.W.2d 519 (Wis. 1980). “" Sec. 8.12(1), Stats. Although the statute does not require a public declaration of party preference, the legislative intent is clear that the voters should vote only on the ballot of the party they claim as theirs and that they will not vote on the ballot of a party with which…”
State v. Schaefer, 2008 WI 25 (Wis. 2008). “ś 86 Schaefer's argument is somewhat unusual because he poses a prospective challenge to effective assistance of counsel.”
Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997). “Tobias, Litigating Wrongful Discharge Claims, § 8.12 at pp. 8-37-38 (6/91). ¶ 42. Fourth, awarding front pay comports with the Brockmeyer contract theory of damages for wrongful discharge.”
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
Dean Phillips v. Wisconsin Elections Comm'n, 2024 WI 8 (Wis. 2024). “We further conclude that the 2024 Selection Committee failed to demonstrate that it exercised discretion in applying the standard in Wis. Stat. § 8.12 (1)(b)(2021-22)2 to Dean Phillips, and we direct that the name of Dean Phillips be placed on the 2 All subsequent references to…”
Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin, 740 F. Supp. 1400 (W.D. Wis. 1990). “In §§ 8.12 and 8.13, they have made the same provisions for hunting and trapping small game.”
Gartner Props., LLC v. Hudson Bus. Park, LLC (Wis. Ct. App. 2020). “¶6 Within twenty days of Studios’ exercise of the option, § 8.12(i) of the purchase agreement required HBP to order “Title Evidence,” which was defined to include three items: (1) a title commitment from a title company mutually agreed upon by the parties, which “delet[ed]…”
State v. Matthew C. Hinkle (Wis. 2019). “VII, § 8.12 Consistent with the constitution, the legislature recognizes Wisconsin circuit courts as courts of criminal jurisdiction in Wis.”
— Wis. Stat. § 8.12(1) — 2 cases
Labor & Farm Party v. Elections Bd., 344 N.W.2d 177 (Wis. 1984). “5.62. The statute further provides that the committee has the sole discretion to determine that, “.”
State Ex Rel. La Follette v. Democratic Party of United States, 287 N.W.2d 519 (Wis. 1980). “" Sec. 8.12(1), Stats. Although the statute does not require a public declaration of party preference, the legislative intent is clear that the voters should vote only on the ballot of the party they claim as theirs and that they will not vote on the ballot of a party with which…”
— Wis. Stat. § 8.12(1)(a) — 1 case
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
— Wis. Stat. § 8.12(1)(b) — 2 cases
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
Dean Phillips v. Wisconsin Elections Comm'n, 2024 WI 8 (Wis. 2024). “We further conclude that the 2024 Selection Committee failed to demonstrate that it exercised discretion in applying the standard in Wis. Stat. § 8.12 (1)(b)(2021-22)2 to Dean Phillips, and we direct that the name of Dean Phillips be placed on the 2 All subsequent references to…”
— Wis. Stat. § 8.12(1)(c) — 1 case
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
— Wis. Stat. § 8.12(3)(b) — 1 case
State Ex Rel. La Follette v. Democratic Party of United States, 287 N.W.2d 519 (Wis. 1980). “" Sec. 8.12(1), Stats. Although the statute does not require a public declaration of party preference, the legislative intent is clear that the voters should vote only on the ballot of the party they claim as theirs and that they will not vote on the ballot of a party with which…”
— Wis. Stat. § 8.12(i) — 1 case
Gartner Props., LLC v. Hudson Bus. Park, LLC (Wis. Ct. App. 2020). “¶6 Within twenty days of Studios’ exercise of the option, § 8.12(i) of the purchase agreement required HBP to order “Title Evidence,” which was defined to include three items: (1) a title commitment from a title company mutually agreed upon by the parties, which “delet[ed]…”
— Wis. Stat. § 8.12(ii) — 1 case
Gartner Props., LLC v. Hudson Bus. Park, LLC (Wis. Ct. App. 2020). “¶6 Within twenty days of Studios’ exercise of the option, § 8.12(i) of the purchase agreement required HBP to order “Title Evidence,” which was defined to include three items: (1) a title commitment from a title company mutually agreed upon by the parties, which “delet[ed]…”
— Wis. Stat. § 8.12(l)(a) — 1 case
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
— Wis. Stat. § 8.12(l)(b) — 1 case
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
— Wis. Stat. § 8.12(l)(c) — 1 case
McCarthy v. Elections Bd., 480 N.W.2d 241 (Wis. 1992). “Nothing contained within sec. 8.12, Stats., either hinders or impedes the operation of our open primary system.”
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