ELE.1.5.060 Candidate Prerequisites Prior to Being Placed on the General Ballot
(a) Within three (3) working days after the Primary Election, the prospective candidate must undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription.
(1) The prospective candidate shall undergo testing at the LCO-CHC at the times established for candidate testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a prerequisite requirement for being placed on the ballot for the General Election. The laboratory evaluation of the sample shall be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse. Such drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following five classes of drug and correlative cutoff concentrations: Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone; Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA) and Methylenedioxymethamphetamine (MDEA); Phencyclidine (PCP).
(A) In the event of a positive test result, a confirmation test shall be performed by a laboratory specified in subs. (1) above, using the original sample (not a new sample). The confirmation test shall be based on a different analytical method of higher analytical certainty.
(B) A prospective candidate who tests positive (upon completion of a confirmation test) for illegal drugs and/or prescribed medication for which they do not have a valid prescription, shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.
(C) A prospective candidate who declines a drug test shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.
(D) A prospective candidate whose drug test is adulterated or diluted shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.
(2) The results of the tests shall be released to the Election Committee. The Election Committee Chairperson, or designee, shall contact each of the prospective candidates to let them know if their test was positive or negative, and whether they shall be placed on the ballot for the General Election. The Election Committee Chairperson, or designee, shall also contact any prospective candidate with the next highest votes from the Primary Election, if necessary, to elevate them in the process to be drug tested. This process shall continue until there are candidates numbering no more than twice the number of offices to be filled in the Election who meeting the requirements of ELE.1.5.030(a)(1)-(3) and ELE.1.5.060.