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Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the state's election laws, including the
following:
1. Under current law, the Elections Commission is authorized to review the
conduct of election officials for violations of law and abuse of discretion. Current law
provides that the commission may, after investigation, issue an order requiring an
election official to conform his or her conduct to the law, restraining an election
official from taking an action inconsistent with the law, or requiring an election
official to correct an action or decision inconsistent with the law.
This bill authorizes the commission to issue such other temporary orders of
limited effect as it deems necessary to carry out its powers and duties in reviewing
the conduct of election officials.

2. Under current law, only courts are authorized to review matters concerning
recounts. This bill does not affect that authority but additionally authorizes the
commission to review the decision or other conduct of an election official with respect
to matters concerning a recount in order to determine whether the official's decision
or other conduct is contrary to law or constitutes an abuse of discretion. That
authority mirrors the commission's authority with respect to other matters arising
in the course of elections. Under the bill, the commission may not review a final
recount determination that is ripe for appeal in court.
3. This bill alters the methods of delivery of a recount petition to candidates in
an election. Under current law, a petition for a recount for an elected office must be
filed with the clerk or body with whom nomination papers are filed for that office. The
clerk or body is required to deliver the petition to each opposing candidate or the
candidate's designated agent. The candidate or agent must acknowledge personal
delivery of the petition by signing a receipt. If a candidate or agent does not
personally accept delivery of the petition, the clerk or body must promptly deliver the
copies of the petition to the sheriff, who must then deliver the copies of the petition
to each candidate at the address given on the candidate's nomination papers in the
manner provided for service of a summons in civil actions.
This bill adds the following steps to this process:
a. If a candidate or agent does not personally accept delivery of the petition, the
clerk or body is required to attempt to notify the candidate or agent of the petition
by e-mail and by telephone and, upon receiving acknowledgment from the candidate
or agent, retain documentation of that notice.
b. If the clerk or body does not receive acknowledgment by e-mail or by
telephone, the clerk or body must deliver copies of the petition to the sheriff for
service as described above. However, if the sheriff does not serve a copy of the petition
within 24 hours, the clerk or body must publish or post notice of the petition, which
must occur at least 24 hours before the start of the recount.
4. Under current law, the commission is required to provide information on a
continuing basis to all municipal clerks concerning the names and addresses of
domestic abuse and sexual assault service providers. Under this bill, the commission
is required to provide that information only as needed to verify the voting eligibility
of a voter whose identity must be kept confidential because the voter is the victim of
domestic abuse, sexual assault, or stalking.
5. Under this bill, an individual's signature on a recall petition may not be
counted unless, among the other requirements provided under current law, the
signer legibly prints his or her name in a space provided next to his or her signature.
6. This bill requires county clerks to publish a type A notice of a referendum
prior to a partisan primary or spring primary if a referendum will appear on the
ballot at the spring or partisan primary. Under current law, a type A notice of a
referendum must contain the text of the ballot question and a statement specifying
where a copy of the resolution directing submission of the question may be obtained.
7. This bill requires municipal clerks to publish certain notices, required under
current law for spring and general elections, prior to a partisan primary or spring

primary when a referendum will appear on the ballot at the spring or partisan
primary.
8. Under current law, each county clerk is required to deliver or transmit to the
commission a certified copy of each statement of a county board of canvassers
regarding an election within certain specified time periods after primaries and all
other elections. This bill specifies that the certified copies must be delivered or
transmitted to the commission in a manner prescribed by the commission.
9. Current law allows a municipality to appoint additional election inspectors
for the canvassing of absentee ballots by the municipal board of absentee ballot
canvassers. Under current law, an inspector so appointed must be a qualified elector
of the municipality. This bill provides that if the municipality cannot identify a
sufficient number of qualified electors of the municipality to serve as inspectors, the
municipality may appoint qualified electors of the county in which the municipality
is located to serve as inspectors.
10. Current law requires that spring election ballots for town, village, and
school district offices include sufficient space for write-in candidates. This bill
requires that spring election ballots for city offices also include sufficient space for
write-in candidates.
11. This bill eliminates the requirement that a partisan primary ballot list the
names of independent candidates for state office. Prior to July 1, 2011, listing the
names of independent candidates for state office on the partisan primary ballot was
necessary for determining eligibility for providing public financing for such
candidates. Current law no longer provides public financing for campaigns for state
office.
12. Under current law, a poll list created for an election must be maintained
for 22 months after the election. This bill provides that an original electronic poll list
need not be maintained if a true copy is maintained for the 22-month period.
13. Under current law, when a municipality uses an electronic voting system
for an election, the clerks of the county and municipality where the system is used
must provide notice of the ballot form and contents by arranging for the publication
of an actual size copy of the ballot. Current law, however, allows a publisher to reduce
the size of the facsimile ballot for publication purposes. This bill eliminates the
inconsistency between these two provisions by eliminating the requirement that the
clerks arrange for publication of an actual size copy of the ballot.
14. This bill specifies that a municipal clerk need not make paper copies of a
registration list for use in an election if an electronic registration list is used.
15. Under current law, a municipal clerk is required upon request to provide
a candidate one copy of the current poll list for those areas for which he or she is a
candidate. Current law specifies that if a copying machine is unavailable, the clerk
is required to remove the lists from the office to make copies and return the lists
immediately thereafter. This bill removes any reference to a copying machine.
16. Under current law, one of the circumstances under which all write-in votes
must be counted for a particular office in an election occurs if a candidate certified
to appear on the ballot dies or withdraws before the election. Under this bill, all

write-in votes must be counted under that circumstance only if a candidate certified
to appear on the ballot dies before the election.
17. Under current law, the commission is required to make rules and draft
whatever forms it considers necessary to standardize the form of various election
notices. This bill eliminates the requirement to make such rules but not the
requirement to draft standardized forms.
18. The bill provides that, for the purpose of creating wards, no ward line may
cross the boundary of a congressional, assembly, or supervisory district.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB240,1 1Section 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
2read:
SB240,5,33 5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an
4election official
person authorized under par. (b) to file a complaint believes that a
5decision or action of the an election official or the failure of the official to act with
6respect to any matter concerning nominations, qualifications of candidates, voting
7qualifications, including residence, ward division and numbering, recall, ballot
8preparation, election administration or, conduct of elections, or, subject to par. (b) 2.,
9conduct of a recount,
is contrary to law, or the official has abused the discretion vested
10in him or her by law with respect to any such matter, the elector authorized person
11may file a written sworn complaint with the commission requesting that the official
12be required to conform his or her conduct to the law, be restrained from taking any
13action inconsistent with the law, or be required to correct any action or decision
14inconsistent with the law or any abuse of the discretion vested in him or her by law.
15The complaint shall set forth such facts as are within the knowledge of the
16complainant to show probable cause to believe that a violation of law or abuse of
17discretion has occurred or will occur. The complaint may be accompanied by relevant

1supporting documents. The commission may conduct a hearing on the matter in the
2manner prescribed for treatment of contested cases under ch. 227 if it believes such
3action to be appropriate.
SB240,2 4Section 2. 5.06 (1) (b) of the statutes is created to read:
SB240,5,65 5.06 (1) (b) The following persons are authorized to file a complaint under this
6subsection:
SB240,5,87 1. An elector of a jurisdiction or district served by an election official who is a
8subject of the complaint.
SB240,5,129 2. A candidate voted for at an election who is an aggrieved party, as determined
10under s. 9.01 (1) (a) 5., or an elector who voted upon a referendum question at an
11election, with respect to a recount under s. 9.01, except that a recount determination
12that is ripe for appeal under s. 9.01 (6) is not reviewable under this subsection.
SB240,3 13Section 3. 5.06 (4) of the statutes is amended to read:
SB240,5,1914 5.06 (4) The commission may, on its own motion, investigate and determine
15whether any election official, with respect to any matter concerning nominations,
16qualifications of candidates, voting qualifications, including residence, ward
17division and numbering, recall, ballot preparation, election administration or
18conduct of elections
specified in sub. (1), has failed to comply with the law or abused
19the discretion vested in him or her by law or proposes to do so.
SB240,4 20Section 4. 5.06 (7) of the statutes is amended to read:
SB240,5,2421 5.06 (7) The commission may withdraw, modify or correct an order issued
22under sub. (6) within a timely period if it finds such action to be appropriate. The
23commission may issue such other temporary orders of limited effect as it deems
24necessary to carry out its powers and duties under this section.
SB240,5 25Section 5. 5.06 (10) of the statutes is repealed.
SB240,6
1Section 6. 5.15 (4) (a) of the statutes is amended to read:
SB240,6,212 5.15 (4) (a) Except as provided in par. (c), the division ordinance or resolution
3shall number all wards in the municipality with unique whole numbers in
4consecutive order, beginning with the number one, shall designate the polling place
5for each ward, and shall describe the boundaries of each ward consistent with the
6conventions set forth in s. 4.003. No ward line may cross the boundary of a
7congressional, assembly, or supervisory district.
The ordinance or resolution shall
8be accompanied by a list of the block numbers used by the U.S. bureau of the census
9that are wholly or partly contained within each ward, with any block numbers partly
10contained within a ward identified, and a map of the municipality which illustrates
11the revised ward boundaries. If the legislature, in an act redistricting legislative
12districts under article IV, section 3, of the constitution, or in redistricting
13congressional districts, establishes a district boundary within a municipality that
14does not coincide with the boundary of a ward established under the ordinance or
15resolution of the municipality, the municipal governing body shall, no later than
16April 10 of the 2nd year following the year of the federal decennial census on which
17the act is based, amend the ordinance or resolution to the extent required to effect
18the act. The amended ordinance or resolution shall designate the polling place for
19any ward that is created to effect the legislative act. Nothing in this paragraph shall
20be construed to compel a county or city to alter or redraw supervisory or aldermanic
21districts.
SB240,7 22Section 7. 5.60 (3) (ag) of the statutes is amended to read:
SB240,7,223 5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
24giving the names of all candidates for city offices, printed in the same form as
25prescribed by the commission under s. 7.08 (1) (a). Sufficient space shall be provided

1on the ballot for write-in candidates.
City election ballots may vary in form to
2conform to the law under which an election is held.
SB240,8 3Section 8. 5.62 (1) (a) of the statutes is amended to read:
SB240,7,204 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
5the nomination of candidates of recognized political parties for national, state and
6county offices and independent candidates for state office in each ward, in the same
7form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
8s. 5.655. The ballots shall be made up of the several party tickets with each party
9entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
10except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
11The party ballot of the party receiving the most votes for president or governor at the
12last general election shall be on top with the other parties arranged in descending
13order based on their vote for president or governor at the last general election. The
14ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
15under par. (b), in the same order in which the parties filed petitions with the
16commission. Any ballot required under par. (b) 2. shall be placed next in order. At
17polling places where voting machines are used, each party shall be represented in
18one or more separate columns or rows on the ballot. At polling places where an
19electronic voting system is used other than an electronic voting machine, each party
20may be represented in separate columns or rows on the ballot.
SB240,9 21Section 9. 5.94 of the statutes is amended to read:
SB240,8,5 225.94 Sample ballots; publication. When an electronic voting system
23employing a ballot that is distributed to electors is used, the county and municipal
24clerk of the county and municipality in which the polling place designated for use of
25the system is located shall cause to be published, in the type B notices, a true

1actual-size
copy of the ballot containing the names of offices and candidates and
2statements of measures to be voted on, as nearly as possible, in the form in which they
3will appear on the official ballot on election day. The notice may be published as a
4newspaper insert. Municipal clerks may post the notice if the remainder of the type
5B notice is posted.
SB240,10 6Section 10. 6.45 (1) of the statutes is amended to read:
SB240,8,97 6.45 (1) After the deadline for revision of the registration list, the municipal
8clerk shall make copies of the list for election use. Paper copies need not be made if
9an electronic registration list is used.
SB240,11 10Section 11. 6.46 (2) of the statutes is amended to read:
SB240,8,1911 6.46 (2) Poll lists shall be open to public inspection, except as provided in s.
126.47. The municipal clerk shall furnish upon request to each candidate who has filed
13nomination papers for an office which that represents at least part of the
14municipality one copy of the current poll list for those areas for which he or she is a
15candidate for a fee not to exceed the cost of reproduction. If a copying machine is not
16accessible,
the clerk shall must remove the lists from the office for the purposes of
17copying, and the clerk shall return them immediately thereafter. The clerk shall
18exclude information that is confidential under s. 6.47 (2) from copies of the list, except
19as authorized under s. 6.47 (8).
SB240,12 20Section 12. 6.47 (1) (ag) of the statutes is amended to read:
SB240,8,2421 6.47 (1) (ag) “Domestic abuse victim service provider" means an organization
22that is certified by the department of children and families as eligible to receive
23grants under s. 49.165 (2) and whose name is included on the list provided by the
24commission under s. 7.08 (10)
.
SB240,13 25Section 13. 6.47 (1) (dm) of the statutes is amended to read:
SB240,9,4
16.47 (1) (dm) “Sexual assault victim service provider" means an organization
2that is certified by the department of justice as eligible to receive grants under s.
3165.93 (2) and whose name is included on the list provided by the commission under
4s. 7.08 (10)
.
SB240,14 5Section 14. 7.08 (10) of the statutes is amended to read:
SB240,9,106 7.08 (10) Domestic abuse and sexual assault service providers. Provide to
7each municipal clerk, on a continuous basis as needed to confirm the eligibility to vote
8of electors who have obtained a confidential listing under s. 6.47 (2)
, the names and
9addresses of organizations that are certified under s. 49.165 (4) (a) or 165.93 (4) (a)
10to provide services to victims of domestic abuse or sexual assault.
SB240,15 11Section 15. 7.23 (1) (e) of the statutes is amended to read:
SB240,9,1512 7.23 (1) (e) Poll lists created for any election may be destroyed 22 months after
13the election at which they were created. An original electronic poll list need not be
14maintained under this paragraph if a true copy of the electronic poll list is
15maintained whether in hard copy or electronic format.
SB240,16 16Section 16. 7.50 (2) (em) of the statutes is amended to read:
SB240,9,2517 7.50 (2) (em) Except as otherwise provided in this paragraph, write-in votes
18shall only be counted if no candidates have been certified to appear on the ballot. If
19a candidate has been certified to appear on the ballot, write-in votes may only be
20counted for a candidate that files a registration statement under s. 11.0202 (1) (a) no
21later than noon on the Friday immediately preceding the election. If a candidate
22certified to appear on the ballot dies or withdraws before the election, all write-in
23votes shall be counted. When write-in votes are counted, every vote shall be counted
24for the candidate for whom it was intended, if the elector's intent can be ascertained
25from the ballot itself.
SB240,17
1Section 17. 7.52 (1) (b) of the statutes is amended to read:
SB240,10,172 7.52 (1) (b) A municipality that adopts the canvassing procedure under this
3section may appoint additional inspectors under s. 7.30 (2) (a) to assist the absentee
4ballot board of canvassers in canvassing absentee ballots under this section. In such
5case, an odd number of inspectors shall be appointed, and at no time may there be
6less than 3 inspectors who serve. Except as authorized in s. 7.30 (4) (c), all inspectors
7shall be affiliated with one of the 2 recognized political parties receiving the largest
8numbers of votes for president, or for governor in nonpresidential general election
9years, in the municipality. The party whose candidate received the largest number
10of votes in the municipality is entitled to one more inspector than the party whose
11candidate received the next largest number of votes in the municipality. Each
12inspector so appointed shall be a qualified elector of the municipality , except that if
13the municipality cannot identify a sufficient number of qualified electors of the
14municipality to serve as inspectors, the municipality may appoint qualified electors
15of the county in which the municipality is located to serve as inspectors
. The
16inspectors who are appointed under this paragraph shall serve under the direction
17and supervision of the board of absentee ballot canvassers.
SB240,18 18Section 18. 7.60 (5) (a) of the statutes is amended to read:
SB240,11,1119 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
20or transmit to the elections commission in a manner prescribed by the commission
21a certified copy of each statement of the county board of canvassers for president and
22vice president, state officials, senators and representatives in congress, state
23legislators, justice, court of appeals judge, circuit judge, district attorney, and
24metropolitan sewerage commissioners, if the commissioners are elected under s.
25200.09 (11) (am). The statement shall record the returns for each office or

1referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in
2which case the statement shall record the returns for each group of combined wards.
3Following primaries the county clerk shall enclose on forms prescribed by the
4elections commission the names, party or principle designation, if any, and number
5of votes received by each candidate recorded in the same manner. The county clerk
6shall deliver or transmit the certified statement to the elections commission no later
7than 9 days after each primary except the partisan primary, no later than 10 days
8after the partisan primary and any other election except the general election, and no
9later than 14 days after the general election. The board of canvassers shall deliver
10or transmit a certified copy of each statement for any technical college district
11referendum to the secretary of the technical college district board.
SB240,19 12Section 19 . 9.01 (2) of the statutes is amended to read:
SB240,12,1113 9.01 (2) Notice to candidates. When the recount concerns an election for an
14office, the clerk or body with whom the petition is filed shall promptly prepare a copy
15of the petition for delivery to each opposing candidate for the same office whose name
16appears on the ballot. In a recount proceeding for a partisan primary, the clerk or
17body shall prepare a copy of the petition for delivery to each opposing candidate for
18the same party nomination for the same office, to each opposing candidate for the
19party nomination of each other party for the same office and to each independent
20candidate qualifying to have his or her name placed on the ballot for the succeeding
21election. A candidate or agent designated by a candidate may personally accept
22delivery of a copy of the petition. Upon such delivery, the clerk or body shall require
23the candidate or agent to sign a receipt therefor acknowledging delivery of the
24petition
. If a candidate or agent does not personally accept delivery, the clerk or body
25shall then attempt to notify the candidate or agent of the petition by electronic mail

1and by telephone and, upon receiving acknowledgment from the candidate or agent,
2retain documentation of that notice. If the clerk or body does not receive
3acknowledgment by electronic mail or by telephone, the clerk or body shall
promptly
4deliver the copies of the petition to the sheriff, who shall promptly deliver the copies
5of the petition to each candidate at the address given on the candidate's nomination
6papers, without fee, in the manner provided for service of a summons in civil actions.
7If the sheriff does not complete service of a copy of the petition to a candidate within
824 hours after having received the copy from the clerk or body, the clerk or body shall
9publish or post notice of the petition. If the clerk or body is required to publish or post
10notice of the petition, the clerk or body shall do so at least 24 hours before the start
11of the recount.
SB240,20 12Section 20. 9.10 (2) (e) 9. of the statutes is created to read:
SB240,12,1413 9.10 (2) (e) 9. The signer has not legibly printed his or her name in a space
14provided next to his or her signature.
SB240,21 15Section 21. 10.01 (1) of the statutes is amended to read:
SB240,12,2416 10.01 (1) The form of the various election notices shall be prescribed by the
17commission to standardize election notices. To accomplish this purpose, the
18commission shall make rules and draft whatever forms it considers necessary.
19Notification or certification lists of candidates or referenda questions sent to the
20county clerks shall prescribe the form in which the county clerks shall publish the
21relevant portions of the notice and any additional county offices and referenda
22questions. The commission shall also prescribe the provisions for municipal notices
23which shall be sent to each county clerk who shall immediately forward them to each
24municipal clerk.
SB240,22 25Section 22. 10.06 (2) (d) of the statutes is amended to read:
SB240,13,2
110.06 (2) (d) On the Monday preceding the spring primary, when held, the
2county clerk shall publish a type B notice and, if applicable, a type C notice.
SB240,23 3Section 23. 10.06 (2) (f) of the statutes is amended to read:
SB240,13,64 10.06 (2) (f) On the 4th Tuesday preceding the each spring primary and
5election, the county clerk shall publish a type A notice of any state or county
6referendum to be held at the primary or election.
SB240,24 7Section 24. 10.06 (2) (j) of the statutes is amended to read:
SB240,13,98 10.06 (2) (j) On the Monday preceding the partisan primary the county clerk
9shall publish a type B notice and, if applicable, a type C notice.
SB240,25 10Section 25. 10.06 (2) (L) of the statutes is amended to read:
SB240,13,1311 10.06 (2) (L) On the 4th Tuesday preceding the each partisan primary and
12general election, the county clerk shall publish a type A notice of any state or county
13referendum to be held at the primary or election.
SB240,26 14Section 26. 10.06 (3) (as) of the statutes is amended to read:
SB240,13,1815 10.06 (3) (as) On the 4th Tuesday preceding the spring primary, when held, the
16municipal clerk shall publish a type E notice. In cities and villages, the municipal
17clerk shall publish a type A notice on the 4th Tuesday preceding the spring primary
18of any direct legislation questions referendum to be voted on held at the primary.
SB240,27 19Section 27. 10.06 (3) (b) of the statutes is amended to read:
SB240,13,2420 10.06 (3) (b) If there is to be a municipal primary, the municipal clerk shall
21publish a type B notice on the Monday before the primary election. In cities and
22villages, the municipal clerk shall publish a type C notice on the Monday before the
23primary election of any direct legislation questions referendum to be voted on held
24at the primary.
SB240,28 25Section 28. 10.06 (3) (c) of the statutes is amended to read:
SB240,14,4
110.06 (3) (c) On the Monday before the each spring primary and election, the
2municipal clerk shall publish a type B notice and a type D notice. If there are
3municipal referenda, the municipal clerk shall publish a type C notice at the same
4time.
SB240,29 5Section 29. 10.06 (3) (d) of the statutes is amended to read:
SB240,14,86 10.06 (3) (d) On the Monday preceding the each partisan primary and general
7election, the municipal clerk shall publish a type D notice. If there are municipal
8referenda, the municipal clerk shall publish type B and C notices at the same time.
SB240,30 9Section 30. Initial applicability.
SB240,14,1110 (1) Recall petitions. The treatment of s. 9.10 (2) (e) 9. first applies to a recall
11petition filed on the effective date of this subsection.
SB240,14,1212 (End)
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