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AB981,247 22Section 247. 9.01 (1) (ar) 3. of the statutes is amended to read:
AB981,109,1423 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
24under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
25Whenever the commission secretary of state receives a valid petition and any

1payment under par. (ag) 3., the commission secretary shall promptly by certified mail
2or other expeditious means order the proper county boards of canvassers to
3commence the recount. County boards of canvassers shall convene no later than 9
4a.m. on the 3rd day after receipt of an order and may adjourn for not more than one
5day at a time until the recount is completed in the county, except that the commission
6secretary may permit extension of the time for adjournment. Returns from a recount
7ordered by the commission secretary of state shall be transmitted to the office of the
8commission secretary as soon as possible, but in no case later than 13 days from the
9date of the order of the commission secretary directing the recount. The commission
10chairperson
secretary of state or the chairperson's secretary's designee may not
11make a determination in any election if a recount is pending before any county board
12of canvassers in that election. The commission chairperson secretary of state or the
13chairperson's secretary's designee need not recount actual ballots, but shall verify
14the returns of the county boards of canvassers in making his or her determinations.
AB981,248 15Section 248. 9.01 (5) (a) of the statutes is amended to read:
AB981,110,516 9.01 (5) (a) The board of canvassers or the commission chairperson secretary
17of state
or the chairperson's secretary's designee shall keep complete minutes of all
18proceedings before the board of canvassers or the chairperson secretary or designee.
19The minutes shall include a record of objections and offers of evidence. If the board
20of canvassers or the commission chairperson secretary of state or the chairperson's
21secretary's designee receives exhibits from any party, the board of canvassers or the
22chairperson secretary or designee shall number and preserve the exhibits. The board
23of canvassers or the chairperson secretary or chairperson's secretary's designee shall
24make specific findings of fact with respect to any irregularity raised in the petition
25or discovered during the recount. Any member of the board of canvassers or the

1chairperson secretary or chairperson's secretary's designee may administer oaths,
2certify official acts, and issue subpoenas for purposes of this section. Witness fees
3shall be paid by the county. In the case of proceedings before the commission
4chairperson
secretary of state or chairperson's the secretary's designee, witness fees
5shall be paid by the commission secretary of state.
AB981,249 6Section 249. 9.01 (5) (bm) of the statutes is amended to read:
AB981,110,187 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers
8shall deliver to the commission secretary of state one copy of the minutes of the
9proceedings kept under par. (a). In addition, in the case of a recount of an election
10for state or national office, for each candidate whose name appears on the ballot for
11that office under the name of a political party, the board of canvassers shall deliver
12one copy of the minutes to the chief officer, if any, who is named in any registration
13statement filed under s. 11.0302 by the state committee of that political party, and
14in the case of a recount of an election for county office, for each candidate whose name
15appears on the ballot for that office under the name of a political party, the board of
16canvassers shall deliver one copy of the minutes to the chief officer, if any, who is
17named in any registration statement filed under s. 11.0302 by the county committee
18of that political party.
AB981,250 19Section 250. 9.01 (5) (c) of the statutes is amended to read:
AB981,111,820 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers
21and the result is required to be reported to a county board of canvassers or to the
22commission chairperson secretary of state or the chairperson's secretary's designee,
23the board of canvassers making the initial recount shall immediately certify the
24results to the county board of canvassers or to the commission chairperson secretary
25of state
or designee. If a county board of canvassers receives such results, it shall

1then convene not later than 9 a.m. on the next business day following receipt to
2examine the returns and determine the results. If the commission chairperson
3secretary of state or the chairperson's secretary's designee receives such results, the
4chairperson secretary or designee shall publicly examine the returns and determine
5the results not later than 9 a.m. on the 3rd business day following receipt, but if that
6day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the
7commission chairperson secretary or designee may examine the returns and
8determine the results not later than the day specified in s. 7.70 (3) (a).
AB981,251 9Section 251. 9.01 (6) (a) of the statutes is amended to read:
AB981,111,2510 9.01 (6) (a) Within 5 business days after completion of the recount
11determination by the board of canvassers in all counties concerned, or within 5
12business days after completion of the recount determination by the commission
13chairperson
secretary of state or the chairperson's secretary's designee whenever a
14determination is made by the chairperson secretary or designee, any candidate, or
15any elector when for a referendum, aggrieved by the recount may appeal to circuit
16court. The appeal shall commence by serving a written notice of appeal on the other
17candidates and persons who filed a written notice of appearance before each board
18of canvassers whose decision is appealed, or in the case of a statewide recount, before
19the commission chairperson secretary of state or the chairperson's secretary's
20designee. The appellant shall also serve notice on the commission secretary of state
21if the commission chairperson secretary or the chairperson's secretary's designee is
22responsible for determining the election. The appellant shall serve the notice by
23certified mail or in person. The appellant shall file the notice with the clerk of circuit
24court together with an undertaking and surety in the amount approved by the court,
25conditioned upon the payment of all costs taxed against the appellant.
AB981,252
1Section 252. 9.01 (7) (a) of the statutes is amended to read:
AB981,112,92 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
3order directing each affected county, municipal clerk, or board, and the commission
4secretary of state, to transmit immediately all ballots, papers and records affecting
5the appeal to the clerk of court or to impound and secure such ballots, papers and
6records, or both. The order shall be served upon each affected county, municipal
7clerk, or board, the commission secretary of state, and all other candidates and
8persons who filed a written notice of appearance before any board of canvassers
9involved in the recount.
AB981,253 10Section 253. 9.01 (8) (a) of the statutes is amended to read:
AB981,112,1311 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the
12determination of the board of canvassers or the commission chairperson secretary
13of state
or chairperson's secretary's designee, it shall affirm the determination.
AB981,254 14Section 254. 9.01 (8) (c) of the statutes is amended to read:
AB981,113,215 9.01 (8) (c) The court may not receive evidence not offered to the board of
16canvassers or the commission chairperson secretary of state or the chairperson's
17secretary's designee except for evidence that was unavailable to a party exercising
18due diligence at the time of the recount or newly discovered evidence that could not
19with due diligence have been obtained during the recount, and except that the court
20may receive evidence not offered at an earlier time because a party was not
21represented by counsel in all or part of a recount proceeding. A party who fails to
22object or fails to offer evidence of a defect or irregularity during the recount waives
23the right to object or offer evidence before the court except in the case of evidence that
24was unavailable to a party exercising due diligence at the time of the recount or
25newly discovered evidence that could not with due diligence have been obtained

1during the recount or evidence received by the court due to unavailability of counsel
2during the recount.
AB981,255 3Section 255. 9.01 (8) (d) of the statutes is amended to read:
AB981,113,154 9.01 (8) (d) The court shall set aside or modify the determination of the board
5of canvassers or the commission chairperson secretary of state or the chairperson's
6secretary's designee if it finds that the board of canvassers or the chairperson
7secretary or chairperson's secretary's designee has erroneously interpreted a
8provision of law and a correct interpretation compels a particular action. If the
9determination depends on any fact found by the board of canvassers or the
10commission chairperson secretary of state or the chairperson's secretary's designee,
11the court may not substitute its judgment for that of the board of canvassers or the
12chairperson secretary or designee as to the weight of the evidence on any disputed
13finding of fact. The court shall set aside the determination if it finds that the
14determination depends on any finding of fact that is not supported by substantial
15evidence.
AB981,256 16Section 256. 9.01 (10) of the statutes is amended to read:
AB981,113,2317 9.01 (10) Standard forms and methods. The commission secretary of state
18shall prescribe standard forms and procedures for the making of recounts under this
19section. The procedures prescribed by the commission secretary shall require the
20boards of canvassers in recounts involving more than one board of canvassers to
21consult with the commission staff office of the secretary of state prior to beginning
22any recount in order to ensure that uniform procedures are used, to the extent
23practicable, in such recounts.
AB981,257 24Section 257. 10.01 (1) of the statutes is amended to read:
AB981,114,9
110.01 (1) The form of the various election notices shall be prescribed by the
2commission secretary of state to standardize election notices. To accomplish this
3purpose, the commission secretary shall make rules and draft whatever forms it the
4secretary
considers necessary. Notification or certification lists of candidates or
5referenda questions sent to the county clerks shall prescribe the form in which the
6county clerks shall publish the relevant portions of the notice and any additional
7county offices and referenda questions. The commission secretary of state shall also
8prescribe the provisions for municipal notices which shall be sent to each county
9clerk who shall immediately forward them to each municipal clerk.
AB981,258 10Section 258. 10.01 (2) (intro) of the statutes is amended to read:
AB981,114,1411 10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices,
12modified as necessary to apply to the various elections, which shall be published in
13substantially the same form as prescribed by the commission secretary of state. The
145 types of notices are:
AB981,259 15Section 259. 10.02 (1) of the statutes is amended to read:
AB981,114,1916 10.02 (1) Before any election an appropriate type B notice shall be published
17in substantially the form prescribed by the commission secretary of state at the times
18prescribed in s. 10.06. The type B notice shall include the following relevant sections
19and be within the guidelines established in this section.
AB981,260 20Section 260. 10.02 (2) (c) of the statutes is amended to read:
AB981,115,621 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size
22and style of type and the general display of the facsimile ballots shall be prescribed
23by the commission secretary of state and shall conform to the form prescribed by the
24commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6
25inches in width and the ballot size may be reduced. Voting machine facsimile ballots

1shall show a reduced diagram of the front of the voting machine and instructions to
2electors on how to vote on the machine. If the ballots in the wards or election districts
3within a county or municipality are identical but for the names of different
4candidates, districts or seats, the facsimile ballot may show the ballot for one ward
5or election district, accompanied by a list of candidates, districts and seats to be voted
6upon in the other wards or election districts.
AB981,261 7Section 261. 10.02 (3) (intro.) of the statutes is amended to read:
AB981,115,88 10.02 (3) (intro.) The notice shall contain the following:
AB981,115,99 FACSIMILE BALLOT NOTICE
AB981,115,1010 OF .... ELECTION
AB981,115,1111 Office of .... [County] [Municipal] Clerk.
AB981,115,1212 To the Electors of .... [County] [Municipality]:
AB981,115,1913 Notice is hereby given of a .... election to be held in the several wards in the
14[county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers
15named below shall be chosen. The names of the candidates for each office to be voted
16for, whose nominations have been certified to or filed in this office, are given under
17the title of the office and under the appropriate party or other designation, each in
18its proper column, together with the questions submitted to a vote, in the sample
19ballot below.
AB981,115,2020 INFORMATION TO ELECTORS
AB981,115,2321 Except where a different statement is prescribed by the commission secretary
22of state
for use in whole or in part by municipalities using electronic voting systems
23under s. 5.95, the voting instructions shall be given substantially as follows:
AB981,262 24Section 262. 10.06 (1) of the statutes is amended to read:
AB981,116,3
110.06 (1) Elections commission Secretary of state . (a) On or before November
215 preceding a spring election the commission secretary of state shall send a type A
3notice to each county clerk.
AB981,116,74 (c) As soon as possible after the deadline for filing nomination papers for the
5spring election, but no later than the 2nd Tuesday in January, the commission
6secretary of state shall send a type B notice certifying the list of candidates to each
7county clerk if a primary is required.
AB981,116,148 (e) As soon as possible following the state canvass of the spring primary vote,
9but no later than the first Tuesday in March, the commission secretary of state shall
10send a type B notice certifying to each county clerk the list of candidates for the
11spring election. When no state spring primary is held, this notice shall be sent under
12par. (c). When there is a referendum, the commission secretary shall send type A and
13C notices certifying each question to the county clerks as soon as possible, but no later
14than the first Tuesday in March.
AB981,116,1715 (f) On or before the 3rd Tuesday in March preceding a partisan primary and
16general election the commission secretary of state shall send a type A notice to each
17county clerk.
AB981,116,2118 (h) As soon as possible after the deadline for determining ballot arrangement
19for the partisan primary on June 10, the commission secretary of state shall send a
20type B notice to each county clerk certifying the list of candidates for the partisan
21primary.
AB981,116,2522 (i) As soon as possible after the state canvass, but no later than the 4th Tuesday
23in August, the commission secretary of state shall send a type B notice certifying the
24list of candidates and type A and C notices certifying each question for any
25referendum to each county clerk for the general election.
AB981,263
1Section 263. 10.06 (2) (a) of the statutes is amended to read:
AB981,117,52 10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each
3county clerk shall publish a type A notice based on the notice received from the
4commission secretary of state for all state offices to be filled at the election by any
5electors voting in the county and a similar notice incorporating any county offices.
AB981,264 6Section 264. 10.06 (2) (b) of the statutes is amended to read:
AB981,117,127 10.06 (2) (b) Upon receipt of the type B notice from the commission secretary
8of state
preceding the spring election each county clerk shall add any county offices,
9prepare the ballots, and send notice to each municipal clerk of the spring primary.
10When there is no state spring primary within the county, but there is to be a county
11spring primary, the county clerk shall prepare the ballots and send notice to each
12municipal clerk.
AB981,265 13Section 265. 10.06 (2) (e) of the statutes is amended to read:
AB981,117,1614 10.06 (2) (e) Upon receipt of the type B notice from the commission secretary
15of state
each county clerk shall add any county offices and referenda, prepare the
16ballots and send notice to each municipal clerk of the coming spring election.
AB981,266 17Section 266. 10.06 (2) (h) of the statutes is amended to read:
AB981,117,2218 10.06 (2) (h) On the 2nd Tuesday in April preceding a partisan primary and
19general election, the county clerk shall publish a type A notice based on the notice
20received from the commission secretary of state for all national and state offices to
21be filled at the election by any electors voting in the county and incorporating county
22offices.
AB981,267 23Section 267. 10.06 (2) (k) of the statutes is amended to read:
AB981,118,224 10.06 (2) (k) Upon receipt of the type B notice from the commission secretary
25of state
preceding the general election, the county clerk shall add county offices and

1referenda, if any, and send notice to each municipal clerk of the coming general
2election and prepare the ballots.
AB981,268 3Section 268. 12.01 (intro.) and (1) of the statutes are consolidated,
4renumbered 12.01 and amended to read:
AB981,118,7 512.01 Definitions. The definitions given under s. 11.0101 apply to this
6chapter, except as follows: (1) “ Candidate" that “candidate” includes a candidate for
7national office.
AB981,269 8Section 269. 12.01 (2) of the statutes is repealed.
AB981,270 9Section 270. 12.13 (5) (a) of the statutes is amended to read:
AB981,118,1810 12.13 (5) (a) Except as specifically authorized by law and except as provided
11in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or
12member or employee of the commission secretary of state may disclose information
13related to an investigation or prosecution under chs. 5 to 10 or 12, or any other law
14specified in s. 978.05 (1) or (2) or provide access to any record of the investigator,
15prosecutor, or the commission secretary of state that is not subject to access under
16s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or
17investigator or a member, an employee, or agent of the commission secretary of state
18prior to presenting the information or record in a court of law.
AB981,271 19Section 271. 12.13 (5) (b) (intro.) of the statutes is amended to read:
AB981,118,2220 12.13 (5) (b) (intro.) This subsection does not apply to any of the following
21communications made by an investigator, prosecutor, employee of an investigator or
22prosecutor, or member or employee of the commission secretary of state:
AB981,272 23Section 272. 12.13 (5) (b) 3. of the statutes is amended to read:
AB981,119,224 12.13 (5) (b) 3. Communications made to the attorney of an investigator,
25prosecutor, or employee, or member of the commission secretary of state or to a

1person or the attorney of a person who is investigated or prosecuted by the
2commission secretary of state.
AB981,273 3Section 273. 13.123 (3) (b) 2. of the statutes is amended to read:
AB981,119,74 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is
5bound by the determination of the chairperson of the elections commission secretary
6of state
or the chairperson's secretary's designee if such determination has been
7issued.
AB981,274 8Section 274. 13.23 of the statutes is amended to read:
AB981,119,18 913.23 Election contests; notice. Any person wishing to contest the election
10of any senator or member of the assembly shall, within 30 days after the decision of
11the board of canvassers, serve a notice in writing on the person whose election the
12contestant intends to contest, stating briefly that the election will be contested and
13the cause of such contest, and shall file a copy thereof in the office of the elections
14commission
secretary of state at least 10 days before the day fixed by law for the
15meeting of the legislature. The elections commission secretary of state shall then
16send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of
17such notice, the contestant shall not be entitled to any mileage or salary in case
18payment has been made therefor to the sitting member.
AB981,275 19Section 275. 14.38 (10m) of the statutes is amended to read:
AB981,119,2520 14.38 (10m) Notification of constitutional amendment. If an amendment to
21the Wisconsin Constitution is approved that requires the legislature to provide for
22temporary succession to the powers and duties of public offices for the period of an
23emergency resulting from a cause other than an enemy action, within 30 days after
24the elections commission secretary of state records the approval under s. 7.70 (3) (h),
25notify the legislature that the amendment has been approved.
AB981,276
1Section 276. 15.01 (2) of the statutes is amended to read:
AB981,120,122 15.01 (2) “Commission" means a 3-member governing body in charge of a
3department or independent agency or of a division or other subunit within a
4department, except for the employment relations commission which shall consist of
5one chairperson, the Wisconsin waterways commission which shall consist of 5
6members, the elections commission which shall consist of at least 6 members, the
7ethics commission which shall consist of at least 6 members, and the parole
8commission which shall consist of 4 members. A Wisconsin group created for
9participation in a continuing interstate body, or the interstate body itself, shall be
10known as a “commission", but is not a commission for purposes of s. 15.06. The parole
11commission created under s. 15.145 (1) shall be known as a “commission", but is not
12a commission for purposes of s. 15.06.
AB981,277 13Section 277. 15.06 (1) (d) of the statutes is repealed.
AB981,278 14Section 278. 15.06 (2) (b) 1. of the statutes is repealed.
AB981,279 15Section 279. 15.06 (2) (b) 2. of the statutes is renumbered 15.06 (2) (b).
AB981,280 16Section 280. 15.06 (3) (a) 5. of the statutes is repealed.
AB981,281 17Section 281. 15.06 (5) of the statutes is amended to read:
AB981,120,2318 15.06 (5) Frequency of meetings; place. Every commission shall meet on the
19call of the chairperson or a majority of its members. Every commission shall
20maintain its offices in Madison, but may meet or hold hearings at such other
21locations as will best serve the citizens of this state. The elections commission and
22the
ethics commission shall meet in person at least 4 times each year and shall
23conduct meetings in accordance with accepted parliamentary procedure.
AB981,282 24Section 282. 15.06 (6) of the statutes is amended to read:
AB981,121,4
115.06 (6) Quorum. A majority of the membership of a commission constitutes
2a quorum to do business, except that vacancies shall not prevent a commission from
3doing business. This subsection does not apply to the parole commission , elections
4commission,
or ethics commission.
AB981,283 5Section 283. 15.06 (10) of the statutes is amended to read:
AB981,121,96 15.06 (10) Compensation. A member of the elections commission and a member
7of the ethics commission shall receive a per diem of $115 for each day on which the
8member attends or participates by audio or video conference call in a meeting of the
9member's commission.
AB981,284 10Section 284. 15.61 of the statutes is repealed.
AB981,285 11Section 285. 16.79 (2) of the statutes is amended to read:
AB981,121,1912 16.79 (2) The department shall distribute in pamphlet form copies of the
13constitution and such laws as may be required to meet the public demand, including
14the election laws. The department shall distribute election manuals, forms, and
15supplies specified by the elections commission secretary of state. The laws, manuals,
16forms, and supplies shall be sold by the department at cost, including distribution
17cost as determined under s. 35.80. The elections commission secretary of state shall
18inform the department in writing as to which election manuals, forms, and supplies
19shall be offered for distribution under this subsection.
AB981,286 20Section 286. 16.96 (3) (b) of the statutes is amended to read:
AB981,121,2421 16.96 (3) (b) Maintain and keep current throughout the decade the maps of
22congressional and legislative district boundaries received from the legislative
23reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections
24commission
secretary of state.
AB981,287 25Section 287. 17.17 (1) of the statutes is amended to read:
AB981,122,4
117.17 (1) Senators and members of congress. In the office of United States
2senator or member of congress from this state, by the county clerk of the county
3wherein such officer resided at the time of election, to the elections commission
4secretary of state.
AB981,288 5Section 288. 17.17 (4) of the statutes is amended to read:
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