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AB981,22 13Section 22. 5.05 (2m) (c) 16. of the statutes is amended to read:
AB981,13,2314 5.05 (2m) (c) 16. Except as provided in subd. 17., if the commission secretary
15of state
refers a matter to a district attorney under subd. 15. for prosecution of a
16potential violation under subd. 2. or 14. and the district attorney informs the
17commission secretary that he or she declines to prosecute any alleged civil or
18criminal violation related to any matter referred to the district attorney by the
19commission secretary, or the district attorney fails to commence a prosecution of any
20civil or criminal violation related to any matter referred to the district attorney by
21the commission secretary within 60 days of the date of the commission's referral, the
22commission secretary may refer the matter to the attorney general. The attorney
23general may then commence a civil or criminal prosecution relating to the matter.
AB981,23 24Section 23. 5.05 (2m) (c) 17. of the statutes is amended to read:
AB981,14,3
15.05 (2m) (c) 17. The commission secretary of state is not authorized to act
2under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of
3the district attorney specified in subd. 11.
AB981,24 4Section 24. 5.05 (2m) (c) 18. of the statutes is amended to read:
AB981,14,125 5.05 (2m) (c) 18. Whenever the commission secretary of state refers a matter
6to special counsel or to a district attorney or to the attorney general under this
7subsection, the special counsel, district attorney, or attorney general shall report to
8the commission secretary of state concerning any action taken regarding the matter.
9The report shall be transmitted no later than 40 days after the date of the referral.
10If the matter is not disposed of during that period, the special counsel, district
11attorney, or attorney general shall file a subsequent report at the end of each 30-day
12period following the filing of the initial report until final disposition of the matter.
AB981,25 13Section 25. 5.05 (2m) (d) 1. of the statutes is repealed.
AB981,26 14Section 26. 5.05 (2m) (d) 2. of the statutes is renumbered 5.05 (2m) (d) and
15amended to read:
AB981,14,2316 5.05 (2m) (d) No employee of the commission office of the secretary of state,
17while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state
18or partisan local office. No individual who is retained by the commission office of the
19secretary of state
to serve as a special investigator or as special counsel may, while
20so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local
21office. A filing officer shall decline to accept nomination papers or a declaration of
22candidacy from any individual who does not qualify to become a candidate under this
23paragraph.
AB981,27 24Section 27. 5.05 (2m) (e) of the statutes is amended to read:
AB981,15,10
15.05 (2m) (e) No individual who serves as an employee of the commission office
2of the secretary of state
and no individual who is retained by the commission office
3of the secretary of state
to serve as a special investigator or a special counsel may,
4while so employed or retained, make a contribution to a candidate for state or local
5office. No individual who serves as an employee of the commission office of the
6secretary of state
and no individual who is retained by the commission office of the
7secretary of state
to serve as a special investigator or as special counsel, for 12
8months prior to becoming so employed or retained, may have made a contribution to
9a candidate for a partisan state or local office. In this paragraph, contribution has
10the meaning given in s. 11.0101 (8).
AB981,28 11Section 28. 5.05 (2m) (f) (intro.) of the statutes is amended to read:
AB981,15,1312 5.05 (2m) (f) (intro.) Pursuant to any investigation authorized under par. (c),
13the commission secretary of state has the power:
AB981,29 14Section 29. 5.05 (2m) (f) 1. of the statutes is amended to read:
AB981,15,1815 5.05 (2m) (f) 1. To require any person to submit in writing such reports and
16answers to questions relevant to the proceedings as the commission office of the
17secretary of state
may prescribe, such submission to be made within such period and
18under oath or otherwise as the commission office may determine.
AB981,30 19Section 30. 5.05 (2m) (f) 2. of the statutes is amended to read:
AB981,15,2320 5.05 (2m) (f) 2. To order testimony to be taken by deposition before any
21individual who is designated by the commission secretary of state and has the power
22to administer oaths, and, in such instances, to compel testimony and the production
23of evidence in the same manner as authorized by sub. (1) (b).
AB981,31 24Section 31. 5.05 (2m) (h) of the statutes is amended to read:
AB981,16,6
15.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
212 is a district attorney or a circuit judge or a candidate for either such office, the
3action shall be brought by the commission secretary of state. If the defendant in an
4action for a civil violation of chs. 5 to 10 or 12 is the attorney general or a candidate
5for that office, the commission secretary of state may appoint special counsel to bring
6suit on behalf of the state.
AB981,32 7Section 32. 5.05 (2m) (i) of the statutes is amended to read:
AB981,16,138 5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
910 or 12 is a district attorney or a circuit judge or a candidate for either such office,
10the action shall be brought by the attorney general. If the defendant in an action for
11a criminal violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that
12office, the commission secretary of state may appoint a special prosecutor to conduct
13the prosecution on behalf of the state.
AB981,33 14Section 33. 5.05 (2m) (k) of the statutes is amended to read:
AB981,16,1715 5.05 (2m) (k) The commission's power of the secretary of state to initiate civil
16actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the
17exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
AB981,34 18Section 34. 5.05 (2q) of the statutes is amended to read:
AB981,17,1719 5.05 (2q) Supplemental funding for ongoing investigations. The commission
20secretary of state may request supplemental funds to be credited to the
21appropriation account under s. 20.510 (1) 20.575 (2) (be) for the purpose of continuing
22an ongoing investigation initiated under sub. (2m). A request under this subsection
23shall be filed with the secretary of administration and the cochairpersons of the joint
24committee on finance in writing and shall contain a statement of the action
25requested, the purposes therefor, the statutory provision authorizing or directing the

1performance of the action, and information about the nature of the investigation for
2which the commission secretary of state seeks supplemental funds, excluding the
3name of any individual or organization that is the subject of the investigation. If the
4cochairpersons of the joint committee on finance do not notify the secretary of
5administration that the committee has scheduled a meeting for the purpose of
6reviewing the request within 14 working days after the commission secretary of state
7filed the request, the secretary of administration shall supplement the appropriation
8under s. 20.510 (1) 20.575 (2) (be) from the appropriation under s. 20.505 (1) (d) in
9an amount not to exceed the amount the commission secretary of state requested.
10If, within 14 working days after the commission secretary of state filed the request,
11the cochairpersons of the joint committee on finance notify the secretary of
12administration
that the committee has scheduled a meeting for the purpose of
13reviewing the commission's secretary of state's request under this subsection, the
14secretary of administration may supplement the appropriation under s. 20.510 (1)
1520.575 (2) (be) only with the committee's approval. The committee and the secretary
16of administration shall notify the commission secretary of state of all their actions
17taken under this subsection.
AB981,35 18Section 35. 5.05 (2w) of the statutes is amended to read:
AB981,17,2019 5.05 (2w) Elections commission Secretary of state. The elections commission
20secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.
AB981,36 21Section 36. 5.05 (3d) of the statutes is amended to read:
AB981,18,422 5.05 (3d) Administrator Personnel. The commission shall appoint an
23administrator in the manner provided under s. 15.61 (1) (b). The administrator shall
24be outside the classified service.
The administrator secretary of state shall appoint
25such other personnel as he or she requires to carry out the duties of the commission

1office of the secretary of state in the administration of chs. 5 to 10 and 12 and may
2designate a commission an employee to serve as the commission's legal counsel. The
3administrator shall perform such duties as the commission assigns to him or her in
4the administration of chs. 5 to 10 and 12.
AB981,37 5Section 37. 5.05 (3g) of the statutes is amended to read:
AB981,18,76 5.05 (3g) Chief election officer. The commission administrator secretary of
7state
shall serve as the chief election officer of this state.
AB981,38 8Section 38. 5.05 (4) of the statutes is amended to read:
AB981,18,109 5.05 (4) Employees. All employees of the commission office of the secretary of
10state involved in the administration of chs. 5 to 10 and 12
shall be nonpartisan.
AB981,39 11Section 39. 5.05 (5e) of the statutes is amended to read:
AB981,19,212 5.05 (5e) Annual report. The commission office of the secretary of state shall
13submit an annual report under s. 15.04 (1) (d) and shall include in its annual report
14the names and duties of all individuals employed by the commission office and a
15summary of its determinations and advisory opinions issued under sub. (6a). Except
16as authorized or required under sub. (5s) (f), the commission office shall make
17sufficient alterations in the summaries to prevent disclosing the identities of
18individuals or organizations involved in the decisions or opinions. The commission
19office shall identify in its report the statutory duties of the commission administrator
20secretary of state, together with a description of the manner in which those duties
21are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission office
22of the secretary of state
shall also specify in its report the total number of
23investigations conducted by the commission office since the last annual report and
24a description of the nature of each investigation. The commission office shall make

1such further reports on the matters within its jurisdiction and such
2recommendations for further legislation as it deems desirable.
AB981,40 3Section 40. 5.05 (5f) of the statutes is amended to read:
AB981,19,74 5.05 (5f) Advice to commission the secretary. The joint committee on
5legislative organization shall be advisory to the commission secretary of state on all
6matters relating to operation of the commission office of the secretary of state with
7regard to the administration of chs. 5 to 10 and 12
.
AB981,41 8Section 41. 5.05 (5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and
9(f) of the statutes, as affected by 2021 Wisconsin Act 38, are amended to read:
AB981,19,1310 5.05 (5s) Access to records. (intro.) Records obtained or prepared by the
11commission office of the secretary of state in connection with an investigation,
12including the full text of any complaint received by the commission office, are not
13subject to the right of inspection and copying under s. 19.35 (1), except as follows:
AB981,20,414 (a) The commission office shall permit inspection of records that are distributed
15or discussed in the course of a meeting or hearing by the commission office in open
16session. The commission office shall post on its Internet site the draft minutes of
17each meeting or hearing conducted by the commission office in open session no later
18than 48 hours after the completion of the meeting or hearing. The commission office
19shall post minutes approved by the commission office no later than 48 hours after the
20minutes are approved. The commission office may indicate whether minutes posted
21on its Internet site have been approved by the commission office or are in draft form.
22Minutes posted pursuant to this paragraph shall include a summary of every action
23that the commission voted on, a record of each member's vote for or against every
24action requiring a vote, a record of all motions and seconds made by each member,
25including the full text of each motion debated and voted on by the commission, and

1a record of each member's status as being present or absent for any part of a meeting
2or hearing
taken by the office. The commission office shall maintain all minutes
3published under this paragraph on its Internet site so that the minutes are accessible
4to the public at all times.
AB981,20,75 (am) The commission office shall provide to the joint committee on finance
6records obtained or prepared by the commission office in connection with an ongoing
7investigation when required under sub. (2q).
AB981,20,98 (b) Investigatory records of the commission office may be made public in the
9course of a prosecution initiated under chs. 5 to 10 or 12.
AB981,20,1210 (bm) The commission office shall provide investigatory records to the state
11auditor and the employees of the legislative audit bureau to the extent necessary for
12the bureau to carry out its duties under s. 13.94.
AB981,20,1613 (c) The commission office shall provide information from investigation and
14hearing records that pertains to the location of individuals and assets of individuals
15as requested under s. 49.22 (2m) by the department of children and families or by a
16county child support agency under s. 59.53 (5).
AB981,20,2217 (d) If the commission office commences a civil prosecution of a person for an
18alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who
19is the subject of the investigation may authorize the commission office to make
20available for inspection and copying under s. 19.35 (1) records of the investigation
21pertaining to that person if the records are available by law to the subject person and
22the commission office shall then make those records available.
AB981,20,2423 (e) (intro.) The following records of the commission office are open to public
24inspection and copying under s. 19.35 (1):
AB981,21,2
11. Any record of the action of the commission office authorizing the filing of a
2civil complaint under sub. (2m) (c) 6.
AB981,21,43 2. Any record of the action of the commission office referring a matter to a
4district attorney or other prosecutor for investigation or prosecution.
AB981,21,95 (f) The commission office shall make public formal and informal advisory
6opinions and records obtained in connection with requests for formal or informal
7advisory opinions relating to matters under the jurisdiction of the commission office,
8including the identity of individuals requesting such opinions or organizations or
9governmental bodies on whose behalf they are requested.
AB981,42 10Section 42. 5.05 (5t) of the statutes is amended to read:
AB981,21,1711 5.05 (5t) Guidance following binding court decisions. Within 2 months
12following the publication of a decision of a state or federal court that is binding on
13the commission secretary of state and this state, the commission secretary of state
14shall issue updated guidance or formal advisory opinions, commence the
15rule-making procedure to revise administrative rules promulgated by the
16commission,
or request an opinion from the attorney general on the applicability of
17the court decision.
AB981,43 18Section 43. 5.05 (6a) of the statutes is amended to read:
AB981,22,819 5.05 (6a) Advisory opinions. (a) 1. Any individual, either personally or on
20behalf of an organization or governmental body, may make a request of the
21commission the secretary of state in writing, electronically, or by telephone for a
22formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12
23of any matter to which the person is or may become a party. Any appointing officer,
24with the consent of a prospective appointee, may request of the commission secretary
25a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or

112 of any matter to which the prospective appointee is or may become a party. The
2commission secretary shall review a request for an advisory opinion and may issue
3a formal or informal written or electronic advisory opinion to the person making the
4request. Except as authorized or required for opinions specified in sub. (5s) (f), the
5commission's deliberations and actions of the secretary and the office of the secretary
6upon such requests shall be in meetings not open to the public. A member of the
7commission may, by written request, require the commission to review an advisory
8opinion.
AB981,22,159 2. To have legal force and effect, each formal and informal advisory opinion
10issued by the commission secretary of state must be supported by specific legal
11authority under a statute or other law, or by specific case or common law authority.
12Each formal and informal advisory opinion shall include a citation to each statute
13or other law and each case or common law authority upon which the opinion is based,
14and shall specifically articulate or explain which parts of the cited authority are
15relevant to the commission's conclusion of the secretary and why they are relevant.
AB981,22,1916 3. No person acting in good faith upon a formal or informal advisory opinion
17issued by the commission secretary of state under this subsection is subject to
18criminal or civil prosecution for so acting, if the material facts are as stated in the
19opinion request.
AB981,23,620 4. At each regular meeting of the commission, the administrator shall review
21informal advisory opinions requested of and issued by the administrator and that
22relate to recurring issues or issues of first impression for which no formal advisory
23opinion has been issued.
The commission secretary of state may determine to issue
24a formal advisory opinion adopting or modifying the informal advisory opinion. If
25the commission secretary disagrees with a formal or informal advisory opinion that

1has been issued by or on behalf of the commission secretary, the commission
2secretary may withdraw the opinion, issue a revised formal or informal advisory
3opinion, or request an opinion from the attorney general. No person acting after the
4date of the withdrawal or issuance of the revised advisory opinion is exempted from
5prosecution under this subsection if the opinion upon which the person's action is
6based has been withdrawn or revised in relevant degree.
AB981,23,107 5. Except as authorized or required under sub. (5s) (f), no member or employee
8of the commission office of the secretary of state may make public the identity of the
9individual requesting a formal or informal advisory opinion or of individuals or
10organizations mentioned in the opinion.
AB981,23,1611 (b) 1. The commission may authorize the commission administrator or his or
12her designee to issue an informal written advisory opinion or transmit an informal
13advisory opinion electronically on behalf of the commission, subject to such
14limitations as the commission deems appropriate.
Every informal advisory opinion
15shall be consistent with applicable formal advisory opinions issued by the
16commission secretary of state, statute or other law, and case law.
AB981,23,2217 2. Any individual may request in writing, electronically, or by telephone an
18informal advisory opinion from the commission secretary of state under this
19paragraph. The commission's designee secretary shall provide a written response,
20a written reference to an applicable statute or law, or a written reference to a formal
21advisory opinion of the commission secretary to the individual, or shall refer the
22request to the commission for review and the issuance of a formal advisory opinion
.
AB981,23,2523 3. Any person receiving an informal advisory opinion under this paragraph
24may, at any time, request a formal advisory opinion from the commission secretary
25of state
on the same matter.
AB981,24,9
1(c) 1. Any individual may request in writing, electronically, or by telephone a
2formal advisory opinion from the commission secretary of state or the review or
3modification of a formal advisory opinion issued by the commission secretary under
4this paragraph. The individual making the request shall include all pertinent facts
5relevant to the matter. The commission secretary shall review a request for a formal
6advisory opinion and may issue a formal advisory opinion to the individual making
7the request. Except as authorized or required for opinions specified in sub. (5s) (f),
8the commission's deliberations and actions of the secretary and the office of the
9secretary of state
upon such requests shall be in meetings not open to the public.
AB981,24,1310 2. Any person requesting a formal advisory opinion under this paragraph may
11request a public or private hearing before the commission secretary of state to
12discuss the opinion. The commission secretary shall grant a request for a public or
13private hearing under this paragraph.
AB981,24,1714 3. Promptly upon issuance of each formal advisory opinion, the commission
15secretary of state shall publish the opinion together with the information specified
16under sub. (5s) (f) on the commission's Internet site of the office of the secretary of
17state
.
AB981,24,2018 4. If the commission secretary of state declines to issue a formal advisory
19opinion, it the secretary may refer the matter to the attorney general or to the
20standing legislative oversight committees.
AB981,44 21Section 44. 5.05 (7) of the statutes is amended to read:
AB981,25,722 5.05 (7) Administrative meetings and conferences. The commission office of
23the secretary of state
shall conduct regular information and training meetings at
24various locations in the state for county and municipal clerks and other election
25officials. Administrative meetings shall be designed to explain the election laws and

1the forms and rules of the commission, opinions, and guidance issued by the office,
2to promote uniform procedures and to assure that clerks and other officials are made
3aware of the integrity and importance of the vote of each citizen. The commission
4office may conduct conferences relating to election laws, practice, and procedure.
5The commission office may charge persons attending the administrative meetings
6and conferences for its costs incurred in conducting the meetings and conferences at
7a rate not exceeding the per capita cost incurred by the commission office.
AB981,45 8Section 45. 5.05 (9) of the statutes is amended to read:
AB981,25,129 5.05 (9) Standing. The commission secretary of state has standing to
10commence or intervene in any civil action or proceeding for the purpose of enforcing
11the laws regulating the conduct of elections or election campaigns, other than laws
12regulating campaign financing, or ensuring their proper administration.
AB981,46 13Section 46. 5.05 (10) of the statutes is amended to read:
AB981,25,2514 5.05 (10) State election administration plan. With the approval of the joint
15committee on finance as provided in this subsection, the commission secretary of
16state
shall adopt and modify as necessary a state plan that meets the requirements
17of P.L. 107-252 to enable participation by this state in federal financial assistance
18programs authorized under that law. The commission secretary shall adopt the plan
19and any modifications only after publishing a class 1 notice under ch. 985 or posting
20on the Internet a statement describing the proposed plan or modification and
21receiving public comment thereon. After approval of the proposed plan or any
22modification of the plan by the commission secretary, the commission secretary shall
23submit the proposed plan or modification to the joint committee on finance for the
24approval of the committee. The commission secretary may adopt the proposed plan
25or modification only if the committee approves the proposed plan or modification.
AB981,47
1Section 47. 5.05 (11) of the statutes is amended to read:
AB981,26,122 5.05 (11) Aids to counties and municipalities. From the appropriations under
3s. 20.510 (1) 20.575 (2) (t) and (x), the commission secretary of state may provide
4financial assistance to eligible counties and municipalities for election
5administration costs in accordance with the plan adopted under sub. (10). As a
6condition precedent to receipt of assistance under this subsection, the commission
7secretary shall enter into an agreement with the county or municipality receiving the
8assistance specifying the intended use of the assistance and shall ensure compliance
9with the terms of the agreement. Each agreement shall provide that if the federal
10government objects to the use of any assistance moneys provided to the county or
11municipality under the agreement, the county or municipality shall repay the
12amount of the assistance provided to the commission secretary.
AB981,48 13Section 48. 5.05 (12) of the statutes is amended to read:
AB981,26,1914 5.05 (12) Voter education. The commission secretary of state may conduct or
15prescribe requirements for educational programs to inform electors about voting
16procedures, voting rights, and voting technology. The commission secretary shall
17conduct an educational program for the purpose of educating electors who cast paper
18ballots, ballots that are counted at a central counting location, and absentee ballots
19of the effect of casting excess votes for a single office.
AB981,49 20Section 49. 5.05 (13) (a) of the statutes is amended to read:
AB981,26,2521 5.05 (13) (a) The commission secretary of state shall maintain one or more
22toll-free telephone lines for electors to report possible voting fraud and voting rights
23violations, to obtain general election information, and to access information
24concerning their registration status, current polling place locations, and other
25information relevant to voting in elections.
AB981,50
1Section 50. 5.05 (13) (b) of the statutes is amended to read:
AB981,27,52 5.05 (13) (b) The commission secretary of state may maintain a free access
3system under which an elector who votes under s. 6.96 or 6.97 may ascertain current
4information concerning whether the elector's vote has been counted, and, if the vote
5will not be counted, the reason that it will not be counted.
AB981,51 6Section 51. 5.05 (13) (c) of the statutes is amended to read:
AB981,27,107 5.05 (13) (c) The commission secretary of state shall maintain a freely
8accessible system under which a military elector, as defined in s. 6.34 (1), or an
9overseas elector who casts an absentee ballot may ascertain whether the ballot has
10been received by the appropriate municipal clerk.
AB981,52 11Section 52. 5.05 (13) (d) (intro.) of the statutes is amended to read:
AB981,27,1412 5.05 (13) (d) (intro.) The commission secretary of state shall designate and
13maintain at least one freely accessible means of electronic communication which
14shall be used for the following purposes:
AB981,53 15Section 53. 5.05 (14) of the statutes is amended to read:
AB981,27,1916 5.05 (14) Information from county and municipal clerks. (a) The commission
17secretary of state may request information from county and municipal clerks
18relating to election administration, performance of electronic voting systems and
19voting machines, and use of paper ballots in elections.
AB981,27,2220 (b) The commission office of the secretary of state shall establish a subscription
21service whereby a person may electronically access the absentee ballot information
22provided under s. 6.33 (5) (a), including semiweekly updates of such information.
AB981,27,2523 (c) On election night the commission office of the secretary of state shall provide
24a link on its Internet site to the posting of each county's election returns on each
25county's Internet site.
AB981,54
1Section 54. 5.05 (15) of the statutes is amended to read:
AB981,28,72 5.05 (15) Registration list. The commission office of the secretary of state is
3responsible for the design and maintenance of the official registration list under s.
46.36. The commission secretary of state shall require all municipalities to use the
5list in every election and may require any municipality to adhere to procedures
6established by the commission office of the secretary of state for proper maintenance
7of the list.
AB981,55 8Section 55. 5.05 (16) of the statutes is amended to read:
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