AB981: Bill Text

AB981,17,20 5.05 (2w) Elections commission Secretary of state. The elections commission secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.

AB981,36 Section 36. 5.05 (3d) of the statutes is amended to read:

AB981,18,4 5.05 (3d) Administrator Personnel. The commission shall appoint an administrator in the manner provided under s. 15.61 (1) (b). The administrator shall be outside the classified service. The administrator secretary of state shall appoint such other personnel as he or she requires to carry out the duties of the commission office of the secretary of state in the administration of chs. 5 to 10 and 12 and may designate a commission an employee to serve as the commission's legal counsel. The administrator shall perform such duties as the commission assigns to him or her in the administration of chs. 5 to 10 and 12.

AB981,37 Section 37. 5.05 (3g) of the statutes is amended to read:

AB981,18,7 5.05 (3g) Chief election officer. The commission administrator secretary of state shall serve as the chief election officer of this state.

AB981,38 Section 38. 5.05 (4) of the statutes is amended to read:

AB981,18,10 5.05 (4) Employees. All employees of the commission office of the secretary of state involved in the administration of chs. 5 to 10 and 12 shall be nonpartisan.

AB981,39 Section 39. 5.05 (5e) of the statutes is amended to read:

AB981,19,2 5.05 (5e) Annual report. The commission office of the secretary of state shall submit an annual report under s. 15.04 (1) (d) and shall include in its annual report the names and duties of all individuals employed by the commission office and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f), the commission office shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The commission office shall identify in its report the statutory duties of the commission administrator secretary of state, together with a description of the manner in which those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission office of the secretary of state shall also specify in its report the total number of investigations conducted by the commission office since the last annual report and a description of the nature of each investigation. The commission office shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

AB981,40 Section 40. 5.05 (5f) of the statutes is amended to read:

AB981,19,7 5.05 (5f) Advice to commission the secretary. The joint committee on legislative organization shall be advisory to the commission secretary of state on all matters relating to operation of the commission office of the secretary of state with regard to the administration of chs. 5 to 10 and 12.

AB981,41 Section 41. 5.05 (5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f) of the statutes, as affected by 2021 Wisconsin Act 38, are amended to read:

AB981,19,13 5.05 (5s) Access to records. (intro.) Records obtained or prepared by the commission office of the secretary of state in connection with an investigation, including the full text of any complaint received by the commission office, are not subject to the right of inspection and copying under s. 19.35 (1), except as follows:

AB981,20,4 (a) The commission office shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the commission office in open session. The commission office shall post on its Internet site the draft minutes of each meeting or hearing conducted by the commission office in open session no later than 48 hours after the completion of the meeting or hearing. The commission office shall post minutes approved by the commission office no later than 48 hours after the minutes are approved. The commission office may indicate whether minutes posted on its Internet site have been approved by the commission office or are in draft form. Minutes posted pursuant to this paragraph shall include a summary of every action that the commission voted on, a record of each member's vote for or against every action requiring a vote, a record of all motions and seconds made by each member, including the full text of each motion debated and voted on by the commission, and a record of each member's status as being present or absent for any part of a meeting or hearing taken by the office. The commission office shall maintain all minutes published under this paragraph on its Internet site so that the minutes are accessible to the public at all times.

AB981,20,7 (am) The commission office shall provide to the joint committee on finance records obtained or prepared by the commission office in connection with an ongoing investigation when required under sub. (2q).

AB981,20,9 (b) Investigatory records of the commission office may be made public in the course of a prosecution initiated under chs. 5 to 10 or 12.

AB981,20,12 (bm) The commission office shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s. 13.94.

AB981,20,16 (c) The commission office shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of children and families or by a county child support agency under s. 59.53 (5).

AB981,20,22 (d) If the commission office commences a civil prosecution of a person for an alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who is the subject of the investigation may authorize the commission office to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the commission office shall then make those records available.

AB981,20,24 (e) (intro.) The following records of the commission office are open to public inspection and copying under s. 19.35 (1):

AB981,21,2 1. Any record of the action of the commission office authorizing the filing of a civil complaint under sub. (2m) (c) 6.

AB981,21,4 2. Any record of the action of the commission office referring a matter to a district attorney or other prosecutor for investigation or prosecution.

AB981,21,9 (f) The commission office shall make public formal and informal advisory opinions and records obtained in connection with requests for formal or informal advisory opinions relating to matters under the jurisdiction of the commission office, including the identity of individuals requesting such opinions or organizations or governmental bodies on whose behalf they are requested.

AB981,42 Section 42. 5.05 (5t) of the statutes is amended to read:

AB981,21,17 5.05 (5t) Guidance following binding court decisions. Within 2 months following the publication of a decision of a state or federal court that is binding on the commission secretary of state and this state, the commission secretary of state shall issue updated guidance or formal advisory opinions, commence the rule-making procedure to revise administrative rules promulgated by the commission, or request an opinion from the attorney general on the applicability of the court decision.

AB981,43 Section 43. 5.05 (6a) of the statutes is amended to read:

AB981,22,8 5.05 (6a) Advisory opinions. (a) 1. Any individual, either personally or on behalf of an organization or governmental body, may make a request of the commission the secretary of state in writing, electronically, or by telephone for a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the commission secretary a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the prospective appointee is or may become a party. The commission secretary shall review a request for an advisory opinion and may issue a formal or informal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission's deliberations and actions of the secretary and the office of the secretary upon such requests shall be in meetings not open to the public. A member of the commission may, by written request, require the commission to review an advisory opinion.

AB981,22,15 2. To have legal force and effect, each formal and informal advisory opinion issued by the commission secretary of state must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each formal and informal advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the commission's conclusion of the secretary and why they are relevant.

AB981,22,19 3. No person acting in good faith upon a formal or informal advisory opinion issued by the commission secretary of state under this subsection is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request.

AB981,23,6 4. At each regular meeting of the commission, the administrator shall review informal advisory opinions requested of and issued by the administrator and that relate to recurring issues or issues of first impression for which no formal advisory opinion has been issued. The commission secretary of state may determine to issue a formal advisory opinion adopting or modifying the informal advisory opinion. If the commission secretary disagrees with a formal or informal advisory opinion that has been issued by or on behalf of the commission secretary, the commission secretary may withdraw the opinion, issue a revised formal or informal advisory opinion, or request an opinion from the attorney general. No person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person's action is based has been withdrawn or revised in relevant degree.

AB981,23,10 5. Except as authorized or required under sub. (5s) (f), no member or employee of the commission office of the secretary of state may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion.

AB981,23,16 (b) 1. The commission may authorize the commission administrator or his or her designee to issue an informal written advisory opinion or transmit an informal advisory opinion electronically on behalf of the commission, subject to such limitations as the commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the commission secretary of state, statute or other law, and case law.

AB981,23,22 2. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission secretary of state under this paragraph. The commission's designee secretary shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission secretary to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.

AB981,23,25 3. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission secretary of state on the same matter.

AB981,24,9 (c) 1. Any individual may request in writing, electronically, or by telephone a formal advisory opinion from the commission secretary of state or the review or modification of a formal advisory opinion issued by the commission secretary under this paragraph. The individual making the request shall include all pertinent facts relevant to the matter. The commission secretary shall review a request for a formal advisory opinion and may issue a formal advisory opinion to the individual making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission's deliberations and actions of the secretary and the office of the secretary of state upon such requests shall be in meetings not open to the public.

AB981,24,13 2. Any person requesting a formal advisory opinion under this paragraph may request a public or private hearing before the commission secretary of state to discuss the opinion. The commission secretary shall grant a request for a public or private hearing under this paragraph.

AB981,24,17 3. Promptly upon issuance of each formal advisory opinion, the commission secretary of state shall publish the opinion together with the information specified under sub. (5s) (f) on the commission's Internet site of the office of the secretary of state.

AB981,24,20 4. If the commission secretary of state declines to issue a formal advisory opinion, it the secretary may refer the matter to the attorney general or to the standing legislative oversight committees.

AB981,44 Section 44. 5.05 (7) of the statutes is amended to read:

AB981,25,7 5.05 (7) Administrative meetings and conferences. The commission office of the secretary of state shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the commission, opinions, and guidance issued by the office, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The commission office may conduct conferences relating to election laws, practice, and procedure. The commission office may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the commission office.

AB981,45 Section 45. 5.05 (9) of the statutes is amended to read:

AB981,25,12 5.05 (9) Standing. The commission secretary of state has standing to commence or intervene in any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or ensuring their proper administration.

AB981,46 Section 46. 5.05 (10) of the statutes is amended to read:

AB981,25,25 5.05 (10) State election administration plan. With the approval of the joint committee on finance as provided in this subsection, the commission secretary of state shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The commission secretary shall adopt the plan and any modifications only after publishing a class 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the commission secretary, the commission secretary shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The commission secretary may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.

AB981,47 Section 47. 5.05 (11) of the statutes is amended to read:

AB981,26,12 5.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) 20.575 (2) (t) and (x), the commission secretary of state may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the commission secretary shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the commission secretary.

AB981,48 Section 48. 5.05 (12) of the statutes is amended to read:

AB981,26,19 5.05 (12) Voter education. The commission secretary of state may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The commission secretary shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.

AB981,49 Section 49. 5.05 (13) (a) of the statutes is amended to read:

AB981,26,25 5.05 (13) (a) The commission secretary of state shall maintain one or more toll-free telephone lines for electors to report possible voting fraud and voting rights violations, to obtain general election information, and to access information concerning their registration status, current polling place locations, and other information relevant to voting in elections.

AB981,50 Section 50. 5.05 (13) (b) of the statutes is amended to read:

AB981,27,5 5.05 (13) (b) The commission secretary of state may maintain a free access system under which an elector who votes under s. 6.96 or 6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.

AB981,51 Section 51. 5.05 (13) (c) of the statutes is amended to read:

AB981,27,10 5.05 (13) (c) The commission secretary of state shall maintain a freely accessible system under which a military elector, as defined in s. 6.34 (1), or an overseas elector who casts an absentee ballot may ascertain whether the ballot has been received by the appropriate municipal clerk.

AB981,52 Section 52. 5.05 (13) (d) (intro.) of the statutes is amended to read:

AB981,27,14 5.05 (13) (d) (intro.) The commission secretary of state shall designate and maintain at least one freely accessible means of electronic communication which shall be used for the following purposes:

AB981,53 Section 53. 5.05 (14) of the statutes is amended to read:

AB981,27,19 5.05 (14) Information from county and municipal clerks. (a) The commission secretary of state may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.

AB981,27,22 (b) The commission office of the secretary of state shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.

AB981,27,25 (c) On election night the commission office of the secretary of state shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.

AB981,54 Section 54. 5.05 (15) of the statutes is amended to read:

AB981,28,7 5.05 (15) Registration list. The commission office of the secretary of state is responsible for the design and maintenance of the official registration list under s. 6.36. The commission secretary of state shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the commission office of the secretary of state for proper maintenance of the list.

AB981,55 Section 55. 5.05 (16) of the statutes is amended to read:

AB981,28,13 5.05 (16) Policies and procedures. (a) Annually, the commission office of the secretary of state shall adopt written policies and procedures in order to govern its internal operations and management and shall annually report such policies and procedures to the appropriate standing committees of the legislature under s. 13.172 (3).

AB981,28,18 (b) Notwithstanding par. (a), the commission office of the secretary of state may reconsider at any time any policy or procedure adopted as provided under par. (a). If, upon reconsideration, the commission office revises a previously reported policy or procedure, the commission office shall report the revision to the appropriate standing committees of the legislature under s. 13.172 (3).

AB981,28,22 (c) The commission secretary of state may reconsider at any time any written directives or written guidance provided to the general public or to any person subject to the provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration of those provisions.

AB981,56 Section 56. 5.05 (17) of the statutes is amended to read:

AB981,29,3 5.05 (17) Payments. The commission office of the secretary of state may accept payment by credit card, debit card, or other electronic payment mechanism for any amounts owed pursuant to the administration of chs. 5 to 10 or 12, and may charge a surcharge to the payer to recover charges associated with the acceptance of that electronic payment.

AB981,57 Section 57. 5.05 (18) of the statutes is amended to read:

AB981,29,8 5.05 (18) Electronic poll lists. The commission secretary of state may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.

AB981,58 Section 58. 5.055 of the statutes is amended to read:

AB981,29,22 5.055 Election assistance commission standards board. The commission administrator secretary of state shall, in consultation with the commission, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The administrator secretary shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The administrator secretary shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the administrator secretary shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

AB981,59 Section 59. 5.056 of the statutes is amended to read:

AB981,30,5 5.056 Matching program with secretary of transportation. The commission administrator secretary of state shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

AB981,60 Section 60. 5.06 (1) of the statutes is amended to read:

AB981,30,22 5.06 (1) Whenever any elector of a jurisdiction or district served by an election official believes that a decision or action of the official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector may file a written sworn complaint with the commission secretary of state requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The commission secretary may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under ch. 227 if it he or she believes such action to be appropriate.

AB981,61 Section 61. 5.06 (2) of the statutes is amended to read:

AB981,31,7 5.06 (2) No person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action , or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the commission secretary of state. A complaint is deemed disposed of if the commission secretary fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the commission secretary concludes its an investigation without a formal decision.

AB981,62 Section 62. 5.06 (4) of the statutes is amended to read:

AB981,31,15 5.06 (4) The commission secretary of state may, on its own motion at his or her discretion, investigate and determine whether any election official, with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections, has failed to comply with the law or abused the discretion vested in him or her by law or proposes to do so.

AB981,63 Section 63. 5.06 (5) of the statutes is amended to read:

AB981,31,23 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion at his or her discretion, the commission secretary of state may order any election official to immediately transfer to its his or her possession any original documents in the custody of the official which the commission secretary finds to be necessary and relevant to permit review of compliance with the laws concerning nominations, qualifications of candidates, ward division and numbering, recall or ballot preparation or the proper administration of such laws.

AB981,64 Section 64. 5.06 (6) of the statutes is amended to read:

AB981,32,8 5.06 (6) The commission secretary of state may, after such investigation as it the secretary deems appropriate, summarily decide the matter before it the secretary and, by order, require any election official to conform his or her conduct to the law, restrain an official from taking any action inconsistent with the law or require an official to correct any action or decision inconsistent with the law. The commission secretary shall immediately transmit a copy of the order to the official. An order issued under this subsection is effective immediately or at such later time as may be specified in the order.

AB981,65 Section 65. 5.06 (7) of the statutes is amended to read:

AB981,32,12 5.06 (7) The commission secretary of state may withdraw, modify, or correct an order issued under sub. (6) within a timely period if it the secretary finds such action to be appropriate.

AB981,66 Section 66. 5.06 (8) of the statutes is amended to read:

AB981,32,18 5.06 (8) Any election official or complainant who is aggrieved by an order issued under sub. (6) may appeal the decision of the commission secretary of state to circuit court for the county where the official conducts business or the complainant resides no later than 30 days after issuance of the order. Pendency of an appeal does not stay the effect of an order unless the court so orders.

AB981,67 Section 67. 5.06 (9) of the statutes is amended to read: