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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6based has been withdrawn or revised in relevant degree.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:
AB981,28,139 5.05 (16) Policies and procedures. (a) Annually, the commission office of the
10secretary of state
shall adopt written policies and procedures in order to govern its
11internal operations and management and shall annually report such policies and
12procedures to the appropriate standing committees of the legislature under s. 13.172
13(3).
AB981,28,1814 (b) Notwithstanding par. (a), the commission office of the secretary of state may
15reconsider at any time any policy or procedure adopted as provided under par. (a).
16If, upon reconsideration, the commission office revises a previously reported policy
17or procedure, the commission office shall report the revision to the appropriate
18standing committees of the legislature under s. 13.172 (3).
AB981,28,2219 (c) The commission secretary of state may reconsider at any time any written
20directives or written guidance provided to the general public or to any person subject
21to the provisions of chs. 5 to 10 and 12 with regard to the enforcement and
22administration of those provisions.
AB981,56 23Section 56. 5.05 (17) of the statutes is amended to read:
AB981,29,324 5.05 (17) Payments. The commission office of the secretary of state may accept
25payment by credit card, debit card, or other electronic payment mechanism for any

1amounts owed pursuant to the administration of chs. 5 to 10 or 12, and may charge
2a surcharge to the payer to recover charges associated with the acceptance of that
3electronic payment.
AB981,57 4Section 57. 5.05 (18) of the statutes is amended to read:
AB981,29,85 5.05 (18) Electronic poll lists. The commission secretary of state may
6facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79
7including entering into contracts with vendors and establishing programs for
8development and testing.
AB981,58 9Section 58. 5.055 of the statutes is amended to read:
AB981,29,22 105.055 Election assistance commission standards board. The commission
11administrator
secretary of state shall, in consultation with the commission, appoint
12an individual to represent this state as a member of the federal election assistance
13commission standards board. The administrator secretary shall also conduct and
14supervise a process for the selection of an election official by county and municipal
15clerks and boards of election commissioners to represent local election officials of this
16state as a member of the federal election assistance commission standards board.
17The administrator secretary shall ensure that the members of the federal election
18assistance commission standards board representing this state shall at no time be
19members of the same political party. Upon appointment or election of any new
20member of the federal election assistance commission standards board representing
21this state, the administrator secretary shall transmit a notice of that member's
22appointment or election to the officer or agency designated by federal law.
AB981,59 23Section 59. 5.056 of the statutes is amended to read:
AB981,30,5 245.056 Matching program with secretary of transportation. The
25commission administrator secretary of state shall enter into the agreement with the

1secretary of transportation specified under s. 85.61 (1) to match personally
2identifiable information on the official registration list maintained by the
3commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
4(2m) with personally identifiable information maintained by the department of
5transportation.
AB981,60 6Section 60. 5.06 (1) of the statutes is amended to read:
AB981,30,227 5.06 (1) Whenever any elector of a jurisdiction or district served by an election
8official believes that a decision or action of the official or the failure of the official to
9act with respect to any matter concerning nominations, qualifications of candidates,
10voting qualifications, including residence, ward division and numbering, recall,
11ballot preparation, election administration or conduct of elections is contrary to law,
12or the official has abused the discretion vested in him or her by law with respect to
13any such matter, the elector may file a written sworn complaint with the commission
14secretary of state requesting that the official be required to conform his or her
15conduct to the law, be restrained from taking any action inconsistent with the law
16or be required to correct any action or decision inconsistent with the law or any abuse
17of the discretion vested in him or her by law. The complaint shall set forth such facts
18as are within the knowledge of the complainant to show probable cause to believe
19that a violation of law or abuse of discretion has occurred or will occur. The complaint
20may be accompanied by relevant supporting documents. The commission secretary
21may conduct a hearing on the matter in the manner prescribed for treatment of
22contested cases under ch. 227 if it he or she believes such action to be appropriate.
AB981,61 23Section 61. 5.06 (2) of the statutes is amended to read:
AB981,31,724 5.06 (2) No person who is authorized to file a complaint under sub. (1), other
25than the attorney general or a district attorney, may commence an action or

1proceeding to test the validity of any decision, action , or failure to act on the part of
2any election official with respect to any matter specified in sub. (1) without first filing
3a complaint under sub. (1), nor prior to disposition of the complaint by the
4commission secretary of state. A complaint is deemed disposed of if the commission
5secretary fails to transmit an acknowledgment of receipt of the complaint within 5
6business days from the date of its receipt or if the commission secretary concludes
7its an investigation without a formal decision.
AB981,62 8Section 62. 5.06 (4) of the statutes is amended to read:
AB981,31,159 5.06 (4) The commission secretary of state may, on its own motion at his or her
10discretion
, investigate and determine whether any election official, with respect to
11any matter concerning nominations, qualifications of candidates, voting
12qualifications, including residence, ward division and numbering, recall, ballot
13preparation, election administration or conduct of elections, has failed to comply
14with the law or abused the discretion vested in him or her by law or proposes to do
15so.
AB981,63 16Section 63. 5.06 (5) of the statutes is amended to read:
AB981,31,2317 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion at
18his or her discretion
, the commission secretary of state may order any election official
19to immediately transfer to its his or her possession any original documents in the
20custody of the official which the commission secretary finds to be necessary and
21relevant to permit review of compliance with the laws concerning nominations,
22qualifications of candidates, ward division and numbering, recall or ballot
23preparation or the proper administration of such laws.
AB981,64 24Section 64. 5.06 (6) of the statutes is amended to read:
AB981,32,8
15.06 (6) The commission secretary of state may, after such investigation as it
2the secretary deems appropriate, summarily decide the matter before it the secretary
3and, by order, require any election official to conform his or her conduct to the law,
4restrain an official from taking any action inconsistent with the law or require an
5official to correct any action or decision inconsistent with the law. The commission
6secretary shall immediately transmit a copy of the order to the official. An order
7issued under this subsection is effective immediately or at such later time as may be
8specified in the order.
AB981,65 9Section 65. 5.06 (7) of the statutes is amended to read:
AB981,32,1210 5.06 (7) The commission secretary of state may withdraw, modify, or correct an
11order issued under sub. (6) within a timely period if it the secretary finds such action
12to be appropriate.
AB981,66 13Section 66. 5.06 (8) of the statutes is amended to read:
AB981,32,1814 5.06 (8) Any election official or complainant who is aggrieved by an order issued
15under sub. (6) may appeal the decision of the commission secretary of state to circuit
16court for the county where the official conducts business or the complainant resides
17no later than 30 days after issuance of the order. Pendency of an appeal does not stay
18the effect of an order unless the court so orders.
AB981,67 19Section 67. 5.06 (9) of the statutes is amended to read:
AB981,33,320 5.06 (9) The court may not conduct a de novo proceeding with respect to any
21findings of fact or factual matters upon which the commission secretary of state has
22made a determination, or could have made a determination if the parties had
23properly presented the disputed matters to the commission secretary for its his or her
24consideration. The court shall summarily hear and determine all contested issues
25of law and shall affirm, reverse or modify the determination of the commission

1secretary, according due weight to the experience, technical competence, and
2specialized knowledge of the commission secretary, pursuant to the applicable
3standards for review of agency decisions under s. 227.57.
AB981,68 4Section 68. 5.061 (1) of the statutes is amended to read:
AB981,33,85 5.061 (1) Whenever any person believes that a violation of Title III of P.L.
6107-252 has occurred, is occurring, or is proposed to occur with respect to an election
7for national office in this state, that person may file a written, verified complaint with
8the commission secretary of state.
AB981,69 9Section 69. 5.061 (2) of the statutes is amended to read:
AB981,33,1210 5.061 (2) If the commission secretary of state receives more than one complaint
11under sub. (1) relating to the same subject matter, the commission secretary may
12consolidate the complaints for purposes of this section.
AB981,70 13Section 70. 5.061 (3) of the statutes is amended to read:
AB981,33,2114 5.061 (3) A complainant under sub. (1) or any of the complainants in a
15consolidated complaint under sub. (2) may request a hearing and the matter shall
16then be treated as a contested case under ch. 227, except that the commission
17secretary of state shall make a final determination with respect to the merits of the
18complaint and issue a decision within 89 days of the time that the complaint or the
19earliest of any complaints was filed, unless the complainant, or each of any
20complainants whose complaints are consolidated, consents to a specified longer
21period.
AB981,71 22Section 71. 5.061 (4) of the statutes is amended to read:
AB981,34,423 5.061 (4) If the commission secretary of state finds the complaint to be without
24merit, it the secretary shall issue a decision dismissing the complaint. If the
25commission secretary finds that the violation alleged in the complaint has occurred,

1is occurring, or is proposed to occur, the commission secretary shall order appropriate
2relief, except that the commission secretary shall not issue any order under this
3subsection affecting the right of any person to hold an elective office or affecting the
4canvass of an election on or after the date of that election.
AB981,72 5Section 72. 5.25 (4) of the statutes is amended to read:
AB981,34,116 5.25 (4) (a) Each polling place shall be accessible to all individuals with
7disabilities. The commission secretary of state shall ensure that the voting system
8used at each polling place will permit all individuals with disabilities to vote without
9the need for assistance and with the same degree of privacy that is accorded to
10nondisabled electors voting at the same polling place. This paragraph does not apply
11to any individual who is disqualified from voting under s. 6.03 (1) (a).
AB981,34,1512(b) In any jurisdiction that is subject to the requirement under 42 USC
131973aa-1a
to provide voting materials in any language other than English, the
14commission secretary of state shall ensure that the voting system used at each
15polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.
AB981,34,2116 (d) No later than June 30 of each odd-numbered year, the commission office of
17the secretary of state
shall submit a report on impediments to voting faced by elderly
18and handicapped individuals to the appropriate standing committees of the
19legislature under s. 13.172 (3). In preparing its report under this paragraph, the
20commission office shall consult with appropriate advocacy groups representing the
21elderly and handicapped populations.
AB981,73 22Section 73. 5.35 (6) (a) 2m. of the statutes is amended to read:
AB981,34,2523 5.35 (6) (a) 2m. General information prescribed by the commission secretary
24of state
on federal laws relating to election fraud and misrepresentation in federal
25elections.
AB981,74
1Section 74. 5.35 (6) (a) 4a. of the statutes is amended to read:
AB981,35,42 5.35 (6) (a) 4a. Instructions prescribed by the commission secretary of state for
3electors for whom proof of identification is required under s. 6.79 (2) or for whom
4proof of residence under s. 6.34 is required under s. 6.55 (2).
AB981,75 5Section 75. 5.35 (6) (a) 4b. of the statutes is amended to read:
AB981,35,86 5.35 (6) (a) 4b. General information prescribed by the commission secretary of
7state
concerning voting rights under applicable state and federal laws, including the
8method of redress for any alleged violations of those rights.
AB981,76 9Section 76. 5.35 (6) (a) 5. of the statutes is amended to read:
AB981,35,1110 5.35 (6) (a) 5. Any other voting information directed to be posted by the
11commission secretary of state.
AB981,77 12Section 77. 5.35 (6) (b) of the statutes is amended to read:
AB981,35,2213 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
14s. 5.655 is used or an electronic voting system is utilized at a partisan primary
15election incorporating a ballot upon which electors may mark votes for candidates
16of more than one recognized political party, the municipal clerk or board of election
17commissioners shall prominently post a sign in the form prescribed by the
18commission secretary of state warning electors in substance that on any ballot with
19votes cast for candidates of more than one recognized political party, no votes cast for
20any candidates for partisan office will be counted unless a preference for a party is
21made. If the elector designates a preference, only votes cast for candidates of that
22preference will be counted.
AB981,78 23Section 78. 5.40 (5m) of the statutes is amended to read:
AB981,36,224 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality
25which uses voting machines or an electronic voting system may petition the

1commission secretary of state for permission to use paper ballots and voting booths
2for a specific election, and the commission secretary may grant such a request.
AB981,79 3Section 79. 5.40 (7) of the statutes is amended to read:
AB981,36,104 5.40 (7) Whenever a municipality adopts and purchases voting machines or an
5electronic voting system, or adopts and purchases a different type of voting machine
6or electronic voting system from the type it was previously using, the municipal clerk
7or executive director of the municipal board of election commissioners shall promptly
8notify the county clerk or executive director of the county board of election
9commissioners and the administrator of the elections commission secretary of state
10in writing.
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