AB899: Bill Text

AB899,239 Section 239. 8.50 (1) (a) of the statutes is amended to read:

AB899,105,13 8.50 (1) (a) When there is to be a special election, the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the special election for city office shall be ordered by the common council; the special election for village office shall be ordered by the board of trustees; the special election for town office shall be ordered by the town board of supervisors; the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the governing body of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the governing bodies of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the commission secretary of state. When the county board of supervisors issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the common council issues the order, it shall be filed in the office of the city clerk. When the board of trustees issues the order, it shall be filed in the office of the village clerk. When the town board of supervisors issues the order, it shall be filed in the office of the town clerk. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

AB899,240 Section 240. 8.50 (1) (b) of the statutes is amended to read:

AB899,105,25 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the commission secretary of state shall give notice as soon as possible to the county clerks. Upon receipt of notice from the commission secretary, or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).

AB899,241 Section 241. 8.50 (1) (d) of the statutes is amended to read:

AB899,106,17 8.50 (1) (d) When the election concerns a national office or a special election for state office is held concurrently with the general election, the commission secretary of state shall transmit to each county clerk a certified list of all persons for whom nomination papers have been filed in its his or her office at least 62 days before the special primary, and in other cases the commission secretary of state shall transmit the list to each county clerk at least 22 days before the special primary. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the special election unless the special election concerns a national office or is held concurrently with the general election, in which case the list shall be transmitted at least 62 days prior to the day of the special election. Immediately upon receipt of the certified list, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB899,242 Section 242. 8.50 (3) (e) of the statutes is amended to read:

AB899,106,22 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections commission secretary of state no later than 7 days after the special primary and 13 days after the special election.

AB899,243 Section 243. 9.01 (1) (a) 1. of the statutes is amended to read:

AB899,107,22 9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party, as determined under subd. 5., or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional ballots under s. 6.97 (4) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional ballots. If the commission chairperson secretary of state or chairperson's secretary's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional ballots and not later than 5 p.m. on the 3rd business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional ballots. With regard to an election for president, the petitioner shall file the petition not later than 5 p.m. on the first business day following the day on which the commission secretary of state receives the last statement from a county board of canvassers for the election following canvassing of all valid provisional ballots.

AB899,244 Section 244. 9.01 (1) (a) 4. of the statutes is amended to read:

AB899,108,5 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the commission chairperson secretary of state or chairperson's secretary's designee after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

AB899,245 Section 245. 9.01 (1) (ag) 2. of the statutes is amended to read:

AB899,108,14 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition requests a recount where no wards exist, plus the actual cost incurred by the commission secretary of state to provide services for performing the recount.

AB899,246 Section 246. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB899,108,23 9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys received by it the secretary into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held and shall retain the amount necessary to pay for the actual cost incurred by the commission secretary of state to provide services for performing the recount. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB899,247 Section 247. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB899,109,3 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the commission secretary of state.

AB899,248 Section 248. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB899,109,21 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the commission secretary of state receives a valid petition and any payment under par. (ag) 3., the commission secretary shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the 3rd day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the commission secretary may permit extension of the time for adjournment. Returns from a recount ordered by the commission secretary of state shall be transmitted to the office of the commission secretary as soon as possible, but in no case later than 13 days from the date of the order of the commission secretary directing the recount. The commission chairperson secretary of state or the chairperson's secretary's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The commission chairperson secretary of state or the chairperson's secretary's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB899,249 Section 249. 9.01 (5) (a) of the statutes is amended to read:

AB899,110,12 9.01 (5) (a) The board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson secretary or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee receives exhibits from any party, the board of canvassers or the chairperson secretary or designee shall number and preserve the exhibits. The board of canvassers or the chairperson secretary or chairperson's secretary's designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson secretary or chairperson's secretary's designee may administer oaths, certify official acts, and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the commission chairperson secretary of state or chairperson's the secretary's designee, witness fees shall be paid by the commission secretary of state.

AB899,250 Section 250. 9.01 (5) (bm) of the statutes is amended to read:

AB899,110,25 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the commission secretary of state one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the county committee of that political party.

AB899,251 Section 251. 9.01 (5) (c) of the statutes is amended to read:

AB899,111,15 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the commission chairperson secretary of state or the chairperson's secretary's designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the commission chairperson secretary of state or designee. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the commission chairperson secretary of state or the chairperson's secretary's designee receives such results, the chairperson secretary or designee shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the commission chairperson secretary or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB899,252 Section 252. 9.01 (6) (a) of the statutes is amended to read:

AB899,112,7 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the commission chairperson secretary of state or the chairperson's secretary's designee whenever a determination is made by the chairperson secretary or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the commission chairperson secretary of state or the chairperson's secretary's designee. The appellant shall also serve notice on the commission secretary of state if the commission chairperson secretary or the chairperson's secretary's designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB899,253 Section 253. 9.01 (7) (a) of the statutes is amended to read:

AB899,112,16 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission secretary of state, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county, municipal clerk, or board, the commission secretary of state, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB899,254 Section 254. 9.01 (8) (a) of the statutes is amended to read:

AB899,112,20 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the commission chairperson secretary of state or chairperson's secretary's designee, it shall affirm the determination.

AB899,255 Section 255. 9.01 (8) (c) of the statutes is amended to read:

AB899,113,9 9.01 (8) (c) The court may not receive evidence not offered to the board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

AB899,256 Section 256. 9.01 (8) (d) of the statutes is amended to read:

AB899,113,22 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee if it finds that the board of canvassers or the chairperson secretary or chairperson's secretary's designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the commission chairperson secretary of state or the chairperson's secretary's designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson secretary or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

AB899,257 Section 257. 9.01 (10) of the statutes is amended to read:

AB899,114,5 9.01 (10) Standard forms and methods. The commission secretary of state shall prescribe, by rule, standard forms and procedures for the making of recounts under this section. The procedures prescribed by the commission secretary shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the commission staff office of the secretary of state prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

AB899,258 Section 258. 10.01 (1) of the statutes is amended to read:

AB899,114,15 10.01 (1) The form of the various election notices shall be prescribed by the commission secretary of state to standardize election notices. To accomplish this purpose, the commission secretary shall make rules and draft whatever forms it the secretary considers necessary. Notification or certification lists of candidates or referenda questions sent to the county clerks shall prescribe the form in which the county clerks shall publish the relevant portions of the notice and any additional county offices and referenda questions. The commission secretary of state shall also prescribe the provisions for municipal notices which shall be sent to each county clerk who shall immediately forward them to each municipal clerk.

AB899,259 Section 259. 10.01 (2) (intro.) of the statutes is amended to read:

AB899,114,20 10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices, modified as necessary to apply to the various elections, which shall be published in substantially the same form as prescribed by the commission secretary of state. The 5 types of notices are:

AB899,260 Section 260. 10.02 (1) of the statutes is amended to read:

AB899,114,25 10.02 (1) Before any election an appropriate type B notice shall be published in substantially the form prescribed by the commission secretary of state at the times prescribed in s. 10.06. The type B notice shall include the following relevant sections and be within the guidelines established in this section.

AB899,261 Section 261. 10.02 (2) (c) of the statutes is amended to read:

AB899,115,12 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the commission secretary of state and shall conform to the form prescribed by the commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

AB899,262 Section 262. 10.02 (3) (intro.) of the statutes is amended to read:

AB899,115,14 10.02 (3) (intro.) The notice shall contain the following:

AB899,115,15 FACSIMILE BALLOT NOTICE

AB899,115,16 OF .... ELECTION

AB899,115,17 Office of .... [County] [Municipal] Clerk.

AB899,115,18 To the Electors of .... [County] [Municipality]:

AB899,115,25 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB899,116,1 INFORMATION TO ELECTORS

AB899,116,4 Except where a different statement is prescribed by the commission secretary of state for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB899,263 Section 263. 10.06 (1) of the statutes is amended to read:

AB899,116,8 10.06 (1) Elections commission Secretary of state. (a) On or before November 15 preceding a spring election the commission secretary of state shall send a type A notice to each county clerk.

AB899,116,12 (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the commission secretary of state shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

AB899,116,19 (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the commission secretary of state shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held, this notice shall be sent under par. (c). When there is a referendum, the commission secretary shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB899,116,22 (f) On or before the 3rd Tuesday in March preceding a partisan primary and general election the commission secretary of state shall send a type A notice to each county clerk.

AB899,117,2 (h) As soon as possible after the deadline for determining ballot arrangement for the partisan primary on June 10, the commission secretary of state shall send a type B notice to each county clerk certifying the list of candidates for the partisan primary.

AB899,117,6 (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in August, the commission secretary of state shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election.

AB899,264 Section 264. 10.06 (2) (a) of the statutes is amended to read:

AB899,117,11 10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each county clerk shall publish a type A notice based on the notice received from the commission secretary of state for all state offices to be filled at the election by any electors voting in the county and a similar notice incorporating any county offices.

AB899,265 Section 265. 10.06 (2) (b) of the statutes is amended to read:

AB899,117,18 10.06 (2) (b) Upon receipt of the type B notice from the commission secretary of state preceding the spring election each county clerk shall add any county offices, prepare the ballots, and send notice to each municipal clerk of the spring primary. When there is no state spring primary within the county, but there is to be a county spring primary, the county clerk shall prepare the ballots and send notice to each municipal clerk.

AB899,266 Section 266. 10.06 (2) (e) of the statutes is amended to read:

AB899,117,22 10.06 (2) (e) Upon receipt of the type B notice from the commission secretary of state each county clerk shall add any county offices and referenda, prepare the ballots and send notice to each municipal clerk of the coming spring election.

AB899,267 Section 267. 10.06 (2) (h) of the statutes is amended to read:

AB899,118,3 10.06 (2) (h) On the 2nd Tuesday in April preceding a partisan primary and general election, the county clerk shall publish a type A notice based on the notice received from the commission secretary of state for all national and state offices to be filled at the election by any electors voting in the county and incorporating county offices.

AB899,268 Section 268. 10.06 (2) (k) of the statutes is amended to read:

AB899,118,8 10.06 (2) (k) Upon receipt of the type B notice from the commission secretary of state preceding the general election, the county clerk shall add county offices and referenda, if any, and send notice to each municipal clerk of the coming general election and prepare the ballots.

AB899,269 Section 269. 12.01 (intro.) and (1) of the statutes are consolidated, renumbered 12.01 and amended to read:

AB899,118,13 12.01 Definitions. The definitions given under s. 11.0101 apply to this chapter, except as follows: (1) “ Candidate" that “candidate” includes a candidate for national office.

AB899,270 Section 270. 12.01 (2) of the statutes is repealed.

AB899,271 Section 271. 12.13 (5) (a) of the statutes is amended to read:

AB899,118,24 12.13 (5) (a) Except as specifically authorized by law and except as provided in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission secretary of state may disclose information related to an investigation or prosecution under chs. 5 to 10 or 12, or any other law specified in s. 978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the commission secretary of state that is not subject to access under s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or investigator or a member, an employee, or agent of the commission secretary of state prior to presenting the information or record in a court of law.

AB899,272 Section 272. 12.13 (5) (b) (intro.) of the statutes is amended to read:

AB899,119,3 12.13 (5) (b) (intro.) This subsection does not apply to any of the following communications made by an investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission secretary of state:

AB899,273 Section 273. 12.13 (5) (b) 3. of the statutes is amended to read:

AB899,119,8 12.13 (5) (b) 3. Communications made to the attorney of an investigator, prosecutor, or employee, or member of the commission secretary of state or to a person or the attorney of a person who is investigated or prosecuted by the commission secretary of state.

AB899,274 Section 274. 13.123 (3) (b) 2. of the statutes is amended to read:

AB899,119,13 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections commission secretary of state or the chairperson's secretary's designee if such determination has been issued.

AB899,275 Section 275. 13.23 of the statutes is amended to read:

AB899,119,24 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections commission secretary of state at least 10 days before the day fixed by law for the meeting of the legislature. The elections commission secretary of state shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB899,276 Section 276. 14.38 (10m) of the statutes is amended to read:

AB899,120,6 14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the elections commission secretary of state records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.

AB899,277 Section 277. 15.01 (2) of the statutes is amended to read:

AB899,120,18 15.01 (2) “Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the employment relations commission which shall consist of one chairperson, the Wisconsin waterways commission which shall consist of 5 members, the elections commission which shall consist of at least 6 members, the ethics commission which shall consist of at least 6 members, and the parole commission which shall consist of 4 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a “commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a “commission", but is not a commission for purposes of s. 15.06.