AB899: Bill Text

AB899,,150 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.

AB899,63 Section 63. 5.06 (4) of the statutes is amended to read:

AB899,,152 5.06 (4) The commission may, on its own motion, secretary of state shall 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.

AB899,64 Section 64. 5.06 (5) of the statutes is amended to read:

AB899,,154 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.

AB899,65 Section 65. 5.06 (6) of the statutes is amended to read:

AB899,,156 5.06 (6) The commission may secretary of state shall, 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.

AB899,66 Section 66. 5.06 (7) of the statutes is amended to read:

AB899,,158 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.

AB899,67 Section 67. 5.06 (8) of the statutes is amended to read:

AB899,,160 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.

AB899,68 Section 68. 5.06 (9) of the statutes is amended to read:

AB899,,162 5.06 (9) The court may not conduct a de novo proceeding with respect to any findings of fact or factual matters upon which the commission secretary of state has made a determination, or could have made a determination if the parties had properly presented the disputed matters to the commission secretary for its his or her consideration. The court shall summarily hear and determine all contested issues of law and shall affirm, reverse or modify the determination of the commission secretary, according due weight to the experience, technical competence, and specialized knowledge of the commission secretary, pursuant to the applicable standards for review of agency decisions under s. 227.57.

AB899,69 Section 69. 5.061 (1) of the statutes is amended to read:

AB899,,164 5.061 (1) Whenever any person believes that a violation of Title III of P.L. 107-252 has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, verified complaint with the commission secretary of state.

AB899,70 Section 70. 5.061 (2) of the statutes is amended to read:

AB899,,166 5.061 (2) If the commission secretary of state receives more than one complaint under sub. (1) relating to the same subject matter, the commission secretary may consolidate the complaints for purposes of this section.

AB899,71 Section 71. 5.061 (3) of the statutes is amended to read:

AB899,,168 5.061 (3) A complainant under sub. (1) or any of the complainants in a consolidated complaint under sub. (2) may request a hearing and the matter shall then be treated as a contested case under ch. 227, except that the commission secretary of state shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.

AB899,72 Section 72. 5.061 (4) of the statutes is amended to read:

AB899,,170 5.061 (4) If the commission secretary of state finds the complaint to be without merit, it the secretary shall issue a decision dismissing the complaint. If the commission secretary finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the commission secretary shall order appropriate relief, except that the commission secretary shall not issue any order under this subsection affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.

AB899,73 Section 73. 5.25 (4) of the statutes is amended to read:

AB899,,172 5.25 (4) (a) Each polling place shall be accessible to all individuals with disabilities. The commission secretary of state shall ensure that the voting system used at each polling place will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).

AB899,,173 (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any language other than English, the commission secretary of state shall ensure that the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

AB899,,174 (d) No later than June 30 of each odd-numbered year, the commission office of the secretary of state shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the commission office shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

AB899,74 Section 74. 5.35 (6) (a) 2m. of the statutes is amended to read:

AB899,,176 5.35 (6) (a) 2m. General information prescribed by the commission secretary of state on federal laws relating to election fraud and misrepresentation in federal elections.

AB899,75 Section 75. 5.35 (6) (a) 4a. of the statutes is amended to read:

AB899,,178 5.35 (6) (a) 4a. Instructions prescribed by the commission secretary of state for electors for whom proof of identification is required under s. 6.79 (2) or for whom proof of residence under s. 6.34 is required under s. 6.55 (2).

AB899,76 Section 76. 5.35 (6) (a) 4b. of the statutes is amended to read:

AB899,,180 5.35 (6) (a) 4b. General information prescribed by the commission secretary of state concerning voting rights under applicable state and federal laws, including the method of redress for any alleged violations of those rights.

AB899,77 Section 77. 5.35 (6) (a) 5. of the statutes is amended to read:

AB899,,182 5.35 (6) (a) 5. Any other voting information directed to be posted by the commission secretary of state.

AB899,78 Section 78. 5.35 (6) (b) of the statutes is amended to read:

AB899,,184 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the commission secretary of state warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party, no votes cast for any candidates for partisan office will be counted unless a preference for a party is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB899,79 Section 79. 5.40 (5m) of the statutes is amended to read:

AB899,,186 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality which uses voting machines or an electronic voting system may petition the commission secretary of state for permission to use paper ballots and voting booths for a specific election, and the commission secretary may grant such a request.

AB899,80 Section 80. 5.40 (7) of the statutes is amended to read:

AB899,,188 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the administrator of the elections commission secretary of state in writing.

AB899,81 Section 81. 5.51 (6) of the statutes is amended to read:

AB899,,190 5.51 (6) All candidates’ names for the same office shall be placed, projected or composed on the ballot in the same size, style and color of type. The style and size of type shall conform substantially to the official ballot forms prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,82 Section 82. 5.51 (8) of the statutes is amended to read:

AB899,,192 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,83 Section 83. 5.58 (1b) (bm) of the statutes is amended to read:

AB899,,194 5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged by the municipal clerk, using the same method as that used by the commission secretary of state under s. 5.60 (1) (b).

AB899,84 Section 84. 5.58 (1b) (cm) of the statutes is amended to read:

AB899,,196 5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange the ballot in accordance with the form prescribed by the commission secretary of state under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and (6), insofar as possible.

AB899,85 Section 85. 5.58 (2) of the statutes is amended to read:

AB899,,198 5.58 (2) State superintendent of public instruction; judiciary; county executive; county comptroller; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17, and county supervisor, except as authorized in s. 5.655. In counties having a population of 750,000 or more, the ballot shall also include the office of comptroller and those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge, and circuit court judge shall be determined by the commission secretary of state in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive, county comptroller, and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b).

AB899,86 Section 86. 5.58 (2m) of the statutes is amended to read:

AB899,,200 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 200.09 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the elections commission secretary of state.

AB899,87 Section 87. 5.60 (1) (b) of the statutes is amended to read:

AB899,,202 5.60 (1) (b) The elections commission secretary of state shall certify the candidates’ names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, and for circuit judge and for metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am). The arrangement of names of all candidates on the ballot whose nomination papers are filed with the elections commission secretary of state shall be determined by the elections commission secretary by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the elections commission secretary of state not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB899,88 Section 88. 5.60 (3) (ag) of the statutes is amended to read:

AB899,,204 5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for city offices, printed in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a). City election ballots may vary in form to conform to the law under which an election is held.

AB899,89 Section 89. 5.60 (5) (ar) of the statutes is amended to read:

AB899,,206 5.60 (5) (ar) The offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. The names of the candidates shall be arranged by using the same method as that used by the commission secretary of state under sub. (1) (b). Sufficient space shall be left under each office for write-in candidates.

AB899,90 Section 90. 5.60 (6) (a) of the statutes is amended to read:

AB899,,208 5.60 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for elective town offices in the form prescribed by the commission secretary of state under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form shall be used for the election of supervisors to numbered seats and one ballot form shall be used for the election of supervisors to unnumbered seats. On the ballot used for the election of supervisors to unnumbered seats, all supervisor candidates shall be listed together and the voting instructions shall state “Vote for not more than.... [insert number of supervisors to be elected] candidates”. All towns shall elect their supervisors to unnumbered seats unless the annual town meeting adopts a plan to elect supervisors to numbered seats. The names of candidates for town office shall be arranged by using the same method as that used by the commission secretary of state under sub. (1) (b). A space shall be provided under each office on the ballot for a write-in candidate.

AB899,91 Section 91. 5.60 (8) (am) of the statutes is amended to read:

AB899,,210 5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot for each recognized political party filing a certification under s. 8.12 (1), listing the names of all potential candidates of that party determined under s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of presidential candidates on the ballot shall be determined by lot by or under the supervision of the commission secretary of state. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.

AB899,92 Section 92. 5.62 (1) (a) of the statutes is amended to read:

AB899,,212 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state, and county offices and independent candidates for state office in each ward, in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the commission secretary of state. Any ballot required under par. (b) 2. shall be placed next in order. At polling places where voting machines are used, each party shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party may be represented in separate columns or rows on the ballot.

AB899,93 Section 93. 5.62 (1) (b) 1. of the statutes is amended to read:

AB899,,214 5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1 percent of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1 percent of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as “independent” at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the commission secretary of state requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this subdivision may be filed no later than 5 p.m. on April 1 in the year of each general election.

AB899,94 Section 94. 5.62 (2) (a) of the statutes is amended to read:

AB899,,216 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political organization may be represented on a separate primary ballot or in one or more separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in a separate column on the general election ballot in every ward and election district. To qualify for a separate ballot under this paragraph, the political organization shall, not later than 5 p.m. on April 1 in the year of the partisan primary, file with the commission secretary of state a petition requesting separate ballot status. The petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.

AB899,95 Section 95. 5.62 (3) of the statutes is amended to read:

AB899,,218 5.62 (3) The commission secretary of state shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney, and the county offices.

AB899,96 Section 96. 5.62 (4) (ar) of the statutes is amended to read:

AB899,,220 5.62 (4) (ar) Within a county the county clerk shall arrange the names of all candidates filing nomination papers with the clerk’s office using the same method as that used by the commission secretary of state under s. 5.60 (1) (b).

AB899,97 Section 97. 5.62 (4) (b) of the statutes is amended to read:

AB899,,222 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 750,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the elections commission secretary of state under s. 5.60 (1) (b).

AB899,98 Section 98. 5.64 (1) (ag) of the statutes is amended to read:

AB899,,224 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for president and vice president and for statewide, congressional, legislative, and county offices in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,99 Section 99. 5.64 (1) (b) of the statutes is amended to read:

AB899,,226 5.64 (1) (b) The names of the candidates for the offices of president and vice president that are certified under s. 8.16 (7) or that are contained in nomination papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08 (2) (a). The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under s. 8.35 (2) shall appear in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by each party’s candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under s. 5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the same order in which the parties filed petitions with the commission secretary of state. Any column required under par. (e) 2. shall be placed next in order. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.

AB899,100 Section 100. 5.64 (1) (es) of the statutes is amended to read:

AB899,,228 5.64 (1) (es) The party candidates shall be arranged consecutively from top to bottom based on the number of votes received by their party’s candidate for governor at the last election beginning with the party that received the most votes. The independent president-vice president candidates shall be listed together in an order drawn by lot by or under supervision of the commission secretary of state, following under the party candidates. Along with the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Following under the independent candidates, a space shall be left for writing in the names of a candidate for president and vice president.

AB899,101 Section 101. 5.64 (2) of the statutes is amended to read:

AB899,,230 5.64 (2) Referendum ballot. (am) There shall be a separate ballot when any proposed constitutional amendment or any other measure or question is submitted to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise statement of each question in accordance with the act or resolution directing submission in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a). The question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Unless otherwise expressly provided, this ballot form shall be used at all elections when questions are submitted to a vote of the people.

AB899,,231 (c) The official referendum ballot prescribed under this subsection shall be utilized at every election, except that the format shall be altered to the extent provided or required by other laws establishing or authorizing referenda to be conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate ballot, but more than one referendum question may appear on the same referendum ballot whenever the questions are numbered and all electors voting the ballot are entitled to vote upon all questions appearing thereon. When more than one state referendum is placed on the same ballot, the commission secretary of state shall number the questions in chronological sequence. If the legislature submits questions on different dates, the commission secretary of state shall number the questions sequentially based on the date on which the questions are submitted by the legislature. Except as authorized in s. 5.655, state and county referenda shall appear on a separate ballot from municipal or special district referenda. The form of all referendum ballots shall be substantially the same as that prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,102 Section 102. 5.655 (3) of the statutes is amended to read:

AB899,,233 5.655 (3) The commission secretary of state shall prescribe notices and instructions to be given to electors who use a ballot that is authorized under sub. (2) in lieu of any notices and instructions that are applicable only to municipalities employing separate paper ballots.

AB899,103 Section 103. 5.72 of the statutes is amended to read:

AB899,,235 5.72 Correcting ballot errors. (1) As soon as possible after ballots are delivered to the county clerk or to the municipal clerk if the municipality is preparing ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a state or national office or statewide referendum, the county or municipal clerk preparing the ballots shall submit one copy of each ballot to the commission secretary of state for review of possible errors. If the contractor preparing the ballots supplies proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs in lieu of actual ballots. If a voting machine ballot or other ballot combining local candidates or referenda with state or national candidates or referenda is used, the entire ballot shall be submitted, but if ballots intended for distribution to electors are used, only those ballots relating to state or national offices and statewide referenda need be submitted. This subsection does not require delay of ballot distribution or mailing of absentee ballots.

AB899,,236 (2) The commission secretary of state shall review ballots and proof copies submitted under sub. (1) and shall notify the county and municipal clerk of any error as soon as possible but in no event later than 7 days after submission. The clerk is not required to correct a ballot error upon receipt of notice of the error, unless ordered to do so under sub. (3) or s. 5.06 (6).

AB899,,237 (3) Whenever an affidavit is filed by the commission secretary of state or any elector alleging an error or omission in the preparation of a ballot, the circuit court for the county where the ballot is proposed to be used or its presiding judge, by order, may summarily require a county or municipal clerk to correct the error, or show cause why it should not be corrected and, by order, after the hearing, have the correction made.

AB899,104 Section 104. 5.83 of the statutes is amended to read: