SB834: Bill Text

SB834,56 Section 56. 5.05 (16) of the statutes is amended to read:

SB834,,136 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).

SB834,,137 (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).

SB834,,138 (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.

SB834,57 Section 57. 5.05 (17) of the statutes is amended to read:

SB834,,140 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.

SB834,58 Section 58. 5.05 (18) of the statutes is amended to read:

SB834,,142 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. The secretary of state shall report all actions taken under this subsection to the standing legislative oversight committees as soon as practicable after taking such actions.

SB834,59 Section 59. 5.055 of the statutes is amended to read:

SB834,,144 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.

SB834,60 Section 60. 5.056 of the statutes is amended to read:

SB834,,146 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.

SB834,61 Section 61. 5.06 (1) of the statutes is amended to read:

SB834,,148 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.

SB834,62 Section 62. 5.06 (2) of the statutes is amended to read:

SB834,,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.

SB834,63 Section 63. 5.06 (4) of the statutes is amended to read:

SB834,,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.

SB834,64 Section 64. 5.06 (5) of the statutes is amended to read:

SB834,,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.

SB834,65 Section 65. 5.06 (6) of the statutes is amended to read:

SB834,,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.

SB834,66 Section 66. 5.06 (7) of the statutes is amended to read:

SB834,,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.

SB834,67 Section 67. 5.06 (8) of the statutes is amended to read:

SB834,,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.

SB834,68 Section 68. 5.06 (9) of the statutes is amended to read:

SB834,,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.

SB834,69 Section 69. 5.061 (1) of the statutes is amended to read:

SB834,,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.

SB834,70 Section 70. 5.061 (2) of the statutes is amended to read:

SB834,,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.

SB834,71 Section 71. 5.061 (3) of the statutes is amended to read:

SB834,,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.

SB834,72 Section 72. 5.061 (4) of the statutes is amended to read:

SB834,,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.

SB834,73 Section 73. 5.25 (4) of the statutes is amended to read:

SB834,,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).

SB834,,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.

SB834,,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.

SB834,74 Section 74. 5.35 (6) (a) 2m. of the statutes is amended to read:

SB834,,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.

SB834,75 Section 75. 5.35 (6) (a) 4a. of the statutes is amended to read:

SB834,,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).

SB834,76 Section 76. 5.35 (6) (a) 4b. of the statutes is amended to read:

SB834,,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.

SB834,77 Section 77. 5.35 (6) (a) 5. of the statutes is amended to read:

SB834,,182 5.35 (6) (a) 5. Any other voting information directed to be posted by the commission secretary of state.

SB834,78 Section 78. 5.35 (6) (b) of the statutes is amended to read:

SB834,,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.

SB834,79 Section 79. 5.40 (5m) of the statutes is amended to read:

SB834,,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.

SB834,80 Section 80. 5.40 (7) of the statutes is amended to read:

SB834,,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.

SB834,81 Section 81. 5.51 (6) of the statutes is amended to read:

SB834,,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).

SB834,82 Section 82. 5.51 (8) of the statutes is amended to read:

SB834,,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).

SB834,83 Section 83. 5.58 (1b) (bm) of the statutes is amended to read:

SB834,,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).

SB834,84 Section 84. 5.58 (1b) (cm) of the statutes is amended to read:

SB834,,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.

SB834,85 Section 85. 5.58 (2) of the statutes is amended to read:

SB834,,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).

SB834,86 Section 86. 5.58 (2m) of the statutes is amended to read:

SB834,,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.

SB834,87 Section 87. 5.60 (1) (b) of the statutes is amended to read:

SB834,,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.

SB834,88 Section 88. 5.60 (3) (ag) of the statutes is amended to read:

SB834,,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.

SB834,89 Section 89. 5.60 (5) (ar) of the statutes is amended to read:

SB834,,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.

SB834,90 Section 90. 5.60 (6) (a) of the statutes is amended to read:

SB834,,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.

SB834,91 Section 91. 5.60 (8) (am) of the statutes is amended to read:

SB834,,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.

SB834,92 Section 92. 5.62 (1) (a) of the statutes is amended to read:

SB834,,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.

SB834,93 Section 93. 5.62 (1) (b) 1. of the statutes is amended to read:

SB834,,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.

SB834,94 Section 94. 5.62 (2) (a) of the statutes is amended to read:

SB834,,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.

SB834,95 Section 95. 5.62 (3) of the statutes is amended to read:

SB834,,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.

SB834,96 Section 96. 5.62 (4) (ar) of the statutes is amended to read:

SB834,,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).

SB834,97 Section 97. 5.62 (4) (b) of the statutes is amended to read:

SB834,,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).

SB834,98 Section 98. 5.64 (1) (ag) of the statutes is amended to read: