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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.
AB981,80 11Section 80. 5.51 (6) of the statutes is amended to read:
AB981,36,1512 5.51 (6) All candidates' names for the same office shall be placed, projected or
13composed on the ballot in the same size, style and color of type. The style and size
14of type shall conform substantially to the official ballot forms prescribed by the
15commission secretary of state under s. 7.08 (1) (a).
AB981,81 16Section 81. 5.51 (8) of the statutes is amended to read:
AB981,36,1917 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall
18conform to the ballot forms prescribed by the commission secretary of state under s.
197.08 (1) (a).
AB981,82 20Section 82. 5.58 (1b) (bm) of the statutes is amended to read:
AB981,36,2321 5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged
22by the municipal clerk, using the same method as that used by the commission
23secretary of state under s. 5.60 (1) (b).
AB981,83 24Section 83. 5.58 (1b) (cm) of the statutes is amended to read:
AB981,37,4
15.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange
2the ballot in accordance with the form prescribed by the commission secretary of
3state
under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and
4(6), insofar as possible.
AB981,84 5Section 84. 5.58 (2) of the statutes is amended to read:
AB981,37,176 5.58 (2) State superintendent of public instruction; judiciary; county
7executive; county comptroller; and county supervisors.
There shall be one
8separate ballot for state superintendent, judicial officers, county executive under s.
959.17, and county supervisor, except as authorized in s. 5.655. In counties having a
10population of 750,000 or more, the ballot shall also include the office of comptroller
11and those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of
12candidates for state superintendent, justice, court of appeals judge, and circuit court
13judge shall be determined by the commission secretary of state in the manner
14specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county
15executive, county comptroller, and county supervisor shall be determined by the
16county clerk or by the executive director of the county board of election
17commissioners in the manner specified in s. 5.60 (1) (b).
AB981,85 18Section 85. 5.58 (2m) of the statutes is amended to read:
AB981,37,2419 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s.
205.655, there shall be a separate ballot for members of the metropolitan sewerage
21commission if commissioners are elected under s. 200.09 (11) (am), with candidates
22for different seats listed in separate columns or rows if more than one seat is
23contested at any election. Arrangement of the names on the ballot shall be
24determined by the elections commission secretary of state.
AB981,86 25Section 86. 5.60 (1) (b) of the statutes is amended to read:
AB981,38,12
15.60 (1) (b) The elections commission secretary of state shall certify the
2candidates' names and designate the official ballot arrangement for candidates for
3state superintendent, justice, court of appeals judge, and for circuit judge and for
4metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am).
5The arrangement of names of all candidates on the ballot whose nomination papers
6are filed with the elections commission secretary of state shall be determined by the
7elections commission secretary by the drawing of lots not later than the 2nd Tuesday
8in January, or the next day if the first Tuesday is a holiday. Whenever a primary is
9held for an office, a 2nd drawing of all candidates for that office shall be held by or
10under the supervision of the elections commission secretary of state not later than
11the 3rd day following the completion of the primary canvass to determine the
12arrangement of candidates on the election ballot.
AB981,87 13Section 87. 5.60 (3) (ag) of the statutes is amended to read:
AB981,38,1714 5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
15giving the names of all candidates for city offices, printed in the same form as
16prescribed by the commission secretary of state under s. 7.08 (1) (a). City election
17ballots may vary in form to conform to the law under which an election is held.
AB981,88 18Section 88. 5.60 (5) (ar) of the statutes is amended to read:
AB981,38,2319 5.60 (5) (ar) The offices to be filled shall be arranged on the official ballot in the
20order they are named in the statutes creating them. The names of the candidates
21shall be arranged by using the same method as that used by the commission
22secretary of state under sub. (1) (b). Sufficient space shall be left under each office
23for write-in candidates.
AB981,89 24Section 89. 5.60 (6) (a) of the statutes is amended to read:
AB981,39,13
15.60 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot
2giving the names of all candidates for elective town offices in the form prescribed by
3the commission secretary of state under s. 7.08 (1) (a). There shall be 2 ballot forms.
4One ballot form shall be used for the election of supervisors to numbered seats and
5one ballot form shall be used for the election of supervisors to unnumbered seats. On
6the ballot used for the election of supervisors to unnumbered seats, all supervisor
7candidates shall be listed together and the voting instructions shall state “Vote for
8not more than.... [insert number of supervisors to be elected] candidates". All towns
9shall elect their supervisors to unnumbered seats unless the annual town meeting
10adopts a plan to elect supervisors to numbered seats. The names of candidates for
11town office shall be arranged by using the same method as that used by the
12commission secretary of state under sub. (1) (b). A space shall be provided under each
13office on the ballot for a write-in candidate.
AB981,90 14Section 90. 5.60 (8) (am) of the statutes is amended to read:
AB981,39,2315 5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot
16for each recognized political party filing a certification under s. 8.12 (1), listing the
17names of all potential candidates of that party determined under s. 8.12 and
18affording, in addition, an opportunity to the voter to nominate another potential
19candidate by write-in vote or to vote for an uninstructed delegation to the party
20convention. The order of presidential candidates on the ballot shall be determined
21by lot by or under the supervision of the commission secretary of state. Each voter
22shall be given the ballots of all the parties participating in the presidential
23preference vote, but may vote on one ballot only.
AB981,91 24Section 91. 5.62 (1) (a) of the statutes is amended to read:
AB981,40,17
15.62 (1) (a) At the partisan primary, the following ballot shall be provided for
2the nomination of candidates of recognized political parties for national, state, and
3county offices and independent candidates for state office in each ward, in the same
4form as prescribed by the commission secretary of state under s. 7.08 (1) (a), except
5as authorized in s. 5.655. The ballots shall be made up of the several party tickets
6with each party entitled to participate in the primary under par. (b) or sub. (2) having
7its own ballot, except as authorized in s. 5.655. The ballots shall be secured together
8at the bottom. The party ballot of the party receiving the most votes for president
9or governor at the last general election shall be on top with the other parties arranged
10in descending order based on their vote for president or governor at the last general
11election. The ballots of parties qualifying under sub. (2) shall be placed after the
12parties qualifying under par. (b), in the same order in which the parties filed petitions
13with the commission secretary of state. Any ballot required under par. (b) 2. shall
14be placed next in order. At polling places where voting machines are used, each party
15shall be represented in one or more separate columns or rows on the ballot. At polling
16places where an electronic voting system is used other than an electronic voting
17machine, each party may be represented in separate columns or rows on the ballot.
AB981,92 18Section 92. 5.62 (1) (b) 1. of the statutes is amended to read:
AB981,41,819 5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every
20recognized political party listed on the official ballot at the last gubernatorial election
21whose candidate for any statewide office received at least 1 percent of the total votes
22cast for that office and, if the last general election was also a presidential election,
23every recognized political party listed on the ballot at that election whose candidate
24for president received at least 1 percent of the total vote cast for that office shall have
25a separate primary ballot or one or more separate columns or rows on the primary

1ballot as prescribed in par. (a) and a separate column on the general election ballot
2in every ward and election district. An organization which was listed as
3“independent" at the last general election and whose candidate meets the same
4qualification shall receive the same ballot status upon petition of the chairperson
5and secretary of the organization to the commission secretary of state requesting
6such status and specifying their party name, which may not duplicate the name of
7an existing party. A petition under this subdivision may be filed no later than 5 p.m.
8on April 1 in the year of each general election.
AB981,93 9Section 93. 5.62 (2) (a) of the statutes is amended to read:
AB981,41,2310 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
11organization may be represented on a separate primary ballot or in one or more
12separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
13a separate column on the general election ballot in every ward and election district.
14To qualify for a separate ballot under this paragraph, the political organization shall,
15not later than 5 p.m. on April 1 in the year of the partisan primary, file with the
16commission secretary of state a petition requesting separate ballot status. The
17petition shall be signed by at least 10,000 electors, including at least 1,000 electors
18residing in each of at least 3 separate congressional districts. The petition shall
19conform to the requirements of s. 8.40. No signature obtained before January 1 in
20the year of filing is valid. When the candidates of a political organization filing a
21valid petition fulfill the requirements prescribed by law, they shall appear on a
22separate ballot or one or more separate columns or rows on the ballot for the period
23ending with the following general election.
AB981,94 24Section 94. 5.62 (3) of the statutes is amended to read:
AB981,42,9
15.62 (3) The commission secretary of state shall designate the official primary
2ballot arrangement for statewide offices and district attorney within each
3prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On
4each ballot and on each separate column or row on the ballot, the candidates for office
5shall be listed together with the offices which they seek in the following order
6whenever these offices appear on the partisan primary ballot: governor, lieutenant
7governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S.
8representative in congress, state senator, representative to the assembly, district
9attorney, and the county offices.
AB981,95 10Section 95. 5.62 (4) (ar) of the statutes is amended to read:
AB981,42,1311 5.62 (4) (ar) Within a county the county clerk shall arrange the names of all
12candidates filing nomination papers with the clerk's office using the same method as
13that used by the commission secretary of state under s. 5.60 (1) (b).
AB981,96 14Section 96. 5.62 (4) (b) of the statutes is amended to read:
AB981,42,1915 5.62 (4) (b) The county board of election commissioners in counties having a
16population of more than 750,000 shall prepare the official primary ballot. The
17commissioners shall arrange the names of all candidates for each office whose
18nomination papers are filed at the county level, using the same method as that used
19by the elections commission secretary of state under s. 5.60 (1) (b).
AB981,97 20Section 97. 5.64 (1) (ag) of the statutes is amended to read:
AB981,42,2421 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
22giving the names of all candidates for president and vice president and for statewide,
23congressional, legislative, and county offices in the same form as prescribed by the
24commission secretary of state under s. 7.08 (1) (a).
AB981,98 25Section 98. 5.64 (1) (b) of the statutes is amended to read:
AB981,43,15
15.64 (1) (b) The names of the candidates for the offices of president and vice
2president that are certified under s. 8.16 (7) or that are contained in nomination
3papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08
4(2) (a). The names of the candidates on the regular party tickets nominated at the
5primary or replacements appointed under s. 8.35 (2) shall appear in a separate
6column under the party designation. The columns shall be arranged from left to right
7according to rank, based on the number of votes received by each party's candidate
8for president or governor at the last general election beginning with the party that
9received the most votes. To the right of the columns for parties qualifying under s.
105.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the
11same order in which the parties filed petitions with the commission secretary of
12state
. Any column required under par. (e) 2. shall be placed next in order. To the right
13of the party columns shall be a column for the names of independent candidates for
14each office, or more than one column if the first column does not provide sufficient
15space for the names of all such candidates.
AB981,99 16Section 99. 5.64 (1) (es) of the statutes is amended to read:
AB981,44,217 5.64 (1) (es) The party candidates shall be arranged consecutively from top to
18bottom based on the number of votes received by their party's candidate for governor
19at the last election beginning with the party that received the most votes. The
20independent president-vice president candidates shall be listed together in an order
21drawn by lot by or under supervision of the commission secretary of state, following
22under the party candidates. Along with the names of the independent candidates
23shall appear the party or principle of the candidates, if any, in 5 words or less, as
24shown on their nomination papers. Following under the independent candidates, a

1space shall be left for writing in the names of a candidate for president and vice
2president.
AB981,100 3Section 100. 5.64 (2) of the statutes is amended to read:
AB981,44,124 5.64 (2) Referendum ballot. (am) There shall be a separate ballot when any
5proposed constitutional amendment or any other measure or question is submitted
6to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise
7statement of each question in accordance with the act or resolution directing
8submission in the same form as prescribed by the commission secretary of state
9under s. 7.08 (1) (a). The question may not be worded in such a manner as to require
10a negative vote to approve a proposition or an affirmative vote to disapprove a
11proposition. Unless otherwise expressly provided, this ballot form shall be used at
12all elections when questions are submitted to a vote of the people.
AB981,45,213 (c) The official referendum ballot prescribed under this subsection shall be
14utilized at every election, except that the format shall be altered to the extent
15provided or required by other laws establishing or authorizing referenda to be
16conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate
17ballot, but more than one referendum question may appear on the same referendum
18ballot whenever the questions are numbered and all electors voting the ballot are
19entitled to vote upon all questions appearing thereon. When more than one state
20referendum is placed on the same ballot, the commission secretary of state shall
21number the questions in chronological sequence. If the legislature submits questions
22on different dates, the commission secretary of state shall number the questions
23sequentially based on the date on which the questions are submitted by the
24legislature. Except as authorized in s. 5.655, state and county referenda shall appear
25on a separate ballot from municipal or special district referenda. The form of all

1referendum ballots shall be substantially the same as that prescribed by the
2commission secretary of state under s. 7.08 (1) (a).
AB981,101 3Section 101. 5.655 (3) of the statutes is amended to read:
AB981,45,74 5.655 (3) The commission secretary of state shall prescribe notices and
5instructions to be given to electors who use a ballot that is authorized under sub. (2)
6in lieu of any notices and instructions that are applicable only to municipalities
7employing separate paper ballots.
AB981,102 8Section 102. 5.72 of the statutes is amended to read:
AB981,45,21 95.72 Correcting ballot errors. (1) As soon as possible after ballots are
10delivered to the county clerk or to the municipal clerk if the municipality is preparing
11ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a
12state or national office or statewide referendum, the county or municipal clerk
13preparing the ballots shall submit one copy of each ballot to the commission secretary
14of state
for review of possible errors. If the contractor preparing the ballots supplies
15proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs
16in lieu of actual ballots. If a voting machine ballot or other ballot combining local
17candidates or referenda with state or national candidates or referenda is used, the
18entire ballot shall be submitted, but if ballots intended for distribution to electors are
19used, only those ballots relating to state or national offices and statewide referenda
20need be submitted. This subsection does not require delay of ballot distribution or
21mailing of absentee ballots.
AB981,46,2 22(2) The commission secretary of state shall review ballots and proof copies
23submitted under sub. (1) and shall notify the county and municipal clerk of any error
24as soon as possible but in no event later than 7 days after submission. The clerk is

1not required to correct a ballot error upon receipt of notice of the error, unless ordered
2to do so under sub. (3) or s. 5.06 (6).
AB981,46,8 3(3) Whenever an affidavit is filed by the commission secretary of state or any
4elector alleging an error or omission in the preparation of a ballot, the circuit court
5for the county where the ballot is proposed to be used or its presiding judge, by order,
6may summarily require a county or municipal clerk to correct the error, or show
7cause why it should not be corrected and, by order, after the hearing, have the
8correction made.
AB981,103 9Section 103. 5.83 of the statutes is amended to read:
AB981,46,16 105.83 Preparation for use of voting devices; comparison of ballots.
11Where voting devices are used at a polling place, the municipal clerk shall cause the
12voting devices to be put in order, set, adjusted, and made ready for voting when
13delivered to the polling place. Before the opening of the polls the inspectors shall
14compare the ballots used in the voting devices with the sample ballots furnished and
15see that the names, numbers, and letters thereon agree and shall certify thereto on
16forms provided by the commission secretary of state.
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