AB899: Bill Text

AB899,296 Section 296. 20.505 (1) (d) of the statutes is amended to read:

AB899,,651 20.505 (1) (d) Special counsel. A sum sufficient, subject to s. 5.05 (2q), for supplementing the appropriation under s. 20.510 (1) 20.575 (2) (be) for ongoing investigations; subject to s. 19.49 (2q), for supplementing the appropriation under s. 20.521 (1) (be) for ongoing investigations; and, subject to the procedures established in s. 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 14.11 (2) and 321.42.

AB899,297 Section 297. 20.510 (intro.) and (1) (title) of the statutes are repealed.

AB899,298 Section 298. 20.510 (1) (a) of the statutes is renumbered 20.575 (2) (a) and amended to read:

AB899,,654 20.575 (2) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the commission secretary of state with regard to election administration, including the printing of forms, materials, manuals, and election laws under s. 7.08 (1) (b), (3), and (4), and the training of election officials under s. 5.05 (7).

AB899,299 Section 299. 20.510 (1) (be) of the statutes is renumbered 20.575 (2) (be) and amended to read:

AB899,,656 20.575 (2) (be) Investigations. The amounts in the schedule for the purpose of financing the costs of investigations authorized by the commission secretary of state of potential violations of chs. 5 to 10 and 12.

AB899,300 Section 300. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).

AB899,301 Section 301. 20.510 (1) (br) of the statutes is renumbered 20.575 (2) (br).

AB899,302 Section 302. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).

AB899,303 Section 303. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).

AB899,304 Section 304. 20.510 (1) (e) of the statutes is renumbered 20.575 (2) (e).

AB899,305 Section 305. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g) and amended to read:

AB899,,663 20.575 (2) (g) Recount fees. The amounts in the schedule to be apportioned to the commission secretary of state and the county clerks or county board of election commissioners as prescribed in s. 9.01 (1) (ag). All moneys received on account of recount petitions filed with the commission secretary of state shall be credited to this appropriation account.

AB899,306 Section 306. 20.510 (1) (h) of the statutes is renumbered 20.575 (2) (h) and amended to read:

AB899,,665 20.575 (2) (h) Materials and services. The For the purpose of administering elections, the amounts in the schedule for the costs of publishing documents, locating and copying records, and conducting administrative meetings and conferences, for compiling, disseminating, and making available information prepared by and filed with the commission secretary of state, and for supplies, postage, and shipping. All With regard to election administration, all moneys received by the commission secretary of state from collections for sales of publications, for copies of records, for supplies, for postage, for shipping and records location fees, and for charges assessed to participants in administrative meetings and conferences, except moneys received from requesters from sales of copies of the official registration list, shall be credited to this appropriation account.

AB899,307 Section 307. 20.510 (1) (jm) of the statutes is renumbered 20.575 (2) (jm) and amended to read:

AB899,,667 20.575 (2) (jm) Gifts and grants. The amounts in the schedule to carry out the purposes, not inconsistent with the law, for which gifts, grants, and bequests to the commission secretary of state are made. All moneys received by the commission secretary of state from gifts, grants, and bequests shall be credited to this appropriation account.

AB899,308 Section 308. 20.510 (1) (jn) of the statutes, as created by 2021 Wisconsin Act 58, is renumbered 20.575 (2) (jn).

AB899,309 Section 309. 20.510 (1) (m) of the statutes is renumbered 20.575 (2) (m).

AB899,310 Section 310. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).

AB899,311 Section 311. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).

AB899,312 Section 312. 20.575 (1) (g) of the statutes is amended to read:

AB899,,673 20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under par. (ka) and sub. (2), all amounts received by the secretary of state, including all moneys transferred from the appropriation under s. 20.144 (1) (g), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10 percent of that fiscal year’s expenditures under this appropriation shall lapse to the general fund.

AB899,313 Section 313. 20.575 (1) (ka) of the statutes is amended to read:

AB899,,675 20.575 (1) (ka) Agency collections. The amounts in the schedule for photocopying and microfilm copying of documents, generation of copies of documents from optical disc or electronic storage, publication of books, and other services provided in carrying out the functions of the office. All Except for moneys received under sub. (2) (h), all moneys received by the office as fees or other charges for photocopying, microfilm copying, generation of copies of documents from optical disc or electronic storage, sales of books, and other services provided in carrying out the functions of the office shall be credited to this appropriation.

AB899,314 Section 314. 38.16 (3) (br) 3. of the statutes is amended to read:

AB899,,677 38.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12. The district board shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under this subsection may be exceeded by a specified amount. The limit otherwise applicable to the district under this subsection is increased by the amount approved by a majority of those voting on the question.

AB899,315 Section 315. 49.165 (4) (a) of the statutes is amended to read:

AB899,,679 49.165 (4) (a) The department shall certify to the elections commission secretary of state, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB899,316 Section 316. 59.605 (3) (a) 3. of the statutes is amended to read:

AB899,,681 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: “Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?” If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: “Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year).”

AB899,317 Section 317. 67.05 (3) (b) of the statutes is amended to read:

AB899,,683 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a).

AB899,318 Section 318. 67.05 (6) of the statutes is amended to read:

AB899,,685 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

AB899,319 Section 319. 85.61 (1) of the statutes is amended to read:

AB899,,687 85.61 (1) The secretary of transportation and the administrator of the elections commission secretary of state shall enter into an agreement 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 in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission secretary of state to verify the accuracy of the information provided for the purpose of voter registration.

AB899,320 Section 320. 117.20 (2) of the statutes is amended to read:

AB899,,689 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (9), (11), (13), and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the commission state a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

AB899,321 Section 321. 117.27 (2) (b) (intro.) of the statutes is amended to read:

AB899,,691 117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

AB899,322 Section 322. 121.91 (3) (c) of the statutes is amended to read:

AB899,,693 121.91 (3) (c) A referendum under this subsection shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

AB899,323 Section 323. 165.93 (4) (a) of the statutes is amended to read:

AB899,,695 165.93 (4) (a) The department shall certify to the elections commission secretary of state, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB899,324 Section 324. 198.08 (10) of the statutes is amended to read:

AB899,,697 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile, and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the elections commission secretary of state shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

AB899,325 Section 325. 200.09 (11) (am) 2. of the statutes is amended to read:

AB899,,699 200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The metropolitan sewerage district commission shall immediately notify the elections commission secretary of state under s. 5.05 upon passage of a resolution under subd. 1.

AB899,326 Section 326. 200.09 (11) (am) 3. of the statutes is amended to read:

AB899,,701 200.09 (11) (am) 3. If the governing bodies of each city, town, and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The metropolitan sewerage district commission shall immediately notify the elections commission secretary of state under s. 5.05 upon passage of a resolution under this subdivision.

AB899,327 Section 327. 227.03 (6) of the statutes is amended to read:

AB899,,703 227.03 (6) Orders of the elections commission secretary of state under s. 5.06 (6) are not subject to this chapter.

AB899,328 Section 328. 227.52 (6) of the statutes is amended to read:

AB899,,705 227.52 (6) Decisions of the chairperson of the elections commission secretary of state or the chairperson’s secretary’s designee.

AB899,329 Section 329. 230.08 (2) (eL) of the statutes is repealed.

AB899,330 Section 330. 301.03 (20m) of the statutes is amended to read:

AB899,,708 301.03 (20m) Transmit to the elections commission secretary of state, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

AB899,331 Section 331. 342.06 (1) (eg) of the statutes is amended to read:

AB899,,710 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, and to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).

AB899,332 Section 332. 343.027 of the statutes is amended to read:

AB899,,712 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the elections commission secretary of state, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, to a law enforcement agency, or to the driver licensing agency of another jurisdiction.

AB899,333 Section 333. 343.11 (2m) of the statutes is amended to read:

AB899,,714 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections commission secretary of state of the person’s name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

AB899,334 Section 334. 343.14 (2j) of the statutes is amended to read:

AB899,,716 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, to the driver licensing agency of another jurisdiction, or to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).

AB899,335 Section 335. 343.50 (8) (c) 3. of the statutes is amended to read:

AB899,,718 343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae) any applicant information or identification card holder information maintained by the department of transportation and identified in s. 343.14 (2).

AB899,336 Section 336. 756.04 (2) (c) 1. of the statutes is amended to read:

AB899,,720 756.04 (2) (c) 1. A list of registered voters from the elections commission secretary of state.

AB899,337 Section 337. 778.135 of the statutes is amended to read:

AB899,,722 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections commission secretary of state under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the secretary of state or the ethics commission, as appropriate, and deposited with the secretary of administration.

AB899,338 Section 338. 978.05 (1) of the statutes is amended to read:

AB899,,724 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit and have sole responsibility for prosecution of all criminal actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or 19.49 (2) (h) or this chapter or by referral of the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than an individual is a resident of a prosecutorial unit if the person’s principal place of operation is located in that prosecutorial unit.

AB899,339 Section 339. 978.05 (2) of the statutes is amended to read:

AB899,,726 978.05 (2) Forfeitures. Except as otherwise provided by law, prosecute all state forfeiture actions, county traffic actions and actions concerning violations of county ordinances which are in conformity with state criminal laws in the courts within his or her prosecutorial unit and have joint responsibility, together with the elections commission secretary of state and the ethics commission, for prosecution of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur within his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (h) or 19.49 (2) (g) or this chapter or by referral of the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than an individual is a resident of a prosecutorial unit if the person’s principal place of operation is located in that prosecutorial unit.

AB899,340 Section 340. Nonstatutory provisions.

AB899,,728 (1) Audit report recommendations. The secretary of state and the secretary’s employees shall, to the extent practicable within their responsibilities, implement the recommendations contained in the legislative audit bureau’s Report 21-19 regarding the past performance of the elections commission. The secretary of state shall report the progress in implementing those recommendations to the legislature no later than December 31, 2023.

AB899,,729 (2) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the elections commission are transferred to the secretary of state.

AB899,,730 (3) Positions and employees.

AB899,,731 (a) On the effective date of this paragraph, all full-time equivalent positions of the elections commission are transferred to the secretary of state.

AB899,,732 (b) All incumbent employees holding positions at the elections commission on the effective date of this paragraph, except the incumbent employee holding the position of administrator, are transferred on the effective date of this paragraph to the secretary of state.

AB899,,733 (c) Employees transferred under par. (b) have all the rights and the same status under subch. V of ch. 111 at the office of the secretary of state that they enjoyed at the elections commission immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB899,,734 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the elections commission is transferred to the secretary of state.

AB899,,735 (5) Contracts. All contracts entered into by the elections commission that are in effect on the effective date of this subsection shall remain in effect and are transferred to the secretary of state, except that no such contract may be extended, modified, or renewed. The secretary of state shall carry out all contractual obligations under each contract until the contract expires or is rescinded by the secretary of state to the extent allowed under the contract.

AB899,,736 (6) Orders and formal opinions. All formal opinions and orders issued by the elections commission that are in effect on the effective date of this subsection are transferred to the secretary of state and shall remain in effect until the secretary of state repeals an order or changes or withdraws a formal opinion.

AB899,,737 (7) Pending matters. All matters pending with the elections commission on the effective date of this subsection are transferred to the secretary of state, and all materials submitted to or actions taken by the elections commission with respect to any pending matter are considered as having been submitted to or taken by the secretary of state.

AB899,,738 (8) Transition. Notwithstanding s. 15.61, 2019 stats., the terms of office of all members of the elections commission holding office on the effective date of this subsection shall expire on the effective date of this subsection.