SB834: Bill Text

SB834,,589 (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the commission secretary of state shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

SB834,,590 (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the commission secretary of state shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held, this notice shall be sent under par. (c). When there is a referendum, the commission secretary shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

SB834,,591 (f) On or before the 3rd Tuesday in March preceding a partisan primary and general election the commission secretary of state shall send a type A notice to each county clerk.

SB834,,592 (h) As soon as possible after the deadline for determining ballot arrangement for the partisan primary on June 10, the commission secretary of state shall send a type B notice to each county clerk certifying the list of candidates for the partisan primary.

SB834,,593 (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in August, the commission secretary of state shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election.

SB834,264 Section 264. 10.06 (2) (a) of the statutes is amended to read:

SB834,,595 10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each county clerk shall publish a type A notice based on the notice received from the commission secretary of state for all state offices to be filled at the election by any electors voting in the county and a similar notice incorporating any county offices.

SB834,265 Section 265. 10.06 (2) (b) of the statutes is amended to read:

SB834,,597 10.06 (2) (b) Upon receipt of the type B notice from the commission secretary of state preceding the spring election each county clerk shall add any county offices, prepare the ballots, and send notice to each municipal clerk of the spring primary. When there is no state spring primary within the county, but there is to be a county spring primary, the county clerk shall prepare the ballots and send notice to each municipal clerk.

SB834,266 Section 266. 10.06 (2) (e) of the statutes is amended to read:

SB834,,599 10.06 (2) (e) Upon receipt of the type B notice from the commission secretary of state each county clerk shall add any county offices and referenda, prepare the ballots and send notice to each municipal clerk of the coming spring election.

SB834,267 Section 267. 10.06 (2) (h) of the statutes is amended to read:

SB834,,601 10.06 (2) (h) On the 2nd Tuesday in April preceding a partisan primary and general election, the county clerk shall publish a type A notice based on the notice received from the commission secretary of state for all national and state offices to be filled at the election by any electors voting in the county and incorporating county offices.

SB834,268 Section 268. 10.06 (2) (k) of the statutes is amended to read:

SB834,,603 10.06 (2) (k) Upon receipt of the type B notice from the commission secretary of state preceding the general election, the county clerk shall add county offices and referenda, if any, and send notice to each municipal clerk of the coming general election and prepare the ballots.

SB834,269 Section 269. 12.01 (intro.) and (1) of the statutes are consolidated, renumbered 12.01 and amended to read:

SB834,,605 12.01 Definitions. The definitions given under s. 11.0101 apply to this chapter, except as follows: (1) “Candidate” that “candidate” includes a candidate for national office.

SB834,270 Section 270. 12.01 (2) of the statutes is repealed.

SB834,271 Section 271. 12.13 (5) (a) of the statutes is amended to read:

SB834,,608 12.13 (5) (a) Except as specifically authorized by law and except as provided in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission secretary of state may disclose information related to an investigation or prosecution under chs. 5 to 10 or 12, or any other law specified in s. 978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the commission secretary of state that is not subject to access under s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or investigator or a member, an employee, or agent of the commission secretary of state prior to presenting the information or record in a court of law.

SB834,272 Section 272. 12.13 (5) (b) (intro.) of the statutes is amended to read:

SB834,,610 12.13 (5) (b) (intro.) This subsection does not apply to any of the following communications made by an investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission secretary of state:

SB834,273 Section 273. 12.13 (5) (b) 3. of the statutes is amended to read:

SB834,,612 12.13 (5) (b) 3. Communications made to the attorney of an investigator, prosecutor, or employee, or member of the commission secretary of state or to a person or the attorney of a person who is investigated or prosecuted by the commission secretary of state.

SB834,274 Section 274. 13.123 (3) (b) 2. of the statutes is amended to read:

SB834,,614 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections commission secretary of state or the chairperson’s secretary’s designee if such determination has been issued.

SB834,275 Section 275. 13.23 of the statutes is amended to read:

SB834,,616 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections commission secretary of state at least 10 days before the day fixed by law for the meeting of the legislature. The elections commission secretary of state shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

SB834,276 Section 276. 14.38 (10m) of the statutes is amended to read:

SB834,,618 14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the elections commission secretary of state records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.

SB834,277 Section 277. 15.01 (2) of the statutes is amended to read:

SB834,,620 15.01 (2) “Commission” means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the employment relations commission which shall consist of one chairperson, the Wisconsin waterways commission which shall consist of 5 members, the elections commission which shall consist of at least 6 members, the ethics commission which shall consist of at least 6 members, and the parole commission which shall consist of 4 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a “commission”, but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a “commission”, but is not a commission for purposes of s. 15.06.

SB834,278 Section 278. 15.06 (1) (d) of the statutes is repealed.

SB834,279 Section 279. 15.06 (2) (b) 1. of the statutes is repealed.

SB834,280 Section 280. 15.06 (2) (b) 2. of the statutes is renumbered 15.06 (2) (b).

SB834,281 Section 281. 15.06 (3) (a) 5. of the statutes is repealed.

SB834,282 Section 282. 15.06 (5) of the statutes is amended to read:

SB834,,626 15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state. The elections commission and the ethics commission shall meet in person at least 4 times each year and shall conduct meetings in accordance with accepted parliamentary procedure.

SB834,283 Section 283. 15.06 (6) of the statutes is amended to read:

SB834,,628 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission, elections commission, or ethics commission.

SB834,284 Section 284. 15.06 (10) of the statutes is amended to read:

SB834,,630 15.06 (10) Compensation. A member of the elections commission and a member of the ethics commission shall receive a per diem of $115 for each day on which the member attends or participates by audio or video conference call in a meeting of the member’s commission.

SB834,285 Section 285. 15.61 of the statutes is repealed.

SB834,286 Section 286. 16.79 (2) of the statutes is amended to read:

SB834,,633 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the elections commission secretary of state. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections commission secretary of state shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

SB834,287 Section 287. 16.96 (3) (b) of the statutes is amended to read:

SB834,,635 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections commission secretary of state.

SB834,288 Section 288. 17.17 (1) of the statutes is amended to read:

SB834,,637 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections commission secretary of state.

SB834,289 Section 289. 17.17 (4) of the statutes is amended to read:

SB834,,639 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the elections commission secretary of state.

SB834,290 Section 290. 19.42 (10) (a) of the statutes is repealed.

SB834,291 Section 291. 19.42 (13) (p) of the statutes is repealed.

SB834,292 Section 292. 19.43 (4) of the statutes is amended to read:

SB834,,643 19.43 (4) A candidate for state public office shall file with the commission a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a); no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus; or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the elections commission secretary of state, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections commission secretary of state, municipal clerk, or board of election commissioners may not certify the candidate’s name for ballot placement.

SB834,293 Section 293. 19.85 (1) (h) of the statutes is amended to read:

SB834,,645 19.85 (1) (h) Consideration of requests for confidential written advice from the elections commission secretary of state under s. 5.05 (6a) or the ethics commission under s. 19.46 (2), or from any county or municipal ethics board under s. 19.59 (5).

SB834,294 Section 294. 19.851 (title) of the statutes is amended to read:

SB834,,647 19.851 (title) Closed sessions by ethics or elections commission.

SB834,295 Section 295. 19.851 (1) of the statutes is amended to read:

SB834,,649 19.851 (1) Prior to convening under this section or under s. 19.85 (1), the ethics commission and the elections commission shall vote to convene in closed session in the manner provided in s. 19.85 (1). The ethics commission shall identify the specific reason or reasons under sub. (2) and s. 19.85 (1) (a) to (h) for convening in closed session. The elections commission shall identify the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed session. No business may be conducted by the ethics commission or the elections commission at any closed session under this section except that which relates to the purposes of the session as authorized in this section or as authorized in s. 19.85 (1).

SB834,296 Section 296. 20.505 (1) (d) of the statutes is amended to read:

SB834,,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.

SB834,297 Section 297. 20.510 (intro.) and (1) (title) of the statutes are repealed.

SB834,298 Section 298. 20.510 (1) (a) of the statutes is renumbered 20.575 (2) (a) and amended to read:

SB834,,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).

SB834,299 Section 299. 20.510 (1) (be) of the statutes is renumbered 20.575 (2) (be) and amended to read:

SB834,,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.

SB834,300 Section 300. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).

SB834,301 Section 301. 20.510 (1) (br) of the statutes is renumbered 20.575 (2) (br).

SB834,302 Section 302. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).

SB834,303 Section 303. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).

SB834,304 Section 304. 20.510 (1) (e) of the statutes is renumbered 20.575 (2) (e).

SB834,305 Section 305. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g) and amended to read:

SB834,,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.

SB834,306 Section 306. 20.510 (1) (h) of the statutes is renumbered 20.575 (2) (h) and amended to read:

SB834,,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.

SB834,307 Section 307. 20.510 (1) (jm) of the statutes is renumbered 20.575 (2) (jm) and amended to read:

SB834,,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.

SB834,308 Section 308. 20.510 (1) (jn) of the statutes, as created by 2021 Wisconsin Act 58, is renumbered 20.575 (2) (jn).

SB834,309 Section 309. 20.510 (1) (m) of the statutes is renumbered 20.575 (2) (m).

SB834,310 Section 310. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).

SB834,311 Section 311. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).

SB834,312 Section 312. 20.575 (1) (g) of the statutes is amended to read:

SB834,,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.

SB834,313 Section 313. 20.575 (1) (ka) of the statutes is amended to read:

SB834,,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.

SB834,314 Section 314. 38.16 (3) (br) 3. of the statutes is amended to read:

SB834,,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.