SB834: Bill Text

SB834,,545 9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition requests a recount where no wards exist, plus the actual cost incurred by the commission secretary of state to provide services for performing the recount.

SB834,246 Section 246. 9.01 (1) (ag) 4. of the statutes is amended to read:

SB834,,547 9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys received by it the secretary into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held and shall retain the amount necessary to pay for the actual cost incurred by the commission secretary of state to provide services for performing the recount. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

SB834,247 Section 247. 9.01 (1) (ar) 2. of the statutes is amended to read:

SB834,,549 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the commission secretary of state.

SB834,248 Section 248. 9.01 (1) (ar) 3. of the statutes is amended to read:

SB834,,551 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the commission secretary of state receives a valid petition and any payment under par. (ag) 3., the commission secretary shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the 3rd day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the commission secretary may permit extension of the time for adjournment. Returns from a recount ordered by the commission secretary of state shall be transmitted to the office of the commission secretary as soon as possible, but in no case later than 13 days from the date of the order of the commission secretary directing the recount. The commission chairperson secretary of state or the chairperson’s secretary’s designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The commission chairperson secretary of state or the chairperson’s secretary’s designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

SB834,249 Section 249. 9.01 (5) (a) of the statutes is amended to read:

SB834,,553 9.01 (5) (a) The board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson secretary or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee receives exhibits from any party, the board of canvassers or the chairperson secretary or designee shall number and preserve the exhibits. The board of canvassers or the chairperson secretary or chairperson’s secretary’s designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson secretary or chairperson’s secretary’s designee may administer oaths, certify official acts, and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the commission chairperson secretary of state or chairperson’s the secretary’s designee, witness fees shall be paid by the commission secretary of state.

SB834,250 Section 250. 9.01 (5) (bm) of the statutes is amended to read:

SB834,,555 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the commission secretary of state one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the county committee of that political party.

SB834,251 Section 251. 9.01 (5) (c) of the statutes is amended to read:

SB834,,557 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the commission chairperson secretary of state or the chairperson’s secretary’s designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the commission chairperson secretary of state or designee. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the commission chairperson secretary of state or the chairperson’s secretary’s designee receives such results, the chairperson secretary or designee shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the commission chairperson secretary or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

SB834,252 Section 252. 9.01 (6) (a) of the statutes is amended to read:

SB834,,559 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the commission chairperson secretary of state or the chairperson’s secretary’s designee whenever a determination is made by the chairperson secretary or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the commission chairperson secretary of state or the chairperson’s secretary’s designee. The appellant shall also serve notice on the commission secretary of state if the commission chairperson secretary or the chairperson’s secretary’s designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

SB834,253 Section 253. 9.01 (7) (a) of the statutes is amended to read:

SB834,,561 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission secretary of state, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county, municipal clerk, or board, the commission secretary of state, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

SB834,254 Section 254. 9.01 (8) (a) of the statutes is amended to read:

SB834,,563 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the commission chairperson secretary of state or chairperson’s secretary’s designee, it shall affirm the determination.

SB834,255 Section 255. 9.01 (8) (c) of the statutes is amended to read:

SB834,,565 9.01 (8) (c) The court may not receive evidence not offered to the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

SB834,256 Section 256. 9.01 (8) (d) of the statutes is amended to read:

SB834,,567 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee if it finds that the board of canvassers or the chairperson secretary or chairperson’s secretary’s designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson secretary or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

SB834,257 Section 257. 9.01 (10) of the statutes is amended to read:

SB834,,569 9.01 (10) Standard forms and methods. The commission secretary of state shall prescribe, by rule, standard forms and procedures for the making of recounts under this section. The procedures prescribed by the commission secretary shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the commission staff office of the secretary of state prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

SB834,258 Section 258. 10.01 (1) of the statutes is amended to read:

SB834,,571 10.01 (1) The form of the various election notices shall be prescribed by the commission secretary of state to standardize election notices. To accomplish this purpose, the commission secretary shall make rules and draft whatever forms it the secretary considers necessary. Notification or certification lists of candidates or referenda questions sent to the county clerks shall prescribe the form in which the county clerks shall publish the relevant portions of the notice and any additional county offices and referenda questions. The commission secretary of state shall also prescribe the provisions for municipal notices which shall be sent to each county clerk who shall immediately forward them to each municipal clerk.

SB834,259 Section 259. 10.01 (2) (intro.) of the statutes is amended to read:

SB834,,573 10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices, modified as necessary to apply to the various elections, which shall be published in substantially the same form as prescribed by the commission secretary of state. The 5 types of notices are:

SB834,260 Section 260. 10.02 (1) of the statutes is amended to read:

SB834,,575 10.02 (1) Before any election an appropriate type B notice shall be published in substantially the form prescribed by the commission secretary of state at the times prescribed in s. 10.06. The type B notice shall include the following relevant sections and be within the guidelines established in this section.

SB834,261 Section 261. 10.02 (2) (c) of the statutes is amended to read:

SB834,,577 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the commission secretary of state and shall conform to the form prescribed by the commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

SB834,262 Section 262. 10.02 (3) (intro.) of the statutes is amended to read:

SB834,,579 10.02 (3) (intro.) The notice shall contain the following:

SB834,,580 FACSIMILE BALLOT NOTICE

SB834,,581 OF .... ELECTION

SB834,,582 Office of .... [County] [Municipal] Clerk.

SB834,,583 To the Electors of .... [County] [Municipality]:

SB834,,584 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

SB834,,585 INFORMATION TO ELECTORS

SB834,,586 Except where a different statement is prescribed by the commission secretary of state for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

SB834,263 Section 263. 10.06 (1) of the statutes is amended to read:

SB834,,588 10.06 (1) Elections commission Secretary of state. (a) On or before November 15 preceding a spring election the commission secretary of state shall send a type A notice to each county clerk.

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.