SB834: Bill Text

SB834,118,8 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:

SB834,118,13 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SB834,270 Section 270. 12.01 (2) of the statutes is repealed.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:

SB834,118,24 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:

SB834,119,3 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:

SB834,119,8 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:

SB834,119,13 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:

SB834,119,24 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:

SB834,120,6 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:

SB834,120,18 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:

SB834,121,4 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:

SB834,121,9 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:

SB834,121,14 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:

SB834,121,24 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:

SB834,122,4 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:

SB834,122,9 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:

SB834,122,13 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:

SB834,123,10 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:

SB834,123,14 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:

SB834,123,16 19.851 (title) Closed sessions by ethics or elections commission.

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

SB834,124,2 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:

SB834,124,9 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:

SB834,124,17 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:

SB834,124,22 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:

SB834,125,9 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:

SB834,125,22 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:

SB834,126,5 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:

SB834,126,18 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:

SB834,127,2 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:

SB834,127,11 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.

SB834,315 Section 315. 49.165 (4) (a) of the statutes is amended to read:

SB834,127,15 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).

SB834,316 Section 316. 59.605 (3) (a) 3. of the statutes is amended to read:

SB834,128,10 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)."

SB834,317 Section 317. 67.05 (3) (b) of the statutes is amended to read:

SB834,128,19 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).

SB834,318 Section 318. 67.05 (6) of the statutes is amended to read:

SB834,129,9 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.

SB834,319 Section 319. 85.61 (1) of the statutes is amended to read:

SB834,129,19 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.

SB834,320 Section 320. 117.20 (2) of the statutes is amended to read:

SB834,130,6 117.20 (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.

SB834,321 Section 321. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB834,130,12 117.27 (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: