AB981,30,5
245.056 Matching program with secretary of transportation. The
25commission administrator secretary of state shall enter into the agreement with the
1secretary of transportation specified under s. 85.61 (1) to match personally
2identifiable information on the official registration list maintained by the
3commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
4(2m) with personally identifiable information maintained by the department of
5transportation.
AB981,60
6Section
60. 5.06 (1) of the statutes is amended to read:
AB981,30,227
5.06
(1) Whenever any elector of a jurisdiction or district served by an election
8official believes that a decision or action of the official or the failure of the official to
9act with respect to any matter concerning nominations, qualifications of candidates,
10voting qualifications, including residence, ward division and numbering, recall,
11ballot preparation, election administration or conduct of elections is contrary to law,
12or the official has abused the discretion vested in him or her by law with respect to
13any such matter, the elector may file a written sworn complaint with the
commission 14secretary of state requesting that the official be required to conform his or her
15conduct to the law, be restrained from taking any action inconsistent with the law
16or be required to correct any action or decision inconsistent with the law or any abuse
17of the discretion vested in him or her by law. The complaint shall set forth such facts
18as are within the knowledge of the complainant to show probable cause to believe
19that a violation of law or abuse of discretion has occurred or will occur. The complaint
20may be accompanied by relevant supporting documents. The
commission secretary 21may conduct a hearing on the matter in the manner prescribed for treatment of
22contested cases under ch. 227 if
it he or she believes such action to be appropriate.
AB981,61
23Section
61. 5.06 (2) of the statutes is amended to read:
AB981,31,724
5.06
(2) No person who is authorized to file a complaint under sub. (1), other
25than the attorney general or a district attorney, may commence an action or
1proceeding to test the validity of any decision, action
, or failure to act on the part of
2any election official with respect to any matter specified in sub. (1) without first filing
3a complaint under sub. (1), nor prior to disposition of the complaint by the
4commission secretary of state. A complaint is deemed disposed of if the
commission 5secretary fails to transmit an acknowledgment of receipt of the complaint within 5
6business days from the date of its receipt or if the
commission secretary concludes
7its an investigation without a formal decision.
AB981,62
8Section
62. 5.06 (4) of the statutes is amended to read:
AB981,31,159
5.06
(4) The
commission
secretary of state may,
on its own motion
at his or her
10discretion, investigate and determine whether any election official, with respect to
11any matter concerning nominations, qualifications of candidates, voting
12qualifications, including residence, ward division and numbering, recall, ballot
13preparation, election administration or conduct of elections, has failed to comply
14with the law or abused the discretion vested in him or her by law or proposes to do
15so.
AB981,63
16Section
63. 5.06 (5) of the statutes is amended to read:
AB981,31,2317
5.06
(5) Upon receipt of a complaint under sub. (1), or
upon its own motion at
18his or her discretion, the
commission secretary of state may order any election official
19to immediately transfer to
its his or her possession any original documents in the
20custody of the official which the
commission
secretary finds to be necessary and
21relevant to permit review of compliance with the laws concerning nominations,
22qualifications of candidates, ward division and numbering, recall or ballot
23preparation or the proper administration of such laws.
AB981,64
24Section
64. 5.06 (6) of the statutes is amended to read:
AB981,32,8
15.06
(6) The
commission
secretary of state may, after such investigation as
it 2the secretary deems appropriate, summarily decide the matter before
it the secretary 3and, by order, require any election official to conform his or her conduct to the law,
4restrain an official from taking any action inconsistent with the law or require an
5official to correct any action or decision inconsistent with the law. The
commission 6secretary shall immediately transmit a copy of the order to the official. An order
7issued under this subsection is effective immediately or at such later time as may be
8specified in the order.
AB981,65
9Section
65. 5.06 (7) of the statutes is amended to read:
AB981,32,1210
5.06
(7) The
commission
secretary of state may withdraw, modify
, or correct an
11order issued under sub. (6) within a timely period if
it the secretary finds such action
12to be appropriate.
AB981,66
13Section
66. 5.06 (8) of the statutes is amended to read:
AB981,32,1814
5.06
(8) Any election official or complainant who is aggrieved by an order issued
15under sub. (6) may appeal the decision of the
commission secretary of state to circuit
16court for the county where the official conducts business or the complainant resides
17no later than 30 days after issuance of the order. Pendency of an appeal does not stay
18the effect of an order unless the court so orders.
AB981,67
19Section
67. 5.06 (9) of the statutes is amended to read:
AB981,33,320
5.06
(9) The court may not conduct a de novo proceeding with respect to any
21findings of fact or factual matters upon which the
commission secretary of state has
22made a determination, or could have made a determination if the parties had
23properly presented the disputed matters to the
commission secretary for
its
his or her 24consideration. The court shall summarily hear and determine all contested issues
25of law and shall affirm, reverse or modify the determination of the
commission
1secretary, according due weight to the experience, technical competence
, and
2specialized knowledge of the
commission secretary, pursuant to the applicable
3standards for review of agency decisions under s. 227.57.
AB981,68
4Section
68. 5.061 (1) of the statutes is amended to read:
AB981,33,85
5.061
(1) Whenever any person believes that a violation of Title III of P.L.
6107-252 has occurred, is occurring, or is proposed to occur with respect to an election
7for national office in this state, that person may file a written, verified complaint with
8the
commission secretary of state.
AB981,69
9Section
69. 5.061 (2) of the statutes is amended to read:
AB981,33,1210
5.061
(2) If the
commission
secretary of state receives more than one complaint
11under sub. (1) relating to the same subject matter, the
commission secretary may
12consolidate the complaints for purposes of this section.
AB981,70
13Section
70. 5.061 (3) of the statutes is amended to read:
AB981,33,2114
5.061
(3) A complainant under sub. (1) or any of the complainants in a
15consolidated complaint under sub. (2) may request a hearing and the matter shall
16then be treated as a contested case under ch. 227, except that the
commission 17secretary of state shall make a final determination with respect to the merits of the
18complaint and issue a decision within 89 days of the time that the complaint or the
19earliest of any complaints was filed, unless the complainant, or each of any
20complainants whose complaints are consolidated, consents to a specified longer
21period.
AB981,71
22Section
71. 5.061 (4) of the statutes is amended to read:
AB981,34,423
5.061
(4) If the
commission
secretary of state finds the complaint to be without
24merit,
it the secretary shall issue a decision dismissing the complaint. If the
25commission secretary finds that the violation alleged in the complaint has occurred,
1is occurring, or is proposed to occur, the
commission secretary shall order appropriate
2relief, except that the
commission secretary shall not issue any order under this
3subsection affecting the right of any person to hold an elective office or affecting the
4canvass of an election on or after the date of that election.
AB981,72
5Section
72. 5.25 (4) of the statutes is amended to read:
AB981,34,116
5.25
(4) (a) Each polling place shall be accessible to all individuals with
7disabilities. The
commission secretary of state shall ensure that the voting system
8used at each polling place will permit all individuals with disabilities to vote without
9the need for assistance and with the same degree of privacy that is accorded to
10nondisabled electors voting at the same polling place. This paragraph does not apply
11to any individual who is disqualified from voting under s. 6.03 (1) (a).
AB981,34,1512(b) In any jurisdiction that is subject to the requirement under
42 USC
131973aa-1a to provide voting materials in any language other than English, the
14commission secretary of state shall ensure that the voting system used at each
15polling place in that jurisdiction is in compliance with
42 USC 1973aa-1a.
AB981,34,2116
(d) No later than June 30 of each odd-numbered year, the
commission office of
17the secretary of state shall submit a report on impediments to voting faced by elderly
18and handicapped individuals to the appropriate standing committees of the
19legislature under s. 13.172 (3). In preparing its report under this paragraph, the
20commission office shall consult with appropriate advocacy groups representing the
21elderly and handicapped populations.