AB899,,93931. Any record of the action of the commission office authorizing the filing of a civil complaint under sub. (2m) (c) 6.
AB899,,94942. Any record of the action of the commission office referring a matter to a district attorney or other prosecutor for investigation or prosecution.
AB899,,9595(f) The commission office shall make public formal and informal advisory opinions and records obtained in connection with requests for formal or informal advisory opinions relating to matters under the jurisdiction of the commission office, including the identity of individuals requesting such opinions or organizations or governmental bodies on whose behalf they are requested.
AB899,4396Section 43. 5.05 (5t) of the statutes is amended to read:
AB899,,97975.05 (5t) Guidance following binding court decisions. Within 2 months following the publication of a decision of a state or federal court that is binding on the commission secretary of state and this state, the commission secretary of state shall issue updated guidance or formal advisory opinions, commence the rule-making procedure to revise administrative rules promulgated by the commission secretary of state, or request an opinion from the attorney general on the applicability of the court decision.
AB899,4498Section 44. 5.05 (6a) of the statutes is amended to read:
AB899,,99995.05 (6a) Advisory opinions. (a) 1. Any individual, either personally or on behalf of an organization or governmental body, may make a request of the commission the secretary of state in writing, electronically, or by telephone for a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the commission secretary a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the prospective appointee is or may become a party. The commission secretary shall review a request for an advisory opinion and may issue a formal or informal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission’s deliberations and actions of the secretary and the office of the secretary upon such requests shall be in meetings not open to the public. A member of the commission may, by written request, require the commission to review an advisory opinion.
AB899,,1001002. To have legal force and effect, each formal and informal advisory opinion issued by the commission secretary of state must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each formal and informal advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the commission’s conclusion of the secretary and why they are relevant.
AB899,,1011013. No person acting in good faith upon a formal or informal advisory opinion issued by the commission secretary of state under this subsection is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request.
AB899,,1021024. At each regular meeting of the commission, the administrator shall review informal advisory opinions requested of and issued by the administrator and that relate to recurring issues or issues of first impression for which no formal advisory opinion has been issued. The commission secretary of state may determine to issue a formal advisory opinion adopting or modifying the informal advisory opinion. If the commission secretary disagrees with a formal or informal advisory opinion that has been issued by or on behalf of the commission secretary, the commission secretary may withdraw the opinion, issue a revised formal or informal advisory opinion, or request an opinion from the attorney general. No person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person’s action is based has been withdrawn or revised in relevant degree.
AB899,,1031035. Except as authorized or required under sub. (5s) (f), no member or employee of the commission office of the secretary of state may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion.
AB899,,104104(b) 1. The commission may authorize the commission administrator or his or her designee to issue an informal written advisory opinion or transmit an informal advisory opinion electronically on behalf of the commission, subject to such limitations as the commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the commission secretary of state, statute or other law, and case law.
AB899,,1051052. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission secretary of state under this paragraph. The commission’s designee secretary shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission secretary to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.
AB899,,1061063. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission secretary of state on the same matter.
AB899,,107107(c) 1. Any individual may request in writing, electronically, or by telephone a formal advisory opinion from the commission secretary of state or the review or modification of a formal advisory opinion issued by the commission secretary under this paragraph. The individual making the request shall include all pertinent facts relevant to the matter, but shall not ask for an opinion based on a purely hypothetical matter. The commission secretary shall review a request for a formal advisory opinion and may issue a formal advisory opinion to the individual making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission’s deliberations and actions of the secretary and the office of the secretary of state upon such requests shall be in meetings not open to the public.
AB899,,1081082. Any person requesting a formal advisory opinion under this paragraph may request a public or private hearing before the commission secretary of state to discuss the opinion. The commission secretary shall grant a request for a public or private hearing under this paragraph.
AB899,,1091093. Promptly upon issuance of each formal advisory opinion, the commission secretary of state shall publish the opinion together with the information specified under sub. (5s) (f) on the commission’s Internet site website of the office of the secretary of state and promulgate a rule to implement the opinion.
AB899,,1101104. If the commission secretary of state declines to issue a formal advisory opinion, it the secretary may refer the matter to the attorney general or to and the standing legislative oversight committees so that the attorney general and the committees may confer on addressing the matter.
AB899,45111Section 45. 5.05 (7) of the statutes is amended to read:
AB899,,1121125.05 (7) Administrative meetings and conferences. The commission office of the secretary of state shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the commission office, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The commission office may conduct conferences relating to election laws, practice, and procedure. The commission office may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the commission office.
AB899,46113Section 46. 5.05 (9) of the statutes is amended to read:
AB899,,1141145.05 (9) Standing. The commission secretary of state has standing to commence or intervene in any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or ensuring their proper administration.
AB899,47115Section 47. 5.05 (10) of the statutes is amended to read:
AB899,,1161165.05 (10) State election administration plan. With the approval of the joint committee on finance as provided in this subsection, the commission secretary of state shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The commission secretary shall adopt the plan and any modifications only after publishing a class 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the commission secretary, the commission secretary shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The commission secretary may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.
AB899,48117Section 48. 5.05 (11) of the statutes is amended to read:
AB899,,1181185.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) 20.575 (2) (t) and (x), the commission secretary of state may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the commission secretary shall enter into an agreement, as prescribed by rule, with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the commission secretary.
AB899,49119Section 49. 5.05 (12) of the statutes is amended to read:
AB899,,1201205.05 (12) Voter education. The commission secretary of state may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The commission secretary shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.
AB899,50121Section 50. 5.05 (13) (a) of the statutes is amended to read: