Current law requires that spring election ballots for town, village, and school district offices include sufficient space for write-in candidates. The bill requires that spring election ballots for city offices also include sufficient space for write-in candidates.

10. Names of independent candidates for state office listed on the partisan primary ballot.

The bill eliminates the requirement that a partisan primary ballot list the names of independent candidates for state office. Prior to July 1, 2011, listing the names of independent candidates for state office on the partisan primary ballot was necessary for determining eligibility for providing public financing for such candidates. Current law no longer provides public financing for campaigns for state office.

11. Maintaining poll lists after an election.

Under current law, a poll list created for an election must be maintained for 22 months after the election. The bill provides that an original electronic poll list need not be maintained if a true copy is maintained for the 22-month period.

12. Notice of ballot form and contents when an electronic voting system is used for an election.

Under current law, when a municipality uses an electronic voting system for an election, the clerks of the county and municipality where the system is used must provide notice of the ballot form and contents by arranging for the publication of an actual-size copy of the ballot. Current law, however, allows a publisher to reduce the size of the facsimile ballot for publication purposes. The bill eliminates the inconsistency between these two provisions by eliminating the requirement that the clerks arrange for publication of an actual-size copy of the ballot.

13. Paper copies of registration lists used in an election.

The bill specifies that a municipal clerk need not make paper copies of a registration list for use in an election if an electronic registration list is used.

14. References to copying machines.

Under current law, a municipal clerk is required upon request to provide a candidate one copy of the current poll list for those areas for which he or she is a candidate. Current law specifies that if a copying machine is unavailable, the clerk is required to remove the lists from the office to make copies and return the lists immediately thereafter. The bill removes any reference to a copying machine.

15. Counting of write-in votes.

Under current law, one of the circumstances under which all write-in votes must be counted for a particular office in an election occurs if a candidate certified to appear on the ballot dies or withdraws before the election. Under the bill, all write-in votes must be counted under that circumstance only if a candidate certified to appear on the ballot dies before the election.

16. Commission rules relating to forms of election notices.

Under current law, the commission is required to make rules and draft whatever forms it considers necessary to standardize the form of various election notices. The bill eliminates the requirement to make such rules but not the requirement to draft standardized forms.

17. Establishing ward lines.

The bill provides that, for the purpose of creating wards, no ward line may cross the boundary of a congressional, assembly, or supervisory district.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB178,1 Section 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to read:

SB178,5,18 5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an election official person authorized under par. (b) to file a complaint believes that a decision or action of the an election official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or, conduct of elections, or, subject to par. (b) 2., conduct of a recount, is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector authorized person may file a written sworn complaint with the commission requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law, or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The commission may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under ch. 227 if it believes such action to be appropriate.

SB178,2 Section 2. 5.06 (1) (b) of the statutes is created to read:

SB178,5,21 5.06 (1) (b) The following persons are authorized to file a complaint under this subsection:

SB178,5,23 1. An elector of a jurisdiction or district served by an election official who is a subject of the complaint.

SB178,6,2 2. A candidate voted for at an election who is an aggrieved party, as determined under s. 9.01 (1) (a) 5., or an elector who voted upon a referendum question at an election, with respect to a recount under s. 9.01, except that a recount determination that is ripe for appeal under s. 9.01 (6) is not reviewable under this subsection.

SB178,3 Section 3. 5.06 (4) of the statutes is amended to read: