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:
AB304,1
1Section
1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
2read:
AB304,5,18
15.06
(1) (a) Whenever any
elector of a jurisdiction or district served by an
2election official person authorized under par. (b) to file a complaint believes that a
3decision or action of
the an election official or the failure of the official to act with
4respect to any matter concerning nominations, qualifications of candidates, voting
5qualifications, including residence, ward division and numbering, recall, ballot
6preparation, election administration
or, conduct of elections
, or, subject to par. (b) 2.,
7conduct of a recount, is contrary to law, or the official has abused the discretion vested
8in him or her by law with respect to any such matter, the
elector authorized person 9may file a written sworn complaint with the commission requesting that the official
10be required to conform his or her conduct to the law, be restrained from taking any
11action inconsistent with the law
, or be required to correct any action or decision
12inconsistent with the law or any abuse of the discretion vested in him or her by law.
13The complaint shall set forth such facts as are within the knowledge of the
14complainant to show probable cause to believe that a violation of law or abuse of
15discretion has occurred or will occur. The complaint may be accompanied by relevant
16supporting documents. The commission may conduct a hearing on the matter in the
17manner prescribed for treatment of contested cases under ch. 227 if it believes such
18action to be appropriate.
AB304,2
19Section
2. 5.06 (1) (b) of the statutes is created to read:
AB304,5,2120
5.06
(1) (b) The following persons are authorized to file a complaint under this
21subsection:
AB304,5,2322
1. An elector of a jurisdiction or district served by an election official who is a
23subject of the complaint.
AB304,6,224
2. A candidate voted for at an election who is an aggrieved party, as determined
25under s. 9.01 (1) (a) 5., or an elector who voted upon a referendum question at an
1election, with respect to a recount under s. 9.01, except that a recount determination
2that is ripe for appeal under s. 9.01 (6) is not reviewable under this subsection.
AB304,3
3Section
3. 5.06 (4) of the statutes is amended to read:
AB304,6,94
5.06
(4) The commission may, on its own motion, investigate and determine
5whether any election official, with respect to any matter
concerning nominations,
6qualifications of candidates, voting qualifications, including residence, ward
7division and numbering, recall, ballot preparation, election administration or
8conduct of elections specified in sub. (1), has failed to comply with the law or abused
9the discretion vested in him or her by law or proposes to do so.
AB304,4
10Section
4. 5.06 (7) of the statutes is amended to read:
AB304,6,1411
5.06
(7) The commission may withdraw, modify
, or correct an order issued
12under sub. (6) within a timely period if it finds such action to be appropriate.
The
13commission may issue such other temporary orders of limited effect as it deems
14necessary to carry out its powers and duties under this section.
AB304,5
15Section
5. 5.06 (10) of the statutes is repealed.
AB304,6
16Section
6. 5.15 (4) (a) of the statutes is amended to read:
AB304,7,1117
5.15
(4) (a) Except as provided in par. (c), the division ordinance or resolution
18shall number all wards in the municipality with unique whole numbers in
19consecutive order, beginning with the number one, shall designate the polling place
20for each ward, and shall describe the boundaries of each ward consistent with the
21conventions set forth in s. 4.003.
No ward line may cross the boundary of a
22congressional, assembly, or supervisory district. The ordinance or resolution shall
23be accompanied by a list of the block numbers used by the U.S. bureau of the census
24that are wholly or partly contained within each ward, with any block numbers partly
25contained within a ward identified, and a map of the municipality which illustrates
1the revised ward boundaries. If the legislature, in an act redistricting legislative
2districts under article IV, section 3, of the constitution, or in redistricting
3congressional districts, establishes a district boundary within a municipality that
4does not coincide with the boundary of a ward established under the ordinance or
5resolution of the municipality, the municipal governing body shall, no later than
6April 10 of the 2nd year following the year of the federal decennial census on which
7the act is based, amend the ordinance or resolution to the extent required to effect
8the act. The amended ordinance or resolution shall designate the polling place for
9any ward that is created to effect the legislative act. Nothing in this paragraph shall
10be construed to compel a county or city to alter or redraw supervisory or aldermanic
11districts.
AB304,7
12Section
7. 5.60 (3) (ag) of the statutes is amended to read:
AB304,7,1713
5.60
(3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
14giving the names of all candidates for city offices, printed in the same form as
15prescribed by the commission under s. 7.08 (1) (a).
Sufficient space shall be provided
16on the ballot for write-in candidates. City election ballots may vary in form to
17conform to the law under which an election is held.
AB304,8
18Section
8. 5.62 (1) (a) of the statutes is amended to read:
AB304,8,1019
5.62
(1) (a) At the partisan primary, the following ballot shall be provided for
20the nomination of candidates of recognized political parties for national, state
, and
21county offices
and independent candidates for state office in each ward, in the same
22form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
23s. 5.655. The ballots shall be made up of the several party tickets with each party
24entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
25except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
1The party ballot of the party receiving the most votes for president or governor at the
2last general election shall be on top with the other parties arranged in descending
3order based on their vote for president or governor at the last general election. The
4ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
5under par. (b), in the same order in which the parties filed petitions with the
6commission. Any ballot required under par. (b) 2. shall be placed next in order. At
7polling places where voting machines are used, each party shall be represented in
8one or more separate columns or rows on the ballot. At polling places where an
9electronic voting system is used other than an electronic voting machine, each party
10may be represented in separate columns or rows on the ballot.
AB304,9
11Section
9. 5.94 of the statutes is amended to read:
AB304,8,20
125.94 Sample ballots; publication. When an electronic voting system
13employing a ballot that is distributed to electors is used, the county and municipal
14clerk of the county and municipality in which the polling place designated for use of
15the system is located shall cause to be published, in the type B notices, a
true
16actual-size copy of the ballot containing the names of offices and candidates and
17statements of measures to be voted on, as nearly as possible, in the form in which they
18will appear on the official ballot on election day. The notice may be published as a
19newspaper insert. Municipal clerks may post the notice if the remainder of the type
20B notice is posted.
AB304,10
21Section
10. 6.45 (1) of the statutes is amended to read:
AB304,8,2422
6.45
(1) After the deadline for revision of the registration list, the municipal
23clerk shall make copies of the list for election use.
Paper copies need not be made if
24an electronic registration list is used.
AB304,11
25Section
11. 6.46 (2) of the statutes is amended to read:
AB304,9,9
16.46
(2) Poll lists shall be open to public inspection, except as provided in s.
26.47. The municipal clerk shall furnish upon request to each candidate who has filed
3nomination papers for an office
which that represents at least part of the
4municipality one copy of the current poll list for those areas for which he or she is a
5candidate for a fee not to exceed the cost of reproduction. If
a copying machine is not
6accessible, the clerk
shall must remove the lists from the office for the purposes of
7copying,
and the clerk shall return them immediately thereafter. The clerk shall
8exclude information that is confidential under s. 6.47 (2) from copies of the list, except
9as authorized under s. 6.47 (8).
AB304,12
10Section
12. 6.47 (1) (ag) of the statutes is amended to read:
AB304,9,1411
6.47
(1) (ag) “Domestic abuse victim service provider" means an organization
12that is certified by the department of children and families as eligible to receive
13grants under s. 49.165 (2)
and whose name is included on the list provided by the
14commission under s. 7.08 (10).