AB100: Bill Text Engrossed

In each of the 4 categories, there is a separate Section number for every entity. In that number, the last 2 digits correspond to the entities as shown below. For example, for miscellaneous nonstatutory provisions affecting the historical society, see Section 9124. The entities are listed in alphabetical sequence by key word, but for any entity not yet assigned a 2-digit identification number, see number "56" (other) in each category.

01 Administration

02 Adolescent Pregnancy Prevention and Pregnancy Services Board

03 Aging and Long-Term Care Board

04 Agriculture, Trade and Consumer Protection

05 Arts Board

06 Boundary Area Commission, Minnesota-Wisconsin

07 Building Commission

08 Child Abuse and Neglect Prevention Board

09 Circuit Courts

10 Commerce

11 Corrections

12 Court of Appeals

13 Educational Communications Board

14 Elections Board

15 Employe Trust Funds

16 Employment Relations Commission

17 Employment Relations Department

18 Ethics Board

19 Financial Institutions

20 Gaming Board

21 Governor

22 Health and Educational Facilities Authority

23 Health and Family Services

24 Historical Society

25 Housing and Economic Development Authority

26 Workforce Development

27 Insurance

28 Investment Board

29 Joint Committee on Finance

30 Judicial Commission

31 Justice

32 Legislature

33 Lieutenant Governor

34 Lower Wisconsin State Riverway Board

35 Medical College of Wisconsin

36 Military Affairs

37 Natural Resources

38 Personnel Commission

39 Public Defender Board

40 Public Instruction

41 Public Service Commission

42 Regulation and Licensing

43 Revenue

44 Secretary of State

45 State Fair Park Board

46 Supreme Court

47 Technical College System

48 Tourism

49 Transportation

50 Treasurer

51 University of Wisconsin Hospitals and Clinics Authority

52 University of Wisconsin Hospitals and Clinics Board

53 University of Wisconsin System

54 Veterans Affairs

55 World Dairy Center Authority

56 Other

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

AB100-engrossed, s. 1am Section 1am. 5.01 (4) (a) of the statutes is amended to read:

AB100-engrossed,3,8 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board.

AB100-engrossed, s. 1ami Section 1ami. 5.085 of the statutes is repealed.

AB100-engrossed, s. 1amt Section 1amt. 6.95 of the statutes is amended to read:

AB100-engrossed,4,20 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, they shall give the elector a ballot. Before depositing the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s. 6.79. If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s. 6.79 written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the list the reason for the challenge. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the board of state canvassers. The decision of the any board of canvassers or of the chairperson may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

AB100-engrossed, s. 1an Section 1an. 7.03 (1) (bm) of the statutes is amended to read:

AB100-engrossed,5,2 7.03 (1) (bm) Whenever a special election is called by a county or by a school district, a technical college district, a sewerage district, a sanitary district or a public inland lake protection and rehabilitation district for a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the county or district shall pay the compensation of all election officials, as determined under sub. (2).

AB100-engrossed, s. 1m Section 1m. 7.08 (3) (a) of the statutes is amended to read:

AB100-engrossed,5,5 7.08 (3) (a) Be compiled by the board, with the advice of the elections advisory council.

AB100-engrossed, s. 1mm Section 1mm. 7.15 (2) (d) of the statutes is amended to read:

AB100-engrossed,5,16 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB100-engrossed, s. 1n Section 1n. 7.70 (3) (a) of the statutes is amended to read:

AB100-engrossed,5,25 7.70 (3) (a) The chairperson of the board of state canvassers shall meet publicly canvass the returns and make his or her certifications and determinations at the state capitol or at the office of the elections board on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 4th Tuesday in September following a September primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election to canvass the returns and determine the election results.

AB100-engrossed, s. 1na Section 1na. 7.70 (3) (b) of the statutes is amended to read:

AB100-engrossed,6,11 7.70 (3) (b) The chairperson of the board of state canvassers shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the chairperson of the board of state canvassers may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the elections board.

AB100-engrossed, s. 1p Section 1p. 7.70 (3) (c) of the statutes is amended to read:

AB100-engrossed,6,15 7.70 (3) (c) The chairperson of the board of state canvassers may adjourn as necessary but not more than shall conclude the state canvass within 10 days in all after its commencement.

AB100-engrossed, s. 1q Section 1q. 7.70 (3) (d) of the statutes is amended to read:

AB100-engrossed,7,3 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board of state canvassers shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and for any referenda questions submitted by the legislature.

AB100-engrossed, s. 1r Section 1r. 7.70 (3) (e) (intro.) of the statutes is amended to read:

AB100-engrossed,7,7 7.70 (3) (e) (intro.) The chairperson of the board of state canvassers shall make a special statement to the elections board as soon as possible after the canvass certifying:

AB100-engrossed, s. 1s Section 1s. 7.70 (3) (g) of the statutes is amended to read:

AB100-engrossed,7,18 7.70 (3) (g) Following each primary election, the chairperson of the board of state canvassers shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the board of state canvassers shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the board of state canvassers shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the board of state canvassers shall deliver each statement and determination to the elections board.

AB100-engrossed, s. 1t Section 1t. 7.70 (3) (h) of the statutes is amended to read:

AB100-engrossed,8,3 7.70 (3) (h) Whenever a referendum question submitted to a vote of the people is approved, the elections board shall record it and the secretary of state shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the board of state canvassers certifies that the amendment or referendum question is approved.

AB100-engrossed, s. 1u Section 1u. 7.70 (3) (i) of the statutes is amended to read:

AB100-engrossed,8,14 7.70 (3) (i) The chairperson of the board of state canvassers shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The chairperson of the board of state canvassers shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s. 7.60. This provision does not apply to any return made subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior return from the same county for the same office; or to a statement given to the chairperson of the board of state canvassers or a messenger sent by it the chairperson to obtain a correction.

AB100-engrossed, s. 1v Section 1v. 7.70 (5) (a) of the statutes is amended to read:

AB100-engrossed,9,6 7.70 (5) (a) The elections board shall record in its office each certified statement and determination made by the chairperson of the board of state canvassers. Immediately after the expiration of the time allowed to file a petition for recount, it the board shall make and transmit to each person declared elected a certificate of election under the seal of the elections board. It shall also prepare similar certificates, attested by the executive director of the elections board, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the board shall prepare a certificate of election for the governor's signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so state. When a valid petition for recount is filed, the elections chairperson of the board may not certify a nomination, and the governor or elections board may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.