2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representative Albers, cosponsored by Senator
Shibilski, by request of Claims Board. Referred to Joint committee on
1An Act Relating to: expenditure of $50,119 from the general fund in payment
2of a claim against the state made by Milwaukee County.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $50,119 from the general fund in payment of a
claim made by Milwaukee County against the state. Under s. 5.72 (1), 1987 stats.,
county and municipal clerks and boards of election commissioners preparing ballots
were directed to submit copies of the ballots, or proof copies, to the state elections
board for review of possible errors. The board was directed to notify the clerk or board
of election commissioners of any errors that it discovered within seven days after
submittal. At the 1988 general election, the Milwaukee County board of election
commissioners did not submit ballots or proof copies. On October 12, 1988, the state
elections board issued an order finding that the county's ballots for the 1988 general
election did not comply with s. 5.64 (3), 1987 stats., which required a separate
presidential ballot, or with s. 5.64 (1) (a) and (3) (a), 1987 stats., which required
specific voting instructions in plain, legible type, and required ballot titles to appear
in lettering at least three-eighths inch high. The elections board ordered the county
to reprint its ballots for the city of Milwaukee and village of Shorewood. The county
incurred costs of $62,438 and claimed this amount. On February 5, 1990, the claims
board recommended approval of the county's claim in the amount of $50,119,
representing the cost of the ballots that were destroyed as a result of the order of the
elections board (see 1989 Senate Journal, pp. 683-684).
For further information see the state 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:
AB334, s. 1
Claim against the state.
There is directed to be expended from 2
the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts 3
of 1999 and 2001, $50,119 in payment of a claim against the state made by 4
Milwaukee county to compensate the county for the cost of reprinting ballots for the 5
1988 general election that were found by the state elections board to be out of 6
conformity with state law. Acceptance of this payment releases this state and its 7
officers, employees and agents from any further liability with respect to the county's 8
defective ballots for the 1988 general election.