SB11: Bill Text

SB11,8,17 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the ethics and elections accountability and control board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the ethics and elections accountability and control board to reopen and correct the canvass. The ethics and elections accountability and control board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the ethics and elections accountability and control board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the ethics and elections accountability and control board or secretary of the technical college district board.

SB11, s. 14 Section 14. 7.70 (1) of the statutes is amended to read:

SB11,8,21 7.70 (1) Recording and preserving returns. (a) Upon receipt of the certified statements from the county clerks, the elections board shall record the election results by counties and file and carefully preserve the statements.

SB11,9,2 (b) If any county clerk fails or neglects to forward any statements, the elections board may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the elections board may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board may return it to the county clerk for correction.

SB11, s. 15 Section 15. 7.70 (5) (b) of the statutes is amended to read:

SB11,9,10 7.70 (5) (b) For presidential electors, the elections board shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.

SB11, s. 16 Section 16. 8.05 (1) (j) of the statutes is amended to read:

SB11,9,25 8.05 (1) (j) The municipal clerk shall notify in writing each candidate whose name is certified as a nominee under par. (h) of his or her nomination. If a municipal judge is elected under s. 755.01 (4), the county clerk of the county having the largest portion of the population in the jurisdiction served by the judge shall make the notification. Upon receipt of the notice, each candidate shall file a declaration of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the notification no later than 5 p.m. on the 5th day after the notification is mailed or personally delivered to the candidate by the municipal clerk, except as authorized in this paragraph. If an incumbent whose name is certified as a nominee fails to file a declaration of candidacy within the time prescribed by this paragraph, each certified candidate for the office held by the incumbent, other than the incumbent, may file a declaration of candidacy no later than 72 hours after the latest time prescribed in this paragraph. If the candidate has not filed a registration statement under s. 11.05 at the time of the notification, the candidate shall file the statement with the declaration. A candidate for municipal judge shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate, or no later than 4:30 p.m. on the next business day after the last day for filing a declaration of candidacy whenever that candidate is granted an extension of time for filing a declaration of candidacy under this paragraph. Upon receipt of the declaration of candidacy and registration statement of each qualified candidate, and upon filing of a statement of economic interests by each candidate for municipal judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall place the name of the candidate on the ballot. No later than the end of the 3rd day following qualification by all candidates, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the arrangement of candidates' names on the spring election ballot.

SB11, s. 17 Section 17. 8.10 (5) of the statutes is amended to read:

SB11,10,23 8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office or municipal judge shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (2) (a).

SB11, s. 18 Section 18. 8.15 (4) (b) of the statutes is amended to read:

SB11,11,9 8.15 (4) (b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (1).

SB11, s. 19 Section 19. 8.18 (2) of the statutes is amended to read:

SB11,11,14 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the elections board.

SB11, s. 20 Section 20. 8.20 (6) of the statutes is amended to read:

SB11,11,24 8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (8) (a).

SB11, s. 21 Section 21. 8.50 (3) (a) of the statutes is amended to read:

SB11,12,15 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring or September primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

SB11, s. 22 Section 22. 8.50 (3) (e) of the statutes is amended to read:

SB11,12,20 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the ethics and elections accountability and control board no later than 7 days after the special primary and 13 days after the special election.

SB11, s. 23 Section 23. 9.01 (1) (a) of the statutes is amended to read:

SB11,13,25 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the ethics and elections accountability and control board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity, or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.

SB11, s. 24 Section 24. 9.01 (1) (ar) 2. of the statutes is amended to read:

SB11,14,4 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the elections board.

SB11, s. 25 Section 25. 9.01 (10) of the statutes is amended to read:

SB11,14,7 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section.

SB11, s. 26 Section 26. 11.21 (title) of the statutes is amended to read:

SB11,14,9 11.21 (title) Duties of the elections board.

SB11, s. 27 Section 27. 11.21 (7) (intro.) of the statutes is amended to read:

SB11,14,12 11.21 (7) (intro.) Include in its biennial report under s. 5.05 (5) 15.04 (1) (d) compilations of any of the following in its discretion:

SB11, s. 28 Section 28. 13.123 (3) (b) 2. of the statutes is amended to read:

SB11,14,17 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the ethics and elections accountability and control board or the chairperson's designee if such determination has been issued.

SB11, s. 29 Section 29. 13.23 of the statutes is amended to read:

SB11,15,3 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the ethics and elections accountability and control board at least 10 days before the day fixed by law for the meeting of the legislature. The ethics and elections accountability and control board shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

SB11, s. 30 Section 30. 13.62 (4) of the statutes is amended to read:

SB11,15,6 13.62 (4) "Board" means the ethics and elections accountability and control board.

SB11, s. 31 Section 31. 13.685 (title) of the statutes is amended to read:

SB11,15,9 13.685 (title) Duties of the ethics and elections accountability and control board.

SB11, s. 32 Section 32. 13.94 (1) (k) of the statutes is amended to read:

SB11,15,12 13.94 (1) (k) Provide auditing services at the direction of the ethics and elections accountability and control board under s. 5.05 (2).

SB11, s. 33 Section 33. 14.11 (2) (am) of the statutes is created to read:

SB11,15,17 14.11 (2) (am) Upon request of the ethics and elections accountability and control board, the governor shall employ special counsel recommended by the board for the purpose of assisting the board in investigating or prosecuting an alleged violation of subch. III of ch. 13, subch. III of ch. 19, or chs. 5 to 12.

SB11, s. 34 Section 34. 14.58 (20) of the statutes is amended to read:

SB11,15,22 14.58 (20) Election campaign fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the ethics and elections accountability and control board as eligible to receive moneys from the Wisconsin election campaign fund.

SB11, s. 35 Section 35. 15.07 (1) (a) 2. of the statutes is amended to read:

SB11,15,25 15.07 (1) (a) 2. Members of the ethics and elections accountability and control board shall be appointed as provided in s. 15.61.

SB11, s. 36 Section 36. 15.07 (4) of the statutes is amended to read:

SB11,16,6 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the ethics board or the school district boundary appeal board as provided in ss. 19.47 (4) and s. 117.05 (2) (a).

SB11, s. 37 Section 37. 15.07 (5) (k) of the statutes is amended to read:

SB11,16,9 15.07 (5) (k) Members of the ethics and elections accountability and control board, $25 per day.

SB11, s. 38 Section 38. 15.07 (5) (n) of the statutes is repealed.

SB11, s. 39 Section 39. 15.61 (title) of the statutes is amended to read:

SB11,16,13 15.61 (title) Elections Ethics and elections accountability and control board; creation.

SB11, s. 40 Section 40. 15.61 of the statutes is renumbered 15.61 (1) and amended to read:

SB11,16,25 15.61 (1) There is created an ethics and elections accountability and control board consisting of 9 persons who, 8 of whom shall be appointed by the governor for 2-year supreme court and one of whom shall be appointed by the other members. Of the members who are appointed by the supreme court, one shall be a resident of each congressional district in the state. Members shall serve for 4-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader,the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election.

SB11, s. 41 Section 41. 15.613 of the statutes is created to read:

SB11,17,3 15.613 Same; specified divisions. (1) Elections division. There is created in the ethics and elections accountability and control board an elections division.

SB11,17,5 (2) Ethics division. There is created in the ethics and elections accountability and control board an ethics division.

SB11,17,7 (3) Enforcement division. There is created in the ethics and elections accountability and control board an enforcement division.

SB11, s. 42 Section 42. 15.62 (intro.) and (1) of the statutes are repealed.

SB11, s. 43 Section 43. 15.62 (2) of the statutes is renumbered 15.61 (2) and amended to read:

SB11,17,16 15.61 (2) No member, when appointed, for one year immediately prior to the date of appointment or while serving on the board, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization, or a candidate for any partisan elective public office. No member may become a candidate for or hold any such office while serving on the board.

SB11, s. 44 Section 44. 15.62 (3) of the statutes is repealed.

SB11, s. 45 Section 45. 16.79 (2) of the statutes is amended to read:

SB11,18,2 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the ethics and elections accountability and control board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The ethics and elections accountability and control board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

SB11, s. 46 Section 46. 16.96 (3) (b) of the statutes is amended to read:

SB11,18,7 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the ethics and elections accountability and control board.

SB11, s. 47 Section 47. 17.17 (1) of the statutes is amended to read:

SB11,18,12 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the ethics and elections accountability and control board.

SB11, s. 48 Section 48. 17.17 (4) of the statutes is amended to read:

SB11,18,16 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the and ethics elections accountability and control board.

SB11, s. 49 Section 49. 19.42 (3) of the statutes is amended to read:

SB11,18,19 19.42 (3) "Board" means the ethics and elections accountability and control board.

SB11, s. 50 Section 50. 19.42 (10) (a) of the statutes is amended to read:

SB11,18,22 19.42 (10) (a) A member of the ethics and elections accountability and control board.

SB11, s. 51 Section 51. 19.42 (13) (p) of the statutes is created to read:

SB11,18,25 19.42 (13) (p) The members of the ethics and elections accountability and control board.

SB11, s. 52 Section 52. 19.43 (4) of the statutes is amended to read:

SB11,19,20 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the ethics and elections accountability and control board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the ethics and elections accountability and control board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

SB11, s. 53 Section 53. 19.43 (5) of the statutes is amended to read:

SB11,20,7 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics and elections accountability and control board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics and elections accountability and control board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution, or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

SB11, s. 54 Section 54. 19.45 (6) of the statutes is amended to read:

SB11,20,22 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

SB11, s. 55 Section 55. 19.46 (2) of the statutes is amended to read:

SB11,21,15 19.46 (2) Any individual, either personally or on behalf of an organization or governmental body, may request of the board an advisory opinion regarding the propriety of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. The board shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions issued under this subsection and requests therefor shall be in writing. The board's deliberations and actions upon such requests shall be in meetings not open to the public. It is prima facie evidence of intent to comply with this subchapter or subch. III of ch. 13 when a person refers a matter to the board and abides by the board's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion under this subsection or of individuals or organizations mentioned in the opinion.

SB11, s. 56 Section 56. 19.47 (2) of the statutes is repealed.

SB11, s. 57 Section 57. 19.47 (4) of the statutes is repealed.

SB11, s. 58 Section 58. 19.47 (5) of the statutes is amended to read:

SB11,22,5 19.47 (5) No later than September 1 of each year, the board shall submit a report concerning its actions in the preceding fiscal year to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Such The board shall submit a copy of its biennial report under s. 15.04 (1) (d) to the clerk of the supreme court. The board shall include in its biennial report shall contain the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued under s. 19.46 (2). The board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.