AB826: Bill Text

AB826, s. 13 Section 13. 7.30 (4) (b) 1. of the statutes is amended to read:

AB826,13,24 7.30 (4) (b) 1. In cities where there is a board of election commissioners, the aldermanic district committeemen or committeewomen under s. 8.17 of each of the 2 dominant recognized political parties shall submit a certified list no later than November 30 of each even-numbered year containing the names of at least as many electors nominees as there are inspectors from that party for each of the voting wards in the aldermanic district. The chairperson may designate any individual whose name is submitted as a first choice nominee. The board of election commissioners shall appoint, no later than December 31 of even-numbered years, at least 5 inspectors for each ward. The board of election commissioners shall appoint all first choice nominees for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other individuals in its discretion. The board of election commissioners may designate such alternates as it deems advisable.

AB826, s. 14 Section 14. 7.30 (6) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB826,14,14 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the inspectors at each polling place municipal clerk shall elect appoint one of their number the inspectors at each polling place to act serve as chief inspector. No person may serve as chief inspector at any election who is not certified by the board under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the inspectors municipal clerk shall elect a new chief appoint another inspector who is certified under s. 7.31 to serve as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector at any polling place, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.

AB826, s. 15 Section 15. 7.33 (2) of the statutes is amended to read:

AB826,14,20 7.33 (2) Service as an election official under this chapter shall be mandatory upon all qualified electors individuals appointed, during the full 2-year term, after which they shall be exempt from further service as an election official, under this chapter, until 3 terms of 2 years each have elapsed. Municipal clerks may grant exemptions from service at any time.

AB826, s. 16 Section 16. 7.41 (4) of the statutes, as affected by 2001 Wisconsin Act 39, is amended to read:

AB826,15,5 7.41 (4) No individual exercising the right under sub. (1) may view the confidential portion of a registration list maintained under s. 6.36 (4) or a poll list maintained under s. 6.79 (6). However, the inspectors shall disclose to such an individual, upon request, the existence of such a list, the number of electors whose names appear on the list, and the number of those electors who have voted at any point in the proceedings. No observer such individual may view the certificate-affidavit form certificate of an absent elector who obtains a confidential listing under s. 6.47 (2).

AB826, s. 17 Section 17. 7.51 (1) of the statutes is amended to read:

AB826,15,19 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at the a central counting location, shall continue without adjournment until the canvass is completed and the return statements are made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

AB826, s. 18 Section 18. 7.60 (2) of the statutes is amended to read:

AB826,16,19 7.60 (2) County board of canvassers. The county clerk and 2 qualified electors of the county appointed by the clerk constitute the county board of canvassers. The members of the board of canvassers shall serve for 2-year terms commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. One member of the board of canvassers shall belong to a political party other than the clerk's. If The county clerk shall designate a deputy clerk who shall perform the clerk's duties as a member of the board of canvassers in the event that the county clerk's office is vacant, if the clerk cannot perform his or her duties, or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk and designated deputy clerk are both unable to perform their duties, the county executive or, if there is no county executive, the chairperson of the county board of supervisors shall designate another qualified elector of the county to perform the clerk's duties. If a member other than the clerk cannot perform his or her duties, the clerk shall appoint another member to serve. No person may serve on the county board of canvassers if the person is a candidate for an office to be canvassed by that board. If lists of candidates for the county board of canvassers are submitted to the county clerk by political party county committees, the lists shall consist of at least 3 names and the clerk shall choose the board members from the lists. Where there is a county board of election commissioners, it shall serve as the board of canvassers. If the county board of election commissioners serves as the board of canvassers, the executive director of the county board of election commissioners shall serve as a member of the board of canvassers to fill a temporary vacancy on that board.

AB826, s. 19 Section 19. 8.15 (4) (a) of the statutes is amended to read:

AB826,17,8 8.15 (4) (a) The certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each nomination paper, stating he or she personally circulated the nomination paper and personally obtained each of the signatures; he or she knows they are electors of the ward, aldermanic district, municipality or county, as the nomination papers require; he or she knows they signed the paper with full knowledge of its content; he or she knows their respective residences given; he or she knows each signer signed on the date stated opposite his or her name; and, that he or she, the circulator, resides within the district which the candidate named therein will represent, if elected; that he or she intends to support the candidate; and that he or she is aware that falsifying the certification is punishable under s. 12.13 (3) (a), Wis. stats. The circulator shall indicate the date that he or she makes the certification next to his or her signature. The certification may be made by the candidate or any qualified elector.

AB826, s. 20 Section 20. 8.15 (9) of the statutes is repealed.

AB826, s. 21 Section 21. 8.20 (10) of the statutes is repealed.

AB826, s. 22 Section 22. 8.21 of the statutes is amended to read:

AB826,18,15 8.21 Declaration of candidacy. Each candidate, except a candidate for presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16 (2) or 8.35 (2) (c). A candidate shall file the declaration with the officer or agency with which nomination papers are filed for the office which the candidate seeks, or if nomination papers are not required, with the clerk or board of election commissioners of the jurisdiction in which the candidate seeks office. The declaration shall be sworn to before any officer authorized to administer oaths. The declaration shall contain the name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office, and shall state that the signer is a candidate for a named office, that he or she meets or will at the time he or she assumes office meet applicable age, citizenship, residency or voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and of this state, and that he or she will otherwise qualify for office if nominated and elected. The declaration shall include the candidate's name in the form in which it will appear on the ballot. Each candidate for state and local office shall include in the declaration a statement that he or she has not been convicted of any infamous crime misdemeanor designated under state or federal law as a violation of the public trust or any felony for which he or she has not been pardoned and a list of all felony convictions for which he or she has not been pardoned. In addition, each candidate for state or local office shall include in the declaration a statement that discloses his or her municipality of residence for voting purposes, and the street and number, if any, on which the candidate resides. The declaration is valid with or without the seal of the officer who administers the oath. A candidate for state or local office shall file an amended declaration under oath with the same officer or agency if any information contained in the declaration changes at any time after the original declaration is filed and before the candidate assumes office or is defeated for election or nomination.

AB826, s. 23 Section 23. 8.40 (2) of the statutes is amended to read:

AB826,19,3 8.40 (2) The certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each separate sheet of each petition specified in sub. (1), stating that he or she personally circulated the petition and personally obtained each of the signatures; that the circulator knows that they are electors of the jurisdiction or district in which the petition is circulated; that the circulator knows that they signed the paper with full knowledge of its content; that the circulator knows their respective residences given; that the circulator knows that each signer signed on the date stated opposite his or her name; that the circulator resides within the jurisdiction or district in which the petition is circulated; and that the circulator is aware that falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature.

AB826, s. 24 Section 24. 9.10 (2) (e) 3. of the statutes is amended to read:

AB826,19,6 9.10 (2) (e) 3. The signature is dated after the date of the notarization certification contained on the petition sheet.

AB826, s. 25 Section 25. 9.10 (2) (em) 4. and 5. of the statutes are repealed.

AB826, s. 26 Section 26. 9.10 (2) (o) of the statutes is repealed.

AB826, s. 27 Section 27. 9.10 (2) (r) 1. to 3. of the statutes are repealed.

AB826, s. 28 Section 28. 9.10 (4) (a) of the statutes is amended to read:

AB826,20,11 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk, school district clerk, or board of election commissioners or school district clerk with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or school district clerk board of election commissioners shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its the office of the clerk or board of election commissioners.

AB826, s. 29 Section 29. 9.10 (4) (d) of the statutes is renumbered 9.10 (4) (d) 1. and amended to read:

AB826,20,20 9.10 (4) (d) 1. The governing body, school board Except as provided in subd. 2., promptly upon filing of a certificate under par. (a), the municipal clerk, school district clerk, or board of election commissioners upon receiving the certificate shall call an a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date of that the certificate. If is filed, except that if Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.

AB826, s. 30 Section 30. 9.10 (4) (d) 2. of the statutes is created to read:

AB826,20,24 9.10 (4) (d) 2. The clerk or board of election commissioners under subd. 1. may not call a recall election for an office to be filled at the spring election later than February 1 in the year of that election.

AB826, s. 31 Section 31. 10.06 (3) (am) of the statutes is amended to read:

AB826,21,8 10.06 (3) (am) As soon as possible following the deadline for filing nomination papers for any municipal election when there is to be an election for a county or state office or a county or statewide referendum, but no later than 2 3 days after such deadline, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office to the county clerk if a primary is required, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB826, s. 32 Section 32. 10.06 (3) (bm) of the statutes is amended to read:

AB826,21,18 10.06 (3) (bm) As soon as possible following the municipal canvass of the primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus when is held, if there is to be an election for a county or state office or a county or statewide referendum, but no later than 2 3 days after such date, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office and municipal referenda appearing on the ballot to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB826, s. 33 Section 33. 11.21 (3) of the statutes is amended to read:

AB826,21,25 11.21 (3) Prepare and publish for the use of persons required to file reports and statements under this chapter a manual setting forth simply and concisely recommended uniform methods of bookkeeping and reporting. The board shall furnish a copy of the manual without charge, upon request, to all persons who are required to file reports or statements with the board, and shall distribute or arrange for the distribution of copies of the manual for use by other filing officers.

AB826, s. 34 Section 34. 11.21 (14) of the statutes is amended to read:

AB826,22,8 11.21 (14) Prepare, publish and periodically revise as necessary a manual simply and concisely describing the filing and registration requirements established in this chapter in detail, as well as other major provisions of this chapter and ch. 12. The board shall furnish a copy of the manual without charge, upon request, to all persons who are required to file reports or statements with the board, and shall distribute or arrange for the distribution of copies of the manual for use by other filing officers.

AB826, s. 35 Section 35. 118.15 (3) (d) of the statutes is created to read:

AB826,22,16 118.15 (3) (d) Any child excused in writing by his or her parent or guardian and by the principal of the school that the pupil attends for the purpose of serving as an election official under s. 7.30 (2) (am). The principal shall allow the pupil to take examinations and complete course work missed during the pupil's absences under this paragraph. The principal shall promptly notify the municipal clerk or the board of election commissioners of the municipality that appointed the pupil as an election official if the pupil ceases to be enrolled in school.

AB826, s. 36 Section 36. 755.01 (4) of the statutes is amended to read:

AB826,23,10 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. The Upon entering into or discontinuing such an agreement, the contracting municipalities shall notify each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e) when the joint court is created. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).

AB826, s. 37 Section 37. Initial applicability.

AB826,23,14 (1) The treatment of section 9.10 (4) (a) and (d) of the statutes first applies with respect to petitions for recall of officers that are offered for filing on the effective date of this subsection.

AB826, s. 38 Section 38. Effective date.

AB826,23,16 (1) This act takes effect on May 31, 2002.

AB826,23,17 (End)