SB11: Bill Text

LRB-0638/4

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2003 - 2004 LEGISLATURE

2003 Senate BILL 11

January 28, 2003 - Introduced by Senators Ellis, Cowles, Erpenbach, Schultz, A. Lasee and Hansen, cosponsored by Representatives McCormick, Krawczyk, Hahn, Seratti, Underheim, Bies, Staskunas and Van Roy. Referred to Committee on Education, Ethics and Elections.

SB11,2,5 An Act to repeal 5.05 (5), 15.07 (5) (n), 15.62 (intro.) and (1), 15.62 (3), 19.47 (2), 19.47 (4), 20.510 (1) (bm), 20.521 (intro.), 20.521 (1) (title), 20.521 (1) (a), 20.521 (1) (g), 20.521 (1) (i), 20.923 (4) (d) 3. and 230.08 (2) (wm); to renumber and amend 15.61, 15.62 (2) and 20.521 (1) (h); to amend 5.02 (1s), 5.05 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.40 (7), 5.62 (4) (b), 7.08 (title), 7.31 (5), 7.60 (4) (a), 7.60 (5), 7.70 (1), 7.70 (5) (b), 8.05 (1) (j), 8.10 (5), 8.15 (4) (b), 8.18 (2), 8.20 (6), 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a), 9.01 (1) (ar) 2., 9.01 (10), 11.21 (title), 11.21 (7) (intro.), 13.123 (3) (b) 2., 13.23, 13.62 (4), 13.685 (title), 13.94 (1) (k), 14.58 (20), 15.07 (1) (a) 2., 15.07 (4), 15.07 (5) (k), 15.61 (title), 16.79 (2), 16.96 (3) (b), 17.17 (1), 17.17 (4), 19.42 (3), 19.42 (10) (a), 19.43 (4), 19.43 (5), 19.45 (6), 19.46 (2), 19.47 (5), 19.50 (2), 19.54 (2), 19.55 (1), 19.55 (2) (a) to (c), 19.59 (1) (g) 8., 19.85 (1) (h), 20.510 (intro.), 20.510 (1) (a), 20.510 (1) (h), 20.510 (1) (i), 20.923 (4) (d) 4., 22.07 (6), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 71.10 (3) (b), 73.0301 (1) (d) 13., 73.0301 (1) (e), 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1), 198.08 (10), 200.09 (11) (am) 3., 227.03 (6), 227.52 (6), 230.08 (2) (om), 230.08 (4) (a), 234.02 (3m) (c), 560.04 (2m), 778.135 and 778.136; and to create 5.05 (1m), 5.05 (2m), 14.11 (2) (am), 15.613, 19.42 (13) (p) and 230.08 (2) (e) 4c. of the statutes; relating to: creation of an Ethics and Elections Accountability and Control Board and making appropriations.

Analysis by the Legislative Reference Bureau

Currently, the Elections Board consists of nine members. The governor appoints all of the members of the Elections Board, without confirmation by the senate, to serve for two-year terms as follows: one member is selected by the governor and one member each is 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 at the September primary whose candidate for governor at the most recent gubernatorial election received at least 10% of the vote (currently, the Republican, Democratic, and Libertarian parties).

Currently, the Ethics Board consists of six members. Members of the board are nominated by the governor, and with the advice and consent of the senate, appointed to serve for staggered six-year terms. All members must be U.S. citizens and residents of this state, and no member may hold any other office or employment in the government of this state or any political subdivision thereof or in any state department. In addition, no member, for one year immediately prior to the date of appointment, may have been, and no member, 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 office.

This bill abolishes both boards and replaces them with an Ethics and Elections Accountability and Control Board. Under the bill, the board is composed of nine members serving for staggered four-year terms. The bill provides for the Supreme Court to appoint eight of the members, which must include one member residing in each congressional district in this state. These members then appoint the ninth member. Under the bill, none of the appointments is subject to senate confirmation. No member, for one year immediately prior to the date of appointment, may have been, and no member 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 office.

The bill creates three divisions within the Ethics and Elections Accountability Board: an Elections Division, an Ethics Division, and an Enforcement Division.

The Elections Division assumes the administrative responsibilities of the Elections Board, the Ethics Division assumes the administrative responsibilities of the Ethics Board, and the Enforcement Division is empowered to investigate violations and bring civil and criminal actions to enforce the elections, ethics, and lobbying regulation laws. Under current law, the Elections and Ethics boards share civil enforcement authority with district attorneys and in some cases with the attorney general; and the district attorneys, and in some cases the attorney general, exercise criminal enforcement authority.

The bill requires that the Enforcement Division include a full-time special prosecutor who has independent authority to investigate and prosecute violations of the elections, ethics, and lobbying regulation laws the without consent of the Ethics and Elections Accountability and Control Board.

Currently, the Elections and Ethics boards have sum certain appropriations derived from state general purpose revenue. In addition, both boards finance some of their operations with program revenue. This bill provides for the general purpose revenue portion of the budget of the Ethics and Elections Accountability and Control Board to be funded with a sum sufficient appropriation.

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:

SB11, s. 1 Section 1. 5.02 (1s) of the statutes is amended to read:

SB11,3,3 5.02 (1s) "Board" means the ethics and elections accountability and control board.

SB11, s. 2 Section 2. 5.05 (title) of the statutes is amended to read:

SB11,3,6 5.05 (title) Elections board Ethics and elections accountability and control board; powers and duties.

SB11, s. 3 Section 3. 5.05 (1) (intro.) of the statutes is amended to read:

SB11,3,11 5.05 (1) General authority. (intro.) The ethics and elections accountability and control board shall have the responsibility for the administration of chs. 5 to 12 and other laws relating to elections and election campaigns. Pursuant to such responsibility, the board may:

SB11, s. 4 Section 4. 5.05 (1) (b) of the statutes is amended to read:

SB11,4,14 5.05 (1) (b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books, or other records relevant to an investigation. A circuit court may by order permit the inspection, and copying of the accounts and the depositor's and loan records at any financial institution, as defined in s. 705.01 (3), doing business in the state to obtain evidence of any violation of ch. 11 upon showing by the board of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its duties, the board may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court. The board shall delegate to the special prosecutor under sub. (2m) (e) the power to issue subpoenas and to obtain search warrants under this paragraph on behalf of the board. The delegation is supplemental to the board's exercise of direct authority under this paragraph.

SB11, s. 5 Section 5. 5.05 (1m) of the statutes is created to read:

SB11,4,19 5.05 (1m) Appointment of 9th board member. Prior to May 1 in each year in which the term of the member of the board who is appointed by the other board members expires, the board shall appoint a qualified person to serve for the ensuing term of office.

SB11, s. 6 Section 6. 5.05 (2m) of the statutes is created to read:

SB11,4,23 5.05 (2m) Divisions. (a) The elections division shall carry out the board's responsibilities with respect to the administration of chs. 5 to 12 and other laws relating to elections or election campaigns.

SB11,4,25 (b) The ethics division shall carry out the board's responsibilities with respect to administration of subch. III of ch. 13 and subch. III of ch. 19.

SB11,5,6 (c) The enforcement division shall investigate and prosecute alleged violations of laws administered by the board pursuant to all statutes granting or assigning that authority or responsibility to the board. The enforcement division shall prosecute civil and criminal actions brought by the board and shall assist the district attorneys and the attorney general in prosecuting criminal actions referred to them by the board.

SB11,5,10 (d) The administrator of the elections division or the ethics division may refer any matter to the enforcement division for investigation. Any person may file a verified complaint with the enforcement division alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.

SB11,5,16 (e) The board shall employ a full-time special prosecutor within the enforcement division. The prosecutor may, with or without approval of the board, investigate or prosecute any civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, subch. III of ch. 19, or s. 946.12 in the name of the board. The jurisdiction of the special prosecutor is concurrent with the jurisdiction of the board, the district attorneys, and the attorney general to conduct investigations and enforce these laws.

SB11, s. 7 Section 7. 5.05 (5) of the statutes is repealed.

SB11, s. 8 Section 8. 5.40 (7) of the statutes is amended to read:

SB11,5,25 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the executive director of the ethics and elections accountability and control board in writing.

SB11, s. 9 Section 9. 5.62 (4) (b) of the statutes is amended to read:

SB11,6,6 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 500,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the ethics and elections accountability and control board under s. 5.60 (1) (b).

SB11, s. 10 Section 10. 7.08 (title) of the statutes is amended to read:

SB11,6,9 7.08 (title) Elections Ethics and elections accountability and control board.

SB11, s. 11 Section 11. 7.31 (5) of the statutes is amended to read:

SB11,6,15 7.31 (5) The board shall conduct regular training and administer examinations to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to conduct the training and to administer the examinations from the appropriation under s. 20.510 (1) (bm) (a).

SB11, s. 12 Section 12. 7.60 (4) (a) of the statutes is amended to read:

SB11,7,11 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the ethics and elections accountability and control board, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

SB11, s. 13 Section 13. 7.60 (5) of the statutes is amended to read:

SB11,8,5 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or send to the ethics and elections accountability and control board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the ethics and elections accountability and control board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the ethics and elections accountability and control board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

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.