SB11: Bill Text

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.

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.