9.10 (4) (a) Immediately after a petition for the recall of a city, village, town, or school district officer is offered for filing, the municipal clerk, board of election commissioners, or school district clerk shall notify the officer against whom the petition is filed. Within 10 days after a the 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 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, or board of election commissioners shall notify, in writing, the officer against whom the petition is filed. Within 3 days following receipt of the notification, the officer shall inform the municipal clerk, school district clerk, or board of election commissioners, in writing, as to whether the officer contests the petition. If the officer fails to inform the municipal clerk, school district clerk, or board of election commissioners within 3 days following receipt of the notification, or if the officer does not contest the petition, the municipal clerk, school district clerk, or board of election commissioners shall issue a certificate declaring that an election will be held under this section. If the certificate is issued by the municipal clerk, the municipal clerk shall immediately transmit the petition and certificate to the governing body of the municipality. If the certificate is issued by the school district clerk, the school district clerk shall immediately transmit the petition and certificate to the school board. If the officer contests the petition, the municipal clerk, school district clerk, or 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 office circuit court for the county in which the office of the clerk or board of election commissioners is located.
16,94p Section 94p. 9.10 (4) (b) and (c) of the statutes are created to read:
9.10 (4) (b) Within 10 days after receipt of a petition under par. (a), the circuit court shall determine, after hearing, whether the allegations in the petition are true and, if true, whether the allegations constitute cause, as defined in sub. (2) (b), for the recall. The clerk of court shall notify the officer for whom the recall is sought of the hearing date. The officer and the person who offers the petition for filing may appear by counsel and the court may take testimony with respect to the petition. If the circuit court determines that the allegations in the petition are true and constitute cause, as defined in sub. (2) (b), for the recall, the court shall issue a certificate directing that an election be held under this section. If the petition concerns a city, village, or town office, the court shall transmit the petition and certificate to the governing body of the city, village, or town, except that in cities over 500,000 population the court shall transmit the petition and certificate to the board of election commissioners. If the petition concerns a school district office, the court shall transmit the petition and certificate to the school board. Upon receiving a petition and certificate, the governing body, board of election commissioners, or school board shall file the petition and certificate in its office. If the court determines that the allegations in the petition are not true or do not constitute cause, as defined in sub. (2) (b), for the recall, the court may not issue the certificate.
(c) Any party aggrieved by a circuit court determination under par. (b) may appeal to the court of appeals within the time period specified in s. 808.04 (2). An appeal under this paragraph shall be given precedence over other matters not accorded similar precedence by law. The appeal shall stay the holding of a recall primary and election under a certificate issued by the circuit court under par. (b) until the court of appeals determines the validity of the certificate, but other acts required to be undertaken to prepare for the primary and election shall proceed during the pendency of the appeal.
16,94s Section 94s. 9.10 (4) (d) of the statutes is amended to read:
9.10 (4) (d) The governing body, school board or board of election commissioners, upon receiving the a certificate from the circuit court under par. (b) or upon receiving or issuing a certificate under par. (a), shall call an election to be held on the Tuesday of the 6th week commencing after the date of the certificate. If Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.
16,94sm Section 94sm. 10.01 (2) (b) of the statutes is amended to read:
10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.
16,95m Section 95m. 10.06 (3) (e) of the statutes is amended to read:
10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).
16,95ms Section 95ms. 12.13 (1) (f) of the statutes is amended to read:
12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.
16,96m Section 96m. 12.13 (3) (e) and (j) of the statutes are amended to read:
12.13 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.
(j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.
16,96w Section 96w. 13.093 (2) (c) of the statutes is repealed.
16,97m Section 97m. 13.0975 of the statutes is created to read:
13.0975 Prison impact assessments. (1) In this section:
(a) "Bureau" means the legislative fiscal bureau.
(b) "Prison" means a state prison described under s. 302.01.
(2) The bureau shall prepare a prison impact assessment for any bill or, if requested, for any bill draft that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the bureau shall prepare the assessment within 21 days after the date on which the bureau receives a copy of a bill under sub. (4) or the date on which the bureau receives a request to prepare the assessment from the requester of the bill draft, whichever occurs first. The assessment shall contain all of the following:
(a) Projections of the impact on statewide populations of prisoners, probationers, parolees, and persons on extended supervision.
(b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and on an annualized basis.
(c) A statement of the methodologies and assumptions that the bureau used in preparing the assessment.
(3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.
(4) A bill draft that requires an assessment by the bureau under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires an assessment under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau.
(5) No public hearing before a standing committee may be held and no committee vote may be taken regarding any bill or bill draft described in sub. (2) unless the assessment under sub. (2) has been prepared.
(6) The department of corrections shall provide the bureau with information on current and past admissions and on length of time served and any other information needed by the bureau in order to prepare assessments under sub. (2).
(7) The circuit courts and the office of justice assistance in the department of administration shall provide the bureau any information needed by the bureau in order to prepare assessments under sub. (2).