5.05(2q) (2q)Supplemental funding for ongoing investigations. The commission may request supplemental funds to be credited to the appropriation account under s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated under sub. (2m). A request under this subsection shall be filed with the secretary of administration and the cochairpersons of the joint committee on finance in writing and shall contain a statement of the action requested, the purposes therefor, the statutory provision authorizing or directing the performance of the action, and information about the nature of the investigation for which the commission seeks supplemental funds, excluding the name of any individual or organization that is the subject of the investigation. If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the commission filed the request, the secretary shall supplement the appropriation under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount not to exceed the amount the commission requested. If, within 14 working days after the commission filed the request, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the commission's request under this subsection, the secretary may supplement the appropriation under s. 20.510 (1) (be) only with the committee's approval. The committee and the secretary shall notify the commission of all their actions taken under this subsection.
Effective date note NOTE: Sub. (2q) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2s) (2s)Ethics and accountability division. The ethics and accountability division has the responsibility for administration of ch. 11, subch. III of ch. 13, and subch. III of ch. 19.
Effective date note NOTE: Sub. (2s) is repealed eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2w) (2w)Elections commission. The elections commission has the responsibility for the administration of chs. 5 to 10 and 12.
Effective date note NOTE: Sub. (2w) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (2w)Elections Division. The elections division has the responsibility for the administration of chs. 5 to 10 and 12.
5.05(3d) (3d)Administrator. The commission shall appoint an administrator in the manner provided under s. 15.61 (1) (b). The administrator shall be outside the classified service. The administrator shall appoint such other personnel as he or she requires to carry out the duties of the commission and may designate a commission employee to serve as the commission's legal counsel. The administrator shall perform such duties as the commission assigns to him or her in the administration of chs. 5 to 10 and 12.
Effective date note NOTE: Sub. (3d) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(3g) (3g)Chief election officer. The commission administrator shall serve as the chief election officer of this state.
Effective date note NOTE: Sub. (3g) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (3g)Chief election officer. The board shall designate an employee of the board to serve as the chief election officer of this state.
5.05(4) (4)Employees. All employees of the commission shall be nonpartisan.
Effective date note NOTE: Sub. (4) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (4)Employees. All employees of the board shall be nonpartisan.
5.05(5e) (5e)Annual report. The commission shall submit an annual report under s. 15.04 (1) (d) and shall include in its annual report the names and duties of all individuals employed by the commission and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f), the commission shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. [11.1304 (14)] The commission shall identify in its report the statutory duties of the commission administrator, together with a description of the manner in which those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also specify in its report the total number of investigations conducted by the commission since the last annual report and a description of the nature of each investigation. The commission shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.
Effective date note NOTE: Sub. (5e) is shown as affected by 2015 Wis. Act 118 eff. 6-30-16 and as affected by 2015 Wis. Acts 117 and 118 as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was inserted by 2015 Wis. Act 117 but rendered without effect by the treatment by 2015 Wis. Act 118. Corrective legislation is pending. Prior to 6-30-16 it reads:
Effective date text (5e)Biennial report. The board shall include in its biennial report under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f) 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. 11.1304 (14). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.
5.05(5f) (5f)Advice to commission. The joint committee on legislative organization shall be advisory to the commission on all matters relating to operation of the commission.
Effective date note NOTE: Sub. (5f) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (5f)Advice to board. The joint committee on legislative organization shall be advisory to the board on all matters relating to operation of the board.
5.05(5s) (5s)Access to records. Records obtained or prepared by the commission in connection with an investigation, including the full text of any complaint received by the commission, are not subject to the right of inspection and copying under s. 19.35 (1), except as follows:
Effective date note NOTE: Sub. (5s) (intro.) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (5s)Access to records. Records obtained or prepared by the board in connection with an investigation, including the full text of any complaint received by the board, are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in pars. (d) and (e) and except that:
5.05(5s)(a) (a) The commission shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the commission in open session.
Effective date note NOTE: Par. (a) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (a) The board shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the board in open session.
5.05(5s)(am) (am) The commission shall provide to the joint committee on finance records obtained or prepared by the commission in connection with an ongoing investigation when required under sub. (2q).
Effective date note NOTE: Par. (am) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(5s)(b) (b) Investigatory records of the commission may be made public in the course of a prosecution initiated under chs. 5 to 10 or 12.
Effective date note NOTE: Par. (b) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (b) Investigatory records of the board may be made public in the course of a prosecution initiated under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.
5.05(5s)(bm) (bm) The commission shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s. 13.94.
Effective date note NOTE: Par. (bm) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (bm) The board shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s. 13.94.
5.05(5s)(c) (c) The commission shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of children and families or by a county child support agency under s. 59.53 (5).
Effective date note NOTE: Par. (c) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (c) The board shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of children and families or by a county child support agency under s. 59.53 (5).
5.05(5s)(d) (d) If the commission commences a civil prosecution of a person for an alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who is the subject of the investigation may authorize the commission to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the commission shall then make those records available.
Effective date note NOTE: Par. (d) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (d) If the board commences a civil prosecution of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an investigation, the person who is the subject of the investigation may authorize the board to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the board shall then make those records available.
5.05(5s)(e) (e) The following records of the commission are open to public inspection and copying under s. 19.35 (1):
Effective date note NOTE: Par. (e) (intro.) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (e) The following records of the board are open to public inspection and copying under s. 19.35 (1):
5.05(5s)(e)1. 1. Any record of the action of the commission authorizing the filing of a civil complaint under sub. (2m) (c) 6.
Effective date note NOTE: Subd. 1. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 1. Any record of the action of the board authorizing the filing of a civil complaint under sub. (2m) (c) 6.
5.05(5s)(e)2. 2. Any record of the action of the commission referring a matter to a district attorney or other prosecutor for investigation or prosecution.
Effective date note NOTE: Subd. 2. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 2. Any record of the action of the board referring a matter to a district attorney or other prosecutor for investigation or prosecution.
5.05(5s)(e)3. 3. Any record containing a finding that a complaint does not raise a reasonable suspicion that a violation of the law has occurred.
5.05(5s)(e)4. 4. Any record containing a finding, following an investigation, that no probable cause exists to believe that a violation of the law has occurred.
5.05(5s)(f) (f) The commission shall make public formal and informal advisory opinions and records obtained in connection with requests for formal or informal advisory opinions relating to matters under the jurisdiction of the commission, including the identity of individuals requesting such opinions or organizations or governmental bodies on whose behalf they are requested.
Effective date note NOTE: Par. (f) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (f) 1. Except as authorized or required under subd. 2., records obtained in connection with a request for an advisory opinion issued under s. 5.05 (6a), other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested, are not subject to the right of inspection and copying under s. 19.35 (1). Except as authorized or required under subd. 2., the board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the opinions.
Effective date text 2. a. The board may make records under subd. 1. public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested.
5.05 Note b. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the board in connection with the request for an advisory opinion.
5.05 Note c. The board shall make public advisory opinions and records obtained in connection with requests for advisory opinions relating to matters under the jurisdiction of the elections division.
5.05(5t) (5t)Guidance following binding court decisions. Within 2 months following the publication of a decision of a state or federal court that is binding on the commission and this state, the commission shall issue updated guidance or formal advisory opinions, commence the rule-making procedure to revise administrative rules promulgated by the commission, or request an opinion from the attorney general on the applicability of the court decision.
Effective date note NOTE: Sub. (5t) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(6a) (6a)Advisory opinions.
5.05(6a)(a)1.1. Any individual, either personally or on behalf of an organization or governmental body, may make a request of the commission in writing, electronically, or by telephone for a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the commission a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the prospective appointee is or may become a party. The commission shall review a request for an advisory opinion and may issue a formal or informal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission's deliberations and actions upon such requests shall be in meetings not open to the public. A member of the commission may, by written request, require the commission to review an advisory opinion.
5.05(6a)(a)2. 2. To have legal force and effect, each formal and informal advisory opinion issued by the commission must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each formal and informal advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the commission's conclusion and why they are relevant.
5.05(6a)(a)3. 3. No person acting in good faith upon a formal or informal advisory opinion issued by the commission under this subsection is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request.
5.05(6a)(a)4. 4. At each regular meeting of the commission, the administrator shall review informal advisory opinions requested of and issued by the administrator and that relate to recurring issues or issues of first impression for which no formal advisory opinion has been issued. The commission may determine to issue a formal advisory opinion adopting or modifying the informal advisory opinion. If the commission disagrees with a formal or informal advisory opinion that has been issued by or on behalf of the commission, the commission may withdraw the opinion, issue a revised formal or informal advisory opinion, or request an opinion from the attorney general. No person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person's action is based has been withdrawn or revised in relevant degree.
5.05(6a)(a)5. 5. Except as authorized or required under sub. (5s) (f), no member or employee of the commission may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion.
5.05(6a)(b)1.1. The commission may authorize the commission administrator or his or her designee to issue an informal written advisory opinion or transmit an informal advisory opinion electronically on behalf of the commission, subject to such limitations as the commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the commission, statute or other law, and case law.
5.05(6a)(b)2. 2. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission under this paragraph. The commission's designee shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.
5.05(6a)(b)3. 3. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission on the same matter.
5.05(6a)(c)1.1. Any individual may request in writing, electronically, or by telephone a formal advisory opinion from the commission or the review or modification of a formal advisory opinion issued by the commission under this paragraph. The individual making the request shall include all pertinent facts relevant to the matter. The commission shall review a request for a formal advisory opinion and may issue a formal advisory opinion to the individual making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission's deliberations and actions upon such requests shall be in meetings not open to the public.
5.05(6a)(c)2. 2. Any person requesting a formal advisory opinion under this paragraph may request a public or private hearing before the commission to discuss the opinion. The commission shall grant a request for a public or private hearing under this paragraph.
5.05(6a)(c)3. 3. Promptly upon issuance of each formal advisory opinion, the commission shall publish the opinion together with the information specified under sub. (5s) (f) on the commission's Internet site.
5.05(6a)(c)4. 4. If the commission declines to issue a formal advisory opinion, it may refer the matter to the attorney general or to the standing legislative oversight committees.
Effective date note NOTE: Sub. (6a) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (6a)Advisory opinions. Any individual, either personally or on behalf of an organization or governmental body, may make a written or electronic request of the board for an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 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 under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 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 issue a formal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f) 2., the board's deliberations and actions upon such requests shall be in meetings not open to the public. No person acting in good faith upon an advisory opinion issued by the board is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request. To have legal force and effect, each advisory opinion issued by the board must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the board's conclusion and why they are relevant. The board may authorize its legal counsel to issue an informal written advisory opinion or to transmit an informal advisory opinion electronically on behalf of the board, subject to such limitations as the board deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the board. If the board disagrees with an informal advisory opinion that has been issued on behalf of the board, the board may withdraw the opinion or issue a revised advisory opinion and no person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person's action is based has been withdrawn or revised in relevant degree. Except as authorized or required under sub. (5s) (f) 2., no member or employee of the board may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion. Any person receiving a formal or informal advisory opinion under this subsection who disagrees with the opinion may request a public or private hearing before the board to discuss the opinion. The board shall grant a request for a public or private hearing under this subsection. After hearing the matter, the board may reconsider its opinion and may issue a revised opinion to the person. Promptly upon issuance of each formal advisory opinion that is not open to public access, the board shall publish a summary of the opinion that is consistent with applicable requirements under sub. (5s) (f).
5.05(7) (7)Administrative meetings and conferences. The commission shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the commission, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The commission may conduct conferences relating to election laws, practice and procedure. The commission may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the commission.
Effective date note NOTE: Sub. (7) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (7)Administrative meetings and conferences. The board shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the board, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The board may conduct conferences relating to election laws, practice and procedure. The board may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the board.
5.05(9) (9)Standing. The commission has standing to commence or intervene in any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or ensuring their proper administration.
Effective date note NOTE: Sub. (9) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (9)Standing. The board has standing to commence or intervene in any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration. If the board delegates authority to its legal counsel under sub. (1) (e) to act in its stead, the legal counsel has standing to commence or intervene in such an action or proceeding.
5.05(10) (10)State election administration plan. With the approval of the joint committee on finance as provided in this subsection, the commission shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The commission shall adopt the plan and any modifications only after publishing a class 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the commission, the commission shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The commission may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.
Effective date note NOTE: Sub. (10) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (10)State election administration plan. With the assistance of the election administration council and approval of the joint committee on finance as provided in this subsection, the board shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board shall adopt the plan and any modifications only after publishing a class 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the board, the board shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.
5.05(11) (11)Aids to counties and municipalities. From the appropriations under s. 20.510 (1) (t) and (x), the commission may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the commission shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the commission.
Effective date note NOTE: Sub. (11) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders entered before June 18, 2016. Published and certified under s. 35.18. Changes effective after June 18, 2016 are designated by NOTES. (Published 6-18-16)