LRBb1673/1
ALL:all:all
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 100
September 4, 1997 - Offered by Representatives Brancel, Foti and Jensen.
AB100-ASA1-AA1,1,104
5.01
(4) (a) If 2 or more candidates for the same office receive the greatest, but
5an equal number of votes, the winner shall be chosen by lot in the presence of the
6board of canvassers charged with the responsibility to determine the election, except
7as provided in s. 8.17 (4) (b)
, or in the case of an election for state or national office
8or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan
9sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the
10presence of the chairperson of the board.
AB100-ASA1-AA1,2,19
16.95 Voting procedure for challenged electors. Whenever the inspectors
2under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
3challenged, they shall give the elector a ballot. Before depositing the ballot, the
4inspectors shall write on the back of the ballot the serial number of the challenged
5person corresponding to the number kept at the election on the registration or poll
6list, or other list maintained under s. 6.79. If voting machines are used in the
7municipality where the person is voting, the person's vote may be received only upon
8an absentee ballot furnished by the municipal clerk which shall have the
9corresponding serial number from the registration or poll list or other list
10maintained under s. 6.79 written on the back of the ballot before the ballot is
11deposited. The inspectors shall indicate on the list the reason for the challenge. The
12challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of
13canvassers may decide any challenge when making its canvass under s. 7.53. If the
14returns are reported under s. 7.60, a challenge may be reviewed by the county board
15of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed
16by the
chairperson of the board
of state canvassers. The decision of
the any board
17of canvassers
or of the chairperson may be appealed under s. 9.01. The standard for
18disqualification specified in s. 6.325 shall be used to determine the validity of
19challenged ballots.
AB100-ASA1-AA1,3,321
7.70
(3) (a) The
chairperson of the board
of state canvassers shall
meet publicly
22canvass the returns and make his or her certifications and determinations at the
23state capitol or at the office of the
elections board on or before the 2nd Tuesday
24following a spring primary, the 15th day of May following a spring election, the 4th
25Tuesday in September following a September primary, the first day of December
1following a general election, the 2nd Thursday following a special primary, or within
218 days after any special election
to canvass the returns and determine the election
3results.
AB100-ASA1-AA1,3,145
7.70
(3) (b) The
chairperson of the board
of state canvassers shall examine the
6certified statements of the county boards of canvassers. If it appears that any
7material mistake has been made in the computation of votes, or any county board of
8canvassers failed to canvass the votes or omitted votes from any ward or election
9district in the county, the
chairperson of the board
of state canvassers may dispatch
10a messenger to the county clerk with written instructions to certify the facts
11concerning the mistake or the reason why the votes were not canvassed. A clerk to
12whom such instructions are delivered shall immediately make a true and full
13answer, sign it, affix the county seal and deliver it to the messenger. The messenger
14shall deliver it with all possible dispatch to the
elections board.
AB100-ASA1-AA1,3,1816
7.70
(3) (c) The
chairperson of the board
of state canvassers may adjourn as
17necessary but not more than shall conclude the state canvass within 10 days
in all 18after its commencement.
AB100-ASA1-AA1,4,620
7.70
(3) (d) When the certified statements and returns are received, the
21chairperson of the board
of state canvassers shall proceed to examine and make a
22statement of the total number of votes cast at any election for the offices involved in
23the election for president and vice president; a statement for each of the offices of
24governor, lieutenant governor, if a primary, and a joint statement for the offices of
25governor and lieutenant governor, if a general election; a statement for each of the
1offices of secretary of state, state treasurer, attorney general, and state
2superintendent; for U.S. senator; representative in congress for each congressional
3district; the state legislature; justice; court of appeals judge; circuit judge; district
4attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan
5sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and
6for any referenda questions submitted by the legislature.
AB100-ASA1-AA1,4,108
7.70
(3) (e) (intro.) The
chairperson of the board
of state canvassers shall make
9a special statement to the
elections board as soon as possible after the canvass
10certifying:
AB100-ASA1-AA1,4,2112
7.70
(3) (g) Following each primary election, the
chairperson of the board
of
13state canvassers shall prepare a statement certifying the results of the primary,
14which shall indicate the names of the persons who have won nomination to any state
15or national office. Following each other election, the
chairperson of the board
of state
16canvassers shall prepare a statement certifying the results of the election and shall
17attach to the statement a certificate of determination which shall indicate the names
18of persons who have been elected to any state or national office. The
chairperson of
19the board
of state canvassers shall likewise prepare a statement and certificate for
20any statewide referendum. The
chairperson of the board
of state canvassers shall
21deliver each statement and determination to the
elections board.
AB100-ASA1-AA1,5,623
7.70
(3) (h) Whenever a referendum question submitted to a vote of the people
24is approved, the
elections board shall record it and the secretary of state shall have
25the record bound in the volume containing the original enrolled laws passed at the
1next succeeding session of the legislature and have the record published with the
2laws thereof. Whenever a constitutional amendment or other statewide validating
3or ratifying referendum question which is approved by the people does not expressly
4state the date of effectiveness, it shall become effective at the time the
chairperson
5of the board
of state canvassers certifies that the amendment or referendum question
6is approved.
AB100-ASA1-AA1,5,178
7.70
(3) (i) The
chairperson of the board
of state canvassers shall canvass only
9regular returns made by the county board of canvassers and shall not count or
10canvass any additional or supplemental returns or statements made by the county
11board or any other board or person. The
chairperson of the board
of state canvassers 12shall not count or canvass any statement or return which has been made by the
13county board of canvassers at any other time than that provided in s. 7.60. This
14provision does not apply to any return made subsequent to a recount under s. 9.01,
15when the return is accepted in lieu of any prior return from the same county for the
16same office; or to a statement given to the
chairperson of the board
of state canvassers 17or a messenger sent by
it the chairperson to obtain a correction.
AB100-ASA1-AA1,6,919
7.70
(5) (a) The
elections board shall record in its office each certified statement
20and determination made by the
chairperson of the board
of state canvassers.
21Immediately after the expiration of the time allowed to file a petition for recount,
it 22the board shall make and transmit to each person declared elected a certificate of
23election under the seal of the
elections board. It shall also prepare similar
24certificates, attested by the executive director of the
elections board, addressed to the
25U.S. house of representatives, stating the names of those persons elected as
1representatives to the congress from this state. In the case of U.S. senators, the
2board shall prepare a certificate of election for the governor's signature, and the
3governor shall sign and affix the great seal of the state and transmit the certificate
4to the president of the U.S. senate. The certificate shall be countersigned by the
5secretary of state. If a person elected was elected to fill a vacancy, the certificate shall
6so state. When a valid petition for recount is filed, the
elections chairperson of the 7board may not certify a nomination, and the governor or
elections board may not
8issue a certificate of election until the recount has been completed and the time
9allowed for filing an appeal has passed, or if appealed until the appeal is decided.
AB100-ASA1-AA1,7,1411
9.01
(1) (a) Any candidate voted for at any election or any elector who voted
12upon any referendum question at any election may request a recount. The petitioner
13shall file a verified petition or petitions accompanied by the fee prescribed in par.
14(ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of
15completion of the canvass and not later than 5 p.m. on the 3rd business day following
16the last meeting day of the municipal or county board of canvassers determining the
17election for that office or on that referendum question or, if more than one board of
18canvassers makes the determination not later than 5 p.m. on the 3rd business day
19following the last meeting day of the last board of canvassers which makes a
20determination. If the
chairperson of the board
of state canvassers makes the
21determination for the office or the referendum question, the petitioner shall file the
22petition not earlier than the last meeting day of the last county board of canvassers
23to make a statement in the election or referendum and not later than 5 p.m. on the
243rd business day following the day on which the elections board receives the last
25statement from a county board of canvassers for the election or referendum. Each
1verified petition shall state that at the election the petitioner was a candidate for the
2office in question or that he or she voted on the referendum question in issue; that
3the petitioner is informed and believes that a mistake or fraud has been committed
4in a specified ward or municipality in the counting and return of the votes cast for
5the office or upon the question; or shall specify any other defect, irregularity or
6illegality in the conduct of the election. The petition shall specify each ward, or each
7municipality where no wards exist, in which a recount is desired. If a recount is
8requested for all wards within a jurisdiction, each ward need not be specified. The
9petition may be amended to include information discovered as a result of the
10investigation of the board of canvassers
or chairperson of the board after the filing
11of the petition, if the petitioner moves to amend the petition as soon as possible after
12the petitioner discovered or reasonably should have discovered the information
13which is the subject of the amendment and the petitioner was unable to include
14information in the original petition.
AB100-ASA1-AA1,8,516
9.01
(1) (ar) 3. Upon receipt of a valid petition, the clerk shall thereupon notify
17the proper board of canvassers. Upon receipt of a valid petition by the
elections 18board, the board shall promptly by certified mail or other expeditious means order
19the proper county boards of canvassers to commence the recount. County boards of
20canvassers shall convene no later than 9 a.m. on the day following receipt of an order
21and may adjourn for not more than one day at a time until the recount is completed
22in the county, except that the
elections board may permit extension of the time for
23adjournment. Returns from a recount ordered by the
elections board shall be
24transmitted to the office of the board as soon as possible, but in no case later than
2513 days from the date of the order of the board directing the recount. The
chairperson
1of the board
of state canvassers may not make a determination in any election if a
2recount is pending before any county board of canvassers in that election. The
3chairperson of the board
of state canvassers need not recount actual ballots, but shall
4verify the returns of the county boards of canvassers in making
its his or her 5determinations.
AB100-ASA1-AA1,8,177
9.01
(5) (a) The board of canvassers
or the chairperson of the board shall keep
8complete minutes of all
its proceedings
before the board of canvassers or chairperson.
9The minutes shall include a record of objections and offers of evidence. If the board
10of canvassers
or chairperson receives exhibits from any party,
it the board of
11canvassers or chairperson shall number and preserve the exhibits. The board of
12canvassers
or chairperson shall make specific findings of fact with respect to any
13irregularity raised in the petition or discovered during the recount. Any member of
14the board of canvassers
or the chairperson may administer oaths, certify official acts
15and issue subpoenas for purposes of this section. Witness fees shall be paid by the
16county. In the case of
proceedings before the
chairperson of the board
of state
17canvassers, witness fees shall be paid by the
elections board.
AB100-ASA1-AA1,9,719
9.01
(5) (c) If the recount is made by a municipal or county board of canvassers
20and the result is required to be reported to a county board of canvassers or to the
21chairperson of the board
of state canvassers, the board of canvassers making the
22initial recount shall immediately certify the results to the county board of canvassers
23or
to the chairperson of the board
of state canvassers. If a county board of canvassers
24receives such results, it shall then convene not later than 9 a.m. on the next business
25day following receipt to examine the returns and determine the results. If the
1chairperson of the board
of state canvassers receives such results,
it the chairperson
2shall
convene publicly examine the returns and determine the results not later than
39 a.m. on the 3rd business day following receipt
to examine the returns and
4determine the results, but if that day is earlier than the latest
meeting day permitted
5for that election under s. 7.70 (3) (a), the
chairperson of the board
of state canvassers
6may convene may examine the returns and determine the results not later than the
7day specified in s. 7.70 (3) (a).
AB100-ASA1-AA1,9,239
9.01
(6) (a) Within 5 business days after completion of the recount
10determination by the board of canvassers in all counties concerned, or within 5
11business days after completion of the recount determination by the
chairperson of
12the board
of state canvassers whenever a determination is made by
that body the
13chairperson, any candidate, or any elector when for a referendum, aggrieved by the
14recount may appeal to circuit court. The appeal shall commence by serving a written
15notice of appeal on the other candidates and persons who filed a written notice of
16appearance before each board of canvassers whose decision is appealed, or in the case
17of a statewide recount, before the
chairperson of the board
of state canvassers. The
18appellant shall also serve notice on the
elections board if the
chairperson of the board
19of state canvassers is responsible for determining the election. The appellant shall
20serve the notice by certified mail or in person. The appellant shall file the notice with
21the clerk of circuit court together with an undertaking and surety in the amount
22approved by the court, conditioned upon the payment of all costs taxed against the
23appellant.
AB100-ASA1-AA1,10,23
19.01
(8) Scope of review. Unless the court finds a ground for setting aside or
2modifying the determination of the board of canvassers
or chairperson of the board,
3it shall affirm the determination. The court shall separately treat disputed issues
4of procedure, interpretations of law and findings of fact. The court may not receive
5evidence not offered to the board of canvassers
or chairperson except for evidence
6that was unavailable to a party exercising due diligence at the time of the recount
7or newly discovered evidence that could not with due diligence have been obtained
8during the recount, and except that the court may receive evidence not offered at an
9earlier time because a party was not represented by counsel in all or part of a recount
10proceeding. A party who fails to object or fails to offer evidence of a defect or
11irregularity during the recount waives the right to object or offer evidence before the
12court except in the case of evidence that was unavailable to a party exercising due
13diligence at the time of the recount or newly discovered evidence that could not with
14due diligence have been obtained during the recount or evidence received by the
15court due to unavailability of counsel during the recount. The court shall set aside
16or modify the determination if it finds that the board of canvassers
or chairperson 17has erroneously interpreted a provision of law and a correct interpretation compels
18a particular action. If the determination depends on any fact found by the board of
19canvassers
or chairperson, the court may not substitute its judgment for that of the
20board of canvassers
or chairperson as to the weight of the evidence on any disputed
21finding of fact. The court shall set aside the determination if it finds that the
22determination depends on any finding of fact that is not supported by substantial
23evidence.".
AB100-ASA1-AA1,11,43
7.08
(3) (a) Be compiled by the board
, with the advice of the elections advisory
4council.".
AB100-ASA1-AA1,11,117
7.03
(1) (bm) Whenever a special election is called by a county or by a school
8district, a technical college district, a sewerage district, a sanitary district or a public
9inland lake protection and rehabilitation district
for a date that is not concurrent
10with an election specified in s. 5.02 (5), (18), (21) or (22), the county or district shall
11pay the compensation of all election officials, as determined under sub. (2).
AB100-ASA1-AA1,11,2213
7.15
(2) (d) Whenever the governing body of any municipality submits any
14question to a vote of the electors or whenever a proper recall petition and certificate
15are filed under s. 9.10, the municipal clerk shall issue a call for the election and
16prepare and distribute ballots as required in the authorization of submission or as
17provided in s. 9.10. The date of the referendum shall be
established in accordance
18with s. 8.065, and shall be fixed by the municipal clerk or board of election
19commissioners unless otherwise provided by law or unless the governing body fixes
20a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already
21an official municipal referendum ballot for the election, the question may appear on
22the same ballot.
AB100-ASA1-AA1,12,6
18.05
(3) (d) The question of adoption of the nonpartisan primary under this
2subsection may be submitted to the electors at any
regular election
authorized under
3s. 8.065 held in the town
or at a special election called for the purpose. When a
4petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the
5town is filed with the town clerk so requesting, the question shall be submitted to a
6vote.
AB100-ASA1-AA1,12,117
(e) Petitions requesting a vote on the question at a regular town election shall
8be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed,
9the clerk shall check its sufficiency.
Whether at a regular or special election, the The 10clerk shall give separate notice by one publication in a newspaper at least 5 days
11before the election.
AB100-ASA1-AA1,12,16
138.06 Special elections may be called. Towns, cities, villages and school
14districts may call special elections for any purpose
whenever such action is 15authorized
or required by law. If an election is called for a special referendum, the
16election shall be
called and noticed
under as provided in s. 8.55.
AB100-ASA1-AA1,12,19
188.065 Scheduling of referenda. (1) In this section, "local governmental
19unit" has the meaning given in s. 16.97 (7).