45 State Fair Park Board
46 Supreme Court
47 Technical College System
48 Tourism
49 Transportation
50 Treasurer
51 University of Wisconsin Hospitals and Clinics Authority
52 University of Wisconsin Hospitals and Clinics Board
53 University of Wisconsin System
54 Veterans Affairs
55 World Dairy Center Authority
56 Other
— — — — — —
— — — — — —
— — — — —
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB100-engrossed,3,82
5.01
(4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, except
5as provided in s. 8.17 (4) (b)
, or in the case of an election for state or national office
6or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan
7sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the
8presence of the chairperson of the board.
AB100-engrossed,4,20
26.95 Voting procedure for challenged electors. Whenever the inspectors
3under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
4challenged, they shall give the elector a ballot. Before depositing the ballot, the
5inspectors shall write on the back of the ballot the serial number of the challenged
6person corresponding to the number kept at the election on the registration or poll
7list, or other list maintained under s. 6.79. If voting machines are used in the
8municipality where the person is voting, the person's vote may be received only upon
9an absentee ballot furnished by the municipal clerk which shall have the
10corresponding serial number from the registration or poll list or other list
11maintained under s. 6.79 written on the back of the ballot before the ballot is
12deposited. The inspectors shall indicate on the list the reason for the challenge. The
13challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of
14canvassers may decide any challenge when making its canvass under s. 7.53. If the
15returns are reported under s. 7.60, a challenge may be reviewed by the county board
16of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed
17by the
chairperson of the board
of state canvassers. The decision of
the any board
18of canvassers
or of the chairperson may be appealed under s. 9.01. The standard for
19disqualification specified in s. 6.325 shall be used to determine the validity of
20challenged ballots.
AB100-engrossed,5,222
7.03
(1) (bm) Whenever a special election is called by a county or by a school
23district, a technical college district, a sewerage district, a sanitary district or a public
24inland lake protection and rehabilitation district
for a date that is not concurrent
1with an election specified in s. 5.02 (5), (18), (21) or (22), the county or district shall
2pay the compensation of all election officials, as determined under sub. (2).
AB100-engrossed,5,54
7.08
(3) (a) Be compiled by the board
, with the advice of the elections advisory
5council.
AB100-engrossed,5,167
7.15
(2) (d) Whenever the governing body of any municipality submits any
8question to a vote of the electors or whenever a proper recall petition and certificate
9are filed under s. 9.10, the municipal clerk shall issue a call for the election and
10prepare and distribute ballots as required in the authorization of submission or as
11provided in s. 9.10. The date of the referendum shall be
established in accordance
12with s. 8.065, and shall be fixed by the municipal clerk or board of election
13commissioners unless otherwise provided by law or unless the governing body fixes
14a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already
15an official municipal referendum ballot for the election, the question may appear on
16the same ballot.
AB100-engrossed,5,2518
7.70
(3) (a) The
chairperson of the board
of state canvassers shall
meet publicly
19canvass the returns and make his or her certifications and determinations at the
20state capitol or at the office of the
elections board on or before the 2nd Tuesday
21following a spring primary, the 15th day of May following a spring election, the 4th
22Tuesday in September following a September primary, the first day of December
23following a general election, the 2nd Thursday following a special primary, or within
2418 days after any special election
to canvass the returns and determine the election
25results.
AB100-engrossed,6,112
7.70
(3) (b) The
chairperson of the board
of state canvassers shall examine the
3certified statements of the county boards of canvassers. If it appears that any
4material mistake has been made in the computation of votes, or any county board of
5canvassers failed to canvass the votes or omitted votes from any ward or election
6district in the county, the
chairperson of the board
of state canvassers may dispatch
7a messenger to the county clerk with written instructions to certify the facts
8concerning the mistake or the reason why the votes were not canvassed. A clerk to
9whom such instructions are delivered shall immediately make a true and full
10answer, sign it, affix the county seal and deliver it to the messenger. The messenger
11shall deliver it with all possible dispatch to the
elections board.
AB100-engrossed,6,1513
7.70
(3) (c) The
chairperson of the board
of state canvassers may adjourn as
14necessary but not more than shall conclude the state canvass within 10 days
in all 15after its commencement.
AB100-engrossed,7,317
7.70
(3) (d) When the certified statements and returns are received, the
18chairperson of the board
of state canvassers shall proceed to examine and make a
19statement of the total number of votes cast at any election for the offices involved in
20the election for president and vice president; a statement for each of the offices of
21governor, lieutenant governor, if a primary, and a joint statement for the offices of
22governor and lieutenant governor, if a general election; a statement for each of the
23offices of secretary of state, state treasurer, attorney general, and state
24superintendent; for U.S. senator; representative in congress for each congressional
25district; the state legislature; justice; court of appeals judge; circuit judge; district
1attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan
2sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and
3for any referenda questions submitted by the legislature.
AB100-engrossed,7,75
7.70
(3) (e) (intro.) The
chairperson of the board
of state canvassers shall make
6a special statement to the
elections board as soon as possible after the canvass
7certifying:
AB100-engrossed,7,189
7.70
(3) (g) Following each primary election, the
chairperson of the board
of
10state canvassers shall prepare a statement certifying the results of the primary,
11which shall indicate the names of the persons who have won nomination to any state
12or national office. Following each other election, the
chairperson of the board
of state
13canvassers shall prepare a statement certifying the results of the election and shall
14attach to the statement a certificate of determination which shall indicate the names
15of persons who have been elected to any state or national office. The
chairperson of
16the board
of state canvassers shall likewise prepare a statement and certificate for
17any statewide referendum. The
chairperson of the board
of state canvassers shall
18deliver each statement and determination to the
elections board.
AB100-engrossed,8,320
7.70
(3) (h) Whenever a referendum question submitted to a vote of the people
21is approved, the
elections board shall record it and the secretary of state shall have
22the record bound in the volume containing the original enrolled laws passed at the
23next succeeding session of the legislature and have the record published with the
24laws thereof. Whenever a constitutional amendment or other statewide validating
25or ratifying referendum question which is approved by the people does not expressly
1state the date of effectiveness, it shall become effective at the time the
chairperson
2of the board
of state canvassers certifies that the amendment or referendum question
3is approved.
AB100-engrossed,8,145
7.70
(3) (i) The
chairperson of the board
of state canvassers shall canvass only
6regular returns made by the county board of canvassers and shall not count or
7canvass any additional or supplemental returns or statements made by the county
8board or any other board or person. The
chairperson of the board
of state canvassers 9shall not count or canvass any statement or return which has been made by the
10county board of canvassers at any other time than that provided in s. 7.60. This
11provision does not apply to any return made subsequent to a recount under s. 9.01,
12when the return is accepted in lieu of any prior return from the same county for the
13same office; or to a statement given to the
chairperson of the board
of state canvassers 14or a messenger sent by
it the chairperson to obtain a correction.
AB100-engrossed,9,616
7.70
(5) (a) The
elections board shall record in its office each certified statement
17and determination made by the
chairperson of the board
of state canvassers.
18Immediately after the expiration of the time allowed to file a petition for recount,
it 19the board shall make and transmit to each person declared elected a certificate of
20election under the seal of the
elections board. It shall also prepare similar
21certificates, attested by the executive director of the
elections board, addressed to the
22U.S. house of representatives, stating the names of those persons elected as
23representatives to the congress from this state. In the case of U.S. senators, the
24board shall prepare a certificate of election for the governor's signature, and the
25governor shall sign and affix the great seal of the state and transmit the certificate
1to the president of the U.S. senate. The certificate shall be countersigned by the
2secretary of state. If a person elected was elected to fill a vacancy, the certificate shall
3so state. When a valid petition for recount is filed, the
elections chairperson of the 4board may not certify a nomination, and the governor or
elections board may not
5issue a certificate of election until the recount has been completed and the time
6allowed for filing an appeal has passed, or if appealed until the appeal is decided.
AB100-engrossed,9,138
8.05
(3) (d) The question of adoption of the nonpartisan primary under this
9subsection may be submitted to the electors at any
regular election
authorized under
10s. 8.065 held in the town
or at a special election called for the purpose. When a
11petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the
12town is filed with the town clerk so requesting, the question shall be submitted to a
13vote.
AB100-engrossed,9,1814
(e) Petitions requesting a vote on the question at a regular town election shall
15be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed,
16the clerk shall check its sufficiency.
Whether at a regular or special election, the The 17clerk shall give separate notice by one publication in a newspaper at least 5 days
18before the election.
AB100-engrossed,9,23
208.06 Special elections may be called. Towns, cities, villages and school
21districts may call special elections for any purpose
whenever such action is 22authorized
or required by law. If an election is called for a special referendum, the
23election shall be
called and noticed
under as provided in s. 8.55.
AB100-engrossed,10,2
18.065 Scheduling of referenda. (1) In this section, "local governmental
2unit" has the meaning given in s. 16.97 (7).
AB100-engrossed,10,11
3(2) Unless otherwise required by law or unless authorized under sub. (3), a
4referendum held by any local governmental unit that is authorized or required by
5law to hold a referendum may only be held concurrently with the spring primary,
6spring election, September primary or general election or on the Tuesday after the
7first Monday in November of any odd-numbered year. Unless otherwise required by
8law or unless authorized under sub. (3), no referendum submitted by the same local
9governmental unit relating to substantially similar subject matter or relating to
10authorization for the borrowing of money may be held more than once in any
1112-month period.
AB100-engrossed,10,24
12(3) If a local governmental unit wishes to hold a special referendum on a date
13other than the Tuesday after the first Monday in November of an odd-numbered year
14that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the
15local governmental unit may petition the referendum appeal board for a
16determination that an emergency exists with respect to a particular question. The
17referendum appeal board shall make a determination within 10 days after receipt
18of a petition under this subsection. If the referendum appeal board finds, with the
19concurrence of at least 4 members, that an emergency exists which requires a special
20referendum to be held by a local governmental unit on a date other than the Tuesday
21after the first Monday in November of an odd-numbered year that is not concurrent
22with an election specified in s. 5.02 (5), (18), (21) or (22), the board may permit a
23referendum relating to the question specified in the petition to be held on a date
24determined by the local governmental unit.
AB100-engrossed,12,4
19.01
(1) (a) Any candidate voted for at any election or any elector who voted
2upon any referendum question at any election may request a recount. The petitioner
3shall file a verified petition or petitions accompanied by the fee prescribed in par.
4(ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of
5completion of the canvass and not later than 5 p.m. on the 3rd business day following
6the last meeting day of the municipal or county board of canvassers determining the
7election for that office or on that referendum question or, if more than one board of
8canvassers makes the determination not later than 5 p.m. on the 3rd business day
9following the last meeting day of the last board of canvassers which makes a
10determination. If the
chairperson of the board
of state canvassers makes the
11determination for the office or the referendum question, the petitioner shall file the
12petition not earlier than the last meeting day of the last county board of canvassers
13to make a statement in the election or referendum and not later than 5 p.m. on the
143rd business day following the day on which the elections board receives the last
15statement from a county board of canvassers for the election or referendum. Each
16verified petition shall state that at the election the petitioner was a candidate for the
17office in question or that he or she voted on the referendum question in issue; that
18the petitioner is informed and believes that a mistake or fraud has been committed
19in a specified ward or municipality in the counting and return of the votes cast for
20the office or upon the question; or shall specify any other defect, irregularity or
21illegality in the conduct of the election. The petition shall specify each ward, or each
22municipality where no wards exist, in which a recount is desired. If a recount is
23requested for all wards within a jurisdiction, each ward need not be specified. The
24petition may be amended to include information discovered as a result of the
25investigation of the board of canvassers
or chairperson of the board after the filing
1of the petition, if the petitioner moves to amend the petition as soon as possible after
2the petitioner discovered or reasonably should have discovered the information
3which is the subject of the amendment and the petitioner was unable to include
4information in the original petition.
AB100-engrossed,12,206
9.01
(1) (ar) 3. Upon receipt of a valid petition, the clerk shall thereupon notify
7the proper board of canvassers. Upon receipt of a valid petition by the
elections 8board, the board shall promptly by certified mail or other expeditious means order
9the proper county boards of canvassers to commence the recount. County boards of
10canvassers shall convene no later than 9 a.m. on the day following receipt of an order
11and may adjourn for not more than one day at a time until the recount is completed
12in the county, except that the
elections board may permit extension of the time for
13adjournment. Returns from a recount ordered by the
elections board shall be
14transmitted to the office of the board as soon as possible, but in no case later than
1513 days from the date of the order of the board directing the recount. The
chairperson
16of the board
of state canvassers may not make a determination in any election if a
17recount is pending before any county board of canvassers in that election. The
18chairperson of the board
of state canvassers need not recount actual ballots, but shall
19verify the returns of the county boards of canvassers in making
its his or her 20determinations.
AB100-engrossed,13,722
9.01
(5) (a) The board of canvassers
or the chairperson of the board shall keep
23complete minutes of all
its proceedings
before the board of canvassers or chairperson.
24The minutes shall include a record of objections and offers of evidence. If the board
25of canvassers
or chairperson receives exhibits from any party,
it the board of
1canvassers or chairperson shall number and preserve the exhibits. The board of
2canvassers
or chairperson shall make specific findings of fact with respect to any
3irregularity raised in the petition or discovered during the recount. Any member of
4the board of canvassers
or the chairperson may administer oaths, certify official acts
5and issue subpoenas for purposes of this section. Witness fees shall be paid by the
6county. In the case of
proceedings before the
chairperson of the board
of state
7canvassers, witness fees shall be paid by the
elections board.
AB100-engrossed,13,229
9.01
(5) (c) If the recount is made by a municipal or county board of canvassers
10and the result is required to be reported to a county board of canvassers or to the
11chairperson of the board
of state canvassers, the board of canvassers making the
12initial recount shall immediately certify the results to the county board of canvassers
13or
to the chairperson of the board
of state canvassers. If a county board of canvassers
14receives such results, it shall then convene not later than 9 a.m. on the next business
15day following receipt to examine the returns and determine the results. If the
16chairperson of the board
of state canvassers receives such results,
it the chairperson
17shall
convene publicly examine the returns and determine the results not later than
189 a.m. on the 3rd business day following receipt
to examine the returns and
19determine the results, but if that day is earlier than the latest
meeting day permitted
20for that election under s. 7.70 (3) (a), the
chairperson of the board
of state canvassers
21may convene may examine the returns and determine the results not later than the
22day specified in s. 7.70 (3) (a).
AB100-engrossed,14,1324
9.01
(6) (a) Within 5 business days after completion of the recount
25determination by the board of canvassers in all counties concerned, or within 5
1business days after completion of the recount determination by the
chairperson of
2the board
of state canvassers whenever a determination is made by
that body the
3chairperson, any candidate, or any elector when for a referendum, aggrieved by the
4recount may appeal to circuit court. The appeal shall commence by serving a written
5notice of appeal on the other candidates and persons who filed a written notice of
6appearance before each board of canvassers whose decision is appealed, or in the case
7of a statewide recount, before the
chairperson of the board
of state canvassers. The
8appellant shall also serve notice on the
elections board if the
chairperson of the board
9of state canvassers is responsible for determining the election. The appellant shall
10serve the notice by certified mail or in person. The appellant shall file the notice with
11the clerk of circuit court together with an undertaking and surety in the amount
12approved by the court, conditioned upon the payment of all costs taxed against the
13appellant.
AB100-engrossed,15,1215
9.01
(8) Scope of review. Unless the court finds a ground for setting aside or
16modifying the determination of the board of canvassers
or chairperson of the board,
17it shall affirm the determination. The court shall separately treat disputed issues
18of procedure, interpretations of law and findings of fact. The court may not receive
19evidence not offered to the board of canvassers
or chairperson except for evidence
20that was unavailable to a party exercising due diligence at the time of the recount
21or newly discovered evidence that could not with due diligence have been obtained
22during the recount, and except that the court may receive evidence not offered at an
23earlier time because a party was not represented by counsel in all or part of a recount
24proceeding. A party who fails to object or fails to offer evidence of a defect or
25irregularity during the recount waives the right to object or offer evidence before the
1court except in the case of evidence that was unavailable to a party exercising due
2diligence at the time of the recount or newly discovered evidence that could not with
3due diligence have been obtained during the recount or evidence received by the
4court due to unavailability of counsel during the recount. The court shall set aside
5or modify the determination if it finds that the board of canvassers
or chairperson 6has erroneously interpreted a provision of law and a correct interpretation compels
7a particular action. If the determination depends on any fact found by the board of
8canvassers
or chairperson, the court may not substitute its judgment for that of the
9board of canvassers
or chairperson as to the weight of the evidence on any disputed
10finding of fact. The court shall set aside the determination if it finds that the
11determination depends on any finding of fact that is not supported by substantial
12evidence.
AB100-engrossed,15,2514
9.20
(4) The common council or village board shall, without alteration, either
15pass the ordinance or resolution within 30 days following the date of the clerk's final
16certificate, or submit it to the electors at the next
spring or general election
17authorized under s. 8.065, if the election is more than 6 weeks after the date of the
18council's or board's action on the petition or the expiration of the 30-day period,
19whichever first occurs. If there are 6 weeks or less before the election, the ordinance
20or resolution shall be voted on at the next election
authorized under s. 8.065 (2) or
21an election authorized under s. 8.065 (3) thereafter.
The council or board by a
22three-fourths vote of the members-elect may order a special election for the purpose
23of voting on the ordinance or resolution at any time prior to the next election, but not
24more than one special election for direct legislation may be ordered in any 6-month
25period.
AB100-engrossed,16,4
211.055 Filing fees. (1) Except as provided in sub. (3), each individual who,
3or committee, group or corporation that, is required to register with the board under
4s. 11.05 or 11.38 (1) shall annually pay a filing fee of $100 to the board.
AB100-engrossed,16,13
5(2) Except as provided in s. 11.19 (1), an individual who, or committee, group
6or corporation that, is subject to sub. (1) shall pay the fee specified in sub. (1) together
7with the continuing report filed under s. 11.20 (4) in January of each year. If an
8individual, committee, group or corporation registers under s. 11.05 or changes
9status so that sub. (1) becomes applicable to the individual, committee, group or
10corporation during a calendar year, the individual, committee, group or corporation
11shall pay the fee for that year with the filing of the individual's, committee's, group's
12or corporation's registration statement under s. 11.05 or at any time before the
13change in status becomes effective.
AB100-engrossed,16,17
14(3) Subsection (1) does not apply to a candidate or personal campaign
15committee. Subsection (1) does not apply to any registrant under s. 11.05 for any year
16during which the registrant does not make disbursements exceeding a total of
17$2,500.
AB100-engrossed,17,919
11.19
(1) Whenever any registrant disbands or determines that obligations will
20no longer be incurred, and contributions will no longer be received nor disbursements
21made during a calendar year, and the registrant has no outstanding incurred
22obligations, the registrant shall file a termination report with the appropriate filing
23officer. Such report shall indicate a cash balance on hand of zero at the end of the
24reporting period and shall indicate the disposition of residual funds. Residual funds
25may be used for any political purpose not prohibited by law, returned to the donors
1in an amount not exceeding the original contribution, or donated to a charitable
2organization or the common school fund. The report shall be filed and certified as
3were previous reports, and shall contain the information required by s. 11.06 (1).
A
4registrant to which s. 11.055 (1) applies shall pay the fee imposed under that
5subsection with a termination report filed under this subsection. If a termination
6report or suspension report under sub. (2) is not filed, the registrant shall continue
7to file periodic reports with the appropriate filing officer, no later than the dates
8specified in s. 11.20. This subsection does not apply to any registrant making an
9indication under s. 11.05 (2r).
AB100-engrossed,17,1811
11.20
(4) Continuing reports under s. 11.06 (1) by committees or individuals
12supporting or opposing candidates for office, including committees of a political
13party, and by individuals
or, groups
or corporations supporting or opposing a
14referendum shall be received by the appropriate filing officer no earlier than January
151 and no later than January 31; and no earlier than July 1 and no later than July 20.
16Individuals, committees, groups and corporations to which s. 11.055 (1) applies shall
17pay the fee imposed under that subsection with their continuing reports filed in
18January of each year.
AB100-engrossed,17,2320
11.60
(3m) Notwithstanding sub. (1), any person, including any committee,
21group or corporation, who is subject to a requirement to pay a filing fee under s.
2211.055 and who fails to pay that fee within the time prescribed in that section shall
23forfeit $500 plus treble the amount of the fee payable by that person.
AB100-engrossed, s. 3i
1Section 3i. 13.04 (1) (e) of the statutes is renumbered 13.04 (5) and amended
2to read:
AB100-engrossed,18,93
13.04
(5) Nothing in this
subsection
section shall prevent the concurrent
4appointment of an incumbent legislator to an unsalaried part-time state position
5created during the legislator's current legislative term when the emoluments for
6such position are limited to reimbursement for actual and necessary expenses
7incurred in the performance of the duties of the position and when the duties of such
8position are not incompatible with the legislator's duties as a member of the
9legislature.
AB100-engrossed,18,13
1213.0975 Prison impact assessments. (1) In this section, "prison" means a
13state prison described under s. 302.01.
AB100-engrossed,18,20
14(2) The director of state courts shall prepare a prison impact assessment for
15any bill or, if requested, for any bill draft that creates a felony or modifies the period
16of imprisonment for a felony. Except as otherwise provided by the joint rules of the
17legislature, the director shall prepare the assessment within 21 days after the date
18on which the director receives a copy of a bill under sub. (4) or the date on which the
19director receives a request to prepare the assessment from the requester of the bill
20draft, whichever occurs first. The assessment shall contain all of the following:
AB100-engrossed,18,2221
(a) Projections of the impact on statewide probationer, prisoner and parolee
22populations.
AB100-engrossed,18,2523
(b) An estimate of the fiscal impact of population changes under par. (a) on state
24expenditures, including expenditures for the construction and operation of state
25prisons for the current fiscal year and the 5 succeeding fiscal years.
AB100-engrossed,19,3
1(c) An analysis of any significant factor, not covered in complying with pars. (a)
2and (b), affecting the cost of the bill or bill draft and the factor's impact on
3prosecutors, the state public defender and courts.
AB100-engrossed,19,54
(d) A statement of the methodologies and assumptions that the director used
5in preparing the assessment.