AB959: Bill Text

•Recount Fees

Under current law, each petition for a recount must be accompanied by a fee which is determined by the vote differential between the votes cast for the leading candidate and those for the petitioner or between the affirmative and negative votes cast upon a referendum question. If the vote differential is less than 10 and the total votes cast are 1,000 or less, or less than one-half of 1% of the total votes cast if more than 1,000 votes are cast, the petitioner is not required to pay a fee. If the vote differential is at least 10 out of a total vote of 1,000 or less, or at least one-half of 1% if more than 1,000 votes are cast, the petitioner is required to pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality where no wards exist.

This bill specifies the following recount fees depending on the vote differential between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question:

1. No fee if the vote differential is less than one-half of 1%.

2. Five dollars per ward (or municipality where no wards exist) if the vote differential is at least one-half of 1% but less than 3%.

3. One-half the actual cost of the recount if the vote differential is at least 3% but less than 5%.

4. The actual cost of the recount if the vote differential is 5% or more.

Additionally, the bill requires the elections board to promulgate an administrative rule defining the "actual cost" of conducting a recount.

•Delivery of Recount Documents

Under current law, when a petition for an election recount is filed, the clerk or body with whom the petition is filed must have copies of the petition delivered to the candidates affected by the recount by the sheriff in the manner provided for service of a summons in a civil action.

This bill allows the opportunity for a candidate or an agent designated by the candidate to personally accept a copy of the petition.

•Minutes of Recount Proceedings

Under current law, a board of canvassers must keep complete minutes of all of its recount proceedings. This bill requires a copy of those minutes to be provided to the state elections board.

•Time for a Hearing on Recount Appeals

Under current law, an appeal of a recount determination may be made to the circuit court. When an appeal is filed, the court must set the matter for a hearing. However, the time prescribed by the statutes in which the hearing must be held appears to conflict in 2 different statutory provisions. One provision requires the hearing to be held within 5 days of the date of the order requiring the municipal clerks to transfer relevant election materials to the court and another provision requires the hearing to be held within 15 days of the filing of an answer to the appeal. This bill removes this apparent conflict and requires the court to hold a hearing 15 days after the date that the answer to the appeal is filed.

AB959, s. 1 Section 1. 5.01 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB959,10,9 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board.

AB959, s. 2 Section 2. 5.02 (26) of the statutes is created to read:

AB959,10,13 5.02 (26) "Write-in candidate" means a candidate who seeks or receives votes at an election for an office without qualifying to have his or her name appear on the ballot at that election for the office for which the candidate seeks or receives votes.

AB959, s. 3 Section 3. 5.05 (1) (e) of the statutes is amended to read:

AB959,11,5 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB959, s. 4 Section 4. 5.15 (6) (b) of the statutes is amended to read:

AB959,12,4 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000 , or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

AB959, s. 5 Section 5. 5.25 (1) of the statutes is amended to read:

AB959,12,11 5.25 (1) All elections under chs. 5 to 12 shall be held at the polling places provided in this section. So far as practicable, the The places chosen shall be public buildings, unless the use of a public building for this purpose is impracticable or a nonpublic building better serves the needs of the electorate, as determined by the authority charged with the responsibility for establishing polling places under sub. (2).

AB959, s. 6 Section 6. 5.25 (4) (b) of the statutes is repealed.

AB959, s. 7 Section 7. 5.25 (4) (d) of the statutes is created to read:

AB959,12,18 5.25 (4) (d) No later than June 30, 1999, and every 2 years thereafter, the board shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the board shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

AB959, s. 8 Section 8. 5.35 (6) (a) 4. of the statutes is repealed.

AB959, s. 9 Section 9. 5.37 (3) of the statutes is amended to read:

AB959,12,24 5.37 (3) For presidential electors one device shall be provided to vote for all of one party's electoral candidates at the same time. The device shall be opposite or adjacent to the ballot containing the names of the party's candidates for president and vice president.

AB959, s. 10 Section 10. 5.51 (8) of the statutes is created to read:

AB959,13,2 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the board under s. 7.08 (1) (a).

AB959, s. 11 Section 11. 5.55 (intro.) of the statutes is renumbered 5.55 and amended to read:

AB959,13,16 5.55 Ballot identification. On every ballot, except a ballot label or voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot. When a ballot card is employed with an electronic voting system, the date of the election may be printed or stamped on the back of the ballot card in such a manner that the card is not reusable, at the option of the county clerk. Each ballot shall be prepared in substantially the following form:

AB959, s. 12 Section 12. 5.55 (form) of the statutes is repealed.

AB959, s. 13 Section 13. 5.58 (1c) of the statutes is amended to read:

AB959,13,24 5.58 (1c) Municipal judge. There shall be a separate ballot for municipal judges if they are elected under s. 755.01 (4). Arrangement of the names on the ballot shall be determined by the board. The ballot shall be entitled "Official Primary Ballot for Municipal Judge" county clerk or the executive director of the county board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

AB959, s. 14 Section 14. 5.58 (1r) of the statutes is amended to read:

AB959,14,8 5.58 (1r) Town sanitary district commission. There shall be a separate ballot for members of the town sanitary district commission if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with one or more towns. Candidates for different seats shall be listed in separate columns or rows if more than one seat is contested in any election. Arrangement of the names on the ballot shall be determined by the town clerk of the town whose board of supervisors directs the election, in the same manner as provided in s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Town Sanitary District Commission".

AB959, s. 15 Section 15. 5.58 (2) (a) of the statutes is renumbered 5.58 (2) and amended to read:

AB959,14,22 5.58 (2) State superintendent of public instruction; judiciary; county executive; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

AB959, s. 16 Section 16. 5.58 (2) (b) of the statutes is repealed.

AB959, s. 17 Section 17. 5.58 (2m) of the statutes is amended to read:

AB959,15,6 5.58 (2m) Metropolitan sewerage commission. There shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 66.23 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be titled "Official Primary Ballot for Metropolitan Sewerage Commission".

AB959, s. 18 Section 18. 5.60 (1) (intro.) of the statutes is amended to read:

AB959,15,16 5.60 (1) State superintendent; judiciary; county executive and county supervisors. (intro.) There shall be one separate ballot for state superintendent, judicial officers, county executive and county supervisor. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement of the names of candidates for county executive and, county supervisor and municipal judge, if the judge is elected under s. 755.01 (4), shall be determined by the county clerk or the executive director of the county board of election commissioners determining ballot arrangement under s. 5.58 (1c), in the manner prescribed in par. (b).

AB959, s. 19 Section 19. 5.60 (1) (b) of the statutes is amended to read:

AB959,16,3 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge, municipal judge elected under s. 755.01 (4) and, if commissioners are elected under s. 66.23 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB959, s. 20 Section 20. 5.60 (8) (a) of the statutes is amended to read:

AB959,16,6 5.60 (8) (a) An official ballot shall be printed and provided for use in each voting district. The form of each ballot shall be substantially as follows:

AB959,16,7 1. Form 1, to be used when there are several candidates:

AB959,16,8 OFFICIAL BALLOT

AB959,16,9 PRESIDENTIAL PREFERENCE VOTE

AB959,16,10 .... Party

AB959,16,11 Mark this ballot in one space only. You have one of 3 choices—you may either:

AB959,16,13 Express your preference for one of the persons whose names are printed on this ballot (in that case, make a cross (8) in the square after that person's name); or

AB959,16,16 Vote for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square following "Uninstructed delegation"); or

AB959,16,19 Write in the name of another person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").

AB959,16,20 OLE CARLSON( )

AB959,16,21 AMOS DUNCAN( )

AB959,16,22 JAMES UNDERWOOD( )

AB959,16,23 Uninstructed delegation( )

AB959,16,24 Write-in candidate

AB959,16,25 2. Form 2, to be used when there is only one candidate:

AB959,17,1 OFFICIAL BALLOT

AB959,17,2 PRESIDENTIAL PREFERENCE VOTE

AB959,17,3 .... Party

AB959,17,4 Mark this ballot in one space only. You have one of 3 choices—you may either:

AB959,17,6 Express your preference for the person whose name is printed on this ballot (in that case, make a cross (8) in the square after that person's name); or

AB959,17,9 Vote for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square marked "Uninstructed delegation" following that person's name); or

AB959,17,12 Write in the name of another person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").

AB959,17,13 JOHN DOE( )

AB959,17,14 Uninstructed delegation( )

AB959,17,15 Write-in candidate

AB959,17,17 3. Form 3, to be used when there are no candidates who have qualified to appear on the ballot:

AB959,17,18 OFFICIAL BALLOT

AB959,17,19 PRESIDENTIAL PREFERENCE VOTE

AB959,17,20 .... Party

AB959,17,23 Mark this ballot in one space only. There are no candidates of the .... party who have qualified to have their names appear on the printed ballot. You have 2 choices—you may either:

AB959,18,3 Express your preference for an uninstructed delegation from Wisconsin to the national convention of the .... party (in that case, make a cross (8) in the square following "Uninstructed delegation"); or

AB959,18,6 Write in the name of a person to become the presidential candidate of the .... party (in that case, write that person's name into the space following "Write-in candidate").

AB959,18,7 Uninstructed delegation( )

AB959,18,8 Write-in candidate

AB959, s. 21 Section 21. 5.62 (1) (a) of the statutes is amended to read:

AB959,19,6 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a). The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e). The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. The ballot listing the independent candidates shall be placed at the bottom. On that ballot, if a place is designated to write in the names of any party candidates under par. (b) 2. or sub. (2) (b), the places shall appear before the names of the independent candidates in the same order in which the ballots of their parties would appear under this paragraph. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB959, s. 22 Section 22. 5.62 (1) (b) of the statutes is renumbered 5.62 (1) (b) 1. and amended to read:

AB959,19,25 5.62 (1) (b) 1. Every Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least one percent 1% of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least one percent 1% of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this paragraph subdivision may be filed no later than 5 p.m. on June 1 in the year of each general election. This paragraph applies to a party only if at least one candidate of the party for a state office qualifies to have his or her name appear on the ballot under the name of the party at the last gubernatorial election.

AB959, s. 23 Section 23. 5.62 (1) (b) 2. of the statutes is created to read: