AB434,34,2012
6.86
(3) (a) Any elector who is registered, or otherwise qualified where
13registration is not required, and who
qualifies under ss. 6.20 and 6.85 as an absent
14elector because the elector is hospitalized, may apply for and obtain an official ballot
15by agent. The agent may apply for and obtain a ballot for the hospitalized absent
16elector by presenting a form prescribed by the board and containing the required
17information supplied by the hospitalized elector and signed by that elector and any
18other elector residing in the same municipality as the hospitalized elector,
19corroborating the information contained therein. The corroborating elector shall
20state on the form his or her full name and address.
AB434, s. 61
21Section
61. 6.865 (intro.) and (1) of the statutes are consolidated, renumbered
226.865 and amended to read:
AB434,35,3
236.865 Federal postcard request form. A federal postcard registration and
24absentee ballot request form may be used to apply for an absentee ballot under s. 6.86
25(1) if the form is completed in such manner that the municipal clerk or board of
1election commissioners with whom it is filed is able to determine
all of the following:
2(1) That that the applicant is an elector of this state and of the ward or election
3district where the elector seeks to vote.
AB434, s. 62
4Section
62. 6.865 (2) of the statutes is repealed.
AB434, s. 63
5Section
63. 6.87 (2) of the statutes is amended to read:
AB434,35,96
6.87
(2) The municipal clerk shall place the ballot in an unsealed envelope
7furnished by the clerk. The envelope shall have the name, official title and
8post-office address of the clerk upon its face. The other side of the envelope shall
9have a printed certificate-affidavit in substantially the following form:
AB434,35,1010
[STATE OF ....
AB434,35,1111
County of ....]
AB434,35,1313
[(name of foreign country and city or other jurisdictional unit)]
AB434,36,414
I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis.
15Stats.
, for false statements
, that I am a resident of the [.... ward of the] (town) (village)
16of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the
17county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election
18district) at the election to be held on ....; that I am not voting at any other location
19in this election; that I
cannot am unable or unwilling to appear at the polling place
20in the (ward) (election district) on election day
because I expect to be absent from the
21municipality or because of age, sickness, handicap, physical disability, religious
22reasons, jury duty, service as an election official, or because I have changed my
23residence within the state from one ward or election district to another within 10
24days before the election. I (certify) (swear) that I exhibited the enclosed ballot
25unmarked to the (2 witnesses) (person administering the oath), that I then in (their)
1(his) (her) presence and in the presence of no other person marked the ballot and
2enclosed and sealed the same in this envelope in such a manner that no one but
3myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I
4requested assistance, could know how I voted.
AB434,36,76
The (2 witnesses) (person administering the oath) shall execute either of the
7following as appropriate:
AB434,36,138
We, the undersigned witnesses, subject to the penalties of s. 12.60 (1) (b), Wis.
9Stats., for false statements, certify that the above statements are true and the voting
10procedure was executed as there stated. Neither of us is a candidate for any office
11on the enclosed ballot (except in the case of an incumbent municipal clerk). The
12elector was not solicited or advised by us to vote for or against any candidate or
13measure.
AB434,36,1515
....(Address)
AB434,36,1717
....(Address)
AB434,36,2218
Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby
19certify that I am not a candidate on the ballot upon which the affiant voted (unless
20I am an incumbent municipal clerk), that the voting procedure above was executed
21as therein stated, and that the affiant was not solicited or advised by me to vote for
22or against any candidate or measure.
AB434,36,2424
....(Title)
AB434,36,2525
....(State or nation)
AB434, s. 64
1Section
64. 6.88 (1) of the statutes is amended to read:
AB434,37,82
6.88
(1) When an absentee ballot arrives at the office of the municipal clerk,
3the clerk shall enclose it, unopened, in a carrier envelope which shall be securely
4sealed and endorsed with the name and official title of the clerk
, and the words "This
5envelope contains the ballot of an absent, aged, sick, handicapped or disabled elector
6or the ballot of an election official and must be opened at the polls during polling
7hours on election day". The clerk shall keep the ballot in the clerk's office until
8delivered, as required in sub. (2).
AB434, s. 65
9Section
65. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to
10read:
AB434,37,18
116.92 Inspector making challenge. Each inspector shall challenge for
12cause any person offering to vote whom the inspector knows or suspects is not a
13qualified elector. If a person is challenged as unqualified by an inspector, one of the
14inspectors shall administer the following oath or affirmation to the person: "You do
15solemnly swear (or affirm) that you will fully and truly answer all questions put to
16you regarding your place of residence and qualifications as an elector of this
17election"; and shall then ask
those of the following questions which are appropriate
18as determined by the board, by rule, to test the person's qualifications
:.
AB434, s. 66
19Section
66. 6.92 (1) to (6) of the statutes are repealed.
AB434, s. 67
20Section
67. 6.925 (intro.) of the statutes is renumbered 6.925 and amended
21to read:
AB434,38,8
226.925 Elector making challenge in person. Any elector may challenge for
23cause any person offering to vote whom the elector knows or suspects is not a
24qualified elector. If a person is challenged as unqualified by an elector, one of the
25inspectors may administer the oath or affirmation to the challenged elector under s.
16.92 and ask the challenged elector the questions under that section which are
2appropriate to test the elector's qualifications. In addition, one of the inspectors shall
3administer the following oath or affirmation to the challenging elector: "You do
4solemnly swear (or affirm) that you will fully and truly answer all questions put to
5you regarding the challenged person's place of residence and qualifications as an
6elector of this election"; and shall then ask
those of the following questions which are
7appropriate
as determined by the board, by rule, to test the qualifications of the
8challenged elector
:,
AB434, s. 68
9Section
68. 6.925 (1) to (6) of the statutes are repealed.
AB434, s. 69
10Section
69. 7.08 (5) of the statutes is created to read:
AB434,38,1811
7.08
(5) Notice of write-in candidates. Whenever a write-in candidate files
12a timely declaration of candidacy with the board, the board shall immediately notify
13the county clerk or board of election commissioners of each county where the write-in
14candidate seeks office of the name of the candidate and the office that the candidate
15seeks. This subsection does not apply if the write-in candidate seeks an office for
16which there are no candidates whose names appear on the ballot or if there appears
17on the ballot the name of a deceased candidate for the office that the write-in
18candidate seeks.
AB434, s. 70
19Section
70. 7.10 (5) of the statutes is created to read:
AB434,39,320
7.10
(5) Notice of write-in candidates. Whenever a write-in candidate files
21a timely declaration of candidacy with the county clerk or the clerk receives notice
22from the board under s. 7.08 (5) that a write-in candidate seeks office in the county,
23the clerk shall immediately notify the municipal clerk or board of election
24commissioners of each municipality in the county where the write-in candidate
25seeks office of the name of the candidate and the office that the candidate seeks. This
1subsection does not apply if the write-in candidate seeks an office for which there are
2no candidates whose names appear on the ballot or if there appears on the ballot the
3name of a deceased candidate for the office that the write-in candidate seeks.
AB434, s. 71
4Section
71. 7.10 (6) of the statutes is created to read:
AB434,39,115
7.10
(6) Municipal judge; certified list. If candidates for the office of a
6municipal judge who is elected under s. 755.01 (4) file nomination papers in the office
7of the county clerk and any municipality served by the judge prepares its own ballots
8for voting machines or an electronic voting system, the county clerk shall certify to
9the municipal clerk of that municipality the names of the candidates for judge as soon
10as possible after the last day for filing nomination papers and after certification by
11the county board of canvassers of the results of any primary election.
AB434, s. 72
12Section
72. 7.15 (1) (cs) of the statutes is repealed.
AB434, s. 73
13Section
73. 7.15 (1) (L) of the statutes is created to read:
AB434,39,2314
7.15
(1) (L) Whenever a write-in candidate files a timely declaration of
15candidacy with the municipal clerk or the clerk receives notice from the county clerk
16or board of election commissioners under s. 7.10 (5) or a school district clerk under
17s. 120.06 (8) (dm) that a write-in candidate seeks office in the municipality, notify
18the inspectors at each polling place in the municipality where the write-in candidate
19seeks office of the name of the candidate and the office that the candidate seeks no
20later than 8 p.m. on election day. This paragraph does not apply if the write-in
21candidate seeks an office for which there are no candidates whose names appear on
22the ballot or if there appears on the ballot the name of a deceased candidate for the
23office that the write-in candidate seeks.
AB434, s. 74
24Section
74. 7.21 (2m) of the statutes is created to read:
AB434,39,2525
7.21
(2m) The county board of election commissioners may:
AB434,40,19
1(a) Bring civil actions to require forfeitures under s. 11.60 for any violation of
2ch. 11. Forfeiture actions brought by the county board of election commissioners may
3concern only violations with respect to reports or statements required by law to be
4filed with it. The county board of election commissioners may compromise and settle
5any civil action or potential action brought or authorized to be brought by it under
6ch. 11 which, in the opinion of the county board of election commissioners, constitutes
7a minor violation, a violation caused by excusable neglect, or which for other good
8cause shown, should not in the public interest be prosecuted under such chapter.
9Notwithstanding s. 778.06, an action or proposed action authorized under this
10paragraph may be settled for such sum as may be agreed between the parties. Any
11settlement made by the county board of election commissioners shall be in such
12amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
13may contain a penal component to serve as a deterrent to future violations. In
14settling actions or proposed actions, the county board of election commissioners shall
15treat comparable situations in a comparable manner and shall ensure that any
16settlement bears a reasonable relationship to the severity of the offense or alleged
17offense. Forfeiture actions brought by the county board of election commissioners
18shall be brought in the circuit court for the county served by the board of election
19commissioners.
AB434,41,520
(b) In the discharge of its authority under par. (a) and upon notice to the party
21or parties being investigated, subpoena and bring before it any person in the state
22and require the production of any papers, books or other records relevant to an
23investigation. A circuit court may by order permit the inspection and copying of the
24accounts and the depositor's and loan records at any financial institution, as defined
25in s. 705.01 (3), doing business in the state to obtain evidence of any violation of ch.
111 upon showing by the county board of election commissioners of probable cause to
2believe that there is a violation and that such accounts and records may have a
3substantial relation to the violation. In the discharge of its duties, the county board
4of election commissioners may cause the deposition of witnesses to be taken in the
5manner prescribed for taking depositions in civil actions in circuit court.
AB434,41,86
(c) Delegate to its executive director the authority to issue a subpoena or apply
7for a search warrant under par. (b), subject to such limitations as the county board
8of election commissioners considers appropriate.
AB434, s. 75
9Section
75. 7.30 (2) (a) of the statutes is amended to read:
AB434,42,410
7.30
(2) (a) Only election officials appointed under this section may conduct an
11election. Except as authorized in s. 7.15 (1) (k), each inspector shall be a qualified
12elector in the ward for which the polling place is established. Special registration
13deputies appointed under s. 6.55 (6) and election officials serving more than one ward
14or when necessary to fill a vacancy under par. (b) need not be a resident of that ward,
15but shall be a resident of the municipality. Special registration deputies may be
16appointed to serve more than one polling place. All officials shall be able to read and
17write the English language, be capable, be of good understanding, and may not be
18a candidate
, other than for party committeeman or committeewoman, for any office 19to be voted for at an election at which they serve. In 1st class cities, they may hold
20no public office other than notary public. Except as authorized under sub. (4) (c), all
21inspectors shall be affiliated with one of the 2 recognized political parties which
22received the largest number of votes for president, or governor in nonpresidential
23general election years, in the ward or combination of wards served by the polling
24place at the last election. The party which received the largest number of votes is
25entitled to one more inspector than the party receiving the next largest number of
1votes at each polling place. The same election officials may serve the electors of more
2than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is
3not divided into wards, the ward requirements in this paragraph apply to the
4municipality at large.
AB434, s. 76
5Section
76. 7.51 (2) (e) of the statutes is amended to read:
AB434,43,36
7.51
(2) (e) If, after any ballots have been laid aside, the number of ballots still
7exceeds the total number of electors recorded on the registration or poll list, the
8inspectors shall separate the absentee ballots from the other ballots. If there is an
9excess number of absentee ballots, the inspectors shall place the absentee ballots in
10the ballot box and one of the inspectors shall publicly and without examination draw
11therefrom by chance the number of ballots equal to the excess number of absentee
12ballots. If there is an excess number of other ballots, the inspectors shall place those
13ballots in the ballot box and one of the inspectors shall publicly and without
14examination draw therefrom by chance the number of ballots equal to the excess
15number of those ballots. All ballots so removed may not be counted but shall be
16specially marked as having been removed by the inspectors on original canvass due
17to an excess number of ballots, set aside and preserved. When the number of ballots
18and total shown on the poll or registration list agree, the inspectors shall return all
19ballots to be counted to the ballot box and shall turn the ballot box in such manner
20as to thoroughly mix the ballots. The inspectors shall then open, count and record
21the number of votes.
In recording the votes cast for an office, the inspectors may
22indicate votes cast for a write-in candidate who does not file a timely declaration of
23candidacy for the office for which the candidate receives votes as scattering votes,
24unless there are no candidates whose names appear on the ballot for that office or
25unless there appears on the ballot the name of a deceased candidate for that office.
1When the ballots are counted, the inspectors shall separate them into piles for ballots
2similarly voted. Objections may be made to placement of ballots in the piles at the
3time the separation is made.
AB434, s. 77
4Section
77. 7.51 (2) (g) of the statutes is amended to read:
AB434,43,205
7.51
(2) (g) Immediately after the polls close, where voting machines are used,
6the inspectors shall open the registering or recording compartments or remove the
7record of the votes cast and shall canvass, record, announce and return on the tally
8sheets and certificates furnished.
In recording the votes cast for an office, the
9inspectors may indicate votes cast for a write-in candidate who does not file a timely
10declaration of candidacy for the office for which the candidate receives votes as
11scattering votes, unless there are no candidates whose names appear on the ballot
12for that office or unless there appears on the ballot the name of a deceased candidate. 13In recording the votes registered on any counter which, before the opening of the
14polls, did not register 000, the inspectors shall upon the return sheets subtract the
15number registered before the polls opened from the number registered when the
16polls closed. The difference between the 2 numbers is the correct vote for the
17candidate whose name was represented by the counter, except if the number
18registered on the counter when the polls closed is smaller than the number registered
19thereon when the polls opened, the number 1,000 shall be added to the number
20registered when the polls closed, before the subtraction is made.
AB434, s. 78
21Section
78. 7.51 (4) (a) of the statutes is amended to read:
AB434,44,1422
7.51
(4) (a) The tally sheets shall state the total number of votes cast for each
23office and for each individual receiving votes for that office,
whether or not the
24individual's name appears on the ballot, and shall except a write-in candidate who
25has not filed a timely declaration of candidacy for the office for which the candidate
1receives a vote, unless there are no candidates whose names appear on the ballot for
2that office or unless there appears on the ballot the name of a deceased candidate for
3that office. The tally sheets shall also state the vote for and against each proposition
4voted on. Upon completion of the tally sheets, the inspectors shall immediately
5complete inspectors' statements in duplicate. The inspectors shall state the excess
6by which the number of ballots exceeds the number of electors voting as shown by
7the poll or registration list, if any, and shall state the number of the last elector as
8shown by the registration or poll lists. At least 3 inspectors, including the chief
9inspector and, unless election officials are appointed under s. 7.30 (4) (c) without
10regard to party affiliation, at least one inspector representing each political party,
11shall then certify to the correctness of the statements and tally sheets and sign their
12names. All other election officials assisting with the tally shall also certify to the
13correctness of the tally sheets. When the tally is complete, the inspectors shall
14publicly announce the results from the statements.
AB434, s. 79
15Section
79. 7.53 (1) of the statutes is amended to read:
AB434,45,316
7.53
(1) Municipalities with one polling place. Where the municipality
17constitutes one ward or combines all wards to utilize a single polling place under s.
185.15 (6) (b), the canvass shall be conducted publicly under s. 7.51 and the inspectors
19shall act as the municipal board of canvassers. Upon completion of the canvass and
20ascertainment of the results by the inspectors, the clerk shall publicly read the
21names of the persons voted for and the number of votes for each person for each
22municipal office,
except a write-in candidate who has not filed a timely declaration
23of candidacy for the office for which the candidate receives a vote, unless there are
24no candidates whose names appear on the ballot for that office or unless there
25appears on the ballot the name of a deceased candidate for that office. The clerk shall
1also publicly read the names of the persons declared by the inspectors to have won
2nomination or election to each municipal office and the number of votes cast for and
3against each municipal referendum question.
AB434, s. 80
4Section
80. 7.53 (2) (d) of the statutes is amended to read:
AB434,45,235
7.53
(2) (d) The municipal board of canvassers shall publicly canvass the
6returns of every municipal election. The canvass shall begin within 24 hours after
7the polls close. At the spring election, the board of canvassers shall publicly declare
8the results on or before the 2nd Tuesday in April. The board of canvassers shall
9prepare a statement showing the results of each election for any municipal office and
10each municipal referendum. After each primary for municipal offices, the board of
11canvassers shall prepare a statement certifying the names of those persons who have
12won nomination to office. After each other election for a municipal office and each
13municipal referendum, the board of canvassers shall prepare a determination
14showing the names of the persons who are elected to each municipal office and the
15results of each municipal referendum.
The statement shall include the number of
16votes cast for each person for each municipal office, except a write-in candidate who
17has not filed a timely declaration of candidacy for the office for which the candidate
18receives a vote, unless there are no candidates whose names appear on the ballot for
19that office or unless there appears on the ballot the name of a deceased candidate for
20that office. The statement shall also include the number of votes cast for and against
21each question submitted by the municipality. The board of canvassers shall file each
22statement and determination in the office of the municipal clerk or board of election
23commissioners.
AB434, s. 81
24Section
81. 7.53 (3) (a) of the statutes is amended to read:
AB434,46,25
17.53
(3) (a) In a common, union high or unified school district, the school district
2clerk shall appoint 2 qualified electors of the school district prior to the date of the
3election being canvassed who shall, with the school district clerk, constitute the
4school district board of canvassers. If the school district clerk is a candidate at the
5election being canvassed, the other 2 members of the board of canvassers shall
6designate a 3rd member to serve in lieu of the clerk for that election. The canvass
7shall begin as soon as possible after receipt of the returns, and shall continue,
8without adjournment, until completed. The board of canvassers may return
9defective returns to the municipal board of canvassers in the manner provided in s.
107.60 (3). The board of canvassers shall prepare a written statement showing the
11numbers of votes cast for each person for each office
and
, except a write-in candidate
12who has not filed a timely declaration of candidacy for the office for which the
13candidate receives a vote, unless there are no candidates whose names appear on the
14ballot for that office or unless there appears on the ballot for that office the name of
15a deceased candidate. The statement shall also show the numbers of votes cast for
16and against each question
and. The board of canvassers shall
also prepare a
17determination showing the names of the persons who are elected to the school board
18and the results of any school district referendum. Following each primary election,
19the board of canvassers shall prepare a statement certifying the names of the persons
20who have won nomination to the school board. Each statement and determination
21shall be attested by each of the canvassers. The board of canvassers shall file each
22statement and determination in the school district office. The school district clerk
23shall certify nominations after each primary and issue certificates of election to
24persons who are elected to the school board after each election in the manner
25provided in sub. (4).
AB434, s. 82
1Section
82. 7.60 (2) of the statutes is amended to read:
AB434,47,202
7.60
(2) County board of canvassers. The county clerk and 2 qualified electors
3of the county appointed by the clerk constitute the county board of canvassers. The
4members of the board of canvassers shall serve for 2-year terms commencing on
5January 1 of each odd-numbered year, except that any member who is appointed to
6fill a permanent vacancy shall serve for the unexpired term of the original appointee.
7One member of the board of canvassers shall belong to a political party other than
8the clerk's. If the county clerk's office is vacant,
or if the clerk cannot perform his or
9her duties
or if the clerk is a candidate at an election being canvassed, the county
10clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk
11and designated deputy clerk are both unable to perform their duties, the county
12executive or, if there is no county executive, the chairperson of the county board of
13supervisors shall designate another qualified elector of the county to perform the
14clerk's duties. If a member other than the clerk cannot perform his or her duties, the
15clerk shall appoint another member to serve. No person may serve on the county
16board of canvassers if the person is a candidate for an office to be canvassed by that
17board. If lists of candidates for the county board of canvassers are submitted to the
18county clerk by political party county committees, the lists shall consist of at least
193 names and the clerk shall choose the board members from the lists. Where there
20is a county board of election commissioners, it shall serve as the board of canvassers.
AB434, s. 83
21Section
83. 7.60 (4) (a) of the statutes is amended to read:
AB434,48,2122
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
23showing the numbers of votes cast for the offices of president and vice president; state
24officials; U.S. senators and representatives in congress; state legislators; justice;
25court of appeals judge; circuit judges; district attorneys;
municipal judges, if they are
1elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the
2commissioners are elected under s. 66.23 (11) (am).
If a municipal judge elected
3under s. 755.01 (4) serves a municipality that is located partially within the county
4and candidates for that judgeship file nomination papers in another county, the
5board of canvassers shall prepare a duplicate statement showing the numbers of
6votes cast for that judgeship in that county for transmittal to the other county. For
7partisan candidates, the statements shall include the political party or principle
8designation, if any, next to the name of each candidate. The board of canvassers shall
9also prepare a statement showing the results of any county, technical college district
10or statewide referendum. Each statement shall
state
show the total number of votes
11cast in the county for each office; the names of all persons for whom the votes were
12cast, as returned;
and the number of votes cast for each person
; and, except a write-in
13candidate who has not filed a timely declaration of candidacy for the office for which
14the candidate receives a vote, unless there are no candidates whose names appear
15on the ballot for that office or unless there appears on the ballot for that office the
16name of a deceased candidate. The statement shall also show the number of votes
17cast for and against any question submitted at a referendum. The board of
18canvassers shall use one copy of
the each duplicate statement to report to the
19elections board
or, technical college district board
or board of canvassers of any other
20county and shall file the other statement in the office of the county clerk or board of
21election commissioners.
AB434, s. 84
22Section
84. 7.60 (4) (b) of the statutes is amended to read:
AB434,49,823
7.60
(4) (b) The board of canvassers shall then prepare a written
24determination, in duplicate where necessary, giving the names of the persons elected
25to any county office
and to any municipal judgeship if the judge is elected under s.
1755.01 (4) and candidates for that judgeship file nomination papers in that county.
2The board of canvassers shall likewise prepare a written determination showing the
3results of any county referendum. Following any primary election, the board of
4canvassers shall prepare a statement certifying the names of all persons who have
5won nomination to any county office
or any municipal judgeship, if the judge is
6elected under s. 755.01 (4) and candidates for that judgeship file nomination papers
7in that county. The board of canvassers shall file all statements and determinations
8in the office of the county clerk or board of election commissioners.
AB434, s. 85
9Section
85. 7.60 (4) (c) of the statutes is amended to read:
AB434,49,2410
7.60
(4) (c) In preparing the statements and determinations, the board of
11canvassers shall carefully review the tally sheets and inspectors' statement. The
12board of canvassers may omit the
names of individuals whose names do not appear
13on the ballot and who receive a comparatively small number of votes. The board of
14canvassers shall name of any write-in candidate who has not filed a timely
15declaration of candidacy for the office for which the candidate receives votes, and 16designate votes received by
such individuals the candidate as scattering votes
,
17unless there are no candidates whose names appear on the ballot for that office or
18unless there appears on the ballot for that office the name of a deceased candidate.
19The board of canvassers shall append to each statement and determination a
20tabulation of the votes cast at each election district, ward or combination of wards
21authorized under s. 5.15 (6) (b) in the county for each office and each individual,
22whether the votes are canvassed or not, as well as the total canvassed votes cast for
23each individual and each office, except where scattering votes are designated. If any
24votes are rejected, the board of canvassers shall specify the reasons therefor.
AB434, s. 86
25Section
86. 7.60 (5) of the statutes is amended to read:
AB434,51,2
17.60
(5) Reporting. Immediately following the canvass the county clerk shall
2deliver or send to the elections board, by 1st class mail, a certified copy of each
3statement of the county board of canvassers for president and vice president; state
4officials; senators and representatives in congress; state legislators; justice; court of
5appeals judge; circuit judge; district attorney;
municipal judge, if elected under s.
6755.01 (4); and metropolitan sewerage commissioners, if the commissioners are
7elected under s. 66.23 (11) (am). The statement shall record the returns for each
8office or referendum by ward, unless combined returns are authorized under s. 5.15
9(6) (b) in which case the statement shall record the returns for each group of
10combined wards. Following primaries the county clerk shall enclose on blanks
11prescribed by the elections board the names, party or principle designation, if any,
12and number of votes received by each candidate recorded in the same manner. The
13county clerk shall deliver or transmit the certified statement to the elections board
14no later than 7 days after each primary and no later than 10 days after any other
15election. The board of canvassers shall deliver or transmit a certified copy of each
16statement for any technical college district referendum to the secretary of the
17technical college district board. If the board of canvassers becomes aware of a
18material mistake in the canvass of an election for state or national office or a
19statewide or technical college district referendum prior to the close of business on the
20day the elections board receives returns from the last county board of canvassers
21with respect to that canvass, the board of canvassers may petition the elections board
22to reopen and correct the canvass. The elections board shall direct the canvass to be
23reopened and corrected if it determines that the public interest so requires. If the
24elections board directs the canvass to be reopened, the board of canvassers shall
1reconvene and transmit a certified corrected copy of the canvass statement to the
2elections board or secretary of the technical college district board.
AB434, s. 87
3Section
87. 7.60 (6) of the statutes is amended to read:
AB434,51,114
7.60
(6) Certificate of election. Immediately after expiration of the time
5allowed to file a petition for a recount the county clerk shall issue a certificate of
6election to each person who is elected to any county office
and to each person who is
7elected to the office of party committeeman or committeewoman. The certificate
8notice shall state the amount of the required official bond, if any. When a petition
9for a recount is filed, the county clerk shall not issue the certificate of election for the
10office in question until the recount has been completed and the time allowed for filing
11an appeal has passed, or if appealed until the appeal is decided.
AB434, s. 88
12Section
88. 7.70 (3) (d) of the statutes is amended to read:
AB434,51,2413
7.70
(3) (d) When the certified statements and returns are received, the
14chairperson of the board shall proceed to examine and make a statement of the total
15number of votes cast at any election for the offices involved in the election for
16president and vice president; a statement for each of the offices of governor,
17lieutenant governor, if a primary, and a joint statement for the offices of governor and
18lieutenant governor, if a general election; a statement for each of the offices of
19secretary of state, state treasurer, attorney general, and state superintendent; for
20U.S. senator; representative in congress for each congressional district; the state
21legislature; justice; court of appeals judge; circuit judge; district attorney;
municipal
22judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission,
23if the commissioners are elected under s. 66.23 (11) (am); and for any referenda
24questions submitted by the legislature.
AB434, s. 89
25Section
89. 7.70 (3) (f) of the statutes is amended to read:
AB434,52,7
17.70
(3) (f) The statements shall show the persons' names receiving votes, and
2any referenda questions; the whole number of votes given to each; and an individual
3listing by the districts or counties in which they were given. The
names of persons
4not regularly nominated who received only a comparatively small number of votes 5name of any write-in candidate who has not filed a timely declaration of candidacy
6for the office for which the candidate receives votes may be omitted and
their the 7votes
cast for that candidate may be designated as scattering votes.
AB434, s. 90
8Section
90. 8.05 (1) (j) of the statutes is amended to read:
AB434,53,119
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
10name is certified as a nominee under par. (h) of his or her nomination.
If a municipal
11judge is elected under s. 755.01 (4), the county clerk of the county having the largest
12portion of the population in the jurisdiction served by the judge shall make the
13notification. Upon receipt of the notice, each candidate shall file a declaration of
14candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
15notification no later than 5 p.m. on the 5th day after the notification is mailed or
16personally delivered to the candidate by the municipal clerk, except as authorized
17in this paragraph. If an incumbent whose name is certified as a nominee fails to file
18a declaration of candidacy within the time prescribed by this paragraph, each
19certified candidate for the office held by the incumbent, other than the incumbent,
20may file a declaration of candidacy no later than 72 hours after the latest time
21prescribed in this paragraph. If the candidate has not filed a registration statement
22under s. 11.05 at the time of the notification, the candidate shall file the statement
23with the declaration. A candidate for municipal judge shall also file a statement of
24economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m.
25on the 5th day after notification of nomination is mailed or personally delivered to
1the candidate
by the municipal clerk, or no later than 4:30 p.m. on the next business
2day after the last day for filing a declaration of candidacy whenever that candidate
3is granted an extension of time for filing a declaration of candidacy under this
4paragraph. Upon receipt of the declaration of candidacy and registration statement
5of each qualified candidate, and upon filing of a statement of economic interests by
6each candidate for municipal judge, the municipal clerk
, or the county clerk if the
7judge is elected under s. 755.01 (4), shall place the name of the candidate on the
8ballot. No later than the end of the 3rd day following qualification by all candidates,
9the municipal clerk
, or the county clerk if the judge is elected under s. 755.01 (4), 10shall draw lots to determine the arrangement of candidates' names on the spring
11election ballot.
AB434, s. 91
12Section
91. 8.05 (3) (d) and (e) of the statutes are amended to read:
AB434,53,1813
8.05
(3) (d) The question of adoption of the nonpartisan primary under this
14subsection may be submitted to the electors at any regular election held in the town
15or at a special election called for the purpose. When a petition
requesting adoption
16of the nonpartisan primary conforming to the requirements of s. 8.40 signed by at
17least 20 electors of the town is filed with the town clerk
so requesting as provided in
18s. 8.37, the question shall be submitted to a vote.
AB434,53,2319
(e) Petitions requesting a vote on the question at a regular town election shall
20be filed
in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February.
21When the petition is filed, the clerk shall check its sufficiency. Whether at a regular
22or special election, the clerk shall give separate notice by one publication in a
23newspaper at least 5 days before the election.
AB434, s. 92
24Section
92. 8.05 (5) of the statutes is amended to read:
AB434,54,10
18.05
(5) When primary is held. Towns and villages adopting the nonpartisan
2primary to nominate candidates, under subs. (3) and (4), shall hold a primary only
3when the number of candidates for an elective office in the municipality exceeds
4twice the number to be elected to the office.
A primary for the office of municipal
5judge under s. 755.01 (4) shall be held whenever there are more than 2 candidates
6for that office. Those offices for which a primary has been held shall have only the
7names of candidates nominated at the primary appear on the official spring election
8ballot. When the number of candidates for an office does not exceed twice the number
9to be elected, their names shall appear on the official ballot for the election without
10a primary.
AB434, s. 93
11Section
93. 8.10 (3) (intro.) of the statutes is amended to read:
AB434,54,1412
8.10
(3) (intro.) The
affidavit
certification of a qualified elector under s. 8.15
13(4) (a) shall be appended to each nomination paper. The number of required
14signatures on nomination papers filed under this section is:
AB434, s. 94
15Section
94. 8.10 (6) (a) of the statutes is amended to read:
AB434,54,1816
8.10
(6) (a) For state offices
; municipal judges, if they are elected under s.
17755.01 (4); or seats on a metropolitan sewerage commission, if the commissioners are
18elected under s. 66.23 (11) (am), in the office of the board.
AB434, s. 95
19Section
95. 8.10 (6) (bm) of the statutes is created to read:
AB434,54,2220
8.10
(6) (bm) For municipal judge, if the judge is elected under s. 755.01 (4), in
21the office of the county clerk or board of election commissioners of the county having
22the largest portion of the population in the jurisdiction served by the judge.
AB434, s. 96
23Section
96. 8.11 (1) (d), (2) and (2m) of the statutes are amended to read:
AB434,55,224
8.11
(1) (d) When the number of candidates
, other than write-in candidates, 25for any city office does not exceed twice the number to be elected to the office, no
1primary may be held for the office and the candidates' names shall appear on the
2ballot for the ensuing election.