AB434: Bill Text

AB434, s. 78 Section 78. 7.51 (4) (a) of the statutes is amended to read:

AB434,44,14 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall except a write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The tally sheets shall also state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess by which the number of ballots exceeds the number of electors voting as shown by the poll or registration list, if any, and shall state the number of the last elector as shown by the registration or poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

AB434, s. 79 Section 79. 7.53 (1) of the statutes is amended to read:

AB434,45,3 7.53 (1) Municipalities with one polling place. Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass shall be conducted publicly under s. 7.51 and the inspectors shall act as the municipal board of canvassers. Upon completion of the canvass and ascertainment of the results by the inspectors, the clerk shall publicly read the names of the persons voted for and the number of votes for each person for each municipal office, except a write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The clerk shall also publicly read the names of the persons declared by the inspectors to have won nomination or election to each municipal office and the number of votes cast for and against each municipal referendum question.

AB434, s. 80 Section 80. 7.53 (2) (d) of the statutes is amended to read:

AB434,45,23 7.53 (2) (d) The municipal board of canvassers shall publicly canvass the returns of every municipal election. The canvass shall begin within 24 hours after the polls close. At the spring election, the board of canvassers shall publicly declare the results on or before the 2nd Tuesday in April. The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal referendum. After each primary for municipal offices, the board of canvassers shall prepare a statement certifying the names of those persons who have won nomination to office. After each other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal office and the results of each municipal referendum. The statement shall include the number of votes cast for each person for each municipal office, except a write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The statement shall also include the number of votes cast for and against each question submitted by the municipality. The board of canvassers shall file each statement and determination in the office of the municipal clerk or board of election commissioners.

AB434, s. 81 Section 81. 7.53 (3) (a) of the statutes is amended to read:

AB434,46,25 7.53 (3) (a) In a common, union high or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of the election being canvassed who shall, with the school district clerk, constitute the school district board of canvassers. If the school district clerk is a candidate at the election being canvassed, the other 2 members of the board of canvassers shall designate a 3rd member to serve in lieu of the clerk for that election. The canvass shall begin as soon as possible after receipt of the returns, and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and , except a write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The statement shall also show the numbers of votes cast for and against each question and. The board of canvassers shall also prepare a determination showing the names of the persons who are elected to the school board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school district office. The school district clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the school board after each election in the manner provided in sub. (4).

AB434, s. 82 Section 82. 7.60 (2) of the statutes is amended to read:

AB434,47,20 7.60 (2) County board of canvassers. The county clerk and 2 qualified electors of the county appointed by the clerk constitute the county board of canvassers. The members of the board of canvassers shall serve for 2-year terms commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. One member of the board of canvassers shall belong to a political party other than the clerk's. If the county clerk's office is vacant, or if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk and designated deputy clerk are both unable to perform their duties, the county executive or, if there is no county executive, the chairperson of the county board of supervisors shall designate another qualified elector of the county to perform the clerk's duties. If a member other than the clerk cannot perform his or her duties, the clerk shall appoint another member to serve. No person may serve on the county board of canvassers if the person is a candidate for an office to be canvassed by that board. If lists of candidates for the county board of canvassers are submitted to the county clerk by political party county committees, the lists shall consist of at least 3 names and the clerk shall choose the board members from the lists. Where there is a county board of election commissioners, it shall serve as the board of canvassers.

AB434, s. 83 Section 83. 7.60 (4) (a) of the statutes is amended to read:

AB434,48,21 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; municipal judges, if they are elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state show the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; and the number of votes cast for each person; and, except a write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The statement shall also show the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of the each duplicate statement to report to the elections board or, technical college district board or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB434, s. 84 Section 84. 7.60 (4) (b) of the statutes is amended to read:

AB434,49,8 7.60 (4) (b) The board of canvassers shall then prepare a written determination, in duplicate where necessary, giving the names of the persons elected to any county office and to any municipal judgeship if the judge is elected under s. 755.01 (4) and candidates for that judgeship file nomination papers in that county. The board of canvassers shall likewise prepare a written determination showing the results of any county referendum. Following any primary election, the board of canvassers shall prepare a statement certifying the names of all persons who have won nomination to any county office or any municipal judgeship, if the judge is elected under s. 755.01 (4) and candidates for that judgeship file nomination papers in that county. The board of canvassers shall file all statements and determinations in the office of the county clerk or board of election commissioners.

AB434, s. 85 Section 85. 7.60 (4) (c) of the statutes is amended to read:

AB434,49,24 7.60 (4) (c) In preparing the statements and determinations, the board of canvassers shall carefully review the tally sheets and inspectors' statement. The board of canvassers may omit the names of individuals whose names do not appear on the ballot and who receive a comparatively small number of votes. The board of canvassers shall name of any write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives votes, and designate votes received by such individuals the candidate as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The board of canvassers shall append to each statement and determination a tabulation of the votes cast at each election district, ward or combination of wards authorized under s. 5.15 (6) (b) in the county for each office and each individual, whether the votes are canvassed or not, as well as the total canvassed votes cast for each individual and each office, except where scattering votes are designated. If any votes are rejected, the board of canvassers shall specify the reasons therefor.

AB434, s. 86 Section 86. 7.60 (5) of the statutes is amended to read:

AB434,51,2 7.60 (5) Reporting. Immediately following the canvass the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president; state officials; senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judge; district attorney; municipal judge, if elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on blanks prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board. If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board to reopen and correct the canvass. The elections board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board or secretary of the technical college district board.

AB434, s. 87 Section 87. 7.60 (6) of the statutes is amended to read:

AB434,51,11 7.60 (6) Certificate of election. Immediately after expiration of the time allowed to file a petition for a recount the county clerk shall issue a certificate of election to each person who is elected to any county office and to each person who is elected to the office of party committeeman or committeewoman. The certificate notice shall state the amount of the required official bond, if any. When a petition for a recount is filed, the county clerk shall not issue the certificate of election for the office in question until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.

AB434, s. 88 Section 88. 7.70 (3) (d) of the statutes is amended to read:

AB434,51,24 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and for any referenda questions submitted by the legislature.

AB434, s. 89 Section 89. 7.70 (3) (f) of the statutes is amended to read:

AB434,52,7 7.70 (3) (f) The statements shall show the persons' names receiving votes, and any referenda questions; the whole number of votes given to each; and an individual listing by the districts or counties in which they were given. The names of persons not regularly nominated who received only a comparatively small number of votes name of any write-in candidate who has not filed a timely declaration of candidacy for the office for which the candidate receives votes may be omitted and their the votes cast for that candidate may be designated as scattering votes.

AB434, s. 90 Section 90. 8.05 (1) (j) of the statutes is amended to read:

AB434,53,11 8.05 (1) (j) The municipal clerk shall notify in writing each candidate whose name is certified as a nominee under par. (h) of his or her nomination. If a municipal judge is elected under s. 755.01 (4), the county clerk of the county having the largest portion of the population in the jurisdiction served by the judge shall make the notification. Upon receipt of the notice, each candidate shall file a declaration of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the notification no later than 5 p.m. on the 5th day after the notification is mailed or personally delivered to the candidate by the municipal clerk, except as authorized in this paragraph. If an incumbent whose name is certified as a nominee fails to file a declaration of candidacy within the time prescribed by this paragraph, each certified candidate for the office held by the incumbent, other than the incumbent, may file a declaration of candidacy no later than 72 hours after the latest time prescribed in this paragraph. If the candidate has not filed a registration statement under s. 11.05 at the time of the notification, the candidate shall file the statement with the declaration. A candidate for municipal judge shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk, or no later than 4:30 p.m. on the next business day after the last day for filing a declaration of candidacy whenever that candidate is granted an extension of time for filing a declaration of candidacy under this paragraph. Upon receipt of the declaration of candidacy and registration statement of each qualified candidate, and upon filing of a statement of economic interests by each candidate for municipal judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall place the name of the candidate on the ballot. No later than the end of the 3rd day following qualification by all candidates, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the arrangement of candidates' names on the spring election ballot.

AB434, s. 91 Section 91. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB434,53,18 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election held in the town or at a special election called for the purpose. When a petition requesting adoption of the nonpartisan primary conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting as provided in s. 8.37, the question shall be submitted to a vote.

AB434,53,23 (e) Petitions requesting a vote on the question at a regular town election shall be filed in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB434, s. 92 Section 92. 8.05 (5) of the statutes is amended to read:

AB434,54,10 8.05 (5) When primary is held. Towns and villages adopting the nonpartisan primary to nominate candidates, under subs. (3) and (4), shall hold a primary only when the number of candidates for an elective office in the municipality exceeds twice the number to be elected to the office. A primary for the office of municipal judge under s. 755.01 (4) shall be held whenever there are more than 2 candidates for that office. Those offices for which a primary has been held shall have only the names of candidates nominated at the primary appear on the official spring election ballot. When the number of candidates for an office does not exceed twice the number to be elected, their names shall appear on the official ballot for the election without a primary.

AB434, s. 93 Section 93. 8.10 (3) (intro.) of the statutes is amended to read:

AB434,54,14 8.10 (3) (intro.)  The affidavit certification of a qualified elector under s. 8.15 (4) (a) shall be appended to each nomination paper. The number of required signatures on nomination papers filed under this section is:

AB434, s. 94 Section 94. 8.10 (6) (a) of the statutes is amended to read:

AB434,54,18 8.10 (6) (a) For state offices; municipal judges, if they are elected under s. 755.01 (4); or seats on a metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am), in the office of the board.

AB434, s. 95 Section 95. 8.10 (6) (bm) of the statutes is created to read:

AB434,54,22 8.10 (6) (bm) For municipal judge, if the judge is elected under s. 755.01 (4), in the office of the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

AB434, s. 96 Section 96. 8.11 (1) (d), (2) and (2m) of the statutes are amended to read:

AB434,55,2 8.11 (1) (d) When the number of candidates, other than write-in candidates, for any city office does not exceed twice the number to be elected to the office, no primary may be held for the office and the candidates' names shall appear on the ballot for the ensuing election.

AB434,55,6 (2) Milwaukee county. A primary shall be held in counties having a population of 500,000 or more whenever there are more than twice the number of candidates, other than write-in candidates, to be elected to any judicial office within the county or to the county board of supervisors from any one district.

AB434,55,10 (2m) First class city school board. A primary shall be held in 1st class cities whenever there are more than 2 candidates, other than write-in candidates, for member of the board of school directors at-large or from any election district in any year.

AB434, s. 97 Section 97. 8.12 (2) of the statutes is amended to read:

AB434,55,16 8.12 (2) Ballots. The form of the official ballots shall be prescribed by the board under s. 5.60 (8). The ballot shall provide to an elector the opportunity to vote for an uninstructed delegation to represent this state at the presidential nominating convention of his or her party, or to write in the name of a candidate for the presidential nomination of his or her party.

AB434, s. 98 Section 98. 8.15 (4) (a) of the statutes is amended to read:

AB434,56,6 8.15 (4) (a) The affidavit certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each nomination paper, stating he or she personally circulated the nomination paper and personally obtained each of the signatures; he or she knows they are electors of the ward, aldermanic district, municipality or county, as the nomination papers require; he or she knows they signed the paper with full knowledge of its content; he or she knows their respective residences given; he or she knows each signer signed on the date stated opposite his or her name; and, that he or she, the affiant circulator, resides within the district which the candidate named therein will represent, if elected; that he or she intends to support the candidate; and that he or she is aware that falsifying the affidavit certification is punishable under ss. s. 12.13 (3) (a) and 946.32 (1) (a), Wis. stats. The affidavit certification may be made by the candidate or any qualified elector. The nomination papers are valid with or without the seal of the officer who administers the oath.

AB434, s. 99 Section 99. 8.17 (1) (a) of the statutes is amended to read:

AB434,56,24 8.17 (1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b) or (2) shall elect their party committeemen and committeewomen at the September primary as provided under sub. (5) (b). The function of committeemen and committeewomen is to represent their neighborhoods in the structure of a political party. Committeemen and committeewomen shall act as liaison representatives between their parties and the residents of the election districts in which they serve. Activities of committeemen and committeewomen shall include, but not be limited to, voter identification; assistance in voter registration drives; increasing voter participation in political parties; polling and other methods of passing information from residents to political parties and elected public officials; and dissemination of information from public officials to residents. For assistance in those and other activities of interest to a political party, each committeeman and committeewoman may appoint a captain to engage in these activities in each ward, if the election district served by the committeeman or committeewoman includes more than one ward. In an election district which includes more than one ward, the committeeman or committeewoman shall coordinate the activities of the ward captains in promoting the interests of his or her party.

AB434, s. 100 Section 100. 8.17 (2), (3) and (4) (a) and (b) of the statutes are repealed.

AB434, s. 101 Section 101. 8.17 (4) (c) of the statutes is renumbered 8.17 (4) and amended to read:

AB434,57,5 8.17 (4) The term of office of each elected or appointed committeeman or committeewoman shall end on the date of the meeting held under sub. (5) (b) following each September primary.

AB434, s. 102 Section 102. 8.17 (5) (b) of the statutes is amended to read:

AB434,57,22 8.17 (5) (b) A combined meeting of the county committee and members in good standing of the party in the county shall be held no sooner than 15 days after the September primary and no later than April 1 of the following year. At this meeting, the party committeemen or committeewomen and the county committee offices of chairperson, vice chairperson, secretary and treasurer shall be filled by election by the committeemen, committeewomen and party members present and voting, each of whom is entitled to one vote. At this meeting, the county committee shall elect the members of the congressional district committee as provided in sub. (6) (b), (c) and (d). The secretary of the county committee shall give at least 7 days' written notice of the meeting to party and committee members. Individuals elected as county committee officers or as congressional district committee members may be, but are not required to be, committeemen or committeewomen. They are required to be party members in good standing. Their The terms of committeemen and committeewomen, county committee officers and congressional district committee members begin during the meeting immediately upon completion and verification of the voting for each office.

AB434, s. 103 Section 103. 8.17 (5) (bm) of the statutes is created to read:

AB434,58,3 8.17 (5) (bm) A county committee may require that candidates for party committeemen and committeewomen file nomination papers with the county committee prior to the combined meeting under par. (b). The form, content and circulation and filing deadlines of the nomination papers shall be established by the county committee.

AB434, s. 104 Section 104. 8.20 (3) of the statutes is amended to read:

AB434,58,6 8.20 (3) The affidavit certification of an elector under s. 8.15 (4) (a) shall be appended to each nomination paper.

AB434, s. 105 Section 105. 8.20 (9) of the statutes is amended to read:

AB434,58,16 8.20 (9) Persons nominated by nomination papers without a recognized political party designation shall be placed on the official ballot at the general election and at any partisan election to the right or below the recognized political party candidates in their own column or row designated "Independent". At the September primary, persons nominated for state office by nomination papers without a recognized political party designation shall be placed on a separate ballot or row on the voting machine designated "Independent". If the candidate's name already appears under a recognized political party it may not be listed on the independent ballot, column or row.

AB434, s. 106 Section 106. 8.21 of the statutes is amended to read:

AB434,59,23 8.21 Declaration of candidacy. Each candidate, except a write-in candidate or a candidate for presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.17 (2), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16 (2) or 8.35 (2) (c). A write-in candidate may file a declaration of candidacy no later than 5 p.m. before the day of the primary or other election at which the candidate seeks office. A candidate shall file the declaration with the officer or agency with which nomination papers are filed for the office which the candidate seeks, or if nomination papers are not required, with the clerk or board of election commissioners of the jurisdiction in which the candidate seeks office. The declaration shall be sworn to before any officer authorized to administer oaths. The declaration shall contain the name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office, and shall state that the signer is a candidate for a named office, that he or she meets or will at the time he or she assumes office meet applicable age, citizenship, residency or voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and of this state, and that he or she will otherwise qualify for office if nominated and elected. The Except in the case of a write-in candidate, the declaration shall include the candidate's name in the form in which it will appear on the ballot. Each candidate for state and local office shall include in the declaration a statement that he or she has not been convicted of any infamous crime for which he or she has not been pardoned and a list of all felony convictions for which he or she has not been pardoned. In addition, each candidate for state or local office shall include in the declaration a statement that discloses his or her municipality of residence for voting purposes, and the street and number, if any, on which the candidate resides. The declaration is valid with or without the seal of the officer who administers the oath. A candidate for state or local office shall file an amended declaration under oath with the same officer or agency if any information contained in the declaration changes at any time after the original declaration is filed and before the candidate assumes office or is defeated for election or nomination.

AB434, s. 107 Section 107. 8.35 (2) (a) of the statutes is amended to read:

AB434,60,14 8.35 (2) (a) If a vacancy occurs after nomination due to the death of a candidate of a recognized political party for a partisan office, other than party committeeman or committeewoman, the vacancy may be filled by the chairperson of the committee of the proper political party under s. 7.38 (3), or the personal campaign committee, if any, in the case of independent candidates. Similar vacancies in nominations of candidates for nonpartisan local offices may be filled by the candidate's personal campaign committee or, if the candidate had none, by the body which governs the local governmental unit in which the deceased person was a candidate for office. The chairperson, chief officer of the committee, or clerk of the body making an appointment shall file a certificate of appointment with the official or agency with whom declarations of candidacy for the office are filed. For purposes of this paragraph, the official or agency need not recognize members of a personal campaign committee whose names were not filed under s. 11.05 prior to the death of the candidate.

AB434, s. 108 Section 108. 8.37 of the statutes is created to read:

AB434,60,22 8.37 Filing of referenda petitions or questions. Unless otherwise required by law, all proposed constitutional amendments and any other measure or question that is to be submitted to a vote of the people, or any petitions requesting that a measure or question be submitted to a vote of the people, if applicable, shall be filed with the official or agency responsible for preparing the ballots for the election no later than 42 days prior to the election at which the amendment, measure or question will appear on the ballot.

AB434, s. 109 Section 109. 8.40 (2) of the statutes is amended to read:

AB434,61,11 8.40 (2) The affidavit certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each separate sheet of each petition specified in sub. (1), stating that the affiant he or she personally circulated the petition and personally obtained each of the signatures; that the affiant circulator knows that they are electors of the jurisdiction or district in which the petition is circulated; that the affiant circulator knows that they signed the paper with full knowledge of its content; that the affiant circulator knows their respective residences given; that the affiant circulator knows that each signer signed on the date stated opposite his or her name; that the affiant circulator resides within the jurisdiction or district in which the petition is circulated; and that the affiant circulator is aware that falsifying the affidavit certification is punishable under ss. s. 12.13 (3) (a) and 946.32 (1) (a). The petition is valid with or without the seal of the officer who administers the oath.

AB434, s. 110 Section 110. 8.50 (1) (a) of the statutes is amended to read:

AB434,62,7 8.50 (1) (a) When there is to be a special election, the special election for county clerk shall be ordered by the sheriff; the special election for any other county office shall be ordered by the county clerk except as provided in s. 17.21 (5); the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the mayor, president or chairperson of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the mayors, presidents or chairpersons of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the board. When the county clerk or sheriff issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. When the mayor, president or chairperson issues the order, it shall be filed in the office of the municipal clerk or city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

AB434, s. 111 Section 111. 8.50 (1) (b) of the statutes is amended to read:

AB434,62,17 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the board shall give notice as soon as possible to the county clerks. Upon receipt of notice from the board, or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to all the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n) and (3) (f).

AB434, s. 112 Section 112. 8.50 (2) (a) of the statutes is amended to read:

AB434,62,24 8.50 (2) (a) The date for the special election shall be not less than 62 92 nor more than 77 107 days from the date of the order except when the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring or general election, the special election may be ordered not earlier than 92 days prior to the spring primary or September primary, respectively, and not later than 49 days prior to that primary.

AB434, s. 113 Section 113. 8.50 (4) (fm) of the statutes is amended to read:

AB434,63,9 8.50 (4) (fm) A permanent vacancy in the office of municipal judge may be filled by temporary appointment of the municipal governing body, or, if the judge is elected under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the judge. The office shall then be permanently filled by special election, held concurrently with the next spring election following the occurrence of the vacancy, except that a vacancy occurring during the period after December 1 and on or before the date of the spring election shall be filled at the 2nd succeeding spring election, and no such election may be held after the expiration of the term of office nor at the time of holding the regular election for the office.

AB434, s. 114 Section 114. 9.01 (1) (ag) 1. and 2. of the statutes are amended to read:

AB434,63,18 9.01 (1) (ag) 1. For the purpose of this subsection, the elections board shall promulgate a rule defining the "actual cost" of conducting a recount. Each petition for a recount shall be accompanied by the fee or charge prescribed in this paragraph. If the difference 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 is less than 10 if 1,000 or less votes are cast or less than .5% of the total votes cast for the office or on the question if more than 1,000 votes are cast, the petitioner is not required to pay a fee.

AB434,63,24 2. If the difference 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 is at least 10 if 1,000 or less votes are cast or at least .5% if more than 1,000 votes are cast but less than 3%, the petitioner shall 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.

AB434, s. 115 Section 115. 9.01 (1) (ag) 2g. and 2r. of the statutes are created to read:

AB434,64,4 9.01 (1) (ag) 2g. If the difference 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 is at least 3% but less than 5%, the petitioner shall pay 50% of the actual cost of conducting the recount.

AB434,64,8 2r. If the difference 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 is 5% or more, the petitioner shall pay the actual cost of conducting the recount.

AB434, s. 116 Section 116. 9.01 (2) of the statutes is amended to read:

AB434,64,24 9.01 (2) Notice to candidates. When the recount concerns an election for an office, the clerk or body with whom the petition is filed shall promptly prepare a copy of the petition for delivery to each opposing candidate for the same office whose name appears on the ballot. In a recount proceeding for a partisan primary, the clerk or body shall prepare a copy of the petition for delivery to each opposing candidate for the same party nomination for the same office, to each opposing candidate for the party nomination of each other party for the same office and to each independent candidate qualifying to have his or her name placed on the ballot for the succeeding election. The A candidate or agent designated by a candidate may personally accept delivery of a copy of the petition. Upon such delivery, the clerk or body shall require the candidate or agent to sign a receipt therefor. If a candidate or agent does not personally accept delivery, the clerk or body shall then promptly deliver the copies of the petition to the sheriff, who shall promptly deliver the copies of the petition to each candidate at the address given on the candidate's nomination papers, without fee, in the manner provided for service of a summons in civil actions.

AB434, s. 117 Section 117. 9.01 (5) (a) of the statutes is amended to read:

AB434,65,12 9.01 (5) (a) The board of canvassers or the chairperson of the board shall keep complete minutes of all proceedings before the board of canvassers or chairperson. Upon completion of its proceedings, a board of canvassers shall deliver one copy of its minutes to the elections board. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or chairperson receives exhibits from any party, the board of canvassers or chairperson shall number and preserve the exhibits. The board of canvassers or chairperson shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board, witness fees shall be paid by the board.

AB434, s. 118 Section 118. 9.01 (7) (a) of the statutes is amended to read:

AB434,65,24 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county or municipal clerk or board to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall fix a place and a time for the a hearing within 5 days of the order either in open court, at chambers or before a referee and a time for the hearing in accordance with par. (b). The order shall be served upon each affected county or municipal clerk or board and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount. A reference may be ordered upon any question. At the assigned time and place, the matter shall be summarily heard and determined and costs taxed as in other civil actions.

AB434, s. 119 Section 119. 10.02 (3) (b) 1. of the statutes is amended to read:

AB434,66,14 10.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (7) in the circle or depress the lever or button under next to the party designation printed shown at the top of the ballot, except that at the general election the elector shall cast one vote jointly for the offices of president and vice president or governor and lieutenant governor. A vote for candidates for president and vice president is a vote for the presidential electors of those candidates. Unless a name has been erased or crossed out, another name written in, a cross made to the right next to the name of a candidate for the same office in another column or a sticker applied, a cross in the circle next to a party designation at the top of the column is a vote for all the party's candidates listed in the column. If an elector does not wish to vote for all the candidates nominated by one party, the elector shall make a cross (7) in the square at the right of next to or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or shall insert or write in the name of a candidate.

AB434, s. 120 Section 120. 10.02 (3) (b) 2. of the statutes is amended to read: