AB700-engrossed,66,2413
7.70
(3) (d) When the certified statements and returns are received, the
14chairperson of the board
or the chairperson's designee shall proceed to examine and
15make a statement of the total number of votes cast at any election for the offices
16involved in the election for president and vice president; a statement for each of the
17offices of governor, lieutenant governor, if a primary, and a joint statement for the
18offices of governor and lieutenant governor, if a general election; a statement for each
19of the offices of secretary of state, state treasurer, attorney general, and state
20superintendent; for U.S. senator; representative in congress for each congressional
21district; the state legislature; justice; court of appeals judge; circuit judge; district
22attorney;
municipal judge, if he or she is elected under s. 755.01 (4); metropolitan
23sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and
24for any referenda questions submitted by the legislature.
AB700-engrossed,67,3
17.70
(3) (e) (intro.) The chairperson of the board
or the chairperson's designee 2shall make a special statement to the board as soon as possible after the canvass
3certifying:
AB700-engrossed,67,155
7.70
(3) (g) Following each primary election, the chairperson of the board
or the
6chairperson's designee shall prepare a statement certifying the results of the
7primary, which shall indicate the names of the persons who have won nomination to
8any state or national office. Following each other election, the chairperson of the
9board
or the chairperson's designee shall prepare a statement certifying the results
10of the election and shall attach to the statement a certificate of determination which
11shall indicate the names of persons who have been elected to any state or national
12office. The chairperson of the board
or the chairperson's designee shall likewise
13prepare a statement and certificate for any statewide referendum. The chairperson
14of the board
or the chairperson's designee shall deliver each statement and
15determination to the board.
AB700-engrossed,67,2517
7.70
(3) (h) Whenever a referendum question submitted to a vote of the people
18is approved, the board shall record it and the secretary of state shall have the record
19bound in the volume containing the original enrolled laws passed at the next
20succeeding session of the legislature and have the record published with the laws
21thereof. Whenever a constitutional amendment or other statewide validating or
22ratifying referendum question which is approved by the people does not expressly
23state the date of effectiveness, it shall become effective at the time the chairperson
24of the board
or the chairperson's designee certifies that the amendment or
25referendum question is approved.
AB700-engrossed,68,122
7.70
(3) (i) The chairperson of the board
or the chairperson's designee shall
3canvass only regular returns made by the county board of canvassers and shall not
4count or canvass any additional or supplemental returns or statements made by the
5county board or any other board or person. The chairperson of the board
or the
6chairperson's designee shall not count or canvass any statement or return which has
7been made by the county board of canvassers at any other time than that provided
8in s. 7.60. This provision does not apply to any return made subsequent to a recount
9under s. 9.01, when the return is accepted in lieu of any prior return from the same
10county for the same office; or to a statement given to the chairperson of the board
or
11chairperson's designee or a messenger sent by the chairperson
or designee to obtain
12a correction.
AB700-engrossed,69,414
7.70
(5) (a) The board shall record in its office each certified statement and
15determination made by the chairperson of the board
or the chairperson's designee.
16Immediately after the expiration of the time allowed to file a petition for recount, the
17board shall make and transmit to each person declared elected a certificate of
18election under the seal of the board. It shall also prepare similar certificates, attested
19by the executive director of the board, addressed to the U.S. house of representatives,
20stating the names of those persons elected as representatives to the congress from
21this state. In the case of U.S. senators, the board shall prepare a certificate of election
22for the governor's signature, and the governor shall sign and affix the great seal of
23the state and transmit the certificate to the president of the U.S. senate. The
24certificate shall be countersigned by the secretary of state. If a person elected was
25elected to fill a vacancy, the certificate shall so state. When a valid petition for
1recount is filed, the chairperson of the board
or the chairperson's designee may not
2certify a nomination, and the governor or board may not issue a certificate of election
3until the recount has been completed and the time allowed for filing an appeal has
4passed, or if appealed until the appeal is decided.
AB700-engrossed,70,86
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
7name is certified as a nominee under par. (h) of his or her nomination.
If a municipal
8judge is elected under s. 755.01 (4), the county clerk of the county having the largest
9portion of the population in the jurisdiction served by the judge shall make the
10notification. Upon receipt of the notice, each candidate shall file a declaration of
11candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
12notification no later than 5 p.m. on the 5th day after the notification is mailed or
13personally delivered to the candidate by the municipal clerk, except as authorized
14in this paragraph. If an incumbent whose name is certified as a nominee fails to file
15a declaration of candidacy within the time prescribed by this paragraph, each
16certified candidate for the office held by the incumbent, other than the incumbent,
17may file a declaration of candidacy no later than 72 hours after the latest time
18prescribed in this paragraph. If the candidate has not filed a registration statement
19under s. 11.05 at the time of the notification, the candidate shall file the statement
20with the declaration. A candidate for municipal judge shall also file a statement of
21economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m.
22on the 5th day after notification of nomination is mailed or personally delivered to
23the candidate
by the municipal clerk, or no later than 4:30 p.m. on the next business
24day after the last day for filing a declaration of candidacy whenever that candidate
25is granted an extension of time for filing a declaration of candidacy under this
1paragraph. Upon receipt of the declaration of candidacy and registration statement
2of each qualified candidate, and upon filing of a statement of economic interests by
3each candidate for municipal judge, the municipal clerk
, or the county clerk if the
4judge is elected under s. 755.01 (4), shall place the name of the candidate on the
5ballot. No later than the end of the 3rd day following qualification by all candidates,
6the municipal clerk
, or the county clerk if the judge is elected under s. 755.01 (4), 7shall draw lots to determine the arrangement of candidates' names on the spring
8election ballot.
AB700-engrossed,70,1110
8.05
(3) (b)
Notice The town clerk shall
be given give notice of the primary 11under
ss. 10.01 (2) (a) and s. 10.06
(2) (3) (a).
AB700-engrossed,70,1813
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.
AB700-engrossed,70,2319
(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.
AB700-engrossed,71,10
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.
AB700-engrossed,71,1412
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:
AB700-engrossed,71,1816
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.
AB700-engrossed,71,2220
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.
AB700-engrossed,72,324
8.12
(2) Ballots. The form of the official ballots shall be prescribed by the
25board
under s. 5.60 (8). The ballot shall provide to an elector the opportunity to vote
1for an uninstructed delegation to represent this state at the presidential nominating
2convention of his or her party, or to write in the name of a candidate for the
3presidential nomination of his or her party.
AB700-engrossed,72,185
8.15
(4) (a) The
affidavit certification of a qualified elector stating his or her
6residence with street and number, if any, shall appear at the bottom of each
7nomination paper, stating he or she personally circulated the nomination paper and
8personally obtained each of the signatures; he or she knows they are electors of the
9ward, aldermanic district, municipality or county, as the nomination papers require;
10he or she knows they signed the paper with full knowledge of its content; he or she
11knows their respective residences given; he or she knows each signer signed on the
12date stated opposite his or her name; and, that he or she, the
affiant circulator,
13resides within the district which the candidate named therein will represent, if
14elected; that he or she intends to support the candidate; and that he or she is aware
15that falsifying the
affidavit certification is punishable under
ss. s. 12.13 (3) (a)
and
16946.32 (1) (a), Wis. stats. The
affidavit certification may be made by the candidate
17or any qualified elector.
The nomination papers are valid with or without the seal
18of the officer who administers the oath.
AB700-engrossed,73,1120
8.17
(1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b)
21or (2) shall elect their party committeemen and committeewomen
at the September
22primary as provided under sub. (5) (b). The function of committeemen and
23committeewomen is to represent their neighborhoods in the structure of a political
24party. Committeemen and committeewomen shall act as liaison representatives
25between their parties and the residents of the election districts in which they serve.
1Activities of committeemen and committeewomen shall include, but not be limited
2to, voter identification; assistance in voter registration drives; increasing voter
3participation in political parties; polling and other methods of passing information
4from residents to political parties and elected public officials; and dissemination of
5information from public officials to residents. For assistance in those and other
6activities of interest to a political party, each committeeman and committeewoman
7may appoint a captain to engage in these activities in each ward, if the election
8district served by the committeeman or committeewoman includes more than one
9ward. In an election district which includes more than one ward, the committeeman
10or committeewoman shall coordinate the activities of the ward captains in promoting
11the interests of his or her party.
AB700-engrossed,73,1715
8.17
(4) The term of office of each
elected or appointed committeeman or
16committeewoman shall end on the date of the meeting held under sub. (5) (b)
17following each September primary.
AB700-engrossed,74,919
8.17
(5) (b) A combined meeting of the county committee and members in good
20standing of the party in the county shall be held no sooner than 15 days after the
21September primary and no later than April 1 of the following year. At this meeting,
22the party committeemen or committeewomen and the county committee offices of
23chairperson, vice chairperson, secretary and treasurer shall be filled by election by
24the
incumbent committeemen, committeewomen and
other party members present
25and voting, each of whom is entitled to one vote. At this meeting, the county
1committee shall elect the members of the congressional district committee as
2provided in sub. (6) (b), (c) and (d). The secretary of the county committee shall give
3at least 7 days' written notice of the meeting to party and committee members.
4Individuals elected as county committee officers or as congressional district
5committee members may be, but are not required to be, committeemen or
6committeewomen. They are required to be party members in good standing.
Their 7The terms
of committeemen and committeewomen, county committee officers and
8congressional district committee members begin during the meeting immediately
9upon completion and verification of the voting for each office.
AB700-engrossed,74,1511
8.17
(5) (bm) A county committee may require that candidates for party
12committeemen and committeewomen file nomination papers with the county
13committee prior to the combined meeting under par. (b). The form, content and
14circulation and filing deadlines of the nomination papers shall be established by the
15county committee.
AB700-engrossed,74,1817
8.20
(3) The
affidavit certification of an elector under s. 8.15 (4) (a) shall be
18appended to each nomination paper.
AB700-engrossed,75,420
8.20
(9) Persons nominated by nomination papers without a recognized
21political party designation shall be placed on the official ballot at the general election
22and at any partisan election to the right or below the recognized political party
23candidates in their own column or row designated "Independent". At the September
24primary, persons nominated for state office by nomination papers without a
25recognized political party designation shall be placed on a separate ballot or
, if a
1consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting
2machines are used, in a column or row
on the voting machine designated
3"Independent". If the candidate's name already appears under a recognized political
4party it may not be listed on the independent ballot, column or row.
AB700-engrossed,76,8
68.21 Declaration of candidacy. Each candidate, except a candidate for
7presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later
8than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15
9(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
10(2) (c). A candidate shall file the declaration with the officer or agency with which
11nomination papers are filed for the office which the candidate seeks, or if nomination
12papers are not required, with the clerk or board of election commissioners of the
13jurisdiction in which the candidate seeks office. The declaration shall be sworn to
14before any officer authorized to administer oaths. The declaration shall contain the
15name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for
16nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office,
17and shall state that the signer is a candidate for a named office, that he or she meets
18or will at the time he or she assumes office meet applicable age, citizenship, residency
19or voting qualification requirements, if any, prescribed by the constitutions and laws
20of the United States and of this state, and that he or she will otherwise qualify for
21office if nominated and elected. The declaration shall include the candidate's name
22in the form in which it will appear on the ballot. Each candidate for state and local
23office shall include in the declaration a statement that he or she has not been
24convicted of any infamous crime for which he or she has not been pardoned and a list
25of all felony convictions for which he or she has not been pardoned. In addition, each
1candidate for state or local office shall include in the declaration a statement that
2discloses his or her municipality of residence for voting purposes, and the street and
3number, if any, on which the candidate resides. The declaration is valid with or
4without the seal of the officer who administers the oath. A candidate for state or local
5office shall file an amended declaration under oath with the same officer or agency
6if any information contained in the declaration changes at any time after the original
7declaration is filed and before the candidate assumes office or is defeated for election
8or nomination.
AB700-engrossed,76,2310
8.35
(2) (a) If a vacancy occurs after nomination due to the death of a candidate
11of a recognized political party for a partisan office,
other than party committeeman
12or committeewoman, the vacancy may be filled by the chairperson of the committee
13of the proper political party under s. 7.38
(3), or the personal campaign committee,
14if any, in the case of independent candidates. Similar vacancies in nominations of
15candidates for nonpartisan local offices may be filled by the candidate's personal
16campaign committee or, if the candidate had none, by the body which governs the
17local governmental unit in which the deceased person was a candidate for office. The
18chairperson, chief officer of the committee, or clerk of the body making an
19appointment shall file a certificate of appointment with the official or agency with
20whom declarations of candidacy for the office are filed. For purposes of this
21paragraph, the official or agency need not recognize members of a personal campaign
22committee whose names were not filed under s. 11.05 prior to the death of the
23candidate.
AB700-engrossed,77,4
18.35
(2) (d) If the ballots have been prepared, the committees or body filling the
2vacancy shall supply stickers as provided under s. 7.38 (3)
(c). No vacancy in a
3nomination occurs prior to the time of the primary election for an office, unless no
4primary is required for the office for which the nomination is made.
AB700-engrossed,77,12
68.37 Filing of referenda petitions or questions. Unless otherwise required
7by law, all proposed constitutional amendments and any other measure or question
8that is to be submitted to a vote of the people, or any petitions requesting that a
9measure or question be submitted to a vote of the people, if applicable, shall be filed
10with the official or agency responsible for preparing the ballots for the election no
11later than 42 days prior to the election at which the amendment, measure or question
12will appear on the ballot.
AB700-engrossed,78,214
8.40
(2) The
affidavit certification of a qualified elector stating his or her
15residence with street and number, if any, shall appear at the bottom of each separate
16sheet of each petition specified in sub. (1), stating that
the affiant he or she personally
17circulated the petition and personally obtained each of the signatures; that the
18affiant circulator knows that they are electors of the jurisdiction or district in which
19the petition is circulated; that the
affiant circulator knows that they signed the paper
20with full knowledge of its content; that the
affiant
circulator knows their respective
21residences given; that the
affiant circulator knows that each signer signed on the
22date stated opposite his or her name; that the
affiant
circulator resides within the
23jurisdiction or district in which the petition is circulated; and that the
affiant 24circulator is aware that falsifying the
affidavit certification is punishable under
ss.
1s. 12.13 (3) (a)
and 946.32 (1) (a). The petition is valid with or without the seal of the
2officer who administers the oath.
AB700-engrossed,78,234
8.50
(1) (a) When there is to be a special election, the special election for county
5clerk shall be ordered by the sheriff; the special election for any other county office
6shall be ordered by the county clerk except as provided in s. 17.21 (5); the special
7election for school board member in a school district organized under ch. 119 shall
8be ordered by the school board; the special election for municipal judge shall be
9ordered by the mayor, president or chairperson of the municipality, except in 1st class
10cities
, or if the judge is elected under s. 755.01 (4) jointly by the mayors, presidents
11or chairpersons of all municipalities served by the judge; and all other special
12elections shall be ordered by the governor. When the governor or attorney general
13issues the order, it shall be filed and recorded in the office of the board. When the
14county clerk or sheriff issues the order, it shall be filed and recorded in the office of
15the county clerk. When the county executive issues the order, it shall be filed in the
16office of the county board of election commissioners. When the school board of a
17school district organized under ch. 119 issues the order, it shall be filed and recorded
18in the office of the city board of election commissioners. When the mayor, president
19or chairperson issues the order, it shall be filed in the office of the municipal clerk or
20city board of election commissioners.
If a municipal judge is elected under s. 755.01
21(4), the order shall be filed in the office of the county clerk or board of election
22commissioners of the county having the largest portion of the population of the
23jurisdiction served by the judge.
AB700-engrossed,79,9
18.50
(1) (b) Notice of any special election shall be given upon the filing of the
2order under par. (a) by publication in a newspaper under ch. 985. If the special
3election concerns a national or state office, the board shall give notice as soon as
4possible to the county clerks. Upon receipt of notice from the board, or when the
5special election is for a county office
or a municipal judgeship under s. 755.01 (4), the
6county clerk shall give notice as soon as possible to
all the municipal clerks
of all
7municipalities in which electors are eligible to vote in the election and publish one
8type A notice for all offices to be voted upon within the county as provided in s. 10.06
9(2) (n) and (3) (f).
AB700-engrossed,79,1911
8.50
(4) (fm) A permanent vacancy in the office of municipal judge may be filled
12by temporary appointment of the municipal governing body
, or, if the judge is elected
13under s. 755.01 (4), jointly by the governing bodies of all municipalities served by the
14judge. The office shall then be permanently filled by special election, held
15concurrently with the next spring election following the occurrence of the vacancy,
16except that a vacancy occurring during the period after December 1 and on or before
17the date of the spring election shall be filled at the 2nd succeeding spring election,
18and no such election may be held after the expiration of the term of office nor at the
19time of holding the regular election for the office.
AB700-engrossed,80,2421
9.01
(1) (a) Any candidate voted for at any election or any elector who voted
22upon any referendum question at any election may request a recount. The petitioner
23shall file a verified petition or petitions accompanied by the fee prescribed in par.
24(ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of
25completion of the canvass and not later than 5 p.m. on the 3rd business day following
1the last meeting day of the municipal or county board of canvassers determining the
2election for that office or on that referendum question or, if more than one board of
3canvassers makes the determination not later than 5 p.m. on the 3rd business day
4following the last meeting day of the last board of canvassers which makes a
5determination. If the chairperson of the board
or chairperson's designee makes the
6determination for the office or the referendum question, the petitioner shall file the
7petition not earlier than the last meeting day of the last county board of canvassers
8to make a statement in the election or referendum and not later than 5 p.m. on the
93rd business day following the day on which the elections board receives the last
10statement from a county board of canvassers for the election or referendum. Each
11verified petition shall state that at the election the petitioner was a candidate for the
12office in question or that he or she voted on the referendum question in issue; that
13the petitioner is informed and believes that a mistake or fraud has been committed
14in a specified ward or municipality in the counting and return of the votes cast for
15the office or upon the question; or shall specify any other defect, irregularity or
16illegality in the conduct of the election. The petition shall specify each ward, or each
17municipality where no wards exist, in which a recount is desired. If a recount is
18requested for all wards within a jurisdiction, each ward need not be specified. The
19petition may be amended to include information discovered as a result of the
20investigation of the board of canvassers or
the chairperson of the board
or
21chairperson's designee after the filing of the petition, if the petitioner moves to
22amend the petition as soon as possible after the petitioner discovered or reasonably
23should have discovered the information which is the subject of the amendment and
24the petitioner was unable to include information in the original petition.
AB700-engrossed,81,14
19.01
(1) (ar) 3. Upon receipt of a valid petition, the clerk shall thereupon notify
2the proper board of canvassers. Upon receipt of a valid petition by the board, the
3board shall promptly by certified mail or other expeditious means order the proper
4county boards of canvassers to commence the recount. County boards of canvassers
5shall convene no later than 9 a.m. on the day following receipt of an order and may
6adjourn for not more than one day at a time until the recount is completed in the
7county, except that the board may permit extension of the time for adjournment.
8Returns from a recount ordered by the board shall be transmitted to the office of the
9board as soon as possible, but in no case later than 13 days from the date of the order
10of the board directing the recount. The chairperson of the board
or the chairperson's
11designee may not make a determination in any election if a recount is pending before
12any county board of canvassers in that election. The chairperson of the board
or the
13chairperson's designee need not recount actual ballots, but shall verify the returns
14of the county boards of canvassers in making his or her determinations.
AB700-engrossed,81,2416
9.01
(1) (b) 2. The board of canvassers shall then examine the absentee ballot
17envelopes. Any defective absentee ballot envelopes shall be laid aside, properly
18marked and carefully preserved. The number of voters shall be reduced by the
19number of ballot envelopes set aside under this subdivision. An absentee ballot
20envelope is defective only if it is neither sworn nor witnessed, if it is not signed by
21the voter
or, if the affidavit supporting the absentee ballot envelope has such a
22number of technical errors that the board of canvassers is doubtful of the legal effect
23of the affidavit
or, if the ballot was voted by facsimile transmission or electronic mail,
24if the certificate or affidavit required to accompany the ballot is missing.
AB700-engrossed,82,15
19.01
(2) Notice to candidates. When the recount concerns an election for an
2office, the clerk or body with whom the petition is filed shall promptly prepare a copy
3of the petition for delivery to each opposing candidate for the same office whose name
4appears on the ballot. In a recount proceeding for a partisan primary, the clerk or
5body shall prepare a copy of the petition for delivery to each opposing candidate for
6the same party nomination for the same office, to each opposing candidate for the
7party nomination of each other party for the same office and to each independent
8candidate qualifying to have his or her name placed on the ballot for the succeeding
9election.
The A candidate or agent designated by a candidate may personally accept
10delivery of a copy of the petition. Upon such delivery, the clerk or body shall require
11the candidate or agent to sign a receipt therefor. If a candidate or agent does not
12personally accept delivery, the clerk or body shall then promptly deliver the copies
13of the petition to the sheriff, who shall promptly deliver the copies of the petition to
14each candidate at the address given on the candidate's nomination papers, without
15fee, in the manner provided for service of a summons in civil actions.
AB700-engrossed,83,417
9.01
(5) (a) The board of canvassers or the chairperson of the board
or the
18chairperson's designee shall keep complete minutes of all proceedings before the
19board of canvassers or
the chairperson
or designee. The minutes shall include a
20record of objections and offers of evidence. If the board of canvassers or
the 21chairperson
or chairperson's designee receives exhibits from any party, the board of
22canvassers or
the chairperson
or designee shall number and preserve the exhibits.
23The board of canvassers or
the chairperson
or chairperson's designee shall make
24specific findings of fact with respect to any irregularity raised in the petition or
25discovered during the recount. Any member of the board of canvassers or the
1chairperson
or chairperson's designee may administer oaths, certify official acts and
2issue subpoenas for purposes of this section. Witness fees shall be paid by the county.
3In the case of proceedings before the chairperson of the board
or chairperson's
4designee, witness fees shall be paid by the board.
AB700-engrossed,83,166
9.01
(5) (bm) Upon the completion of its proceedings, a board of canvassers
7shall deliver to the board one copy of the minutes of the proceedings kept under par.
8(a). In addition, in the case of a recount of an election for state or national office, for
9each candidate whose name appears on the ballot for that office under the name of
10a political party, the board of canvassers shall deliver one copy of the minutes to the
11chief officer, if any, who is named in any registration statement filed under s. 11.05
12(1) by the state committee of that political party, and in the case of a recount of an
13election for county office, for each candidate whose name appears on the ballot for
14that office under the name of a political party, the board of canvassers shall deliver
15one copy of the minutes to the chief officer, if any, who is named in any registration
16statement filed under s. 11.05 (1) by the county committee of that political party.
AB700-engrossed,84,518
9.01
(5) (c) If the recount is made by a municipal or county board of canvassers
19and the result is required to be reported to a county board of canvassers or to the
20chairperson of the board
or the chairperson's designee, the board of canvassers
21making the initial recount shall immediately certify the results to the county board
22of canvassers or to the chairperson of the board
or designee. If a county board of
23canvassers receives such results, it shall then convene not later than 9 a.m. on the
24next business day following receipt to examine the returns and determine the
25results. If the chairperson of the board
or the chairperson's designee receives such
1results, the chairperson
or designee shall publicly examine the returns and
2determine the results not later than 9 a.m. on the 3rd business day following receipt,
3but if that day is earlier than the latest day permitted for that election under s. 7.70
4(3) (a), the chairperson of the board
or designee may examine the returns and
5determine the results not later than the day specified in s. 7.70 (3) (a).
AB700-engrossed,84,217
9.01
(6) (a) Within 5 business days after completion of the recount
8determination by the board of canvassers in all counties concerned, or within 5
9business days after completion of the recount determination by the chairperson of
10the board
or the chairperson's designee whenever a determination is made by the
11chairperson
or designee, any candidate, or any elector when for a referendum,
12aggrieved by the recount may appeal to circuit court. The appeal shall commence by
13serving a written notice of appeal on the other candidates and persons who filed a
14written notice of appearance before each board of canvassers whose decision is
15appealed, or in the case of a statewide recount, before the chairperson of the board
16or the chairperson's designee. The appellant shall also serve notice on the board if
17the chairperson of the board
or the chairperson's designee is responsible for
18determining the election. The appellant shall serve the notice by certified mail or in
19person. The appellant shall file the notice with the clerk of circuit court together with
20an undertaking and surety in the amount approved by the court, conditioned upon
21the payment of all costs taxed against the appellant.
AB700-engrossed,85,823
9.01
(7) Court procedures; costs. (a) The court with whom an appeal is filed
24shall forthwith issue an order directing each affected county or municipal clerk or
25board to transmit immediately all ballots, papers and records affecting the appeal
1to the clerk of court or to impound and secure such ballots, papers and records, or
2both.
The order shall fix a place and a time for the hearing within 5 days of the order
3either in open court, at chambers or before a referee. The order shall be served upon
4each affected county or municipal clerk or board and all other candidates and persons
5who filed a written notice of appearance before any board of canvassers involved in
6the recount.
A reference may be ordered upon any question. At the assigned time
7and place, the matter shall be summarily heard and determined and costs taxed as
8in other civil actions.
AB700-engrossed,85,249
(b) The appeal shall be heard by a judge without a jury.
Within 10 days after 10Promptly following the filing of an appeal
is filed, the
court shall hold a scheduling
11conference for the purpose of adopting procedures that will permit the court to
12determine the matter as expeditiously as possible. Within the time ordered by the
13court, the appellant shall file a complaint enumerating with specificity every alleged
14irregularity, defect, mistake or fraud committed during the recount. The appellant
15shall file a copy of the complaint with each person who is entitled to receive a copy
16of the order under par. (a).
The Within the time ordered by the court
shall promptly
17require an answer from, the other parties to the appeal
. The court shall hold a
18hearing on the matter within 15 days of the date that the answer is filed shall file
19an answer. Within the time ordered by the court, the parties to the appeal shall
20provide the court with any other information ordered by the court. At the time and
21place ordered by the court, the matter shall be summarily heard and determined and
22costs shall be taxed as in other civil actions. Those provisions of chs. 801 to 806 which
23are inconsistent with a prompt and expeditious hearing do not apply to appeals
24under this section.
AB700-engrossed,86,24
19.01
(8) Scope of review. Unless the court finds a ground for setting aside or
2modifying the determination of the board of canvassers or
the chairperson of the
3board
or chairperson's designee, it shall affirm the determination. The court shall
4separately treat disputed issues of procedure, interpretations of law and findings of
5fact. The court may not receive evidence not offered to the board of canvassers or
the 6chairperson
or chairperson's designee except for evidence that was unavailable to a
7party exercising due diligence at the time of the recount or newly discovered evidence
8that could not with due diligence have been obtained during the recount, and except
9that the court may receive evidence not offered at an earlier time because a party was
10not represented by counsel in all or part of a recount proceeding. A party who fails
11to object or fails to offer evidence of a defect or irregularity during the recount waives
12the right to object or offer evidence before the court except in the case of evidence that
13was unavailable to a party exercising due diligence at the time of the recount or
14newly discovered evidence that could not with due diligence have been obtained
15during the recount or evidence received by the court due to unavailability of counsel
16during the recount. The court shall set aside or modify the determination if it finds
17that the board of canvassers or
the chairperson
or chairperson's designee has
18erroneously interpreted a provision of law and a correct interpretation compels a
19particular action. If the determination depends on any fact found by the board of
20canvassers or
the chairperson
or chairperson's designee, the court may not
21substitute its judgment for that of the board of canvassers or
the chairperson
or
22designee as to the weight of the evidence on any disputed finding of fact. The court
23shall set aside the determination if it finds that the determination depends on any
24finding of fact that is not supported by substantial evidence.
AB700-engrossed,87,2
19.10
(2) (em) 1. The
petition sheet circulator fails to sign the
affidavit 2certification of circulator.
AB700-engrossed,87,65
9.10
(2) (n) No signature may be stricken if the
individual administering the
6affidavit of circulator
does not fails to date the
jurat certification of circulator.
AB700-engrossed,87,98
9.10
(2) (r) 4. Failure of the circulator to sign
an affidavit the certification of
9circulator.
AB700-engrossed,87,2111
10.02
(3) (b) 1. If an elector wishes to vote for all candidates nominated by any
12party, the elector shall make a cross (
7)
in the circle or depress the lever or button
13under next to the party designation
printed shown at the top of the ballot. Unless
14a name has been erased or crossed out, another name written in, a cross made
to the
15right next to the name of a candidate for the same office in another column or a sticker
16applied, a cross
in the circle next to a party designation at the top of the column is
17a vote for all the party's candidates listed in the column. If an elector does not wish
18to vote for all the candidates nominated by one party, the elector shall make a cross
19(
7)
in the square at the right of
next to or separately depress the levers or buttons
20next to each candidate's name for whom he or she intends to vote, or shall insert or
21write in the name of a candidate.