AB700: Bill Text Engrossed

Under current law, municipalities may enter into an agreement to establish a joint municipal court. In such cases, candidates for municipal judge file nomination papers with the elections board and their elections are certified by the board of state canvassers.

This bill requires those candidates to file nomination papers with the county clerk or board of election commissioners of the county having the largest population in the jurisdiction served by the judge and their elections to be certified by the board of canvassers of that county.

Consolidated ballots

Under current law, if a municipality utilizes paper ballots at an election, it must provide separate ballots for certain offices or combinations of offices specified by law and separate ballots for referenda. The ballots are then distributed only to those groups of electors who are eligible to vote in the elections to which they pertain.

This bill authorizes a municipality, with the consent of the county clerk or board of election commissioners of each county in which there is located any portion of the municipality, to substitute for paper ballots a single consolidated paper ballot or a ballot that is prepared for utilization with an electronic voting system. With the consolidated ballot, all of the offices and referenda appear on the same ballot. The bill provides that a consolidated paper ballot or ballot that is prepared to be used with an electronic voting system may be distributed only to electors who are eligible to vote for all of the offices and in all of the referenda appearing on the ballot.

Filing of referendum questions

Generally, under current law, notice of referenda questions that will appear on an election ballot must be published by the appropriate county or municipal clerk or other appropriate election official or agency prior to the election at which they will appear. However, the statutes do not provide a specific time by which the questions must be provided to the official or agency.

This bill requires that, unless otherwise required by current law, all referenda questions that will appear on an election ballot, and all petitions seeking to have questions submitted to a vote of the people, be submitted to the official or agency responsible for the preparation of the ballots no later than six weeks prior to the election at which the questions will appear. If, under current law, a referendum may be held sooner than six weeks after the filing of a petition or the passage of a resolution calling for that referendum, this bill extends the time period before which the referendum may be held to not less than six weeks.

Ballot design requirements

Current law sets forth numerous, specific ballot design requirements for use in elections, including spring primary ballots, spring election ballots, September primary ballots, general election ballots and special referenda ballots.

This bill deletes these specific requirements. Instead, the bill requires that, unless otherwise provided by the statutes, all ballots conform with the ballot forms prescribed by the state elections board.

Appeal of recount determinations to circuit court

Current law permits certain individuals to appeal a recount determination to circuit court. Under current law, within ten days after an appeal is filed, the appellant must file a complaint specifying each alleged defect with the recount. All other parties to the appeal must file an answer within the time ordered by the court. Currently, whenever an appeal is filed, the court must hold a hearing. However, there is a conflict in current law concerning the period during which this hearing must be held. One provision requires the hearing to be held within five days after the date that the court orders the municipal clerks to transfer the relevant election materials to the court and another provision requires the hearing to be held within 15 days after the filing of an answer to the appeal.

This bill eliminates this conflict in current law and changes the procedure for appealing a recount determination. Under the bill, the court must hold a scheduling conference promptly after an appeal is filed. At the scheduling conference, the court must adopt procedures that will permit the court to determine the appeal as expeditiously as possible. The complaint, all answers and any other information required by the court must be filed within the time ordered by the court. Under the bill, the hearing on the appeal must be held at the time and place ordered by the court.

Delivery of recount documents

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

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

Minutes of recount proceedings

Under current law, a board of canvassers must keep complete minutes of all of its recount proceedings.

This bill requires a board of canvassers to provide one copy of those minutes to the state elections board and, in the case of a political party candidate for a state or national office, to the chief officer of the state committee of that party or, in the case of a political party candidate for county office, to the chief officer of the county committee of that party.

Payment of polling place rental charges

Currently, if a municipality establishes a polling place at a location where a fee is charged, the municipality must pay the charge, except at certain special elections called by school districts.

This bill provides that the municipality pays the charge at all regular primaries and elections, but, if another local governmental unit calls a special election that is not held concurrently with a regular election, that governmental unit pays the charge for the use of that polling place at that special election.

Dates for publication of certain notices

Currently, each county clerk must publish a notice of all national and state offices to be voted on at the September primary and general election. Similarly, each school district clerk must publish a notice of any upcoming school district election. Under current law, each of these notices may be published after the first day for circulating nomination papers for the applicable election and office.

This bill requires each of these notices to be published before the first day for circulating nomination papers.

Appointment of special voting deputies

Under current law, the municipal clerk or board of election commissioners of a municipality may follow certain procedures to facilitate absentee voting in certain community-based residential facilities, retirement homes and nursing homes. Currently, under these procedures, the municipal clerk or the board of election commissioners must appoint special voting deputies to visit certain of these facilities and homes to supervise absentee voting by the occupants. In municipalities other than cities over 500,000 population, current law conflicts as to whether these appointments are made by the municipal clerk, or by the municipal governing body from nominations submitted by party committeemen or committeewomen.

This bill provides that in these municipalities, special voting deputies are appointed solely by the municipal clerk, without nominations.

Composition of county boards of canvassers

Under current law, the county board of canvassers is composed of the county clerk and two qualified electors of the county appointed by the clerk. If the county clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate for an office to be canvassed by the board, the county executive or the chairperson of the county board of supervisors, if there is no executive, must designate another qualified elector of the county to perform the clerk's duties. Also under current law, every county clerk is required to appoint one or more deputies.

This bill provides that, if a county clerk's office is vacant, 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 his or her duties. Under the bill, if the county clerk and the designated deputy clerk are both unable to perform their duties, the county executive or chairperson of the county board of supervisors designates another qualified elector to serve, as currently provided.

Temporary vacancies on certain boards of canvassers

Current law requires election results to be canvassed and recounts to be conducted by a board of canvassers. Depending upon the type and location of a particular election, the applicable board of canvassers may be a municipal board of canvassers, school district board of canvassers or county board of canvassers. In addition, in cities and counties of more than 500,000 population (currently, only the city of Milwaukee and Milwaukee County), the municipal board of election commissioners and county board of election commissioners, respectively, serve as the boards of canvassers. With limited exceptions, current law requires the municipal clerk to appoint a member to fill any temporary vacancy on a municipal board of canvassers. Similarly, the county clerk must appoint a member to serve if a member other than the clerk cannot serve on a county board of canvassers. Furthermore, in cities having a population of more than 500,000, current law requires the executive director of the municipal board of election commissioners to serve as a member of the board of canvassers to fill any temporary vacancy. Current law does not specify a procedure for filling a vacancy on a county board of canvassers in counties of more than 500,000 or on a school district board of canvassers.

This bill requires the executive director of a county board of election commissioners to serve as a member of the county board of canvassers to fill any temporary vacancy. In addition, the bill requires the school district clerk to appoint a member to fill any temporary vacancy on the school district board of canvassers.

IV. Campaign financing

Enforcement of campaign finance law by Milwaukee County board of election commissioners

Under current law, the state elections board is authorized to investigate, subpoena records and commence and settle civil actions requiring the payment of civil forfeitures for violations of the campaign finance law.

This bill grants the same authority to the county board of election commissioners, which must be established in any county with a population of more than 500,000 (currently, only Milwaukee County), with respect to campaign finance reports and statements for county offices and referenda.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB700-engrossed, s. 1 Section 1. 5.01 (4) (a) of the statutes is amended to read:

AB700-engrossed,12,2 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board or the chairperson's designee.

AB700-engrossed, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

AB700-engrossed,12,12 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB700-engrossed, s. 3 Section 3. 5.15 (6) (b) of the statutes is amended to read:

AB700-engrossed,13,11 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000 , or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

AB700-engrossed, s. 4 Section 4. 5.25 (1) of the statutes is amended to read:

AB700-engrossed,13,18 5.25 (1) All elections under chs. 5 to 12 shall be held at the polling places provided in this section. So far as practicable, the The places chosen shall be public buildings, unless the use of a public building for this purpose is impracticable or the use of a nonpublic building better serves the needs of the electorate, as determined by the authority charged with the responsibility for establishing polling places under sub. (2).

AB700-engrossed, s. 5 Section 5. 5.25 (4) (b) of the statutes is repealed.

AB700-engrossed, s. 6 Section 6. 5.25 (4) (d) of the statutes is created to read:

AB700-engrossed,13,25 5.25 (4) (d) No later than June 30 of each odd-numbered year, the board shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the board shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

AB700-engrossed, s. 7 Section 7. 5.35 (4) of the statutes is amended to read:

AB700-engrossed,14,8 5.35 (4) Layout; organization. All voting booths and machines shall be placed apart from other activities in the polling place, with their exteriors in full view of the election officials. Only the proper election officials, observers persons observing the proceedings under s. 7.41, persons assisting voters under s. 6.82 (2) and electors receiving, preparing or depositing their ballots or casting their votes on the machines are permitted in the voting area. Except where assistance is authorized, only one elector at a time is permitted in a voting booth or machine.

AB700-engrossed, s. 8 Section 8. 5.35 (6) (a) 4. of the statutes is repealed.

AB700-engrossed, s. 9 Section 9. 5.35 (6) (b) of the statutes is amended to read:

AB700-engrossed,14,22 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark or punch votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB700-engrossed, s. 10 Section 10. 5.37 (3) of the statutes is amended to read:

AB700-engrossed,15,2 5.37 (3) For presidential electors one device shall be provided to vote for all of one party's electoral candidates at the same time. The device shall be opposite or adjacent to the ballot containing the names of the party's candidates for president and vice president.

AB700-engrossed, s. 11 Section 11. 5.51 (8) of the statutes is created to read:

AB700-engrossed,15,5 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the board under s. 7.08 (1) (a).

AB700-engrossed, s. 12 Section 12. 5.53 (2) of the statutes is amended to read:

AB700-engrossed,15,10 5.53 (2) Where the provisions require separate ballots are provided for, the names or questions shall be placed in separate columns or rows upon the machines so they are voted on separately, except as otherwise provided for referenda under s. 5.64 (2) (c).

AB700-engrossed, s. 13 Section 13. 5.55 (intro.) of the statutes is renumbered 5.55 and amended to read:

AB700-engrossed,15,24 5.55 Ballot identification. On every ballot, except a ballot label or voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot. When a ballot card is employed with an electronic voting system, the date of the election may be printed or stamped on the back of the ballot card in such a manner that the card is not reusable, at the option of the county clerk. Each ballot shall be prepared in substantially the following form:

AB700-engrossed, s. 14 Section 14. 5.55 (form) of the statutes is repealed.

AB700-engrossed, s. 15 Section 15. 5.58 (intro.) of the statutes is amended to read:

AB700-engrossed,16,7 5.58 Spring primary ballots. (intro.) At spring primary elections the following ballots, when necessary, shall be provided for each ward , except as authorized in s. 5.655. Only nonpartisan candidates nominated for office by nomination papers shall have their names placed on the official spring primary ballot under the proper office designation, but the ballots shall allow room for write-in candidates.

AB700-engrossed, s. 16 Section 16. 5.58 (1) (intro.) of the statutes is amended to read:

AB700-engrossed,16,10 5.58 (1) Municipal; county supervisor ballots. (intro.) There shall be separate ballots for municipal and county primaries, except as authorized in s. 5.655.

AB700-engrossed, s. 17 Section 17. 5.58 (1c) of the statutes is amended to read:

AB700-engrossed,16,17 5.58 (1c) Municipal judge. There shall be a separate ballot for municipal judges if they are elected under s. 755.01 (4), except as authorized in s. 5.655. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be entitled "Official Primary Ballot for Municipal Judge" county clerk or the executive director of the county board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

AB700-engrossed, s. 18 Section 18. 5.58 (1g) (a) of the statutes is amended to read:

AB700-engrossed,16,20 5.58 (1g) (a) There shall be a separate ballot for school district officers when so required, except as authorized in s. 5.655.

AB700-engrossed, s. 19 Section 19. 5.58 (1g) (b) of the statutes is amended to read:

AB700-engrossed,17,2 5.58 (1g) (b) In 1st class cities, the names of the candidates for the seat of the member elected at-large to the board of school directors shall be placed on the official city primary ballot and, except as authorized in s. 5.655, there shall be a separate ballot giving the names of the candidates for any seat to be filled on the board of school directors from any election district. All names of candidates for the at-large seat shall be placed in one or more separate columns or rows on the ballot.