Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,60,15 " Section 93m. 9.01 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,61,20 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions accompanied by the fee prescribed in par. (ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.

SB55-ASA1-AA1, s. 93n Section 93n. 9.01 (1) (ad) of the statutes is created to read:

SB55-ASA1-AA1,61,25 9.01 (1) (ad) Upon receiving a petition for a recount, the clerk or body receiving the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly with the total due or estimate.

SB55-ASA1-AA1, s. 93o Section 93o. 9.01 (1) (ag) 1. of the statutes is amended to read:

SB55-ASA1-AA1,62,8 9.01 (1) (ag) 1. Each petition for a recount shall be accompanied by the fee 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 not more than .5% 0.5% 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.

SB55-ASA1-AA1, s. 93p Section 93p. 9.01 (1) (ag) 1m. of the statutes is created to read:

SB55-ASA1-AA1,62,16 9.01 (1) (ag) 1m. 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 is more than 0.5% but not more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.

SB55-ASA1-AA1, s. 93q Section 93q. 9.01 (1) (ag) 2. of the statutes is amended to read:

SB55-ASA1-AA1,62,24 9.01 (1) (ag) 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% more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for equal to the actual cost of performing the recount in each ward for which the petition requests a ballot recount, or $5 for in each municipality for which the petition request a recount where no wards exist.

SB55-ASA1-AA1, s. 93r Section 93r. 9.01 (1) (ag) 3. of the statutes is amended to read:

SB55-ASA1-AA1,63,4 9.01 (1) (ag) 3. All fees calculated or estimated under par. (ad) shall be prepaid in cash or another form of payment which is acceptable to the officer to whom they are paid. No petition for which a fee is required is valid unless the proper calculated or estimated fee is paid at the time of filing.

SB55-ASA1-AA1, s. 93s Section 93s. 9.01 (1) (ag) 3m. of the statutes is created to read:

SB55-ASA1-AA1,63,11 9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due under subd. 2. within 30 days after the clerk or body receiving the petition provides the petitioner with a written statement of the amount due. If the petitioner has overpaid the fee due under subd. 2. the clerk or body receiving the petition shall refund the amount overpaid within 30 days after the board of canvassers makes its determination in the recount.

SB55-ASA1-AA1, s. 93t Section 93t. 9.01 (1) (ar) 3. of the statutes is amended to read:

SB55-ASA1-AA1,64,3 9.01 (1) (ar) 3. Upon receipt of Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Upon receipt of Whenever the board receives a valid petition by the board and any payment under par. (ag) 3., the board shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day following after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board may permit extension of the time for adjournment. Returns from a recount ordered by the board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board or the chairperson's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.".

SB55-ASA1-AA1,64,4 13. Page 3, line 3: after that line insert:

SB55-ASA1-AA1,64,5 " Section 93e. 8.05 (3) (d) and (e) of the statutes are amended to read:

SB55-ASA1-AA1,64,11 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 authorized under s. 8.065 to be 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 as provided in s. 8.37, the question shall be submitted to a vote.

SB55-ASA1-AA1,64,16 (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 The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

SB55-ASA1-AA1, s. 93m Section 93m. 8.06 of the statutes is amended to read:

SB55-ASA1-AA1,64,21 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

SB55-ASA1-AA1, s. 93s Section 93s. 8.065 of the statutes is created to read:

SB55-ASA1-AA1,64,24 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

SB55-ASA1-AA1,65,8 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held concurrently with the spring primary, spring election, or general election, or on the first Tuesday after the first Monday of November of an odd-numbered year. Unless otherwise required by law or unless authorized under sub. (3), no referendum submitted by the same local governmental unit relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period.

SB55-ASA1-AA1,65,21 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (21), or (22) or on a date other than the first Tuesday after the first Monday in November of an odd-numbered year, the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 4 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (21), or (22) or on a date other than the first Tuesday after the first Monday in November of an odd-numbered year, the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.".

SB55-ASA1-AA1,65,22 14. Page 3, line 3: after that line insert:

SB55-ASA1-AA1,65,23 " Section 87e. 7.37 (4) of the statutes is amended to read:

SB55-ASA1-AA1,66,10 7.37 (4) Balloting procedure. At polling places which utilize paper ballots or electronic voting systems in which ballots are distributed to electors, 2 inspectors shall be assigned to take charge of the official ballots. They shall write their initials on the back of each ballot and deliver to each elector as he or she enters the voting booth one ballot properly endorsed by each of them. Where paper ballots are used, the inspectors shall fold each ballot in the proper manner to be deposited before delivering it to the elector. If asked, inspectors may instruct any elector as to the proper manner of marking or punching the ballot, but they may not give advice, suggestions, express any preferences or make any requests as to the person for whom, the question on which or the ballot on which the elector shall vote.

SB55-ASA1-AA1, s. 87m Section 87m. 7.37 (8) of the statutes is amended to read:

SB55-ASA1-AA1,66,16 7.37 (8) Electronic voting systems. Prior to the opening of the polling place, wherever electronic voting systems employing voting devices are used, the inspectors shall place the voting devices in position for voting and examine them to see that they are in proper working order and that they have the correct ballot labels by comparing them with the sample ballots.

SB55-ASA1-AA1, s. 87s Section 87s. 7.50 (1) (d) and (2) (a), (b) and (d) of the statutes are amended to read:

SB55-ASA1-AA1,67,4 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or punch or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

SB55-ASA1-AA1,67,15 (2) (a) At a general election, if the elector places a mark, symbol or sticker or punches a hole under a party designation at the head of a column in or near the space indicated for that purpose, it is a vote for all the candidates whose names appear in the marked or punched column except as otherwise provided in this paragraph. If a name is stricken, it is not a vote for that candidate. If a name is written in, it is a vote for the write-in candidate. If a sticker is attached it is a vote for the candidate whose name appears on the sticker. If in some other column there is a mark or punch in the square to the right of a specific candidate's name or at the place designated on the ballot for marking or punching a vote for a specific candidate for the same office, it is a vote for that specific candidate and no vote may be counted for the candidate for the same office in the column marked or punched for a straight party vote.

SB55-ASA1-AA1,67,18 (b) A ballot cast without any marks, or stickers or punches may not be counted. A ballot without a mark or punch at the top of a party column may be counted only for persons for whom marks or punches are applicable.

SB55-ASA1-AA1,68,5 (d) If an elector writes a person's name in the proper space for write-in candidates for an office, it is a vote for the person written in for the office indicated, regardless of whether the elector strikes the names appearing in the same column for the same office, or places a mark or punch by the same or any other name for the same office, or omits placing a mark or punch to the right of the name written in. If an elector is permitted to vote for more than one candidate for the same office in an election and casts one or more write-in votes which, when added to the votes cast for candidates whose names appear on the ballot, exceed the number of votes authorized to be cast for the office, the write-in votes shall be counted and the votes for candidates whose names appear on the ballot may not be counted, unless there are more write-in votes than votes authorized to be cast, in which case no votes may be counted for the office.".

SB55-ASA1-AA1,68,6 15. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,68,7 " Section 97n. 13.097 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,68,9 13.097 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 97p Section 97p. 13.097 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,68,16 13.097 (2) (b) If the legislation conveys a lake bed area, the department shall describe the conveyance contained in the legislation. If the legislation amends a prior conveyance of a lake bed area, the department's report shall describe the prior conveyance and how it is amended by this legislation. The report shall include any written comments under sub. (3) and the department's findings under sub. (4) and its conclusions under sub. (6).

SB55-ASA1-AA1, s. 97q Section 97q. 13.097 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,68,23 13.097 (2) (c) Legislation that requires a report by the department under this section shall have that requirement noted on its jacket when the jacket is prepared. When legislation that requires a report under this section receives a jacket to be introduced or offered, the legislative reference bureau shall submit a copy of the legislation to the department and to the department of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 97r Section 97r. 13.097 (3) of the statutes is created to read:

SB55-ASA1-AA1,69,4 13.097 (3) Comments of the department of fish, wildlife, parks, and forestry. The department of fish, wildlife, parks, and forestry may submit to the department of environmental management written comments on legislation specified under sub. (2) within 10 days after the legislation is introduced or offered.".

SB55-ASA1-AA1,69,5 16. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,69,6 " Section 95f. 11.385 of the statutes is created to read:

SB55-ASA1-AA1,69,9 11.385 Use of moneys derived from employment for political purposes. (1) In this section, "employer" includes the state and every local governmental unit, as defined in s. 16.97 (7).

SB55-ASA1-AA1,69,13 (2) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person, with the intention that the increase in salary, or the emolument, or a part of it, be used to make a contribution or disbursement.

SB55-ASA1-AA1,69,18 (3) No employer or labor organization may discriminate against an officer or employee with respect to any term or condition of employment for failing to make a contribution; failing to support or oppose a candidate, proposition, political party, or committee; or supporting or opposing a candidate, proposition, political party, or committee.

SB55-ASA1-AA1,70,2 (4) No employer or other person who is responsible for the disbursement of moneys in payment of wages or salaries may withhold any portion of an employee's wages or salary for the purpose of making a contribution to a committee or for use as a contribution to a committee except upon the written request of the employee. Any such request shall be made on a form prescribed by the board informing the employee of the prohibition under sub. (3). The request is valid for 12 months from the date on which it is made by the employee unless an earlier termination is provided or authorized under the agreement.

SB55-ASA1-AA1,70,10 (5) Each person who withholds moneys under sub. (4) shall maintain open for public inspection for a period of no less than 3 years from the date on which a withholding occurs, during normal business hours, documents and books of accounts which shall include a copy of each employee's request for withholding, the amounts and dates on which moneys are withheld under the request, and the amounts and dates on which moneys are transferred to any committee by the person. Each such person shall deliver or transmit copies of such information to the board upon its request.

SB55-ASA1-AA1, s. 95m Section 95m. 11.386 of the statutes is created to read:

SB55-ASA1-AA1,70,13 11.386 Use of deductions for payments to labor organizations. (1) In this section:

SB55-ASA1-AA1,70,14 (a) "All-union agreement" has the meaning given under s. 111.02 (1).

SB55-ASA1-AA1,70,16 (b) "Fair-share agreement" has the meaning given under s. 111.70 (1) (f) or 111.81 (9).

SB55-ASA1-AA1,70,21 (2) No labor organization may use moneys derived from an all-union agreement or a fair-share agreement that are paid by an individual who is not a member of the organization for the purpose of making a contribution or disbursement, unless authorized by the individual. Any contribution shall be authorized under s. 11.385 (4).".

SB55-ASA1-AA1,70,22 17. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,70,23 " Section 95d. 10.02 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,71,9 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall give state his or her name and address before being permitted to vote and shall present identification as required by law. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.".

SB55-ASA1-AA1,71,10 18. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,71,11 " Section 95f. 11.06 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,71,18 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB55-ASA1-AA1, s. 95m Section 95m. 11.06 (3) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,71,24 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall report on a form prescribed by the board the applicable information concerning that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB55-ASA1-AA1, s. 95r Section 95r. 11.12 (4) of the statutes is amended to read:

SB55-ASA1-AA1,72,5 11.12 (4) Each registrant shall report contributions, disbursements, and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).".

SB55-ASA1-AA1,72,6 19. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,72,7 " Section 94w. 9.20 (4) of the statutes is amended to read:

SB55-ASA1-AA1,72,19 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.".

SB55-ASA1-AA1,72,20 20. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,72,22 " Section 95r. 11.50 (3) (a) 1. of the statutes is renumbered 11.50 (3) (a) 2m. and amended to read:

SB55-ASA1-AA1,73,3 11.50 (3) (a) 2m. If After making any transfer required under subd. 1m., if an election for state superintendent is scheduled in the following year, the state treasurer shall transfer an amount equal to 8% of the fund shall be placed in to a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB55-ASA1-AA1, s. 95s Section 95s. 11.50 (3) (a) 2. of the statutes is renumbered 11.50 (3) (a) 1m. and amended to read:

SB55-ASA1-AA1,73,13 11.50 (3) (a) 1m. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) for candidates for the office of justice to a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer. Any unencumbered balance in the supreme court account after an election for the office of justice is held shall revert to the unallocated corpus of the fund.

SB55-ASA1-AA1, s. 95t Section 95t. 11.50 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,74,2 11.50 (3) (b) If a vacancy occurs in the office of justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) for candidates for the office of justice to the supreme court account. If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall, after making any transfer that is required to be made to the supreme court account, transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 to the superintendency account for the office in which the vacancy occurs, such. The moneys to shall be drawn transferred from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

SB55-ASA1-AA1, s. 95u Section 95u. 11.50 (3) (c) of the statutes is created to read:

SB55-ASA1-AA1,74,6 11.50 (3) (c) If there are insufficient moneys in the fund to make any transfer that is required to be made under par. (a) or (b), the state treasurer shall transfer the balance in the fund to the account to which the transfer is required to be made.".

SB55-ASA1-AA1,74,7 21. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,74,8 " Section 94sm. 10.01 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,74,17 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.

SB55-ASA1-AA1, s. 95m Section 95m. 10.06 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,74,24 10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).

SB55-ASA1-AA1, s. 95ms Section 95ms. 12.13 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,75,3 12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.

SB55-ASA1-AA1, s. 96m Section 96m. 12.13 (3) (e) and (j) of the statutes are amended to read:

SB55-ASA1-AA1,75,10 12.13 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.

SB55-ASA1-AA1,75,17 (j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.".