LRB-0638/4
JTK:kmg:rs
2003 - 2004 LEGISLATURE
January 28, 2003 - Introduced by Senators Ellis, Cowles, Erpenbach, Schultz, A.
Lasee and Hansen, cosponsored by Representatives McCormick, Krawczyk,
Hahn, Seratti, Underheim, Bies, Staskunas and Van Roy. Referred to
Committee on Education, Ethics and Elections.
SB11,2,5
1An Act to repeal 5.05 (5), 15.07 (5) (n), 15.62 (intro.) and (1), 15.62 (3), 19.47 (2),
219.47 (4), 20.510 (1) (bm), 20.521 (intro.), 20.521 (1) (title), 20.521 (1) (a), 20.521
3(1) (g), 20.521 (1) (i), 20.923 (4) (d) 3. and 230.08 (2) (wm);
to renumber and
4amend 15.61, 15.62 (2) and 20.521 (1) (h);
to amend 5.02 (1s), 5.05 (title), 5.05
5(1) (intro.), 5.05 (1) (b), 5.40 (7), 5.62 (4) (b), 7.08 (title), 7.31 (5), 7.60 (4) (a), 7.60
6(5), 7.70 (1), 7.70 (5) (b), 8.05 (1) (j), 8.10 (5), 8.15 (4) (b), 8.18 (2), 8.20 (6), 8.50
7(3) (a), 8.50 (3) (e), 9.01 (1) (a), 9.01 (1) (ar) 2., 9.01 (10), 11.21 (title), 11.21 (7)
8(intro.), 13.123 (3) (b) 2., 13.23, 13.62 (4), 13.685 (title), 13.94 (1) (k), 14.58 (20),
915.07 (1) (a) 2., 15.07 (4), 15.07 (5) (k), 15.61 (title), 16.79 (2), 16.96 (3) (b), 17.17
10(1), 17.17 (4), 19.42 (3), 19.42 (10) (a), 19.43 (4), 19.43 (5), 19.45 (6), 19.46 (2),
1119.47 (5), 19.50 (2), 19.54 (2), 19.55 (1), 19.55 (2) (a) to (c), 19.59 (1) (g) 8., 19.85
12(1) (h), 20.510 (intro.), 20.510 (1) (a), 20.510 (1) (h), 20.510 (1) (i), 20.923 (4) (d)
134., 22.07 (6), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 71.10 (3) (b), 73.0301 (1)
14(d) 13., 73.0301 (1) (e), 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1)
1(b) 10., 165.25 (1), 198.08 (10), 200.09 (11) (am) 3., 227.03 (6), 227.52 (6), 230.08
2(2) (om), 230.08 (4) (a), 234.02 (3m) (c), 560.04 (2m), 778.135 and 778.136; and
3to create 5.05 (1m), 5.05 (2m), 14.11 (2) (am), 15.613, 19.42 (13) (p) and 230.08
4(2) (e) 4c. of the statutes;
relating to: creation of an Ethics and Elections
5Accountability and Control Board and making appropriations.
Analysis by the Legislative Reference Bureau
Currently, the Elections Board consists of nine members. The governor
appoints all of the members of the Elections Board, without confirmation by the
senate, to serve for two-year terms as follows: one member is selected by the
governor and one member each is designated by the chief justice of the Supreme
Court, the speaker of the assembly, the senate majority leader, the minority leader
in each house of the legislature, and the chief officer of each political party qualifying
for a separate ballot at the September primary whose candidate for governor at the
most recent gubernatorial election received at least 10% of the vote (currently, the
Republican, Democratic, and Libertarian parties).
Currently, the Ethics Board consists of six members. Members of the board are
nominated by the governor, and with the advice and consent of the senate, appointed
to serve for staggered six-year terms. All members must be U.S. citizens and
residents of this state, and no member may hold any other office or employment in
the government of this state or any political subdivision thereof or in any state
department. In addition, no member, for one year immediately prior to the date of
appointment, may have been, and no member, while serving on the board, may
become, a member of a political party, an officer or member of a committee in any
partisan political club or organization, or a candidate for any partisan office.
This bill abolishes both boards and replaces them with an Ethics and Elections
Accountability and Control Board. Under the bill, the board is composed of nine
members serving for staggered four-year terms. The bill provides for the Supreme
Court to appoint eight of the members, which must include one member residing in
each congressional district in this state. These members then appoint the ninth
member. Under the bill, none of the appointments is subject to senate confirmation.
No member, for one year immediately prior to the date of appointment, may have
been, and no member while serving on the board may become, a member of a political
party, an officer or member of a committee in any partisan political club or
organization, or a candidate for any partisan office.
The bill creates three divisions within the Ethics and Elections Accountability
Board: an Elections Division, an Ethics Division, and an Enforcement Division.
The Elections Division assumes the administrative responsibilities of the
Elections Board, the Ethics Division assumes the administrative responsibilities of
the Ethics Board, and the Enforcement Division is empowered to investigate
violations and bring civil and criminal actions to enforce the elections, ethics, and
lobbying regulation laws. Under current law, the Elections and Ethics boards share
civil enforcement authority with district attorneys and in some cases with the
attorney general; and the district attorneys, and in some cases the attorney general,
exercise criminal enforcement authority.
The bill requires that the Enforcement Division include a full-time special
prosecutor who has independent authority to investigate and prosecute violations of
the elections, ethics, and lobbying regulation laws the without consent of the Ethics
and Elections Accountability and Control Board.
Currently, the Elections and Ethics boards have sum certain appropriations
derived from state general purpose revenue. In addition, both boards finance some
of their operations with program revenue. This bill provides for the general purpose
revenue portion of the budget of the Ethics and Elections Accountability and Control
Board to be funded with a sum sufficient appropriation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB11, s. 1
1Section
1. 5.02 (1s) of the statutes is amended to read:
SB11,3,32
5.02
(1s) "Board" means the
ethics and elections
accountability and control 3board.
SB11, s. 2
4Section
2. 5.05 (title) of the statutes is amended to read:
SB11,3,6
55.05 (title)
Elections board
Ethics and elections accountability and
6control board; powers and duties.
SB11, s. 3
7Section
3. 5.05 (1) (intro.) of the statutes is amended to read:
SB11,3,118
5.05
(1) General authority. (intro.) The
ethics and elections
accountability
9and control board shall have the responsibility for the administration of chs. 5 to 12
10and other laws relating to elections and election campaigns. Pursuant to such
11responsibility, the board may:
SB11, s. 4
12Section
4. 5.05 (1) (b) of the statutes is amended to read:
SB11,4,14
15.05
(1) (b) In the discharge of its duties and upon notice to the party or parties
2being investigated, subpoena and bring before it any person in the state and require
3the production of any papers, books
, or other records relevant to an investigation.
4A circuit court may by order permit the inspection
, and copying of the accounts and
5the depositor's and loan records at any financial institution
, as defined in s. 705.01
6(3)
, doing business in the state to obtain evidence of any violation of ch. 11 upon
7showing by the board of probable cause to believe there is a violation and that such
8accounts and records may have a substantial relation to the violation. In the
9discharge of its duties, the board may cause the deposition of witnesses to be taken
10in the manner prescribed for taking depositions in civil actions in circuit court.
The
11board shall delegate to the special prosecutor under sub. (2m) (e) the power to issue
12subpoenas and to obtain search warrants under this paragraph on behalf of the
13board. The delegation is supplemental to the board's exercise of direct authority
14under this paragraph.
SB11, s. 5
15Section
5. 5.05 (1m) of the statutes is created to read:
SB11,4,1916
5.05
(1m) Appointment of 9th board member. Prior to May 1 in each year in
17which the term of the member of the board who is appointed by the other board
18members expires, the board shall appoint a qualified person to serve for the ensuing
19term of office.
SB11, s. 6
20Section
6. 5.05 (2m) of the statutes is created to read:
SB11,4,2321
5.05
(2m) Divisions. (a) The elections division shall carry out the board's
22responsibilities with respect to the administration of chs. 5 to 12 and other laws
23relating to elections or election campaigns.
SB11,4,2524
(b) The ethics division shall carry out the board's responsibilities with respect
25to administration of subch. III of ch. 13 and subch. III of ch. 19.
SB11,5,6
1(c) The enforcement division shall investigate and prosecute alleged violations
2of laws administered by the board pursuant to all statutes granting or assigning that
3authority or responsibility to the board. The enforcement division shall prosecute
4civil and criminal actions brought by the board and shall assist the district attorneys
5and the attorney general in prosecuting criminal actions referred to them by the
6board.
SB11,5,107
(d) The administrator of the elections division or the ethics division may refer
8any matter to the enforcement division for investigation. Any person may file a
9verified complaint with the enforcement division alleging a violation of chs. 5 to 12,
10subch. III of ch. 13, or subch. III of ch. 19.
SB11,5,1611
(e)
The board shall employ a full-time special prosecutor within the
12enforcement division. The prosecutor may, with or without approval of the board,
13investigate or prosecute any civil or criminal violation of chs. 5 to 12, subch. III of ch.
1413, subch. III of ch. 19, or s. 946.12 in the name of the board. The jurisdiction of the
15special prosecutor is concurrent with the jurisdiction of the board, the district
16attorneys, and the attorney general to conduct investigations and enforce these laws.
SB11, s. 7
17Section
7. 5.05 (5) of the statutes is repealed.
SB11, s. 8
18Section
8. 5.40 (7) of the statutes is amended to read:
SB11,5,2519
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
20electronic voting system, or adopts and purchases a different type of voting machine
21or electronic voting system from the type it was previously using, the municipal clerk
22or executive director of the municipal board of election commissioners shall promptly
23notify the county clerk or executive director of the county board of election
24commissioners and the executive director of the
ethics and elections
accountability
25and control board in writing.
SB11, s. 9
1Section
9. 5.62 (4) (b) of the statutes is amended to read:
SB11,6,62
5.62
(4) (b) The county board of election commissioners in counties having a
3population of more than 500,000 shall prepare the official primary ballot. The
4commissioners shall arrange the names of all candidates for each office whose
5nomination papers are filed at the county level, using the same method as that used
6by the
ethics and elections
accountability and control board under s. 5.60 (1) (b).
SB11, s. 10
7Section
10. 7.08 (title) of the statutes is amended to read:
SB11,6,9
87.08 (title)
Elections Ethics and elections accountability and control
9board.
SB11, s. 11
10Section
11. 7.31 (5) of the statutes is amended to read:
SB11,6,1511
7.31
(5) The board shall conduct regular training and administer examinations
12to ensure that individuals who are certified by the board under this section are
13knowledgeable concerning their authority and responsibilities. The board shall pay
14all costs required to conduct the training and to administer the examinations from
15the appropriation under s. 20.510 (1)
(bm) (a).
SB11, s. 12
16Section
12. 7.60 (4) (a) of the statutes is amended to read:
SB11,7,1117
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
18showing the numbers of votes cast for the offices of president and vice president; state
19officials; U.S. senators and representatives in congress; state legislators; justice;
20court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
21commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
22municipal judge elected under s. 755.01 (4) serves a municipality that is located
23partially within the county and candidates for that judgeship file nomination papers
24in another county, the board of canvassers shall prepare a duplicate statement
25showing the numbers of votes cast for that judgeship in that county for transmittal
1to the other county. For partisan candidates, the statements shall include the
2political party or principle designation, if any, next to the name of each candidate.
3The board of canvassers shall also prepare a statement showing the results of any
4county, technical college district
, or statewide referendum. Each statement shall
5state the total number of votes cast in the county for each office; the names of all
6persons for whom the votes were cast, as returned; the number of votes cast for each
7person; and the number of votes cast for and against any question submitted at a
8referendum. The board of canvassers shall use one copy of each duplicate statement
9to report to the
ethics and elections
accountability and control board, technical
10college district board
, or board of canvassers of any other county and shall file the
11other statement in the office of the county clerk or board of election commissioners.
SB11, s. 13
12Section
13. 7.60 (5) of the statutes is amended to read:
SB11,8,513
7.60
(5) Reporting. (a) Immediately following the canvass, the county clerk
14shall deliver or send to the
ethics and elections
accountability and control board, by
151st class mail, a certified copy of each statement of the county board of canvassers
16for president and vice president, state officials, senators and representatives in
17congress, state legislators, justice, court of appeals judge, circuit judge, district
18attorney, and metropolitan sewerage commissioners, if the commissioners are
19elected under s. 200.09 (11) (am). The statement shall record the returns for each
20office or referendum by ward, unless combined returns are authorized under s. 5.15
21(6) (b) in which case the statement shall record the returns for each group of
22combined wards. Following primaries the county clerk shall enclose on forms
23prescribed by the
ethics and elections
accountability and control board the names,
24party or principle designation, if any, and number of votes received by each candidate
25recorded in the same manner. The county clerk shall deliver or transmit the certified
1statement to the
ethics and elections
accountability and control board no later than
27 days after each primary and no later than 10 days after any other election. The
3board of canvassers shall deliver or transmit a certified copy of each statement for
4any technical college district referendum to the secretary of the technical college
5district board.
SB11,8,176
(b) If the board of canvassers becomes aware of a material mistake in the
7canvass of an election for state or national office or a statewide or technical college
8district referendum prior to the close of business on the day the
ethics and elections
9accountability and control board receives returns from the last county board of
10canvassers with respect to that canvass, the board of canvassers may petition the
11ethics and elections
accountability and control board to reopen and correct the
12canvass. The
ethics and elections
accountability and control board shall direct the
13canvass to be reopened and corrected if it determines that the public interest so
14requires. If the
ethics and elections
accountability and control board directs the
15canvass to be reopened, the board of canvassers shall reconvene and transmit a
16certified corrected copy of the canvass statement to the
ethics and elections
17accountability and control board or secretary of the technical college district board.
SB11, s. 14
18Section
14. 7.70 (1) of the statutes is amended to read:
SB11,8,2119
7.70
(1) Recording and preserving returns. (a) Upon receipt of the certified
20statements from the county clerks, the
elections board shall record the election
21results by counties and file and carefully preserve the statements.
SB11,9,222
(b) If any county clerk fails or neglects to forward any statements, the
elections 23board may require the clerk to do so immediately and if not received by the 8th day
24after a primary, or by the 11th day after any other election, the
elections board may
25dispatch a special messenger to obtain them. Whenever it appears upon the face of
1any statement that an error has been made in reporting or computing, the
elections 2board may return it to the county clerk for correction.
SB11, s. 15
3Section
15. 7.70 (5) (b) of the statutes is amended to read:
SB11,9,104
7.70
(5) (b) For presidential electors, the
elections board shall prepare a
5certificate showing the determination of the results of the canvass and the names of
6the persons elected, and the governor shall sign, affix the great seal of the state
, and
7transmit the certificate by registered mail to the U.S. administrator of general
8services. The governor shall also prepare 6 duplicate originals of such certificate and
9deliver them to one of the presidential electors on or before the first Monday after the
102nd Wednesday in December.
SB11, s. 16
11Section
16. 8.05 (1) (j) of the statutes is amended to read:
SB11,9,2512
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
13name is certified as a nominee under par. (h) of his or her nomination. If a municipal
14judge is elected under s. 755.01 (4), the county clerk of the county having the largest
15portion of the population in the jurisdiction served by the judge shall make the
16notification. Upon receipt of the notice, each candidate shall file a declaration of
17candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
18notification no later than 5 p.m. on the 5th day after the notification is mailed or
19personally delivered to the candidate by the municipal clerk, except as authorized
20in this paragraph. If an incumbent whose name is certified as a nominee fails to file
21a declaration of candidacy within the time prescribed by this paragraph, each
22certified candidate for the office held by the incumbent, other than the incumbent,
23may file a declaration of candidacy no later than 72 hours after the latest time
24prescribed in this paragraph. If the candidate has not filed a registration statement
25under s. 11.05 at the time of the notification, the candidate shall file the statement
1with the declaration. A candidate for municipal judge shall also file a statement of
2economic interests with the
ethics board under s. 19.43 (4) no later than 4:30 p.m.
3on the 5th day after notification of nomination is mailed or personally delivered to
4the candidate, or no later than 4:30 p.m. on the next business day after the last day
5for filing a declaration of candidacy whenever that candidate is granted an extension
6of time for filing a declaration of candidacy under this paragraph. Upon receipt of
7the declaration of candidacy and registration statement of each qualified candidate,
8and upon filing of a statement of economic interests by each candidate for municipal
9judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01
10(4), shall place the name of the candidate on the ballot. No later than the end of the
113rd day following qualification by all candidates, the municipal clerk, or the county
12clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the
13arrangement of candidates' names on the spring election ballot.
SB11, s. 17
14Section
17. 8.10 (5) of the statutes is amended to read:
SB11,10,2315
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
16under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
17the time he or she files nomination papers, the candidate shall file the statement
18with the papers. A candidate for state office or municipal judge shall also file a
19statement of economic interests with the
ethics board under s. 19.43 (4) no later than
204:30 p.m. on the 3rd day following the last day for filing nomination papers under
21sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day
22whenever that candidate is granted an extension of time for filing nomination papers
23under sub. (2) (a).
SB11, s. 18
24Section
18. 8.15 (4) (b) of the statutes is amended to read:
SB11,11,9
18.15
(4) (b) Nomination papers shall be accompanied by a declaration of
2candidacy under s. 8.21. If a candidate for state or local office has not filed a
3registration statement under s. 11.05 at the time he or she files nomination papers,
4the candidate shall file the statement with the papers. A candidate for state office
5shall also file a statement of economic interests with the
ethics board under s. 19.43
6(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
7papers under sub. (1), or no later than 4:30 p.m. on the next business day after the
8last day whenever that candidate is granted an extension of time for filing
9nomination papers under sub. (1).
SB11, s. 19
10Section
19. 8.18 (2) of the statutes is amended to read:
SB11,11,1411
8.18
(2) The purpose of the convention is to nominate one presidential elector
12from each congressional district and 2 electors from the state at large. The names
13of the nominees shall be certified immediately by the chairperson of the state
14committee of each party to the chairperson of the
elections board.
SB11, s. 20
15Section
20. 8.20 (6) of the statutes is amended to read:
SB11,11,2416
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
17under s. 8.21. If a candidate for state or local office has not filed a registration
18statement under s. 11.05 at the time he or she files nomination papers, the candidate
19shall file the statement with the papers. A candidate for state office shall also file
20a statement of economic interests with the
ethics board under s. 19.43 (4) no later
21than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
22under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
23day whenever that candidate is granted an extension of time for filing nomination
24papers under sub. (8) (a).
SB11, s. 21
25Section
21. 8.50 (3) (a) of the statutes is amended to read: