Amendment ASA1-AB1188

AB1188-ASA1,10,13 3. The district attorney for any county may refer any matter concerning a possible civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 to the board. If the board determines not to commence a criminal prosecution with respect to a matter concerning an alleged criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 by an elective state official, as defined in s. 13.62 (6), or a state public official, as defined in s. 19.42 (14), that is referred to the board under this subdivision, the board shall, within 30 days of receipt of the referral, report to the district attorney in writing specifying the reasons why it has determined not to commence a criminal prosecution.

AB1188-ASA1,10,21 4. If a district attorney opens an investigation of a possible criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney shall report to the board concerning the status of the investigation no later than the end of each consecutive 90-day period, beginning on the day that the investigation is opened and ending on the day that the investigation is concluded. Within 30 days after receiving a report under this subdivision, the board may direct the district attorney to close the investigation and the district attorney shall thereupon close the investigation.

AB1188-ASA1,11,4 5. Prior to commencing any criminal prosecution with respect to an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a district attorney shall provide written notice to the board. If the board notifies the district attorney in writing that it will not commence a criminal prosecution with respect to that alleged violation or the board fails to commence a criminal prosecution with respect to that alleged violation within 30 days after receiving notice from the district attorney under this subdivision, the district attorney may commence a criminal prosecution with respect to that alleged violation.

AB1188-ASA1,11,12 6. If a district attorney commences a criminal prosecution for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney shall report to the board concerning the status of the prosecution no later than the end of each consecutive 180-day period, beginning on the day that the prosecution is commenced and ending on the day that the prosecution is concluded. Within 30 days after receiving a report under this subdivision, the board may direct the district attorney to terminate the prosecution and the district attorney shall thereupon terminate the prosecution.

AB1188-ASA1,11,17 7. If the board directs a district attorney to close an investigation of a person under subd. 4. or to terminate a prosecution of a person under subd. 6. with respect to an alleged violation of the law, the district attorney shall not open a new criminal investigation or commence a new criminal prosecution of the same person with respect to the same alleged violations of the law.

AB1188-ASA1,11,24 8. Each individual who is retained by the board to act as an investigator shall make periodic reports to the board, as directed by the board, but in no case may the interval for reporting exceed 90 days. If the administrator of the enforcement division investigates any matter without retention of an investigator, the administrator shall make periodic reports to the board, as directed by the board, but in no case may the reporting interval exceed 90 days. If, after receiving a report, the board does not vote to terminate the investigation, the investigation is continued.

AB1188-ASA1,12,5 9. Upon employment of any individual to serve as special counsel for the enforcement division, the administrator of the enforcement division shall certify the maximum amount provided in the employment contract to the secretary of administration, and direct the department of administration to pay special counsel bills related to that case within the certified amount.

AB1188-ASA1,12,10 (e) The enforcement division is bound by applicable laws, rules, formal opinions, and actions of the board, except that the division may nonacquiesce in any formal opinion of the board by publishing a notice of nonacquiescence in the Wisconsin Administrative Register. Thereafter, the division is not bound by the formal opinion in which the division nonacquiesces.

AB1188-ASA1, s. 9 Section 9. 5.05 (3) (a) of the statutes is amended to read:

AB1188-ASA1,12,16 5.05 (3) (a) The board shall upon complaint by any person or on its own motion investigate violations of the elections laws and shall notify the district attorney of the proper county, or the attorney general or the governor where appropriate under s. 11.60 (4) or 11.61 (2) of any facts within its knowledge or evidence in its possession which may be grounds for civil action or criminal prosecution.

AB1188-ASA1, s. 10 Section 10. 5.05 (3m) of the statutes is created to read:

AB1188-ASA1,12,19 5.05 (3m) Chief election officer. The board shall designate an employee of the board to serve as the chief election officer of this state.

AB1188-ASA1, s. 11 Section 11. 5.05 (5) of the statutes is repealed.

AB1188-ASA1, s. 12 Section 12. 5.05 (5s) (title) and (d) of the statutes are created to read:

AB1188-ASA1,12,22 5.05 (5s) (title) Access to records.

AB1188-ASA1,12,24 (d) All records of votes taken upon actions by the board are open to public inspection and copying under s. 19.35.

AB1188-ASA1, s. 13 Section 13. 5.05 (6) of the statutes is repealed.

AB1188-ASA1, s. 14 Section 14. 5.05 (11) of the statutes is repealed.

AB1188-ASA1, s. 15 Section 15. 5.052 of the statutes is created to read:

AB1188-ASA1,13,6 5.052 Government accountability candidate committee. (1) The government accountability candidate committee shall organize whenever a vacancy occurs in the membership of the board that requires a nomination to be submitted to the governor under s. 15.60 (2).

AB1188-ASA1,13,8 (2) No person may be nominated by the committee unless the person receives the unanimous approval of the committee.

AB1188-ASA1,13,10 (3) Except as provided in sub. (4), the committee shall submit the following number of nominations:

AB1188-ASA1,13,11 (a) To fill one vacancy, 2 nominations.

AB1188-ASA1,13,12 (b) To fill 2 vacancies, 3 nominations.

AB1188-ASA1,13,13 (c) To fill 3 vacancies, 5 nominations.

AB1188-ASA1,13,14 (d) To fill 4 vacancies, 6 nominations.

AB1188-ASA1,13,15 (e) To fill 5 vacancies, 7 nominations.

AB1188-ASA1,13,16 (f) To fill 6 vacancies, 8 nominations.

AB1188-ASA1,13,18 (4) If a nomination of the governor is rejected by the senate or the assembly, the committee shall submit an additional nominee to the governor.

AB1188-ASA1, s. 16 Section 16. 5.054 of the statutes is created to read:

AB1188-ASA1,13,21 5.054 Duties of the executive director. The executive director of the board shall:

AB1188-ASA1,13,23 (1) Whenever a vacancy occurs on the board, call a meeting of the government accountability candidate committee.

AB1188-ASA1,13,25 (2) Assist the government accountability candidate committee in the performance of its functions.

AB1188-ASA1, s. 17 Section 17. 5.066 of the statutes is created to read:

AB1188-ASA1,14,2 5.066 Complaints and decision-making procedure. (1) In this section:

AB1188-ASA1,14,3 (a) "Division" means the enforcement division of the board.

AB1188-ASA1,14,6 (b) "Election official" includes any board of election commissioners under s. 7.20 or governing body of a local governmental unit that has the responsibility to administer the election laws.

AB1188-ASA1,14,7 (c) "Local governmental unit" has the meaning given in s. 16.97 (7).

AB1188-ASA1,14,8 (d) "Working day" has the meaning given in s. 227.01 (14).

AB1188-ASA1,14,20 (2) Any person may file a verified complaint with the division alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall investigate the complaint unless the division finds the complaint to be without merit. The division may, on its own motion or upon direction of the board, investigate any potential violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever the division has probable cause to believe that a violation has occurred. If the division finds, by a preponderance of evidence, that a complaint is frivolous, the division may order the complainant to forfeit not more than the greater of $500 or the expenses incurred in investigating the complaint. The attorney general, when so requested by the division, shall institute proceedings to recover any forfeiture incurred under this subsection that is not paid by the person against whom it is assessed.

AB1188-ASA1,15,2 (3) If the complaint concerns a question as to whether an election official or a private person is acting in conformity with the law or rules of the board, the person filing the complaint shall serve a copy of the complaint upon that official or private person and that official or private person shall be a party to the case. An election official or private person may move to dismiss a complaint if it is clearly without merit. If the division finds, in response to a motion, that a complaint is clearly without merit, the division shall dismiss the complaint.

AB1188-ASA1,15,5 (4) If the division does not dismiss a complaint, the division shall issue a proposed decision, which shall include findings of fact and conclusions of law and may include an order under sub. (5).

AB1188-ASA1,15,10 (5) The division may order an election official or a private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil penalty under s. 11.60 or 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable.

AB1188-ASA1,16,2 (6) Subject to the procedures under this subsection, the division may, in the discharge of its functions under this section and after providing notice to any party who is the subject of an investigation, subpoena and bring before it any person and require the production of any papers, books, or other records relevant to an investigation. Prior to issuing a subpoena or obtaining a search warrant, the division shall submit a written request for this purpose to the board. If the board does not disapprove the request within 10 days of receiving the request, the division may issue the subpoena or obtain the search warrant. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution, as defined in s. 705.01 (3), doing business in this state to obtain evidence of any violation of ch. 11 or 12, subch. III of ch. 1 3, or subch. III of ch. 19 upon a showing by the division of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its functions under this section, the division may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

AB1188-ASA1,16,6 (7) If the division issues a decision under sub. (4) that contains an order under sub. (5), the order is effective upon service of the order notwithstanding any appeal to the board under sub. (8) or to circuit court under sub. (11), except that the division may stay such an order pending an appeal.

AB1188-ASA1,16,16 (8) Any party aggrieved by a proposed decision under sub. (4) may appeal the proposed decision to the board within 20 days after service of a copy of the decision upon the party. If no appeal is filed within 20 days of service of a copy of a proposed decision upon each party to the case in which the decision is made, the decision is final and becomes the decision of the board. In appealing a decision of the division, the appellant shall indicate in its appeal whether the appellant contests any finding of fact made by the division. If an appellant does not contest a finding of fact, the validity of which is reasonably ascertainable to the appellant at the time of the appeal, that finding is conclusive against the appellant in all subsequent proceedings.

AB1188-ASA1,17,4 (9) If a proposed decision of the division is appealed to the board, the board shall hear the appeal at its next meeting occurring at least 3 working days after the appeal is received by the board. In reviewing the decision of the division, the board is not bound by any finding of fact that is contested or any conclusion of law made by the division. After hearing the appeal, the board may issue a decision, which shall include findings of fact and conclusions of law. In its decision, the board may affirm, modify, or reverse an order issued by the division under sub. (5), and may order an election official or a private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil penalty under s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable. If the board does not modify or reverse a decision of the division at the meeting at which an appeal of a decision is heard, the decision is affirmed.

AB1188-ASA1,17,8 (10) If a person aggrieved by a decision issued under sub. (4) that contains an order under sub. (5) appeals the decision to the board and the board modifies the order, the modified order is effective upon service, except that the division may stay such an order pending judicial review under s. 227.57.

AB1188-ASA1,17,17 (11) The defendant may appeal any decision of the division or the board in a contested case arising under this section as provided in s. 227.57. If the board modifies or reverses an order issued by the division under sub. (5), the division may seek judicial review of the decision. In seeking judicial review of a decision of the division or the board, the appellant shall indicate in its petition for review whether the appellant contests any finding of fact made by the division or the board that is not conclusive against the appellant. If the appellant does not contest any finding of fact made by the division or the board, that finding is conclusive against the appellant.

AB1188-ASA1,18,3 (12) When the enforcement division issues an order imposing a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 that is not appealed in a timely manner under sub. (8) or (11), or when the board issues an order imposing a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 and the period allowed under s. 227.57 for judicial review of the order expires, the division or board may file a copy of its order with the clerk of circuit court for Dane County. The clerk shall thereupon enter the order in the judgment and lien docket in the same manner as provided for entry of civil judgments under s. 806.10. The division or board may also enter the order on the judgment and lien docket of any other county under s. 806.13. The order may be enforced and satisfied in the same manner as provided for enforcement and satisfaction of civil judgments.

AB1188-ASA1,18,8 (13) If the division or the board issues an order requiring an election official or private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the board, the division may file an action in circuit court for any county where the official or other person is present to obtain relief requiring compliance with the order.

AB1188-ASA1,18,11 (14) (a) This section does not apply to any complaint brought by an election official or private person in which the board or the division is alleged to have violated the law.

AB1188-ASA1,18,13 (b) This section does not apply to any matter arising in connection with a recount under s. 9.01.

AB1188-ASA1, s. 18 Section 18. 5.40 (7) of the statutes is amended to read:

AB1188-ASA1,18,21 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the executive director of the elections government accountability board in writing.

AB1188-ASA1, s. 19 Section 19. 5.62 (4) (b) of the statutes is amended to read:

AB1188-ASA1,19,2 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 500,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the elections government accountability board under s. 5.60 (1) (b).

AB1188-ASA1, s. 20 Section 20. 6.26 (2) (b) of the statutes is amended to read:

AB1188-ASA1,19,10 6.26 (2) (b) The municipal clerk, board of election commissioners, or elections government accountability board may appoint any applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality or by the board for cause. The municipal clerk, board of election commissioners, or elections government accountability board may revoke an appointment made by the clerk, board of election commissioners, or elections government accountability board for cause at any time.

AB1188-ASA1, s. 21 Section 21. 6.26 (2) (c) of the statutes is amended to read:

AB1188-ASA1,19,15 6.26 (2) (c) No individual may serve as a special registration deputy in a municipality unless the individual is appointed by the municipal clerk or board of election commissioners of the municipality or the individual is appointed by the elections government accountability board to serve all municipalities.

AB1188-ASA1, s. 22 Section 22. 6.56 (2) to (5) of the statutes are amended to read:

AB1188-ASA1,20,3 6.56 (2) Upon receipt of the list, the municipal clerk shall make a check to determine whether each person who has been allowed to vote under s. 6.55 (3) is properly registered. If so, the clerk shall correct the registration list. If the address on the registration list is not correct, the clerk shall correct the address. The clerk shall then notify the elector by postcard when he or she is properly registered. If such person is found not to be properly registered, the clerk shall send the person a 1st class letter with that information, containing a mail registration form under s. 6.30 (4). The letter shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the postcard. If such letter is returned undelivered, or if the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election, the clerk shall notify the district attorney and the board.

AB1188-ASA1,20,16 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk or board of election commissioners if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk or board of election commissioners is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk or board shall change the status of the elector from eligible to ineligible on the registration list and mail the elector a notice of the change in status and provide the name to the district attorney for the county where the polling place is located and the board.

AB1188-ASA1,21,2 (4) After each election, the municipal clerk shall carefully check to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney and the board.

AB1188-ASA1,21,9 (5) Whenever any letter or postcard mailed under this section is returned undelivered, or whenever the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election or whenever it otherwise appears that a person has voted who is not qualified or has voted more than once in an election, and the person has been permitted to vote after corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the corroborator shall also be provided to the district attorney and the board.

AB1188-ASA1, s. 23 Section 23. 7.08 (title) of the statutes is amended to read:

AB1188-ASA1,21,11 7.08 (title) Elections Government accountability board.

AB1188-ASA1, s. 24 Section 24. 7.08 (title) of the statutes is amended to read:

AB1188-ASA1,21,13 7.08 (title) Elections Government accountability board.

AB1188-ASA1, s. 25 Section 25. 7.08 (7) of the statutes is repealed.

AB1188-ASA1, s. 26 Section 26. 7.15 (1) (g) of the statutes is amended to read:

AB1188-ASA1,21,17 7.15 (1) (g) Report suspected election frauds, irregularities or violations of which the clerk has knowledge to the district attorney and the board.

AB1188-ASA1, s. 27 Section 27. 7.23 (2) of the statutes is amended to read:

AB1188-ASA1,22,7 7.23 (2) If there is a demand for a recount, notice of an election contest or any contest or litigation pending with respect to an election, materials may be destroyed and recorders, units or compartments may be cleared or erased only by order of the judge in whose court litigation is pending or if no litigation is pending, by order of any circuit judge for the affected jurisdiction. Upon petition of the board, the attorney general or, a district attorney or the U.S. attorney for the affected jurisdiction, a circuit judge for the affected jurisdiction may order that specified materials not be destroyed or that specified recorders, units or compartments not be cleared or erased as otherwise authorized under this subsection until the court so permits. The governor may by order permit the clearing of voting machine recorders on machines needed to conduct a special election prior to the time authorized under this subsection, unless there is a demand for recount, notice of an election contest or a contest or litigation pending, or a court of record orders that the recorders not be cleared.

AB1188-ASA1, s. 28 Section 28. 7.31 (5) of the statutes is amended to read:

AB1188-ASA1,22,13 7.31 (5) The board shall conduct regular training programs to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to conduct the training programs from the appropriation under s. 20.510 (1) (bm).

AB1188-ASA1, s. 29 Section 29. 7.60 (4) (a) of the statutes is amended to read:

AB1188-ASA1,23,9 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections government accountability board, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB1188-ASA1, s. 30 Section 30. 7.60 (5) of the statutes is amended to read:

AB1188-ASA1,24,3 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or send to the elections government accountability board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections government accountability board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections government accountability board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB1188-ASA1,24,15 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections government accountability board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections government accountability board to reopen and correct the canvass. The elections government accountability board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections government accountability board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections government accountability board or secretary of the technical college district board.

AB1188-ASA1, s. 31 Section 31. 7.70 (1) of the statutes is amended to read:

AB1188-ASA1,24,19 7.70 (1) Recording and preserving returns. (a) Upon receipt of the certified statements from the county clerks, the elections board shall record the election results by counties and file and carefully preserve the statements.

AB1188-ASA1,24,25 (b) If any county clerk fails or neglects to forward any statements, the elections board may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the elections board may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board may return it to the county clerk for correction.

AB1188-ASA1, s. 32 Section 32. 7.70 (5) (b) of the statutes is amended to read:

AB1188-ASA1,25,8 7.70 (5) (b) For presidential electors, the elections board shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.

AB1188-ASA1, s. 33 Section 33. 8.05 (1) (j) 3. of the statutes, as affected by 2005 Wisconsin Act 149, is amended to read:

AB1188-ASA1,25,17 8.05 (1) (j) 3. A candidate for municipal judge shall, in addition to making the filings required under subd. 2., file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate, or no later than 4:30 p.m. on the next business day after the last day for filing a declaration of candidacy whenever that candidate is granted an extension of time for filing a declaration of candidacy under subd. 2.