Amendment ASA1-AB1188

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.

AB1188-ASA1, s. 34 Section 34. 8.10 (5) of the statutes is amended to read:

AB1188-ASA1,26,2 8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office or municipal judge shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (2) (a).

AB1188-ASA1, s. 35 Section 35. 8.15 (4) (b) of the statutes is amended to read:

AB1188-ASA1,26,12 8.15 (4) (b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (1).

AB1188-ASA1, s. 36 Section 36. 8.18 (2) of the statutes is amended to read:

AB1188-ASA1,26,17 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the elections board.

AB1188-ASA1, s. 37 Section 37. 8.20 (6) of the statutes is amended to read:

AB1188-ASA1,27,2 8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (8) (a).

AB1188-ASA1, s. 38 Section 38. 8.50 (3) (a) of the statutes is amended to read:

AB1188-ASA1,27,18 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring or September primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB1188-ASA1, s. 39 Section 39. 8.50 (3) (e) of the statutes is amended to read:

AB1188-ASA1,27,23 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections government accountability board no later than 7 days after the special primary and 13 days after the special election.

AB1188-ASA1, s. 40 Section 40. 9.01 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 149, is amended to read:

AB1188-ASA1,28,15 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions 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 government accountability board receives the last statement from a county board of canvassers for the election or referendum.

AB1188-ASA1, s. 41 Section 41. 9.01 (1) (ag) 4. of the statutes is repealed.

AB1188-ASA1, s. 42 Section 42. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB1188-ASA1,28,20 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the elections board.

AB1188-ASA1, s. 43 Section 43. 9.01 (10) of the statutes is amended to read:

AB1188-ASA1,28,23 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section.

AB1188-ASA1, s. 44 Section 44. 11.21 (title) of the statutes is amended to read:

AB1188-ASA1,28,25 11.21 (title) Duties of the elections board.

AB1188-ASA1, s. 45 Section 45. 11.21 (7) (intro.) of the statutes is amended to read:

AB1188-ASA1,29,3 11.21 (7) (intro.) Include in its biennial report under s. 5.05 (5) 15.04 (1) (d) compilations of any of the following in its discretion:

AB1188-ASA1, s. 46 Section 46. 11.22 (4) of the statutes is amended to read:

AB1188-ASA1,29,13 11.22 (4) Notify the board, the district attorney, or the attorney general where appropriate under ss. 11.60 (4) and 11.61 (2), in writing, of any facts within the filing officer's knowledge or evidence in the officer's possession, including errors or discrepancies in reports or statements and delinquencies in filing which may be grounds for civil action or criminal prosecution. The filing officer shall transmit a copy of such notification to the board. The board, district attorney, or the attorney general shall advise the filing officer in writing at the end of each 30-day period of the status of such matter until the time of disposition. The district attorney or attorney general shall transmit a copy of each any such notice to the board.

AB1188-ASA1, s. 47 Section 47. 11.60 (4) of the statutes, as affected by 2005 Wisconsin Act 177, is repealed and recreated to read:

AB1188-ASA1,29,22 11.60 (4) Actions under this section may be brought by the board or by the district attorney for the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county where the violation is alleged to have occurred. If a violation concerns a district attorney or circuit judge or a candidate for either such office, the action shall be brought by the board or by the attorney general.

AB1188-ASA1, s. 48 Section 48. 11.61 (2) of the statutes is amended to read:

AB1188-ASA1,30,10 11.61 (2) Except as provided in s. 11.38 (5), all prosecutions under this section shall be conducted by the board or by district attorney of for the county where the violation is alleged to have occurred. If the district attorney refuses to act upon a sworn complaint, or fails to act upon such a complaint within 60 days of the date on which the complaint is received, the attorney general may then conduct the prosecution under this section. If a violation concerns a district attorney or circuit judge or a candidate for such offices either such office, the prosecution shall be conducted by the board or by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint a special prosecutor under s. 14.11 (2) to conduct the prosecution in behalf of the state. The prosecutor shall be independent of the attorney general and need not be a state employee at the time of appointment.

AB1188-ASA1, s. 49 Section 49. 13.123 (3) (b) 2. of the statutes is amended to read:

AB1188-ASA1,30,15 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections government accountability board or the chairperson's designee if such determination has been issued.

AB1188-ASA1, s. 50 Section 50. 13.23 of the statutes is amended to read:

AB1188-ASA1,31,2 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections government accountability board at least 10 days before the day fixed by law for the meeting of the legislature. The elections government accountability board shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB1188-ASA1, s. 51 Section 51. 13.62 (4) of the statutes is amended to read:

AB1188-ASA1,31,4 13.62 (4) "Board" means the ethics government accountability board.

AB1188-ASA1, s. 52 Section 52. 13.685 (title) of the statutes is amended to read:

AB1188-ASA1,31,6 13.685 (title) Duties of the ethics government accountability board.

AB1188-ASA1, s. 53 Section 53. 13.94 (1) (k) of the statutes is amended to read:

AB1188-ASA1,31,9 13.94 (1) (k) Provide auditing services at the direction of the elections government accountability board under s. 5.05 (2).

AB1188-ASA1, s. 54 Section 54. 14.58 (20) of the statutes is amended to read:

AB1188-ASA1,31,13 14.58 (20) Election campaign fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections government accountability board as eligible to receive moneys from the Wisconsin election campaign fund.

AB1188-ASA1, s. 55 Section 55. 15.03 of the statutes is renumbered 15.03 (intro.) and amended to read:

AB1188-ASA1,32,2 15.03 Attachment for limited purposes. (intro.) Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with:

AB1188-ASA1,32,8 (1) Commissioner of railroads. With respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

AB1188-ASA1, s. 56 Section 56. 15.03 (2) of the statutes is created to read:

AB1188-ASA1,32,13 15.03 (2) Enforcement division of government accountability board. With respect to the enforcement division of the government accountability board, all budget requests by the division shall be submitted by the board to the department of administration without change except as concurred in by the division.

AB1188-ASA1, s. 57 Section 57. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:

AB1188-ASA1,32,17 15.07 (1) (a) 2. Members of the government accountability board shall be nominated by the governor, and with the advice and consent of the assembly and senate appointed, to serve for terms prescribed by law.