Amendment ASA2-SB1

SB1-ASA2,18,21 7.08 (title) Elections Government accountability and integrity board.

SB1-ASA2, s. 29 Section 29. 7.08 (7) of the statutes is repealed.

SB1-ASA2, s. 30 Section 30. 7.15 (1) (g) of the statutes is amended to read:

SB1-ASA2,18,25 7.15 (1) (g) Report suspected election frauds, irregularities or violations of which the clerk has knowledge to the district attorney board.

SB1-ASA2, s. 31 Section 31. 7.21 (2m) of the statutes is repealed.

SB1-ASA2, s. 32 Section 32. 7.23 (2) of the statutes is amended to read:

SB1-ASA2,19,15 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 attorney general or a district attorney or board 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.

SB1-ASA2, s. 33 Section 33. 7.31 (5) of the statutes is amended to read:

SB1-ASA2,19,21 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).

SB1-ASA2, s. 34 Section 34. 7.60 (4) (a) of the statutes is amended to read:

SB1-ASA2,20,17 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 and integrity 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.

SB1-ASA2, s. 35 Section 35. 7.60 (5) of the statutes is amended to read:

SB1-ASA2,21,11 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or send to the elections government accountability and integrity 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 and integrity 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 and integrity 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.

SB1-ASA2,21,23 (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 and integrity 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 and integrity board to reopen and correct the canvass. The elections government accountability and integrity board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections government accountability and integrity 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 and integrity board or secretary of the technical college district board.

SB1-ASA2, s. 36 Section 36. 7.70 (1) of the statutes is amended to read:

SB1-ASA2,22,3 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.

SB1-ASA2,22,9 (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.

SB1-ASA2, s. 37 Section 37. 7.70 (5) (b) of the statutes is amended to read:

SB1-ASA2,22,17 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.

SB1-ASA2, s. 38 Section 38. 8.05 (1) (j) of the statutes is amended to read:

SB1-ASA2,23,20 8.05 (1) (j) The municipal clerk shall notify in writing each candidate whose name is certified as a nominee under par. (h) of his or her nomination. If a municipal judge is elected under s. 755.01 (4), the county clerk of the county having the largest portion of the population in the jurisdiction served by the judge shall make the notification. Upon receipt of the notice, each candidate shall file a declaration of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the notification no later than 5 p.m. on the 5th day after the notification is mailed or personally delivered to the candidate by the municipal clerk, except as authorized in this paragraph. If an incumbent whose name is certified as a nominee fails to file a declaration of candidacy within the time prescribed by this paragraph, each certified candidate for the office held by the incumbent, other than the incumbent, may file a declaration of candidacy no later than 72 hours after the latest time prescribed in this paragraph. If the candidate has not filed a registration statement under s. 11.05 at the time of the notification, the candidate shall file the statement with the declaration. A candidate for 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 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 this paragraph. Upon receipt of the declaration of candidacy and registration statement of each qualified candidate, and upon filing of a statement of economic interests by each candidate for municipal judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall place the name of the candidate on the ballot. No later than the end of the 3rd day following qualification by all candidates, the municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the arrangement of candidates' names on the spring election ballot.

SB1-ASA2, s. 39 Section 39. 8.10 (5) of the statutes is amended to read:

SB1-ASA2,24,5 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).

SB1-ASA2, s. 40 Section 40. 8.15 (4) (b) of the statutes is amended to read:

SB1-ASA2,24,15 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).

SB1-ASA2, s. 41 Section 41. 8.18 (2) of the statutes is amended to read:

SB1-ASA2,24,20 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.

SB1-ASA2, s. 42 Section 42. 8.20 (6) of the statutes is amended to read:

SB1-ASA2,25,5 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).

SB1-ASA2, s. 43 Section 43. 8.28 of the statutes is amended to read:

SB1-ASA2,25,13 8.28 Challenge to residency qualifications. (1) Any individual who believes that an individual holding or elected to state or local office is not a resident or inhabitant of this state or of the jurisdiction or district in which he or she serves, whenever such qualification is required by the constitution of this state or by any applicable law, may file a verified complaint with the attorney general board alleging such facts as may cause him or her to believe that the individual is not qualified to hold office because of failure to meet a residency requirement.

SB1-ASA2,25,24 (2) The attorney general board may thereupon investigate whether such allegations are true. If the attorney general board finds that the allegations of the complaint are true or for any other reason finds that the subject person who is holding or elected to office is not qualified because of failure to meet a residency requirement, the attorney general board may commence an action under ch. 784 for a writ of quo warranto to have the subject person's office declared vacant or to restrain any person not entitled to take office from assuming it. In the case of a person who is elected to office in the legislature, the clerk of court shall transmit a copy of the judgment to the presiding officer of the appropriate house, and the house shall determine whether the person is qualified to be seated or whether a vacancy exists.

SB1-ASA2, s. 44 Section 44. 8.50 (3) (a) of the statutes is amended to read:

SB1-ASA2,26,15 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.

SB1-ASA2, s. 45 Section 45. 8.50 (3) (e) of the statutes is amended to read:

SB1-ASA2,26,20 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 and integrity board no later than 7 days after the special primary and 13 days after the special election.

SB1-ASA2, s. 46 Section 46. 9.01 (1) (a) of the statutes is amended to read:

SB1-ASA2,27,25 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 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 and integrity 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.

SB1-ASA2, s. 47 Section 47. 9.01 (1) (ag) 4. of the statutes is repealed.

SB1-ASA2, s. 48 Section 48. 9.01 (1) (ar) 2. of the statutes is amended to read:

SB1-ASA2,28,5 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.

SB1-ASA2, s. 49 Section 49. 9.01 (10) of the statutes is amended to read:

SB1-ASA2,28,8 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section.

SB1-ASA2, s. 50 Section 50. 11.21 (title) of the statutes is amended to read:

SB1-ASA2,28,10 11.21 (title) Duties of the elections board.

SB1-ASA2, s. 51 Section 51. 11.21 (7) (intro.) of the statutes is amended to read:

SB1-ASA2,28,13 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:

SB1-ASA2, s. 52 Section 52. 11.22 (4) of the statutes is amended to read:

SB1-ASA2,28,23 11.22 (4) Notify the district attorney, or the attorney general where appropriate under ss. 11.60 (4) and 11.61 (2) board, 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 district attorney or the attorney general board 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 such notice to the board.

SB1-ASA2, s. 53 Section 53. 11.38 (5) of the statutes is amended to read:

SB1-ASA2,29,6 11.38 (5) An action against a corporation pursuant to a violation of this section may be brought either in the circuit court for the county in which the registered office or principal place of business of the corporation is located, or in the circuit court for the county in which the violation is alleged to have occurred. The proceedings may be brought by the district attorney of either such county, by the attorney general or by the board.

SB1-ASA2, s. 54 Section 54. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA2,29,9 11.60 (4) Actions under this section may be brought by the board.

SB1-ASA2, s. 55 Section 55. 11.60 (5) of the statutes is amended to read:

SB1-ASA2,29,16 11.60 (5) Any elector may file a verified petition with the board, the county board of election commissioners or the appropriate district attorney or with more than one of them where their authority is concurrent under sub. (4), requesting that civil action under this chapter be brought against any person, committee or group. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.

SB1-ASA2, s. 56 Section 56. 11.61 (2) of the statutes is amended to read:

SB1-ASA2,30,3 11.61 (2) Except as provided in s. 11.38 (5), all All prosecutions under this section shall be conducted by the district attorney of 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 candidate for such offices, the prosecution shall be conducted 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 board.

SB1-ASA2, s. 57 Section 57. 12.13 (5) of the statutes is created to read:

SB1-ASA2,30,8 12.13 (5) Unauthorized release of records. No person other than a person who is the subject of an investigation by the board may provide access to any record of the board that is not subject to access under s. 5.05 (5s) to any person other than a member, employee or agent of the board.

SB1-ASA2, s. 58 Section 58. 12.60 (1) (bm) of the statutes is created to read:

SB1-ASA2,30,11 12.60 (1) (bm) Whoever violates s. 12.13 (5) may be fined not more than $500 or imprisoned for not more than 30 days or both.

SB1-ASA2, s. 59 Section 59. 13.123 (3) (b) 2. of the statutes is amended to read:

SB1-ASA2,30,16 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 and integrity board or the chairperson's designee if such determination has been issued.

SB1-ASA2, s. 60 Section 60. 13.23 of the statutes is amended to read:

SB1-ASA2,31,2 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 and integrity board at least 10 days before the day fixed by law for the meeting of the legislature. The elections government accountability and integrity 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.

SB1-ASA2, s. 61 Section 61. 13.62 (4) of the statutes is amended to read:

SB1-ASA2,31,5 13.62 (4) "Board" means the ethics government accountability and integrity board.

SB1-ASA2, s. 62 Section 62. 13.685 (title) of the statutes is amended to read:

SB1-ASA2,31,8 13.685 (title) Duties of the ethics government accountability and integrity board.

SB1-ASA2, s. 63 Section 63. 13.69 (8) of the statutes is repealed.

SB1-ASA2, s. 64 Section 64. 13.94 (1) (k) of the statutes is amended to read:

SB1-ASA2,31,12 13.94 (1) (k) Provide auditing services at the direction of the elections government accountability and integrity board under s. 5.05 (2).

SB1-ASA2, s. 65 Section 65. 14.58 (20) of the statutes is amended to read:

SB1-ASA2,31,17 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 and integrity board as eligible to receive moneys from the Wisconsin election campaign fund.

SB1-ASA2, s. 66 Section 66. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:

SB1-ASA2,31,21 15.07 (1) (a) 2. Members of the government accountability and integrity 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.

SB1-ASA2, s. 67 Section 67. 15.07 (1) (cm) of the statutes, as affected by 2005 Wisconsin Acts 25 and 76, is amended to read:

SB1-ASA2,32,10 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year.

SB1-ASA2, s. 68 Section 68. 15.07 (4) of the statutes is amended to read:

SB1-ASA2,32,17 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the ethics government accountability and integrity board or the school district boundary appeal board as provided in ss. 19.47 (4) 5.05 (1e) and 117.05 (2) (a).

SB1-ASA2, s. 69 Section 69. 15.07 (5) (k) of the statutes is repealed.

SB1-ASA2, s. 70 Section 70. 15.07 (5) (m) of the statutes is created to read:

SB1-ASA2,32,21 15.07 (5) (m) Members of the government accountability and integrity board, $150 per day.

SB1-ASA2, s. 71 Section 71. 15.07 (5) (n) of the statutes is repealed.

SB1-ASA2, s. 72 Section 72. 15.60 of the statutes is created to read:

SB1-ASA2,33,3 15.60 Government accountability and integrity board; creation. (1) There is created a government accountability and integrity board consisting of 7 persons. Members shall serve for 4-year terms.

SB1-ASA2,33,9 (2) (a) All members of the board shall be appointed from nominations submitted to the governor by a nominating committee to be called the governmental accountability and integrity candidate committee, which shall consist of one court of appeals judge from each of the court of appeals districts. The court of appeals judges shall be chosen as members by lot by the chief justice of the supreme court in the presence of the other justices of the supreme court.

SB1-ASA2,33,17 (3) Four members of the board shall have prosecutorial experience, two members of the board shall have prior service as a nonpartisan elective official of a local governmental unit, as defined in s. 19.42 (7u), and one member of the board shall be a retired judge of a court of record in this state. If, as a result of a vacancy in the membership of the board, the remaining membership does not satisfy the membership requirements of this subsection, no person may be appointed to serve as a member if the person's qualifications would not contribute to satisfaction of the membership requirements of this subsection.

SB1-ASA2,33,19 (4) No member may hold another office or position that is a state public office or a local public office, as defined in s. 19.42.