Amendment ASA2-SB1

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.

SB1-ASA2,33,24 (5) No member, for one year immediately prior to the date of appointment may have been, or 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, an officer or employee of a registrant under s. 11.05, or a candidate for any partisan elective public office.

SB1-ASA2,34,2 (6) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12).

SB1-ASA2, s. 73 Section 73. 15.603 of the statutes is created to read:

SB1-ASA2,34,10 15.603 Same; specified divisions. (1) Enforcement division. There is created in the government accountability and integrity board an enforcement division. The enforcement division shall be under the direction and supervision of an administrator, who shall be appointed by the board, to serve for a term of not less than 4 years nor more than 6 years expiring on September 1 of an odd-numbered year. The administrator shall be an attorney licensed to practice law in this state who has criminal justice experience.

SB1-ASA2,34,14 (2) Accountability and integrity division. There is created in the government accountability and integrity board an accountability and integrity division. The accountability and integrity division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

SB1-ASA2,34,17 (3) Elections division. There is created in the government accountability and integrity board an elections division. The elections division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

SB1-ASA2, s. 74 Section 74. 15.61 of the statutes is repealed.

SB1-ASA2, s. 75 Section 75. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the statutes, as renumbered, is amended to read:

SB1-ASA2,35,4 15.607 (1) Election administration council. There is created in the elections government accountability and integrity board an election administration council consisting of members appointed by the executive director of the elections government accountability and integrity board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

SB1-ASA2, s. 76 Section 76. 15.62 of the statutes is repealed.

SB1-ASA2, s. 77 Section 77. 16.79 (2) of the statutes is amended to read:

SB1-ASA2,35,15 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the elections government accountability and integrity board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections government accountability and integrity board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

SB1-ASA2, s. 78 Section 78. 16.96 (3) (b) of the statutes is amended to read:

SB1-ASA2,35,20 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections government accountability and integrity board.

SB1-ASA2, s. 79 Section 79. 16.973 (6) of the statutes is amended to read:

SB1-ASA2,36,2 16.973 (6) With the advice of the ethics government accountability and integrity board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

SB1-ASA2, s. 80 Section 80. 17.07 (6) of the statutes is amended to read:

SB1-ASA2,36,11 17.07 (6) Other state officers serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 may be removed only in conformity with that chapter, and except that the administrator of the enforcement division in the government accountability and integrity board may be removed from office only by the board, for cause.

SB1-ASA2, s. 81 Section 81. 17.17 (1) of the statutes is amended to read:

SB1-ASA2,36,16 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections government accountability and integrity board.

SB1-ASA2, s. 82 Section 82. 17.17 (4) of the statutes is amended to read:

SB1-ASA2,36,20 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the elections government accountability and integrity board.

SB1-ASA2, s. 83 Section 83. 19.42 (3) of the statutes is amended to read:

SB1-ASA2,36,23 19.42 (3) "Board" means the ethics government accountability and integrity board.

SB1-ASA2, s. 84 Section 84. 19.42 (10) (a) of the statutes is repealed.

SB1-ASA2, s. 85 Section 85. 19.43 (4) of the statutes is amended to read:

SB1-ASA2,37,19 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, 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 or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the elections government accountability and integrity board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability and integrity board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

SB1-ASA2, s. 86 Section 86. 19.43 (5) of the statutes is amended to read:

SB1-ASA2,38,6 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics government accountability and integrity board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics government accountability and integrity board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution, or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

SB1-ASA2, s. 87 Section 87. 19.45 (6) of the statutes is amended to read:

SB1-ASA2,38,21 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds, unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

SB1-ASA2, s. 88 Section 88. 19.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA2,38,25 19.46 (1) (intro.) Except in accordance with the board's advice of the executive director of the board under sub. (2) s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:

SB1-ASA2, s. 89 Section 89. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

SB1-ASA2,39,23 5.05 (6a) Any individual, either personally or on behalf of an organization or governmental body, may request of the board an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective appointee is or may become a party. The board shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. The board's deliberations and actions upon such requests shall be in meetings not open to the public. If any act that is referenced in the opinion is prohibited by law, the executive director shall include in the opinion a citation to the legal authority prohibiting the act. If no legal authority clearly prohibits an act that is referenced in the opinion, the executive director shall so state. It is prima facie evidence of intent to comply with this subchapter or chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 when a person refers a matter to the board and abides by the board's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.