SB1-ASA3,12,2
1b. A recommendation for further investigation of the matter together with facts
2supporting that course of action.
SB1-ASA3,12,43
c. A recommendation to terminate the investigation due to lack of sufficient
4evidence to indicate that a violation under subd. 2 has occurred or is occurring.
SB1-ASA3,12,145
5. The enforcement division may file a complaint against any person only upon
6authorization by the board. The enforcement division may request the assistance of
7special counsel to prosecute any action brought by the board. If the enforcement
8division requests the assistance of special counsel with respect to any matter, the
9administrator of the enforcement division shall submit to the board the names of 3
10qualified individuals to serve as special counsel. Any individual so appointed shall
11meet the qualifications prescribed in subd. 7. The board may retain one of the
12individuals to act as special counsel. The staff of the enforcement division shall
13provide assistance to the special counsel as may be required by the counsel to carry
14out his or her responsibilities.
SB1-ASA3,12,1915
6. Upon employment of any individual to serve as special counsel for the
16enforcement division, the administrator of the enforcement division shall certify the
17maximum amount provided in the employment contract to the secretary of
18administration, and direct the department of administration to pay special counsel
19bills related to that case within the certified amount.
SB1-ASA3,12,2420
7. Any individual who is appointed by the board to serve as special counsel shall
21be a retired judge of a court of record in this state or an attorney who, at the time of
22appointment, has senior status as a member of the state bar of Wisconsin, as defined
23by the supreme court. No individual who is appointed or retained by the board to
24serve as special counsel or as an investigator is subject to approval under s. 20.930.
SB1-ASA3,13,6
18. Whenever the board authorizes commencement of a prosecution and the
2prosecution is not concluded in circuit court or settled within 6 months of the date
3of the board's action, the administrator of the enforcement division or any special
4counsel who is retained to conduct the prosecution shall not proceed with the
5prosecution or shall move to dismiss the prosecution unless the board authorizes the
6prosecution to proceed for an additional period, not to exceed 6 months.
SB1-ASA3,13,127
9. The board may, by rule, prescribe categories of civil offenses which the board
8will agree to compromise and settle without a formal investigation upon payment of
9specified amounts by the alleged offender. The board may authorize the
10administrator of the enforcement division to compromise and settle such alleged
11offenses in the name of the board if the alleged offenses by an offender, in the
12aggregate, do not involve payment of more than $500.
SB1-ASA3,13,1913
(d) No individual who serves as an employee in the enforcement division and
14no individual who is retained by the board to serve as an investigator or as special
15counsel may, while so employed or retained or for 12 months after ceasing to be so
16employed or retained, become a candidate, as defined in s. 11.01 (1), for state or local
17office. A filing officer shall decline to accept nomination papers or a declaration of
18candidacy from any individual who does not qualify to become a candidate under this
19paragraph.
SB1-ASA3, s. 12
21Section
12. 5.05 (3g) of the statutes is created to read:
SB1-ASA3,13,2322
5.05
(3g) Chief election officer. The board shall designate an employee of
23the board to serve as the chief election officer of this state.
SB1-ASA3, s. 14
25Section
14. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
SB1-ASA3,14,7
15.05
(5s) (title)
Access to records. (d) If the board commences a prosecution
2of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III
3of ch. 19 as the result of an investigation, the person who is the subject of the
4investigation may authorize the board to make available for inspection and copying
5under s. 19.35 (1) records of the investigation pertaining to that person if the records
6are available by law to the subject person and the board shall then make those
7records available.
SB1-ASA3,14,98
(e) The following records of the board are open to public inspection and copying
9under s. 19.35 (1):
SB1-ASA3,14,1110
1. Any record containing a finding that a complaint does not raise a reasonable
11suspicion that a violation of the law has occurred.
SB1-ASA3,14,1312
2. Any record containing a finding, following an investigation, that no probable
13cause exists to believe that a violation of the law has occurred.
SB1-ASA3,14,20
175.052 Government accountability and integrity candidate committee. 18(1) The government accountability and integrity candidate committee shall
19organize whenever a vacancy occurs in the membership of the board that requires
20a nomination to be submitted to the governor under s. 15.60 (2).
SB1-ASA3,14,22
21(2) No person may be nominated by the committee unless the person receives
22the unanimous approval of the committee.
SB1-ASA3,14,24
23(3) Except as provided in sub. (4), the committee shall submit the following
24number of nominations:
SB1-ASA3,15,2
1(a) To fill any vacancy if the member must be a retired judge of a court of record
2in this state, 2 nominations.
SB1-ASA3,15,43
(b) To fill one vacancy if the member must be a former elective official of a local
4governmental unit, 2 nominations.
SB1-ASA3,15,65
(c) To fill 2 vacancies, if both members must be former elective officials of local
6governmental units in this state, 3 nominations.
SB1-ASA3,15,77
(d) To fill one vacancy in any other position, 2 nominations.
SB1-ASA3,15,88
(e) To fill 2 vacancies in any other positions, 3 nominations.
SB1-ASA3,15,99
(f) To fill 3 vacancies in any other positions, 5 nominations.
SB1-ASA3,15,1010
(g) To fill 4 vacancies in any other positions, 6 nominations.
SB1-ASA3,15,13
11(4) If a nomination of the governor is rejected by the assembly or the senate,
12the committee shall submit an additional nominee to the governor from the same
13membership category as the original nominee.
SB1-ASA3,15,16
155.054 Duties of the executive director. The executive director of the board
16shall:
SB1-ASA3,15,22
17(1) Assign work to the employees of the board as good management practices
18and the workload of the board require without respect to divisional structure, except
19that the executive director shall not reassign the administrator of the enforcement
20division or the attorney or investigator whose employment is required under s. 5.05
21(2m) (c) 1. to perform work outside the enforcement division if the enforcement
22division has work to be performed.
SB1-ASA3,15,24
23(2) Whenever a vacancy occurs on the board, call a meeting of the government
24accountability and integrity candidate committee.
SB1-ASA3,16,2
1(3) Assist the government accountability and integrity candidate committee in
2the performance of its functions.
SB1-ASA3,16,114
5.06
(2) No person who is authorized to file a complaint under sub. (1)
, other
5than the attorney general or a district attorney, may commence an action or
6proceeding to test the validity of any decision, action or failure to act on the part of
7any election official with respect to any matter specified in sub. (1) without first filing
8a complaint under sub. (1), nor prior to disposition of the complaint by the board. A
9complaint is deemed disposed of if the board fails to transmit an acknowledgment of
10receipt of the complaint within 5 business days from the date of its receipt or if the
11board concludes its investigation without a formal decision.
SB1-ASA3,16,20
155.081 Petition for enforcement of voting rights. The
attorney general
16board shall accept a verified petition from any person alleging failure to comply with
17section 2 of the federal voting rights act,
42 USC 1973 (a) and (b). The
attorney
18general board may commence an action or proceeding in any court of competent
19jurisdiction on behalf of any elector of this state whose rights under
42 USC 1973 (a)
20and (b) are violated.
SB1-ASA3,17,322
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
23electronic voting system, or adopts and purchases a different type of voting machine
24or electronic voting system from the type it was previously using, the municipal clerk
25or executive director of the municipal board of election commissioners shall promptly
1notify the county clerk or executive director of the county board of election
2commissioners and the executive director of the
elections government accountability
3and integrity board in writing.
SB1-ASA3, s. 24
4Section
24. 5.62 (4) (b) of the statutes is amended to read:
SB1-ASA3,17,95
5.62
(4) (b) The county board of election commissioners in counties having a
6population of more than 500,000 shall prepare the official primary ballot. The
7commissioners shall arrange the names of all candidates for each office whose
8nomination papers are filed at the county level, using the same method as that used
9by the
elections government accountability and integrity board under s. 5.60 (1) (b).
SB1-ASA3, s. 25
10Section
25. 6.26 (2) (b) of the statutes is amended to read:
SB1-ASA3,17,1711
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 12government accountability and integrity board may appoint any applicant who
13qualifies under this subsection, unless the applicant's appointment has been revoked
14by a municipality or by the board for cause. The municipal clerk, board of election
15commissioners, or
elections government accountability and integrity board may
16revoke an appointment made by the clerk, board of election commissioners, or
17elections government accountability and integrity board for cause at any time.
SB1-ASA3, s. 26
18Section
26. 6.26 (2) (c) of the statutes is amended to read:
SB1-ASA3,17,2219
6.26
(2) (c) No individual may serve as a special registration deputy in a
20municipality unless the individual is appointed by the municipal clerk or board of
21election commissioners of the municipality or the individual is appointed by the
22elections government accountability and integrity board to serve all municipalities.
SB1-ASA3, s. 27
23Section
27. 6.56 (2) to (5) of the statutes are amended to read:
SB1-ASA3,18,1024
6.56
(2) Upon receipt of the list, the municipal clerk shall make a check to
25determine whether each person who has been allowed to vote under s. 6.55 (3) is
1properly registered. If so, the clerk shall correct the registration list. If the address
2on the registration list is not correct, the clerk shall correct the address. The clerk
3shall then notify the elector by postcard when he or she is properly registered. If such
4person is found not to be properly registered, the clerk shall send the person a 1st
5class letter with that information, containing a mail registration form under s. 6.30
6(4). The letter shall be marked in accordance with postal regulations to ensure that
7it will be returned to the clerk if the elector does not reside at the address given on
8the postcard. If such letter is returned undelivered, or if the U.S. postal service
9notifies the clerk of an improper address which was apparently improper on the day
10of the election, the clerk shall notify the
district attorney board.
SB1-ASA3,18,24
11(3) Upon receipt of the list under sub. (1), the municipal clerk or board of
12election commissioners shall make an audit of all electors registering to vote at the
13polling place or other registration location under s. 6.55 (2) and all electors
14registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made
15by 1st class postcard. The postcard shall be marked in accordance with postal
16regulations to ensure that it will be returned to the clerk or board of election
17commissioners if the elector does not reside at the address given on the postcard. If
18any postcard is returned undelivered, or if the clerk or board of election
19commissioners is informed of a different address than the one specified by the elector
20which was apparently improper on the day of the election, the clerk or board
of
21election commissioners shall change the status of the elector from eligible to
22ineligible on the registration list and mail the elector a notice of the change in status
23and provide the name to the
district attorney for the county where the polling place
24is located board.
SB1-ASA3,19,10
1(4) After each election, the municipal clerk shall carefully check to assure that
2no person has been allowed to vote more than once. Whenever the municipal clerk
3has good reason to believe that a person has voted more than once in an election, the
4clerk shall send the person a 1st class letter marked in accordance with postal
5regulations to ensure that it will be returned to the clerk if the elector does not reside
6at the address given on the letter. The letter shall inform the person that all
7registrations relating to that person may be changed from eligible to ineligible status
8within 7 days unless the person contacts the office of the clerk to clarify the matter.
9A copy of the letter and of any subsequent information received from or about the
10addressee shall be sent to the
district attorney
board.
SB1-ASA3,19,17
11(5) Whenever any letter or postcard mailed under this section is returned
12undelivered, or whenever the U.S. postal service notifies the clerk of an improper
13address which was apparently improper on the day of the election or whenever it
14otherwise appears that a person has voted who is not qualified or has voted more
15than once in an election, and the person has been permitted to vote after
16corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the
17corroborator shall also be provided to the
district attorney board.
SB1-ASA3, s. 28
18Section
28. 7.08 (title) of the statutes is amended to read:
SB1-ASA3,19,19
197.08 (title)
Elections Government accountability and integrity board.
SB1-ASA3, s. 30
21Section
30. 7.15 (1) (g) of the statutes is amended to read:
SB1-ASA3,19,2322
7.15
(1) (g) Report suspected election frauds, irregularities or violations of
23which the clerk has knowledge to the
district attorney
board.
SB1-ASA3,20,13
17.23
(2) If there is a demand for a recount, notice of an election contest or any
2contest or litigation pending with respect to an election, materials may be destroyed
3and recorders, units or compartments may be cleared or erased only by order of the
4judge in whose court litigation is pending or if no litigation is pending, by order of any
5circuit judge for the affected jurisdiction. Upon petition of the
attorney general or
6a district attorney or board or the U.S. attorney for the affected jurisdiction, a circuit
7judge for the affected jurisdiction may order that specified materials not be destroyed
8or that specified recorders, units or compartments not be cleared or erased as
9otherwise authorized under this subsection until the court so permits. The governor
10may by order permit the clearing of voting machine recorders on machines needed
11to conduct a special election prior to the time authorized under this subsection,
12unless there is a demand for recount, notice of an election contest or a contest or
13litigation pending, or a court of record orders that the recorders not be cleared.
SB1-ASA3,20,1915
7.31
(5) The board shall conduct regular training programs to ensure that
16individuals who are certified by the board under this section are knowledgeable
17concerning their authority and responsibilities.
The board shall pay all costs
18required to conduct the training programs from the appropriation under s. 20.510 (1)
19(bm).
SB1-ASA3, s. 34
20Section
34. 7.60 (4) (a) of the statutes is amended to read:
SB1-ASA3,21,1521
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
22showing the numbers of votes cast for the offices of president and vice president; state
23officials; U.S. senators and representatives in congress; state legislators; justice;
24court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
25commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
1municipal judge elected under s. 755.01 (4) serves a municipality that is located
2partially within the county and candidates for that judgeship file nomination papers
3in another county, the board of canvassers shall prepare a duplicate statement
4showing the numbers of votes cast for that judgeship in that county for transmittal
5to the other county. For partisan candidates, the statements shall include the
6political party or principle designation, if any, next to the name of each candidate.
7The board of canvassers shall also prepare a statement showing the results of any
8county, technical college district
, or statewide referendum. Each statement shall
9state the total number of votes cast in the county for each office; the names of all
10persons for whom the votes were cast, as returned; the number of votes cast for each
11person; and the number of votes cast for and against any question submitted at a
12referendum. The board of canvassers shall use one copy of each duplicate statement
13to report to the
elections government accountability and integrity board, technical
14college district board
, or board of canvassers of any other county and shall file the
15other statement in the office of the county clerk or board of election commissioners.
SB1-ASA3,22,917
7.60
(5) Reporting. (a) Immediately following the canvass, the county clerk
18shall deliver or send to the
elections government accountability and integrity board,
19by 1st class mail, a certified copy of each statement of the county board of canvassers
20for president and vice president, state officials, senators and representatives in
21congress, state legislators, justice, court of appeals judge, circuit judge, district
22attorney, and metropolitan sewerage commissioners, if the commissioners are
23elected under s. 200.09 (11) (am). The statement shall record the returns for each
24office or referendum by ward, unless combined returns are authorized under s. 5.15
25(6) (b) in which case the statement shall record the returns for each group of
1combined wards. Following primaries the county clerk shall enclose on forms
2prescribed by the
elections government accountability and integrity board the
3names, party or principle designation, if any, and number of votes received by each
4candidate recorded in the same manner. The county clerk shall deliver or transmit
5the certified statement to the
elections government accountability and integrity 6board no later than 7 days after each primary and no later than 10 days after any
7other election. The board of canvassers shall deliver or transmit a certified copy of
8each statement for any technical college district referendum to the secretary of the
9technical college district board.
SB1-ASA3,22,2110
(b) If the board of canvassers becomes aware of a material mistake in the
11canvass of an election for state or national office or a statewide or technical college
12district referendum prior to the close of business on the day the
elections government
13accountability and integrity board receives returns from the last county board of
14canvassers with respect to that canvass, the board of canvassers may petition the
15elections government accountability and integrity board to reopen and correct the
16canvass. The
elections government accountability and integrity board shall direct
17the canvass to be reopened and corrected if it determines that the public interest so
18requires. If the
elections government accountability and integrity board directs the
19canvass to be reopened, the board of canvassers shall reconvene and transmit a
20certified corrected copy of the canvass statement to the
elections government
21accountability and integrity board or secretary of the technical college district board.
SB1-ASA3,22,2523
7.70
(1) Recording and preserving returns. (a) Upon receipt of the certified
24statements from the county clerks, the
elections board shall record the election
25results by counties and file and carefully preserve the statements.
SB1-ASA3,23,6
1(b) If any county clerk fails or neglects to forward any statements, the
elections 2board may require the clerk to do so immediately and if not received by the 8th day
3after a primary, or by the 11th day after any other election, the
elections board may
4dispatch a special messenger to obtain them. Whenever it appears upon the face of
5any statement that an error has been made in reporting or computing, the
elections 6board may return it to the county clerk for correction.
SB1-ASA3, s. 37
7Section
37. 7.70 (5) (b) of the statutes is amended to read:
SB1-ASA3,23,148
7.70
(5) (b) For presidential electors, the
elections board shall prepare a
9certificate showing the determination of the results of the canvass and the names of
10the persons elected, and the governor shall sign, affix the great seal of the state
, and
11transmit the certificate by registered mail to the U.S. administrator of general
12services. The governor shall also prepare 6 duplicate originals of such certificate and
13deliver them to one of the presidential electors on or before the first Monday after the
142nd Wednesday in December.
SB1-ASA3, s. 38
15Section
38. 8.05 (1) (j) of the statutes is amended to read:
SB1-ASA3,24,1716
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
17name is certified as a nominee under par. (h) of his or her nomination. If a municipal
18judge is elected under s. 755.01 (4), the county clerk of the county having the largest
19portion of the population in the jurisdiction served by the judge shall make the
20notification. Upon receipt of the notice, each candidate shall file a declaration of
21candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
22notification no later than 5 p.m. on the 5th day after the notification is mailed or
23personally delivered to the candidate by the municipal clerk, except as authorized
24in this paragraph. If an incumbent whose name is certified as a nominee fails to file
25a declaration of candidacy within the time prescribed by this paragraph, each
1certified candidate for the office held by the incumbent, other than the incumbent,
2may file a declaration of candidacy no later than 72 hours after the latest time
3prescribed in this paragraph. If the candidate has not filed a registration statement
4under s. 11.05 at the time of the notification, the candidate shall file the statement
5with the declaration. A candidate for municipal judge shall also file a statement of
6economic interests with the
ethics board under s. 19.43 (4) no later than 4:30 p.m.
7on the 5th day after notification of nomination is mailed or personally delivered to
8the candidate, or no later than 4:30 p.m. on the next business day after the last day
9for filing a declaration of candidacy whenever that candidate is granted an extension
10of time for filing a declaration of candidacy under this paragraph. Upon receipt of
11the declaration of candidacy and registration statement of each qualified candidate,
12and upon filing of a statement of economic interests by each candidate for municipal
13judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01
14(4), shall place the name of the candidate on the ballot. No later than the end of the
153rd day following qualification by all candidates, the municipal clerk, or the county
16clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the
17arrangement of candidates' names on the spring election ballot.
SB1-ASA3,25,219
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
20under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
21the time he or she files nomination papers, the candidate shall file the statement
22with the papers. A candidate for state office or municipal judge shall also file a
23statement of economic interests with the
ethics board under s. 19.43 (4) no later than
244:30 p.m. on the 3rd day following the last day for filing nomination papers under
25sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day
1whenever that candidate is granted an extension of time for filing nomination papers
2under sub. (2) (a).
SB1-ASA3, s. 40
3Section
40. 8.15 (4) (b) of the statutes is amended to read:
SB1-ASA3,25,124
8.15
(4) (b) Nomination papers shall be accompanied by a declaration of
5candidacy under s. 8.21. If a candidate for state or local office has not filed a
6registration statement under s. 11.05 at the time he or she files nomination papers,
7the candidate shall file the statement with the papers. A candidate for state office
8shall also file a statement of economic interests with the
ethics board under s. 19.43
9(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
10papers under sub. (1), or no later than 4:30 p.m. on the next business day after the
11last day whenever that candidate is granted an extension of time for filing
12nomination papers under sub. (1).
SB1-ASA3,25,1714
8.18
(2) The purpose of the convention is to nominate one presidential elector
15from each congressional district and 2 electors from the state at large. The names
16of the nominees shall be certified immediately by the chairperson of the state
17committee of each party to the chairperson of the
elections board.
SB1-ASA3,26,219
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
20under s. 8.21. If a candidate for state or local office has not filed a registration
21statement under s. 11.05 at the time he or she files nomination papers, the candidate
22shall file the statement with the papers. A candidate for state office shall also file
23a statement of economic interests with the
ethics board under s. 19.43 (4) no later
24than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
25under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
1day whenever that candidate is granted an extension of time for filing nomination
2papers under sub. (8) (a).
SB1-ASA3,26,10
48.28 Challenge to residency qualifications. (1) Any individual who
5believes that an individual holding or elected to state or local office is not a resident
6or inhabitant of this state or of the jurisdiction or district in which he or she serves,
7whenever such qualification is required by the constitution of this state or by any
8applicable law, may file a verified complaint with the
attorney general board alleging
9such facts as may cause him or her to believe that the individual is not qualified to
10hold office because of failure to meet a residency requirement.
SB1-ASA3,26,21
11(2) The
attorney general board may thereupon investigate whether such
12allegations are true. If the
attorney general board finds that the allegations of the
13complaint are true or for any other reason finds that the subject person who is
14holding or elected to office is not qualified because of failure to meet a residency
15requirement, the
attorney general board may commence an action under ch. 784 for
16a writ of quo warranto to have the subject person's office declared vacant or to
17restrain any person not entitled to take office from assuming it. In the case of a
18person who is elected to office in the legislature, the clerk of court shall transmit a
19copy of the judgment to the presiding officer of the appropriate house, and the house
20shall determine whether the person is qualified to be seated or whether a vacancy
21exists.
SB1-ASA3, s. 44
22Section
44. 8.50 (3) (a) of the statutes is amended to read: