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:
SB1-ASA3,27,1223
8.50
(3) (a) Nomination papers may be circulated no sooner than the day the
24order for the special election is filed and shall be filed not later than 5 p.m. 28 days
25before the day that the special primary will or would be held, if required, except when
1a special election is held concurrently with the spring election or general election, the
2deadline for filing nomination papers shall be specified in the order and the date shall
3be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
4later than 35 days prior to the date of the spring or September primary. Nomination
5papers may be filed in the manner specified in s. 8.10, 8.15
, or 8.20. Each candidate
6shall file a declaration of candidacy in the manner provided in s. 8.21 no later than
7the latest time provided in the order for filing nomination papers. If a candidate for
8state or local office has not filed a registration statement under s. 11.05 at the time
9he or she files nomination papers, the candidate shall file the statement with the
10papers. A candidate for state office shall also file a statement of economic interests
11with the
ethics board no later than the end of the 3rd day following the last day for
12filing nomination papers specified in the order.
SB1-ASA3, s. 45
13Section
45. 8.50 (3) (e) of the statutes is amended to read:
SB1-ASA3,27,1714
8.50
(3) (e) In a special election for a state or national office, the county clerk
15or board of election commissioners shall transmit the statement of the county board
16of canvassers to the
elections government accountability and integrity board no later
17than 7 days after the special primary and 13 days after the special election.
SB1-ASA3, s. 46
18Section
46. 9.01 (1) (a) of the statutes is amended to read:
SB1-ASA3,28,2219
9.01
(1) (a) Any candidate voted for at any election or any elector who voted
20upon any referendum question at any election may request a recount. The petitioner
21shall file a verified petition or petitions with the proper clerk or body under par. (ar)
22not earlier than the time of completion of the canvass and not later than 5 p.m. on
23the 3rd business day following the last meeting day of the municipal or county board
24of canvassers determining the election for that office or on that referendum question
25or, if more than one board of canvassers makes the determination not later than 5
1p.m. on the 3rd business day following the last meeting day of the last board of
2canvassers which makes a determination. If the chairperson of the board or
3chairperson's designee makes the determination for the office or the referendum
4question, the petitioner shall file the petition not earlier than the last meeting day
5of the last county board of canvassers to make a statement in the election or
6referendum and not later than 5 p.m. on the 3rd business day following the day on
7which the
elections government accountability and integrity board receives the last
8statement from a county board of canvassers for the election or referendum. Each
9verified petition shall state that at the election the petitioner was a candidate for the
10office in question or that he or she voted on the referendum question in issue; that
11the petitioner is informed and believes that a mistake or fraud has been committed
12in a specified ward or municipality in the counting and return of the votes cast for
13the office or upon the question; or shall specify any other defect, irregularity
, or
14illegality in the conduct of the election. The petition shall specify each ward, or each
15municipality where no wards exist, in which a recount is desired. If a recount is
16requested for all wards within a jurisdiction, each ward need not be specified. The
17petition may be amended to include information discovered as a result of the
18investigation of the board of canvassers or the chairperson of the board or
19chairperson's designee after the filing of the petition, if the petitioner moves to
20amend the petition as soon as possible after the petitioner discovered or reasonably
21should have discovered the information which is the subject of the amendment and
22the petitioner was unable to include information in the original petition.
SB1-ASA3, s. 47
23Section
47. 9.01 (1) (ag) 4. of the statutes is repealed.
SB1-ASA3, s. 48
24Section
48. 9.01 (1) (ar) 2. of the statutes is amended to read:
SB1-ASA3,29,3
19.01
(1) (ar) 2. In the event of a recount for a referendum, the petition shall be
2filed with the clerk of the jurisdiction in which the referendum is called, and
, in the
3case of the state
, with the
elections board.
SB1-ASA3,29,65
9.01
(10) Standard forms and methods. The
elections board shall prescribe
6standard forms and procedures for the making of recounts under this section.
SB1-ASA3, s. 50
7Section
50. 11.21 (title) of the statutes is amended to read:
SB1-ASA3,29,8
811.21 (title)
Duties of the elections board.
SB1-ASA3, s. 51
9Section
51. 11.21 (7) (intro.) of the statutes is amended to read:
SB1-ASA3,29,1110
11.21
(7) (intro.) Include in its biennial report under s.
5.05 (5) 15.04 (1) (d) 11compilations of any of the following in its discretion:
SB1-ASA3, s. 52
12Section
52. 11.22 (4) of the statutes is amended to read:
SB1-ASA3,29,2113
11.22
(4) Notify the
district attorney, or the attorney general where appropriate
14under ss. 11.60 (4) and 11.61 (2) board, in writing, of any facts within the filing
15officer's knowledge or evidence in the officer's possession, including errors or
16discrepancies in reports or statements and delinquencies in filing which may be
17grounds for civil action or criminal prosecution. The filing officer shall transmit a
18copy of such notification to the board. The
district attorney or the attorney general
19board shall advise the filing officer in writing at the end of each 30-day period of the
20status of such matter until the time of disposition.
The district attorney or attorney
21general shall transmit a copy of each such notice to the board.
SB1-ASA3, s. 53
22Section
53. 11.38 (5) of the statutes is amended to read:
SB1-ASA3,30,323
11.38
(5) An action against a corporation pursuant to a violation of this section
24may be brought either in the circuit court for the county in which the registered office
25or principal place of business of the corporation is located, or in the circuit court for
1the county in which the violation is alleged to have occurred. The proceedings may
2be brought
by the district attorney of either such county, by the attorney general or
3by the board.
SB1-ASA3,30,66
11.60
(4) Actions under this section may be brought by the board.
SB1-ASA3,30,138
11.60
(5) Any elector may file a verified petition with the board
, the county
9board of election commissioners or the appropriate district attorney or with more
10than one of them where their authority is concurrent under sub. (4), requesting that
11civil action under this chapter be brought against any person, committee or group.
12The petition shall allege such facts as are within the knowledge of the petitioner to
13show probable cause that a violation of this chapter has occurred.
SB1-ASA3, s. 56
14Section
56. 11.61 (2) of the statutes is amended to read:
SB1-ASA3,30,2515
11.61
(2) Except as provided in s. 11.38 (5), all All prosecutions under this
16section shall be conducted by the
district attorney of the county where the violation
17is alleged to have occurred. If the district attorney refuses to act upon a sworn
18complaint, or fails to act upon such a complaint within 60 days of the date on which
19the complaint is received, the attorney general may then conduct the prosecution
20under this section. If a violation concerns a district attorney or circuit judge or
21candidate for such offices, the prosecution shall be conducted by the attorney
22general. If a violation concerns the attorney general or a candidate for such office,
23the governor may appoint a special prosecutor under s. 14.11 (2) to conduct the
24prosecution in behalf of the state. The prosecutor shall be independent of the
25attorney general and need not be a state employee at the time of appointment board.
SB1-ASA3,31,52
12.13
(5) Unauthorized release of records. No person other than a person
3who is the subject of an investigation by the board may provide access to any record
4of the board that is not subject to access under s. 5.05 (5s) to any person other than
5a member, employee or agent of the board.
SB1-ASA3, s. 58
6Section
58. 12.60 (1) (bm) of the statutes is created to read:
SB1-ASA3,31,87
12.60
(1) (bm) Whoever violates s. 12.13 (5) may be fined not more than $500
8or imprisoned for not more than 30 days or both.
SB1-ASA3, s. 59
9Section
59. 13.123 (3) (b) 2. of the statutes is amended to read:
SB1-ASA3,31,1310
13.123
(3) (b) 2. In making the determination under subd. 1., the chief clerk is
11bound by the determination of the chairperson of the
elections government
12accountability and integrity board or the chairperson's designee if such
13determination has been issued.
SB1-ASA3,31,24
1513.23 Election contests; notice. Any person wishing to contest the election
16of any senator or member of the assembly shall, within 30 days after the decision of
17the board of canvassers, serve a notice in writing on the person whose election the
18contestant intends to contest, stating briefly that the election will be contested and
19the cause of such contest, and shall file a copy thereof in the office of the
elections 20government accountability and integrity board at least 10 days before the day fixed
21by law for the meeting of the legislature. The
elections government accountability
22and integrity board shall then send a copy of s. 13.24 to both contestants. If any
23contestant fails to so file a copy of such notice, the contestant shall not be entitled to
24any mileage or salary in case payment has been made therefor to the sitting member.
SB1-ASA3, s. 61
25Section
61. 13.62 (4) of the statutes is amended to read:
SB1-ASA3,32,2
113.62
(4) "Board" means the
ethics government accountability and integrity 2board.
SB1-ASA3, s. 62
3Section
62. 13.685 (title) of the statutes is amended to read:
SB1-ASA3,32,5
413.685 (title)
Duties of the ethics government accountability and
5integrity board.
SB1-ASA3, s. 64
7Section
64. 13.94 (1) (k) of the statutes is amended to read:
SB1-ASA3,32,98
13.94
(1) (k) Provide auditing services at the direction of the
elections 9government accountability and integrity board under s. 5.05 (2).
SB1-ASA3, s. 65
10Section
65. 14.58 (20) of the statutes is amended to read:
SB1-ASA3,32,1411
14.58
(20) Election campaign fund. Make disbursements to each candidate
12certified under s. 7.08 (2) (c) or (cm) by the
elections government accountability and
13integrity board as eligible to receive moneys from the Wisconsin election campaign
14fund.
SB1-ASA3, s. 66
15Section
66. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:
SB1-ASA3,32,1816
15.07
(1) (a) 2. Members of the government accountability and integrity board
17shall be nominated by the governor, and with the advice and consent of the assembly
18and senate appointed, to serve for terms prescribed by law.
SB1-ASA3,33,1221
15.07
(1) (cm)
The term of one member of the ethics board shall expire on each
22May 1. The terms of office of one member of the government accountability and
23integrity board who is a former nonpartisan elective official of a local governmental
24unit and one member of the board who has prosecutorial experience shall expire in
25an even-numbered year, and the term of office of one member of the government
1accountability and integrity board who is a retired judge of a court of record in this
2state shall expire in the alternating even-numbered year. The terms of 3 members
3of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on
4May 1 of every even-numbered year and the terms of the other 3 members appointed
5under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The
6terms of the 3 members of the land and water conservation board appointed under
7s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and
8water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May
91 of an even-numbered year. The terms of members of the real estate board shall
10expire on July 1. The terms of the appraiser members of the real estate appraisers
11board and the terms of the auctioneer and auction company representative members
12of the auctioneer board shall expire on May 1 in an even-numbered year.
SB1-ASA3, s. 68
13Section
68. 15.07 (4) of the statutes is amended to read:
SB1-ASA3,33,1914
15.07
(4) Quorum. A majority of the membership of a board constitutes a
15quorum to do business and, unless a more restrictive provision is adopted by the
16board, a majority of a quorum may act in any matter within the jurisdiction of the
17board. This subsection does not apply to actions of the
ethics government
18accountability and integrity board or the school district boundary appeal board as
19provided in ss.
19.47 (4) 5.05 (1e) and 117.05 (2) (a).
SB1-ASA3, s. 70
21Section
70. 15.07 (5) (m) of the statutes is created to read:
SB1-ASA3,33,2322
15.07
(5) (m) Members of the government accountability and integrity board,
23$150 per day.
SB1-ASA3,34,3
115.60 Government accountability and integrity board; creation. (1) 2There is created a government accountability and integrity board consisting of 7
3persons. Members shall serve for 4-year terms.
SB1-ASA3,34,9
4(2) (a) All members of the board shall be appointed from nominations
5submitted to the governor by a nominating committee to be called the governmental
6accountability and integrity candidate committee, which shall consist of one court
7of appeals judge from each of the court of appeals districts. The court of appeals
8judges shall be chosen as members by lot by the chief justice of the supreme court in
9the presence of the other justices of the supreme court.
SB1-ASA3,34,17
10(3) Four members of the board shall have prosecutorial experience, two
11members of the board shall have prior service as a nonpartisan elective official of a
12local governmental unit, as defined in s. 19.42 (7u), and one member of the board
13shall be a retired judge of a court of record in this state. If, as a result of a vacancy
14in the membership of the board, the remaining membership does not satisfy the
15membership requirements of this subsection, no person may be appointed to serve
16as a member if the person's qualifications would not contribute to satisfaction of the
17membership requirements of this subsection.
SB1-ASA3,34,19
18(4) No member may hold another office or position that is a state public office
19or a local public office, as defined in s. 19.42.
SB1-ASA3,34,24
20(5) No member, for one year immediately prior to the date of appointment may
21have been, or while serving on the board may become, a member of a political party,
22an officer or member of a committee in any partisan political club or organization,
23an officer or employee of a registrant under s. 11.05, or a candidate for any partisan
24elective public office.
SB1-ASA3,35,2
1(6) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee
2of a principal, as defined in s. 13.62 (12).
SB1-ASA3,35,10
415.603 Same; specified divisions. (1) Enforcement division. There is
5created in the government accountability and integrity board an enforcement
6division. The enforcement division shall be under the direction and supervision of
7an administrator, who shall be appointed by the board, to serve for a term of not less
8than 4 years nor more than 6 years expiring on September 1 of an odd-numbered
9year. The administrator shall be an attorney licensed to practice law in this state
10who has criminal justice experience.
SB1-ASA3,35,14
11(2) Accountability and integrity division. There is created in the government
12accountability and integrity board an accountability and integrity division. The
13accountability and integrity division shall be under the direction and supervision of
14an administrator, who shall be appointed by the board.
SB1-ASA3,35,17
15(3) Elections division. There is created in the government accountability and
16integrity board an elections division. The elections division shall be under the
17direction and supervision of an administrator, who shall be appointed by the board.
SB1-ASA3, s. 75
19Section
75. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the
20statutes, as renumbered, is amended to read:
SB1-ASA3,36,421
15.607
(1) Election administration council. There is created in the
elections 22government accountability and integrity board an election administration council
23consisting of members appointed by the executive director of the
elections 24government accountability and integrity board, including the clerk or executive
25director of the board of election commissioners of the 2 counties or municipalities in
1this state having the largest population, one or more election officials of other
2counties or municipalities, representatives of organizations that advocate for the
3interests of individuals with disabilities and organizations that advocate for the
4interests of the voting public, and other electors of this state.
SB1-ASA3,36,157
16.79
(2) The department shall distribute in pamphlet form copies of the
8constitution and such laws as may be required to meet the public demand, including
9the election laws. The department shall distribute election manuals, forms
, and
10supplies specified by the
elections government accountability and integrity board.
11The laws, manuals, forms
, and supplies shall be sold by the department at cost,
12including distribution cost as determined under s. 35.80. The
elections government
13accountability and integrity board shall inform the department in writing as to
14which election manuals, forms
, and supplies shall be offered for distribution under
15this subsection.
SB1-ASA3, s. 78
16Section
78. 16.96 (3) (b) of the statutes is amended to read: