SB365,18,7
72. Each verified petition
under subd. 1. shall state
that all of the following:
SB365,18,9
8a. That at the election the petitioner was a candidate for the office in question
9or that
he or she the petitioner voted on the referendum question in issue
; that.
SB365,18,13
10b. That the petitioner is informed and believes that a mistake or fraud has been
11committed in a specified ward or municipality in the counting and return of the votes
12cast for the office or upon the question
; or
shall specify any other that another
13specified defect, irregularity
, or illegality
occurred in the conduct of the election.
SB365,18,16
143. The petition
under subd. 1. shall specify each ward, or each municipality
15where no wards exist, in which a recount is desired. If a recount is requested for all
16wards within a jurisdiction, each ward need not be specified.
SB365,18,23
174. The petition
under subd. 1. may be amended to include information
18discovered as a result of the investigation of the board of canvassers or the
19chairperson of the board
, or chairperson's designee
, after the filing of the petition
, if
20the petitioner moves to amend the petition as soon as possible after the petitioner
21discovered discovers, or reasonably should have discovered
, the information
which 22that is the subject of the amendment and
if the petitioner was unable to include
the 23information in the original petition.
Note: Subdivides long provision and adds specific references for improved
readability. Corrects punctuation. Replaces "request" with "petition for" for internal
consistency. Replaces "discovered" with "discovers" and "which" with "that" to correct
grammar. Reorders text in subd. 2. b. to correct sentence agreement.
SB365, s. 33
1Section
33. 9.01 (1) (b) 3. of the statutes is amended to read:
SB365,19,52
9.01
(1) (b) 3.
They The board of canvassers shall then examine the container
3or bag containing the ballots to be certain it has not been tampered with, opened, or
4opened and resealed. Any irregularities or possible tampering with the container or
5bag shall be noted.
Note: Inserts specific reference.
SB365, s. 34
6Section
34. 9.01 (1) (b) 4. of the statutes is renumbered 9.01 (1) (b) 4. a. and
7amended to read:
SB365,19,128
9.01
(1) (b) 4. a. When the container or bag has been checked, it shall be opened
9and the contents removed. The board of canvassers shall, without examination other
10than
what is necessary to determine that each is a single ballot, count the number
11of ballots
therein in the container or bag, excluding ballots removed under s. 7.51 (2)
12(e).
Then
SB365,20,2
13b. The board of canvassers shall then, for each opened absentee ballot envelope
14that was laid aside as defective under subd. 2.,
the board of canvassers shall, without
15inspection, randomly draw one absentee ballot from the container or bag. In
16differentiating absentee ballots from other ballots, the board of canvassers shall
17presume that a ballot initialed only by the municipal clerk, the executive director of
18the board of election commissioners
, or a deputy clerk or secretary is an absentee
19ballot. If there are more defective absentee ballot envelopes than there are probable
20absentee ballots, all of the probable absentee ballots shall be removed from the
21container or bag. Additional ballots shall be removed only if the number of remaining
22ballots still exceeds the number of voting electors recorded under subd. 1., reduced
23by the number of defective envelopes set aside under subd. 2. All ballots removed
1shall not be counted, but shall be marked as to the reason for their removal, set aside
2and carefully preserved.
SB365,20,6
3c. If
, after completing the steps set forth in subd. 4. b., the number of ballots
4still exceeds the number of voters, the board of canvassers shall place all ballots face
5up to check for blank ballots. Any blank ballots shall be so marked, set aside and
6carefully preserved.
SB365,20,16
7d. If
, after completing the steps set forth in subd. 4. c., the number of ballots
8still exceeds the number of voters reduced by the number of defective envelopes set
9aside under subd. 2., the board of canvassers shall place all ballots face down to check
10the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot
11not properly initialed by the municipal clerk, the executive director of the board of
12election commissioners
, or a deputy clerk or secretary shall be temporarily set aside
13and the board of canvassers shall, without inspection, randomly draw from these
14ballots as many as are necessary to reduce the number of ballots to equal the number
15of voters. Any ballots removed for lack of initials shall not be counted but shall be
16marked, set aside and carefully preserved.
SB365,20,24
17e. If
, after completing the steps set forth in subd. 4. d., the number of ballots
18still exceeds the number of voters reduced by the number of defective envelopes set
19aside under subd. 2., the remaining ballots shall be returned to the container or bag
20and the board of canvassers shall draw a number of ballots equal to the excess
21number of ballots by chance and without inspection from the container or bag. These
22ballots shall not be counted but shall be marked as having been removed by the
23canvassers on recount due to an excess number of ballots, set aside and carefully
24preserved.
Note: Subdivides long provision, reorganizes text, and moves "then" for improved
readability and internal consistency within s. 9.01 (1) (b).
SB365, s. 35
1Section
35. 9.01 (8) of the statutes is amended to read:
SB365,21,42
9.01
(8) (a) Unless the court finds a ground for setting aside or modifying the
3determination of the board of canvassers or the chairperson of the board or
4chairperson's designee, it shall affirm the determination.
SB365,21,6
5(b) The court shall separately treat disputed issues of procedure,
6interpretations of law
, and findings of fact.
SB365,21,18
7(c) The court may not receive evidence not offered to the board of canvassers
8or the chairperson or chairperson's designee except for evidence that was
9unavailable to a party exercising due diligence at the time of the recount or newly
10discovered evidence that could not with due diligence have been obtained during the
11recount, and except that the court may receive evidence not offered at an earlier time
12because a party was not represented by counsel in all or part of a recount proceeding.
13A party who fails to object or fails to offer evidence of a defect or irregularity during
14the recount waives the right to object or offer evidence before the court except in the
15case of evidence that was unavailable to a party exercising due diligence at the time
16of the recount or newly discovered evidence that could not with due diligence have
17been obtained during the recount or evidence received by the court due to
18unavailability of counsel during the recount.
SB365,22,5
19(d) The court shall set aside or modify the determination
of the board of
20canvassers or the chairperson of the board or chairperson's designee if it finds that
21the board of canvassers or the chairperson or chairperson's designee has erroneously
22interpreted a provision of law and a correct interpretation compels a particular
23action. If the determination depends on any fact found by the board of canvassers
1or the chairperson or chairperson's designee, the court may not substitute its
2judgment for that of the board of canvassers or the chairperson or designee as to the
3weight of the evidence on any disputed finding of fact. The court shall set aside the
4determination if it finds that the determination depends on any finding of fact that
5is not supported by substantial evidence.
Note: Subdivides long provision and inserts specific reference.
SB365, s. 36
6Section
36. 10.51 (intro.) (except 10.51 (title)) of the statutes is renumbered
710.51 (1g).
Note: Section 10.51 (intro.) is not introductory to the subsections in s. 10.51, but
contains discrete and separate subject matter, and is renumbered accordingly. See also
the next section of this bill.
SB365, s. 37
8Section
37. 10.51 (1) of the statutes is renumbered 10.51 (1r) and amended to
9read:
SB365,22,1210
10.51
(1r) All the listings contained in this subchapter relate to other
11provisions of the statutes
which that are referred to in each paragraph of these
12listings.
Note: Accommodates the renumbering of s. 10.51 (intro.) by the previous section
of this bill.
SB365, s. 38
13Section
38. 10.53 (intro.) (except 10.53 (title)) of the statutes is renumbered
1410.53 (1g) and amended to read:
SB365,22,1915
10.53
(1g) In preparing each edition of the statutes for publication the revisor
16shall, if the revisor finds that a conflict exists between the listings in ss. 10.62 to 10.82
17and the substantive statutes to which
such those sections refer, correct the listing in
18this subchapter to properly reflect the intent of
said
the substantive statute or of the
19act of the legislature on which the substantive statute is based.
Note: Section 10.53 (intro.) is not introductory to the subsections in s. 10.53, but
contains discrete and separate subject matter, and is renumbered accordingly. See also
the next section of this bill. Replaces disfavored terms.
SB365, s. 39
1Section
39. 10.53 (1) of the statutes is renumbered 10.53 (1r) and amended to
2read:
SB365,23,53
10.53
(1r) For any correction made by the revisor under the authority of this
4section, the revisor shall prepare a note explaining the correction
and such note that 5shall be printed with the affected listing in this subchapter.
Note: Accommodates the renumbering of s. 10.53 (intro.) by the previous section
of this bill. Replaces disfavored term.
SB365, s. 40
6Section
40. 10.62 (intro.) of the statutes is amended to read:
SB365,23,10
710.62 Elections board; spring primary and election. (intro.) The
8following subsections set forth, in chronological order, dates relating to the spring
9primary and election or occurrences during the spring period
which that affect the
10elections board
.:
Note: Corrects punctuation.
SB365, s. 41
11Section
41. 10.64 (intro.) of the statutes is amended to read:
SB365,23,14
1210.64 County clerk; spring primary and election. (intro.) The following
13subsections set forth, in chronological order, dates relating to the spring primary and
14election or occurrences during the spring period
which
that affect the county clerk
.:
Note: Corrects punctuation.
SB365, s. 42
15Section
42. 10.66 (intro.) of the statutes is amended to read:
SB365,23,19
1610.66 Municipal clerk and governing body; spring primary and
17election. (intro.) The following subsections set forth, in chronological order, dates
18relating to the spring primary and election occurrences during the spring primary
19which that affect the municipal clerk and governing body
.:
Note: Corrects punctuation.
SB365, s. 43
20Section
43. 10.68 (intro.) of the statutes is amended to read:
SB365,24,3
110.68 Candidates; spring primary and election. (intro.) The following
2subsections set forth, in chronological order, dates relating to the spring primary and
3election or occurrences during the spring period
which
that affect the candidates
.:
Note: Corrects punctuation.
SB365, s. 44
4Section
44. 10.70 (intro.) of the statutes is amended to read:
SB365,24,8
510.70 Public and general provisions; spring primary and election. 6(intro.) The following subsections set forth, in chronological order, dates relating to
7the spring primary and election or occurrences during the spring period
which that 8affect the public
.:
Note: Corrects punctuation.
SB365, s. 45
9Section
45. 10.72 (intro.) of the statutes is amended to read:
SB365,24,13
1010.72 Elections board; September primary and general election. 11(intro.) The following subsections set forth, in chronological order, dates relating to
12the September primary and general election or occurrences during the fall period
13which that affect the elections board
.:
Note: Corrects punctuation.
SB365, s. 46
14Section
46. 10.74 (intro.) of the statutes is amended to read:
SB365,24,18
1510.74 County clerk; September primary and general election. (intro.)
16The following subsections set forth, in chronological order, dates relating to the
17September primary and general election or occurrences during the fall period
which 18that affect the county clerk
.:
Note: Corrects punctuation.
SB365, s. 47
19Section
47. 10.76 (intro.) of the statutes is amended to read:
SB365,25,2
2010.76 Municipal clerk and governing body; September primary and
21general election. (intro.) The following subsections set forth, in chronological
1order, dates relating to the September primary and general election or occurrences
2during the fall period
which that affect the municipal clerk and governing body
.:
Note: Corrects punctuation.
SB365, s. 48
3Section
48. 10.78 (intro.) of the statutes is amended to read:
SB365,25,7
410.78 Candidates; September primary and general election. (intro.)
5The following subsections set forth, in chronological order, dates relating to the
6September primary and general election or occurrences during the fall period
which 7that affect the candidates
.:
Note: Corrects punctuation.
SB365, s. 49
8Section
49. 10.80 (intro.) of the statutes is amended to read:
SB365,25,12
910.80 Public and general provisions; September primary and general
10election. (intro.) The following subsections set forth, in chronological order, dates
11relating to the September primary and general election or occurrences during the fall
12period
which that affect the public
.:
Note: Corrects punctuation.
SB365, s. 50
13Section
50. 13.482 (2) (a) of the statutes is amended to read:
SB365,26,1914
13.482
(2) (a) For the purpose of providing housing for state departments and
15agencies, including housing for state offices and the completion of the state office
16building, and to enable the construction, financing and ultimate acquisition thereof
17by the state, the building commission may acquire any necessary lands, and lease
18and re-lease any lands owned by the state and available for the purpose to the
19Wisconsin State Public Building Corporation or other nonstock corporation
20organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
21The lease and re-lease shall be for a term or terms not exceeding 50 years each and
22shall be made on the condition that such corporation shall construct and provide on
1such leased lands such building projects, including buildings, improvements,
2facilities or equipment or other capital items, as the building commission requires,
3and shall re-lease the same to the building commission upon satisfactory terms as
4to the rental, maintenance and ultimate acquisition by the state as is in its best
5interests in the judgment of the building commission. After such leases and
6re-leases are executed and until the projects are acquired by the state, they shall be
7operated by the building commission through the department of administration,
8which shall have charge of such property as provided in
s. ss. 16.85
and 16.8511. The
9building commission shall operate the projects in such manner as to provide
10revenues therefrom sufficient to pay the costs of operation and maintenance of the
11project and to provide for the payments due the Wisconsin State Public Building
12Corporation or other nonstock, nonprofit corporation but if the building commission
13finds and declares that the housing available in any such project is in excess of the
14current housing needs or requirements of the state departments and agencies
15occupying or availing themselves of the space in or capacity of such project, the
16building commission need not operate such project in a manner to provide revenues
17therefrom sufficient to pay the costs of operation and maintenance of the project and
18to provide for the rental payments due the Wisconsin State Public Building
19Corporation or other nonstock, nonprofit corporation.
Note: Section 16.85 (8) and (11) are renumbered 16.8511 (1) and (2) by this bill.
SB365, s. 51
20Section
51. 13.55 (1) (a) of the statutes is renumbered 13.55 (1) (a) 1. (intro.)
21and amended to read:
SB365,27,222
13.55
(1) (a) 1. (intro.) There is created a 9-member commission on uniform
23state laws to advise the legislature with regard to uniform laws and model laws.
1Except as provided under par. (b), the commission shall consist of
the all of the
2following:
SB365,27,4
3a. The director of the legislative council staff or a professional employee of the
4legislative council staff designated by the director
, the.
SB365,27,6
5b. The chief of the legislative reference bureau or a professional employee under
6s. 13.92 (1) (b) designated by the chief
, the.
SB365,27,7
7c. The revisor of statutes
, 2.
SB365,27,9
8d. Two senators and 2 representatives to the assembly from the 2 major political
9parties appointed as are members of standing committees for 2-year terms
, and 2.
SB365,27,10
10e. Two public members appointed by the governor for 4-year terms.
SB365,27,14
112. The terms of members appointed by the governor or by the legislature shall
12expire on May 1 of an odd-numbered year. The members, other than the appointees
13of the governor or of the legislature, may each designate an employee to represent
14them at any meeting of the conference under sub. (3).
Note: Subdivides provision by placing list in tabular form.
SB365, s. 52
15Section
52. 13.93 (2) (j) of the statutes is amended to read:
SB365,28,316
13.93
(2) (j) In cooperation with the law revision committee, systematically
17examine and identify for revision by the legislature the statutes and session laws to
18eliminate defects, anachronisms, conflicts, ambiguities
, and unconstitutional or
19obsolete provisions.
The revisor shall complete the initial examination of the
20statutes within 10 years after July 1, 1980. The revisor shall prepare and
, at each
21session of the legislature
, present to the law revision committee bills that eliminate
22such identified defects, anachronisms, conflicts, ambiguities
, and unconstitutional
23or obsolete provisions. These bills may include minor substantive changes in the
24statutes and session laws necessary to accomplish
such
the purposes
of this
1paragraph. The revisor may resubmit to the law revision committee in subsequent
2sessions of the legislature any bill prepared under this paragraph
which that was not
3enacted.
Note: Deletes obsolete direction. Inserts specific references. Corrects
punctuation.
SB365, s. 53
4Section
53. 15.06 (2) (intro.) and (a) of the statutes are consolidated,
5renumbered 15.06 (2) and amended to read:
SB365,28,146
15.06
(2) Selection of officers. Each commission may annually elect officers
7other than a chairperson from among its members as its work requires. Any officer
8may be reappointed or reelected. At the time of making new nominations to
9commissions, the governor shall designate a member or nominee of each commission
10to serve as the commission's chairperson for a 2-year term expiring on March 1 of
11the odd-numbered year except that
: (a) Commencing March 1, 1979, and thereafter, 12the labor and industry review commission shall elect one of its members to serve as
13the commission's chairperson for a 2-year term expiring on March 1 of the
14odd-numbered year.
Note: There are no other paragraphs in s. 15.06 (2). Eliminates an obsolete
transition provision.
SB365, s. 54
15Section
54. 15.135 (4) (b) (intro.) of the statutes is amended to read:
SB365,28,1716
15.135
(4) (b)
Members. (intro.) The board consists of
all of the following
17members:
Note: Conforms form of introductory provision to current style.
SB365, s. 55
18Section
55. 15.135 (4) (b) 1. of the statutes is amended to read:
SB365,28,2019
15.135
(4) (b) 1. The secretaries of administration,
of natural resources
, and
of 20agriculture, trade and consumer protection or their designees
;.
Note: Corrects punctuation.
SB365, s. 56
21Section
56. 15.135 (4) (b) 2. of the statutes is amended to read:
SB365,29,3
115.135
(4) (b) 2. Three members of county land conservation committees
2designated biennially by the county land conservation committees at their annual
3meeting in even-numbered years, appointed for 2-year terms
; and.