SB365: Bill Text

SB365,18,13 b. 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 that another specified defect, irregularity, or illegality occurred in the conduct of the election.

SB365,18,16 3. The petition under subd. 1. 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.

SB365,18,23 4. The petition under subd. 1. 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 discovers, or reasonably should have discovered, the information which that is the subject of the amendment and if the petitioner was unable to include the information 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 Section 33. 9.01 (1) (b) 3. of the statutes is amended to read:

SB365,19,5 9.01 (1) (b) 3. They The board of canvassers shall then examine the container or bag containing the ballots to be certain it has not been tampered with, opened, or opened and resealed. Any irregularities or possible tampering with the container or bag shall be noted.

Note: Inserts specific reference.

SB365, s. 34 Section 34. 9.01 (1) (b) 4. of the statutes is renumbered 9.01 (1) (b) 4. a. and amended to read:

SB365,19,12 9.01 (1) (b) 4. a. When the container or bag has been checked, it shall be opened and the contents removed. The board of canvassers shall, without examination other than what is necessary to determine that each is a single ballot, count the number of ballots therein in the container or bag, excluding ballots removed under s. 7.51 (2) (e). Then

SB365,20,2 b. The board of canvassers shall then, for each opened absentee ballot envelope that was laid aside as defective under subd. 2., the board of canvassers shall, without inspection, randomly draw one absentee ballot from the container or bag. In differentiating absentee ballots from other ballots, the board of canvassers shall presume that a ballot initialed only by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary is an absentee ballot. If there are more defective absentee ballot envelopes than there are probable absentee ballots, all of the probable absentee ballots shall be removed from the container or bag. Additional ballots shall be removed only if the number of remaining ballots still exceeds the number of voting electors recorded under subd. 1., reduced by the number of defective envelopes set aside under subd. 2. All ballots removed shall not be counted, but shall be marked as to the reason for their removal, set aside and carefully preserved.

SB365,20,6 c. If, after completing the steps set forth in subd. 4. b., the number of ballots still exceeds the number of voters, the board of canvassers shall place all ballots face up to check for blank ballots. Any blank ballots shall be so marked, set aside and carefully preserved.

SB365,20,16 d. If, after completing the steps set forth in subd. 4. c., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the board of canvassers shall place all ballots face down to check the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot not properly initialed by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary shall be temporarily set aside and the board of canvassers shall, without inspection, randomly draw from these ballots as many as are necessary to reduce the number of ballots to equal the number of voters. Any ballots removed for lack of initials shall not be counted but shall be marked, set aside and carefully preserved.

SB365,20,24 e. If, after completing the steps set forth in subd. 4. d., the number of ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2., the remaining ballots shall be returned to the container or bag and the board of canvassers shall draw a number of ballots equal to the excess number of ballots by chance and without inspection from the container or bag. These ballots shall not be counted but shall be marked as having been removed by the canvassers on recount due to an excess number of ballots, set aside and carefully preserved.

Note: Subdivides long provision, reorganizes text, and moves "then" for improved readability and internal consistency within s. 9.01 (1) (b).

SB365, s. 35 Section 35. 9.01 (8) of the statutes is amended to read:

SB365,21,4 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the chairperson of the board or chairperson's designee, it shall affirm the determination.

SB365,21,6 (b) The court shall separately treat disputed issues of procedure, interpretations of law, and findings of fact.

SB365,21,18 (c) The court may not receive evidence not offered to the board of canvassers or the chairperson or chairperson's designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

SB365,22,5 (d) The court shall set aside or modify the determination of the board of canvassers or the chairperson of the board or chairperson's designee if it finds that the board of canvassers or the chairperson or chairperson's designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the chairperson or chairperson's designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

Note: Subdivides long provision and inserts specific reference.

SB365, s. 36 Section 36. 10.51 (intro.) (except 10.51 (title)) of the statutes is renumbered 10.51 (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 Section 37. 10.51 (1) of the statutes is renumbered 10.51 (1r) and amended to read:

SB365,22,12 10.51 (1r) All the listings contained in this subchapter relate to other provisions of the statutes which that are referred to in each paragraph of these listings.

Note: Accommodates the renumbering of s. 10.51 (intro.) by the previous section of this bill.

SB365, s. 38 Section 38. 10.53 (intro.) (except 10.53 (title)) of the statutes is renumbered 10.53 (1g) and amended to read:

SB365,22,19 10.53 (1g) In preparing each edition of the statutes for publication the revisor shall, if the revisor finds that a conflict exists between the listings in ss. 10.62 to 10.82 and the substantive statutes to which such those sections refer, correct the listing in this subchapter to properly reflect the intent of said the substantive statute or of the act 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 Section 39. 10.53 (1) of the statutes is renumbered 10.53 (1r) and amended to read:

SB365,23,5 10.53 (1r) For any correction made by the revisor under the authority of this section, the revisor shall prepare a note explaining the correction and such note that shall 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 Section 40. 10.62 (intro.) of the statutes is amended to read:

SB365,23,10 10.62 Elections board; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period which that affect the elections board.:

Note: Corrects punctuation.

SB365, s. 41 Section 41. 10.64 (intro.) of the statutes is amended to read:

SB365,23,14 10.64 County clerk; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period which that affect the county clerk.:

Note: Corrects punctuation.

SB365, s. 42 Section 42. 10.66 (intro.) of the statutes is amended to read:

SB365,23,19 10.66 Municipal clerk and governing body; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election occurrences during the spring primary which that affect the municipal clerk and governing body.:

Note: Corrects punctuation.

SB365, s. 43 Section 43. 10.68 (intro.) of the statutes is amended to read:

SB365,24,3 10.68 Candidates; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period which that affect the candidates.:

Note: Corrects punctuation.

SB365, s. 44 Section 44. 10.70 (intro.) of the statutes is amended to read:

SB365,24,8 10.70 Public and general provisions; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period which that affect the public.:

Note: Corrects punctuation.

SB365, s. 45 Section 45. 10.72 (intro.) of the statutes is amended to read:

SB365,24,13 10.72 Elections board; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period which that affect the elections board.:

Note: Corrects punctuation.

SB365, s. 46 Section 46. 10.74 (intro.) of the statutes is amended to read:

SB365,24,18 10.74 County clerk; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period which that affect the county clerk.:

Note: Corrects punctuation.

SB365, s. 47 Section 47. 10.76 (intro.) of the statutes is amended to read:

SB365,25,2 10.76 Municipal clerk and governing body; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period which that affect the municipal clerk and governing body.:

Note: Corrects punctuation.

SB365, s. 48 Section 48. 10.78 (intro.) of the statutes is amended to read:

SB365,25,7 10.78 Candidates; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period which that affect the candidates.:

Note: Corrects punctuation.

SB365, s. 49 Section 49. 10.80 (intro.) of the statutes is amended to read:

SB365,25,12 10.80 Public and general provisions; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period which that affect the public .:

Note: Corrects punctuation.

SB365, s. 50 Section 50. 13.482 (2) (a) of the statutes is amended to read:

SB365,26,19 13.482 (2) (a) For the purpose of providing housing for state departments and agencies, including housing for state offices and the completion of the state office building, and to enable the construction, financing and ultimate acquisition thereof by the state, the building commission may acquire any necessary lands, and lease and re-lease any lands owned by the state and available for the purpose to the Wisconsin State Public Building Corporation or other nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50 years each and shall be made on the condition that such corporation shall construct and provide on such leased lands such building projects, including buildings, improvements, facilities or equipment or other capital items, as the building commission requires, and shall re-lease the same to the building commission upon satisfactory terms as to the rental, maintenance and ultimate acquisition by the state as is in its best interests in the judgment of the building commission. After such leases and re-leases are executed and until the projects are acquired by the state, they shall be operated by the building commission through the department of administration, which shall have charge of such property as provided in s. ss. 16.85 and 16.8511. The building commission shall operate the projects in such manner as to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the payments due the Wisconsin State Public Building Corporation or other nonstock, nonprofit corporation but if the building commission finds and declares that the housing available in any such project is in excess of the current housing needs or requirements of the state departments and agencies occupying or availing themselves of the space in or capacity of such project, the building commission need not operate such project in a manner to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the rental payments due the Wisconsin State Public Building Corporation 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 Section 51. 13.55 (1) (a) of the statutes is renumbered 13.55 (1) (a) 1. (intro.) and amended to read:

SB365,27,2 13.55 (1) (a) 1. (intro.) There is created a 9-member commission on uniform state laws to advise the legislature with regard to uniform laws and model laws. Except as provided under par. (b), the commission shall consist of the all of the following:

SB365,27,4 a. The director of the legislative council staff or a professional employee of the legislative council staff designated by the director, the.

SB365,27,6 b. The chief of the legislative reference bureau or a professional employee under s. 13.92 (1) (b) designated by the chief, the.

SB365,27,7 c. The revisor of statutes, 2.

SB365,27,9 d. Two senators and 2 representatives to the assembly from the 2 major political parties appointed as are members of standing committees for 2-year terms, and 2.

SB365,27,10 e. Two public members appointed by the governor for 4-year terms.

SB365,27,14 2. The terms of members appointed by the governor or by the legislature shall expire on May 1 of an odd-numbered year. The members, other than the appointees of the governor or of the legislature, may each designate an employee to represent them at any meeting of the conference under sub. (3).

Note: Subdivides provision by placing list in tabular form.

SB365, s. 52 Section 52. 13.93 (2) (j) of the statutes is amended to read:

SB365,28,3 13.93 (2) (j) In cooperation with the law revision committee, systematically examine and identify for revision by the legislature the statutes and session laws to eliminate defects, anachronisms, conflicts, ambiguities, and unconstitutional or obsolete provisions. The revisor shall complete the initial examination of the statutes within 10 years after July 1, 1980. The revisor shall prepare and, at each session of the legislature, present to the law revision committee bills that eliminate such identified defects, anachronisms, conflicts, ambiguities, and unconstitutional or obsolete provisions. These bills may include minor substantive changes in the statutes and session laws necessary to accomplish such the purposes of this paragraph. The revisor may resubmit to the law revision committee in subsequent sessions of the legislature any bill prepared under this paragraph which that was not enacted.

Note: Deletes obsolete direction. Inserts specific references. Corrects punctuation.

SB365, s. 53 Section 53. 15.06 (2) (intro.) and (a) of the statutes are consolidated, renumbered 15.06 (2) and amended to read:

SB365,28,14 15.06 (2) Selection of officers. Each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that: (a) Commencing March 1, 1979, and thereafter, the labor and industry review commission shall elect one of its members to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year.

Note: There are no other paragraphs in s. 15.06 (2). Eliminates an obsolete transition provision.

SB365, s. 54 Section 54. 15.135 (4) (b) (intro.) of the statutes is amended to read:

SB365,28,17 15.135 (4) (b) Members. (intro.) The board consists of all of the following members:

Note: Conforms form of introductory provision to current style.

SB365, s. 55 Section 55. 15.135 (4) (b) 1. of the statutes is amended to read:

SB365,28,20 15.135 (4) (b) 1. The secretaries of administration, of natural resources, and of agriculture, trade and consumer protection or their designees;.

Note: Corrects punctuation.

SB365, s. 56 Section 56. 15.135 (4) (b) 2. of the statutes is amended to read:

SB365,29,3 15.135 (4) (b) 2. Three members of county land conservation committees designated biennially by the county land conservation committees at their annual meeting in even-numbered years, appointed for 2-year terms; and.

Note: Corrects punctuation.

SB365, s. 57 Section 57. 15.435 (1) (a) 1. of the statutes is amended to read: