AB126,56,3
17.10
(4) Resolving notice doubts. When in doubt as to compliance with the
2statutory requirements for election notices or the correct fees to be paid for them, the
3county clerk may consult the
board division.
AB126, s. 107
4Section
107. 7.10 (7) of the statutes is amended to read:
AB126,56,75
7.10
(7) Voter education. Each county clerk shall assist the
board division in
6conducting educational programs under s. 5.05 (12) to inform electors about the
7voting process.
AB126, s. 108
8Section
108. 7.10 (8) of the statutes is amended to read:
AB126,56,119
7.10
(8) Free election information exchange. Each county clerk shall assist
10the
board division and municipal clerks in maintaining toll-free telephone lines and
11other free access systems under s. 5.05 (13) for exchange of voting information.
AB126, s. 109
12Section
109. 7.10 (9) of the statutes is amended to read:
AB126,56,1413
7.10
(9) Training of election officials. Each county clerk shall assist the
14board division in the training of election officials under s. 5.05 (7).
AB126, s. 110
15Section
110. 7.10 (10) of the statutes is amended to read:
AB126,56,1716
7.10
(10) Information to board division. Each county clerk shall provide to the
17board division any information requested under s. 5.05 (14).
AB126, s. 111
18Section
111. 7.15 (1) (e) of the statutes is amended to read:
AB126,57,219
7.15
(1) (e) Train election officials in their duties, calling them together
20whenever advisable, advise them of changes in laws, rules and procedures affecting
21the performance of their duties, and administer examinations as authorized under
22s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules
23promulgated by the
board division under ss. 7.31 and 7.315. The clerk shall assure
24that officials who serve at polling places where an electronic voting system is used
25are familiar with the system and competent to instruct electors in its proper use. The
1clerk shall inspect systematically and thoroughly the conduct of elections in the
2municipality so that elections are honestly, efficiently and uniformly conducted.
AB126, s. 112
3Section
112. 7.15 (1) (L) of the statutes is amended to read:
AB126,57,84
7.15
(1) (L) Compile and, no later than 7 days after each general election,
5transmit to the
board division the lists of electors registering to vote under ss. 6.29
6(2) (a), 6.55 (2) (b) and (c) 1. and 6.86 (3) (a) 2. who presented valid drivers' licenses
7issued by other states. The clerk shall withhold access to the lists from inspection or
8copying under s. 19.35 (1).
AB126, s. 113
9Section
113. 7.15 (1m) of the statutes is amended to read:
AB126,57,1210
7.15
(1m) Attend training. Each municipal clerk shall, at least once every 2
11years, attend a training program sponsored by the
board division under ss. 7.31 and
127.315.
AB126, s. 114
13Section
114. 7.15 (8) of the statutes is amended to read:
AB126,57,1614
7.15
(8) Resolving notice doubts. When in doubt as to compliance with the
15statutory requirements for election notices or the correct fees to be paid for them, the
16municipal clerk may consult the
board division.
AB126, s. 115
17Section
115. 7.15 (9) of the statutes is amended to read:
AB126,57,2018
7.15
(9) Voter education. Each municipal clerk shall assist the
board division 19in conducting educational programs under s. 5.05 (12) to inform electors about the
20voting process.
AB126, s. 116
21Section
116. 7.15 (10) of the statutes is amended to read:
AB126,57,2422
7.15
(10) Free election information exchange. Each municipal clerk shall
23assist the
board division in maintaining toll-free telephone lines and any other free
24access systems under s. 5.05 (13) for exchange of voting information.
AB126, s. 117
25Section
117. 7.15 (13) of the statutes is amended to read:
AB126,58,2
17.15
(13) Information to board division. Each municipal clerk shall provide
2to the
board division any information requested under s. 5.05 (14).
AB126, s. 118
3Section
118. 7.30 (2) (c) of the statutes is amended to read:
AB126,58,94
7.30
(2) (c) The governing body of any municipality may require all persons
5serving as election officials to prove their ability to read and write English and to
6have a general knowledge of the election laws. Examinations may be given to prove
7the qualifications can be met. The municipal clerk shall ensure that all training
8meets the training requirements prescribed in rules promulgated by the
board 9division under ss. 7.31 and 7.315.
AB126, s. 119
10Section
119. 7.30 (4) (e) of the statutes is amended to read:
AB126,58,1511
7.30
(4) (e) If an appointing authority believes that, for good cause, it should
12not appoint an individual whose name is submitted as a first choice nominee under
13par. (b), it may request the
board division to authorize nonappointment. The
board 14division may permit nonappointment of an individual for cause demonstrated by an
15appointing authority.
AB126, s. 120
16Section
120. 7.30 (6) (b) of the statutes is amended to read:
AB126,59,317
7.30
(6) (b) Prior to the first election following the appointment of the
18inspectors, the municipal clerk shall appoint one of the inspectors at each polling
19place, other than an inspector who is appointed under sub. (1) (b), to serve as chief
20inspector. No person may serve as chief inspector at any election who is not certified
21by the
board division under s. 7.31 at the time of the election. The chief inspector
22shall hold the position for the remainder of the term unless the inspector is removed
23by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever
24wards are combined or separated under s. 5.15 (6) (b), the municipal clerk shall
25appoint another inspector who is certified under s. 7.31 to serve as chief inspector at
1each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position
2of chief inspector at any polling place, the municipal clerk shall appoint one of the
3other inspectors who is certified under s. 7.31 to fill the vacancy.
AB126, s. 121
4Section
121. 7.31 (1) of the statutes is amended to read:
AB126,59,85
7.31
(1) The
board division shall, by rule, prescribe requirements for
6certification of individuals to serve as chief inspectors. The requirements shall
7include a requirement to attend at least one training session held under sub. (5)
8before beginning service. The requirements shall not include taking an examination.
AB126, s. 122
9Section
122. 7.31 (2) of the statutes is amended to read:
AB126,59,1210
7.31
(2) No individual may serve as a chief inspector at a polling place in an
11election unless the individual is certified by the
board division to hold that office on
12the date of the election at which the individual serves.
AB126, s. 123
13Section
123. 7.31 (3) of the statutes is amended to read:
AB126,59,1614
7.31
(3) The
board division shall, upon application, issue certificates to
15qualified individuals who meet the requirements to be certified as chief inspectors.
16Each certificate shall carry an expiration date.
AB126, s. 124
17Section
124. 7.31 (4) of the statutes is amended to read:
AB126,59,2318
7.31
(4) The
board division shall require each individual to whom a certificate
19is issued under this section to meet requirements to maintain that certification. The
20requirements shall include a requirement to attend at least one training session held
21under sub. (5) every 2 years. The
board division shall renew the certificate of any
22individual who requests renewal and who meets the requirements prescribed under
23this subsection.
AB126, s. 125
24Section
125. 7.31 (5) of the statutes is amended to read:
AB126,60,5
17.31
(5) The
board division shall conduct regular training programs to ensure
2that individuals who are certified by the
board division under this section are
3knowledgeable concerning their authority and responsibilities. The
board division 4shall pay all costs required to conduct the training programs from the appropriation
5under s.
20.510 (1) 20.575 (2) (bm).
AB126, s. 126
6Section
126. 7.315 (1) (a) of the statutes is amended to read:
AB126,60,107
7.315
(1) (a) The
board division shall, by rule, prescribe the contents of the
8training that municipal clerks must provide to inspectors, other than chief
9inspectors, to special voting deputies appointed under s. 6.875, and to special
10registration deputies appointed under ss. 6.26 and 6.55 (6).
AB126, s. 127
11Section
127. 7.315 (2) of the statutes is amended to read:
AB126,60,1712
7.315
(2) The
board division shall, by rule, prescribe requirements for, and the
13content of, training required of municipal clerks under s. 7.15 (1m). The
board 14division may provide such training directly or arrange for such training to be
15provided by other organizations. The rules shall provide a method for notifying the
16relevant municipal governing body if a municipal clerk fails to attend required
17training.
AB126, s. 128
18Section
128. 7.315 (3) of the statutes is amended to read:
AB126,60,2219
7.315
(3) The
board division may produce and periodically reissue as necessary
20a video program for the purpose of training election officials, including special voting
21deputies and special registration deputies. The
board
division shall make any such
22program available for viewing electronically through an Internet-based system.
AB126, s. 129
23Section
129. 7.38 (5) of the statutes is amended to read:
AB126,61,3
17.38
(5) In the event of failure to file the name of a current state chairperson,
2as required under s. 8.17 (12), the
board division may not recognize the state
3committee for the purpose of filling vacancies under sub. (1).
AB126, s. 130
4Section
130. 7.41 (5) of the statutes is amended to read:
AB126,61,85
7.41
(5) The
board division may promulgate rules that are consistent with the
6requirements of sub. (2) regarding the proper conduct of individuals exercising the
7right under sub. (1), including the interaction of those individuals with inspectors
8and other election officials.
AB126, s. 131
9Section
131. 7.52 (1) (a) of the statutes is amended to read:
AB126,62,210
7.52
(1) (a) The governing body of any municipality may provide by ordinance
11that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
12municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall
13canvass all absentee ballots at all elections held in the municipality. Prior to
14enacting an ordinance under this subsection, the municipal clerk or board of election
15commissioners of the municipality shall notify the
board division in writing of the
16proposed enactment and shall consult with the
board
division concerning
17administration of this section. At every election held in the municipality following
18enactment of an ordinance under this subsection, the board of absentee ballot
19canvassers shall, any time after the opening of the polls and before 10 p.m. on election
20day, publicly convene to count the absentee ballots for the municipality. The
21municipal clerk shall give at least 48 hours' notice of any meeting under this
22subsection. Any member of the public has the same right of access to a meeting of
23the municipal board of absentee ballot canvassers under this subsection that the
24individual would have under s. 7.41 to observe the proceedings at a polling place. The
1board of absentee ballot canvassers may order the removal of any individual
2exercising the right to observe the proceedings if the individual disrupts the meeting.
AB126, s. 132
3Section
132. 7.60 (4) (a) and (5) (a) and (b) of the statutes are amended to read:
AB126,62,234
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
5showing the numbers of votes cast for the offices of president and vice president; state
6officials; U.S. senators and representatives in congress; state legislators; justice;
7court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
8commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
9municipal judge elected under s. 755.01 (4) serves a municipality that is located
10partially within the county and candidates for that judgeship file nomination papers
11in another county, the board of canvassers shall prepare a duplicate statement
12showing the numbers of votes cast for that judgeship in that county for transmittal
13to the other county. For partisan candidates, the statements shall include the
14political party or principle designation, if any, next to the name of each candidate.
15The board of canvassers shall also prepare a statement showing the results of any
16county, technical college district or statewide referendum. Each statement shall
17state the total number of votes cast in the county for each office; the names of all
18persons for whom the votes were cast, as returned; the number of votes cast for each
19person; and the number of votes cast for and against any question submitted at a
20referendum. The board of canvassers shall use one copy of each duplicate statement
21to report to the
elections board division, technical college district board or board of
22canvassers of any other county and shall file the other statement in the office of the
23county clerk or board of election commissioners.
AB126,63,16
24(5) (a) Immediately following the canvass, the county clerk shall deliver or send
25to the
elections board division, by 1st class mail, a certified copy of each statement
1of the county board of canvassers for president and vice president, state officials,
2senators and representatives in congress, state legislators, justice, court of appeals
3judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if
4the commissioners are elected under s. 200.09 (11) (am). The statement shall record
5the returns for each office or referendum by ward, unless combined returns are
6authorized under s. 5.15 (6) (b) in which case the statement shall record the returns
7for each group of combined wards. Following primaries the county clerk shall enclose
8on forms prescribed by the
elections board division the names, party or principle
9designation, if any, and number of votes received by each candidate recorded in the
10same manner. The county clerk shall deliver or transmit the certified statement to
11the
elections board division no later than 7 days after each primary except the
12September primary, no later than 10 days after the September primary and any other
13election except the general election, and no later than 14 days after the general
14election. The board of canvassers shall deliver or transmit a certified copy of each
15statement for any technical college district referendum to the secretary of the
16technical college district board.
AB126,64,217
(b) If the board of canvassers becomes aware of a material mistake in the
18canvass of an election for state or national office or a statewide or technical college
19district referendum prior to the close of business on the day the
elections board 20division receives returns from the last county board of canvassers with respect to
21that canvass, the board of canvassers may petition the
elections board division to
22reopen and correct the canvass. The
elections board
division shall direct the canvass
23to be reopened and corrected if it determines that the public interest so requires. If
24the
elections board division directs the canvass to be reopened, the board of
25canvassers shall reconvene and transmit a certified corrected copy of the canvass
1statement to the
elections board division or secretary of the technical college district
2board.
AB126, s. 133
3Section
133. 7.70 (1) (a) and (b), (3) (a), (b), (c), (d), (e) (intro.), (g), (h) and (i)
4and (5) (a) and (b) of the statutes are amended to read:
AB126,64,75
7.70
(1) (a) Upon receipt of the certified statements from the county clerks, the
6elections board division shall record the election results by counties and file and
7carefully preserve the statements.
AB126,64,148
(b) If any county clerk fails or neglects to forward any statements, the
elections
9board division may require the clerk to do so immediately and if not received by the
108th day after a primary, or by the 11th day after any other election, the
elections
11board division may dispatch a special messenger to obtain them. Whenever it
12appears upon the face of any statement that an error has been made in reporting or
13computing, the
elections board division may return it to the county clerk for
14correction.
AB126,64,21
15(3) (a) The
chairperson of the board or a designee of the chairperson appointed
16by the chairperson to canvass a specific election division shall publicly canvass the
17returns and make
his or her its certifications and determinations on or before the 2nd
18Tuesday following a spring primary, the 15th day of May following a spring election,
19the 3rd Wednesday following a September primary, the first day of December
20following a general election, the 2nd Thursday following a special primary, or within
2118 days after any special election.
AB126,65,722
(b) The
chairperson of the board or the chairperson's designee division shall
23examine the certified statements of the county boards of canvassers. If it appears
24that any material mistake has been made in the computation of votes, or any county
25board of canvassers failed to canvass the votes or omitted votes from any ward or
1election district in the county, the
chairperson of the board or the chairperson's
2designee division may dispatch a messenger to the county clerk with written
3instructions to certify the facts concerning the mistake or the reason why the votes
4were not canvassed. A clerk to whom such instructions are delivered shall
5immediately make a true and full answer, sign it, affix the county seal and deliver
6it to the messenger. The messenger shall deliver it with all possible dispatch to the
7board division.
AB126,65,98
(c) The
chairperson of the board or the chairperson's designee division shall
9conclude the state canvass within 10 days after its commencement.
AB126,65,2010
(d) When the certified statements and returns are received, the
chairperson of
11the board or the chairperson's designee division shall proceed to examine and make
12a statement of the total number of votes cast at any election for the offices involved
13in the election for president and vice president; a statement for each of the offices of
14governor, lieutenant governor, if a primary, and a joint statement for the offices of
15governor and lieutenant governor, if a general election; a statement for each of the
16offices of secretary of state, state treasurer, attorney general, and state
17superintendent; for U.S. senator; representative in congress for each congressional
18district; the state legislature; justice; court of appeals judge; circuit judge; district
19attorney; metropolitan sewerage commission, if the commissioners are elected under
20s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.
AB126,65,2321
(e) (intro.) The
chairperson of the board administrator or the
chairperson's 22administrator's designee shall make a special statement to the
board division as soon
23as possible after the canvass certifying:
AB126,66,1024
(g) Following each primary election, the
chairperson of the board or the
25chairperson's designee administrator shall prepare a statement certifying the
1results of the primary, which shall indicate the names of the persons who have won
2nomination to any state or national office. Following each other election, the
3chairperson of the board or the chairperson's designee
administrator shall prepare
4a statement certifying the results of the election and shall attach to the statement
5a certificate of determination which shall indicate the names of persons who have
6been elected to any state or national office. The
chairperson of the board or the 7chairperson's designee administrator shall likewise prepare a statement and
8certificate for any statewide referendum. The
chairperson of the board 9administrator or the
chairperson's
administrator's designee shall deliver each
10statement and determination to the
board division .
AB126,66,1911
(h) Whenever a referendum question submitted to a vote of the people is
12approved, the
board division shall record it and the secretary of state shall have the
13record bound in the volume containing the original enrolled laws passed at the next
14succeeding session of the legislature and have the record published with the laws
15thereof. Whenever a constitutional amendment or other statewide validating or
16ratifying referendum question which is approved by the people does not expressly
17state the date of effectiveness, it shall become effective at the time the
chairperson
18of the board or the chairperson's designee administrator certifies that the
19amendment or referendum question is approved.
AB126,67,520
(i) The
chairperson of the board or the chairperson's designee division shall
21canvass only regular returns made by the county board of canvassers and shall not
22count or canvass any additional or supplemental returns or statements made by the
23county board or any other board or person. The
chairperson of the board or the
24chairperson's designee division shall not count or canvass any statement or return
25which has been made by the county board of canvassers at any other time than that
1provided in s. 7.60. This provision does not apply to any return made subsequent to
2a recount under s. 9.01, when the return is accepted in lieu of any prior return from
3the same county for the same office; or to a statement given to the
chairperson of the 4board or chairperson's designee division or a messenger sent by the
chairperson or
5designee division to obtain a correction.
AB126,67,22
6(5) (a) The
board division shall record in its office each certified statement and
7determination made by the
chairperson of the board or the chairperson's designee 8division. Immediately after the expiration of the time allowed to file a petition for
9recount, the
board division shall make and transmit to each person declared elected
10a certificate of election under the seal of the
board
division. It shall also prepare
11similar certificates, attested by the
executive director of the board administrator,
12addressed to the U.S. house of representatives, stating the names of those persons
13elected as representatives to the congress from this state. In the case of U.S.
14senators, the
board division shall prepare a certificate of election for the governor's
15signature, and the governor shall sign and affix the great seal of the state and
16transmit the certificate to the president of the U.S. senate. The certificate shall be
17countersigned by the secretary of state. If a person elected was elected to fill a
18vacancy, the certificate shall so state. When a valid petition for recount is filed, the
19chairperson of the board or the chairperson's designee
administrator may not certify
20a nomination, and the governor or
board division may not issue a certificate of
21election until the recount has been completed and the time allowed for filing an
22appeal has passed, or if appealed until the appeal is decided.
AB126,68,423
(b) For presidential electors, the
elections board
division shall prepare a
24certificate showing the determination of the results of the canvass and the names of
25the persons elected, and the governor shall sign, affix the great seal of the state and
1transmit the certificate by registered mail to the U.S. administrator of general
2services. The governor shall also prepare 6 duplicate originals of such certificate and
3deliver them to one of the presidential electors on or before the first Monday after the
42nd Wednesday in December.
AB126, s. 134
5Section
134. 8.07 of the statutes is amended to read:
AB126,68,8
68.07 Validity of nomination papers. The
board division shall promulgate
7rules under this chapter for use by election officials in determining the validity of
8nomination papers and signatures thereon.
AB126, s. 135
9Section
135. 8.10 (6) (a) of the statutes is amended to read:
AB126,68,1210
8.10
(6) (a) For state offices or seats on a metropolitan sewerage commission,
11if the commissioners are elected under s. 200.09 (11) (am), in the office of the
board 12division.
AB126, s. 136
13Section
136. 8.12 (1) (a) of the statutes is amended to read:
AB126,68,2214
8.12
(1) (a) No later than 5 p.m. on the 3rd Tuesday in November, or the next
15day if Tuesday is a holiday, of the year before each year in which electors for president
16and vice president are to be elected, the state chairperson of each recognized political
17party listed on the official ballot at the last gubernatorial election whose candidate
18for governor received at least 10% of the total votes cast for that office may certify
19to the
board division that the party will participate in the presidential preference
20primary. For each party filing such a certification, the voters of this state shall at the
21spring primary be given an opportunity to express their preference for the person to
22be the presidential candidate of that party.
AB126, s. 137
23Section
137. 8.12 (1) (b) of the statutes is amended to read:
AB126,69,1624
8.12
(1) (b) On the 2nd Tuesday in December of the year before each year in
25which electors for president and vice president are to be elected, there shall be
1convened in the capitol a committee consisting of, for each party filing a certification
2under this subsection, the state chairperson of that state party organization or the
3chairperson's designee, one national committeeman and one national
4committeewoman designated by the state chairperson; the speaker and the minority
5leader of the assembly or their designees, and the president and the minority leader
6of the senate or their designees. All designations shall be made in writing to the
7board division. This committee shall organize by selecting an additional member
8who shall be the chairperson and shall determine, and certify to the
board division,
9no later than on the Friday following the date on which the committee convenes
10under this paragraph, the names of all candidates of the political parties represented
11on the committee for the office of president of the United States. The committee shall
12place the names of all candidates whose candidacy is generally advocated or
13recognized in the national news media throughout the United States on the ballot,
14and may, in addition, place the names of other candidates on the ballot. The
15committee shall have sole discretion to determine that a candidacy is generally
16advocated or recognized in the national news media throughout the United States.
AB126, s. 138
17Section
138. 8.12 (1) (c) of the statutes is amended to read:
AB126,70,318
8.12
(1) (c) No later than 5 p.m. on the first Tuesday in January of each
19presidential election year, any person seeking the nomination by the national
20convention of a political party filing a certification under this subsection for the office
21of president of the United States, or any committee organized in this state on behalf
22of and with the consent of such person, may submit to the
board division a petition
23to have the person's name appear on the presidential preference ballot. The petition
24may be circulated no sooner than the 2nd Tuesday in December preceding such year
25and shall be signed by a number of qualified electors equal in each congressional
1district to not less than 1,000 signatures nor more than 1,500 signatures. The form
2of the petition shall conform to the requirements of s. 8.40. All signers on each
3separate petition paper shall reside in the same congressional district.
AB126, s. 139
4Section
139. 8.12 (1) (d) of the statutes is amended to read:
AB126,70,125
8.12
(1) (d) The
board division shall forthwith contact each person whose name
6has been placed in nomination under par. (b) and notify him or her that his or her
7name will appear on the Wisconsin presidential preference ballot unless he or she
8files, no later than 5 p.m. on the first Tuesday in January of such year, with the
board 9division, a disclaimer stating without qualification that he or she is not and does not
10intend to become a candidate for the office of president of the United States at the
11forthcoming presidential election. The disclaimer may be filed with the
board 12division by certified mail, telegram, or in person.
AB126, s. 140
13Section
140. 8.12 (2) of the statutes is amended to read:
AB126,70,1814
8.12
(2) Ballots. The form of the official ballots shall be prescribed by the
15board division . The ballot shall provide to an elector the opportunity to vote for an
16uninstructed delegation to represent this state at the presidential nominating
17convention of his or her party, or to write in the name of a candidate for the
18presidential nomination of his or her party.
AB126, s. 141
19Section
141. 8.12 (3) of the statutes is amended to read:
AB126,70,2320
8.12
(3) Reporting of results. No later than the 2nd Tuesday following the
21presidential preference primary, the
board division shall notify each state party
22organization chairperson under sub. (1) (b) of the results of the presidential
23preference primary within the state and within each congressional district.
AB126, s. 142
24Section
142. 8.15 (8) (a) of the statutes is amended to read:
AB126,71,2
18.15
(8) (a) For state offices and the offices of U.S. senator and representative
2in congress, in the office of the
board division.
AB126, s. 143
3Section
143. 8.16 (2) (b) of the statutes is amended to read:
AB126,71,74
8.16
(2) (b) If the person is a candidate for state office, the person files a
5statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd
6day after notification of nomination is mailed or personally delivered to the person
7by the
board division; and
AB126, s. 144
8Section
144. 8.16 (7) of the statutes is amended to read: