AB126: Bill Text

AB126,75,20 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the board division shall give notice as soon as possible to the county clerks. Upon receipt of notice from the board division , or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).

AB126, s. 157 Section 157. 8.50 (1) (d) of the statutes is amended to read:

AB126,76,7 8.50 (1) (d) When the election concerns a national or state office, the board division shall transmit to each county clerk at least 22 days before the special primary a certified list of all persons for whom nomination papers have been filed in its office. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the election. Immediately upon receipt of the certified list, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB126, s. 158 Section 158. 8.50 (3) (e) of the statutes is amended to read:

AB126,76,12 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections board division no later than 7 days after the special primary and 13 days after the special election.

AB126, s. 159 Section 159. 9.01 (1) (a) 1. of the statutes is amended to read:

AB126,77,5 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee division makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board division receives the last statement from a county board of canvassers for the election or referendum.

AB126, s. 160 Section 160. 9.01 (1) (a) 4. of the statutes is amended to read:

AB126,77,13 9.01 (1) (a) 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, division after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

AB126, s. 161 Section 161. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB126,77,20 9.01 (1) (ag) 4. The board division shall deposit all moneys received by it into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB126, s. 162 Section 162. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB126,77,24 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and in the case of the state with the elections board division.

AB126, s. 163 Section 163. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB126,78,16 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the board division receives a valid petition and any payment under par. (ag) 3., the board division shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board division may permit extension of the time for adjournment. Returns from a recount ordered by the board division shall be transmitted to the office of the board division as soon as possible, but in no case later than 13 days from the date of the order of the board division directing the recount. The chairperson of the board or the chairperson's designee division may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee division need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB126, s. 164 Section 164. 9.01 (5) (a) of the statutes is amended to read:

AB126,79,6 9.01 (5) (a) The board of canvassers or the chairperson of the board or the chairperson's designee division shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee division. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the chairperson or chairperson's designee division receives exhibits from any party, the board of canvassers or the chairperson or designee division shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee division shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee any employee of the division may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board or chairperson's designee division, witness fees shall be paid by the board division.

AB126, s. 165 Section 165. 9.01 (5) (bm) of the statutes is amended to read:

AB126,79,19 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board division one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the county committee of that political party.

AB126, s. 166 Section 166. 9.01 (5) (c) of the statutes is amended to read:

AB126,80,9 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the chairperson of the board or the chairperson's designee division, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board or designee division. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the chairperson of the board or the chairperson's designee division receives such results, the chairperson or designee division shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the chairperson of the board or designee division may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB126, s. 167 Section 167. 9.01 (6) (a) of the statutes is amended to read:

AB126,81,2 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board or the chairperson's designee division whenever a determination is made by the chairperson or designee division, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board or the chairperson's designee division. The appellant shall also serve notice on the board division if the chairperson of the board or the chairperson's designee division is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB126, s. 168 Section 168. 9.01 (8) (a) of the statutes is amended to read:

AB126,81,6 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 division, it shall affirm the determination.

AB126, s. 169 Section 169. 9.01 (8) (d) of the statutes is amended to read:

AB126,81,17 9.01 (8) (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 division if it finds that the board of canvassers or the chairperson or chairperson's designee division 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 division, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee division 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.

AB126, s. 170 Section 170. 9.01 (10) of the statutes is amended to read:

AB126,81,25 9.01 (10) Standard forms and methods. The elections board division shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the elections board division shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the elections board division staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

AB126, s. 171 Section 171. 10.01 (1) of the statutes is amended to read:

AB126,82,10 10.01 (1) The form of the various election notices shall be prescribed by the board division to standardize election notices. To accomplish this purpose, the board division shall make rules and draft whatever forms it considers necessary. Notification or certification lists of candidates or referenda questions sent to the county clerks shall prescribe the form in which the county clerks shall publish the relevant portions of the notice and any additional county offices and referenda questions. The board division shall also prescribe the provisions for municipal notices which shall be sent to each county clerk who shall immediately forward them to each municipal clerk.

AB126, s. 172 Section 172. 10.01 (2) (intro.) of the statutes is amended to read:

AB126,82,15 10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices, modified as necessary to apply to the various elections, which shall be published in substantially the same form as prescribed by the board division. The 5 types of notices are:

AB126, s. 173 Section 173. 10.02 (1) of the statutes is amended to read:

AB126,82,20 10.02 (1) Before any election an appropriate type B notice shall be published in substantially the form prescribed by the board division at the times prescribed in s. 10.06. The type B notice shall include the following relevant sections and be within the guidelines established in this section.

AB126, s. 174 Section 174. 10.02 (2) (c) of the statutes is amended to read:

AB126,83,7 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the board division and shall conform to the form prescribed by the board division under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

AB126, s. 175 Section 175. 10.02 (3) (intro.) of the statutes is amended to read:

AB126,83,9 10.02 (3) (intro.) The notice shall contain the following:

AB126,83,10 FACSIMILE BALLOT NOTICE

AB126,83,11 OF .... ELECTION

AB126,83,12 Office of .... [County] [Municipal] Clerk.

AB126,83,13 To the Electors of .... [County] [Municipality]:

AB126,83,19 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB126,83,20 INFORMATION TO ELECTORS

AB126,83,23 Except where a different statement is prescribed by the board division for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB126, s. 176 Section 176. 10.06 (1) (title) of the statutes is amended to read:

AB126,83,25 10.06 (1) (title) Elections board and division.

AB126, s. 177 Section 177. 10.06 (1) (a) of the statutes is amended to read:

AB126,84,3 10.06 (1) (a) On or before November 15 preceding a spring election the board division shall send a type A notice to each county clerk.

AB126, s. 178 Section 178. 10.06 (1) (c) of the statutes is amended to read:

AB126,84,8 10.06 (1) (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the board division shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

AB126, s. 179 Section 179. 10.06 (1) (e) of the statutes is amended to read:

AB126,84,18 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board division shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board division shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB126, s. 180 Section 180. 10.06 (1) (f) of the statutes is amended to read:

AB126,84,22 10.06 (1) (f) On or before the 2nd Tuesday in May preceding a September primary and general election the board division shall send a type A notice to each county clerk.

AB126, s. 181 Section 181. 10.06 (1) (h) of the statutes is amended to read:

AB126,85,2 10.06 (1) (h) As soon as possible after the deadline for determining ballot arrangement for the September primary on the 3rd Tuesday in July, the board division shall send a type B notice to each county clerk certifying the list of candidates for the September primary.

AB126, s. 182 Section 182. 10.06 (1) (i) of the statutes is amended to read:

AB126,85,9 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board division shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and the board shall send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c).

AB126, s. 183 Section 183. 10.06 (2) (a) of the statutes is amended to read:

AB126,85,14 10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each county clerk shall publish a type A notice based on the notice received from the board division for all state offices to be filled at the election by any electors voting in the county and a similar notice incorporating any county offices.

AB126, s. 184 Section 184. 10.06 (2) (b) of the statutes is amended to read:

AB126,85,22 10.06 (2) (b) Upon receipt of the type B notice from the board division preceding the spring election each county clerk shall add any county offices, prepare the ballots, and send notice to each municipal clerk of the spring primary. When there is no state spring primary within the county and there is no presidential preference primary scheduled for the date of the spring primary, but there is to be a county spring primary, the county clerk shall prepare the ballots and send notice to each municipal clerk.

AB126, s. 185 Section 185. 10.06 (2) (e) of the statutes is amended to read:

AB126,86,3 10.06 (2) (e) Upon receipt of the type B notice from the board division each county clerk shall add any county offices and referenda, prepare the ballots and send notice to each municipal clerk of the coming spring election.

AB126, s. 186 Section 186. 10.06 (2) (h) of the statutes is amended to read:

AB126,86,8 10.06 (2) (h) On the last Tuesday in May preceding a September primary and general election, the county clerk shall publish a type A notice based on the notice received from the board division for all national and state offices to be filled at the election by any electors voting in the county and incorporating county offices.

AB126, s. 187 Section 187. 10.06 (2) (k) of the statutes is amended to read:

AB126,86,13 10.06 (2) (k) Upon receipt of the type B notice from the board division preceding the general election, the county clerk shall add county offices and referenda, if any, and send notice to each municipal clerk of the coming general election and prepare the ballots.

AB126, s. 188 Section 188. 13.123 (3) (b) 2. of the statutes is amended to read:

AB126,86,18 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections board administrator of the elections division or the chairperson's administrator's designee if such determination has been issued.

AB126, s. 189 Section 189. 13.23 of the statutes is amended to read:

AB126,87,4 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections board division at least 10 days before the day fixed by law for the meeting of the legislature. The elections board division shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB126, s. 190 Section 190. 14.37 of the statutes is created to read:

AB126,87,12 14.37 Same; attached divisions. There is created an elections division that is attached to the office of the the secretary of state under s. 15.03. The administrator of the division shall be appointed outside the classified service by the secretary of state and shall serve at the pleasure of the secretary. Any duty assigned to or any power exercised by the division shall be performed by the administrator or the administrator's designee. The administrator shall serve as the chief election officer for this state.

AB126, s. 191 Section 191. 14.375 (title) of the statutes is created to read:

AB126,87,14 14.375 (title) Same; councils.

AB126, s. 192 Section 192. 14.38 (10m) of the statutes is created to read:

AB126,87,17 14.38 (10m) Elections division. Provide any necessary assistance for the elections division to perform its duties and exercise its powers.

AB126, s. 193 Section 193. 15.617 (title) of the statutes is repealed.

AB126, s. 194 Section 194. 15.617 (1) of the statutes is renumbered 14.375 (1) and amended to read:

AB126,88,4 14.375 (1) Election administration council. There is created in the elections board office of the secretary of state an election administration council consisting of members appointed by the executive director of the elections board administrator of the elections division, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

AB126, s. 195 Section 195. 16.79 (2) of the statutes is amended to read:

AB126,88,13 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms and supplies specified by the elections board and elections division. The laws, manuals, forms and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections board and elections division shall inform the department in writing as to which election manuals, forms and supplies shall be offered for distribution under this subsection.

AB126, s. 196 Section 196. 16.96 (3) (b) of the statutes is amended to read:

AB126,88,18 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections board division.

AB126, s. 197 Section 197. 17.17 (1) of the statutes is amended to read:

AB126,88,22 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections board division.