AB126: Bill Text

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.

AB126, s. 198 Section 198. 17.17 (4) of the statutes is amended to read:

AB126,89,3 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge or judge of a circuit court, by the director of state courts to the governor and the elections board division.

AB126, s. 199 Section 199. 19.43 (4) of the statutes is amended to read:

AB126,89,23 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1) or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the elections board division, municipal clerk or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections board division, municipal clerk or board of election commissioners may not certify the candidate's name for ballot placement.

AB126, s. 200 Section 200. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB126, s. 201 Section 201. 20.510 (1) (a) of the statutes is amended to read:

AB126,90,6 20.510 (1) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations , including the printing of forms, materials, manuals and election laws under ss. 7.08 (1) (b), (3) and (4) and 11.21 (3) and (14), and including the training of election officials under s. 5.05 (7).

AB126, s. 202 Section 202. 20.510 (1) (b) of the statutes is renumbered 20.575 (2) (b).

AB126, s. 203 Section 203. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).

AB126, s. 204 Section 204. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).

AB126, s. 205 Section 205. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).

AB126, s. 206 Section 206. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g).

AB126, s. 207 Section 207. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).

AB126, s. 208 Section 208. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).

AB126, s. 209 Section 209. 20.575 (2) of the statutes is created to read:

AB126,90,17 20.575 (2) Administration of election laws. (a) General program operations. Biennially, the amounts in the schedule for general program operations of the elections division.

AB126,91,2 (gm) Gifts and grants. All moneys received from gifts and grants, to be used for the purposes for which made and received.

AB126,91,9 (h) Materials and services. The amounts in the schedule for the cost of publishing documents, locating and copying records, and conducting administrative meetings and conferences and for supplies, postage and shipping. All moneys received by the elections division from collections for sales of publications, copies of records and supplies, for postage, for shipping and records location fees and for charges assessed to participants in administrative meetings and conferences shall be credited to this appropriation.

AB126, s. 210 Section 210. 46.95 (4) of the statutes is amended to read:

AB126,91,13 46.95 (4) List of eligible organizations. The department shall certify to the elections board division, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB126, s. 211 Section 211. 59.605 (3) (a) 3. of the statutes is amended to read:

AB126,92,8 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

AB126, s. 212 Section 212. 66.0602 (4) (c) of the statutes is amended to read:

AB126,92,19 66.0602 (4) (c) The referendum shall be held in accordance with chs. 5 to 12. The political subdivision shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: "Under state law, the increase in the levy of the .... (name of political subdivision) for the tax to be imposed for the next fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the .... (name of political subdivision) be allowed to exceed this limit and increase the levy for the next fiscal year, .... (year), by a total of ....%, which results in a levy of $....?".

AB126, s. 213 Section 213. 67.05 (3) (b) of the statutes is amended to read:

AB126,93,3 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a).

AB126, s. 214 Section 214. 67.05 (6) of the statutes is amended to read:

AB126,93,18 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

AB126, s. 215 Section 215. 85.61 (1) of the statutes is amended to read:

AB126,94,3 85.61 (1) The secretary of transportation and the executive director of the elections board administrator of the elections division shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections board division under s. 6.36 (1) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the executive director of the elections board administrator of the elections division to verify the accuracy of the information provided for the purpose of voter registration.