AB126: Bill Text

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AB126, s. 193 Section 193. 15.617 (title) of the statutes is repealed.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

AB126, s. 216 Section 216. 117.20 (2) of the statutes is amended to read:

AB126,94,14 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

AB126, s. 217 Section 217. 117.27 (2) (b) (intro.) of the statutes is amended to read:

AB126,94,20 117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

AB126, s. 218 Section 218. 121.91 (3) (c) of the statutes is amended to read:

AB126,95,6 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk 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 submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

AB126, s. 219 Section 219. 125.05 (1) (b) 10. of the statutes is amended to read:

AB126,95,9 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a).

AB126, s. 220 Section 220. 165.93 (4) of the statutes is amended to read:

AB126,95,13 165.93 (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. 221 Section 221. 198.08 (10) of the statutes is amended to read:

AB126,95,25 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the elections board division shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

AB126, s. 222 Section 222. 200.09 (11) (am) 2. of the statutes is amended to read:

AB126,96,5 200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The commission shall immediately notify the elections board division under s. 5.05 upon passage of a resolution under subd. 1.

AB126, s. 223 Section 223. 200.09 (11) (am) 3. of the statutes is amended to read:

AB126,96,11 200.09 (11) (am) 3. If the governing bodies of each city, town and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The commission shall immediately notify the elections board division under s. 5.05 upon passage of a resolution under this subdivision.

AB126, s. 224 Section 224. 227.03 (6) of the statutes is amended to read:

AB126,96,14 227.03 (6) Orders of the elections board division under s. 5.06 (6) are not subject to this chapter.

AB126, s. 225 Section 225. 227.52 (6) of the statutes is amended to read:

AB126,96,18 227.52 (6) Decisions of the chairperson of the elections board or the administrator of the elections division or the chairperson's or the administrator's designee.

AB126, s. 226 Section 226. 230.08 (2) (e) 8d. of the statutes is created to read:

AB126,96,20 230.08 (2) (e) 8d. Office of the secretary of state — 1.

AB126, s. 227 Section 227. 301.03 (20m) of the statutes is amended to read:

AB126,97,2 301.03 (20m) Transmit to the elections board division, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

AB126, s. 228 Section 228. 343.11 (2m) of the statutes is amended to read:

AB126,97,7 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections board division of the person's name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

AB126, s. 229 Section 229. 560.04 (2m) of the statutes is amended to read:

AB126,97,17 560.04 (2m) Duties. The department may assign one or more full-time equivalent positions to the functions of coordinating the development and scheduling of training programs for local government officials by the University of Wisconsin-Extension, technical college system, department of revenue, elections board division, and other state agencies in order to assure the effective delivery of training programs and to prevent duplication of effort and of coordinating requests for management or personnel consultative services from government units other than the state and directing those requests to the appropriate division of the department of administration.

AB126, s. 230 Section 230 . Nonstatutory provisions.

AB126,97,19 (1) Transfer of certain elections board functions.

AB126,97,22 (a) Definitions. In this subsection, "elections division" means the elections division attached to the office of the secretary of state under section 14.37 of the statutes, as created by this act.

AB126,98,2 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the elections board, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, shall become the assets and liabilities of the elections division.

AB126,98,3 (c) Positions and employees.

AB126,98,7 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, are transferred to the elections division.

AB126,98,13 2. All incumbent employees holding positions in the elections board on the effective date of this subdivision, except the incumbent employee holding the position of executive director, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the elections division.

AB126,98,19 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the in the elections division that they enjoyed in the elections board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB126,98,24 (d) Tangible personal property; records. On the effective date of this paragraph, all tangible personal property, including records, of the elections board, other than tangible personal property relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, is transferred to the elections division.

AB126,99,6 (e) Contracts. All contracts entered into by the elections board in effect on the effective date of this paragraph that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, remain in effect and are transferred to the elections division. The elections division shall carry out any contractual obligations under any such contract until the contract is modified or rescinded by the elections division to the extent allowed under the contract.

AB126,99,17 (f) Rules, orders, and opinions. All rules promulgated by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the elections division. All orders issued by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the elections division. All opinions issued by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until withdrawn or modified by the elections division.

AB126,99,23 (g) Pending matters. Any matter pending with the elections board on the effective date of this paragraph that relates to the administration and enforcement of chapters 5 to 10 or 12 of the statutes is transferred to the elections division, and all materials submitted to or actions taken by the elections board with respect to the pending matter are considered as having been submitted to or taken by the elections division.

AB126,99,24 (2) Reconciliation.

AB126,100,11 (a) If 2007 Wisconsin Act .... (January 2007 Special Session Assembly Bill 1) or 2007 Wisconsin Act .... (January 2007 Special Session Senate Bill 1), relating to creation of a Government Accountability Board, enforcement of elections, ethics, and lobbying regulation laws, venue for prosecution of certain offenses, granting rule-making authority, making appropriations, and providing penalties, is enacted into law, notwithstanding any provision of that act to the contrary, that act is superceded by this act to the extent required, and only to the extent required, to effect the transfer of state elections administration functions to the elections division of the office of the secretary of state, as created by this act. The elections division may exercise all of the powers and shall carry out all of the duties of the government accountability board under that act with respect to state elections administration.

AB126,100,18 (b) No later than the 61st day beginning after the date of publication of this act or the date of publication of the act resulting from enactment of January 2007 Special Session Assembly Bill 1 or January 2007 Special Session Senate Bill 1, whichever is later, the elections division of the office of secretary of state, as created by this act, shall submit to the appropriate standing committees of the legislature, in the same manner as provided in section 13.172 (3) of the statutes, a proposal to amend the statutes to make all changes that may be required to give full effect to paragraph (a).

AB126, s. 231 Section 231. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB126,100,21 (1) Section 230 (2 ) of this act takes effect on the day after publication.

AB126,100,22 (End)