AB126: Bill Text

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB126, s. 1 Section 1. 5.02 (1b) of the statutes is created to read:

AB126,3,4 5.02 (1b) "Administrator" means the administrator of the division.

AB126, s. 2 Section 2. 5.02 (2m) of the statutes is created to read:

AB126,4,2 5.02 (2m) "Division" means the elections division attached to the office of the secretary of state under s. 14.37.

AB126, s. 3 Section 3. 5.05 (title), (1) (intro.), (a) and (b) of the statutes are amended to read:

AB126,4,10 5.05 (title) Elections board and division; powers and duties. (1) General authority. (intro.) The elections board division shall have the responsibility for the administration of chs. 5 to 10 and 12 and other laws relating to elections and election campaigns. The board shall have the responsibility for the administration of ch. 11 and other laws relating to campaign financing. Pursuant to such responsibility, the board or division may:

AB126,4,14 (a) Employ an executive director outside the classified service, in the case of the board, or employ a division administrator outside the classified service, in the case of the division, and employ legal counsel. The e xecutive director shall serve as the chief election officer for this state.

AB126,4,25 (b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution as defined in s. 705.01 (3) doing business in the state to obtain evidence of any violation of ch. 11 upon showing by the board and division of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its duties, the board and division may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

AB126, s. 4 Section 4. 5.05 (3) (b) and (c), (4), (5), (6), (7), (9), (10), (11), (12), (13), (14) and (15) of the statutes are amended to read:

AB126,5,10 5.05 (3) (b) In any case in which the board or division refers information relating to an apparent violation of this section, the district attorney, attorney general, or any special counsel appointed under s. 14.11 (2) shall respond by report to the board or division with respect to any action taken regarding such apparent violation. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during such period, the board or division shall receive a further report at the close of every 30-day period until the time of final disposition.

AB126,5,13 (c) No investigation is required of any petition or complaint which is not verified. The board or division may summarily dismiss any complaint which it finds to be without merit.

AB126,5,15 (4) Employees. All employees of the board and the division shall be nonpartisan.

AB126,5,20 (5) Biennial report. Notwithstanding s. 15.04 (1) (d), the board and the division shall each file its biennial report required by that paragraph on or before June 30 of each odd-numbered year, covering the biennium ending on the previous December 31. The board may include any information compiled under s. 11.21 (7) in such report.

AB126,6,5 (6) Formal opinions. Any interested person may make written request to the board or the division, as appropriate, to issue a formal opinion with respect to the person's authority or responsibilities under chs. 5 to 12. The board or division shall within 15 days advise the person requesting an opinion whether or not a formal opinion will be issued. If a formal opinion will be issued, it shall be issued within 30 days of the request. No person acting in good faith upon a formal opinion issued to the person by the board or the division shall be subject to civil or criminal prosecution for so acting, if the material facts are as stated in the opinion request. Nothing in this subsection requires the issuance of an opinion by the board or division, nor precludes it from issuing an opinion or ruling in any other manner.

AB126,6,16 (7) Administrative meetings and conferences. The board and the division shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the board and the division, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The board or the division may conduct conferences relating to election laws, practice and procedure. The board or the division may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the board or the division.

AB126,6,22 (9) Standing. The board has and the division have standing to commence or intervene in an action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, as appropriate, or ensuring their proper administration. If the board delegates authority to the executive director under sub. (1) (e) to act in its stead, the executive director has standing to commence or intervene in such an action or proceeding.

AB126,7,10 (10) State election administration plan. With the assistance of the election administration council and approval of the joint committee on finance as provided in this subsection, the board division shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board division shall adopt the plan and any modifications only after publishing a class I notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the board division, the board division shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board division may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.

AB126,7,21 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) 20.575 (2) (t) and (x), the board division may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board division shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board division.

AB126,8,2 (12) Voter education. The board division may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The board division shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.

AB126,8,7 (13) Toll-free election information exchange. (a) The board division shall maintain one or more toll-free telephone lines for electors to report possible voting fraud and voting rights violations, to obtain general election information, and to access information concerning their registration status, current polling place locations, and other information relevant to voting in elections.

AB126,8,11 (b) The board division may maintain a free access system under which an elector who votes under s. 6.96 or 6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.

AB126,8,15 (14) Information from county and municipal clerks. The board division may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.

AB126,8,20 (15) Registration list. The board division is responsible for the design and maintenance of the official registration list under s. 6.36. The board division shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board division for proper maintenance of the list.

AB126, s. 5 Section 5. 5.055 of the statutes is amended to read:

AB126,9,10 5.055 Election assistance commission standards board. The executive director of the board administrator shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director administrator shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The executive director administrator shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the executive director administrator shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

AB126, s. 6 Section 6. 5.056 of the statutes is amended to read:

AB126,9,17 5.056 Matching program with secretary of transportation. The executive director of the board administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board division under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.

AB126, s. 7 Section 7. 5.06 (1) of the statutes is amended to read:

AB126,9,25 5.06 (1) Whenever any elector of a jurisdiction or district served by an election official believes that a decision or action of the official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector may file a written sworn complaint with the board division requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The board division may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under ch. 227 if it believes such action to be appropriate.

AB126, s. 8 Section 8. 5.06 (2) of the statutes is amended to read:

AB126,10,19 5.06 (2) No person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the board division. A complaint is deemed disposed of if the board division fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board division concludes its investigation without a formal decision.

AB126, s. 9 Section 9. 5.06 (4) of the statutes is amended to read:

AB126,11,2 5.06 (4) The board division may, on its own motion, investigate and determine whether any election official, with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections, has failed to comply with the law or abused the discretion vested in him or her by law or proposes to do so.

AB126, s. 10 Section 10. 5.06 (5) of the statutes is amended to read:

AB126,11,9 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion, the board division may order any election official to immediately transfer to its possession any original documents in the custody of the official which the board division finds to be necessary and relevant to permit review of compliance with the laws concerning nominations, qualifications of candidates, ward division and numbering, recall or ballot preparation or the proper administration of such laws.

AB126, s. 11 Section 11. 5.06 (6) of the statutes is amended to read:

AB126,11,17 5.06 (6) The board division may, after such investigation as it deems appropriate, summarily decide the matter before it and, by order, require any election official to conform his or her conduct to the law, restrain an official from taking any action inconsistent with the law or require an official to correct any action or decision inconsistent with the law. The board division shall immediately transmit a copy of the order to the official. An order issued under this subsection is effective immediately or at such later time as may be specified in the order.

AB126, s. 12 Section 12. 5.06 (7) of the statutes is amended to read:

AB126,11,20 5.06 (7) The board division may withdraw, modify or correct an order issued under sub. (6) within a timely period if it finds such action to be appropriate.

AB126, s. 13 Section 13. 5.06 (8) of the statutes is amended to read:

AB126,12,2 5.06 (8) Any election official or complainant who is aggrieved by an order issued under sub. (6) may appeal the decision of the board division to circuit court for the county where the official conducts business or the complainant resides no later than 30 days after issuance of the order. Pendency of an appeal does not stay the effect of an order unless the court so orders.

AB126, s. 14 Section 14. 5.06 (9) of the statutes is amended to read:

AB126,12,12 5.06 (9) The court may not conduct a de novo proceeding with respect to any findings of fact or factual matters upon which the board division has made a determination, or could have made a determination if the parties had properly presented the disputed matters to the board division for its consideration. The court shall summarily hear and determine all contested issues of law and shall affirm, reverse or modify the determination of the board division, according due weight to the experience, technical competence and specialized knowledge of the board division, pursuant to the applicable standards for review of agency decisions under s. 227.57.

AB126, s. 15 Section 15. 5.061 of the statutes is amended to read:

AB126,12,17 5.061 Compliance with federal Help America Vote Act. (1) Whenever any person believes that a violation of Title III of P.L. 107-252 has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, verified complaint with the board division.

AB126,12,20 (2) If the board division receives more than one complaint under sub. (1) relating to the same subject matter, the board division may consolidate the complaints for purposes of this section.

AB126,13,2 (3) A complainant under sub. (1) or any of the complainants in a consolidated complaint under sub. (2) may request a hearing and the matter shall then be treated as a contested case under ch. 227, except that the board division shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.

AB126,13,8 (4) If the board division finds the complaint to be without merit, it shall issue a decision dismissing the complaint. If the board division finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the board division shall order appropriate relief, except that the board division shall not issue any order under this subsection affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.

AB126, s. 16 Section 16. 5.09 of the statutes is amended to read:

AB126,13,16 5.09 Certification of documents. Whenever the board division is authorized or required to make a certification of any document in the its custody of the board, and the authority to make the certification is lawfully delegated to the executive director, the executive director administrator may, personally or through an employee authorized by the director administrator, affix his or her signature by means of a stamp, machine impression, reproduction print or similar process. This section does not apply to certificates of election.

AB126, s. 17 Section 17. 5.25 (4) of the statutes is amended to read:

AB126,13,23 5.25 (4) (a) Each polling place shall be accessible to all individuals with disabilities. The board division shall ensure that the voting system used at each polling place will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).

AB126,14,2 (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any language other than English, the board division shall ensure that the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

AB126,14,8 (d) No later than June 30 of each odd-numbered year, the board division shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the board division shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

AB126, s. 18 Section 18. 5.35 (6) (a) 2m. of the statutes is amended to read:

AB126,14,11 5.35 (6) (a) 2m. General information prescribed by the board division on federal laws relating to election fraud and misrepresentation in federal elections.

AB126, s. 19 Section 19. 5.35 (6) (a) 4a. of the statutes is amended to read:

AB126,14,14 5.35 (6) (a) 4a. Instructions prescribed by the board division for electors for whom proof of residence under s. 6.34 is required under s. 6.55 (2).

AB126, s. 20 Section 20. 5.35 (6) (a) 4b. of the statutes is amended to read:

AB126,14,18 5.35 (6) (a) 4b. General information prescribed by the board division concerning voting rights under applicable state and federal laws, including the method of redress for any alleged violations of those rights.

AB126, s. 21 Section 21. 5.35 (6) (a) 5. of the statutes is amended to read:

AB126,14,21 5.35 (6) (a) 5. Any other voting information directed to be posted by the board division.

AB126, s. 22 Section 22. 5.35 (6) (b) of the statutes is amended to read:

AB126,15,9 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board division warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB126, s. 23 Section 23. 5.40 (5m) and (7) of the statutes are amended to read:

AB126,15,14 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality which uses voting machines or an electronic voting system may petition the board division for permission to use paper ballots and voting booths for a specific election, and the board division may grant such a request.

AB126,15,20 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the executive director of the elections board division in writing.

AB126, s. 24 Section 24. 5.51 (6) and (8) of the statutes are amended to read:

AB126,15,25 5.51 (6) All candidates' names for the same office shall be placed, projected or composed on the ballot in the same size, style and color of type. The style and size of type shall conform substantially to the official ballot forms prescribed by the board division under s. 7.08 (1) (a).

AB126,16,2 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the board division under s. 7.08 (1) (a).

AB126, s. 25 Section 25. 5.58 (1b) (bm) of the statutes is amended to read:

AB126,16,6 5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged by the municipal clerk, using the same method as that used by the board division under s. 5.60 (1) (b).

AB126, s. 26 Section 26. 5.58 (1b) (cm) of the statutes is amended to read:

AB126,16,11 5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange the ballot in accordance with the form prescribed by the board division under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and (6), insofar as possible.

AB126, s. 27 Section 27. 5.58 (2), (2m) and (2r) (am) of the statutes are amended to read:

AB126,16,23 5.58 (2) State superintendent of public instruction; judiciary; county executive; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor, except as authorized in s. 5.655. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board division in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b).

AB126,17,4 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 200.09 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board division.

AB126,17,13 (2r) (am) Except as authorized in s. 5.655, there shall be a separate ballot for each recognized political party filing a certification under s. 8.12 (1), listing the names of all potential candidates of that party determined under s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of presidential candidates on the ballot shall be determined by lot by or under the supervision of the board division. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.

AB126, s. 28 Section 28. 5.60 (1) (b), (3) (ag), (5) (ar) and (6) (a) of the statutes are amended to read:

AB126,18,2 5.60 (1) (b) The board division shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board division shall be determined by the board division by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board division not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB126,18,6 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for city offices, printed in the same form as prescribed by the board division under s. 7.08 (1) (a). City election ballots may vary in form to conform to the law under which an election is held.

AB126,18,10 (5) (ar) The offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. The names of the candidates shall be arranged by using the same method as that used by the board division under sub. (1) (b). Sufficient space shall be left under each office for write-in candidates.

AB126,18,23 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for elective town offices in the form prescribed by the board division under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form shall be used for the election of supervisors to numbered seats and one ballot form shall be used for the election of supervisors to unnumbered seats. On the ballot used for the election of supervisors to unnumbered seats, all supervisor candidates shall be listed together and the voting instructions shall state "Vote for not more than.... [insert number of supervisors to be elected] candidates". All towns shall elect their supervisors to unnumbered seats unless the annual town meeting adopts a plan to elect supervisors to numbered seats. The names of candidates for town office shall be arranged by using the same method as that used by the board division under sub. (1) (b). A space shall be provided under each office on the ballot for a write-in candidate.

AB126, s. 29 Section 29. 5.62 (1) (a) and (b) 1., (2) (a), (3) and (4) (ar) and (b) of the statutes are amended to read:

AB126,19,21 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board division under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board division. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB126,20,11 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1% of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1% of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board division requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this subdivision may be filed no later than 5 p.m. on June 1 in the year of each general election.