AB388-engrossed,43,188
7.70
(3) (i) The
commission chairperson
of the board or the chairperson's
9designee shall canvass only regular returns made by the county board of canvassers
10and shall not count or canvass any additional or supplemental returns or statements
11made by the county board or any other board or person. The
commission chairperson
12of the board or the chairperson's designee shall not count or canvass any statement
13or return which has been made by the county board of canvassers at any other time
14than that provided in s. 7.60. This provision does not apply to any return made
15subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior
16return from the same county for the same office; or to a statement given to the
17commission chairperson
of the board or chairperson's designee or a messenger sent
18by the chairperson or designee to obtain a correction.
AB388-engrossed,44,1220
7.70
(5) (a) The
board commission shall record in its office each certified
21statement and determination made by the
commission chairperson
of the board or
22the chairperson's designee. Immediately after the expiration of the time allowed to
23file a petition for recount, the
board commission shall make and transmit to each
24person declared elected a certificate of election under the seal of the
board 25commission. It shall also prepare similar certificates, attested by the
commission
1administrator
of the elections division of the board, addressed to the U.S. house of
2representatives, stating the names of those persons elected as representatives to the
3congress from this state. In the case of U.S. senators, the
board commission shall
4prepare a certificate of election for the governor's signature, and the governor shall
5sign and affix the great seal of the state and transmit the certificate to the president
6of the U.S. senate. The certificate shall be countersigned by the secretary of state.
7If a person elected was elected to fill a vacancy, the certificate shall so
state indicate.
8When a valid petition for recount is filed, the
commission chairperson
of the board 9or the chairperson's designee may not certify a nomination, and the governor or
10board commission may not issue a certificate of election until the recount has been
11completed and the time allowed for filing an appeal has passed, or if appealed until
12the appeal is decided.
AB388-engrossed,44,2014
8.05
(1) (j) 3. A candidate for municipal judge shall, in addition to making the
15filings required under subd. 2., file a statement of economic interests with the
board 16ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after
17notification of nomination is mailed or personally delivered to the candidate, or no
18later than 4:30 p.m. on the next business day after the last day for filing a declaration
19of candidacy whenever that candidate is granted an extension of time for filing a
20declaration of candidacy under subd. 2.
AB388-engrossed,45,522
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
23under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
24the time he or she files nomination papers, the candidate shall file the statement
25with the papers. A candidate for state office or municipal judge shall also file a
1statement of economic interests with the
board
ethics commission under s. 19.43 (4)
2no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
3papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after
4the last day whenever that candidate is granted an extension of time for filing
5nomination papers under sub. (2) (a).
AB388-engrossed,45,97
8.10
(6) (a) For state offices or seats on a metropolitan sewerage commission,
8if the commissioners are elected under s. 200.09 (11) (am), in the office of the
board 9elections commission.
AB388-engrossed,45,1911
8.15
(4) (b) Nomination papers shall be accompanied by a declaration of
12candidacy under s. 8.21. If a candidate for state or local office has not filed a
13registration statement under s. 11.05 at the time he or she files nomination papers,
14the candidate shall file the statement with the papers. A candidate for state office
15shall also file a statement of economic interests with the
board ethics commission 16under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for
17filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next
18business day after the last day whenever that candidate is granted an extension of
19time for filing nomination papers under sub. (1).
AB388-engrossed,46,221
8.17
(9) (a) If a county has no committee as provided by sub. (5) (a), residents
22of that county may voluntarily form a committee, which, upon approval of the state
23committee and certification by the secretary of the state committee to the
board 24commission and the county clerk or board of election commissioners, shall then
25become the county committee with equal standing as if it had been organized under
1sub. (5) (a). This standing shall remain unless and until a committee is organized
2under sub. (5) (a).
AB388-engrossed,46,124
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
5under s. 8.21. If a candidate for state or local office has not filed a registration
6statement under s. 11.05 at the time he or she files nomination papers, the candidate
7shall file the statement with the papers. A candidate for state office shall also file
8a statement of economic interests with the
board
ethics commission under s. 19.43
9(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
10papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after
11the last day whenever that candidate is granted an extension of time for filing
12nomination papers under sub. (8) (a).
AB388-engrossed,46,1614
8.20
(7) Nomination papers shall be filed in the office of the
board commission 15for all state offices and the offices of U.S. senator and representative in congress, and
16in the office of county clerk or board of election commissioners for all county offices.
AB388-engrossed,46,2118
8.30
(2m) The official or agency with whom nomination papers and
19declarations of candidacy are required to be filed shall not place a candidate's name
20on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05
21(2m) (d) 2.
or 15.60 (6), 15.61 (3), or 19.49 (2) (c) 2.
AB388-engrossed,47,2023
8.50
(1) (a) When there is to be a special election, the special election for county
24office shall be ordered by the county board of supervisors except as provided in s.
2517.21 (5); the special election for city office shall be ordered by the common council;
1the special election for village office shall be ordered by the board of trustees; the
2special election for town office shall be ordered by the town board of supervisors; the
3special election for school board member in a school district organized under ch. 119
4shall be ordered by the school board; the special election for municipal judge shall
5be ordered by the governing body of the municipality, except in 1st class cities, or if
6the judge is elected under s. 755.01 (4) jointly by the governing bodies of all
7municipalities served by the judge; and all other special elections shall be ordered
8by the governor. When the governor or attorney general issues the order, it shall be
9filed and recorded in the office of the
board commission. When the county board of
10supervisors issues the order, it shall be filed and recorded in the office of the county
11clerk. When the county executive issues the order, it shall be filed in the office of the
12county board of election commissioners. When the common council issues the order,
13it shall be filed in the office of the city clerk. When the board of trustees issues the
14order, it shall be filed in the office of the village clerk. When the town board of
15supervisors issues the order, it shall be filed in the office of the town clerk. When the
16school board of a school district organized under ch. 119 issues the order, it shall be
17filed and recorded in the office of the city board of election commissioners. If a
18municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of
19the county clerk or board of election commissioners of the county having the largest
20portion of the population of the jurisdiction served by the judge.
AB388-engrossed,48,1222
8.50
(3) (a) Nomination papers may be circulated no sooner than the day the
23order for the special election is filed and shall be filed not later than 5 p.m. 28 days
24before the day that the special primary will or would be held, if required, except when
25a special election is held concurrently with the spring election or general election, the
1deadline for filing nomination papers shall be specified in the order and the date shall
2be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
3later than 35 days prior to the date of the spring primary or no later than June 1
4preceding the partisan primary. Nomination papers may be filed in the manner
5specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy
6in the manner provided in s. 8.21 no later than the latest time provided in the order
7for filing nomination papers. If a candidate for state or local office has not filed a
8registration statement under s. 11.05 at the time he or she files nomination papers,
9the candidate shall file the statement with the papers. A candidate for state office
10shall also file a statement of economic interests with the
board ethics commission no
11later than the end of the 3rd day following the last day for filing nomination papers
12specified in the order.
AB388-engrossed,48,1714
8.50
(3) (e) In a special election for a state or national office, the county clerk
15or board of election commissioners shall transmit the statement of the county board
16of canvassers to the
government accountability board
elections commission no later
17than 7 days after the special primary and 13 days after the special election.
AB388-engrossed,49,1319
9.01
(1) (a) 1. Any candidate voted for at any election or any elector who voted
20upon any referendum question at any election may petition for a recount. The
21petitioner shall file a verified petition or petitions with the proper clerk or body under
22par. (ar) not earlier than the time of completion of the canvass following canvassing
23of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and,
24except as provided in this subdivision, not later than 5 p.m. on the 3rd business day
25following the last meeting day of the municipal or county board of canvassers
1determining the election for that office or on that referendum question following
2canvassing of all valid provisional and absentee ballots or, if more than one board of
3canvassers makes the determination, not later than 5 p.m. on the 3rd business day
4following the last meeting day of the last board of canvassers which makes a
5determination following canvassing of all valid provisional and absentee ballots. If
6the
commission chairperson
of the board or chairperson's designee makes the
7determination for the office or the referendum question, the petitioner shall file the
8petition not earlier than the last meeting day of the last county board of canvassers
9to make a statement in the election or referendum following canvassing of all valid
10provisional and absentee ballots and not later than 5 p.m. on the 3rd business day
11following the day on which the
government accountability board commission 12receives the last statement from a county board of canvassers for the election or
13referendum following canvassing of all valid provisional and absentee ballots.
AB388-engrossed,49,2115
9.01
(1) (a) 4. The petition under subd. 1. may be amended to include
16information discovered as a result of the investigation of the board of canvassers or
17the
commission chairperson
of the board, or chairperson's designee
, after the filing
18of the petition if the petitioner moves to amend the petition as soon as possible after
19the petitioner discovers, or reasonably should have discovered, the information that
20is the subject of the amendment and if the petitioner was unable to include the
21information in the original petition.
AB388-engrossed,50,323
9.01
(1) (ag) 4. The
board commission shall deposit all moneys received by it
24into the account under s.
20.511 20.510 (1) (g), and shall pay the fees required for each
25recount to the county clerks of the counties in which the recount is to be held. The
1county clerk shall deposit fees received by him or her with the county treasurer. The
2municipal clerk shall deposit fees received by him or her with the municipal
3treasurer.
AB388-engrossed,50,215
9.01
(1) (ar) 3. Whenever a clerk receives a valid petition and any payment
6under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
7Whenever the
board commission receives a valid petition and any payment under
8par. (ag) 3., the
board commission shall promptly by certified mail or other
9expeditious means order the proper county boards of canvassers to commence the
10recount. County boards of canvassers shall convene no later than 9 a.m. on the
11second day after receipt of an order and may adjourn for not more than one day at
12a time until the recount is completed in the county, except that the
board commission 13may permit extension of the time for adjournment. Returns from a recount ordered
14by the
board commission shall be transmitted to the office of the
board commission 15as soon as possible, but in no case later than 13 days from the date of the order of the
16board commission directing the recount. The
commission chairperson
of the board 17or the chairperson's designee may not make a determination in any election if a
18recount is pending before any county board of canvassers in that election. The
19commission chairperson
of the board or the chairperson's designee need not recount
20actual ballots, but shall verify the returns of the county boards of canvassers in
21making his or her determinations.
AB388-engrossed,51,1123
9.01
(5) (a) The board of canvassers or the
commission chairperson
of the board 24or the chairperson's designee shall keep complete minutes of all proceedings before
25the board of canvassers or the chairperson or designee. The minutes shall include
1a record of objections and offers of evidence. If the board of canvassers or the
2commission chairperson or
the chairperson's designee receives exhibits from any
3party, the board of canvassers or the chairperson or designee shall number and
4preserve the exhibits. The board of canvassers or the chairperson or chairperson's
5designee shall make specific findings of fact with respect to any irregularity raised
6in the petition or discovered during the recount. Any member of the board of
7canvassers or the chairperson or chairperson's designee may administer oaths,
8certify official acts
, and issue subpoenas for purposes of this section. Witness fees
9shall be paid by the county. In the case of proceedings before the
commission 10chairperson
of the board or chairperson's designee, witness fees shall be paid by the
11board commission.
AB388-engrossed,51,2413
9.01
(5) (bm) Upon the completion of its proceedings, a board of canvassers
14shall deliver to the
board commission one copy of the minutes of the proceedings kept
15under par. (a). In addition, in the case of a recount of an election for state or national
16office, for each candidate whose name appears on the ballot for that office under the
17name of a political party, the board of canvassers shall deliver one copy of the minutes
18to the chief officer, if any, who is named in any registration statement filed under s.
1911.05 (1) by the state committee of that political party, and in the case of a recount
20of an election for county office, for each candidate whose name appears on the ballot
21for that office under the name of a political party, the board of canvassers shall
22deliver one copy of the minutes to the chief officer, if any, who is named in any
23registration statement filed under s. 11.05 (1) by the county committee of that
24political party.
AB388-engrossed,52,14
19.01
(5) (c) If the recount is made by a municipal or county board of canvassers
2and the result is required to be reported to a county board of canvassers or to the
3commission chairperson
of the board or the chairperson's designee, the board of
4canvassers making the initial recount shall immediately certify the results to the
5county board of canvassers or to the
commission chairperson
of the board or designee.
6If a county board of canvassers receives such results, it shall then convene not later
7than 9 a.m. on the next business day following receipt to examine the returns and
8determine the results. If the
commission chairperson
of the board or the
9chairperson's designee receives such results, the chairperson or designee shall
10publicly examine the returns and determine the results not later than 9 a.m. on the
113rd business day following receipt, but if that day is earlier than the latest day
12permitted for that election under s. 7.70 (3) (a), the
commission chairperson
of the
13board or designee may examine the returns and determine the results not later than
14the day specified in s. 7.70 (3) (a).
AB388-engrossed,53,616
9.01
(6) (a) Within 5 business days after completion of the recount
17determination by the board of canvassers in all counties concerned, or within 5
18business days after completion of the recount determination by the
commission 19chairperson
of the board or the chairperson's designee whenever a determination is
20made by the chairperson or designee, any candidate, or any elector when for a
21referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
22commence by serving a written notice of appeal on the other candidates and persons
23who filed a written notice of appearance before each board of canvassers whose
24decision is appealed, or in the case of a statewide recount, before the
commission 25chairperson
of the board or the chairperson's designee. The appellant shall also serve
1notice on the
board commission if the
commission chairperson
of the board or the
2chairperson's designee is responsible for determining the election. The appellant
3shall serve the notice by certified mail or in person. The appellant shall file the notice
4with the clerk of circuit court together with an undertaking and surety in the amount
5approved by the court, conditioned upon the payment of all costs taxed against the
6appellant.
AB388-engrossed,53,148
9.01
(7) (a) The court with whom an appeal is filed shall forthwith issue an
9order directing each affected county
or, municipal clerk
, or board
, and the
10commission, to transmit immediately all ballots, papers and records affecting the
11appeal to the clerk of court or to impound and secure such ballots, papers and records,
12or both. The order shall be served upon each affected county
or, municipal clerk
, or
13board
, the commission, and all other candidates and persons who filed a written
14notice of appearance before any board of canvassers involved in the recount.
AB388-engrossed,53,1816
9.01
(8) (a) Unless the court finds a ground for setting aside or modifying the
17determination of the board of canvassers or the
commission chairperson
of the board 18or chairperson's designee, it shall affirm the determination.
AB388-engrossed,54,620
9.01
(8) (c) The court may not receive evidence not offered to the board of
21canvassers or the
commission chairperson or
the chairperson's designee except for
22evidence that was unavailable to a party exercising due diligence at the time of the
23recount or newly discovered evidence that could not with due diligence have been
24obtained during the recount, and except that the court may receive evidence not
25offered at an earlier time because a party was not represented by counsel in all or part
1of a recount proceeding. A party who fails to object or fails to offer evidence of a defect
2or irregularity during the recount waives the right to object or offer evidence before
3the court except in the case of evidence that was unavailable to a party exercising due
4diligence at the time of the recount or newly discovered evidence that could not with
5due diligence have been obtained during the recount or evidence received by the
6court due to unavailability of counsel during the recount.
AB388-engrossed,54,178
9.01
(8) (d) The court shall set aside or modify the determination of the board
9of canvassers or the
commission chairperson
of the board or
the chairperson's
10designee if it finds that the board of canvassers or the chairperson or chairperson's
11designee has erroneously interpreted a provision of law and a correct interpretation
12compels a particular action. If the determination depends on any fact found by the
13board of canvassers or the
commission chairperson or
the chairperson's designee, the
14court may not substitute its judgment for that of the board of canvassers or the
15chairperson or designee as to the weight of the evidence on any disputed finding of
16fact. The court shall set aside the determination if it finds that the determination
17depends on any finding of fact that is not supported by substantial evidence.
AB388-engrossed,54,2519
9.01
(10) Standard forms and methods. The
government accountability board 20commission shall prescribe standard forms and procedures for the making of
21recounts under this section. The procedures prescribed by the
government
22accountability board commission shall require the boards of canvassers in recounts
23involving more than one board of canvassers to consult with the
government
24accountability board commission staff prior to beginning any recount in order to
25ensure that uniform procedures are used, to the extent practicable, in such recounts.
AB388-engrossed,55,22
10.06
(1) (title)
Government accountability board Elections commission.
AB388-engrossed,55,44
11.01
(4m) "Commission" means the ethics commission.
AB388-engrossed,55,16
611.09 Duplicate reports required in certain cases. (3) Each registrant
7whose filing officer is the
board commission, who or which makes disbursements in
8connection with elections for offices which serve or referenda which affect only one
9county or portion thereof, except a candidate, personal campaign committee,
10political party committee or other committee making disbursements in support of or
11in opposition to a candidate for state senator, representative to the assembly, court
12of appeals judge or circuit judge, shall file a duplicate original of each financial report
13filed with the
board commission with the county clerk or board of election
14commissioners of the county in which the elections in which the registrant
15participates are held. Such reports shall be filed no later than the dates specified
16under s. 11.20 (2) and (4) for the filing of each report with the
board commission.
AB388-engrossed,55,20
17(4) In every case where a duplicate report is filed by the
board commission or
18by any person under sub. (3), the
board commission shall transmit a certified
19duplicate copy of the registration statement to each county clerk or board of election
20commissioners with whom a duplicate report is filed.
AB388-engrossed,55,23
2211.21 (title)
Duties of the government accountability board ethics
23commission.
AB388-engrossed,56,2
111.21
(7) (intro.) Include in its
biennial annual report under s.
15.04 (1) (d) 219.47 (5) compilations of any of the following in its discretion:
AB388-engrossed,56,84
11.30
(2) (fm) This subsection does not apply to communications printed on
5pins, buttons, pens, balloons, nail files and similar small items on which the
6information required by this subsection cannot be conveniently printed. The
board
7may commission shall, by rule, specify small items not mentioned in this paragraph
8to which this subsection shall not apply.
AB388-engrossed,56,1610
11.60
(4) Except as otherwise provided in ss.
5.05 (2m) (c) 15. and 16. and (h),
115.08, and 5.081 19.49 (2) (b) 13. and 14. and (g) and 19.554, actions under this section
12may be brought by the
board commission or by the district attorney for the county
13where the defendant resides or, if the defendant is a nonresident, by the district
14attorney for the county where the violation is alleged to have occurred. For purposes
15of this subsection, a person other than
a natural person an individual resides within
16a county if the person's principal place of operation is located within that county.
AB388-engrossed,56,2418
11.61
(2) Except as otherwise provided in ss.
5.05 (2m) (c) 15. and 16. and (i),
195.08, and 5.081 19.49 (2) (b) 13. and 14. and (h), and 19.554, all prosecutions under
20this section shall be conducted by the district attorney for the county where the
21defendant resides or, if the defendant is a nonresident, by the district attorney for the
22county where the violation is alleged to have occurred. For purposes of this
23subsection, a person other than
a natural person
an individual resides within a
24county if the person's principal place of operation is located within that county.
AB388-engrossed,128
1Section
128. 12.01 of the statutes is renumbered 12.01 (intro.) and amended
2to read:
AB388-engrossed,57,4
312.01 Definitions. (intro.) The definitions given under s. 11.01 apply to this
4chapter, except
that a "candidate" as follows:
AB388-engrossed,57,5
5(1) "Candidate" includes
candidates a candidate for national office.
AB388-engrossed,57,77
12.01
(2) "Commission" means the elections commission.
AB388-engrossed,57,179
12.13
(5) (a) Except as specifically authorized by law and except as provided
10in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or
11member or employee of the
board commission may disclose information related to an
12investigation or prosecution under chs. 5 to
10 or 12,
subch. III of ch. 13, or subch.
13III of ch. 19 or any other law specified in s. 978.05 (1) or (2) or provide access to any
14record of the investigator, prosecutor, or the
board
commission that is not subject to
15access under s. 5.05 (5s) to any person other than an employee or agent of the
16prosecutor or investigator or a member, employee, or agent of the
board commission 17prior to
presentation of presenting the information or record in a court of law.
AB388-engrossed,57,2219
13.123
(3) (b) 2. In making the determination under subd. 1., the chief clerk is
20bound by the determination of the chairperson of the
government accountability
21board elections commission or the chairperson's designee if such determination has
22been issued.
AB388-engrossed,58,8
2413.23 Election contests; notice. Any person wishing to contest the election
25of any senator or member of the assembly shall, within 30 days after the decision of
1the board of canvassers, serve a notice in writing on the person whose election the
2contestant intends to contest, stating briefly that the election will be contested and
3the cause of such contest, and shall file a copy thereof in the office of the
government 4accountability board elections commission at least 10 days before the day fixed by
5law for the meeting of the legislature. The
government accountability board 6elections commission shall then send a copy of s. 13.24 to both contestants. If any
7contestant fails to so file a copy of such notice, the contestant shall not be entitled to
8any mileage or salary in case payment has been made therefor to the sitting member.
AB388-engrossed,58,1111
13.62
(5m) "Commission" means the ethics commission.
AB388-engrossed,59,213
13.63
(1) (a) An
application applicant for a license to act as a lobbyist may
be
14obtained obtain an application from and
filed file the application with the
board 15commission. Except as authorized under par. (am), an applicant shall include his or
16her social security number on the application. The
application applicant shall
be
17signed, under the penalty for making false statements under s. 13.69 (6m),
by the
18lobbyist sign the application. The applicant shall submit with the application the
19applicable fee under s. 13.75 (1) or (1m). Upon approval of the application
and
20payment of the applicable license fee under s. 13.75 (1) or (1m) to the board by the
21commission, the
board commission shall issue a license
which to the applicant. A
22license issued under this paragraph entitles the licensee to practice lobbying on
23behalf of each registered principal
who or which has filed for whom or which an
24authorization
for that lobbyist, as required under s. 13.65
for that lobbyist, has been
25filed and
paid for whom or which the authorization fee under s. 13.75 (4)
. The has
1been paid. A license
issued under this paragraph shall expire on December 31 of each
2even-numbered year.
AB388-engrossed,59,7
413.685 Duties of the government accountability board ethics
5commission. (1) The
board commission shall prescribe forms and instructions for
6preparing and filing license applications under s. 13.63 (1), registration applications
7under s. 13.64 and the statements required under ss. 13.68 and 13.695.
AB388-engrossed,59,11
8(2) The
board commission shall prepare and publish a manual setting forth
9recommended uniform methods of accounting and reporting for use by persons who
10are required to provide information under s. 13.68 (4) or to file statements under s.
1113.68 or 13.695.
AB388-engrossed,59,12
12(3) The
board commission shall examine each statement filed under s. 13.68.