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.
AB388-engrossed,59,14
13(4) The
board commission shall, by rule, define what constitutes a "topic" for
14purposes of ss. 13.67 and 13.68 (1) (bn).
AB388-engrossed,60,4
15(7) Beginning with the 3rd Tuesday following the beginning of any regular or
16special session of the legislature and on every Tuesday thereafter for the duration
17of such session, the
board commission shall, from its records, submit to the chief clerk
18of each house of the legislature, for distribution to the legislature under s. 13.172 (2),
19a report of the names of lobbyists licensed under s. 13.63 and the names of officers
20and employees of agencies filed under s. 13.695 who were not previously reported,
21the names of the principals or agencies whom they represent and the general areas
22of legislative and administrative action which are the object of their lobbying activity.
23Such reports shall be incorporated into the journal of the senate and a copy filed in
24the office of the chief clerk of the assembly. The
board commission shall also notify
25the chief clerk of each house that a copy of each statement which is required to be filed
1under ss. 13.68 and 13.695 is available upon request. Such copy shall be open to
2public inspection but shall not be incorporated in the journal unless the chief clerk
3so orders. The
board commission shall include in its
biennial report under s. 15.04
4(1) (d), a summary of the statements it has received under ss. 13.68 and 13.695.
AB388-engrossed,60,116
14.38
(10m) Notification of constitutional amendment. If an amendment to
7the Wisconsin Constitution is approved that requires the legislature to provide for
8temporary succession to the powers and duties of public offices for the period of an
9emergency resulting from a cause other than an enemy action, within 30 days after
10the
government accountability board
elections commission records the approval
11under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.
AB388-engrossed,60,2213
15.01
(2) "Commission" means a 3-member governing body in charge of a
14department or independent agency or of a division or other subunit within a
15department, except for the Wisconsin waterways commission which shall consist of
165 members
, the elections commission which shall consist of at least 6 members, the
17ethics commission which shall consist of at least 6 members, and the parole
18commission which shall consist of 8 members. A Wisconsin group created for
19participation in a continuing interstate body, or the interstate body itself, shall be
20known as a "commission", but is not a commission for purposes of s. 15.06. The parole
21commission created under s. 15.145 (1) shall be known as a "commission", but is not
22a commission for purposes of s. 15.06.
AB388-engrossed,61,1224
15.04
(1) (d)
Biennial report. On or before October 15 of each odd-numbered
25year, submit to the governor and the chief clerk of each house of the legislature, for
1distribution to the legislature under s. 13.172 (2), a report on the performance and
2operations of the department or independent agency during the preceding biennium,
3and projecting the goals and objectives of the department or independent agency as
4developed for the program budget report. The secretary of administration may
5prescribe the format of the report and may require such other information deemed
6appropriate. Each department or independent agency shall provide a copy of its
7biennial report to legislators upon request. Any department or independent agency
8may issue such additional reports on its findings and recommendations as its
9operations require. A department or independent agency may, on or before October
1015, submit an annual report prepared by it, in place of the biennial report required
11under this paragraph, if the submission of the annual reports is approved by the
12secretary of administration
or is otherwise required by law.
AB388-engrossed,61,1514
15.06
(1) (d) Members of the elections commission shall be appointed and serve
15terms as provided under s. 15.61.
AB388-engrossed,61,1817
15.06
(1) (e) Members of the ethics commission shall be appointed and serve
18terms as provided under s. 15.62.
AB388-engrossed,62,421
15.06
(2) (a)
Each Except as provided in par. (b), each commission may annually
22elect officers other than a chairperson from among its members as its work requires.
23Any officer may be reappointed or reelected. At the time of making new nominations
24to commissions, the governor shall designate a member or nominee of each
25commission, other than the public service commission,
and except as provided in par.
1(b), to serve as the commission's chairperson for a 2-year term expiring on March 1
2of the odd-numbered year except that the labor and industry review commission
3shall elect one of its members to serve as the commission's chairperson for a 2-year
4term expiring on March 1 of the odd-numbered year.
AB388-engrossed,62,146
15.06
(2) (b) 1. The chairperson of the elections commission shall be chosen by
7affirmative vote of at least two-thirds of the commission members at the
8commission's first meeting every 2 years. The chairperson shall serve a 2-year term.
9The first chairperson shall be chosen from the commissioners affiliated with the
10same major political party. The major political party from which to select the first
11chairperson shall be determined by lot. The 2nd chairperson shall be chosen from
12the commissioners affiliated with the other major political party. Each subsequent
13chairperson shall be chosen from the commissioners affiliated with the 2 major
14political parties on a rotating basis.
AB388-engrossed,62,2215
2. The chairperson of the ethics commission shall be chosen by affirmative vote
16of at least two-thirds of the commission members at the commission's first meeting
17every 2 years. The chairperson shall serve a 2-year term. The first chairperson shall
18be chosen from the commissioners affiliated with the same major political party. The
19major political party from which to select the first chairperson shall be determined
20by lot. The 2nd chairperson shall be chosen from the commissioners affiliated with
21the other major political party. Each subsequent chairperson shall be chosen from
22the commissioners affiliated with the 2 major political parties on a rotating basis.
AB388-engrossed,62,2424
15.06
(3) (a) 5. Members of the elections commission.
AB388-engrossed,63,1
115.06
(3) (a) 6. Members of the ethics commission.
AB388-engrossed,63,83
15.06
(5) Frequency of meetings; place. Every commission shall meet on the
4call of the chairperson or a majority of its members. Every commission shall
5maintain its offices in Madison, but may meet or hold hearings at such other
6locations as will best serve the citizens of this state.
The elections commission and
7the ethics commission shall meet in person at least 4 times each year and shall
8conduct meetings in accordance with accepted parliamentary procedure.
AB388-engrossed,63,1310
15.06
(6) Quorum. A majority of the membership of a commission constitutes
11a quorum to do business, except that vacancies shall not prevent a commission from
12doing business. This subsection does not apply to the parole commission
, elections
13commission, or ethics commission.
AB388-engrossed,63,1815
15.06
(10) Compensation. Members of the elections commission and members
16of the ethics commission shall receive for each day they were actually and necessarily
17engaged in performing their duties a per diem equal to the amount prescribed under
18s. 753.075 (3) (a) for reserve judges sitting in circuit court.
AB388-engrossed,64,621
15.07
(1) (cm)
The term of one member of the government accountability board
22shall expire on each May 1. The terms of the 3 members of the land and water
23conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1.
24The term of the member of the land and water conservation board appointed under
25s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of
1the appraiser members of the real estate appraisers board and the terms of the
2auctioneer and auction company representative members of the auctioneer board
3shall expire on May 1 in an even-numbered year. The terms of the members of the
4cemetery board shall expire on July 1 in an even-numbered year. The term of the
5student member of the Board of Regents of the University of Wisconsin System who
6is at least 24 years old shall expire on May 1 of every even-numbered year.
AB388-engrossed,64,149
15.07
(4) Quorum. A majority of the membership of a board constitutes a
10quorum to do business and, unless a more restrictive provision is adopted by the
11board, a majority of a quorum may act in any matter within the jurisdiction of the
12board. This subsection does not apply to actions of
the government accountability
13board or the school district boundary appeal board as provided in
ss. 5.05 (1e) and 14s. 117.05 (2) (a).