AB388: Bill Text

AB388,53,6 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the commission chairperson of the board or the chairperson's designee whenever a determination is made by the chairperson or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the commission chairperson of the board or the chairperson's designee. The appellant shall also serve notice on the board commission if the commission chairperson of the board or the chairperson's designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB388,115 Section 115. 9.01 (7) (a) of the statutes is amended to read:

AB388,53,14 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county or, municipal clerk, or board, and the commission, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county or, municipal clerk, or board, the commission, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB388,116 Section 116. 9.01 (8) (a) of the statutes is amended to read:

AB388,53,18 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the commission chairperson of the board or chairperson's designee, it shall affirm the determination.

AB388,117 Section 117. 9.01 (8) (c) of the statutes is amended to read:

AB388,54,6 9.01 (8) (c) The court may not receive evidence not offered to the board of canvassers or the commission chairperson or the chairperson's designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

AB388,118 Section 118. 9.01 (8) (d) of the statutes is amended to read:

AB388,54,17 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the commission chairperson of the board or the chairperson's designee if it finds that the board of canvassers or the chairperson or chairperson's designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the commission chairperson or the chairperson's designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

AB388,119 Section 119. 9.01 (10) of the statutes is amended to read:

AB388,54,25 9.01 (10) Standard forms and methods. The government accountability board commission shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the government accountability board commission shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the government accountability board commission staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

AB388,120 Section 120. 10.06 (1) (title) of the statutes is amended to read:

AB388,55,2 10.06 (1) (title) Government accountability board Elections commission.

AB388,121 Section 121. 11.01 (4m) of the statutes is created to read:

AB388,55,4 11.01 (4m) "Commission" means the ethics commission.

AB388,122 Section 122. 11.09 of the statutes is amended to read:

AB388,55,16 11.09 Duplicate reports required in certain cases. (3) Each registrant whose filing officer is the board commission, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board commission with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the dates specified under s. 11.20 (2) and (4) for the filing of each report with the board commission.

AB388,55,20 (4) In every case where a duplicate report is filed by the board commission or by any person under sub. (3), the board commission shall transmit a certified duplicate copy of the registration statement to each county clerk or board of election commissioners with whom a duplicate report is filed.

AB388,123 Section 123. 11.21 (title) of the statutes is amended to read:

AB388,55,23 11.21 (title) Duties of the government accountability board ethics commission.

AB388,124 Section 124. 11.21 (7) (intro.) of the statutes is amended to read:

AB388,56,2 11.21 (7) (intro.) Include in its biennial annual report under s. 15.04 (1) (d) 19.47 (5) compilations of any of the following in its discretion:

AB388,125 Section 125. 11.30 (2) (fm) of the statutes is amended to read:

AB388,56,8 11.30 (2) (fm) This subsection does not apply to communications printed on pins, buttons, pens, balloons, nail files and similar small items on which the information required by this subsection cannot be conveniently printed. The board may commission shall, by rule, specify small items not mentioned in this paragraph to which this subsection shall not apply.

AB388,126 Section 126. 11.60 (4) of the statutes is amended to read:

AB388,56,16 11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081 19.49 (2) (b) 13. and 14. and (g) and 19.554, actions under this section may be brought by the board commission or by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person an individual resides within a county if the person's principal place of operation is located within that county.

AB388,127 Section 127. 11.61 (2) of the statutes is amended to read:

AB388,56,24 11.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081 19.49 (2) (b) 13. and 14. and (h), and 19.554, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person an individual resides within a county if the person's principal place of operation is located within that county.

AB388,128 Section 128. 12.01 of the statutes is renumbered 12.01 (intro.) and amended to read:

AB388,57,4 12.01 Definitions. (intro.) The definitions given under s. 11.01 apply to this chapter, except that a "candidate" as follows:

AB388,57,5 (1) "Candidate" includes candidates a candidate for national office.

AB388,129 Section 129. 12.01 (2) of the statutes is created to read:

AB388,57,7 12.01 (2) "Commission" means the elections commission.

AB388,130 Section 130. 12.13 (5) (a) of the statutes is amended to read:

AB388,57,17 12.13 (5) (a) Except as specifically authorized by law and except as provided in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the board commission may disclose information related to an investigation or prosecution under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or any other law specified in s. 978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the board commission that is not subject to access under s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or investigator or a member, employee, or agent of the board commission prior to presentation of presenting the information or record in a court of law.

AB388,131 Section 131. 13.123 (3) (b) 2. of the statutes is amended to read:

AB388,57,22 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the government accountability board elections commission or the chairperson's designee if such determination has been issued.

AB388,132 Section 132. 13.23 of the statutes is amended to read:

AB388,58,8 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the government accountability board elections commission at least 10 days before the day fixed by law for the meeting of the legislature. The government accountability board elections commission shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB388,133 Section 133. 13.62 (4) of the statutes is repealed.

AB388,134 Section 134. 13.62 (5m) of the statutes is created to read:

AB388,58,11 13.62 (5m) "Commission" means the ethics commission.

AB388,135 Section 135. 13.63 (1) (a) of the statutes is amended to read:

AB388,59,2 13.63 (1) (a) An application applicant for a license to act as a lobbyist may be obtained obtain an application from and filed file the application with the board commission. Except as authorized under par. (am), an applicant shall include his or her social security number on the application. The application applicant shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist sign the application. The applicant shall submit with the application the applicable fee under s. 13.75 (1) or (1m). Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board by the commission, the board commission shall issue a license which to the applicant. A license issued under this paragraph entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed for whom or which an authorization for that lobbyist, as required under s. 13.65 for that lobbyist, has been filed and paid for whom or which the authorization fee under s. 13.75 (4). The has been paid. A license issued under this paragraph shall expire on December 31 of each even-numbered year.

AB388,136 Section 136. 13.685 of the statutes is amended to read:

AB388,59,7 13.685 Duties of the government accountability board ethics commission. (1) The board commission shall prescribe forms and instructions for preparing and filing license applications under s. 13.63 (1), registration applications under s. 13.64 and the statements required under ss. 13.68 and 13.695.

AB388,59,11 (2) The board commission shall prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons who are required to provide information under s. 13.68 (4) or to file statements under s. 13.68 or 13.695.

AB388,59,12 (3) The board commission shall examine each statement filed under s. 13.68.

AB388,59,14 (4) The board commission shall, by rule, define what constitutes a "topic" for purposes of ss. 13.67 and 13.68 (1) (bn).

AB388,60,4 (7) Beginning with the 3rd Tuesday following the beginning of any regular or special session of the legislature and on every Tuesday thereafter for the duration of such session, the board commission shall, from its records, submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report of the names of lobbyists licensed under s. 13.63 and the names of officers and employees of agencies filed under s. 13.695 who were not previously reported, the names of the principals or agencies whom they represent and the general areas of legislative and administrative action which are the object of their lobbying activity. Such reports shall be incorporated into the journal of the senate and a copy filed in the office of the chief clerk of the assembly. The board commission shall also notify the chief clerk of each house that a copy of each statement which is required to be filed under ss. 13.68 and 13.695 is available upon request. Such copy shall be open to public inspection but shall not be incorporated in the journal unless the chief clerk so orders. The board commission shall include in its biennial report under s. 15.04 (1) (d), a summary of the statements it has received under ss. 13.68 and 13.695.

AB388,137 Section 137. 14.38 (10m) of the statutes is amended to read:

AB388,60,11 14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the government accountability board elections commission records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.

AB388,138 Section 138. 15.01 (2) of the statutes is amended to read:

AB388,60,22 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the elections commission which shall consist of at least 6 members, the ethics commission which shall consist of at least 6 members, and the parole commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB388,139 Section 139. 15.04 (1) (d) of the statutes is amended to read:

AB388,61,12 15.04 (1) (d) Biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the performance and operations of the department or independent agency during the preceding biennium, and projecting the goals and objectives of the department or independent agency as developed for the program budget report. The secretary of administration may prescribe the format of the report and may require such other information deemed appropriate. Each department or independent agency shall provide a copy of its biennial report to legislators upon request. Any department or independent agency may issue such additional reports on its findings and recommendations as its operations require. A department or independent agency may, on or before October 15, submit an annual report prepared by it, in place of the biennial report required under this paragraph, if the submission of the annual reports is approved by the secretary of administration or is otherwise required by law.

AB388,140 Section 140. 15.06 (1) (d) of the statutes is created to read:

AB388,61,15 15.06 (1) (d) Members of the elections commission shall be appointed and serve terms as provided under s. 15.61.

AB388,141 Section 141. 15.06 (1) (e) of the statutes is created to read:

AB388,61,18 15.06 (1) (e) Members of the ethics commission shall be appointed and serve terms as provided under s. 15.62.

AB388,142 Section 142. 15.06 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 15.06 (2) (a) and amended to read:

AB388,62,4 15.06 (2) (a) Each Except as provided in par. (b), each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission, other than the public service commission, and except as provided in par. (b), to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that the labor and industry review commission shall elect one of its members to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year.

AB388,143 Section 143. 15.06 (2) (b) of the statutes is created to read:

AB388,62,8 15.06 (2) (b) 1. The chairperson of the elections commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting each year.

AB388,62,11 2. The chairperson of the ethics commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting each year.

AB388,144 Section 144. 15.06 (3) (a) 5. of the statutes is created to read:

AB388,62,13 15.06 (3) (a) 5. Members of the elections commission.

AB388,145 Section 145. 15.06 (3) (a) 6. of the statutes is created to read:

AB388,62,15 15.06 (3) (a) 6. Members of the ethics commission.

AB388,146 Section 146. 15.06 (5) of the statutes is amended to read:

AB388,62,21 15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state. The elections commission and the ethics commission shall meet in person at least 4 times each year.

AB388,147 Section 147. 15.06 (6) of the statutes is amended to read:

AB388,63,2 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission, elections commission, or ethics commission.

AB388,148 Section 148. 15.06 (10) of the statutes is created to read:

AB388,63,7 15.06 (10) Compensation. Members of the elections commission and members of the ethics commission shall receive for each day they were actually and necessarily engaged in performing their duties a per diem equal to the amount prescribed under s. 753.075 (3) (a) for reserve judges sitting in circuit court.

AB388,149 Section 149. 15.07 (1) (a) 2. of the statutes is repealed.

AB388,150 Section 150. 15.07 (1) (cm) of the statutes is amended to read:

AB388,63,20 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

AB388,151 Section 151. 15.07 (2) (b) of the statutes is repealed.

AB388,152 Section 152. 15.07 (4) of the statutes is amended to read:

AB388,64,3 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board or the school district boundary appeal board as provided in ss. 5.05 (1e) and s. 117.05 (2) (a).

AB388,153 Section 153. 15.07 (5) (m) of the statutes is repealed.

AB388,154 Section 154. 15.60 (title) of the statutes is repealed.

AB388,155 Section 155. 15.60 (1) of the statutes is renumbered 15.61 (1) (a) (intro.) and amended to read:

AB388,64,10 15.61 (1) (a) (intro.) There is created a government accountability board an elections commission consisting of 6 persons. Members shall serve for 6-year terms. the following members who shall serve for 5-year terms:

AB388,156 Section 156. 15.60 (2) of the statutes is repealed.

AB388,157 Section 157. 15.60 (3) of the statutes is repealed.

AB388,158 Section 158. 15.60 (4) of the statutes is renumbered 15.61 (2) and amended to read:

AB388,64,17 15.61 (2) No member of the commission may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.