SB294,24
17Section
24. 5.05 (2m) (c) 14. of the statutes is amended to read:
SB294,15,218
5.05
(2m) (c) 14. If a special investigator or the
commission administrator
of
19the ethics and accountability division of the board, in the course of an investigation
20authorized by the
board commission, discovers evidence of a potential violation of a
21law that is not administered by the
board commission arising from or in relation to
22the official functions of the subject of the investigation or any matter that involves
23elections
, ethics, or lobbying regulation, the special investigator or the administrator
24may present that evidence to the
board commission. The
board commission may
25thereupon refer the matter to the appropriate district attorney specified in subd. 11.
1or may refer the matter to the attorney general. The attorney general may then
2commence a civil or criminal prosecution relating to the matter.
SB294,25
3Section
25. 5.05 (2m) (d) 1. of the statutes is amended to read:
SB294,15,74
5.05
(2m) (d) 1. No individual who serves as the
legal counsel to the board or
5as a division commission administrator
for the board may have been a lobbyist, as
6defined in s. 13.62 (11). No such individual may have served in a partisan state or
7local office.
SB294,26
8Section
26. 5.05 (2m) (g) of the statutes is repealed.
SB294,27
9Section
27. 5.05 (2m) (h) of the statutes is amended to read:
SB294,15,1610
5.05
(2m) (h) If the defendant in an action for a civil violation of chs. 5 to
10 or
1112
, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge
12or a candidate for either such office, the action shall be brought by the
board 13commission. If the defendant in an action for a civil violation of chs. 5 to
10 or 12
,
14subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for
15that office, the
board commission may appoint special counsel to bring suit on behalf
16of the state.
SB294,28
17Section
28. 5.05 (2m) (i) of the statutes is amended to read:
SB294,15,2418
5.05
(2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
1910 or 12
, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit
20judge or a candidate for either such office, the action shall be brought by the attorney
21general. If the defendant in an action for a criminal violation of chs. 5 to
10 or 12
,
22subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for
23that office, the
board commission may appoint a special prosecutor to conduct the
24prosecution on behalf of the state.
SB294,29
25Section
29. 5.05 (2m) (k) of the statutes is created to read:
SB294,16,3
15.05
(2m) (k) The commission's power to initiate civil actions under this
2subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for
3alleged civil violations of chs. 5 to 10 or 12.
SB294,30
4Section
30. 5.05 (2q) of the statutes is created to read:
SB294,16,255
5.05
(2q) Supplemental funding for ongoing investigations. The commission
6may request supplemental funds to be credited to the appropriation account under
7s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
8under sub. (2m). A request under this subsection shall be filed with the secretary of
9administration and the cochairpersons of the joint committee on finance in writing
10and shall contain a statement of the action requested, the purposes therefor, the
11statutory provision authorizing or directing the performance of the action, and
12information about the nature of the investigation for which the commission seeks
13supplemental funds, excluding the name of any individual or organization that is the
14subject of the investigation. If the cochairpersons of the joint committee on finance
15do not notify the secretary of administration that the committee has scheduled a
16meeting for the purpose of reviewing the request within 14 working days after the
17commission filed the request, the secretary shall supplement the appropriation
18under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
19not to exceed the amount the commission requested. If, within 14 working days after
20the commission filed the request, the cochairpersons of the joint committee on
21finance notify the secretary that the committee has scheduled a meeting for the
22purpose of reviewing the commission's request under this subsection, the secretary
23may supplement the appropriation under s. 20.510 (1) (be) only with the committee's
24approval. The committee and the secretary shall notify the commission of all their
25actions taken under this subsection.
SB294,31
1Section
31. 5.05 (2s) of the statutes is repealed.
SB294,32
2Section
32. 5.05 (2w) of the statutes is amended to read:
SB294,17,63
5.05
(2w) Elections Division commission. The elections
division commission 4has the responsibility for the administration of chs. 5 to 10 and 12.
The commission
5administrator may designate a commission employee to serve as the commission's
6legal counsel.
SB294,33
7Section
33. 5.05 (3d) of the statutes is created to read:
SB294,17,148
5.05
(3d) Administrator. The commission shall appoint an administrator in
9the manner provided under s. 15.61 (1) (b). The administrator shall be outside the
10classified service. The administrator shall appoint such other personnel as he or she
11requires to carry out the duties of the commission and may designate a commission
12employee to serve as the commission's legal counsel. The administrator shall
13perform such duties as the commission assigns to him or her in the administration
14of chs. 5 to 10 and 12.
SB294,34
15Section
34. 5.05 (3g) of the statutes is amended to read:
SB294,17,1716
5.05
(3g) Chief election officer. The
board commission administrator shall
17designate an employee of the board to serve as the chief election officer of this state.
SB294,35
18Section
35. 5.05 (5e) of the statutes is amended to read:
SB294,18,819
5.05
(5e) Biennial Annual report. The
board commission shall
include in its
20biennial submit an annual report under s. 15.04 (1) (d)
and shall include in its annual
21report the names and duties of all individuals employed by the
board commission and
22a summary of its determinations and advisory opinions issued under sub. (6a).
23Except as authorized or required under sub. (5s) (f) 2., the
board commission shall
24make sufficient alterations in the summaries to prevent disclosing the identities of
25individuals or organizations involved in the decisions or opinions.
The board may
1also include in its biennial report any information compiled under s. 11.21 (7) The
2commission shall identify in its report the statutory duties of the commission
3administrator, together with a description of the manner in which those duties are
4being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also
5specify in its report the total number of investigations conducted by the commission
6since the last annual report and a description of the nature of each investigation. The
7board commission shall make such further reports on the matters within its
8jurisdiction and such recommendations for further legislation as it deems desirable.
SB294,36
9Section
36. 5.05 (5s) (intro.) of the statutes is amended to read:
SB294,18,1410
5.05
(5s) Access to records. (intro.) Records obtained or prepared by the
board 11commission in connection with an investigation, including the full text of any
12complaint received by the
board commission, are not subject to the right of inspection
13and copying under s. 19.35 (1), except as
provided in pars. (d) and (e) and except that 14follows:
SB294,37
15Section
37. 5.05 (5s) (am) of the statutes is created to read:
SB294,18,1816
5.05
(5s) (am) The commission shall provide to the joint committee on finance
17records obtained or prepared by the commission in connection with an ongoing
18investigation when required under sub. (2q).
SB294,38
19Section
38. 5.05 (5s) (b) of the statutes is amended to read:
SB294,18,2220
5.05
(5s) (b) Investigatory records of the
board commission may be made public
21in the course of a prosecution initiated under chs. 5 to
10 or 12
, subch. III of ch. 13,
22or subch. III of ch. 19.
SB294,19,3
15.05
(5s) (bm) The
board
commission shall provide investigatory records to the
2state auditor and the employees of the legislative audit bureau to the extent
3necessary for the bureau to carry out its duties under s. 13.94.
SB294,40
4Section
40. 5.05 (5s) (d) of the statutes is amended to read:
SB294,19,115
5.05
(5s) (d) If the
board commission commences a civil prosecution of a person
6for an alleged violation of chs. 5 to
10 or 12
, subch. III of ch. 13, or subch. III of ch.
719 as the result of an investigation, the person who is the subject of the investigation
8may authorize the
board commission to make available for inspection and copying
9under s. 19.35 (1) records of the investigation pertaining to that person if the records
10are available by law to the subject person and the
board commission shall then make
11those records available.
SB294,41
12Section
41. 5.05 (5s) (f) 2. a. and b. of the statutes are consolidated,
13renumbered 5.05 (5s) (f) 2. a. and amended to read:
SB294,19,2214
5.05
(5s) (f) 2. a. The
board commission may make records
obtained in
15connection with an informal advisory opinion under subd. 1. public with the consent
16of the individual requesting the
informal advisory opinion or the organization or
17governmental body on whose behalf it is requested.
b. A person who makes or
18purports to make public the substance of or any portion of an
informal advisory
19opinion requested by or on behalf of the person is deemed to have waived the
20confidentiality of the request for an
informal advisory opinion and of any records
21obtained or prepared by the
board commission in connection with the request for an
22informal advisory opinion.
SB294,42
23Section
42. 5.05 (5s) (f) 2. c. of the statutes is amended to read:
SB294,20,324
5.05
(5s) (f) 2. c. The
board commission shall make public
formal and informal 25advisory opinions and records obtained in connection with requests for
formal or
1informal advisory opinions relating to matters under the jurisdiction of the
elections
2division commission, including the identity of individuals requesting such opinions
3or organizations or governmental bodies on whose behalf they are requested.
SB294,43
4Section
43. 5.05 (5t) of the statutes is created to read:
SB294,20,105
5.05
(5t) Guidance following binding court decisions. Within 2 months
6following the publication of a decision of a state or federal court that is binding on
7the commission and this state, the commission shall issue updated guidance or
8formal advisory opinions, commence the rule-making procedure to revise
9administrative rules promulgated by the commission, or request an opinion from the
10attorney general on the applicability of the court decision.
SB294,44
11Section
44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and
12amended to read:
SB294,21,413
5.05
(6a) (a) 1. Any individual, either personally or on behalf of an organization
14or governmental body, may make a
written or electronic request of the
board 15commission in writing, electronically, or by telephone for
an a formal or informal 16advisory opinion regarding the propriety under chs. 5 to
10 or 12
, subch. III of ch. 13,
17or subch. III of ch. 19 of any matter to which the person is or may become a party
;
18and any. Any appointing officer, with the consent of a prospective appointee, may
19request of the
board an commission a formal or informal advisory opinion regarding
20the propriety under chs. 5 to
10 or 12
, subch. III of ch. 13, or subch. III of ch. 19 of
21any matter to which the prospective appointee is or may become a party. The
board 22commission shall review a request for an advisory opinion and may issue a formal
23or informal written or electronic advisory opinion to the person making the request.
24Except as authorized or required for opinions specified in sub. (5s) (f) 2., the
board's 25commission's deliberations and actions upon such requests shall be in meetings not
1open to the public.
No person acting in good faith upon an advisory opinion issued
2by the board is subject to criminal or civil prosecution for so acting, if the material
3facts are as stated in the opinion request A member of the commission may, by
4written request, require the commission to review an advisory opinion.
SB294,21,11
52. To have legal force and effect, each
formal and informal advisory opinion
6issued by the
board commission must be supported by specific legal authority under
7a statute or other law, or by specific case or common law authority. Each
formal and
8informal advisory opinion shall include a citation to each statute or other law and
9each case or common law authority upon which the opinion is based, and shall
10specifically articulate or explain which parts of the cited authority are relevant to the
11board's commission's conclusion and why they are relevant.
SB294,21,17
12(b) 1. The
board commission may authorize
its legal counsel the commission
13administrator or his or her designee to issue an informal written advisory opinion
14or
to transmit an informal advisory opinion electronically on behalf of the
board 15commission, subject to such limitations as the
board commission deems appropriate.
16Every informal advisory opinion shall be consistent with applicable formal advisory
17opinions issued by the
board. commission, statute or other law, and case law.
SB294,22,4
18(a) 4. At each regular meeting of the commission, the administrator shall
19review informal advisory opinions requested of and issued by the administrator and
20that relate to recurring issues or issues of first impression for which no formal
21advisory opinion has been issued. The commission may determine to issue a formal
22advisory opinion adopting or modifying the informal advisory opinion. If the
board 23commission disagrees with
an a formal or informal advisory opinion that has been
24issued
by or on behalf of the
board
commission, the
board commission may withdraw
25the opinion
or, issue a revised
formal or informal advisory opinion
and no, or request
1an opinion from the attorney general. No person acting after the date of the
2withdrawal or issuance of the revised advisory opinion is exempted from prosecution
3under this subsection if the opinion upon which the person's action is based has been
4withdrawn or revised in relevant degree.
SB294,22,8
5(a) 5. Except as authorized or required under sub. (5s) (f) 2., no member or
6employee of the
board commission may make public the identity of the individual
7requesting a formal or informal advisory opinion or of individuals or organizations
8mentioned in the opinion.
SB294,22,14
9(c) 2. Any person
receiving requesting a formal
or informal advisory opinion
10under this
subsection who disagrees with the opinion
paragraph may request a
11public or private hearing before the
board commission to discuss the opinion. The
12board commission shall grant a request for a public or private hearing under this
13subsection. After hearing the matter, the board may reconsider its opinion and may
14issue a revised opinion to the person. paragraph.
SB294,22,18
15(c) 3. Promptly upon issuance of each formal advisory opinion
that is not open
16to public access, the
board commission shall publish
a summary of the opinion
that
17is consistent with applicable requirements together with the information specified 18under sub. (5s) (f)
2. c. on the commission's Internet site.
SB294,45
19Section
45. 5.05 (6a) (a) 3. of the statutes is created to read:
SB294,22,2320
5.05
(6a) (a) 3. No person acting in good faith upon a formal or informal
21advisory opinion issued by the commission under this subsection is subject to
22criminal or civil prosecution for so acting, if the material facts are as stated in the
23opinion request.
SB294,46
24Section
46. 5.05 (6a) (b) 2. of the statutes is created to read:
SB294,23,6
15.05
(6a) (b) 2. Any individual may request in writing, electronically, or by
2telephone an informal advisory opinion from the commission under this paragraph.
3The commission's designee shall provide a written response, a written reference to
4an applicable statute or law, or a written reference to a formal advisory opinion of the
5commission to the individual, or shall refer the request to the commission for review
6and the issuance of a formal advisory opinion.
SB294,47
7Section
47. 5.05 (6a) (b) 3. of the statutes is created to read:
SB294,23,108
5.05
(6a) (b) 3. Any person receiving an informal advisory opinion under this
9paragraph may, at any time, request a formal advisory opinion from the commission
10on the same matter.
SB294,48
11Section
48. 5.05 (6a) (c) 1. of the statutes is created to read:
SB294,23,2012
5.05
(6a) (c) 1. Any individual may request in writing, electronically, or by
13telephone a formal advisory opinion from the commission or the review or
14modification of a formal advisory opinion issued by the commission under this
15paragraph. The individual making the request shall include all pertinent facts
16relevant to the matter. The commission shall review a request for a formal advisory
17opinion and may issue a formal advisory opinion to the individual making the
18request. Except as authorized or required for opinions specified in sub. (5s) (f) 2., the
19commission's deliberations and actions upon such requests shall be in meetings not
20open to the public.
SB294,49
21Section
49. 5.05 (6a) (c) 4. of the statutes is created to read:
SB294,23,2422
5.05
(6a) (c) 4. If the commission declines to issue a formal advisory opinion,
23it may refer the matter to the attorney general or to the standing legislative oversight
24committees.
SB294,50
25Section
50. 5.05 (9) of the statutes is amended to read:
SB294,24,6
15.05
(9) Standing. The
board commission has standing to commence or
2intervene in any civil action or proceeding for the purpose of enforcing the laws
3regulating the conduct of elections or election campaigns
, other than laws regulating
4campaign financing, or ensuring their proper administration.
If the board delegates
5authority to its legal counsel under sub. (1) (e) to act in its stead, the legal counsel
6has standing to commence or intervene in such an action or proceeding.
SB294,51
7Section
51. 5.05 (10) of the statutes is amended to read:
SB294,24,208
5.05
(10) State election administration plan. With the
assistance of the
9election administration council and approval of the joint committee on finance as
10provided in this subsection, the
board commission shall adopt and modify as
11necessary a state plan that meets the requirements of P.L.
107-252 to enable
12participation by this state in federal financial assistance programs authorized under
13that law. The
board commission shall adopt the plan and any modifications only after
14publishing a class 1 notice under ch. 985 or posting on the Internet a statement
15describing the proposed plan or modification and receiving public comment thereon.
16After approval of the proposed plan or any modification of the plan by the
board 17commission, the
board commission shall submit the proposed plan or modification
18to the joint committee on finance for the approval of the committee. The
board 19commission may adopt the proposed plan or modification only if the committee
20approves the proposed plan or modification.
SB294,52
21Section
52. 5.05 (11) of the statutes is amended to read:
SB294,25,722
5.05
(11) Aids to counties and municipalities. From the appropriations under
23s.
20.511 20.510 (1) (t) and (x), the
board commission may provide financial
24assistance to eligible counties and municipalities for election administration costs in
25accordance with the plan adopted under sub. (10). As a condition precedent to receipt
1of assistance under this subsection, the
board
commission shall enter into an
2agreement with the county or municipality receiving the assistance specifying the
3intended use of the assistance and shall ensure compliance with the terms of the
4agreement. Each agreement shall provide that if the federal government objects to
5the use of any assistance moneys provided to the county or municipality under the
6agreement, the county or municipality shall repay the amount of the assistance
7provided to the
board commission.
SB294,53
8Section
53. 5.05 (16) of the statutes is created to read:
SB294,25,129
5.05
(16) Policies and procedures. (a) Annually, the commission shall adopt
10written policies and procedures in order to govern its internal operations and
11management and shall annually report such policies and procedures to the
12appropriate standing committees of the legislature under s. 13.172 (3).
SB294,25,1713
(b) Notwithstanding par. (a), the commission may reconsider at any time any
14policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
15commission revises a previously reported policy or procedure, the commission shall
16report the revision to the appropriate standing committees of the legislature under
17s. 13.172 (3).
SB294,25,2118
(c) The commission may reconsider at any time any written directives or
19written guidance provided to the general public or to any person subject to the
20provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration
21of those provisions.
SB294,54
22Section
54. 5.05 (17) of the statutes is created to read:
SB294,26,223
5.05
(17) Payments. The commission may accept payment by credit card, debit
24card, or other electronic payment mechanism for any amounts owed pursuant to the
1administration of chs. 5 to 10 or 12, and may charge a surcharge to the payer to
2recover charges associated with the acceptance of that electronic payment.
SB294,55
3Section
55. 5.052 of the statutes is repealed.
SB294,56
4Section
56. 5.054 of the statutes is repealed.
SB294,57
5Section
57. 5.055 of the statutes is amended to read:
SB294,26,18
65.055 Election assistance commission standards board. The
commission 7administrator
of the elections division of the board shall, in consultation with the
8board commission, appoint an individual to represent this state as a member of the
9federal election assistance commission standards board. The administrator shall
10also conduct and supervise a process for the selection of an election official by county
11and municipal clerks and boards of election commissioners to represent local election
12officials of this state as a member of the federal election assistance commission
13standards board. The administrator shall ensure that the members of the federal
14election assistance commission standards board representing this state shall at no
15time be members of the same political party. Upon appointment or election of any
16new member of the federal election assistance commission standards board
17representing this state, the administrator shall transmit a notice of that member's
18appointment or election to the officer or agency designated by federal law.
SB294,58
19Section
58. 5.056 of the statutes is amended to read:
SB294,26,25
205.056 Matching program with secretary of transportation. The
21commission administrator
of the elections division of the board shall enter into the
22agreement with the secretary of transportation specified under s. 85.61 (1) to match
23personally identifiable information on the official registration list maintained by the
24board commission under s. 6.36 (1) with personally identifiable information
25maintained by the department of transportation.
SB294,59
1Section
59. 5.07 of the statutes is amended to read:
SB294,27,8
25.07 Action to compel compliance. Whenever a violation of the laws
3regulating the conduct of elections or election campaigns
, other than a violation of
4the laws regulating campaign financing, occurs or is proposed to occur, the attorney
5general or the district attorney of the county where the violation occurs or is proposed
6to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other
7such legal or equitable relief as may be appropriate to compel compliance with the
8law. No bond is required in such actions.
SB294,60
9Section
60. 5.08 of the statutes is amended to read:
SB294,27,23
105.08 Petition for enforcement. In addition to or in lieu of filing a complaint,
11any elector may file a verified petition alleging such facts as are within his or her
12knowledge to indicate that an election official has failed or is failing to comply with
13any law regulating the conduct of elections or election campaigns
, other than a law
14regulating campaign financing, or proposes to act in a manner inconsistent with such
15a law, and requesting that an action be commenced for injunctive relief, a writ of
16mandamus or prohibition or other such legal or equitable relief as may be
17appropriate to compel compliance with the law. The petition shall be filed with the
18district attorney for the county having jurisdiction to prosecute the alleged failure
19to comply under s. 978.05 (1) and (2). The district attorney may then commence the
20action or dismiss the petition. If the district attorney declines to act upon the petition
21or if the district attorney fails to act upon the petition within 15 days of the date of
22filing, the petitioner may file the same petition with the attorney general, who may
23then commence the action.
SB294,61
24Section
61. 5.09 of the statutes is repealed.
SB294,62
25Section
62. 5.40 (7) of the statutes is amended to read:
SB294,28,7
15.40
(7) Whenever a municipality adopts and purchases voting machines or an
2electronic voting system, or adopts and purchases a different type of voting machine
3or electronic voting system from the type it was previously using, the municipal clerk
4or executive director of the municipal board of election commissioners shall promptly
5notify the county clerk or executive director of the county board of election
6commissioners and the administrator of the elections
division of the board 7commission in writing.
SB294,63
8Section
63. 5.58 (2) of the statutes is amended to read:
SB294,28,219
5.58
(2) State superintendent of public instruction; judiciary; county
10executive; county comptroller; and county supervisors. There shall be one
11separate ballot for state superintendent, judicial officers, county executive under s.
1259.17, and county supervisor, except as authorized in s. 5.655. In counties having a
13population of 750,000 or more, the ballot shall also include the office of comptroller
14and in counties having a population of 500,000 or more, the ballot shall also include
15those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of candidates
16for state superintendent, justice, court of appeals judge, and circuit court judge shall
17be determined by the
board commission in the manner specified in s. 5.60 (1) (b).
18Arrangement of the names of candidates for county executive, county comptroller,
19and county supervisor shall be determined by the county clerk or by the executive
20director of the county board of election commissioners in the manner specified in s.
215.60 (1) (b).
SB294,64
22Section
64. 5.58 (2m) of the statutes is amended to read:
SB294,29,323
5.58
(2m) Metropolitan sewerage commission. Except as authorized in s.
245.655, there shall be a separate ballot for members of the metropolitan sewerage
25commission if commissioners are elected under s. 200.09 (11) (am), with candidates
1for different seats listed in separate columns or rows if more than one seat is
2contested at any election. Arrangement of the names on the ballot shall be
3determined by the
board elections commission.
SB294,65
4Section
65. 5.60 (1) (b) of the statutes is amended to read:
SB294,29,165
5.60
(1) (b) The
board elections commission shall certify the candidates' names
6and designate the official ballot arrangement for candidates for state
7superintendent, justice, court of appeals judge,
and for circuit judge and
, if
8commissioners are elected under s. 200.09 (11) (am), the for metropolitan sewerage
9commission
commissioners elected under s. 200.09 (11) (am). The arrangement of
10names of all candidates on the ballot whose nomination papers are filed with the
11board elections commission shall be determined by the
board elections commission 12by the drawing of lots not later than the 2nd Tuesday in January, or the next day if
13the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing
14of all candidates for that office shall be held by or under the supervision of the
board 15elections commission not later than the 3rd day following the completion of the
16primary canvass to determine the arrangement of candidates on the election ballot.
SB294,66
17Section
66. 5.62 (4) (b) of the statutes is amended to read:
SB294,29,2218
5.62
(4) (b) The county board of election commissioners in counties having a
19population of more than 750,000 shall prepare the official primary ballot. The
20commissioners shall arrange the names of all candidates for each office whose
21nomination papers are filed at the county level, using the same method as that used
22by the
government accountability board elections commission under s. 5.60 (1) (b).