2015 Wisconsin Act 118

(b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the government accountability board elections commission receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the government accountability board elections commission to reopen and correct the canvass. The government accountability board elections commission shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the government accountability board elections commission directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the government accountability board elections commission or secretary of the technical college district board.

118,93 Section 93. 7.70 (3) (b) of the statutes is amended to read:

7.70 (3) (b) The commission chairperson of the board or the chairperson's designee shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the commission chairperson of the board or the chairperson's designee may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the board commission.

118,94 Section 94. 7.70 (3) (i) of the statutes is amended to read:

7.70 (3) (i) The commission chairperson of the board or the chairperson's designee shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The commission chairperson of the board or the chairperson's designee shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s. 7.60. This provision does not apply to any return made subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior return from the same county for the same office; or to a statement given to the commission chairperson of the board or chairperson's designee or a messenger sent by the chairperson or designee to obtain a correction.

118,95 Section 95. 7.70 (5) (a) of the statutes is amended to read:

7.70 (5) (a) The board commission shall record in its office each certified statement and determination made by the commission chairperson of the board or the chairperson's designee. Immediately after the expiration of the time allowed to file a petition for recount, the board commission shall make and transmit to each person declared elected a certificate of election under the seal of the board commission. It shall also prepare similar certificates, attested by the commission administrator of the elections division of the board, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the board commission shall prepare a certificate of election for the governor's signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so state indicate. When a valid petition for recount is filed, the commission chairperson of the board or the chairperson's designee may not certify a nomination, and the governor or board commission may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.

118,96 Section 96. 8.05 (1) (j) 3. of the statutes is amended to read:

8.05 (1) (j) 3. A candidate for municipal judge shall, in addition to making the filings required under subd. 2., file a statement of economic interests with the board ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate, or no later than 4:30 p.m. on the next business day after the last day for filing a declaration of candidacy whenever that candidate is granted an extension of time for filing a declaration of candidacy under subd. 2.

118,97 Section 97. 8.10 (5) of the statutes is amended to read:

8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office or municipal judge shall also file a statement of economic interests with the board ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (2) (a).

118,98 Section 98. 8.10 (6) (a) of the statutes is amended to read:

8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am), in the office of the board elections commission.

118,99 Section 99. 8.15 (4) (b) of the statutes is amended to read:

8.15 (4) (b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the board ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (1).

118,100 Section 100. 8.17 (9) (a) of the statutes is amended to read:

8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents of that county may voluntarily form a committee, which, upon approval of the state committee and certification by the secretary of the state committee to the board commission and the county clerk or board of election commissioners, shall then become the county committee with equal standing as if it had been organized under sub. (5) (a). This standing shall remain unless and until a committee is organized under sub. (5) (a).

118,101 Section 101. 8.20 (6) of the statutes is amended to read:

8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the board ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (8) (a).

118,102 Section 102. 8.20 (7) of the statutes is amended to read:

8.20 (7) Nomination papers shall be filed in the office of the board commission for all state offices and the offices of U.S. senator and representative in congress, and in the office of county clerk or board of election commissioners for all county offices.

118,103 Section 103. 8.30 (2m) of the statutes is amended to read:

8.30 (2m) The official or agency with whom nomination papers and declarations of candidacy are required to be filed shall not place a candidate's name on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05 (2m) (d) 2. or 15.60 (6), 15.61 (3), or 19.49 (2) (c) 2.

118,104 Section 104. 8.50 (1) (a) of the statutes is amended to read:

8.50 (1) (a) When there is to be a special election, the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the special election for city office shall be ordered by the common council; the special election for village office shall be ordered by the board of trustees; the special election for town office shall be ordered by the town board of supervisors; the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the governing body of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the governing bodies of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the board commission. When the county board of supervisors issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the common council issues the order, it shall be filed in the office of the city clerk. When the board of trustees issues the order, it shall be filed in the office of the village clerk. When the town board of supervisors issues the order, it shall be filed in the office of the town clerk. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

118,105 Section 105. 8.50 (3) (a) of the statutes is amended to read:

8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the board ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

118,106 Section 106. 8.50 (3) (e) of the statutes is amended to read:

8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the government accountability board elections commission no later than 7 days after the special primary and 13 days after the special election.

118,107 Section 107. 9.01 (1) (a) 1. of the statutes is amended to read:

9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional and absentee ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional and absentee ballots. If the commission chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional and absentee ballots and not later than 5 p.m. on the 3rd business day following the day on which the government accountability board commission receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional and absentee ballots.

118,108 Section 108. 9.01 (1) (a) 4. of the statutes is amended to read:

9.01 (1) (a) 4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the commission chairperson of the board, or chairperson's designee, after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

118,109 Section 109. 9.01 (1) (ag) 4. of the statutes is amended to read:

9.01 (1) (ag) 4. The board commission shall deposit all moneys received by it into the account under s. 20.511 20.510 (1) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

118,110 Section 110. 9.01 (1) (ar) 3. of the statutes is amended to read:

9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the board commission receives a valid petition and any payment under par. (ag) 3., the board commission shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board commission may permit extension of the time for adjournment. Returns from a recount ordered by the board commission shall be transmitted to the office of the board commission as soon as possible, but in no case later than 13 days from the date of the order of the board commission directing the recount. The commission chairperson of the board or the chairperson's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The commission chairperson of the board or the chairperson's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

118,111 Section 111. 9.01 (5) (a) of the statutes is amended to read:

9.01 (5) (a) The board of canvassers or the commission chairperson of the board or the chairperson's designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the commission chairperson or the chairperson's designee receives exhibits from any party, the board of canvassers or the chairperson or designee shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee may administer oaths, certify official acts, and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the commission chairperson of the board or chairperson's designee, witness fees shall be paid by the board commission.

118,112 Section 112. 9.01 (5) (bm) of the statutes is amended to read:

9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board commission one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the county committee of that political party.

118,113 Section 113. 9.01 (5) (c) of the statutes is amended to read:

9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the commission chairperson of the board or the chairperson's designee, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the commission chairperson of the board or designee. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the commission chairperson of the board or the chairperson's designee receives such results, the chairperson or designee shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the commission chairperson of the board or designee may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

118,114 Section 114. 9.01 (6) (a) of the statutes is amended to read:

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.

118,115 Section 115. 9.01 (7) (a) of the statutes is amended to read:

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.

118,116 Section 116. 9.01 (8) (a) of the statutes is amended to read:

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.

118,117 Section 117. 9.01 (8) (c) of the statutes is amended to read:

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.

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

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.

118,119 Section 119. 9.01 (10) of the statutes is amended to read:

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.

118,120 Section 120. 10.06 (1) (title) of the statutes is amended to read:

10.06 (1) (title) Government accountability board Elections commission.

118,121 Section 121. 11.01 (4m) of the statutes is created to read:

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

118,122 Section 122. 11.09 of the statutes is amended to read:

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.

(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.

118,123 Section 123. 11.21 (title) of the statutes is amended to read:

11.21 (title) Duties of the government accountability board ethics commission.

118,124 Section 124. 11.21 (7) (intro.) of the statutes is amended to read:

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:

118,125 Section 125. 11.30 (2) (fm) of the statutes is amended to read:

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.

118,126 Section 126. 11.60 (4) of the statutes is amended to read:

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.

118,127 Section 127. 11.61 (2) of the statutes is amended to read:

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.

118,128 Section 128. 12.01 of the statutes is renumbered 12.01 (intro.) and amended to read:

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

(1) "Candidate" includes candidates a candidate for national office.

118,129 Section 129. 12.01 (2) of the statutes is created to read:

12.01 (2) "Commission" means the elections commission.

118,130 Section 130. 12.13 (5) (a) of the statutes is amended to read:

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.

118,131 Section 131. 13.123 (3) (b) 2. of the statutes is amended to read:

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.

118,132 Section 132. 13.23 of the statutes is amended to read:

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.

118,133 Section 133. 13.62 (4) of the statutes is repealed.

118,134 Section 134. 13.62 (5m) of the statutes is created to read:

13.62 (5m) "Commission" means the ethics commission.

118,135 Section 135. 13.63 (1) (a) of the statutes is amended to read:

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.

118,136 Section 136. 13.685 of the statutes is amended to read: