Amendment AP8 SSA1-SB1

LRBs0711/1

JTK&MES:jlg&kmg:ijs

April 1998 Special Session

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 1

May 14, 1998 - Offered by Joint committee on Finance.

SB1-SSA1,4,12 An Act to repeal 5.25 (4) (b), 5.35 (6) (a) 4., 5.55 (form), 5.58 (2) (b), 5.64 (1) (c), 5.64 (2) (a) and (b), 5.64 (3) (intro.), 6.865 (2), 6.92 (1) to (6), 6.925 (1) to (6), 7.15 (1) (cs), 8.17 (2), (3) and (4) (a) and (b), 10.66 (1m) (a), 10.76 (1r) (a), 11.05 (3) (n), 11.06 (3), 11.31 (3m), 11.31 (4), 11.38 (2) (c) and 11.50 (4) (d); to renumber 5.02 (1); to renumber and amend 5.55 (intro.), 5.58 (2) (a), 5.62 (1) (b), 5.62 (2), 5.64 (1) (e), 5.64 (3) (a), 5.64 (3) (b), 6.92 (intro.), 6.925 (intro.), 8.17 (4) (c) and 11.50 (9); to consolidate, renumber and amend 6.865 (intro.) and (1); to amend 5.01 (4) (a), 5.02 (8m), 5.05 (1) (e), 5.15 (6) (b), 5.25 (1), 5.37 (3), 5.58 (1c), 5.58 (1r), 5.58 (2m), 5.60 (1) (intro.), 5.60 (1) (b), 5.60 (8) (a), 5.62 (1) (a), 5.62 (5), 5.64 (1) (intro.), 5.64 (1) (a), 5.64 (1) (b), 5.64 (1) (d), 5.64 (1) (f), 5.65, 5.81 (2), 6.15 (3) (b), 6.24 (1), (2) and (3), 6.24 (5), 6.28 (1), 6.29 (1), 6.77 (2), 6.79 (intro.), 6.79 (1), 6.79 (2), 6.80 (2) (e) and (f), 6.85, 6.86 (1) (b), 6.86 (3) (a), 6.87 (2), 6.88 (1), 7.03 (1) (bm), 7.08 (2) (c), 7.08 (2) (cm), 7.15 (2) (d), 7.30 (2) (a), 7.51 (2) (e), 7.51 (2) (g), 7.51 (4) (a), 7.53 (1), 7.53 (2) (d), 7.53 (3) (a), 7.60 (2), 7.60 (4) (a), 7.60 (4) (b), 7.60 (4) (c), 7.60 (5), 7.60 (6), 7.70 (3) (d), 7.70 (3) (f), 8.05 (1) (j), 8.05 (3) (d) and (e), 8.05 (5), 8.06, 8.10 (3) (intro.), 8.10 (6) (a), 8.11 (1) (b) and (d), (2), (2m) and (5), 8.12 (2), 8.15 (4) (a), 8.17 (1) (a), 8.17 (5) (b), 8.20 (3), 8.20 (9), 8.21, 8.35 (2) (a), 8.35 (4) (b) to (d), 8.40 (2), 8.50 (1) (a), 8.50 (1) (b), 8.50 (2) (a), 8.50 (4) (fm), 9.01 (1) (ag) 1. and 2., 9.01 (2), 9.01 (5) (a), 9.01 (7) (a), 9.20 (4), 10.02 (3) (b) 1., 10.02 (3) (b) 2., 10.02 (3) (b) 2m., 10.02 (3) (b) 3. and 4., (c) and (d), 10.82 (1) (e), 10.82 (2) (d), 10.82 (3) (d), 10.82 (4) (d), 10.82 (5) (c), 11.01 (12s), 11.01 (16) (a) 1., 11.02 (3), 11.03 (1), 11.05 (2r), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (a), 11.06 (1) (j), 11.06 (2), 11.06 (4) (b), 11.06 (7) (title), 11.06 (7) (a), 11.06 (7) (b), 11.06 (7) (c), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m) (c), 11.06 (11) (a), 11.09 (3), 11.12 (1) (a), 11.12 (1) (d), 11.12 (4), 11.12 (6), 11.16 (1) (a) and (b), 11.19 (1), 11.19 (2), 11.19 (4), 11.20 (1), 11.20 (7), 11.21 (9), 11.21 (15), 11.21 (16), 11.22 (10), 11.23 (4), 11.25 (2) (b), 11.26 (1) (intro.), 11.26 (1) (b), (c), (cc), (cg), (cn), (cw) and (d), 11.26 (2) (intro.), 11.26 (8) (a), 11.26 (9) (a) and (b), 11.26 (9) (c), 11.26 (10), 11.30 (2) (d), 11.30 (5), 11.31 (1) (a), (b), (c) and (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.31 (7) (a), 11.31 (7) (c) and (d), 11.38 (title), (1) (a) and (2) (b), 11.38 (3) to (5), 11.38 (8), 11.50 (title), 11.50 (1) (b), 11.50 (2) (a), 11.50 (2) (b) 5., 11.50 (2) (g), 11.50 (2) (i), 11.50 (3) (a) (intro.), 11.50 (3) (a) 1., 11.50 (3) (a) 2., 11.50 (4) (b), 11.50 (4) (c), 11.50 (10m) (title), 11.50 (11) (d), 11.50 (11) (e), 11.50 (12), 11.60 (4) and (5), 14.58 (20), 20.510 (1) (q), 20.855 (4) (b), 24.66 (3) (b), 24.66 (4), 25.17 (1) (ys), 25.42, 32.72 (1), 38.08 (1) (a) 1., 59.05 (2), 59.08 (7) (b), 60.30 (4) (b), 60.62 (2), 60.74 (5) (b), 60.785 (2) (a), 61.187 (1), 61.46 (1), 62.09 (1) (a), 62.13 (6) (b), 64.03 (1), 64.39 (2), 64.39 (3), 66.01 (8), 66.021 (5) (a), 66.022 (3), 66.023 (4) (e) 1. and 2., 66.024 (4) (a) and (b), 66.027, 66.028 (6) (a) and (b), 66.059 (2m) (b), 66.061 (1) (c), 66.075 (5), 66.504 (2), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.05 (4) and (5), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5) (b), 67.12 (12) (e) 5., 67.12 (12) (e) 6., 71.10 (3) (title) and (a), 71.10 (3) (b) and (c), 81.01 (3) (b), 86.21 (2) (a), 92.11 (4) (c), 117.20, 119.48 (4) (b), 119.48 (4) (c), 119.49 (1) (b) and (2), 120.06 (6) (b), 120.06 (7) (a), 120.06 (7) (b), 121.91 (3) (a), 125.05 (1) (b) 5., 197.04 (1) and (2), 197.10 (2), 198.19 (1), 755.01 (4) and 778.135; and to create 5.02 (8g), 5.02 (26), 5.25 (4) (d), 5.51 (8), 5.62 (1) (b) 2., 5.62 (2) (b), 5.64 (1) (e) 2., 5.64 (1) (eg), 5.655, 6.77 (3), 7.08 (5), 7.10 (5), 7.10 (6), 7.15 (1) (L), 7.21 (2m), 8.065, 8.10 (6) (bm), 8.17 (5) (bm), 8.37, 9.01 (1) (ag) 2g. and 2r., 11.01 (13), 11.01 (20), 11.02 (3e), 11.05 (3) (q), 11.06 (1) (am), 11.06 (1) (n), 11.065, 11.16 (2e), 11.20 (3) (jm), 11.21 (18), 11.24 (1r), 11.24 (1s), 11.24 (1t), 11.24 (1w), 11.25 (2) (am), 11.25 (2) (an), 11.25 (4), 11.26 (8m), 11.26 (8w), 11.26 (9m), 11.26 (10m), 11.31 (3n), 11.31 (9), 11.387, 11.50 (2m), 11.50 (9) (a) 1. to 6., 11.50 (9a), 11.60 (3s) and (3t), 11.60 (3u), 13.82 (1) (d), 15.615, 20.855 (4) (ba), 67.05 (3) (am), 71.10 (3) (d) and 120.06 (8) (dm) of the statutes; relating to: campaign financing; authorized dates for conduct of local government referenda; absentee voting qualifications; late voter registration; location of polling places; reports on impediments to voting; selection of party committeemen and committeewomen; recount fees; delivery of recount petitions to affected candidates; minutes of recount proceedings; certifications by circulators of nomination papers and election-related petitions; presidential ballots; maintenance of poll lists in an electronic format; an elector's residency for voting purposes after municipal annexation; qualification of political parties for separate positions on partisan primary and election ballots; the date of special elections; the composition of the county board of canvassers; eligibility of adult children of overseas electors to vote in this state; reporting of election returns by ward; authorizing a county board of election commissioners to bring civil actions for violations of the campaign financing law; administration of elections for joint municipal judges; depositing ballots in ballot boxes; the time for a hearing on recount appeals; write-in absentee ballots; consolidated paper ballots; filing of referenda questions; ballot design; filing of declarations of candidacy and recording of votes received by write-in candidates in certain elections; the method of selection of election officials; the procedure for challenging electors; terms of office of town officers; authorized positions for the elections board; providing an exemption from emergency rule procedures; granting rule-making authority; requiring a referendum; providing penalties; and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1-SSA1, s. 1 Section 1. 5.01 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB1-SSA1,4,21 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board.

SB1-SSA1, s. 2 Section 2. 5.02 (1) of the statutes is renumbered 5.02 (1c).

SB1-SSA1, s. 3 Section 3. 5.02 (8g) of the statutes is created to read.

SB1-SSA1,5,1 5.02 (8g) "Local governmental unit" has the meaning given in s. 16.97 (7).

SB1-SSA1, s. 4 Section 4. 5.02 (8m) of the statutes is amended to read:

SB1-SSA1,5,9 5.02 (8m) "Labor organization", except for purposes of s. 11.387, means any employe organization in which employes participate and which exists primarily for the purpose of engaging in collective bargaining with any employer concerning grievances, labor disputes, wages, hours or conditions of employment, or the promotion and advancement of the professional or occupational standards and the welfare of its members and families and any organization established for the same purposes composed of individuals or affiliates of any such employe organization.

SB1-SSA1, s. 5 Section 5. 5.02 (26) of the statutes is created to read:

SB1-SSA1,5,13 5.02 (26) "Write-in candidate" means a candidate who seeks or receives votes at an election for an office without qualifying to have his or her name appear on the ballot at that election for the office for which the candidate seeks or receives votes.

SB1-SSA1, s. 6 Section 6. 5.05 (1) (e) of the statutes is amended to read:

SB1-SSA1,5,23 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

SB1-SSA1, s. 7 Section 7. 5.15 (6) (b) of the statutes is amended to read:

SB1-SSA1,6,23 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000 , or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

SB1-SSA1, s. 8 Section 8. 5.25 (1) of the statutes is amended to read:

SB1-SSA1,7,6 5.25 (1) All elections under chs. 5 to 12 shall be held at the polling places provided in this section. So far as practicable, the The places chosen shall be public buildings, unless the use of a public building for this purpose is impracticable or a nonpublic building better serves the needs of the electorate, as determined by the authority charged with the responsibility for establishing polling places under sub. (2).

SB1-SSA1, s. 9 Section 9. 5.25 (4) (b) of the statutes is repealed.

SB1-SSA1, s. 10 Section 10. 5.25 (4) (d) of the statutes is created to read:

SB1-SSA1,7,13 5.25 (4) (d) No later than June 30, 1999, and every 2 years thereafter, the board shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the board shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

SB1-SSA1, s. 11 Section 11. 5.35 (6) (a) 4. of the statutes is repealed.

SB1-SSA1, s. 12 Section 12. 5.37 (3) of the statutes is amended to read:

SB1-SSA1,7,19 5.37 (3) For presidential electors one device shall be provided to vote for all of one party's electoral candidates at the same time. The device shall be opposite or adjacent to the ballot containing the names of the party's candidates for president and vice president.

SB1-SSA1, s. 13 Section 13. 5.51 (8) of the statutes is created to read:

SB1-SSA1,7,22 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the board under s. 7.08 (1) (a).

SB1-SSA1, s. 14 Section 14. 5.55 (intro.) of the statutes is renumbered 5.55 and amended to read:

SB1-SSA1,8,12 5.55 Ballot identification. On every ballot, except a ballot label or voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot. When a ballot card is employed with an electronic voting system, the date of the election may be printed or stamped on the back of the ballot card in such a manner that the card is not reusable, at the option of the county clerk. Each ballot shall be prepared in substantially the following form:

SB1-SSA1, s. 15 Section 15. 5.55 (form) of the statutes is repealed.

SB1-SSA1, s. 16 Section 16. 5.58 (1c) of the statutes is amended to read:

SB1-SSA1,8,20 5.58 (1c) Municipal judge. There shall be a separate ballot for municipal judges if they are elected under s. 755.01 (4). Arrangement of the names on the ballot shall be determined by the board. The ballot shall be entitled "Official Primary Ballot for Municipal Judge" county clerk or the executive director of the county board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

SB1-SSA1, s. 17 Section 17. 5.58 (1r) of the statutes is amended to read:

SB1-SSA1,9,4 5.58 (1r) Town sanitary district commission. There shall be a separate ballot for members of the town sanitary district commission if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with one or more towns. Candidates for different seats shall be listed in separate columns or rows if more than one seat is contested in any election. Arrangement of the names on the ballot shall be determined by the town clerk of the town whose board of supervisors directs the election, in the same manner as provided in s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Town Sanitary District Commission".

SB1-SSA1, s. 18 Section 18. 5.58 (2) (a) of the statutes is renumbered 5.58 (2) and amended to read:

SB1-SSA1,9,18 5.58 (2) State superintendent of public instruction; judiciary; county executive; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

SB1-SSA1, s. 19 Section 19. 5.58 (2) (b) of the statutes is repealed.

SB1-SSA1, s. 20 Section 20. 5.58 (2m) of the statutes is amended to read:

SB1-SSA1,9,24 5.58 (2m) Metropolitan sewerage commission. There shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 66.23 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be titled "Official Primary Ballot for Metropolitan Sewerage Commission".

SB1-SSA1, s. 21 Section 21. 5.60 (1) (intro.) of the statutes is amended to read:

SB1-SSA1,10,12 5.60 (1) State superintendent; judiciary; county executive and county supervisors. (intro.) There shall be one separate ballot for state superintendent, judicial officers, county executive and county supervisor. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement of the names of candidates for county executive and, county supervisor and municipal judge, if the judge is elected under s. 755.01 (4), shall be determined by the county clerk or the executive director of the county board of election commissioners determining ballot arrangement under s. 5.58 (1c), in the manner prescribed in par. (b).

SB1-SSA1, s. 22 Section 22. 5.60 (1) (b) of the statutes is amended to read:

SB1-SSA1,10,24 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge, municipal judge elected under s. 755.01 (4) and, if commissioners are elected under s. 66.23 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

SB1-SSA1, s. 23 Section 23. 5.60 (8) (a) of the statutes is amended to read:

SB1-SSA1,11,2 5.60 (8) (a) An official ballot shall be printed and provided for use in each voting district. The form of each ballot shall be substantially as follows:

SB1-SSA1,11,3 1. Form 1, to be used when there are several candidates:

SB1-SSA1,11,4 OFFICIAL BALLOT

SB1-SSA1,11,5 PRESIDENTIAL PREFERENCE VOTE