Amendment AP8 SSA1-SB1

SB1-SSA1,61,15 9.01 (1) (ag) 1. For the purpose of this subsection, the elections board shall promulgate a rule defining the "actual cost" of conducting a recount. Each petition for a recount shall be accompanied by the fee or charge prescribed in this paragraph. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 1,000 or less votes are cast or less than .5% of the total votes cast for the office or on the question if more than 1,000 votes are cast, the petitioner is not required to pay a fee.

SB1-SSA1,61,21 2. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or at least .5% if more than 1,000 votes are cast but less than 3%, the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality where no wards exist.

SB1-SSA1, s. 121 Section 121. 9.01 (1) (ag) 2g. and 2r. of the statutes are created to read:

SB1-SSA1,62,2 9.01 (1) (ag) 2g. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 3% but less than 5%, the petitioner shall pay 50% of the actual cost of conducting the recount.

SB1-SSA1,62,6 2r. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is 5% or more, the petitioner shall pay the actual cost of conducting the recount.

SB1-SSA1, s. 122 Section 122. 9.01 (2) of the statutes is amended to read:

SB1-SSA1,62,22 9.01 (2) Notice to candidates. When the recount concerns an election for an office, the clerk or body with whom the petition is filed shall promptly prepare a copy of the petition for delivery to each opposing candidate for the same office whose name appears on the ballot. In a recount proceeding for a partisan primary, the clerk or body shall prepare a copy of the petition for delivery to each opposing candidate for the same party nomination for the same office, to each opposing candidate for the party nomination of each other party for the same office and to each independent candidate qualifying to have his or her name placed on the ballot for the succeeding election. The A candidate or agent designated by a candidate may personally accept delivery of a copy of the petition. Upon such delivery, the clerk or body shall require the candidate or agent to sign a receipt therefor. If a candidate or agent does not personally accept delivery, the clerk or body shall then promptly deliver the copies of the petition to the sheriff, who shall promptly deliver the copies of the petition to each candidate at the address given on the candidate's nomination papers, without fee, in the manner provided for service of a summons in civil actions.

SB1-SSA1, s. 123 Section 123. 9.01 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB1-SSA1,63,12 9.01 (5) (a) The board of canvassers or the chairperson of the board shall keep complete minutes of all proceedings before the board of canvassers or chairperson. Upon completion of the proceedings, the board of canvassers shall deliver one copy of its minutes to the elections board. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or chairperson receives exhibits from any party, the board of canvassers or chairperson shall number and preserve the exhibits. The board of canvassers or chairperson 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 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 chairperson of the board, witness fees shall be paid by the board.

SB1-SSA1, s. 124 Section 124. 9.01 (7) (a) of the statutes is amended to read:

SB1-SSA1,63,24 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 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 fix a place and a time for the a hearing within 5 days of the order either in open court, at chambers or before a referee and a time for the hearing in accordance with par. (b). The order shall be served upon each affected county or municipal clerk or board and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount. A reference may be ordered upon any question. At the assigned time and place, the matter shall be summarily heard and determined and costs taxed as in other civil actions.

SB1-SSA1, s. 125 Section 125. 9.20 (4) of the statutes is amended to read:

SB1-SSA1,64,12 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (1) or an election authorized under s. 8.065 (2) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

SB1-SSA1, s. 126 Section 126. 10.02 (3) (b) 1. of the statutes is amended to read:

SB1-SSA1,65,2 10.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any party, the elector shall make a (8) in the circle or depress the lever or button under next to the party designation printed shown at the top of the ballot, except that at the general election the elector shall cast one vote jointly for the offices of president and vice president or governor and lieutenant governor. A vote for candidates for president and vice president is a vote for the presidential electors of those candidates. Unless a name has been erased or crossed out, another name written in, a cross made to the right next to the name of a candidate for the same office in another column or a sticker applied, a cross in the circle next to a party designation at the top of the column is a vote for all the party's candidates listed in the column. If an elector does not wish to vote for all the candidates nominated by one party, the elector shall make a cross (8) in the square at the right of next to or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or shall insert or write in the name of a candidate.

SB1-SSA1, s. 127 Section 127. 10.02 (3) (b) 2. of the statutes is amended to read:

SB1-SSA1,65,8 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party ballot of his or her choice and shall make a cross (8) in the square at the right of next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or shall insert or write in the name of the elector's choice for a candidate.

SB1-SSA1, s. 128 Section 128. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB1-SSA1,65,19 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross (8) in the square at the right of next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin clean election campaign system fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

SB1-SSA1, s. 129 Section 129. 10.02 (3) (b) 3. and 4., (c) and (d) of the statutes are amended to read:

SB1-SSA1,66,2 10.02 (3) (b) 3. When casting a presidential preference vote, the elector shall select the party ballot of his or her choice and make a cross (8) in the square at the right of next to or depress the button or lever next to the candidate's name for whom he or she intends to vote or shall, in the alternative, make a cross (8) in the square at the right of next to or depress the button or lever next to the words "Uninstructed delegation", or shall write in the name of his or her choice for a candidate.

SB1-SSA1,66,6 4. At a nonpartisan primary, the elector shall make a cross (8) in the square at the right of next to or depress the button or lever next to the candidate's name for each office for whom he or she intends to vote, or insert or write in the name of his or her choice for a candidate.

SB1-SSA1,66,10 (c) In presidential elections, the elector shall make a cross (8) in the square at the right of next to or depress the button or lever next to the set of candidates for president and vice president for whom he or she intends to vote. The vote shall be counted for all the candidates for presidential electors of those candidates.

SB1-SSA1,66,13 (d) On referenda questions, the elector shall make a cross (8) in the square at the right of next to or depress the button or lever next to the answer which he or she intends to give.

SB1-SSA1, s. 130 Section 130. 10.66 (1m) (a) of the statutes is repealed.

SB1-SSA1, s. 131 Section 131. 10.76 (1r) (a) of the statutes is repealed.

SB1-SSA1, s. 132 Section 132. 10.82 (1) (e) of the statutes is amended to read:

SB1-SSA1,66,20 10.82 (1) (e) Date for special election. The date for the special election shall be not less than 62 92 nor more than 77 107 days from date of order except when the special election is held on the day of the spring election or the general election. See s. 8.50 (2).

SB1-SSA1, s. 133 Section 133. 10.82 (2) (d) of the statutes is amended to read:

SB1-SSA1,66,25 10.82 (2) (d) Date for special election. The date for the special election shall be not less than 62 92 nor more than 77 107 days from date of order except when the special election is held on the day of the spring election or the general election. See s. 8.50 (2).

SB1-SSA1, s. 134 Section 134. 10.82 (3) (d) of the statutes is amended to read:

SB1-SSA1,67,5 10.82 (3) (d) Date for special election. The date for the special election shall be not less than 62 92 nor more than 77 107 days from date of order except when the special election is held on the day of the spring election or the general election. See s. 8.50 (2).

SB1-SSA1, s. 135 Section 135. 10.82 (4) (d) of the statutes is amended to read:

SB1-SSA1,67,10 10.82 (4) (d) Date for special election. The date for the special election shall be not less than 62 92 nor more than 77 107 days from date of order except when the special election is held on the day of the spring election or the general election. See s. 8.50 (2).

SB1-SSA1, s. 136 Section 136. 10.82 (5) (c) of the statutes is amended to read:

SB1-SSA1,67,15 10.82 (5) (c) Date for special election. The date for the special election shall be not less than 62 92 nor more than 77 107 days from date of order except when the special election is held on the day of the spring election or the general election. See s. 8.50 (2).

SB1-SSA1, s. 137 Section 137. 11.01 (12s) of the statutes is amended to read:

SB1-SSA1,67,19 11.01 (12s) "Legislative campaign committee" means a committee which does not file an oath a statement under s. 11.06 (7) (a) organized in either house of the legislature to support candidates of a political party for legislative office.

SB1-SSA1, s. 138 Section 138. 11.01 (13) of the statutes is created to read:

SB1-SSA1,67,22 11.01 (13) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

SB1-SSA1, s. 139 Section 139. 11.01 (16) (a) 1. of the statutes is amended to read:

SB1-SSA1,68,5 11.01 (16) (a) 1. The making of a communication which expressly advocates the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum or, in the case of a registrant who or which files a statement under s. 11.06 (7) (a) or 11.065 (2), the making of such a communication by means of the use of one or more of the following words or phrases: "vote for ", "vote against", "support", "oppose", "elect", "defeat", "cast your ballot for", "cast your ballot against", "adopt" or "reject".

SB1-SSA1, s. 140 Section 140. 11.01 (20) of the statutes is created to read:

SB1-SSA1,68,8 11.01 (20) "Telephone bank operator" means any person who places or directs the placement of telephone calls to individuals.

SB1-SSA1, s. 141 Section 141. 11.02 (3) of the statutes is amended to read:

SB1-SSA1,68,14 11.02 (3) The Except as provided in sub. (3e), the "filing officer" for each candidate for local office and for each committee which or individual who is acting in support of or in opposition to any candidate for local office, but not any candidate for state office, is the clerk of the most populous jurisdiction for which any candidate who is supported or opposed seeks office.

SB1-SSA1, s. 142 Section 142. 11.02 (3e) of the statutes is created to read:

SB1-SSA1,68,20 11.02 (3e) The "filing officer" for each candidate for municipal judge elected under s. 755.01 (4) and for each committee which or individual who is acting in support of or in opposition to such a candidate, but not any candidate for state office, is the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

SB1-SSA1, s. 143 Section 143. 11.03 (1) of the statutes is amended to read:

SB1-SSA1,68,24 11.03 (1) Elections for the positions of presidential elector, and convention delegate and party committeeman or committeewoman are not subject to ss. 11.05 to 11.23 and 11.26 to 11.29.

SB1-SSA1, s. 144 Section 144. 11.05 (2r) of the statutes is amended to read:

SB1-SSA1,69,21 11.05 (2r) General reporting exemptions. Any person, committee or group, other than a committee or individual required to file an oath a statement under s. 11.06 (7) (a), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

SB1-SSA1, s. 145 Section 145. 11.05 (3) (n) of the statutes is repealed.

SB1-SSA1, s. 146 Section 146. 11.05 (3) (q) of the statutes is created to read:

SB1-SSA1,70,5 11.05 (3) (q) In the case of a committee which does not maintain a street address within this state, a report providing the information required under s. 11.06 (1) for the portion of the year in which the committee initially files a statement under this section before filing that statement, and the 2-year period preceding the beginning of that year. This paragraph does not apply to a federal account committee of a state political party organization, as defined in s. 11.06 (3r) (a), or a national political party committee, as defined in s. 11.06 (3w) (a).

SB1-SSA1, s. 147 Section 147. 11.05 (13) of the statutes is amended to read:

SB1-SSA1,70,13 11.05 (13) Bank account and postal box; exemption. An individual, committee or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee or group is registered, whenever a reporting requirement applies to the registrant.

SB1-SSA1, s. 148 Section 148. 11.06 (1) (intro.) of the statutes is amended to read:

SB1-SSA1,70,21 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m), (3r) and (3w) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB1-SSA1, s. 149 Section 149. 11.06 (1) (a) of the statutes is amended to read:

SB1-SSA1,71,4 11.06 (1) (a) An Except as provided in par. (am), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and, the cumulative total contributions made by that contributor for the calendar year and, if the contributor made the contribution through a conduit, the identity of the conduit.

SB1-SSA1, s. 150 Section 150. 11.06 (1) (am) of the statutes is created to read:

SB1-SSA1,71,10 11.06 (1) (am) In the case of a committee identified under s. 11.05 (3) (c) as a special interest committee, if the aggregate contributions accepted by the committee within the calendar year from contributors who are not required to be identified under par. (a) exceed $200, an itemized statement giving the full name and street address of each contributor who is not identified under par. (a).

SB1-SSA1, s. 151 Section 151. 11.06 (1) (j) of the statutes is amended to read:

SB1-SSA1,71,16 11.06 (1) (j) In the case of a committee or individual filing an oath a statement under sub. (7) (a), a separate schedule showing for each disbursement which is made independently of a candidate, other than a contribution made to that candidate, the name of the candidate or candidates on whose behalf or in opposition to whom the disbursement is made, indicating whether the purpose is support or opposition.

SB1-SSA1, s. 152 Section 152. 11.06 (1) (n) of the statutes is created to read:

SB1-SSA1,71,19 11.06 (1) (n) All information that is required to be disclosed under sub. (7) (a) or s. 11.065 (3).

SB1-SSA1, s. 153   Section 153. 11.06 (2) of the statutes is amended to read:

SB1-SSA1,72,5 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum by means of the use of a word or phrase specified in s. 11.01 (16) (a) 1. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB1-SSA1, s. 154 Section 154. 11.06 (3) of the statutes is repealed.

SB1-SSA1, s. 155 Section 155. 11.06 (4) (b) of the statutes is amended to read:

SB1-SSA1,72,12 11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the a campaign depository account by the closing date for the a reporting period as provided in s. 11.20 (8).

SB1-SSA1, s. 156 Section 156. 11.06 (7) (title) of the statutes is amended to read:

SB1-SSA1,72,14 11.06 (7) (title) Oath Statement for independent disbursements.

SB1-SSA1, s. 157 Section 157. 11.06 (7) (a) of the statutes is amended to read:

SB1-SSA1,73,23 11.06 (7) (a) Every committee, other than a personal campaign committee, which and every individual, other than a candidate, who desires to make disbursements a disbursement or incur an obligation to make a disbursement during any calendar year, which are is to be used to advocate the election or defeat of any clearly identified candidate or candidates in any election by means of the use of one or more of the following words or phrases: "vote for" "vote against", "support", "oppose", "elect", "defeat", "cast your ballot for" or "cast your ballot against", shall, at least 10 days before making any such disbursement or incurring any such obligation, except within the amount authorized under s. 11.05 (1) or (2), file with the registration statement under s. 11.05 filing officer of the committee or individual a statement under oath affirming that the committee or individual does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported, that the committee or individual does not act in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported, that the committee or individual does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who benefits from a disbursement made in opposition to a candidate, and that the committee or individual does not act in concert with, or at the request or suggestion of, any candidate or agent or authorized committee of a candidate who benefits from a disbursement made in opposition to a candidate. A committee which or individual who acts independently of one or more candidates or agents or authorized committees of candidates and also in cooperation or upon consultation with, in concert with, or at the request or suggestion of one or more candidates or agents or authorized committees of candidates shall indicate in the oath statement the names of the candidate or candidates to which it applies. The statement shall include the amount and a description of the purpose of each proposed disbursement or obligation. Any committee which or individual who files a statement under this paragraph may file an amendment to the statement at any time, but the committee or individual may not make any disbursement or incur any obligation to make a disbursement for any amount or purpose not included in the original statement prior to the end of the 10th day after the committee or individual files the amendment disclosing the amount and purpose of that proposed disbursement or obligation.

SB1-SSA1, s. 158 Section 158. 11.06 (7) (b) of the statutes is amended to read:

SB1-SSA1,74,9 11.06 (7) (b) A committee or individual required to file an oath a statement under this subsection shall file the oath statement at the time of registration under s. 11.05 or the time the committee or individual becomes subject to this subsection, whichever is later. The committee or individual shall file an amendment to the oath whenever there is a change in the candidate or candidates to whom it applies. A committee or individual shall refile the oath statement for each calendar year in which the committee or individual proposes to make disbursements a disbursement or incur an obligation specified in this subsection, no later than January 31 of that calendar year.

SB1-SSA1, s. 159 Section 159. 11.06 (7) (c) of the statutes is amended to read:

SB1-SSA1,74,14 11.06 (7) (c) Any individual who or committee which falsely makes an oath a statement under par. (a), or any individual, committee or agent of an individual or committee who or which carries on any activities with intent to violate an oath a statement under par. (a) is guilty of a violation of this chapter.

SB1-SSA1, s. 160 Section 160. 11.06 (7m) (a) of the statutes is amended to read:

SB1-SSA1,75,5 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath a statement under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, (a) or s. 11.065 (2) or (5), the committee filing the oath statement may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB1-SSA1, s. 161 Section 161. 11.06 (7m) (b) of the statutes is amended to read:

SB1-SSA1,75,12 11.06 (7m) (b) If the committee has already made contributions in excess of the amounts specified in s. 11.26 (2) at the time it files an oath a statement under sub. (7) (a) or s. 11.065 (2) or (5), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.

SB1-SSA1, s. 162 Section 162. 11.06 (7m) (c) of the statutes is amended to read:

SB1-SSA1,75,21 11.06 (7m) (c) A committee or organization filing an oath a statement under sub. (7) (a) or s. 11.065 (2) or (5) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee or organization prior to the date of the change. Such a committee or organization may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB1-SSA1, s. 163 Section 163. 11.06 (11) (a) of the statutes is amended to read:

SB1-SSA1,76,4 11.06 (11) (a) A conduit transferring a contribution of money shall, in writing, identify itself to the transferee as a conduit and report to the transferee of each contribution transferred by it the information about the original contributor required for reporting purposes under sub. (1) (a) and (b) at the time the contribution is transferred. The conduit shall include the information in its any report filed by the conduit under s. 11.12 (5) or, 11.20 or 11.21 (16) for the date on which the contribution is received and transferred.

SB1-SSA1, s. 164 Section 164. 11.065 of the statutes is created to read: