Amendment AA1-ASA1-AB100

LRBb1673/1

ALL:all:all

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 100

September 4, 1997 - Offered by Representatives Brancel, Foti and Jensen.

AB100-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB100-ASA1-AA1,1,2 1. Page 3, line 1: before that line insert:

AB100-ASA1-AA1,1,3 " Section 1am. 5.01 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA1,1,10 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.

AB100-ASA1-AA1, s. 1amt Section 1amt. 6.95 of the statutes is amended to read:

AB100-ASA1-AA1,2,19 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, they shall give the elector a ballot. Before depositing the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s. 6.79. If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s. 6.79 written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the list the reason for the challenge. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the board of state canvassers. The decision of the any board of canvassers or of the chairperson may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

AB100-ASA1-AA1, s. 1n Section 1n. 7.70 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA1,3,3 7.70 (3) (a) The chairperson of the board of state canvassers shall meet publicly canvass the returns and make his or her certifications and determinations at the state capitol or at the office of the elections board on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 4th Tuesday in September following a September primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election to canvass the returns and determine the election results.

AB100-ASA1-AA1, s. 1na Section 1na. 7.70 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA1,3,14 7.70 (3) (b) The chairperson of the board of state canvassers 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 chairperson of the board of state canvassers 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 elections board.

AB100-ASA1-AA1, s. 1p Section 1p. 7.70 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA1,3,18 7.70 (3) (c) The chairperson of the board of state canvassers may adjourn as necessary but not more than shall conclude the state canvass within 10 days in all after its commencement.

AB100-ASA1-AA1, s. 1q Section 1q. 7.70 (3) (d) of the statutes is amended to read:

AB100-ASA1-AA1,4,6 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board of state canvassers shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and for any referenda questions submitted by the legislature.

AB100-ASA1-AA1, s. 1r Section 1r. 7.70 (3) (e) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,4,10 7.70 (3) (e) (intro.) The chairperson of the board of state canvassers shall make a special statement to the elections board as soon as possible after the canvass certifying:

AB100-ASA1-AA1, s. 1s Section 1s. 7.70 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA1,4,21 7.70 (3) (g) Following each primary election, the chairperson of the board of state canvassers shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the board of state canvassers shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the board of state canvassers shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the board of state canvassers shall deliver each statement and determination to the elections board.

AB100-ASA1-AA1, s. 1t Section 1t. 7.70 (3) (h) of the statutes is amended to read:

AB100-ASA1-AA1,5,6 7.70 (3) (h) Whenever a referendum question submitted to a vote of the people is approved, the elections board shall record it and the secretary of state shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the board of state canvassers certifies that the amendment or referendum question is approved.

AB100-ASA1-AA1, s. 1u Section 1u. 7.70 (3) (i) of the statutes is amended to read:

AB100-ASA1-AA1,5,17 7.70 (3) (i) The chairperson of the board of state canvassers 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 chairperson of the board of state canvassers 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 chairperson of the board of state canvassers or a messenger sent by it the chairperson to obtain a correction.

AB100-ASA1-AA1, s. 1v Section 1v. 7.70 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA1,6,9 7.70 (5) (a) The elections board shall record in its office each certified statement and determination made by the chairperson of the board of state canvassers. Immediately after the expiration of the time allowed to file a petition for recount, it the board shall make and transmit to each person declared elected a certificate of election under the seal of the elections board. It shall also prepare similar certificates, attested by the executive director of the elections 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 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. When a valid petition for recount is filed, the elections chairperson of the board may not certify a nomination, and the governor or elections board 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.

AB100-ASA1-AA1, s. 1w Section 1w. 9.01 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,7,14 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions accompanied by the fee prescribed in par. (ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and 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 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. If the chairperson of the board of state canvassers 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 and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or chairperson of the board after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.

AB100-ASA1-AA1, s. 1x Section 1x. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB100-ASA1-AA1,8,5 9.01 (1) (ar) 3. Upon receipt of a valid petition, the clerk shall thereupon notify the proper board of canvassers. Upon receipt of a valid petition by the elections board, the board 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 day following 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 elections board may permit extension of the time for adjournment. Returns from a recount ordered by the elections board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board of state canvassers may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board of state canvassers need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making its his or her determinations.

AB100-ASA1-AA1, s. 1y Section 1y. 9.01 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA1,8,17 9.01 (5) (a) The board of canvassers or the chairperson of the board shall keep complete minutes of all its proceedings before the board of canvassers or chairperson. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or chairperson receives exhibits from any party, it 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 of state canvassers, witness fees shall be paid by the elections board.

AB100-ASA1-AA1, s. 1z Section 1z. 9.01 (5) (c) of the statutes is amended to read:

AB100-ASA1-AA1,9,7 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 chairperson of the board of state canvassers, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board of state canvassers. 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 chairperson of the board of state canvassers receives such results, it the chairperson shall convene publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt to examine the returns and determine the results, but if that day is earlier than the latest meeting day permitted for that election under s. 7.70 (3) (a), the chairperson of the board of state canvassers may convene may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB100-ASA1-AA1, s. 1za Section 1za. 9.01 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA1,9,23 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 chairperson of the board of state canvassers whenever a determination is made by that body the chairperson, 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 chairperson of the board of state canvassers. The appellant shall also serve notice on the elections board if the chairperson of the board of state canvassers 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.

AB100-ASA1-AA1, s. 1zc Section 1zc. 9.01 (8) of the statutes is amended to read:

AB100-ASA1-AA1,10,23 9.01 (8) Scope of review. Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or chairperson of the board, it shall affirm the determination. The court shall separately treat disputed issues of procedure, interpretations of law and findings of fact. The court may not receive evidence not offered to the board of canvassers or chairperson 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. The court shall set aside or modify the determination if it finds that the board of canvassers or chairperson 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 chairperson, the court may not substitute its judgment for that of the board of canvassers or chairperson 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.".

AB100-ASA1-AA1,10,24 2. Page 3, line 1: before that line insert:

AB100-ASA1-AA1,11,1 " Section 1ami. 5.085 of the statutes is repealed.

AB100-ASA1-AA1, s. 1m Section 1m. 7.08 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA1,11,4 7.08 (3) (a) Be compiled by the board, with the advice of the elections advisory council.".

AB100-ASA1-AA1,11,5 3. Page 3, line 1: before that line insert:

AB100-ASA1-AA1,11,6 " Section 1an. 7.03 (1) (bm) of the statutes is amended to read:

AB100-ASA1-AA1,11,11 7.03 (1) (bm) Whenever a special election is called by a county or by a school district, a technical college district, a sewerage district, a sanitary district or a public inland lake protection and rehabilitation district for a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the county or district shall pay the compensation of all election officials, as determined under sub. (2).

AB100-ASA1-AA1, s. 1mm Section 1mm. 7.15 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA1,11,22 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB100-ASA1-AA1, s. 1vc Section 1vc. 8.05 (3) (d) and (e) of the statutes are amended to read: