Amendment JR2 SA2-SSA1-AB1

LRBb2991/1

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January 2002 Special Session

2001 - 2002 LEGISLATURE

SENATE AMENDMENT 2, TO SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

April 5, 2002 - Offered by Senators Chvala, Risser, Moen and Burke.

AB1-SSA1-SA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-SSA1-SA2,1,2 1. Page 1, line 4: delete that line and substitute:

AB1-SSA1-SA2,1,3 " Section 1g. 5.02 (13) of the statutes is amended to read:

AB1-SSA1-SA2,1,9 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

AB1-SSA1-SA2, s. 1r Section 1r. 6.18 of the statutes is amended to read:".

AB1-SSA1-SA2,1,11 2. Page 1, line 4: delete that line and substitute:

AB1-SSA1-SA2,1,12 " Section 1g. 5.86 of the statutes is amended to read:

AB1-SSA1-SA2,2,13 5.86 Proceedings at central counting location locations. (1) All proceedings at the each central counting location shall be under the direction of the municipal clerk or an election official designated by the clerk unless the central counting location is at the county seat and the municipal clerk delegates the responsibility to supervise the location to the county clerk, in which case the proceedings shall be under the direction of the county clerk or an election official designated by the county clerk. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at the each central counting location, other than any specially trained technicians who are required for the operation of the automatic tabulating equipment, shall be equally divided between members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party whenever sufficient persons from each party are available.

AB1-SSA1-SA2,2,23 (2) At the each central counting location, a team of election officials designated by the clerk or other election official having charge of the location under sub. (1) shall check the container returned containing the ballots to determine that all seals are intact, and thereupon shall open the container, check the inspectors' slip and compare the number of ballots so delivered against the total number of electors of each ward served by the polling place who voted, remove the ballots or record of the votes cast and deliver them to the technicians operating the automatic tabulating equipment. Any discrepancies between the number of ballots and total number of electors shall be noted on a sheet furnished for that purpose and signed by the election officials.

AB1-SSA1-SA2, s. 1m Section 1m. 6.18 of the statutes is amended to read:".

AB1-SSA1-SA2,3,1 3. Page 1, line 4: delete that line and substitute:

AB1-SSA1-SA2,3,2 " Section 1dc. 5.02 (21) of the statutes is amended to read:

AB1-SSA1-SA2,3,6 5.02 (21) "Spring election" means the election held on the first Tuesday in April to elect judicial, educational, and municipal officers, nonpartisan county officers, and sewerage commissioners and to express preferences for the person to be the presidential candidate for each party.

AB1-SSA1-SA2, s. 1de Section 1de. 5.02 (22) of the statutes is amended to read:

AB1-SSA1-SA2,3,12 5.02 (22) "Spring primary" means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

AB1-SSA1-SA2, s. 1dg Section 1dg. 5.58 (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,3,19 5.58 Spring primary ballots. (intro.) At spring primary elections the following ballots, when necessary, shall be provided for each ward, except as authorized in s. 5.655. Only Except as provided in sub. (2r), only nonpartisan candidates nominated for office by nomination papers shall have their names placed on the official spring primary ballot under the proper office designation, but the ballots shall allow room for write-in candidates.

AB1-SSA1-SA2, s. 1dgi Section 1dgi. 5.60 (8) of the statutes is renumbered 5.58 (2r).

AB1-SSA1-SA2, s. 1dh Section 1dh. 5.68 (2) of the statutes is amended to read:

AB1-SSA1-SA2,4,9 5.68 (2) Except as provided in sub. (7) or as otherwise expressly provided, all costs for ballots, supplies, notices, and any other materials necessary in preparing or conducting any election shall be paid for by the county or municipality whose clerk or board of election commissioners is responsible for providing them. If a ballot is prepared for a school, technical college, sewerage, or sanitary district, the district shall pay for the cost of the ballot. If no other level of government is involved in a school, technical college, sewerage, or sanitary district election, the district shall pay for all costs of the ballots, supplies, notices, and other materials. If ballots, supplies, notices, or other materials are used for elections within more than one unit of local government, the costs shall be proportionately divided between the units of local government involved in the election. In a 1st class city, all costs otherwise attributable to a school district shall be paid by the city.

AB1-SSA1-SA2, s. 1dj Section 1dj. 5.68 (4) of the statutes is amended to read:

AB1-SSA1-SA2,4,12 5.68 (4) The Except as provided in sub. (7), the cost of compensation of election officials and trainees shall be borne in the manner provided in s. 7.03.

AB1-SSA1-SA2, s. 1dk Section 1dk. 5.68 (5) of the statutes is amended to read:

AB1-SSA1-SA2,4,20 5.68 (5) If Except as provided in sub. (7), if a charge is made for the use of a polling place, the charge shall be paid by the municipality establishing the polling place under s. 5.25 (2) unless the polling place is used to conduct a special election that is called by a unit of government other than the state or the municipality establishing the polling place and the special election is not held concurrently with an election specified in s. 5.02 (5), (18), (21), or (22). In such case, the charge shall be paid by the unit of government that calls the special election.

AB1-SSA1-SA2, s. 1dL Section 1dL. 5.68 (7) of the statutes is created to read:

AB1-SSA1-SA2,5,8 5.68 (7) Any municipality that incurs costs in any year to hold the presidential preference primary in the municipality, or in any portion thereof, at one or more polling places where no other election is held concurrently with the presidential preference primary in that year may file a claim with the board for reimbursement of those costs. The claim shall be accompanied by appropriate substantiation of any costs incurred. The board shall audit the claim and, if the board finds that the costs have been incurred by the municipality, and the costs would not have been incurred but for the requirement to hold the presidential preference primary on the 3rd Tuesday in February, the board shall reimburse the municipality for those costs. No claim is payable under this subsection unless the claim is filed with the board, together with appropriate substantiation, by April 30 following the presidential preference primary.

AB1-SSA1-SA2, s. 1dn Section 1dn. 6.18 of the statutes is amended to read:".

AB1-SSA1-SA2,5,10 4. Page 3, line 12: after that line insert:

AB1-SSA1-SA2,5,11 " Section 1ec. 7.08 (2) (c) and (cm) of the statutes are amended to read:

AB1-SSA1-SA2,5,22 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive payments from the Wisconsin election campaign fund. The board shall also electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB1-SSA1-SA2,6,11 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive a grant from the Wisconsin election campaign fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The board shall electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB1-SSA1-SA2, s. 1ed Section 1ed. 7.08 (2) (cs) of the statutes is created to read:

AB1-SSA1-SA2,6,15 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the period beginning with the month following certification and ending with the month in which the next certification is made by the board:

AB1-SSA1-SA2,6,19 1. No later than July 1, the name of each political party that qualifies under s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under s. 11.50 (2s) (a).

AB1-SSA1-SA2,6,23 2. No later than December 15, the name of each political party that qualifies under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under s. 11.50 (2s) (a).

AB1-SSA1-SA2, s. 1ee Section 1ee. 8.10 (3) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,7,5 8.10 (3) (intro.) The certification of a qualified elector under s. 8.15 (4) (a) shall be appended to each nomination paper. The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers filed under this section is:

AB1-SSA1-SA2, s. 1ef Section 1ef. 8.15 (6) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,7,9 8.15 (6) (intro.) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers shall be as follows:

AB1-SSA1-SA2, s. 1eg Section 1eg. 8.20 (4) of the statutes is amended to read:

AB1-SSA1-SA2,7,17 8.20 (4) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers for independent candidates shall be the same as the number specified in s. 8.15 (6). For independent presidential electors intending to vote for the same candidates for president and vice president, the number of required signatures shall be not less than 2,000 nor more than 4,000 electors.

AB1-SSA1-SA2, s. 1eh Section 1eh. 8.30 (2) of the statutes is amended to read:

AB1-SSA1-SA2,7,25 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable deadline for filing nomination papers by such the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).

AB1-SSA1-SA2, s. 1ej Section 1ej. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

AB1-SSA1-SA2,8,9 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if If the former candidate was a partisan candidate or, donated to the former candidate's local or state political party, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

AB1-SSA1-SA2,8,15 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased; or

AB1-SSA1-SA2, s. 1ek Section 1ek. 8.35 (4) (c) and (d) of the statutes are amended to read:

AB1-SSA1-SA2,9,2 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made in the manner provided under s. 11.21 (16), if applicable, or otherwise at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB1-SSA1-SA2,9,6 (d) The newly appointed candidate shall file his or her report in the manner provided under s. 11.21 (16), if applicable, or otherwise at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred funds moneys in his or her first report.

AB1-SSA1-SA2, s. 1eL Section 1eL. 11.001 (2m) of the statutes is created to read:

AB1-SSA1-SA2,9,14 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications made near the time of an election that include a reference to a candidate at that election, an office to be filled at that election, or a political party in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.

AB1-SSA1-SA2, s. 1em Section 1em. 11.01 (12s) of the statutes is repealed.

AB1-SSA1-SA2, s. 1en Section 1en. 11.01 (16) (a) 3. of the statutes is created to read:

AB1-SSA1-SA2,9,23 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party.

AB1-SSA1-SA2, s. 1ep Section 1ep. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

AB1-SSA1-SA2,10,8 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).

AB1-SSA1-SA2, s. 1eq Section 1eq. 11.05 (1) (b) of the statutes is created to read:

AB1-SSA1-SA2,10,13 11.05 (1) (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB1-SSA1-SA2, s. 1er Section 1er. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

AB1-SSA1-SA2,10,23 11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.

AB1-SSA1-SA2, s. 1es Section 1es. 11.05 (2) (b) of the statutes is created to read:

AB1-SSA1-SA2,11,4 11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB1-SSA1-SA2, s. 1et Section 1et. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).

AB1-SSA1-SA2, s. 1eu Section 1eu. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

AB1-SSA1-SA2,12,3 11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 (7), 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 any calendar 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 any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB1-SSA1-SA2, s. 1ev Section 1ev. 11.05 (3) (c) of the statutes is amended to read: