AB1188-ASA1,13,6
35.052 Government accountability candidate committee. (1) The
4government accountability candidate committee shall organize whenever a vacancy
5occurs in the membership of the board that requires a nomination to be submitted
6to the governor under s. 15.60 (2).
AB1188-ASA1,13,8
7(2) No person may be nominated by the committee unless the person receives
8the unanimous approval of the committee.
AB1188-ASA1,13,10
9(3) Except as provided in sub. (4), the committee shall submit the following
10number of nominations:
AB1188-ASA1,13,1111
(a) To fill one vacancy, 2 nominations.
AB1188-ASA1,13,1212
(b) To fill 2 vacancies, 3 nominations.
AB1188-ASA1,13,1313
(c) To fill 3 vacancies, 5 nominations.
AB1188-ASA1,13,1414
(d) To fill 4 vacancies, 6 nominations.
AB1188-ASA1,13,1515
(e) To fill 5 vacancies, 7 nominations.
AB1188-ASA1,13,1616
(f) To fill 6 vacancies, 8 nominations.
AB1188-ASA1,13,18
17(4) If a nomination of the governor is rejected by the senate or the assembly,
18the committee shall submit an additional nominee to the governor.
AB1188-ASA1,13,21
205.054 Duties of the executive director. The executive director of the board
21shall:
AB1188-ASA1,13,23
22(1) Whenever a vacancy occurs on the board, call a meeting of the government
23accountability candidate committee.
AB1188-ASA1,13,25
24(2) Assist the government accountability candidate committee in the
25performance of its functions.
AB1188-ASA1,14,2
25.066 Complaints and decision-making procedure. (1) In this section:
AB1188-ASA1,14,33
(a) "Division" means the enforcement division of the board.
AB1188-ASA1,14,64
(b) "Election official" includes any board of election commissioners under s. 7.20
5or governing body of a local governmental unit that has the responsibility to
6administer the election laws.
AB1188-ASA1,14,77
(c) "Local governmental unit" has the meaning given in s. 16.97 (7).
AB1188-ASA1,14,88
(d) "Working day" has the meaning given in s. 227.01 (14).
AB1188-ASA1,14,20
9(2) Any person may file a verified complaint with the division alleging a
10violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall
11investigate the complaint unless the division finds the complaint to be without merit.
12The division may, on its own motion or upon direction of the board, investigate any
13potential violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever
14the division has probable cause to believe that a violation has occurred. If the
15division finds, by a preponderance of evidence, that a complaint is frivolous, the
16division may order the complainant to forfeit not more than the greater of $500 or
17the expenses incurred in investigating the complaint. The attorney general, when
18so requested by the division, shall institute proceedings to recover any forfeiture
19incurred under this subsection that is not paid by the person against whom it is
20assessed.
AB1188-ASA1,15,2
21(3) If the complaint concerns a question as to whether an election official or a
22private person is acting in conformity with the law or rules of the board, the person
23filing the complaint shall serve a copy of the complaint upon that official or private
24person and that official or private person shall be a party to the case. An election
25official or private person may move to dismiss a complaint if it is clearly without
1merit. If the division finds, in response to a motion, that a complaint is clearly
2without merit, the division shall dismiss the complaint.
AB1188-ASA1,15,5
3(4) If the division does not dismiss a complaint, the division shall issue a
4proposed decision, which shall include findings of fact and conclusions of law and
5may include an order under sub. (5).
AB1188-ASA1,15,10
6(5) The division may order an election official or a private person to act in
7conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the
8board, or may, by order, impose a civil penalty under s. 11.60 or 12.60 (1) (c) or (d),
913.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of
10ch. 19 for which a civil penalty is applicable.
AB1188-ASA1,16,2
11(6) Subject to the procedures under this subsection, the division may, in the
12discharge of its functions under this section and after providing notice to any party
13who is the subject of an investigation, subpoena and bring before it any person and
14require the production of any papers, books, or other records relevant to an
15investigation. Prior to issuing a subpoena or obtaining a search warrant, the division
16shall submit a written request for this purpose to the board. If the board does not
17disapprove the request within 10 days of receiving the request, the division may
18issue the subpoena or obtain the search warrant. A circuit court may by order permit
19the inspection and copying of the accounts and the depositor's and loan records at any
20financial institution, as defined in s. 705.01 (3), doing business in this state to obtain
21evidence of any violation of ch. 11 or 12, subch. III of ch. 1 3, or subch. III of ch. 19
22upon a showing by the division of probable cause to believe there is a violation and
23that such accounts and records may have a substantial relation to the violation. In
24the discharge of its functions under this section, the division may cause the
1deposition of witnesses to be taken in the manner prescribed for taking depositions
2in civil actions in circuit court.
AB1188-ASA1,16,6
3(7) If the division issues a decision under sub. (4) that contains an order under
4sub. (5), the order is effective upon service of the order notwithstanding any appeal
5to the board under sub. (8) or to circuit court under sub. (11), except that the division
6may stay such an order pending an appeal.
AB1188-ASA1,16,16
7(8) Any party aggrieved by a proposed decision under sub. (4) may appeal the
8proposed decision to the board within 20 days after service of a copy of the decision
9upon the party. If no appeal is filed within 20 days of service of a copy of a proposed
10decision upon each party to the case in which the decision is made, the decision is
11final and becomes the decision of the board. In appealing a decision of the division,
12the appellant shall indicate in its appeal whether the appellant contests any finding
13of fact made by the division. If an appellant does not contest a finding of fact, the
14validity of which is reasonably ascertainable to the appellant at the time of the
15appeal, that finding is conclusive against the appellant in all subsequent
16proceedings.
AB1188-ASA1,17,4
17(9) If a proposed decision of the division is appealed to the board, the board shall
18hear the appeal at its next meeting occurring at least 3 working days after the appeal
19is received by the board. In reviewing the decision of the division, the board is not
20bound by any finding of fact that is contested or any conclusion of law made by the
21division. After hearing the appeal, the board may issue a decision, which shall
22include findings of fact and conclusions of law. In its decision, the board may affirm,
23modify, or reverse an order issued by the division under sub. (5), and may order an
24election official or a private person to act in conformity with chs. 5 to 12, subch. III
25of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil
1penalty under s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11
2or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable.
3If the board does not modify or reverse a decision of the division at the meeting at
4which an appeal of a decision is heard, the decision is affirmed.
AB1188-ASA1,17,8
5(10) If a person aggrieved by a decision issued under sub. (4) that contains an
6order under sub. (5) appeals the decision to the board and the board modifies the
7order, the modified order is effective upon service, except that the division may stay
8such an order pending judicial review under s. 227.57.
AB1188-ASA1,17,17
9(11) The defendant may appeal any decision of the division or the board in a
10contested case arising under this section as provided in s. 227.57. If the board
11modifies or reverses an order issued by the division under sub. (5), the division may
12seek judicial review of the decision. In seeking judicial review of a decision of the
13division or the board, the appellant shall indicate in its petition for review whether
14the appellant contests any finding of fact made by the division or the board that is
15not conclusive against the appellant. If the appellant does not contest any finding
16of fact made by the division or the board, that finding is conclusive against the
17appellant.
AB1188-ASA1,18,3
18(12) When the enforcement division issues an order imposing a forfeiture
19under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 that is not appealed in
20a timely manner under sub. (8) or (11), or when the board issues an order imposing
21a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 and the
22period allowed under s. 227.57 for judicial review of the order expires, the division
23or board may file a copy of its order with the clerk of circuit court for Dane County.
24The clerk shall thereupon enter the order in the judgment and lien docket in the same
25manner as provided for entry of civil judgments under s. 806.10. The division or
1board may also enter the order on the judgment and lien docket of any other county
2under s. 806.13. The order may be enforced and satisfied in the same manner as
3provided for enforcement and satisfaction of civil judgments.
AB1188-ASA1,18,8
4(13) If the division or the board issues an order requiring an election official
5or private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch.
6III of ch. 19 or rules of the board, the division may file an action in circuit court for
7any county where the official or other person is present to obtain relief requiring
8compliance with the order.
AB1188-ASA1,18,11
9(14) (a) This section does not apply to any complaint brought by an election
10official or private person in which the board or the division is alleged to have violated
11the law.
AB1188-ASA1,18,1312
(b) This section does not apply to any matter arising in connection with a
13recount under s. 9.01.
AB1188-ASA1,18,2115
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
16electronic voting system, or adopts and purchases a different type of voting machine
17or electronic voting system from the type it was previously using, the municipal clerk
18or executive director of the municipal board of election commissioners shall promptly
19notify the county clerk or executive director of the county board of election
20commissioners and the executive director of the
elections government accountability 21board in writing.
AB1188-ASA1,19,223
5.62
(4) (b) The county board of election commissioners in counties having a
24population of more than 500,000 shall prepare the official primary ballot. The
25commissioners shall arrange the names of all candidates for each office whose
1nomination papers are filed at the county level, using the same method as that used
2by the
elections government accountability board under s. 5.60 (1) (b).
AB1188-ASA1,19,104
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 5government accountability board may appoint any applicant who qualifies under
6this subsection, unless the applicant's appointment has been revoked by a
7municipality or by the board for cause. The municipal clerk, board of election
8commissioners, or
elections government accountability board may revoke an
9appointment made by the clerk, board of election commissioners, or
elections
10government accountability board for cause at any time.
AB1188-ASA1,19,1512
6.26
(2) (c) No individual may serve as a special registration deputy in a
13municipality unless the individual is appointed by the municipal clerk or board of
14election commissioners of the municipality or the individual is appointed by the
15elections government accountability board to serve all municipalities.
AB1188-ASA1,20,317
6.56
(2) Upon receipt of the list, the municipal clerk shall make a check to
18determine whether each person who has been allowed to vote under s. 6.55 (3) is
19properly registered. If so, the clerk shall correct the registration list. If the address
20on the registration list is not correct, the clerk shall correct the address. The clerk
21shall then notify the elector by postcard when he or she is properly registered. If such
22person is found not to be properly registered, the clerk shall send the person a 1st
23class letter with that information, containing a mail registration form under s. 6.30
24(4). The letter shall be marked in accordance with postal regulations to ensure that
25it will be returned to the clerk if the elector does not reside at the address given on
1the postcard. If such letter is returned undelivered, or if the U.S. postal service
2notifies the clerk of an improper address which was apparently improper on the day
3of the election, the clerk shall notify the district attorney
and the board.
AB1188-ASA1,20,16
4(3) Upon receipt of the list under sub. (1), the municipal clerk or board of
5election commissioners shall make an audit of all electors registering to vote at the
6polling place or other registration location under s. 6.55 (2) and all electors
7registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made
8by 1st class postcard. The postcard shall be marked in accordance with postal
9regulations to ensure that it will be returned to the clerk or board of election
10commissioners if the elector does not reside at the address given on the postcard. If
11any postcard is returned undelivered, or if the clerk or board of election
12commissioners is informed of a different address than the one specified by the elector
13which was apparently improper on the day of the election, the clerk or board shall
14change the status of the elector from eligible to ineligible on the registration list and
15mail the elector a notice of the change in status and provide the name to the district
16attorney for the county where the polling place is located
and the board.
AB1188-ASA1,21,2
17(4) After each election, the municipal clerk shall carefully check to assure that
18no person has been allowed to vote more than once. Whenever the municipal clerk
19has good reason to believe that a person has voted more than once in an election, the
20clerk shall send the person a 1st class letter marked in accordance with postal
21regulations to ensure that it will be returned to the clerk if the elector does not reside
22at the address given on the letter. The letter shall inform the person that all
23registrations relating to that person may be changed from eligible to ineligible status
24within 7 days unless the person contacts the office of the clerk to clarify the matter.
1A copy of the letter and of any subsequent information received from or about the
2addressee shall be sent to the district attorney
and the board.
AB1188-ASA1,21,9
3(5) Whenever any letter or postcard mailed under this section is returned
4undelivered, or whenever the U.S. postal service notifies the clerk of an improper
5address which was apparently improper on the day of the election or whenever it
6otherwise appears that a person has voted who is not qualified or has voted more
7than once in an election, and the person has been permitted to vote after
8corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the
9corroborator shall also be provided to the district attorney
and the board.
AB1188-ASA1,21,11
117.08 (title)
Elections Government accountability board.
AB1188-ASA1,21,13
137.08 (title)
Elections Government accountability board.
AB1188-ASA1,21,1716
7.15
(1) (g) Report suspected election frauds, irregularities or violations of
17which the clerk has knowledge to the district attorney
and the board.
AB1188-ASA1,22,719
7.23
(2) If there is a demand for a recount, notice of an election contest or any
20contest or litigation pending with respect to an election, materials may be destroyed
21and recorders, units or compartments may be cleared or erased only by order of the
22judge in whose court litigation is pending or if no litigation is pending, by order of any
23circuit judge for the affected jurisdiction. Upon petition of the
board, the attorney
24general
or, a district attorney or
the U.S. attorney for the affected jurisdiction, a
25circuit judge for the affected jurisdiction may order that specified materials not be
1destroyed or that specified recorders, units or compartments not be cleared or erased
2as otherwise authorized under this subsection until the court so permits. The
3governor may by order permit the clearing of voting machine recorders on machines
4needed to conduct a special election prior to the time authorized under this
5subsection, unless there is a demand for recount, notice of an election contest or a
6contest or litigation pending, or a court of record orders that the recorders not be
7cleared.
AB1188-ASA1,22,139
7.31
(5) The board shall conduct regular training programs to ensure that
10individuals who are certified by the board under this section are knowledgeable
11concerning their authority and responsibilities.
The board shall pay all costs
12required to conduct the training programs from the appropriation under s. 20.510 (1)
13(bm).
AB1188-ASA1,23,915
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
16showing the numbers of votes cast for the offices of president and vice president; state
17officials; U.S. senators and representatives in congress; state legislators; justice;
18court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
19commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
20municipal judge elected under s. 755.01 (4) serves a municipality that is located
21partially within the county and candidates for that judgeship file nomination papers
22in another county, the board of canvassers shall prepare a duplicate statement
23showing the numbers of votes cast for that judgeship in that county for transmittal
24to the other county. For partisan candidates, the statements shall include the
25political party or principle designation, if any, next to the name of each candidate.
1The board of canvassers shall also prepare a statement showing the results of any
2county, technical college district
, or statewide referendum. Each statement shall
3state the total number of votes cast in the county for each office; the names of all
4persons for whom the votes were cast, as returned; the number of votes cast for each
5person; and the number of votes cast for and against any question submitted at a
6referendum. The board of canvassers shall use one copy of each duplicate statement
7to report to the
elections government accountability board, technical college district
8board
, or board of canvassers of any other county and shall file the other statement
9in the office of the county clerk or board of election commissioners.
AB1188-ASA1,24,311
7.60
(5) Reporting. (a) Immediately following the canvass, the county clerk
12shall deliver or send to the
elections government accountability board, by 1st class
13mail, a certified copy of each statement of the county board of canvassers for
14president and vice president, state officials, senators and representatives in
15congress, state legislators, justice, court of appeals judge, circuit judge, district
16attorney, and metropolitan sewerage commissioners, if the commissioners are
17elected under s. 200.09 (11) (am). The statement shall record the returns for each
18office or referendum by ward, unless combined returns are authorized under s. 5.15
19(6) (b) in which case the statement shall record the returns for each group of
20combined wards. Following primaries the county clerk shall enclose on forms
21prescribed by the
elections government accountability board the names, party or
22principle designation, if any, and number of votes received by each candidate
23recorded in the same manner. The county clerk shall deliver or transmit the certified
24statement to the
elections government accountability board no later than 7 days
25after each primary and no later than 10 days after any other election. The board of
1canvassers shall deliver or transmit a certified copy of each statement for any
2technical college district referendum to the secretary of the technical college district
3board.
AB1188-ASA1,24,154
(b) If the board of canvassers becomes aware of a material mistake in the
5canvass of an election for state or national office or a statewide or technical college
6district referendum prior to the close of business on the day the
elections government
7accountability board receives returns from the last county board of canvassers with
8respect to that canvass, the board of canvassers may petition the
elections 9government accountability board to reopen and correct the canvass. The
elections 10government accountability board shall direct the canvass to be reopened and
11corrected if it determines that the public interest so requires. If the
elections 12government accountability board directs the canvass to be reopened, the board of
13canvassers shall reconvene and transmit a certified corrected copy of the canvass
14statement to the
elections government accountability board or secretary of the
15technical college district board.
AB1188-ASA1,24,1917
7.70
(1) Recording and preserving returns. (a) Upon receipt of the certified
18statements from the county clerks, the
elections board shall record the election
19results by counties and file and carefully preserve the statements.
AB1188-ASA1,24,2520
(b) If any county clerk fails or neglects to forward any statements, the
elections 21board may require the clerk to do so immediately and if not received by the 8th day
22after a primary, or by the 11th day after any other election, the
elections board may
23dispatch a special messenger to obtain them. Whenever it appears upon the face of
24any statement that an error has been made in reporting or computing, the
elections 25board may return it to the county clerk for correction.
AB1188-ASA1,25,82
7.70
(5) (b) For presidential electors, the
elections board shall prepare a
3certificate showing the determination of the results of the canvass and the names of
4the persons elected, and the governor shall sign, affix the great seal of the state
, and
5transmit the certificate by registered mail to the U.S. administrator of general
6services. The governor shall also prepare 6 duplicate originals of such certificate and
7deliver them to one of the presidential electors on or before the first Monday after the
82nd Wednesday in December.
AB1188-ASA1,25,1711
8.05
(1) (j) 3. A candidate for municipal judge shall, in addition to making the
12filings required under subd. 2., file a statement of economic interests with the
ethics 13board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of
14nomination is mailed or personally delivered to the candidate, or no later than
154:30 p.m. on the next business day after the last day for filing a declaration of
16candidacy whenever that candidate is granted an extension of time for filing a
17declaration of candidacy under subd. 2.
AB1188-ASA1,26,219
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
20under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
21the time he or she files nomination papers, the candidate shall file the statement
22with the papers. A candidate for state office or municipal judge shall also file a
23statement of economic interests with the
ethics board under s. 19.43 (4) no later than
244:30 p.m. on the 3rd day following the last day for filing nomination papers under
25sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day
1whenever that candidate is granted an extension of time for filing nomination papers
2under sub. (2) (a).
AB1188-ASA1,26,124
8.15
(4) (b) Nomination papers shall be accompanied by a declaration of
5candidacy under s. 8.21. If a candidate for state or local office has not filed a
6registration statement under s. 11.05 at the time he or she files nomination papers,
7the candidate shall file the statement with the papers. A candidate for state office
8shall also file a statement of economic interests with the
ethics board under s. 19.43
9(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
10papers under sub. (1), or no later than 4:30 p.m. on the next business day after the
11last day whenever that candidate is granted an extension of time for filing
12nomination papers under sub. (1).
AB1188-ASA1,26,1714
8.18
(2) The purpose of the convention is to nominate one presidential elector
15from each congressional district and 2 electors from the state at large. The names
16of the nominees shall be certified immediately by the chairperson of the state
17committee of each party to the chairperson of the
elections board.
AB1188-ASA1,27,219
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
20under s. 8.21. If a candidate for state or local office has not filed a registration
21statement under s. 11.05 at the time he or she files nomination papers, the candidate
22shall file the statement with the papers. A candidate for state office shall also file
23a statement of economic interests with the
ethics board under s. 19.43 (4) no later
24than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
25under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
1day whenever that candidate is granted an extension of time for filing nomination
2papers under sub. (8) (a).
AB1188-ASA1,27,184
8.50
(3) (a) Nomination papers may be circulated no sooner than the day the
5order for the special election is filed and shall be filed not later than 5 p.m. 28 days
6before the day that the special primary will or would be held, if required, except when
7a special election is held concurrently with the spring election or general election, the
8deadline for filing nomination papers shall be specified in the order and the date shall
9be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
10later than 35 days prior to the date of the spring or September primary. Nomination
11papers may be filed in the manner specified in s. 8.10, 8.15
, or 8.20. Each candidate
12shall file a declaration of candidacy in the manner provided in s. 8.21 no later than
13the latest time provided in the order for filing nomination papers. If a candidate for
14state or local office has not filed a registration statement under s. 11.05 at the time
15he or she files nomination papers, the candidate shall file the statement with the
16papers. A candidate for state office shall also file a statement of economic interests
17with the
ethics board no later than the end of the 3rd day following the last day for
18filing nomination papers specified in the order.
AB1188-ASA1,27,2320
8.50
(3) (e) In a special election for a state or national office, the county clerk
21or board of election commissioners shall transmit the statement of the county board
22of canvassers to the
elections government accountability board no later than 7 days
23after the special primary and 13 days after the special election.
AB1188-ASA1,28,15
19.01
(1) (a) 1. Any candidate voted for at any election or any elector who voted
2upon any referendum question at any election may petition for a recount. The
3petitioner shall file a verified petition or petitions with the proper clerk or body under
4par. (ar) not earlier than the time of completion of the canvass and not later than 5
5p.m. on the 3rd business day following the last meeting day of the municipal or
6county board of canvassers determining the election for that office or on that
7referendum question or, if more than one board of canvassers makes the
8determination, not later than 5 p.m. on the 3rd business day following the last
9meeting day of the last board of canvassers which makes a determination. If the
10chairperson of the board or chairperson's designee makes the determination for the
11office or the referendum question, the petitioner shall file the petition not earlier
12than the last meeting day of the last county board of canvassers to make a statement
13in the election or referendum and not later than 5 p.m. on the 3rd business day
14following the day on which the
elections government accountability board receives
15the last statement from a county board of canvassers for the election or referendum.
AB1188-ASA1,28,2018
9.01
(1) (ar) 2. In the event of a recount for a referendum, the petition shall be
19filed with the clerk of the jurisdiction in which the referendum is called, and
, in the
20case of the state
, with the
elections board.
AB1188-ASA1,28,2322
9.01
(10) Standard forms and methods. The
elections board shall prescribe
23standard forms and procedures for the making of recounts under this section.