Amendment ASA1-AB1189

AB1189-ASA1,23,3 7.15 (1) (g) Report suspected election frauds, irregularities or violations of which the clerk has knowledge to the district attorney and the board.

AB1189-ASA1, s. 27 Section 27. 7.23 (2) of the statutes is amended to read:

AB1189-ASA1,23,18 7.23 (2) If there is a demand for a recount, notice of an election contest or any contest or litigation pending with respect to an election, materials may be destroyed and recorders, units or compartments may be cleared or erased only by order of the judge in whose court litigation is pending or if no litigation is pending, by order of any circuit judge for the affected jurisdiction. Upon petition of the board, the attorney general or, a district attorney or the U.S. attorney for the affected jurisdiction, a circuit judge for the affected jurisdiction may order that specified materials not be destroyed or that specified recorders, units or compartments not be cleared or erased as otherwise authorized under this subsection until the court so permits. The governor may by order permit the clearing of voting machine recorders on machines needed to conduct a special election prior to the time authorized under this subsection, unless there is a demand for recount, notice of an election contest or a contest or litigation pending, or a court of record orders that the recorders not be cleared.

AB1189-ASA1, s. 28 Section 28. 7.31 (5) of the statutes is amended to read:

AB1189-ASA1,23,24 7.31 (5) The board shall conduct regular training programs to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to conduct the training programs from the appropriation under s. 20.510 (1) (bm).

AB1189-ASA1, s. 29 Section 29. 7.60 (4) (a) of the statutes is amended to read:

AB1189-ASA1,24,20 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections government accountability board, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB1189-ASA1, s. 30 Section 30. 7.60 (5) of the statutes is amended to read:

AB1189-ASA1,25,14 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or send to the elections government accountability board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections government accountability board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections government accountability board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB1189-ASA1,26,2 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections government accountability board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections government accountability board to reopen and correct the canvass. The elections government accountability board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections government accountability board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections government accountability board or secretary of the technical college district board.

AB1189-ASA1, s. 31 Section 31. 7.70 (1) of the statutes is amended to read:

AB1189-ASA1,26,6 7.70 (1) Recording and preserving returns. (a) Upon receipt of the certified statements from the county clerks, the elections board shall record the election results by counties and file and carefully preserve the statements.

AB1189-ASA1,26,12 (b) If any county clerk fails or neglects to forward any statements, the elections board may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the elections board may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board may return it to the county clerk for correction.

AB1189-ASA1, s. 32 Section 32. 7.70 (5) (b) of the statutes is amended to read:

AB1189-ASA1,26,20 7.70 (5) (b) For presidential electors, the elections board shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.

AB1189-ASA1, s. 33 Section 33. 8.05 (1) (j) 3. of the statutes, as affected by 2005 Wisconsin Act 149, is amended to read:

AB1189-ASA1,27,4 8.05 (1) (j) 3. A candidate for municipal judge shall, in addition to making the filings required under subd. 2., file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate, or no later than 4:30 p.m. on the next business day after the last day for filing a declaration of candidacy whenever that candidate is granted an extension of time for filing a declaration of candidacy under subd. 2.

AB1189-ASA1, s. 34 Section 34. 8.10 (5) of the statutes is amended to read:

AB1189-ASA1,27,14 8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office or municipal judge shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (2) (a).

AB1189-ASA1, s. 35 Section 35. 8.15 (4) (b) of the statutes is amended to read:

AB1189-ASA1,27,24 8.15 (4) (b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (1).

AB1189-ASA1, s. 36 Section 36. 8.18 (2) of the statutes is amended to read:

AB1189-ASA1,28,4 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the elections board.

AB1189-ASA1, s. 37 Section 37. 8.20 (6) of the statutes is amended to read:

AB1189-ASA1,28,14 8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (8) (a).

AB1189-ASA1, s. 38 Section 38. 8.50 (3) (a) of the statutes is amended to read:

AB1189-ASA1,29,5 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring or September primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.05 at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics board no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB1189-ASA1, s. 39 Section 39. 8.50 (3) (e) of the statutes is amended to read:

AB1189-ASA1,29,10 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections government accountability board no later than 7 days after the special primary and 13 days after the special election.

AB1189-ASA1, s. 40 Section 40. 9.01 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 149, is amended to read:

AB1189-ASA1,30,2 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions 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 or chairperson's designee 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 government accountability board receives the last statement from a county board of canvassers for the election or referendum.

AB1189-ASA1, s. 41 Section 41. 9.01 (1) (ag) 4. of the statutes is repealed.

AB1189-ASA1, s. 42 Section 42. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB1189-ASA1,30,7 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the elections board.

AB1189-ASA1, s. 43 Section 43. 9.01 (10) of the statutes is amended to read:

AB1189-ASA1,30,10 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section.

AB1189-ASA1, s. 44 Section 44. 11.21 (title) of the statutes is amended to read:

AB1189-ASA1,30,12 11.21 (title) Duties of the elections board.

AB1189-ASA1, s. 45 Section 45. 11.21 (7) (intro.) of the statutes is amended to read:

AB1189-ASA1,30,15 11.21 (7) (intro.) Include in its biennial report under s. 5.05 (5) 15.04 (1) (d) compilations of any of the following in its discretion:

AB1189-ASA1, s. 46 Section 46. 11.22 (4) of the statutes is amended to read:

AB1189-ASA1,30,25 11.22 (4) Notify the board, the district attorney, or the attorney general where appropriate under ss. 11.60 (4) and 11.61 (2), in writing, of any facts within the filing officer's knowledge or evidence in the officer's possession, including errors or discrepancies in reports or statements and delinquencies in filing which may be grounds for civil action or criminal prosecution. The filing officer shall transmit a copy of such notification to the board. The board, district attorney, or the attorney general shall advise the filing officer in writing at the end of each 30-day period of the status of such matter until the time of disposition. The district attorney or attorney general shall transmit a copy of each any such notice to the board.

AB1189-ASA1, s. 47 Section 47. 11.60 (4) of the statutes, as affected by 2005 Wisconsin Act 177, is repealed and recreated to read:

AB1189-ASA1,31,9 11.60 (4) Actions under this section may be brought by the board or by the district attorney for the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county where the violation is alleged to have occurred. If a violation concerns a district attorney or circuit judge or a candidate for either such office, the action shall be brought by the board or by the attorney general.

AB1189-ASA1, s. 48 Section 48. 11.61 (2) of the statutes is amended to read:

AB1189-ASA1,31,22 11.61 (2) Except as provided in s. 11.38 (5), all prosecutions under this section shall be conducted by the board or by district attorney of for the county where the violation is alleged to have occurred. If the district attorney refuses to act upon a sworn complaint, or fails to act upon such a complaint within 60 days of the date on which the complaint is received, the attorney general may then conduct the prosecution under this section. If a violation concerns a district attorney or circuit judge or a candidate for such offices either such office, the prosecution shall be conducted by the board or by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint a special prosecutor under s. 14.11 (2) to conduct the prosecution in behalf of the state. The prosecutor shall be independent of the attorney general and need not be a state employee at the time of appointment.

AB1189-ASA1, s. 49 Section 49. 13.123 (3) (b) 2. of the statutes is amended to read:

AB1189-ASA1,32,2 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections government accountability board or the chairperson's designee if such determination has been issued.

AB1189-ASA1, s. 50 Section 50. 13.23 of the statutes is amended to read:

AB1189-ASA1,32,13 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections government accountability board at least 10 days before the day fixed by law for the meeting of the legislature. The elections government accountability board shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB1189-ASA1, s. 51 Section 51. 13.62 (4) of the statutes is amended to read:

AB1189-ASA1,32,15 13.62 (4) "Board" means the ethics government accountability board.

AB1189-ASA1, s. 52 Section 52. 13.685 (title) of the statutes is amended to read:

AB1189-ASA1,32,17 13.685 (title) Duties of the ethics government accountability board.

AB1189-ASA1, s. 53 Section 53. 13.94 (1) (k) of the statutes is amended to read:

AB1189-ASA1,32,20 13.94 (1) (k) Provide auditing services at the direction of the elections government accountability board under s. 5.05 (2).

AB1189-ASA1, s. 54 Section 54. 14.58 (20) of the statutes is amended to read:

AB1189-ASA1,32,24 14.58 (20) Election campaign fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections government accountability board as eligible to receive moneys from the Wisconsin election campaign fund.

AB1189-ASA1, s. 55 Section 55. 15.03 of the statutes is renumbered 15.03 (intro.) and amended to read:

AB1189-ASA1,33,13 15.03 Attachment for limited purposes. (intro.) Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with:

AB1189-ASA1,33,19 (1) Commissioner of railroads. With respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

AB1189-ASA1, s. 56 Section 56. 15.03 (2) of the statutes is created to read:

AB1189-ASA1,33,24 15.03 (2) Enforcement division of government accountability board. With respect to the enforcement division of the government accountability board, all budget requests by the division shall be submitted by the board to the department of administration without change except as concurred in by the division.

AB1189-ASA1, s. 57 Section 57. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:

AB1189-ASA1,34,3 15.07 (1) (a) 2. Members of the government accountability board shall be nominated by the governor, and with the advice and consent of the assembly and senate appointed, to serve for terms prescribed by law.

AB1189-ASA1, s. 58 Section 58. 15.07 (1) (cm) of the statutes, as affected by 2005 Wisconsin Acts 25 and 76, is amended to read:

AB1189-ASA1,34,17 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year.

AB1189-ASA1, s. 59 Section 59. 15.07 (4) of the statutes is amended to read:

AB1189-ASA1,34,23 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the ethics board or the school district boundary appeal board as provided in ss. 19.47 (4) and s. 117.05 (2) (a).

AB1189-ASA1, s. 60 Section 60. 15.07 (5) (k) of the statutes is repealed.

AB1189-ASA1, s. 61 Section 61. 15.07 (5) (m) of the statutes is created to read:

AB1189-ASA1,35,1 15.07 (5) (m) Members of the government accountability board, $25 per day.

AB1189-ASA1, s. 62 Section 62. 15.07 (5) (n) of the statutes is repealed.

AB1189-ASA1, s. 63 Section 63. 15.60 of the statutes is created to read:

AB1189-ASA1,35,6 15.60 Government accountability board; creation. (1) There is created a government accountability board consisting of 7 persons. Members shall serve for 4-year terms.

AB1189-ASA1,35,12 (2) (a) All members of the board shall be appointed from nominations submitted to the governor by a nominating committee to be called the governmental accountability candidate committee, which shall consist of one court of appeals judge from each of the court of appeals districts. The court of appeals judges shall be chosen as members by lot by the chief justice of the supreme court in the presence of the other justices of the supreme court.

AB1189-ASA1,35,17 (3) Four members of the board shall have prosecutorial experience. If, as a result of a vacancy in the membership of the board, the remaining membership does not satisfy the membership requirements of this subsection, no person may be appointed to serve as a member if the person's qualifications would not contribute to satisfaction of the membership requirements of this subsection.

AB1189-ASA1,35,19 (4) One member of the board shall be a retired judge of a court of record in this state.

AB1189-ASA1,35,21 (5) No member may hold another office or position that is a state public office or a local public office, as defined in s. 19.42.

AB1189-ASA1,36,2 (6) No member, for one year immediately prior to the date of appointment may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization, an officer or employee of a registrant under s. 11.05, or a candidate for any partisan elective public office.

AB1189-ASA1,36,4 (7) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12).

AB1189-ASA1, s. 64 Section 64. 15.603 of the statutes is created to read:

AB1189-ASA1,36,12 15.603 Same; specified divisions. (1) Enforcement division. There is created in the government accountability board an enforcement division, which is attached to the board under s. 15.03. The enforcement division shall be under the direction and supervision of an administrator, who shall be appointed by the executive director of the board, with the advice and consent of the board, to serve for a term of not less than 4 years nor more than 6 years expiring on September 1 of an odd-numbered year.

AB1189-ASA1, s. 65 Section 65. 15.61 of the statutes is repealed.

AB1189-ASA1, s. 66 Section 66. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the statutes, as renumbered, is amended to read:

AB1189-ASA1,36,24 15.607 (1) Election administration council. There is created in the elections government accountability board an election administration council consisting of members appointed by the executive director of the elections government accountability board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

AB1189-ASA1, s. 67 Section 67. 15.62 of the statutes is repealed.

AB1189-ASA1, s. 68 Section 68. 16.79 (2) of the statutes is amended to read:

AB1189-ASA1,37,9 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the elections government accountability board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections government accountability board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.