AB1-ASA2,22,55
5.05
(5f) (title)
Advice to board.
AB1-ASA2, s. 15
6Section
15. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
AB1-ASA2,22,77
5.05
(5s) (title)
Access to records.
AB1-ASA2,22,138
(d) If the board commences a civil prosecution of a person for an alleged
9violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an
10investigation, the person who is the subject of the investigation may authorize the
11board to make available for inspection and copying under s. 19.35 (1) records of the
12investigation pertaining to that person if the records are available by law to the
13subject person and the board shall then make those records available.
AB1-ASA2,22,1514
(e) The following records of the board are open to public inspection and copying
15under s. 19.35 (1):
AB1-ASA2,22,1716
1. Any record of the action of the board authorizing the filing of a civil complaint
17under sub. (2m) (c) 6.
AB1-ASA2,22,1918
2. Any record of the action of the board referring a matter to a district attorney
19or other prosecutor for investigation or prosecution.
AB1-ASA2,22,2120
3. Any record containing a finding that a complaint does not raise a reasonable
21suspicion that a violation of the law has occurred.
AB1-ASA2,22,2322
4. Any record containing a finding, following an investigation, that no probable
23cause exists to believe that a violation of the law has occurred.
AB1-ASA2, s. 16
24Section
16. 5.05 (5s) (f) 2. c. of the statutes is created to read:
AB1-ASA2,23,3
15.05
(5s) (f) 2. c. The board shall make public advisory opinions and records
2obtained in connection with requests for advisory opinions relating to matters under
3the jurisdiction of the elections division.
AB1-ASA2,23,116
5.05
(9) Standing. The board has standing to commence or intervene in
an any
7civil action or proceeding for the purpose of enforcing the laws regulating the conduct
8of elections or election campaigns or ensuring their proper administration. If the
9board delegates authority to
the executive director
its legal counsel under sub. (1) (e)
10to act in its stead, the
executive director legal counsel has standing to commence or
11intervene in such an action or proceeding.
AB1-ASA2, s. 19
12Section
19. 5.05 (11) of the statutes is amended to read:
AB1-ASA2,23,2213
5.05
(11) Aids to counties and municipalities. From the appropriations under
14s.
20.510 20.511 (1) (t) and (x), the board may provide financial assistance to eligible
15counties and municipalities for election administration costs in accordance with the
16plan adopted under sub. (10). As a condition precedent to receipt of assistance under
17this subsection, the board shall enter into an agreement with the county or
18municipality receiving the assistance specifying the intended use of the assistance
19and shall ensure compliance with the terms of the agreement. Each agreement shall
20provide that if the federal government objects to the use of any assistance moneys
21provided to the county or municipality under the agreement, the county or
22municipality shall repay the amount of the assistance provided to the board.
AB1-ASA2,24,2
245.052 Government accountability candidate committee. (1) The
25government accountability candidate committee shall meet whenever a vacancy
1occurs in the membership of the board that requires a nomination to be submitted
2to the governor under s. 15.60 (2).
AB1-ASA2,24,4
3(2) No person may be nominated by the committee unless the person receives
4the unanimous approval of the committee.
AB1-ASA2,24,6
5(3) Except as provided in sub. (4), the committee shall submit at least the
6following number of nominations:
AB1-ASA2,24,77
(a) To fill one vacancy, 2 nominations.
AB1-ASA2,24,88
(b) To fill 2 vacancies, 3 nominations.
AB1-ASA2,24,99
(c) To fill 3 vacancies, 5 nominations.
AB1-ASA2,24,1010
(d) To fill 4 vacancies, 6 nominations.
AB1-ASA2,24,1111
(e) To fill 5 vacancies, 7 nominations.
AB1-ASA2,24,14
12(4) If a nominee dies or withdraws, or if a nomination of the governor is
13withdrawn by the governor or rejected by the senate, the committee shall submit an
14additional nominee to the governor.
AB1-ASA2,24,16
165.054 Duties of the legal counsel. The board's legal counsel shall:
AB1-ASA2,24,18
17(1) Whenever a vacancy occurs on the board, call a meeting of the government
18accountability candidate committee.
AB1-ASA2,24,20
19(2) Assist the government accountability candidate committee in the
20performance of its functions.
AB1-ASA2,25,10
225.055 Election assistance commission standards board. The
executive
23director of administrator of the elections division of the board shall, in consultation
24with the board, appoint an individual to represent this state as a member of the
25federal election assistance commission standards board. The
executive director
1administrator shall also conduct and supervise a process for the selection of an
2election official by county and municipal clerks and boards of election commissioners
3to represent local election officials of this state as a member of the federal election
4assistance commission standards board. The
executive director administrator shall
5ensure that the members of the federal election assistance commission standards
6board representing this state shall at no time be members of the same political party.
7Upon appointment or election of any new member of the federal election assistance
8commission standards board representing this state, the
executive director 9administrator shall transmit a notice of that member's appointment or election to the
10officer or agency designated by federal law.
AB1-ASA2,25,17
125.056 Matching program with secretary of transportation. The
13executive director administrator of the elections division of the board shall enter into
14the agreement with the secretary of transportation specified under s. 85.61 (1) to
15match personally identifiable information on the official registration list maintained
16by the board under s. 6.36 (1) with personally identifiable information maintained
17by the department of transportation.
AB1-ASA2,26,8
195.08 Petition for enforcement. Any In addition to or in lieu of filing a
20complaint, any elector may file a verified petition alleging such facts as are within
21his or her knowledge to indicate that an election official has failed or is failing to
22comply with any law regulating the conduct of elections or election campaigns or
23proposes to act in a manner inconsistent with such a law, and requesting that an
24action be commenced for injunctive relief, a writ of mandamus or prohibition or other
25such legal or equitable relief as may be appropriate to compel compliance with the
1law. The petition shall be filed with the district attorney
of for the county
where the
2violation or proposed action inconsistent with this chapter occurs or is proposed to
3occur having jurisdiction to prosecute the alleged failure to comply under s. 978.05
4(1) and (2). The district attorney may then commence the action or dismiss the
5petition. If the district attorney declines to act upon the petition or if the district
6attorney fails to act upon the petition within 15 days of the date of filing, the
7petitioner may file the same petition with the attorney general, who may then
8commence the action.
AB1-ASA2,26,16
105.09 Certification of documents. Whenever the board is authorized or
11required to make a certification of any document in the custody of the board, and the
12authority to make the certification is lawfully delegated to the
executive director, the
13executive director board's legal counsel, the legal counsel may, personally or through
14an employee authorized by the
director legal counsel, affix his or her signature by
15means of a stamp, machine impression, reproduction print or similar process. This
16section does not apply to certificates of election.
AB1-ASA2,26,2418
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
19electronic voting system, or adopts and purchases a different type of voting machine
20or electronic voting system from the type it was previously using, the municipal clerk
21or executive director of the municipal board of election commissioners shall promptly
22notify the county clerk or executive director of the county board of election
23commissioners and the
executive director of the elections administrator of the
24elections division of the board in writing.
AB1-ASA2, s. 27
25Section
27. 5.62 (4) (b) of the statutes is amended to read:
AB1-ASA2,27,5
15.62
(4) (b) The county board of election commissioners in counties having a
2population of more than 500,000 shall prepare the official primary ballot. The
3commissioners shall arrange the names of all candidates for each office whose
4nomination papers are filed at the county level, using the same method as that used
5by the
elections government accountability board under s. 5.60 (1) (b).
AB1-ASA2, s. 28
6Section
28. 6.26 (2) (b) of the statutes is amended to read:
AB1-ASA2,27,137
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 8government accountability board may appoint any applicant who qualifies under
9this subsection, unless the applicant's appointment has been revoked by a
10municipality or by the board for cause. The municipal clerk, board of election
11commissioners, or
elections government accountability board may revoke an
12appointment made by the clerk, board of election commissioners, or
elections 13government accountability board for cause at any time.
AB1-ASA2, s. 29
14Section
29. 6.26 (2) (c) of the statutes is amended to read:
AB1-ASA2,27,1915
6.26
(2) (c) No individual may serve as a special registration deputy in a
16municipality unless the individual is appointed by the municipal clerk or board of
17election commissioners of the municipality or the individual is appointed by the
18elections government accountability board to serve all municipalities and the
19individual completes training required under s. 7.315.
AB1-ASA2, s. 30
20Section
30. 6.36 (2) (a) of the statutes is amended to read:
AB1-ASA2,28,521
6.36
(2) (a) Except as provided in par. (b), each registration list prepared for use
22as a poll list at a polling place or for purposes of canvassing absentee ballots at an
23election shall contain the full name and address of each registered elector; a blank
24column for the entry of the serial number of the electors when they vote or the poll
25list number used by the municipal board of absentee ballot canvassers in canvassing
1absentee ballots; an indication next to the name of each elector for whom proof of
2residence under s. 6.34 is required; and a form of certificate bearing the certification
3of the
executive director administrator of the elections division of the board stating
4that the list is a true and complete registration list of the municipality or the ward
5or wards for which the list is prepared.
AB1-ASA2, s. 31
6Section
31. 6.56 (3) to (5) of the statutes are amended to read:
AB1-ASA2,28,237
6.56
(3) Upon receipt of the list under sub. (1), the municipal clerk or board of
8election commissioners shall make an audit of all electors registering to vote at the
9polling place or other registration location under s. 6.55 (2) and all electors
10registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board
11of election commissioners receives notice from the board under sub. (7) that the board
12will perform the audit. The audit shall be made by 1st class postcard. The postcard
13shall be marked in accordance with postal regulations to ensure that it will be
14returned to the clerk, board of election commissioners, or
elections government
15accountability board if the elector does not reside at the address given on the
16postcard. If any postcard is returned undelivered, or if the clerk, board of election
17commissioners, or
elections government accountability board is informed of a
18different address than the one specified by the elector which was apparently
19improper on the day of the election, the clerk, board of election commissioners, or
20elections government accountability board shall change the status of the elector from
21eligible to ineligible on the registration list, mail the elector a notice of the change
22in status, and provide the name of the elector to the district attorney for the county
23where the polling place is located
and the government accountability board.
AB1-ASA2,29,10
24(3m) As soon as possible after all information relating to registrations after the
25close of registration for an election is entered on the registration list following the
1election under s. 6.33 (5) (a), the board shall compare the list of new registrants
2whose names do not appear on the poll lists for the election because the names were
3added after the board certified the poll lists for use at the election with the list
4containing the names transmitted to the board by the department of corrections
5under
s. 301.03 (20) s. 301.03 (20m) as of election day. If the board finds that the
6name of any person whose name appears on the list transmitted under
s. 301.03 (20) 7s. 301.03 (20m) has been added to the registration list, the board shall enter on the
8list the information transmitted to the board under
s. 301.03 (20) s. 301.03 (20m) and
9shall notify the district attorney
for the county where the polling place is located that
10the person appears to have voted illegally at the election.
AB1-ASA2,29,21
11(4) After each election, the municipal clerk shall perform an audit to assure
12that no person has been allowed to vote more than once. Whenever the municipal
13clerk has good reason to believe that a person has voted more than once in an election,
14the clerk shall send the person a 1st class letter marked in accordance with postal
15regulations to ensure that it will be returned to the clerk if the elector does not reside
16at the address given on the letter. The letter shall inform the person that all
17registrations relating to that person may be changed from eligible to ineligible status
18within 7 days unless the person contacts the office of the clerk to clarify the matter.
19A copy of the letter and of any subsequent information received from or about the
20addressee shall be sent to the district attorney
for the county where the person
21resides and the board.
AB1-ASA2,30,4
22(5) Whenever any letter or postcard mailed under this section is returned
23undelivered, or whenever the U.S. postal service notifies the clerk of an improper
24address which was apparently improper on the day of the election or whenever it
25otherwise appears that a person has voted who is not qualified or has voted more
1than once in an election, and the person has been permitted to vote after
2corroboration was made under s. 6.55 (2) or 6.86 (3) (a) 2., the name of the
3corroborator shall also be provided to the district attorney
for the county where the
4person resides and the board.
AB1-ASA2, s. 32
5Section
32. 7.08 (title) of the statutes is amended to read:
AB1-ASA2,30,6
67.08 (title)
Elections Government accountability board.
AB1-ASA2,30,128
7.08
(7) Voting system transitional assistance. From the appropriation under
9s.
20.510 (1) (c) 20.511 (1) (c), provide assistance to municipalities that used punch
10card electronic voting systems at the 2001 spring election to enable the
11municipalities to employ another type of electronic voting system, and provide
12training for election officials in the use of replacement systems.
AB1-ASA2, s. 34
13Section
34. 7.15 (1) (g) of the statutes is amended to read:
AB1-ASA2,30,1614
7.15
(1) (g) Report suspected election frauds, irregularities or violations of
15which the clerk has knowledge to the district attorney
for the county where the
16suspected activity occurs and to the board.
AB1-ASA2,30,2319
7.31
(5) The board shall conduct regular training programs to ensure that
20individuals who are certified by the board under this section are knowledgeable
21concerning their authority and responsibilities. The board shall pay all costs
22required to conduct the training programs from the appropriation under s.
20.510 (1)
23(bm) 20.511 (1) (bm).
AB1-ASA2, s. 37
24Section
37. 7.60 (4) (a) of the statutes is amended to read:
AB1-ASA2,31,20
17.60
(4) (a) The board of canvassers shall make separate duplicate statements
2showing the numbers of votes cast for the offices of president and vice president; state
3officials; U.S. senators and representatives in congress; state legislators; justice;
4court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
5commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
6municipal judge elected under s. 755.01 (4) serves a municipality that is located
7partially within the county and candidates for that judgeship file nomination papers
8in another county, the board of canvassers shall prepare a duplicate statement
9showing the numbers of votes cast for that judgeship in that county for transmittal
10to the other county. For partisan candidates, the statements shall include the
11political party or principle designation, if any, next to the name of each candidate.
12The board of canvassers shall also prepare a statement showing the results of any
13county, technical college district
, or statewide referendum. Each statement shall
14state the total number of votes cast in the county for each office; the names of all
15persons for whom the votes were cast, as returned; the number of votes cast for each
16person; and the number of votes cast for and against any question submitted at a
17referendum. The board of canvassers shall use one copy of each duplicate statement
18to report to the
elections government accountability board, technical college district
19board
, or board of canvassers of any other county and shall file the other statement
20in the office of the county clerk or board of election commissioners.
AB1-ASA2,32,1522
7.60
(5) Reporting. (a) Immediately following the canvass, the county clerk
23shall deliver or send to the
elections government accountability board, by 1st class
24mail, a certified copy of each statement of the county board of canvassers for
25president and vice president, state officials, senators and representatives in
1congress, state legislators, justice, court of appeals judge, circuit judge, district
2attorney, and metropolitan sewerage commissioners, if the commissioners are
3elected under s. 200.09 (11) (am). The statement shall record the returns for each
4office or referendum by ward, unless combined returns are authorized under s. 5.15
5(6) (b) in which case the statement shall record the returns for each group of
6combined wards. Following primaries the county clerk shall enclose on forms
7prescribed by the
elections government accountability board the names, party or
8principle designation, if any, and number of votes received by each candidate
9recorded in the same manner. The county clerk shall deliver or transmit the certified
10statement to the
elections government accountability board no later than 7 days
11after each primary except the September primary, no later than 10 days after the
12September primary and any other election except the general election, and no later
13than 14 days after the general election. The board of canvassers shall deliver or
14transmit a certified copy of each statement for any technical college district
15referendum to the secretary of the technical college district board.
AB1-ASA2,33,216
(b) If the board of canvassers becomes aware of a material mistake in the
17canvass of an election for state or national office or a statewide or technical college
18district referendum prior to the close of business on the day the
elections government
19accountability board receives returns from the last county board of canvassers with
20respect to that canvass, the board of canvassers may petition the
elections 21government accountability board to reopen and correct the canvass. The
elections 22government accountability board shall direct the canvass to be reopened and
23corrected if it determines that the public interest so requires. If the
elections 24government accountability board directs the canvass to be reopened, the board of
25canvassers shall reconvene and transmit a certified corrected copy of the canvass
1statement to the
elections government accountability board or secretary of the
2technical college district board.
AB1-ASA2,33,64
7.70
(1) Recording and preserving returns. (a) Upon receipt of the certified
5statements from the county clerks, the
elections board shall record the election
6results by counties and file and carefully preserve the statements.
AB1-ASA2,33,127
(b) If any county clerk fails or neglects to forward any statements, the
elections 8board may require the clerk to do so immediately and if not received by the 8th day
9after a primary, or by the 11th day after any other election, the
elections board may
10dispatch a special messenger to obtain them. Whenever it appears upon the face of
11any statement that an error has been made in reporting or computing, the
elections 12board may return it to the county clerk for correction.
AB1-ASA2,34,514
7.70
(5) Certificates of election. (a) The board shall record in its office each
15certified statement and determination made by the chairperson of the board or the
16chairperson's designee. Immediately after the expiration of the time allowed to file
17a petition for recount, the board shall make and transmit to each person declared
18elected a certificate of election under the seal of the board. It shall also prepare
19similar certificates, attested by the
executive director administrator of the elections
20division of the board, addressed to the U.S. house of representatives, stating the
21names of those persons elected as representatives to the congress from this state.
22In the case of U.S. senators, the board shall prepare a certificate of election for the
23governor's signature, and the governor shall sign and affix the great seal of the state
24and transmit the certificate to the president of the U.S. senate. The certificate shall
25be countersigned by the secretary of state. If a person elected was elected to fill a
1vacancy, the certificate shall so state. When a valid petition for recount is filed, the
2chairperson of the board or the chairperson's designee may not certify a nomination,
3and the governor or board may not issue a certificate of election until the recount has
4been completed and the time allowed for filing an appeal has passed, or if appealed
5until the appeal is decided.
AB1-ASA2,34,126
(b) For presidential electors, the
elections board shall prepare a certificate
7showing the determination of the results of the canvass and the names of the persons
8elected, and the governor shall sign, affix the great seal of the state
, and transmit the
9certificate by registered mail to the U.S. administrator of general services. The
10governor shall also prepare 6 duplicate originals of such certificate and deliver them
11to one of the presidential electors on or before the first Monday after the 2nd
12Wednesday in December.
AB1-ASA2, s. 41
13Section
41. 8.05 (1) (j) 3. of the statutes is amended to read:
AB1-ASA2,34,2014
8.05
(1) (j) 3. A candidate for municipal judge shall, in addition to making the
15filings required under subd. 2., file a statement of economic interests with the
ethics 16board under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of
17nomination is mailed or personally delivered to the candidate, or no later than
184:30 p.m. on the next business day after the last day for filing a declaration of
19candidacy whenever that candidate is granted an extension of time for filing a
20declaration of candidacy under subd. 2.
AB1-ASA2,35,522
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
23under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
24the time he or she files nomination papers, the candidate shall file the statement
25with the papers. A candidate for state office or municipal judge shall also file a
1statement of economic interests with the
ethics board under s. 19.43 (4) no later than
24:30 p.m. on the 3rd day following the last day for filing nomination papers under
3sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day
4whenever that candidate is granted an extension of time for filing nomination papers
5under sub. (2) (a).
AB1-ASA2, s. 43
6Section
43. 8.15 (4) (b) of the statutes is amended to read:
AB1-ASA2,35,157
8.15
(4) (b) Nomination papers shall be accompanied by a declaration of
8candidacy under s. 8.21. If a candidate for state or local office has not filed a
9registration statement under s. 11.05 at the time he or she files nomination papers,
10the candidate shall file the statement with the papers. A candidate for state office
11shall also file a statement of economic interests with the
ethics board under s. 19.43
12(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
13papers under sub. (1), or no later than 4:30 p.m. on the next business day after the
14last day whenever that candidate is granted an extension of time for filing
15nomination papers under sub. (1).
AB1-ASA2,35,2017
8.18
(2) The purpose of the convention is to nominate one presidential elector
18from each congressional district and 2 electors from the state at large. The names
19of the nominees shall be certified immediately by the chairperson of the state
20committee of each party to the chairperson of the
elections board.
AB1-ASA2,36,522
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
23under s. 8.21. If a candidate for state or local office has not filed a registration
24statement under s. 11.05 at the time he or she files nomination papers, the candidate
25shall file the statement with the papers. A candidate for state office shall also file
1a statement of economic interests with the
ethics board under s. 19.43 (4) no later
2than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
3under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
4day whenever that candidate is granted an extension of time for filing nomination
5papers under sub. (8) (a).
AB1-ASA2,36,107
8.30
(2m) The official or agency with whom nomination papers and
8declarations of candidacy are required to be filed shall not place a candidate's name
9on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05
10(2m) (d) 2. or 15.60 (6).
AB1-ASA2, s. 47
11Section
47. 8.50 (3) (a) of the statutes is amended to read:
AB1-ASA2,37,212
8.50
(3) (a) Nomination papers may be circulated no sooner than the day the
13order for the special election is filed and shall be filed not later than 5 p.m. 28 days
14before the day that the special primary will or would be held, if required, except when
15a special election is held concurrently with the spring election or general election, the
16deadline for filing nomination papers shall be specified in the order and the date shall
17be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
18later than 35 days prior to the date of the spring or September primary. Nomination
19papers may be filed in the manner specified in s. 8.10, 8.15
, or 8.20. Each candidate
20shall file a declaration of candidacy in the manner provided in s. 8.21 no later than
21the latest time provided in the order for filing nomination papers. If a candidate for
22state or local office has not filed a registration statement under s. 11.05 at the time
23he or she files nomination papers, the candidate shall file the statement with the
24papers. A candidate for state office shall also file a statement of economic interests
1with the
ethics board no later than the end of the 3rd day following the last day for
2filing nomination papers specified in the order.
AB1-ASA2, s. 48
3Section
48. 8.50 (3) (e) of the statutes is amended to read:
AB1-ASA2,37,74
8.50
(3) (e) In a special election for a state or national office, the county clerk
5or board of election commissioners shall transmit the statement of the county board
6of canvassers to the
elections government accountability board no later than 7 days
7after the special primary and 13 days after the special election.