AB700: Bill Text Engrossed

Current law requires election results to be canvassed and recounts to be conducted by a board of canvassers. Depending upon the type and location of a particular election, the applicable board of canvassers may be a municipal board of canvassers, school district board of canvassers or county board of canvassers. In addition, in cities and counties of more than 500,000 population (currently, only the city of Milwaukee and Milwaukee County), the municipal board of election commissioners and county board of election commissioners, respectively, serve as the boards of canvassers. With limited exceptions, current law requires the municipal clerk to appoint a member to fill any temporary vacancy on a municipal board of canvassers. Similarly, the county clerk must appoint a member to serve if a member other than the clerk cannot serve on a county board of canvassers. Furthermore, in cities having a population of more than 500,000, current law requires the executive director of the municipal board of election commissioners to serve as a member of the board of canvassers to fill any temporary vacancy. Current law does not specify a procedure for filling a vacancy on a county board of canvassers in counties of more than 500,000 or on a school district board of canvassers.

This bill requires the executive director of a county board of election commissioners to serve as a member of the county board of canvassers to fill any temporary vacancy. In addition, the bill requires the school district clerk to appoint a member to fill any temporary vacancy on the school district board of canvassers.

IV. Campaign financing

Enforcement of campaign finance law by Milwaukee County board of election commissioners

Under current law, the state elections board is authorized to investigate, subpoena records and commence and settle civil actions requiring the payment of civil forfeitures for violations of the campaign finance law.

This bill grants the same authority to the county board of election commissioners, which must be established in any county with a population of more than 500,000 (currently, only Milwaukee County), with respect to campaign finance reports and statements for county offices and referenda.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB700-engrossed, s. 1 Section 1. 5.01 (4) (a) of the statutes is amended to read:

AB700-engrossed,12,2 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board or the chairperson's designee.

AB700-engrossed, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

AB700-engrossed,12,12 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB700-engrossed, s. 3 Section 3. 5.15 (6) (b) of the statutes is amended to read:

AB700-engrossed,13,11 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000 , or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

AB700-engrossed, s. 4 Section 4. 5.25 (1) of the statutes is amended to read:

AB700-engrossed,13,18 5.25 (1) All elections under chs. 5 to 12 shall be held at the polling places provided in this section. So far as practicable, the The places chosen shall be public buildings, unless the use of a public building for this purpose is impracticable or the use of a nonpublic building better serves the needs of the electorate, as determined by the authority charged with the responsibility for establishing polling places under sub. (2).

AB700-engrossed, s. 5 Section 5. 5.25 (4) (b) of the statutes is repealed.

AB700-engrossed, s. 6 Section 6. 5.25 (4) (d) of the statutes is created to read:

AB700-engrossed,13,25 5.25 (4) (d) No later than June 30 of each odd-numbered year, the board shall submit a report on impediments to voting faced by elderly and handicapped individuals to the appropriate standing committees of the legislature under s. 13.172 (3). In preparing its report under this paragraph, the board shall consult with appropriate advocacy groups representing the elderly and handicapped populations.

AB700-engrossed, s. 7 Section 7. 5.35 (4) of the statutes is amended to read:

AB700-engrossed,14,8 5.35 (4) Layout; organization. All voting booths and machines shall be placed apart from other activities in the polling place, with their exteriors in full view of the election officials. Only the proper election officials, observers persons observing the proceedings under s. 7.41, persons assisting voters under s. 6.82 (2) and electors receiving, preparing or depositing their ballots or casting their votes on the machines are permitted in the voting area. Except where assistance is authorized, only one elector at a time is permitted in a voting booth or machine.

AB700-engrossed, s. 8 Section 8. 5.35 (6) (a) 4. of the statutes is repealed.

AB700-engrossed, s. 9 Section 9. 5.35 (6) (b) of the statutes is amended to read:

AB700-engrossed,14,22 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark or punch votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB700-engrossed, s. 10 Section 10. 5.37 (3) of the statutes is amended to read:

AB700-engrossed,15,2 5.37 (3) For presidential electors one device shall be provided to vote for all of one party's electoral candidates at the same time. The device shall be opposite or adjacent to the ballot containing the names of the party's candidates for president and vice president.

AB700-engrossed, s. 11 Section 11. 5.51 (8) of the statutes is created to read:

AB700-engrossed,15,5 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the board under s. 7.08 (1) (a).

AB700-engrossed, s. 12 Section 12. 5.53 (2) of the statutes is amended to read:

AB700-engrossed,15,10 5.53 (2) Where the provisions require separate ballots are provided for, the names or questions shall be placed in separate columns or rows upon the machines so they are voted on separately, except as otherwise provided for referenda under s. 5.64 (2) (c).

AB700-engrossed, s. 13 Section 13. 5.55 (intro.) of the statutes is renumbered 5.55 and amended to read:

AB700-engrossed,15,24 5.55 Ballot identification. On every ballot, except a ballot label or voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot. When a ballot card is employed with an electronic voting system, the date of the election may be printed or stamped on the back of the ballot card in such a manner that the card is not reusable, at the option of the county clerk. Each ballot shall be prepared in substantially the following form:

AB700-engrossed, s. 14 Section 14. 5.55 (form) of the statutes is repealed.

AB700-engrossed, s. 15 Section 15. 5.58 (intro.) of the statutes is amended to read:

AB700-engrossed,16,7 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 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.

AB700-engrossed, s. 16 Section 16. 5.58 (1) (intro.) of the statutes is amended to read:

AB700-engrossed,16,10 5.58 (1) Municipal; county supervisor ballots. (intro.) There shall be separate ballots for municipal and county primaries, except as authorized in s. 5.655.

AB700-engrossed, s. 17 Section 17. 5.58 (1c) of the statutes is amended to read:

AB700-engrossed,16,17 5.58 (1c) Municipal judge. There shall be a separate ballot for municipal judges if they are elected under s. 755.01 (4), except as authorized in s. 5.655. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be entitled "Official Primary Ballot for Municipal Judge" county clerk or the executive director of the county board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

AB700-engrossed, s. 18 Section 18. 5.58 (1g) (a) of the statutes is amended to read:

AB700-engrossed,16,20 5.58 (1g) (a) There shall be a separate ballot for school district officers when so required, except as authorized in s. 5.655.

AB700-engrossed, s. 19 Section 19. 5.58 (1g) (b) of the statutes is amended to read:

AB700-engrossed,17,2 5.58 (1g) (b) In 1st class cities, the names of the candidates for the seat of the member elected at-large to the board of school directors shall be placed on the official city primary ballot and, except as authorized in s. 5.655, there shall be a separate ballot giving the names of the candidates for any seat to be filled on the board of school directors from any election district. All names of candidates for the at-large seat shall be placed in one or more separate columns or rows on the ballot.

AB700-engrossed, s. 20 Section 20. 5.58 (1r) of the statutes is amended to read:

AB700-engrossed,17,12 5.58 (1r) Town sanitary district commission. There shall be a separate ballot for members of the town sanitary district commission if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with one or more towns, except as authorized in s. 5.655. Candidates for different seats shall be listed in separate columns or rows if more than one seat is contested in any election. Arrangement of the names on the ballot shall be determined by the town clerk of the town whose board of supervisors directs the election, in the same manner as provided in s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Town Sanitary District Commission".

AB700-engrossed, s. 21 Section 21. 5.58 (2) (a) of the statutes is renumbered 5.58 (2) and amended to read:

AB700-engrossed,18,2 5.58 (2) State superintendent of public instruction; judiciary; county executive; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and county supervisor, except as authorized in s. 5.655. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

AB700-engrossed, s. 22 Section 22. 5.58 (2) (b) of the statutes is repealed.

AB700-engrossed, s. 23 Section 23. 5.58 (2m) of the statutes is amended to read:

AB700-engrossed,18,11 5.58 (2m) Metropolitan sewerage commission. There Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 66.23 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board. The ballot shall be titled "Official Primary Ballot for Metropolitan Sewerage Commission".

AB700-engrossed, s. 24 Section 24. 5.60 (intro.) of the statutes is amended to read:

AB700-engrossed,18,15 5.60 Spring election ballots. (intro.) At spring elections the following ballots, when necessary, shall be provided for each ward, except as authorized in s. 5.655.

AB700-engrossed, s. 25 Section 25. 5.60 (1) (intro.) of the statutes is amended to read:

AB700-engrossed,18,25 5.60 (1) State superintendent; judiciary; county executive and county supervisors. (intro.) There shall be one separate ballot for state superintendent, judicial officers, county executive and county supervisor, except as authorized in s. 5.655. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement of the names of candidates for county executive and, county supervisor and municipal judge, if the judge is elected under s. 755.01 (4), shall be determined by the county clerk or the executive director of the county board of election commissioners determining ballot arrangement under s. 5.58 (1c), in the manner prescribed in par. (b).

AB700-engrossed, s. 26 Section 26. 5.60 (1) (b) of the statutes is amended to read:

AB700-engrossed,19,12 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge, municipal judge elected under s. 755.01 (4) and, if commissioners are elected under s. 66.23 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB700-engrossed, s. 27 Section 27. 5.60 (2) of the statutes is amended to read:

AB700-engrossed,19,16 5.60 (2) Municipal judge. If the election is under s. 755.01 (4), there shall be a separate ballot listing the names of all of the candidates, except as authorized in s. 5.655.

AB700-engrossed, s. 28 Section 28. 5.60 (3) (intro.) of the statutes is amended to read:

AB700-engrossed,19,21 5.60 (3) City. (intro.) There Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for city offices, printed in the same form as prescribed by the board under s. 7.08 (1) (a). City election ballots may vary in form to conform to the law under which an election is held.

AB700-engrossed, s. 29 Section 29. 5.60 (4) (a) and (b) of the statutes are amended to read:

AB700-engrossed,19,24 5.60 (4) (a) There shall be a separate ballot for school district officers when so required, except as authorized in s. 5.655.

AB700-engrossed,20,6 (b) In 1st class cities, the names of the candidates for the seat of the member elected at-large to the board of school directors shall be placed on the official city ballot and there shall be a separate ballot giving the names of the candidates for any seat to be filled on the board of school directors from any election district, except as authorized in s. 5.655. The names of candidates for the at-large seat shall be placed in the same column or row on the ballot.

AB700-engrossed, s. 30 Section 30. 5.60 (4m) of the statutes is amended to read:

AB700-engrossed,20,12 5.60 (4m) Metropolitan sewerage commission. A separate ballot shall list the names of all candidates for metropolitan sewerage commission seats, if commissioners are elected under s. 66.23 (11) (am), except as authorized in s. 5.655. The names for the different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

AB700-engrossed, s. 31 Section 31. 5.60 (5) (intro.) of the statutes is amended to read:

AB700-engrossed,20,15 5.60 (5) Village. (intro.) There shall be a separate ballot giving the names of all candidates for village offices, except as authorized in s. 5.655.

AB700-engrossed, s. 32 Section 32. 5.60 (5) (a) of the statutes is amended to read:

AB700-engrossed,20,21 5.60 (5) (a) The offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. Where there is more than one ward, The names of the candidates shall be arranged by using the same method as that used by the board under sub. (1) (b). Sufficient space shall be left under each office for write-in candidates.

AB700-engrossed, s. 33 Section 33. 5.60 (6) (a) of the statutes is amended to read:

AB700-engrossed,21,9 5.60 (6) (a) There Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for elective town offices in the form prescribed by the board under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form shall be used for the election of supervisors to numbered seats and one ballot form shall be used for the election of supervisors to unnumbered seats. On the ballot used for the election of supervisors to unnumbered seats, all supervisor candidates shall be listed together and the voting instructions shall state "Vote for not more than.... [insert number of supervisors to be elected] candidates". All towns shall elect their supervisors to unnumbered seats unless the annual town meeting adopts a plan to elect supervisors to numbered seats. The names of candidates for town office shall be arranged by using the same method as that used by the board under sub. (1) (b). A space shall be provided under each office on the ballot for a write-in candidate.

AB700-engrossed, s. 34 Section 34. 5.60 (6m) and (7) of the statutes are amended to read:

AB700-engrossed,21,16 5.60 (6m) Town sanitary district commission. A Except as authorized in s. 5.655, a separate ballot shall list the names of all candidates for town sanitary district commission seats, if commissioners are elected under s. 60.74 and the boundaries of the district are not coterminous with the boundaries of one or more towns. The names for different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

AB700-engrossed,21,19 (7) Referendum ballots. There Except as authorized in s. 5.655, there shall be a separate ballot setting forth all propositions requiring a vote in the form and manner provided by s. 5.64.

AB700-engrossed, s. 35 Section 35. 5.60 (8) (intro.) of the statutes is amended to read:

AB700-engrossed,22,4 5.60 (8) Ballots for presidential vote. (intro.) There Except as authorized in s. 5.655, there shall be a separate ballot for each recognized political party filing a certification under s. 8.12 (1), listing the names of all potential candidates of that party determined under s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of such presidential candidates shall be determined by lot by or under the supervision of the board. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.

AB700-engrossed, s. 36 Section 36. 5.60 (8) (a) (intro.) of the statutes is renumbered 5.60 (8) (a) and amended to read:

AB700-engrossed,22,9 5.60 (8) (a) An official Except as authorized in s. 5.655, a separate ballot shall be printed and provided for use in each voting district. The form of each ballot shall be substantially as follows:

AB700-engrossed, s. 37 Section 37. 5.60 (8) (a) 1., 2. and 3. of the statutes are repealed.

AB700-engrossed, s. 38 Section 38. 5.62 (1) (a) of the statutes is amended to read:

AB700-engrossed,23,7 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB700-engrossed, s. 39 Section 39. 5.62 (1) (b) of the statutes is renumbered 5.62 (1) (b) 1. and amended to read:

AB700-engrossed,24,2 5.62 (1) (b) 1. Every Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least one percent 1% of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least one percent 1% of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this paragraph subdivision may be filed no later than 5 p.m. on June 1 in the year of each general election. This paragraph applies to a party only if at least one candidate of the party for a state office qualifies to have his or her name appear on the ballot under the name of the party at the last gubernatorial election.

AB700-engrossed, s. 40 Section 40. 5.62 (1) (b) 2. of the statutes is created to read:

AB700-engrossed,24,17 5.62 (1) (b) 2. Subdivision 1. applies to a party within any assembly district or county at any September primary election only if at least one candidate of the party for any national, state or county office qualifies to have his or her name appear on the ballot under the name of that party within that assembly district or county. The county clerk or county board of election commissioners shall provide a combined separate ballot or one or more separate columns or rows on the ballot that will permit an elector to cast a vote for a write-in candidate for the nomination of any such party for each national, state and county office whenever that party qualifies to be represented on a separate primary ballot or in one or more separate columns or rows under subd. 1. but does not qualify under this subdivision. The ballot shall include the name of each party qualifying for a separate ballot or one or more separate columns or rows on the ballot under each office, with the names of the candidates for each such party appearing in the same order in which the ballots of the parties would appear under par. (a).

AB700-engrossed, s. 41 Section 41. 5.62 (2) of the statutes is renumbered 5.62 (2) (a) and amended to read:

AB700-engrossed,25,9 5.62 (2) (a) Any Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political organization may be represented on a separate primary ballot or in one or more separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in a separate column on the general election ballot in every ward and election district if, not later than 5 p.m. on June 1 in the year of a September primary, it files with the board a petition so requesting. To qualify for a separate ballot under this paragraph, the petition political organization shall be, not later than 5 p.m. on June 1 in the year of the September primary, file with the board a petition requesting separate ballot status. The petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.