AB115: Bill Text

LRB-1991/1

JTK:wlj:cph

2003 - 2004 LEGISLATURE

2003 Assembly BILL 115

March 5, 2003 - Introduced by Representatives Freese, Bies, Vrakas, Hines, Ladwig, Hahn, Ott, Kestell, Grothman, Kreibich, Musser and Ainsworth, cosponsored by Senators S. Fitzgerald and Schultz. Referred to Committee on Campaigns and Elections.

AB115,1,7 An Act to amend 7.15 (2) (a), 7.51 (2) (e), 7.51 (2) (g), 7.51 (4) (a), 7.53 (1), 7.53 (2) (d), 7.53 (3) (a), 7.60 (4) (a), 7.60 (4) (c), 7.70 (3) (f), 8.05 (5), 8.11 (1) (b) and (d), (2), (2m) and (5), 8.185 (2), 8.21, 117.22 (2) (d), 120.06 (6) (b) 2., 120.06 (6) (b) 3., 120.06 (7) (a) and 120.06 (7) (b); and to create 5.02 (26), 7.08 (5), 7.10 (5), 7.15 (1) (L) and 120.06 (8) (dm) of the statutes; relating to: filing of declarations of candidacy and recording of votes received by write-in candidates in certain elections.

Analysis by the Legislative Reference Bureau

Currently, the name of each person who receives a vote at an election is recorded on the returns for that election. When a county or state canvass of an election is performed, the names of write-in candidates who receive a comparatively small number of votes may be omitted and their votes designated on the returns as "scattering votes."

This bill permits any write-in candidate to file a declaration of candidacy with the appropriate filing officer or agency, in the same form as is currently provided for other candidates, no later than 5 p.m. on the day before a primary or other election at which the candidate seeks office. Under the bill, the name of any write-in candidate need not be recorded on the returns for any election unless the candidate has filed a timely declaration of candidacy for the office for which the candidate receives votes. The procedure does not apply if a write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

Currently, with a limited exception, the deadline for write-in candidates for the offices of president and vice president of the United States to file a declaration of candidacy and a list of presidential electors is the second Tuesday preceding the date of the general election. This bill permits the declaration and list of electors to be filed no later than 5 p.m. on the day before the general election.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB115, s. 1 Section 1. 5.02 (26) of the statutes is created to read:

AB115,2,4 5.02 (26) "Write-in candidate" means a candidate who seeks or receives votes at an election for an office without qualifying to have his or her name appear on the ballot at that election for the office for which the candidate seeks or receives votes.

AB115, s. 2 Section 2. 7.08 (6) of the statutes is created to read:

AB115,2,13 7.08 (6) Notice of write-in candidates. Whenever a write-in candidate files a timely declaration of candidacy with the board, the board shall immediately notify the county clerk or board of election commissioners of each county where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks. This subsection does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB115, s. 3 Section 3. 7.10 (5) of the statutes is created to read:

AB115,3,7 7.10 (5) Notice of write-in candidates. Whenever a write-in candidate files a timely declaration of candidacy with the county clerk, or the clerk receives notice from the board under s. 7.08 (6) that a write-in candidate seeks office in the county, the clerk shall immediately notify the municipal clerk or board of election commissioners of each municipality in the county where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks. This subsection does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB115, s. 4 Section 4. 7.15 (1) (L) of the statutes is created to read:

AB115,3,18 7.15 (1) (L) Whenever a write-in candidate files a timely declaration of candidacy with the municipal clerk, or the clerk receives notice from the county clerk or board of election commissioners under s. 7.10 (5) or a school district clerk under s. 120.06 (8) (dm) that a write-in candidate seeks office in the municipality, notify the inspectors at each polling place in the municipality where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks no later than 8 p.m. on election day. This paragraph does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB115, s. 5 Section 5. 7.15 (2) (a) of the statutes is amended to read:

AB115,3,21 7.15 (2) (a) In municipal elections, the municipal clerks shall perform the duties prescribed for county clerks by under s. 7.10 (1) to (4) and (6).

AB115, s. 6 Section 6. 7.51 (2) (e) of the statutes is amended to read:

AB115,4,20 7.51 (2) (e) If, after any ballots have been laid aside, the number of ballots still exceeds the total number of electors recorded on the registration or poll list, the inspectors shall separate the absentee ballots from the other ballots. If there is an excess number of absentee ballots, the inspectors shall place the absentee ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of absentee ballots. If there is an excess number of other ballots, the inspectors shall place those ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of those ballots. All ballots so removed may not be counted but shall be specially marked as having been removed by the inspectors on original canvass due to an excess number of ballots, set aside and preserved. When the number of ballots and total shown on the poll or registration list agree, the inspectors shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The inspectors shall then open, count and record the number of votes. In recording the votes cast for an office, the inspectors may indicate votes cast for a write-in candidate who did not file a timely declaration of candidacy under s. 8.21 for that office as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. When the ballots are counted, the inspectors shall separate them into piles for ballots similarly voted. Objections may be made to placement of ballots in the piles at the time the separation is made.

AB115, s. 7 Section 7. 7.51 (2) (g) of the statutes is amended to read:

AB115,5,12 7.51 (2) (g) Immediately after the polls close, where voting machines are used, the inspectors shall open the registering or recording compartments or remove the record of the votes cast and shall canvass, record, announce and return on the tally sheets and certificates furnished. In recording the votes cast for an office, the inspectors may indicate votes cast for a write-in candidate who did not file a timely declaration of candidacy under s. 8.21 for that office as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate. In recording the votes registered on any counter which, before the opening of the polls, did not register 000, the inspectors shall upon the return sheets subtract the number registered before the polls opened from the number registered when the polls closed. The difference between the 2 numbers is the correct vote for the candidate whose name was represented by the counter, except if the number registered on the counter when the polls closed is smaller than the number registered thereon when the polls opened, the number 1,000 shall be added to the number registered when the polls closed, before the subtraction is made.

AB115, s. 8 Section 8. 7.51 (4) (a) of the statutes is amended to read:

AB115,6,6 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall except a write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for that office, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The tally sheets shall also state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess by which the number of ballots exceeds the number of electors voting as shown by the poll or registration list, if any, and shall state the number of the last elector as shown by the registration or poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

AB115, s. 9 Section 9. 7.53 (1) of the statutes is amended to read:

AB115,6,20 7.53 (1) Municipalities with one polling place. Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass shall be conducted publicly under s. 7.51 and the inspectors shall act as the municipal board of canvassers. Upon completion of the canvass and ascertainment of the results by the inspectors, the clerk shall publicly read the names of the persons voted for and the number of votes for each person for each municipal office, except a write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The clerk shall also publicly read the names of the persons declared by the inspectors to have won nomination or election to each municipal office and the number of votes cast for and against each municipal referendum question.

AB115, s. 10 Section 10. 7.53 (2) (d) of the statutes is amended to read:

AB115,7,15 7.53 (2) (d) The municipal board of canvassers shall publicly canvass the returns of every municipal election. The canvass shall begin within 24 hours after the polls close. At the spring election, the board of canvassers shall publicly declare the results on or before the 2nd Tuesday in April. The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal referendum. After each primary for municipal offices, the board of canvassers shall prepare a statement certifying the names of those persons who have won nomination to office. After each other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal office and the results of each municipal referendum. The statement shall include the number of votes cast for each person for each municipal office, except a write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. The statement shall also include the number of votes cast for and against each question submitted by the municipality. The board of canvassers shall file each statement and determination in the office of the municipal clerk or board of election commissioners.

AB115, s. 11 Section 11. 7.53 (3) (a) of the statutes is amended to read:

AB115,8,17 7.53 (3) (a) In a common, union high or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of the election being canvassed who shall, with the school district clerk, constitute the school district board of canvassers. If the school district clerk is a candidate at the election being canvassed, the other 2 members of the board of canvassers shall designate a 3rd member to serve in lieu of the clerk for that election. The school district clerk shall appoint a member to fill any other temporary vacancy on the board of canvassers. The canvass shall begin as soon as possible after receipt of the returns, and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and, except a write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The statement shall also show the numbers of votes cast for and against each question and . The board of canvassers shall also prepare a determination showing the names of the persons who are elected to the school board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school district office. The school district clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the school board after each election in the manner provided in sub. (4).

AB115, s. 12 Section 12. 7.60 (4) (a) of the statutes is amended to read:

AB115,9,17 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 show 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; and the number of votes cast for each person; and, except a write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives a vote, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The statement shall also show 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 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.

AB115, s. 13 Section 13. 7.60 (4) (c) of the statutes is amended to read:

AB115,9,25 7.60 (4) (c) In preparing the statements and determinations, the board of canvassers shall carefully review the tally sheets and inspectors' statement. The board of canvassers may omit the names of individuals whose names do not appear on the ballot and who receive a comparatively small number of votes. The board of canvassers shall name of any write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives votes, and designate votes received by such individuals the candidate as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate. The board of canvassers shall append to each statement and determination a tabulation of the votes cast at each election district, ward or combination of wards authorized under s. 5.15 (6) (b) in the county for each office and each individual, whether the votes are canvassed or not, as well as the total canvassed votes cast for each individual and each office, except where scattering votes are designated. If any votes are rejected, the board of canvassers shall specify the reasons therefor.

AB115, s. 14 Section 14. 7.70 (3) (f) of the statutes is amended to read:

AB115,10,18 7.70 (3) (f) The statements shall show the persons' names receiving votes, and any referenda questions; the whole number of votes given to each; and an individual listing by the districts or counties in which they were given. The names of persons not regularly nominated who received only a comparatively small number of votes name of any write-in candidate who has not filed a timely declaration of candidacy under s. 8.21 for the office for which the candidate receives votes may be omitted and their the votes cast for that candidate may be designated as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot for that office the name of a deceased candidate.

AB115, s. 15 Section 15. 8.05 (5) of the statutes is amended to read:

AB115,11,5 8.05 (5) When primary is held. Towns and villages adopting the nonpartisan primary to nominate candidates, under subs. (3) and (4), shall hold a primary only when the number of candidates, other than write-in candidates, for an elective office in the municipality exceeds twice the number to be elected to the office. A primary for the office of municipal judge under s. 755.01 (4) shall be held whenever there are more than 2 candidates, other than write-in candidates, for that office. Those offices for which a primary has been held shall have only the names of candidates nominated at the primary appear on the official spring election ballot. When the number of candidates, other than write-in candidates, for an office does not exceed twice the number to be elected, their names shall appear on the official ballot for the election without a primary.

AB115, s. 16 Section 16. 8.11 (1) (b) and (d), (2), (2m) and (5) of the statutes are amended to read:

AB115,11,10 8.11 (1) (b) Any city may provide by charter ordinance, under s. 66.0101, that whenever 3 or more candidates, other than write-in candidates, file nomination papers for a city office, a primary to nominate candidates for the office shall be held.

AB115,11,14 (d) When the number of candidates, other than write-in candidates, for any city office does not exceed twice the number to be elected to the office, no primary may be held for the office and the candidates' names shall appear on the ballot for the ensuing election.

AB115,11,18 (2) Milwaukee County. A primary shall be held in counties having a population of 500,000 or more whenever there are more than twice the number of candidates, other than write-in candidates, to be elected to any judicial office within the county or to the county board of supervisors from any one district.

AB115,11,22 (2m) First class city school board. A primary shall be held in 1st class cities whenever there are more than 2 candidates, other than write-in candidates, for member of the board of school directors at-large or from any election district in any year.

AB115,11,25 (5) County supervisors. A primary shall be held in an election for county board supervisor whenever 3 or more candidates, other than write-in candidates, file nomination papers.

AB115, s. 17 Section 17. 8.185 (2) of the statutes is amended to read: