SB1-engrossed,8,176
5.05
(6) Formal opinions. Any interested person may make written request to
7the
board executive director of the board to issue a formal opinion with respect to the
8person's authority or responsibilities under chs. 5 to 12. The
board executive director 9shall within 15 days advise the person requesting an opinion whether or not a formal
10opinion will be issued. If a formal opinion will be issued, it shall be issued within 30
11days of the request.
The executive director may consult with the board before issuing
12a formal opinion. No person acting in good faith upon a formal opinion issued to the
13person by the
board executive director shall be subject to civil or criminal prosecution
14for so acting, if the material facts are as stated in the opinion request. Nothing in
15this subsection requires the issuance of an opinion by the
board executive director,
16nor precludes
it the executive director from issuing an opinion or ruling in any other
17manner.
SB1-engrossed,8,24
205.052 Government accountability candidate committee. (1) The
21government accountability candidate committee shall organize whenever a vacancy
22occurs in the membership of the board that requires a nomination to be submitted
23to the governor under s. 15.60 (2). The chief justice of the supreme court shall serve
24as chairperson of the committee.
SB1-engrossed,9,2
1(2) No person may be nominated by the committee unless the person receives
2the unanimous approval of the committee.
SB1-engrossed,9,4
3(3) Except as provided in sub. (4), the committee shall submit the following
4number of nominations:
SB1-engrossed,9,55
(a) To fill one vacancy, 2 nominations.
SB1-engrossed,9,66
(b) To fill 2 vacancies, 3 nominations.
SB1-engrossed,9,77
(c) To fill 3 vacancies, 5 nominations.
SB1-engrossed,9,88
(d) To fill 4 vacancies, 6 nominations.
SB1-engrossed,9,10
9(4) If a nomination of the governor is rejected by the senate, the committee shall
10submit an additional nominee to the governor.
SB1-engrossed,9,13
125.054 Duties of the executive director. The executive director of the board
13shall:
SB1-engrossed,9,15
14(1) Whenever a vacancy occurs on the board, call a meeting of the government
15accountability candidate committee.
SB1-engrossed,9,17
16(2) Assist the government accountability candidate committee in the
17performance of its functions.
SB1-engrossed,9,19
195.066 Complaints and decision-making procedure. (1) In this section:
SB1-engrossed,9,2020
(a) "Division" means the enforcement division of the board.
SB1-engrossed,9,2321
(b) "Election official" includes any board of election commissioners under s. 7.20
22or governing body of a local governmental unit that has the responsibility to
23administer the election laws.
SB1-engrossed,9,2424
(c) "Local governmental unit" has the meaning given in s. 16.97 (7).
SB1-engrossed,9,2525
(d) "Working day" has the meaning given in s. 227.01 (14).
SB1-engrossed,10,12
1(2) Any person may file a verified complaint with the division alleging a
2violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall
3investigate the complaint unless the division finds the complaint to be without merit.
4The division may, on its own motion or upon direction of the board, investigate any
5potential violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever
6the division has probable cause to believe that a violation has occurred. If the
7division finds, by a preponderance of evidence, that a complaint is frivolous, the
8division may order the complainant to forfeit not more than the greater of $500 or
9the expanses incurred in investigating the complaint. The attorney general, when
10so requested by the division, shall institute proceedings to recover any forfeiture
11incurred under this subsection that is not paid by the person against whom it is
12assessed.
SB1-engrossed,10,19
13(3) If the complaint concerns a question as to whether an election official or a
14private person is acting in conformity with the law or rules of the board, the person
15filing the complaint shall serve a copy of the complaint upon that official or private
16person and that official or private person shall be a party to the case. An election
17official or private person may move to dismiss a complaint if it is clearly without
18merit. If the division finds, in response to a motion, that a complaint is clearly
19without merit, the division shall dismiss the complaint.
SB1-engrossed,10,22
20(4) If the division does not dismiss a complaint, the division shall issue a
21proposed decision, which shall include findings of fact and conclusions of law and
22may include an order under sub. (5).
SB1-engrossed,11,2
23(5) The division may order an election official or a private person to act in
24conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the
25board, or may, by order, impose a civil penalty under s. 11.60 or 12.60 (1) (c) or (d),
113.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of
2ch. 19 for which a civil penalty is applicable.
SB1-engrossed,11,18
3(6) Subject to the procedures under this subsection, the division may, in the
4discharge of its functions under this section and after providing notice to any party
5who is the subject of an investigation, subpoena and bring before it any person and
6require the production of any papers, books, or other records relevant to an
7investigation. Prior to issuing a subpoena or obtaining a search warrant, the division
8shall submit a written request for this purpose to the board. If the board does not
9disapprove the request within 7 days of receiving the request, the division may issue
10the subpoena or obtain the search warrant. A circuit court may by order permit the
11inspection and copying of the accounts and the depositor's and loan records at any
12financial institution, as defined in s. 705.01 (3), doing business in this state to obtain
13evidence of any violation of ch. 11 or 12, subch. III of ch. 1 3, or subch. III of ch. 19
14upon a showing by the division of probable cause to believe there is a violation and
15that such accounts and records may have a substantial relation to the violation. In
16the discharge of its functions under this section, the division may cause the
17deposition of witnesses to be taken in the manner prescribed for taking depositions
18in civil actions in circuit court.
SB1-engrossed,11,22
19(7) If the division issues a decision under sub. (4) that contains an order under
20sub. (5), the order is effective upon service of the order notwithstanding any appeal
21to the board under sub. (8) or to circuit court under sub. (11), except that the division
22may stay such an order pending an appeal.
SB1-engrossed,12,7
23(8) Any party aggrieved by a proposed decision under sub. (4) may appeal the
24proposed decision to the board within 20 days after service of a copy of the decision
25upon the party. If no appeal is filed within 20 days of service of a copy of a proposed
1decision upon each party to the case in which the decision is made, the decision is
2final and becomes the decision of the board. In appealing a decision of the division,
3the appellant shall indicate in its appeal whether the appellant contests any finding
4of fact made by the division. If an appellant does not contest a finding of fact, the
5validity of which is reasonably ascertainable to the appellant at the time of the
6appeal, that finding is conclusive against the appellant in all subsequent
7proceedings.
SB1-engrossed,12,20
8(9) If a proposed decision of the division is appealed to the board, the board shall
9hear the appeal at its next meeting occurring at least 3 working days after the appeal
10is received by the board. In reviewing the decision of the division, the board is not
11bound by any finding of fact that is contested or any conclusion of law made by the
12division. After hearing the appeal, the board may issue a decision, which shall
13include findings of fact and conclusions of law. In its decision, the board may affirm,
14modify, or reverse an order issued by the division under sub. (5), and may order an
15election official or a private person to act in conformity with chs. 5 to 12, subch. III
16of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil
17penalty under s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11
18or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable.
19If the board does not modify or reverse a decision of the division at the meeting at
20which an appeal of a decision is heard, the decision is affirmed.
SB1-engrossed,12,24
21(10) If a person aggrieved by a decision issued under sub. (4) that contains an
22order under sub. (5) appeals the decision to the board and the board modifies the
23order, the modified order is effective upon service, except that the division may stay
24such an order pending judicial review under s. 227.57.
SB1-engrossed,13,9
1(11) The defendant may appeal any decision of the division or the board in a
2contested case arising under this section as provided in s. 227.57. If the board
3modifies or reverses an order issued by the division under sub. (5), the division may
4seek judicial review of the decision. In seeking judicial review of a decision of the
5division or the board, the appellant shall indicate in its petition for review whether
6the appellant contests any finding of fact made by the division or the board that is
7not conclusive against the appellant. If the appellant does not contest any finding
8of fact made by the division or the board, that finding is conclusive against the
9appellant.
SB1-engrossed,13,20
10(12) When the enforcement division issues an order imposing a forfeiture
11under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 that is not appealed in
12a timely manner under sub. (8) or (11), or when the board issues an order imposing
13a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 and the
14period allowed under s. 227.57 for judicial review of the order expires, the division
15or board may file a copy of its order with the clerk of circuit court for Dane County.
16The clerk shall thereupon enter the order in the judgment and lien docket in the same
17manner as provided for entry of civil judgments under s. 806.10. The division or
18board may also enter the order on the judgment and lien docket of any other county
19under s. 806.13. The order may be enforced and satisfied in the same manner as
20provided for enforcement and satisfaction of civil judgments.
SB1-engrossed,13,25
21(13) If the division or the board issues an order requiring an election official
22or private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch.
23III of ch. 19 or rules of the board, the division may file an action in circuit court for
24any county where the official or other person is present to obtain relief requiring
25compliance with the order.
SB1-engrossed,14,3
1(14) (a) This section does not apply to any complaint brought by an election
2official or private person in which the board or the division is alleged to have violated
3the law.
SB1-engrossed,14,54
(b) This section does not apply to any matter arising in connection with a
5recount under s. 9.01.
SB1-engrossed,14,137
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
8electronic voting system, or adopts and purchases a different type of voting machine
9or electronic voting system from the type it was previously using, the municipal clerk
10or executive director of the municipal board of election commissioners shall promptly
11notify the county clerk or executive director of the county board of election
12commissioners and the executive director of the
elections government accountability 13board in writing.
SB1-engrossed,14,1915
5.62
(4) (b) The county board of election commissioners in counties having a
16population of more than 500,000 shall prepare the official primary ballot. The
17commissioners shall arrange the names of all candidates for each office whose
18nomination papers are filed at the county level, using the same method as that used
19by the
elections government accountability board under s. 5.60 (1) (b).
SB1-engrossed,15,221
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 22government accountability board may appoint any applicant who qualifies under
23this subsection, unless the applicant's appointment has been revoked by a
24municipality or by the board for cause. The municipal clerk, board of election
25commissioners, or
elections government accountability board may revoke an
1appointment made by the clerk, board of election commissioners, or
elections
2government accountability board for cause at any time.
SB1-engrossed,15,74
6.26
(2) (c) No individual may serve as a special registration deputy in a
5municipality unless the individual is appointed by the municipal clerk or board of
6election commissioners of the municipality or the individual is appointed by the
7elections government accountability board to serve all municipalities.
SB1-engrossed,15,9
97.08 (title)
Elections Government accountability board.
SB1-engrossed,15,1612
7.31
(5) The board shall conduct regular training programs to ensure that
13individuals who are certified by the board under this section are knowledgeable
14concerning their authority and responsibilities.
The board shall pay all costs
15required to conduct the training programs from the appropriation under s. 20.510 (1)
16(bm).
SB1-engrossed,16,1218
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
19showing the numbers of votes cast for the offices of president and vice president; state
20officials; U.S. senators and representatives in congress; state legislators; justice;
21court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
22commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
23municipal judge elected under s. 755.01 (4) serves a municipality that is located
24partially within the county and candidates for that judgeship file nomination papers
25in another county, the board of canvassers shall prepare a duplicate statement
1showing the numbers of votes cast for that judgeship in that county for transmittal
2to the other county. For partisan candidates, the statements shall include the
3political party or principle designation, if any, next to the name of each candidate.
4The board of canvassers shall also prepare a statement showing the results of any
5county, technical college district
, or statewide referendum. Each statement shall
6state the total number of votes cast in the county for each office; the names of all
7persons for whom the votes were cast, as returned; the number of votes cast for each
8person; and the number of votes cast for and against any question submitted at a
9referendum. The board of canvassers shall use one copy of each duplicate statement
10to report to the
elections government accountability board, technical college district
11board
, or board of canvassers of any other county and shall file the other statement
12in the office of the county clerk or board of election commissioners.
SB1-engrossed,17,614
7.60
(5) Reporting. (a) Immediately following the canvass, the county clerk
15shall deliver or send to the
elections government accountability board, by 1st class
16mail, a certified copy of each statement of the county board of canvassers for
17president and vice president, state officials, senators and representatives in
18congress, state legislators, justice, court of appeals judge, circuit judge, district
19attorney, and metropolitan sewerage commissioners, if the commissioners are
20elected under s. 200.09 (11) (am). The statement shall record the returns for each
21office or referendum by ward, unless combined returns are authorized under s. 5.15
22(6) (b) in which case the statement shall record the returns for each group of
23combined wards. Following primaries the county clerk shall enclose on forms
24prescribed by the
elections government accountability board the names, party or
25principle designation, if any, and number of votes received by each candidate
1recorded in the same manner. The county clerk shall deliver or transmit the certified
2statement to the
elections government accountability board no later than 7 days
3after each primary and no later than 10 days after any other election. The board of
4canvassers shall deliver or transmit a certified copy of each statement for any
5technical college district referendum to the secretary of the technical college district
6board.
SB1-engrossed,17,187
(b) If the board of canvassers becomes aware of a material mistake in the
8canvass of an election for state or national office or a statewide or technical college
9district referendum prior to the close of business on the day the
elections government
10accountability board receives returns from the last county board of canvassers with
11respect to that canvass, the board of canvassers may petition the
elections 12government accountability board to reopen and correct the canvass. The
elections 13government accountability board shall direct the canvass to be reopened and
14corrected if it determines that the public interest so requires. If the
elections 15government accountability board directs the canvass to be reopened, the board of
16canvassers shall reconvene and transmit a certified corrected copy of the canvass
17statement to the
elections government accountability board or secretary of the
18technical college district board.
SB1-engrossed,17,2220
7.70
(1) Recording and preserving returns. (a) Upon receipt of the certified
21statements from the county clerks, the
elections board shall record the election
22results by counties and file and carefully preserve the statements.
SB1-engrossed,18,323
(b) If any county clerk fails or neglects to forward any statements, the
elections 24board may require the clerk to do so immediately and if not received by the 8th day
25after a primary, or by the 11th day after any other election, the
elections board may
1dispatch a special messenger to obtain them. Whenever it appears upon the face of
2any statement that an error has been made in reporting or computing, the
elections 3board may return it to the county clerk for correction.
SB1-engrossed,18,115
7.70
(5) (b) For presidential electors, the
elections board shall prepare a
6certificate showing the determination of the results of the canvass and the names of
7the persons elected, and the governor shall sign, affix the great seal of the state
, and
8transmit the certificate by registered mail to the U.S. administrator of general
9services. The governor shall also prepare 6 duplicate originals of such certificate and
10deliver them to one of the presidential electors on or before the first Monday after the
112nd Wednesday in December.
SB1-engrossed,19,1413
8.05
(1) (j) The municipal clerk shall notify in writing each candidate whose
14name is certified as a nominee under par. (h) of his or her nomination. If a municipal
15judge is elected under s. 755.01 (4), the county clerk of the county having the largest
16portion of the population in the jurisdiction served by the judge shall make the
17notification. Upon receipt of the notice, each candidate shall file a declaration of
18candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
19notification no later than 5 p.m. on the 5th day after the notification is mailed or
20personally delivered to the candidate by the municipal clerk, except as authorized
21in this paragraph. If an incumbent whose name is certified as a nominee fails to file
22a declaration of candidacy within the time prescribed by this paragraph, each
23certified candidate for the office held by the incumbent, other than the incumbent,
24may file a declaration of candidacy no later than 72 hours after the latest time
25prescribed in this paragraph. If the candidate has not filed a registration statement
1under s. 11.05 at the time of the notification, the candidate shall file the statement
2with the declaration. A candidate for municipal judge shall also file a statement of
3economic interests with the
ethics board under s. 19.43 (4) no later than 4:30 p.m.
4on the 5th day after notification of nomination is mailed or personally delivered to
5the candidate, or no later than 4:30 p.m. on the next business day after the last day
6for filing a declaration of candidacy whenever that candidate is granted an extension
7of time for filing a declaration of candidacy under this paragraph. Upon receipt of
8the declaration of candidacy and registration statement of each qualified candidate,
9and upon filing of a statement of economic interests by each candidate for municipal
10judge, the municipal clerk, or the county clerk if the judge is elected under s. 755.01
11(4), shall place the name of the candidate on the ballot. No later than the end of the
123rd day following qualification by all candidates, the municipal clerk, or the county
13clerk if the judge is elected under s. 755.01 (4), shall draw lots to determine the
14arrangement of candidates' names on the spring election ballot.
SB1-engrossed,19,2416
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
17under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
18the time he or she files nomination papers, the candidate shall file the statement
19with the papers. A candidate for state office or municipal judge shall also file a
20statement of economic interests with the
ethics board under s. 19.43 (4) no later than
214:30 p.m. on the 3rd day following the last day for filing nomination papers under
22sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last day
23whenever that candidate is granted an extension of time for filing nomination papers
24under sub. (2) (a).
SB1-engrossed,20,9
18.15
(4) (b) Nomination papers shall be accompanied by a declaration of
2candidacy under s. 8.21. If a candidate for state or local office has not filed a
3registration statement under s. 11.05 at the time he or she files nomination papers,
4the candidate shall file the statement with the papers. A candidate for state office
5shall also file a statement of economic interests with the
ethics board under s. 19.43
6(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
7papers under sub. (1), or no later than 4:30 p.m. on the next business day after the
8last day whenever that candidate is granted an extension of time for filing
9nomination papers under sub. (1).
SB1-engrossed,20,1411
8.18
(2) The purpose of the convention is to nominate one presidential elector
12from each congressional district and 2 electors from the state at large. The names
13of the nominees shall be certified immediately by the chairperson of the state
14committee of each party to the chairperson of the
elections board.
SB1-engrossed,20,2416
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
17under s. 8.21. If a candidate for state or local office has not filed a registration
18statement under s. 11.05 at the time he or she files nomination papers, the candidate
19shall file the statement with the papers. A candidate for state office shall also file
20a statement of economic interests with the
ethics board under s. 19.43 (4) no later
21than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
22under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
23day whenever that candidate is granted an extension of time for filing nomination
24papers under sub. (8) (a).
SB1-engrossed,21,15
18.50
(3) (a) Nomination papers may be circulated no sooner than the day the
2order for the special election is filed and shall be filed not later than 5 p.m. 28 days
3before the day that the special primary will or would be held, if required, except when
4a special election is held concurrently with the spring election or general election, the
5deadline for filing nomination papers shall be specified in the order and the date shall
6be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
7later than 35 days prior to the date of the spring or September primary. Nomination
8papers may be filed in the manner specified in s. 8.10, 8.15
, or 8.20. Each candidate
9shall file a declaration of candidacy in the manner provided in s. 8.21 no later than
10the latest time provided in the order for filing nomination papers. If a candidate for
11state or local office has not filed a registration statement under s. 11.05 at the time
12he or she files nomination papers, the candidate shall file the statement with the
13papers. A candidate for state office shall also file a statement of economic interests
14with the
ethics board no later than the end of the 3rd day following the last day for
15filing nomination papers specified in the order.
SB1-engrossed,21,2017
8.50
(3) (e) In a special election for a state or national office, the county clerk
18or board of election commissioners shall transmit the statement of the county board
19of canvassers to the
elections government accountability board no later than 7 days
20after the special primary and 13 days after the special election.
SB1-engrossed,22,2522
9.01
(1) (a) Any candidate voted for at any election or any elector who voted
23upon any referendum question at any election may request a recount. The petitioner
24shall file a verified petition or petitions with the proper clerk or body under par. (ar)
25not earlier than the time of completion of the canvass and not later than 5 p.m. on
1the 3rd business day following the last meeting day of the municipal or county board
2of canvassers determining the election for that office or on that referendum question
3or, if more than one board of canvassers makes the determination not later than 5
4p.m. on the 3rd business day following the last meeting day of the last board of
5canvassers which makes a determination. If the chairperson of the board or
6chairperson's designee makes the determination for the office or the referendum
7question, the petitioner shall file the petition not earlier than the last meeting day
8of the last county board of canvassers to make a statement in the election or
9referendum and not later than 5 p.m. on the 3rd business day following the day on
10which the
elections government accountability board receives the last statement
11from a county board of canvassers for the election or referendum. Each verified
12petition shall state that at the election the petitioner was a candidate for the office
13in question or that he or she voted on the referendum question in issue; that the
14petitioner is informed and believes that a mistake or fraud has been committed in
15a specified ward or municipality in the counting and return of the votes cast for the
16office or upon the question; or shall specify any other defect, irregularity
, or illegality
17in the conduct of the election. The petition shall specify each ward, or each
18municipality where no wards exist, in which a recount is desired. If a recount is
19requested for all wards within a jurisdiction, each ward need not be specified. The
20petition may be amended to include information discovered as a result of the
21investigation of the board of canvassers or the chairperson of the board or
22chairperson's designee after the filing of the petition, if the petitioner moves to
23amend the petition as soon as possible after the petitioner discovered or reasonably
24should have discovered the information which is the subject of the amendment and
25the petitioner was unable to include information in the original petition.
SB1-engrossed,23,53
9.01
(1) (ar) 2. In the event of a recount for a referendum, the petition shall be
4filed with the clerk of the jurisdiction in which the referendum is called, and
, in the
5case of the state
, with the
elections board.
SB1-engrossed,23,87
9.01
(10) Standard forms and methods. The
elections board shall prescribe
8standard forms and procedures for the making of recounts under this section.
SB1-engrossed,23,10
1011.21 (title)
Duties of the elections board.
SB1-engrossed,23,1312
11.21
(7) (intro.) Include in its biennial report under s.
5.05 (5) 15.04 (1) (d) 13compilations of any of the following in its discretion:
SB1-engrossed,23,1815
13.123
(3) (b) 2. In making the determination under subd. 1., the chief clerk is
16bound by the determination of the chairperson of the
elections government
17accountability board or the chairperson's designee if such determination has been
18issued.
SB1-engrossed,24,4
2013.23 Election contests; notice. Any person wishing to contest the election
21of any senator or member of the assembly shall, within 30 days after the decision of
22the board of canvassers, serve a notice in writing on the person whose election the
23contestant intends to contest, stating briefly that the election will be contested and
24the cause of such contest, and shall file a copy thereof in the office of the
elections 25government accountability board at least 10 days before the day fixed by law for the
1meeting of the legislature. The
elections
government accountability board shall then
2send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of
3such notice, the contestant shall not be entitled to any mileage or salary in case
4payment has been made therefor to the sitting member.
SB1-engrossed,24,66
13.62
(4) "Board" means the
ethics
government accountability board.