AB126: Bill Text

AB126,71,15 8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each party entitled to a September primary ballot shall be the party's candidates for president, vice president and presidential electors. The state or national chairperson of each such party shall certify the names of the party's nominees for president and vice president to the board division no later than 5 p.m. on the first Tuesday in September preceding a presidential election. Each name shall be in one of the formats authorized in s. 7.08 (2) (a).

AB126, s. 145 Section 145. 8.17 (9) (a) of the statutes is amended to read:

AB126,71,23 8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents of that county may voluntarily form a committee, which, upon approval of the state committee and certification by the secretary of the state committee to the board division and the county clerk or board of election commissioners, shall then become the county committee with equal standing as if it had been organized under sub. (5) (a). This standing shall remain unless and until a committee is organized under sub. (5) (a).

AB126, s. 146 Section 146. 8.17 (12) of the statutes is amended to read:

AB126,72,4 8.17 (12) The secretary of the state committee of each recognized political party under s. 5.62 (1) (b) or (2) shall notify the board division in writing of the name and address of the elected state committee chairperson within 10 days of his or her election.

AB126, s. 147 Section 147. 8.18 (2) of the statutes is amended to read:

AB126,72,9 8.18 (2) The purpose of the convention is to nominate one presidential elector from each congressional district and 2 electors from the state at large. The names of the nominees shall be certified immediately by the chairperson of the state committee of each party to the chairperson of the elections board administrator.

AB126, s. 148 Section 148. 8.185 (1) of the statutes is amended to read:

AB126,72,17 8.185 (1) The names of candidates for president and vice president may be written in, in the place provided, on the general ballot at the general election for choosing the president and vice president of the United States. Write-in votes shall be listed as scattering unless the person whose name is written in has a list of presidential electors on file with the board division in accordance with this section or unless the person whose name is written in has received more than 10% of the total vote cast in the ward, or in the municipality if not divided into wards.

AB126, s. 149 Section 149. 8.185 (2) of the statutes is amended to read:

AB126,73,6 8.185 (2) Any candidates for the office of president and vice president of the United States as write-in candidates shall file a list of presidential electors and a declaration of candidacy in the manner prescribed in s. 8.21 with the board division no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general election to choose the president and vice president of the United States. The list shall contain one presidential elector from each congressional district and 2 electors from the state at large and the names of the candidates for president and vice president for whom they intend to vote, if elected. Compliance with this subsection may be waived by the board division but only if the results of the general election indicate that a write-in candidate for the office of president is eligible to receive the electoral votes of this state except for noncompliance with this subsection. In such event, the write-in candidate shall have until 4:30 p.m. on the Friday following the general election to comply with the filing requirements of this subsection.

AB126, s. 150 Section 150. 8.185 (3) of the statutes is amended to read:

AB126,73,11 8.185 (3) If more than one list of presidential electors is filed with the board division by any write-in candidates for the offices of president and vice president of the United States, the first list filed shall be considered the valid list, provided that this list meets the additional requirements of this section.

AB126, s. 151 Section 151. 8.19 (1) of the statutes is amended to read:

AB126,73,18 8.19 (1) The state committee of any party polling less than 75,000 presidential votes in this state in the last election may change the name of the party. The new name may not duplicate that of an existing national party. A certificate of approval by the party's national committee which has been certified by the national committee secretary, the state committee chairperson and the state committee secretary shall be filed with the board division.

AB126, s. 152 Section 152. 8.19 (3) of the statutes is amended to read:

AB126,74,2 8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on the September primary and general election ballots has exclusive right to the use of the name designating it at any election involving political parties. The board division shall not certify nor the county clerk print the name of any person whose nomination papers indicate a party name comprising a combination of existing party names, qualifying words, phrases, prefixes or suffixes in connection with any existing party name.

AB126, s. 153 Section 153. 8.20 (7) of the statutes is amended to read:

AB126,74,6 8.20 (7) Nomination papers shall be filed in the office of the board division for all state offices and the offices of U.S. senator and representative in congress, and in the office of county clerk or board of election commissioners for all county offices.

AB126, s. 154 Section 154. 8.40 (3) of the statutes is amended to read:

AB126,74,10 8.40 (3) The board division shall, by rule, prescribe standards consistent with this chapter and s. 9.10 (2) to be used by all election officials and governing bodies in determining the validity of petitions for elections and signatures thereon.

AB126, s. 155 Section 155. 8.50 (1) (a) of the statutes is amended to read:

AB126,75,9 8.50 (1) (a) When there is to be a special election, the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the special election for city office shall be ordered by the common council; the special election for village office shall be ordered by the board of trustees; the special election for town office shall be ordered by the town board of supervisors; the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the special election for municipal judge shall be ordered by the governing body of the municipality, except in 1st class cities, or if the judge is elected under s. 755.01 (4) jointly by the governing bodies of all municipalities served by the judge; and all other special elections shall be ordered by the governor. When the governor or attorney general issues the order, it shall be filed and recorded in the office of the board division. When the county board of supervisors issues the order, it shall be filed and recorded in the office of the county clerk. When the county executive issues the order, it shall be filed in the office of the county board of election commissioners. When the common council issues the order, it shall be filed in the office of the city clerk. When the board of trustees issues the order, it shall be filed in the office of the village clerk. When the town board of supervisors issues the order, it shall be filed in the office of the town clerk. When the school board of a school district organized under ch. 119 issues the order, it shall be filed and recorded in the office of the city board of election commissioners. If a municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of the county clerk or board of election commissioners of the county having the largest portion of the population of the jurisdiction served by the judge.

AB126, s. 156 Section 156. 8.50 (1) (b) of the statutes is amended to read:

AB126,75,20 8.50 (1) (b) Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election concerns a national or state office, the board division shall give notice as soon as possible to the county clerks. Upon receipt of notice from the board division , or when the special election is for a county office or a municipal judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible to the municipal clerks of all municipalities in which electors are eligible to vote in the election and publish one type A notice for all offices to be voted upon within the county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or town office, the municipal clerk shall publish one type A notice as provided under s. 10.06 (3) (f).

AB126, s. 157 Section 157. 8.50 (1) (d) of the statutes is amended to read:

AB126,76,7 8.50 (1) (d) When the election concerns a national or state office, the board division shall transmit to each county clerk at least 22 days before the special primary a certified list of all persons for whom nomination papers have been filed in its office. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the election. Immediately upon receipt of the certified list, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB126, s. 158 Section 158. 8.50 (3) (e) of the statutes is amended to read:

AB126,76,12 8.50 (3) (e) In a special election for a state or national office, the county clerk or board of election commissioners shall transmit the statement of the county board of canvassers to the elections board division no later than 7 days after the special primary and 13 days after the special election.

AB126, s. 159 Section 159. 9.01 (1) (a) 1. of the statutes is amended to read:

AB126,77,5 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee division makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board division receives the last statement from a county board of canvassers for the election or referendum.

AB126, s. 160 Section 160. 9.01 (1) (a) 4. of the statutes is amended to read:

AB126,77,13 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee, division after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

AB126, s. 161 Section 161. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB126,77,20 9.01 (1) (ag) 4. The board division shall deposit all moneys received by it into the account under s. 20.510 (1) 20.575 (2) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB126, s. 162 Section 162. 9.01 (1) (ar) 2. of the statutes is amended to read:

AB126,77,24 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and in the case of the state with the elections board division.

AB126, s. 163 Section 163. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB126,78,16 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Whenever the board division receives a valid petition and any payment under par. (ag) 3., the board division shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board division may permit extension of the time for adjournment. Returns from a recount ordered by the board division shall be transmitted to the office of the board division as soon as possible, but in no case later than 13 days from the date of the order of the board division directing the recount. The chairperson of the board or the chairperson's designee division may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee division need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB126, s. 164 Section 164. 9.01 (5) (a) of the statutes is amended to read:

AB126,79,6 9.01 (5) (a) The board of canvassers or the chairperson of the board or the chairperson's designee division shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee division. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the chairperson or chairperson's designee division receives exhibits from any party, the board of canvassers or the chairperson or designee division shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee division shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee any employee of the division may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board or chairperson's designee division, witness fees shall be paid by the board division.

AB126, s. 165 Section 165. 9.01 (5) (bm) of the statutes is amended to read:

AB126,79,19 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board division one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) by the county committee of that political party.

AB126, s. 166 Section 166. 9.01 (5) (c) of the statutes is amended to read:

AB126,80,9 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the chairperson of the board or the chairperson's designee division, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board or designee division. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the chairperson of the board or the chairperson's designee division receives such results, the chairperson or designee division shall publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt, but if that day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the chairperson of the board or designee division may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB126, s. 167 Section 167. 9.01 (6) (a) of the statutes is amended to read:

AB126,81,2 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board or the chairperson's designee division whenever a determination is made by the chairperson or designee division, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board or the chairperson's designee division. The appellant shall also serve notice on the board division if the chairperson of the board or the chairperson's designee division is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB126, s. 168 Section 168. 9.01 (8) (a) of the statutes is amended to read:

AB126,81,6 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the chairperson of the board or chairperson's designee division, it shall affirm the determination.

AB126, s. 169 Section 169. 9.01 (8) (d) of the statutes is amended to read:

AB126,81,17 9.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the chairperson of the board or chairperson's designee division if it finds that the board of canvassers or the chairperson or chairperson's designee division has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the chairperson or chairperson's designee division, the court may not substitute its judgment for that of the board of canvassers or the chairperson or designee division as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

AB126, s. 170 Section 170. 9.01 (10) of the statutes is amended to read:

AB126,81,25 9.01 (10) Standard forms and methods. The elections board division shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the elections board division shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the elections board division staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

AB126, s. 171 Section 171. 10.01 (1) of the statutes is amended to read:

AB126,82,10 10.01 (1) The form of the various election notices shall be prescribed by the board division to standardize election notices. To accomplish this purpose, the board division shall make rules and draft whatever forms it considers necessary. Notification or certification lists of candidates or referenda questions sent to the county clerks shall prescribe the form in which the county clerks shall publish the relevant portions of the notice and any additional county offices and referenda questions. The board division shall also prescribe the provisions for municipal notices which shall be sent to each county clerk who shall immediately forward them to each municipal clerk.

AB126, s. 172 Section 172. 10.01 (2) (intro.) of the statutes is amended to read:

AB126,82,15 10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices, modified as necessary to apply to the various elections, which shall be published in substantially the same form as prescribed by the board division. The 5 types of notices are:

AB126, s. 173 Section 173. 10.02 (1) of the statutes is amended to read:

AB126,82,20 10.02 (1) Before any election an appropriate type B notice shall be published in substantially the form prescribed by the board division at the times prescribed in s. 10.06. The type B notice shall include the following relevant sections and be within the guidelines established in this section.

AB126, s. 174 Section 174. 10.02 (2) (c) of the statutes is amended to read:

AB126,83,7 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the board division and shall conform to the form prescribed by the board division under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

AB126, s. 175 Section 175. 10.02 (3) (intro.) of the statutes is amended to read:

AB126,83,9 10.02 (3) (intro.) The notice shall contain the following:

AB126,83,10 FACSIMILE BALLOT NOTICE

AB126,83,11 OF .... ELECTION

AB126,83,12 Office of .... [County] [Municipal] Clerk.

AB126,83,13 To the Electors of .... [County] [Municipality]:

AB126,83,19 Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.

AB126,83,20 INFORMATION TO ELECTORS

AB126,83,23 Except where a different statement is prescribed by the board division for use in whole or in part by municipalities using electronic voting systems under s. 5.95, the voting instructions shall be given substantially as follows:

AB126, s. 176 Section 176. 10.06 (1) (title) of the statutes is amended to read:

AB126,83,25 10.06 (1) (title) Elections board and division.

AB126, s. 177 Section 177. 10.06 (1) (a) of the statutes is amended to read:

AB126,84,3 10.06 (1) (a) On or before November 15 preceding a spring election the board division shall send a type A notice to each county clerk.

AB126, s. 178 Section 178. 10.06 (1) (c) of the statutes is amended to read:

AB126,84,8 10.06 (1) (c) As soon as possible after the deadline for filing nomination papers for the spring election, but no later than the 2nd Tuesday in January, the board division shall send a type B notice certifying the list of candidates to each county clerk if a primary is required.

AB126, s. 179 Section 179. 10.06 (1) (e) of the statutes is amended to read:

AB126,84,18 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board division shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board division shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB126, s. 180 Section 180. 10.06 (1) (f) of the statutes is amended to read:

AB126,84,22 10.06 (1) (f) On or before the 2nd Tuesday in May preceding a September primary and general election the board division shall send a type A notice to each county clerk.

AB126, s. 181 Section 181. 10.06 (1) (h) of the statutes is amended to read:

AB126,85,2 10.06 (1) (h) As soon as possible after the deadline for determining ballot arrangement for the September primary on the 3rd Tuesday in July, the board division shall send a type B notice to each county clerk certifying the list of candidates for the September primary.

AB126, s. 182 Section 182. 10.06 (1) (i) of the statutes is amended to read:

AB126,85,9 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board division shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and the board shall send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c).

AB126, s. 183 Section 183. 10.06 (2) (a) of the statutes is amended to read:

AB126,85,14 10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each county clerk shall publish a type A notice based on the notice received from the board division for all state offices to be filled at the election by any electors voting in the county and a similar notice incorporating any county offices.

AB126, s. 184 Section 184. 10.06 (2) (b) of the statutes is amended to read:

AB126,85,22 10.06 (2) (b) Upon receipt of the type B notice from the board division preceding the spring election each county clerk shall add any county offices, prepare the ballots, and send notice to each municipal clerk of the spring primary. When there is no state spring primary within the county and there is no presidential preference primary scheduled for the date of the spring primary, but there is to be a county spring primary, the county clerk shall prepare the ballots and send notice to each municipal clerk.

AB126, s. 185 Section 185. 10.06 (2) (e) of the statutes is amended to read: