AB126,78,16
19.01
(1) (ar) 3. Whenever a clerk receives a valid petition and any payment
2under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
3Whenever the
board division receives a valid petition and any payment under par.
4(ag) 3., the
board division shall promptly by certified mail or other expeditious means
5order the proper county boards of canvassers to commence the recount. County
6boards of canvassers shall convene no later than 9 a.m. on the second day after
7receipt of an order and may adjourn for not more than one day at a time until the
8recount is completed in the county, except that the
board division may permit
9extension of the time for adjournment. Returns from a recount ordered by the
board 10division shall be transmitted to the office of the
board division as soon as possible,
11but in no case later than 13 days from the date of the order of the
board division 12directing the recount. The
chairperson of the board or the chairperson's designee 13division may not make a determination in any election if a recount is pending before
14any county board of canvassers in that election. The
chairperson of the board or the
15chairperson's designee division need not recount actual ballots, but shall verify the
16returns of the county boards of canvassers in making his or her determinations.
AB126, s. 164
17Section
164. 9.01 (5) (a) of the statutes is amended to read:
AB126,79,618
9.01
(5) (a) The board of canvassers or the
chairperson of the board or the
19chairperson's designee division shall keep complete minutes of all proceedings before
20the board of canvassers or the
chairperson or designee
division. The minutes shall
21include a record of objections and offers of evidence. If the board of canvassers or the
22chairperson or chairperson's designee division receives exhibits from any party, the
23board of canvassers or the
chairperson or designee
division shall number and
24preserve the exhibits. The board of canvassers or the
chairperson or chairperson's
25designee division shall make specific findings of fact with respect to any irregularity
1raised in the petition or discovered during the recount. Any member of the board of
2canvassers or
the chairperson or chairperson's designee any employee of the division 3may administer oaths, certify official acts and issue subpoenas for purposes of this
4section. Witness fees shall be paid by the county. In the case of proceedings before
5the
chairperson of the board or chairperson's designee
division, witness fees shall be
6paid by the
board division.
AB126, s. 165
7Section
165. 9.01 (5) (bm) of the statutes is amended to read:
AB126,79,198
9.01
(5) (bm) Upon the completion of its proceedings, a board of canvassers
9shall deliver to the
board division one copy of the minutes of the proceedings kept
10under par. (a). In addition, in the case of a recount of an election for state or national
11office, for each candidate whose name appears on the ballot for that office under the
12name of a political party, the board of canvassers shall deliver one copy of the minutes
13to the chief officer, if any, who is named in any registration statement filed under s.
1411.05 (1) by the state committee of that political party, and in the case of a recount
15of an election for county office, for each candidate whose name appears on the ballot
16for that office under the name of a political party, the board of canvassers shall
17deliver one copy of the minutes to the chief officer, if any, who is named in any
18registration statement filed under s. 11.05 (1) by the county committee of that
19political party.
AB126, s. 166
20Section
166. 9.01 (5) (c) of the statutes is amended to read:
AB126,80,921
9.01
(5) (c) If the recount is made by a municipal or county board of canvassers
22and the result is required to be reported to a county board of canvassers or to the
23chairperson of the board or the chairperson's designee
division, the board of
24canvassers making the initial recount shall immediately certify the results to the
25county board of canvassers or to the
chairperson of the board or designee division.
1If a county board of canvassers receives such results, it shall then convene not later
2than 9 a.m. on the next business day following receipt to examine the returns and
3determine the results. If the
chairperson of the board or the chairperson's designee 4division receives such results, the
chairperson or designee division shall publicly
5examine the returns and determine the results not later than 9 a.m. on the 3rd
6business day following receipt, but if that day is earlier than the latest day permitted
7for that election under s. 7.70 (3) (a), the
chairperson of the board or designee division 8may examine the returns and determine the results not later than the day specified
9in s. 7.70 (3) (a).
AB126, s. 167
10Section
167. 9.01 (6) (a) of the statutes is amended to read:
AB126,81,211
9.01
(6) (a) Within 5 business days after completion of the recount
12determination by the board of canvassers in all counties concerned, or within 5
13business days after completion of the recount determination by the
chairperson of
14the board or the chairperson's designee division whenever a determination is made
15by the
chairperson or designee division, any candidate, or any elector when for a
16referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
17commence by serving a written notice of appeal on the other candidates and persons
18who filed a written notice of appearance before each board of canvassers whose
19decision is appealed, or in the case of a statewide recount, before the
chairperson of
20the board or the chairperson's designee division. The appellant shall also serve
21notice on the
board division if the
chairperson of the board or the chairperson's
22designee division is responsible for determining the election. The appellant shall
23serve the notice by certified mail or in person. The appellant shall file the notice with
24the clerk of circuit court together with an undertaking and surety in the amount
1approved by the court, conditioned upon the payment of all costs taxed against the
2appellant.
AB126, s. 168
3Section
168. 9.01 (8) (a) of the statutes is amended to read:
AB126,81,64
9.01
(8) (a) Unless the court finds a ground for setting aside or modifying the
5determination of the board of canvassers or the
chairperson of the board or
6chairperson's designee division, it shall affirm the determination.
AB126, s. 169
7Section
169. 9.01 (8) (d) of the statutes is amended to read:
AB126,81,178
9.01
(8) (d) The court shall set aside or modify the determination of the board
9of canvassers or the
chairperson of the board or chairperson's designee division if it
10finds that the board of canvassers or the
chairperson or chairperson's designee 11division has erroneously interpreted a provision of law and a correct interpretation
12compels a particular action. If the determination depends on any fact found by the
13board of canvassers or the
chairperson or chairperson's designee division, the court
14may not substitute its judgment for that of the board of canvassers or the
chairperson
15or designee division as to the weight of the evidence on any disputed finding of fact.
16The court shall set aside the determination if it finds that the determination depends
17on any finding of fact that is not supported by substantial evidence.
AB126, s. 170
18Section
170. 9.01 (10) of the statutes is amended to read:
AB126,81,2519
9.01
(10) Standard forms and methods. The
elections board division shall
20prescribe standard forms and procedures for the making of recounts under this
21section. The procedures prescribed by the
elections board division shall require the
22boards of canvassers in recounts involving more than one board of canvassers to
23consult with the
elections board division staff prior to beginning any recount in order
24to ensure that uniform procedures are used, to the extent practicable, in such
25recounts.
AB126, s. 171
1Section
171. 10.01 (1) of the statutes is amended to read:
AB126,82,102
10.01
(1) The form of the various election notices shall be prescribed by the
3board division to standardize election notices. To accomplish this purpose, the
board 4division shall make rules and draft whatever forms it considers necessary.
5Notification or certification lists of candidates or referenda questions sent to the
6county clerks shall prescribe the form in which the county clerks shall publish the
7relevant portions of the notice and any additional county offices and referenda
8questions. The
board division shall also prescribe the provisions for municipal
9notices which shall be sent to each county clerk who shall immediately forward them
10to each municipal clerk.
AB126, s. 172
11Section
172. 10.01 (2) (intro.) of the statutes is amended to read:
AB126,82,1512
10.01
(2) (intro.) For election purposes there shall be 5 basic types of notices,
13modified as necessary to apply to the various elections, which shall be published in
14substantially the same form as prescribed by the
board
division. The 5 types of
15notices are:
AB126, s. 173
16Section
173. 10.02 (1) of the statutes is amended to read:
AB126,82,2017
10.02
(1) Before any election an appropriate type B notice shall be published
18in substantially the form prescribed by the
board
division at the times prescribed in
19s. 10.06. The type B notice shall include the following relevant sections and be within
20the guidelines established in this section.
AB126, s. 174
21Section
174. 10.02 (2) (c) of the statutes is amended to read:
AB126,83,722
10.02
(2) (c) The facsimile ballots shall follow the voting instructions. The size
23and style of type and the general display of the facsimile ballots shall be prescribed
24by the
board division and shall conform to the form prescribed by the
board division 25under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and
1the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced
2diagram of the front of the voting machine and instructions to electors on how to vote
3on the machine. If the ballots in the wards or election districts within a county or
4municipality are identical but for the names of different candidates, districts or
5seats, the facsimile ballot may show the ballot for one ward or election district,
6accompanied by a list of candidates, districts and seats to be voted upon in the other
7wards or election districts.
AB126, s. 175
8Section
175. 10.02 (3) (intro.) of the statutes is amended to read:
AB126,83,99
10.02
(3) (intro.) The notice shall contain the following:
AB126,83,1010
FACSIMILE BALLOT NOTICE
AB126,83,1111
OF .... ELECTION
AB126,83,1212
Office of .... [County] [Municipal] Clerk.
AB126,83,1313
To the Electors of .... [County] [Municipality]:
AB126,83,1914
Notice is hereby given of a .... election to be held in the several wards in the [county]
15[municipality] of ...., on the .... day of ...., .... (year), at which the officers named below
16shall be chosen. The names of the candidates for each office to be voted for, whose
17nominations have been certified to or filed in this office, are given under the title of the
18office and under the appropriate party or other designation, each in its proper column,
19together with the questions submitted to a vote, in the sample ballot below.
AB126,83,2020
INFORMATION TO ELECTORS
AB126,83,2321
Except where a different statement is prescribed by the
board division for use in whole
22or in part by municipalities using electronic voting systems under s. 5.95, the voting
23instructions shall be given substantially as follows:
AB126, s. 176
24Section
176. 10.06 (1) (title) of the statutes is amended to read:
AB126,83,2525
10.06
(1) (title)
Elections board and division.
AB126, s. 177
1Section
177. 10.06 (1) (a) of the statutes is amended to read:
AB126,84,32
10.06
(1) (a) On or before November 15 preceding a spring election the
board 3division shall send a type A notice to each county clerk.
AB126, s. 178
4Section
178. 10.06 (1) (c) of the statutes is amended to read:
AB126,84,85
10.06
(1) (c) As soon as possible after the deadline for filing nomination papers
6for the spring election, but no later than the 2nd Tuesday in January, the
board 7division shall send a type B notice certifying the list of candidates to each county
8clerk if a primary is required.
AB126, s. 179
9Section
179. 10.06 (1) (e) of the statutes is amended to read:
AB126,84,1810
10.06
(1) (e) As soon as possible following the state canvass of the spring
11primary vote, but no later than the first Tuesday in March, the
board division shall
12send a type B notice certifying to each county clerk the list of candidates for the
13spring election. When no state spring primary is held or when the only primary held
14is the presidential preference primary, this notice shall be sent under par. (c). The
15board shall also in any case send a certified list of candidates under s. 11.50 to the
16state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the
board 17division shall send type A and C notices certifying each question to the county clerks
18as soon as possible, but no later than the first Tuesday in March.
AB126, s. 180
19Section
180. 10.06 (1) (f) of the statutes is amended to read:
AB126,84,2220
10.06
(1) (f) On or before the 2nd Tuesday in May preceding a September
21primary and general election the
board division shall send a type A notice to each
22county clerk.
AB126, s. 181
23Section
181. 10.06 (1) (h) of the statutes is amended to read:
AB126,85,224
10.06
(1) (h) As soon as possible after the deadline for determining ballot
25arrangement for the September primary on the 3rd Tuesday in July, the
board
1division shall send a type B notice to each county clerk certifying the list of
2candidates for the September primary.
AB126, s. 182
3Section
182. 10.06 (1) (i) of the statutes is amended to read:
AB126,85,94
10.06
(1) (i) As soon as possible after the state canvass, but no later than the
54th Tuesday in September, the
board division shall send a type B notice certifying
6the list of candidates and type A and C notices certifying each question for any
7referendum to each county clerk for the general election and
the board shall send a
8certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08
9(2) (c).
AB126, s. 183
10Section
183. 10.06 (2) (a) of the statutes is amended to read:
AB126,85,1411
10.06
(2) (a) On the 4th Tuesday in November preceding a spring election each
12county clerk shall publish a type A notice based on the notice received from the
board 13division for all state offices to be filled at the election by any electors voting in the
14county and a similar notice incorporating any county offices.
AB126, s. 184
15Section
184. 10.06 (2) (b) of the statutes is amended to read:
AB126,85,2216
10.06
(2) (b) Upon receipt of the type B notice from the
board division preceding
17the spring election each county clerk shall add any county offices, prepare the ballots,
18and send notice to each municipal clerk of the spring primary. When there is no state
19spring primary within the county and there is no presidential preference primary
20scheduled for the date of the spring primary, but there is to be a county spring
21primary, the county clerk shall prepare the ballots and send notice to each municipal
22clerk.
AB126, s. 185
23Section
185. 10.06 (2) (e) of the statutes is amended to read:
AB126,86,3
110.06
(2) (e) Upon receipt of the type B notice from the
board division each
2county clerk shall add any county offices and referenda, prepare the ballots and send
3notice to each municipal clerk of the coming spring election.
AB126, s. 186
4Section
186. 10.06 (2) (h) of the statutes is amended to read:
AB126,86,85
10.06
(2) (h) On the last Tuesday in May preceding a September primary and
6general election, the county clerk shall publish a type A notice based on the notice
7received from the
board division for all national and state offices to be filled at the
8election by any electors voting in the county and incorporating county offices.
AB126, s. 187
9Section
187. 10.06 (2) (k) of the statutes is amended to read:
AB126,86,1310
10.06
(2) (k) Upon receipt of the type B notice from the
board division preceding
11the general election, the county clerk shall add county offices and referenda, if any,
12and send notice to each municipal clerk of the coming general election and prepare
13the ballots.
AB126, s. 188
14Section
188. 13.123 (3) (b) 2. of the statutes is amended to read:
AB126,86,1815
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 board administrator 17of the elections division or the
chairperson's administrator's designee if such
18determination has been issued.
AB126, s. 189
19Section
189. 13.23 of the statutes is amended to read:
AB126,87,4
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
25board division at least 10 days before the day fixed by law for the meeting of the
1legislature. The elections
board division shall then send a copy of s. 13.24 to both
2contestants. If any contestant fails to so file a copy of such notice, the contestant shall
3not be entitled to any mileage or salary in case payment has been made therefor to
4the sitting member.
AB126, s. 190
5Section
190. 14.37 of the statutes is created to read:
AB126,87,12
614.37 Same; attached divisions. There is created an elections division that
7is attached to the office of the the secretary of state under s. 15.03. The administrator
8of the division shall be appointed outside the classified service by the secretary of
9state and shall serve at the pleasure of the secretary. Any duty assigned to or any
10power exercised by the division shall be performed by the administrator or the
11administrator's designee. The administrator shall serve as the chief election officer
12for this state.
AB126, s. 191
13Section
191. 14.375 (title) of the statutes is created to read:
AB126,87,14
1414.375 (title)
Same; councils.
AB126, s. 192
15Section
192. 14.38 (10m) of the statutes is created to read:
AB126,87,1716
14.38
(10m) Elections division. Provide any necessary assistance for the
17elections division to perform its duties and exercise its powers.
AB126, s. 193
18Section
193. 15.617 (title) of the statutes is repealed.
AB126, s. 194
19Section
194. 15.617 (1) of the statutes is renumbered 14.375 (1) and amended
20to read:
AB126,88,421
14.375
(1) Election administration council. There is created in the
elections
22board office of the secretary of state an election administration council consisting of
23members appointed by the
executive director of the elections board administrator of
24the elections division, including the clerk or executive director of the board of election
25commissioners of the 2 counties or municipalities in this state having the largest
1population, one or more election officials of other counties or municipalities,
2representatives of organizations that advocate for the interests of individuals with
3disabilities and organizations that advocate for the interests of the voting public, and
4other electors of this state.
AB126, s. 195
5Section
195. 16.79 (2) of the statutes is amended to read:
AB126,88,136
16.79
(2) The department shall distribute in pamphlet form copies of the
7constitution and such laws as may be required to meet the public demand, including
8the election laws. The department shall distribute election manuals, forms and
9supplies specified by the elections board
and elections division. The laws, manuals,
10forms and supplies shall be sold by the department at cost, including distribution
11cost as determined under s. 35.80. The elections board
and elections division shall
12inform the department in writing as to which election manuals, forms and supplies
13shall be offered for distribution under this subsection.
AB126, s. 196
14Section
196. 16.96 (3) (b) of the statutes is amended to read:
AB126,88,1815
16.96
(3) (b) Maintain and keep current throughout the decade the maps of
16congressional and legislative district boundaries received from the legislative
17reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections
18board division.
AB126, s. 197
19Section
197. 17.17 (1) of the statutes is amended to read:
AB126,88,2220
17.17
(1) Senators and members of congress. In the office of United States
21senator or member of congress from this state, by the county clerk of the county
22wherein such officer resided at the time of election, to the elections
board division.
AB126, s. 198
23Section
198. 17.17 (4) of the statutes is amended to read:
AB126,89,3
117.17
(4) Justices and judges. In the office of justice of the supreme court, court
2of appeals judge or judge of a circuit court, by the director of state courts to the
3governor and the elections
board division.
AB126, s. 199
4Section
199. 19.43 (4) of the statutes is amended to read:
AB126,89,235
19.43
(4) A candidate for state public office shall file with the board a statement
6of economic interests meeting each of the requirements of s. 19.44 (1) no later than
74:30 p.m. on the 3rd day following the last day for filing nomination papers for the
8office which the candidate seeks, or no later than 4:30 p.m. on the next business day
9after the last day whenever that candidate is granted an extension of time for filing
10nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15
11(1) or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of
12nomination is mailed or personally delivered to the candidate by the municipal clerk
13in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m.
14on the 3rd day after notification of nomination is mailed or personally delivered to
15the candidate by the appropriate official or agency in the case of a write-in candidate
16or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a).
17The information contained on the statement shall be current as of December 31 of
18the year preceding the filing deadline. Before certifying the name of any candidate
19for state public office under s. 7.08 (2) (a), the elections
board division, municipal
20clerk or board of election commissioners shall ascertain whether that candidate has
21complied with this subsection. If not, the elections
board division, municipal clerk
22or board of election commissioners may not certify the candidate's name for ballot
23placement.
AB126, s. 200
24Section
200. 20.005 (3) (schedule) of the statutes: at the appropriate place,
25insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB126, s. 201
1Section
201. 20.510 (1) (a) of the statutes is amended to read:
AB126,90,62
20.510
(1) (a)
General program operations; general purpose revenue. 3Biennially, the amounts in the schedule for general program operations
, including
4the printing of forms, materials, manuals and election laws under ss. 7.08 (1) (b), (3)
5and (4) and 11.21 (3) and (14), and including the training of election officials under
6s. 5.05 (7).
AB126, s. 202
7Section
202. 20.510 (1) (b) of the statutes is renumbered 20.575 (2) (b).
AB126, s. 203
8Section
203. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).
AB126, s. 204
9Section
204. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).
AB126, s. 205
10Section
205. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).
AB126, s. 206
11Section
206. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g).
AB126, s. 207
12Section
207. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).
AB126, s. 208
13Section
208. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).