The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB126, s. 1
3Section
1. 5.02 (1b) of the statutes is created to read:
AB126,3,44
5.02
(1b) "Administrator" means the administrator of the division.
AB126, s. 2
5Section
2. 5.02 (2m) of the statutes is created to read:
AB126,4,2
15.02
(2m) "Division" means the elections division attached to the office of the
2secretary of state under s. 14.37.
AB126, s. 3
3Section
3. 5.05 (title), (1) (intro.), (a) and (b) of the statutes are amended to
4read:
AB126,4,10
55.05 (title)
Elections board and division; powers and duties. (1) General
6authority. (intro.) The
elections board division shall have the responsibility for the
7administration of chs. 5 to
10 and 12 and other laws relating to elections and election
8campaigns.
The board shall have the responsibility for the administration of ch. 11
9and other laws relating to campaign financing. Pursuant to such responsibility, the
10board
or division may:
AB126,4,1411
(a) Employ an executive director outside the classified service
, in the case of the
12board, or employ a division administrator outside the classified service, in the case
13of the division, and employ legal counsel.
The e
xecutive director shall serve as the
14chief election officer for this state.
AB126,4,2515
(b) In the discharge of its duties and upon notice to the party or parties being
16investigated, subpoena and bring before it any person in the state and require the
17production of any papers, books or other records relevant to an investigation. A
18circuit court may by order permit the inspection and copying of the accounts and the
19depositor's and loan records at any financial institution as defined in s. 705.01 (3)
20doing business in the state to obtain evidence of any violation of ch. 11 upon showing
21by the board
and division of probable cause to believe there is a violation and that
22such accounts and records may have a substantial relation to the violation. In the
23discharge of its duties, the board
and division may cause the deposition of witnesses
24to be taken in the manner prescribed for taking depositions in civil actions in circuit
25court.
AB126, s. 4
1Section
4. 5.05 (3) (b) and (c), (4), (5), (6), (7), (9), (10), (11), (12), (13), (14) and
2(15) of the statutes are amended to read:
AB126,5,103
5.05
(3) (b) In any case in which the board
or division refers information
4relating to an apparent violation of this section, the district attorney, attorney
5general, or any special counsel appointed under s. 14.11 (2) shall respond by report
6to the board
or division with respect to any action taken regarding such apparent
7violation. The report shall be transmitted no later than 40 days after the date of the
8referral. If the matter is not disposed of during such period, the board
or division 9shall receive a further report at the close of every 30-day period until the time of final
10disposition.
AB126,5,1311
(c) No investigation is required of any petition or complaint which is not
12verified. The board
or division may summarily dismiss any complaint which it finds
13to be without merit.
AB126,5,15
14(4) Employees. All employees of the board
and the division shall be
15nonpartisan.
AB126,5,20
16(5) Biennial report. Notwithstanding s. 15.04 (1) (d), the board
and the
17division shall
each file its biennial report required by that paragraph on or before
18June 30 of each odd-numbered year, covering the biennium ending on the previous
19December 31. The board may include any information compiled under s. 11.21 (7)
20in such report.
AB126,6,5
21(6) Formal opinions. Any interested person may make written request to the
22board
or the division, as appropriate, to issue a formal opinion with respect to the
23person's authority or responsibilities under chs. 5 to 12. The board
or division shall
24within 15 days advise the person requesting an opinion whether or not a formal
25opinion will be issued. If a formal opinion will be issued, it shall be issued within 30
1days of the request. No person acting in good faith upon a formal opinion issued to
2the person by the board
or the division shall be subject to civil or criminal prosecution
3for so acting, if the material facts are as stated in the opinion request. Nothing in
4this subsection requires the issuance of an opinion by the board
or division, nor
5precludes it from issuing an opinion or ruling in any other manner.
AB126,6,16
6(7) Administrative meetings and conferences. The board
and the division 7shall conduct regular information and training meetings at various locations in the
8state for county and municipal clerks and other election officials. Administrative
9meetings shall be designed to explain the election laws and the forms and rules of
10the board
and the division, to promote uniform procedures and to assure that clerks
11and other officials are made aware of the integrity and importance of the vote of each
12citizen. The board
or the division may conduct conferences relating to election laws,
13practice and procedure. The board
or the division may charge persons attending the
14administrative meetings and conferences for its costs incurred in conducting the
15meetings and conferences at a rate not exceeding the per capita cost incurred by the
16board
or the division.
AB126,6,22
17(9) Standing. The board
has and the division have standing to commence or
18intervene in an action or proceeding for the purpose of enforcing the laws regulating
19the conduct of elections or election campaigns
, as appropriate, or ensuring their
20proper administration. If the board delegates authority to the executive director
21under sub. (1) (e) to act in its stead, the executive director has standing to commence
22or intervene in such an action or proceeding.
AB126,7,10
23(10) State election administration plan. With the assistance of the election
24administration council and approval of the joint committee on finance as provided
25in this subsection, the
board division shall adopt and modify as necessary a state plan
1that meets the requirements of P.L.
107-252 to enable participation by this state in
2federal financial assistance programs authorized under that law. The
board division 3shall adopt the plan and any modifications only after publishing a class I notice
4under ch. 985 or posting on the Internet a statement describing the proposed plan
5or modification and receiving public comment thereon. After approval of the
6proposed plan or any modification of the plan by the
board division, the
board
7division shall submit the proposed plan or modification to the joint committee on
8finance for the approval of the committee. The
board
division may adopt the
9proposed plan or modification only if the committee approves the proposed plan or
10modification.
AB126,7,21
11(11) Aids to counties and municipalities. From the appropriations under s.
1220.510 (1) 20.575 (2) (t) and (x), the
board division may provide financial assistance
13to eligible counties and municipalities for election administration costs in
14accordance with the plan adopted under sub. (10). As a condition precedent to receipt
15of assistance under this subsection, the
board division shall enter into an agreement
16with the county or municipality receiving the assistance specifying the intended use
17of the assistance and shall ensure compliance with the terms of the agreement. Each
18agreement shall provide that if the federal government objects to the use of any
19assistance moneys provided to the county or municipality under the agreement, the
20county or municipality shall repay the amount of the assistance provided to the
board 21division.
AB126,8,2
22(12) Voter education. The
board division may conduct or prescribe
23requirements for educational programs to inform electors about voting procedures,
24voting rights, and voting technology. The
board
division shall conduct an educational
25program for the purpose of educating electors who cast paper ballots, ballots that are
1counted at a central counting location, and absentee ballots of the effect of casting
2excess votes for a single office.
AB126,8,7
3(13) Toll-free election information exchange. (a) The
board division shall
4maintain one or more toll-free telephone lines for electors to report possible voting
5fraud and voting rights violations, to obtain general election information, and to
6access information concerning their registration status, current polling place
7locations, and other information relevant to voting in elections.
AB126,8,118
(b) The
board division may maintain a free access system under which an
9elector who votes under s. 6.96 or 6.97 may ascertain current information concerning
10whether the elector's vote has been counted, and, if the vote will not be counted, the
11reason that it will not be counted.
AB126,8,15
12(14) Information from county and municipal clerks. The
board division may
13request information from county and municipal clerks relating to election
14administration, performance of electronic voting systems and voting machines, and
15use of paper ballots in elections.
AB126,8,20
16(15) Registration list. The
board division is responsible for the design and
17maintenance of the official registration list under s. 6.36. The
board division shall
18require all municipalities to use the list in every election and may require any
19municipality to adhere to procedures established by the
board division for proper
20maintenance of the list.
AB126, s. 5
21Section
5. 5.055 of the statutes is amended to read:
AB126,9,10
225.055 Election assistance commission standards board. The
executive
23director of the board administrator shall
, in consultation with the board, appoint an
24individual to represent this state as a member of the federal election assistance
25commission standards board. The
executive director
administrator shall also
1conduct and supervise a process for the selection of an election official by county and
2municipal clerks and boards of election commissioners to represent local election
3officials of this state as a member of the federal election assistance commission
4standards board. The
executive director administrator shall ensure that the
5members of the federal election assistance commission standards board
6representing this state shall at no time be members of the same political party. Upon
7appointment or election of any new member of the federal election assistance
8commission standards board representing this state, the
executive director 9administrator shall transmit a notice of that member's appointment or election to the
10officer or agency designated by federal law.
AB126, s. 6
11Section
6. 5.056 of the statutes is amended to read:
AB126,9,17
125.056 Matching program with secretary of transportation. The
13executive director of the board administrator shall enter into the agreement with the
14secretary of transportation specified under s. 85.61 (1) to match personally
15identifiable information on the official registration list maintained by the
board 16division under s. 6.36 (1) with personally identifiable information maintained by the
17department of transportation.
AB126, s. 7
18Section
7. 5.06 (1) of the statutes is amended to read:
AB126,9,2519
5.06
(1) Whenever any elector of a jurisdiction or district served by an election
20official believes that a decision or action of the official or the failure of the official to
21act with respect to any matter concerning nominations, qualifications of candidates,
22voting qualifications, including residence, ward division and numbering, recall,
23ballot preparation, election administration or conduct of elections is contrary to law,
24or the official has abused the discretion vested in him or her by law with respect to
25any such matter, the elector may file a written sworn complaint with the
board
1division requesting that the official be required to conform his or her conduct to the
2law, be restrained from taking any action inconsistent with the law or be required
3to correct any action or decision inconsistent with the law or any abuse of the
4discretion vested in him or her by law. The complaint shall set forth such facts as are
5within the knowledge of the complainant to show probable cause to believe that a
6violation of law or abuse of discretion has occurred or will occur. The complaint may
7be accompanied by relevant supporting documents. The
board division may conduct
8a hearing on the matter in the manner prescribed for treatment of contested cases
9under ch. 227 if it believes such action to be appropriate.
AB126, s. 8
10Section
8. 5.06 (2) of the statutes is amended to read:
AB126,10,1911
5.06
(2) No person who is authorized to file a complaint under sub. (1), other
12than the attorney general or a district attorney, may commence an action or
13proceeding to test the validity of any decision, action or failure to act on the part of
14any election official with respect to any matter specified in sub. (1) without first filing
15a complaint under sub. (1), nor prior to disposition of the complaint by the
board 16division. A complaint is deemed disposed of if the
board division fails to transmit an
17acknowledgment of receipt of the complaint within 5 business days from the date of
18its receipt or if the
board division concludes its investigation without a formal
19decision.
AB126, s. 9
20Section
9. 5.06 (4) of the statutes is amended to read:
AB126,11,221
5.06
(4) The
board division may, on its own motion, investigate and determine
22whether any election official, with respect to any matter concerning nominations,
23qualifications of candidates, voting qualifications, including residence, ward
24division and numbering, recall, ballot preparation, election administration or
1conduct of elections, has failed to comply with the law or abused the discretion vested
2in him or her by law or proposes to do so.
AB126, s. 10
3Section
10. 5.06 (5) of the statutes is amended to read:
AB126,11,94
5.06
(5) Upon receipt of a complaint under sub. (1), or upon its own motion, the
5board division may order any election official to immediately transfer to its
6possession any original documents in the custody of the official which the
board
7division finds to be necessary and relevant to permit review of compliance with the
8laws concerning nominations, qualifications of candidates, ward division and
9numbering, recall or ballot preparation or the proper administration of such laws.
AB126, s. 11
10Section
11. 5.06 (6) of the statutes is amended to read:
AB126,11,1711
5.06
(6) The
board division may, after such investigation as it deems
12appropriate, summarily decide the matter before it and, by order, require any
13election official to conform his or her conduct to the law, restrain an official from
14taking any action inconsistent with the law or require an official to correct any action
15or decision inconsistent with the law. The
board
division shall immediately transmit
16a copy of the order to the official. An order issued under this subsection is effective
17immediately or at such later time as may be specified in the order.
AB126, s. 12
18Section
12. 5.06 (7) of the statutes is amended to read:
AB126,11,2019
5.06
(7) The
board division may withdraw, modify or correct an order issued
20under sub. (6) within a timely period if it finds such action to be appropriate.
AB126, s. 13
21Section
13. 5.06 (8) of the statutes is amended to read:
AB126,12,222
5.06
(8) Any election official or complainant who is aggrieved by an order issued
23under sub. (6) may appeal the decision of the
board
division to circuit court for the
24county where the official conducts business or the complainant resides no later than
130 days after issuance of the order. Pendency of an appeal does not stay the effect
2of an order unless the court so orders.
AB126, s. 14
3Section
14. 5.06 (9) of the statutes is amended to read:
AB126,12,124
5.06
(9) The court may not conduct a de novo proceeding with respect to any
5findings of fact or factual matters upon which the
board division has made a
6determination, or could have made a determination if the parties had properly
7presented the disputed matters to the
board division for its consideration. The court
8shall summarily hear and determine all contested issues of law and shall affirm,
9reverse or modify the determination of the
board
division, according due weight to
10the experience, technical competence and specialized knowledge of the
board
11division, pursuant to the applicable standards for review of agency decisions under
12s. 227.57.
AB126, s. 15
13Section
15. 5.061 of the statutes is amended to read:
AB126,12,17
145.061 Compliance with federal Help America Vote Act. (1) Whenever
15any person believes that a violation of Title III of P.L.
107-252 has occurred, is
16occurring, or is proposed to occur with respect to an election for national office in this
17state, that person may file a written, verified complaint with the
board division.
AB126,12,20
18(2) If the
board division receives more than one complaint under sub. (1)
19relating to the same subject matter, the
board division may consolidate the
20complaints for purposes of this section.
AB126,13,2
21(3) A complainant under sub. (1) or any of the complainants in a consolidated
22complaint under sub. (2) may request a hearing and the matter shall then be treated
23as a contested case under ch. 227, except that the
board division shall make a final
24determination with respect to the merits of the complaint and issue a decision within
2589 days of the time that the complaint or the earliest of any complaints was filed,
1unless the complainant, or each of any complainants whose complaints are
2consolidated, consents to a specified longer period.
AB126,13,8
3(4) If the
board division finds the complaint to be without merit, it shall issue
4a decision dismissing the complaint. If the
board
division finds that the violation
5alleged in the complaint has occurred, is occurring, or is proposed to occur, the
board 6division shall order appropriate relief, except that the
board division shall not issue
7any order under this subsection affecting the right of any person to hold an elective
8office or affecting the canvass of an election on or after the date of that election.
AB126, s. 16
9Section
16. 5.09 of the statutes is amended to read:
AB126,13,16
105.09 Certification of documents. Whenever the
board division is authorized
11or required to make a certification of any document in
the its custody
of the board, 12and the authority to make the certification is lawfully delegated to the executive
13director, the
executive director administrator may, personally or through an
14employee authorized by the
director administrator, affix his or her signature by
15means of a stamp, machine impression, reproduction print or similar process. This
16section does not apply to certificates of election.
AB126, s. 17
17Section
17. 5.25 (4) of the statutes is amended to read:
AB126,13,2318
5.25
(4) (a) Each polling place shall be accessible to all individuals with
19disabilities. The
board division shall ensure that the voting system used at each
20polling place will permit all individuals with disabilities to vote without the need for
21assistance and with the same degree of privacy that is accorded to nondisabled
22electors voting at the same polling place. This paragraph does not apply to any
23individual who is disqualified from voting under s. 6.03 (1) (a).
AB126,14,224(b) In any jurisdiction that is subject to the requirement under
42 USC
251973aa-1a to provide voting materials in any language other than English, the
board
1division shall ensure that the voting system used at each polling place in that
2jurisdiction is in compliance with
42 USC 1973aa-1a.
AB126,14,83
(d) No later than June 30 of each odd-numbered year, the
board division shall
4submit a report on impediments to voting faced by elderly and handicapped
5individuals to the appropriate standing committees of the legislature under s. 13.172
6(3). In preparing its report under this paragraph, the
board division shall consult
7with appropriate advocacy groups representing the elderly and handicapped
8populations.
AB126, s. 18
9Section
18. 5.35 (6) (a) 2m. of the statutes is amended to read:
AB126,14,1110
5.35
(6) (a) 2m. General information prescribed by the
board division on federal
11laws relating to election fraud and misrepresentation in federal elections.
AB126, s. 19
12Section
19. 5.35 (6) (a) 4a. of the statutes is amended to read:
AB126,14,1413
5.35
(6) (a) 4a. Instructions prescribed by the
board division for electors for
14whom proof of residence under s. 6.34 is required under s. 6.55 (2).
AB126, s. 20
15Section
20. 5.35 (6) (a) 4b. of the statutes is amended to read:
AB126,14,1816
5.35
(6) (a) 4b. General information prescribed by the
board division 17concerning voting rights under applicable state and federal laws, including the
18method of redress for any alleged violations of those rights.
AB126, s. 21
19Section
21. 5.35 (6) (a) 5. of the statutes is amended to read:
AB126,14,2120
5.35
(6) (a) 5. Any other voting information directed to be posted by the
board
21division.
AB126, s. 22
22Section
22. 5.35 (6) (b) of the statutes is amended to read:
AB126,15,923
5.35
(6) (b) At each polling place in the state where a consolidated ballot under
24s. 5.655 is used or an electronic voting system is utilized at a partisan primary
25election incorporating a ballot upon which electors may mark votes for candidates
1of more than one recognized political party or for candidates of a recognized political
2party and independent candidates, the municipal clerk or board of election
3commissioners shall prominently post a sign in the form prescribed by the
board 4division warning electors in substance that on any ballot with votes cast for
5candidates of more than one recognized political party or any ballot with votes cast
6for candidates of a recognized political party and independent candidates, no votes
7cast for any candidates for partisan office will be counted unless a preference for a
8party or for the independent candidates is made. If the elector designates a
9preference, only votes cast for candidates of that preference will be counted.
AB126, s. 23
10Section
23. 5.40 (5m) and (7) of the statutes are amended to read:
AB126,15,1411
5.40
(5m) Notwithstanding sub. (1), the governing body of a municipality
12which uses voting machines or an electronic voting system may petition the
board 13division for permission to use paper ballots and voting booths for a specific election,
14and the
board division may grant such a request.
AB126,15,20
15(7) Whenever a municipality adopts and purchases voting machines or an
16electronic voting system, or adopts and purchases a different type of voting machine
17or electronic voting system from the type it was previously using, the municipal clerk
18or executive director of the municipal board of election commissioners shall promptly
19notify the county clerk or executive director of the county board of election
20commissioners and the
executive director of the elections board division in writing.
AB126, s. 24
21Section
24. 5.51 (6) and (8) of the statutes are amended to read:
AB126,15,2522
5.51
(6) All candidates' names for the same office shall be placed, projected or
23composed on the ballot in the same size, style and color of type. The style and size
24of type shall conform substantially to the official ballot forms prescribed by the
board 25division under s. 7.08 (1) (a).
AB126,16,2
1(8) Unless otherwise specifically provided, the form of all ballots shall conform
2to the ballot forms prescribed by the
board division under s. 7.08 (1) (a).
AB126, s. 25
3Section
25. 5.58 (1b) (bm) of the statutes is amended to read:
AB126,16,64
5.58
(1b) (bm) For all cities the official spring primary ballot shall be arranged
5by the municipal clerk, using the same method as that used by the
board division 6under s. 5.60 (1) (b).
AB126, s. 26
7Section
26. 5.58 (1b) (cm) of the statutes is amended to read:
AB126,16,118
5.58
(1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange
9the ballot in accordance with the form prescribed by the
board division under s. 7.08
10(1) (a), which shall be the same form as provided in s. 5.60 (5) and (6), insofar as
11possible.
AB126, s. 27
12Section
27. 5.58 (2), (2m) and (2r) (am) of the statutes are amended to read:
AB126,16,2313
5.58
(2) State superintendent of public instruction; judiciary; county
14executive; and county supervisors. There shall be one separate ballot for state
15superintendent, judicial officers, county executive under s. 59.17 and county
16supervisor, except as authorized in s. 5.655. In counties having a population of
17500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m).
18The arrangement of names of candidates for state superintendent, justice, court of
19appeals judge and circuit court judge shall be determined by the
board division in the
20manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for
21county executive and county supervisor shall be determined by the county clerk or
22by the executive director of the county board of election commissioners in the manner
23specified in s. 5.60 (1) (b).
AB126,17,4
24(2m) Metropolitan sewerage commission. Except as authorized in s. 5.655,
25there shall be a separate ballot for members of the metropolitan sewerage
1commission if commissioners are elected under s. 200.09 (11) (am), with candidates
2for different seats listed in separate columns or rows if more than one seat is
3contested at any election. Arrangement of the names on the ballot shall be
4determined by the
board division.
AB126,17,13
5(2r) (am) Except as authorized in s. 5.655, there shall be a separate ballot for
6each recognized political party filing a certification under s. 8.12 (1), listing the
7names of all potential candidates of that party determined under s. 8.12 and
8affording, in addition, an opportunity to the voter to nominate another potential
9candidate by write-in vote or to vote for an uninstructed delegation to the party
10convention. The order of presidential candidates on the ballot shall be determined
11by lot by or under the supervision of the
board division. Each voter shall be given
12the ballots of all the parties participating in the presidential preference vote, but may
13vote on one ballot only.
AB126, s. 28
14Section
28. 5.60 (1) (b), (3) (ag), (5) (ar) and (6) (a) of the statutes are amended
15to read:
AB126,18,216
5.60
(1) (b) The
board division shall certify the candidates' names and
17designate the official ballot arrangement for candidates for state superintendent,
18justice, court of appeals judge, circuit judge and, if commissioners are elected under
19s. 200.09 (11) (am), the metropolitan sewerage commission. The arrangement of
20names of all candidates on the ballot whose nomination papers are filed with the
21board division shall be determined by the
board division by the drawing of lots not
22later than the 2nd Tuesday in January, or the next day if the first Tuesday is a
23holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates
24for that office shall be held by or under the supervision of the
board division not later
1than the 3rd day following the completion of the primary canvass to determine the
2arrangement of candidates on the election ballot.
AB126,18,6
3(3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving
4the names of all candidates for city offices, printed in the same form as prescribed
5by the
board division under s. 7.08 (1) (a). City election ballots may vary in form to
6conform to the law under which an election is held.
AB126,18,10
7(5) (ar) The offices to be filled shall be arranged on the official ballot in the order
8they are named in the statutes creating them. The names of the candidates shall be
9arranged by using the same method as that used by the
board division under sub. (1)
10(b). Sufficient space shall be left under each office for write-in candidates.
AB126,18,23
11(6) (a) Except as authorized in s. 5.655, there shall be a separate ballot giving
12the names of all candidates for elective town offices in the form prescribed by the
13board division under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form
14shall be used for the election of supervisors to numbered seats and one ballot form
15shall be used for the election of supervisors to unnumbered seats. On the ballot used
16for the election of supervisors to unnumbered seats, all supervisor candidates shall
17be listed together and the voting instructions shall state "Vote for not more than....
18[insert number of supervisors to be elected] candidates". All towns shall elect their
19supervisors to unnumbered seats unless the annual town meeting adopts a plan to
20elect supervisors to numbered seats. The names of candidates for town office shall
21be arranged by using the same method as that used by the
board division under sub.
22(1) (b). A space shall be provided under each office on the ballot for a write-in
23candidate.
AB126, s. 29
24Section
29. 5.62 (1) (a) and (b) 1., (2) (a), (3) and (4) (ar) and (b) of the statutes
25are amended to read:
AB126,19,21
15.62
(1) (a) At September primaries, the following ballot shall be provided for
2the nomination of candidates of recognized political parties for national, state and
3county offices and independent candidates for state office in each ward, in the same
4form as prescribed by the
board division under s. 7.08 (1) (a), except as authorized
5in s. 5.655. The ballots shall be made up of the several party tickets with each party
6entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
7except as authorized in s. 5.655. The independent candidates for state office other
8than district attorney shall have a separate ballot for all such candidates as under
9s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together
10at the bottom. The party ballot of the party receiving the most votes for president
11or governor at the last general election shall be on top with the other parties arranged
12in descending order based on their vote for president or governor at the last general
13election. The ballots of parties qualifying under sub. (2) shall be placed after the
14parties qualifying under par. (b), in the same order in which the parties filed petitions
15with the
board division. Any ballot required under par. (b) 2. shall be placed next in
16order. The ballot listing the independent candidates shall be placed at the bottom.
17At polling places where voting machines are used, each party and the independent
18candidates shall be represented in one or more separate columns or rows on the
19ballot. At polling places where an electronic voting system is used other than an
20electronic voting machine, each party and the independent candidates may be
21represented in separate columns or rows on the ballot.
AB126,20,1122
(b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized
23political party listed on the official ballot at the last gubernatorial election whose
24candidate for any statewide office received at least 1% of the total votes cast for that
25office and, if the last general election was also a presidential election, every
1recognized political party listed on the ballot at that election whose candidate for
2president received at least 1% of the total vote cast for that office shall have a
3separate primary ballot or one or more separate columns or rows on the primary
4ballot as prescribed in par. (a) and a separate column on the general election ballot
5in every ward and election district. An organization which was listed as
6"independent" at the last general election and whose candidate meets the same
7qualification shall receive the same ballot status upon petition of the chairperson
8and secretary of the organization to the
board division requesting such status and
9specifying their party name, which may not duplicate the name of an existing party.
10A petition under this subdivision may be filed no later than 5 p.m. on June 1 in the
11year of each general election.
AB126,20,25
12(2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
13organization may be represented on a separate primary ballot or in one or more
14separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
15a separate column on the general election ballot in every ward and election district.
16To qualify for a separate ballot under this paragraph, the political organization shall,
17not later than 5 p.m. on June 1 in the year of the September primary, file with the
18board division a petition requesting separate ballot status. The petition shall be
19signed by at least 10,000 electors, including at least 1,000 electors residing in each
20of at least 3 separate congressional districts. The petition shall conform to the
21requirements of s. 8.40. No signature obtained before January 1 in the year of filing
22is valid. When the candidates of a political organization filing a valid petition fulfill
23the requirements prescribed by law, they shall appear on a separate ballot or one or
24more separate columns or rows on the ballot for the period ending with the following
25general election.
AB126,21,10
1(3) The
board division shall designate the official primary ballot arrangement
2for statewide offices and district attorney within each prosecutorial district by using
3the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
4column or row on the ballot, the candidates for office shall be listed together with the
5offices which they seek in the following order whenever these offices appear on the
6September primary ballot: governor, lieutenant governor, attorney general,
7secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
8state senator, representative to the assembly, district attorney and the county offices.
9Below the names of the independent candidates shall appear the party or principle
10of the candidates, if any, in 5 words or less, as shown on their nomination papers.