AB225: Bill Text

AB225,15,6 5.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. Unless a court orders a recount to be conducted by another method under sub. (2), the board of canvassers may determine to conduct the recount of a specific election by hand. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

AB225,7 Section 7. 6.15 (2) (bm) of the statutes is amended to read:

AB225,15,16 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and , shall verify that any photograph appearing on that document reasonably resembles the elector , and shall enter the type of identifying document submitted by the elector as proof of residence on the application form.

AB225,8 Section 8. 6.29 (2) (b) of the statutes is amended to read:

AB225,15,25 6.29 (2) (b) Upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall enter the type of identifying document submitted by the elector as proof of residence on the registration form and issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

AB225,9 Section 9. 6.34 (2) of the statutes is amended to read:

AB225,16,16 6.34 (2) Upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3). Each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, who registers by mail, and who has not voted in an election in this state shall, if voting in person, provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3) or, if voting by absentee ballot, provide a copy of an identifying document specified under sub. (3) that establishes proof of residence under sub. (3). If the elector registered by mail, the identifying document may not be a residential lease. Any identifying document provided to establish proof of residence under this section may not be displayed electronically, but must be provided in hard-copy form.

AB225,10 Section 10. 6.34 (3) (a) 8. of the statutes is amended to read:

AB225,16,20 6.34 (3) (a) 8. A utility bill, including a bill for cellular or wireless telephone service, for the period commencing not earlier than 90 days before the day registration is made.

AB225,11 Section 11. 6.34 (3) (a) 12. of the statutes is created to read:

AB225,16,23 6.34 (3) (a) 12. A credit card statement for the period commencing not earlier than 90 days before the day registration is made.

AB225,12 Section 12. 6.36 (1) (a) of the statutes is amended to read:

AB225,17,17 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, an indication of whether the elector was required under s. 6.34 to provide proof of residence and, if so, the type of identifying document submitted as proof of residence, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

AB225,13 Section 13. 6.36 (2) (a) of the statutes is amended to read:

AB225,18,10 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the type of identifying document submitted by the elector as proof of residence when proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word "exempt"; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The board shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB225,14 Section 14. 6.36 (2) (c) of the statutes is amended to read:

AB225,18,17 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. If proof of residence is provided, the type of identifying document submitted by the elector shall be entered on the list in the space provided. Proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election in this state.

AB225,15 Section 15. 6.55 (2) (b) of the statutes is amended to read:

AB225,19,3 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide proof of residence under s. 6.34. The signing by the elector executing the registration form shall be in the presence of the special registration deputy or inspector who. Upon receipt of the registration form, the deputy or inspector shall enter the type of identifying document submitted by the elector as proof of residence in the space provided on the form. The deputy or inspector shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

AB225,16 Section 16. 6.55 (2) (c) 1. of the statutes is amended to read:

AB225,19,25 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality, may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. An eligible elector who desires to register shall execute a registration form as prescribed under par. (a) and provide proof of residence as provided under s. 6.34. The signing by the person executing the registration form shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon receipt of the registration form, the municipal clerk, deputy clerk, or special registration deputy shall enter the type of identifying document submitted by the elector as proof of residence in the space provided on the form. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the person for presentation at the polling place serving the person's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB225,17 Section 17. 6.79 (2) (a) of the statutes is amended to read:

AB225,20,14 6.79 (2) (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in subs. (3) (b) and (c), (6), and (7), each eligible elector, before receiving a serial number, shall state his or her full name and address and present to the officials proof of identification. The officials shall verify that the name on the proof of identification presented by the elector conforms to the name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. The officials shall then require the elector to enter his or her signature on the poll list, supplemental list, or separate list maintained under par. (c) unless the elector is exempt from the signature requirement under s. 6.36 (2) (a). The officials shall verify that the name and address stated by the elector conform to the elector's name and address on the poll list.

AB225,18 Section 18. 6.79 (2) (d) of the statutes is amended to read:

AB225,21,2 6.79 (2) (d) If the poll list indicates that proof of residence under s. 6.34 is required and the document provided by the elector under par. (a) does not constitute proof of residence under s. 6.34, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall enter the type of identifying document submitted as proof of residence in the space provided on the registration form and shall verify that the name and address on the identification identifying document submitted as proof of residence provided is the same as the name and address shown on the registration list. If proof of residence is required and not provided, or if the elector does not present proof of identification under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB225,19 Section 19. 6.79 (3) (c) of the statutes is created to read:

AB225,21,9 6.79 (3) (c) 1. An elector who considers himself or herself to be indigent and cannot obtain proof of identification without payment of a fee, an elector who has a religious objection to being photographed, or an elector who cannot obtain the documentation required to obtain proof of identification may, as an alternative to presenting proof of identification, swear or affirm in an oath administered by the chief inspector either that:

AB225,21,11 a. The elector considers himself or herself to be indigent and cannot obtain proof of identification without payment of a fee.

AB225,21,12 b. The elector has a religious objection to being photographed.

AB225,21,14 c. The elector cannot obtain the documentation required to obtain proof of identification.

AB225,21,22 2. An elector who makes an oath or affirmation under subd. 1. shall also sign a statement in the form prescribed by the board making the same affirmation. The inspector shall then write the words "Alternative identification" next to the elector's name on the poll list or other list maintained under this section and shall enter the elector's serial number on the back of the ballot before the ballot is given to the elector. The municipal clerk or board of election commissioners may investigate the qualifications of any elector who submits a statement under this subdivision and may advise the municipal board of canvassers of his or her findings.

AB225,20 Section 20. 6.82 (1) (a) of the statutes is amended to read:

AB225,22,25 6.82 (1) (a) When any inspectors are informed that an eligible elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. Except as authorized in s. 6.79 (3) (b) and (c), (6), and (7), the individual selected by the elector shall present to the inspectors proof of identification and, if the proof of identification does not constitute proof of residence under s. 6.34, shall also provide proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall verify that the name on the proof of identification presented by the person assisting the elector conforms to the elector's name on the poll list or separate list and, shall verify that any photograph appearing on that document reasonably resembles the elector, and shall enter the type of identifying document submitted by the assisted elector as proof of residence in the space provided on the poll list or separate list. The inspectors shall then issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot received at poll entrance".

AB225,21 Section 21. 6.86 (1) (b) of the statutes is amended to read:

AB225,23,24 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If Except as provided in par. (bb), if application is made in person, the application shall be made no earlier than the opening of business on the 3rd Monday preceding the election and no later than 5 p.m. or the close of business, whichever is later, 6 p.m. on the Friday preceding the election. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB225,22 Section 22. 6.86 (1) (bb) of the statutes is created to read:

AB225,24,7 6.86 (1) (bb) An application made in person may only be received Monday to Friday between the hours of 7:30 a.m. and 6 p.m, except that an individual may make an appointment with the actual city, town, or village clerk, as appropriate, so that, notwithstanding s. 7.21 (1), the clerk, not a member of the clerk's staff or a designated agent, may receive the individual's application made in person after 6 p.m. or anytime on Saturday or Sunday, not including the Saturday and Sunday after the Friday preceding the election.

AB225,23 Section 23. 6.87 (6d) of the statutes is created to read:

AB225,24,10 6.87 (6d) If a certificate is missing the address of a witness, the ballot may not be counted.

AB225,24 Section 24. 6.97 (3) (b) of the statutes is renumbered 6.97 (3) (b) 1. and amended to read:

AB225,25,2 6.97 (3) (b) 1. Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide proof of identification under s. 6.79 (2) or 6.86 (1) (ar) and fails to do so, the elector bears the burden of correcting the omission by providing the proof of identification at the polling place before the closing hour or by providing the proof of identification at the office of the municipal clerk or board of election commissioners serving his or her residence no later than 4 p.m. on the Friday after the election.

AB225,25,9 2. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the Friday after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

AB225,25 Section 25. 7.08 (1) (c) of the statutes is amended to read:

AB225,25,15 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), 6.79 (3) (c) 2., and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB225,26 Section 26. 7.15 (2) (d) of the statutes is amended to read:

AB225,26,3 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be fixed established in accordance with ss. 8.065 and 8.37 and shall be determined by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a determines the date. If the governing body determines the date, the date shall be established in accordance with ss. 8.065 and 8.37. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB225,27 Section 27. 7.30 (2) (a) and (b) of the statutes are amended to read:

AB225,27,14 7.30 (2) (a) Only election officials appointed under this section or s. 6.875 may conduct an election. Except as otherwise provided in this paragraph and in ss. 7.15 (1) (k) and 7.52 (1) (b), each election official shall be a qualified elector of the ward or wards, or the election district, for a county in which the polling place is established. A special registration deputy who is appointed under s. 6.55 (6) or an election official who is appointed under this section to fill a vacancy under par. (b) need not be a resident of the ward or wards, or the election district, but shall be a resident of the municipality, except that if where the official serves is located, and each chief inspector shall be a qualified elector of the municipality in which the chief inspector serves. If no qualified candidate for chief inspector is available or if the chief inspector is appointed to fill a vacancy under par. (b), the person so appointed need not be a qualified elector of the municipality. If a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the municipality county, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to municipal county residency in any municipality at any election. Special registration deputies who are appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. Excluding the inspector who may be appointed under sub. (1) (b), the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. Election officials appointed under this section may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large. Whenever 2 or more inspectors are required to perform a function within a polling place and both parties that are entitled to submit nominees have done so, the chief inspector shall assign, insofar as practicable, an equal number of inspectors from the nominees of each party.

AB225,28,5 (b) When a vacancy occurs in an office under this section, the vacancy shall be filled by appointment of the municipal clerk. Unless the vacancy occurs in the position of an inspector appointed under sub. (1) (b), the vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications that applied to original appointees shall be required of persons who fill vacancies except that a vacancy may be filled in cases of emergency or because of time limitations by a person who resides in another aldermanic district or ward within the municipality, and if a municipal clerk or deputy clerk fills the vacancy, the clerk or deputy, but not more than a total of 2 individuals in any municipality, may serve without regard to the clerk's or deputy's municipality county of residence, if the clerk or deputy meets the other qualifications.

AB225,28 Section 28. 7.41 (3) (intro.) and (a) of the statutes are amended to read:

AB225,28,9 7.41 (3) (intro.) The chief inspector or municipal clerk may order the removal of any individual exercising the right under sub. (1) if that individual commits an overt act which does any of the following:

AB225,28,11 (a) Disrupts the operation of the polling place, clerk's office, or alternate site under s. 6.855; or.

AB225,29 Section 29. 7.51 (2) (cm) of the statutes is created to read:

AB225,28,15 7.51 (2) (cm) The board of canvassers may review the validity of any ballot submitted with a statement under s. 6.79 (3) (c) 2. in the same manner as provided for challenged ballots under s. 6.95.

AB225,30 Section 30. 7.51 (3) (a) of the statutes is amended to read:

AB225,29,4 7.51 (3) (a) The inspectors shall place together all ballots counted by them which relate to any national, state or county office or any state, county or technical college district referendum and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots together with any ballots marked "Defective" shall then be secured by the inspectors chief inspector, and, if available, one other inspector whose party affiliation is different than the chief inspector's party affiliation, in the ballot container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The inspectors shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier envelope which is clearly marked "Section 6.97 ballots". The chief inspector and 2 other inspectors shall sign the carrier envelope. The carrier envelope shall not be placed in the ballot container. The inspectors shall then deliver the ballots to the municipal clerk in the ballot container and carrier envelope.

AB225,31 Section 31. 7.52 (8) of the statutes is amended to read:

AB225,29,16 7.52 (8) The board of absentee ballot canvassers shall make full and accurate return of the votes cast for each candidate and proposition on the tally sheet forms. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b), in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the board of absentee ballot canvassers shall seal in a carrier envelope outside the ballot bag or container one inspector's statement under sub. (4) (d), one tally sheet, and one poll list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda. The board of absentee ballot canvassers shall also similarly seal one statement, one tally sheet, and one poll list for delivery to the municipal clerk.

AB225,32 Section 32. 8.05 (3) (d) of the statutes is amended to read:

AB225,29,23 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular an election authorized under s. 8.065 (2) to be held in the town or at a special election called for the purpose. When a petition requesting adoption of the nonpartisan primary conforming to the requirements of s. 8.40 and signed by at least 20 electors of the town is filed with the town clerk as provided in s. 8.37, the question shall be submitted to a vote.

AB225,33 Section 33. 8.05 (3) (e) of the statutes is amended to read:

AB225,30,5 8.05 (3) (e) Petitions requesting a vote on the question at a regular town election shall be filed in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB225,34 Section 34. 8.06 of the statutes is amended to read:

AB225,30,11 8.06 Special elections may be called. Towns, cities, villages, and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an , and may include a call for a special referendum. A special election is called that includes a call for a special referendum, the election shall be noticed under s. 8.55.

AB225,35 Section 35. 8.065 of the statutes is created to read:

AB225,30,17 8.065 Scheduling of referendums. (1) In this section, "local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

AB225,30,21 (2) Unless otherwise required by law, a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may be held only concurrently with the spring primary, spring election, partisan primary, or general election or with a special election.

AB225,36 Section 36. 8.50 (intro.) of the statutes is amended to read:

AB225,31,12 8.50 Special elections. (intro.) Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor, and district attorney, judicial and legislative state offices, county, city, village, and town offices, and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State Congressional and state legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (bm) or (e). No special election may be held after February 1 preceding the spring election unless it is held on the same day as the spring election, nor after August 1 preceding the general election unless it is held on the same day as the general election, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the partisan primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.

AB225,37 Section 37. 8.50 (1) (a) of the statutes is amended to read:

AB225,32,14 8.50 (1) (a) When there is to be a special election ,: the county board of supervisors shall, except as provided in s. 17.21 (5), order the special election for county office shall be ordered by the county board of supervisors except as provided in s. 17.21 (5); the common council shall order the special election for city office shall be ordered by the common council; the board of trustees shall order the special election for village office shall be ordered by the board of trustees; the town board of supervisors shall order the special election for town office shall be ordered by the town board of supervisors; the school board shall order the special election for school board member in a school district organized under ch. 119 shall be ordered by the school board; the governing body of the municipality shall order 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 the governor shall order 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. 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.

AB225,38 Section 38. 8.50 (1) (c) of the statutes is amended to read:

AB225,32,23 8.50 (1) (c) The order and notice shall specify the office to be filled, the expiration date of the remaining term of office, the date of the election, the earliest date for circulating and deadline for filing nomination papers, the area involved in the election, the name of the incumbent before the vacancy occurred and a description of how the vacancy occurred, or for an election held under sub. (4) (bm) or (e), the name of the incumbent and a description of how and when the vacancy is expected to occur. Except as otherwise provided in this paragraph, the notice shall include the information specified in s. 10.01 (2) (a).

AB225,39 Section 39. 8.50 (2) (a) of the statutes is amended to read:

AB225,33,10 8.50 (2) (a) The date for the special election shall be not less earlier than 62 nor more than 77 days from the date of the order except when the special election is held to fill a vacancy in a national office or the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that the spring primary. If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 later than 92 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.

AB225,40 Section 40. 8.50 (4) (bm) of the statutes is created to read:

AB225,33,20 8.50 (4) (bm) Whenever a U.S. senator or representative in congress is elected to another office after the commencement of his or her term, and the term of the new office or the period during which the senator or representative is eligible to assume that office commences prior to the end of the senator's or representative's original term of office, the governor may call a special election to fill the seat of the senator or representative in anticipation of a vacancy, upon receipt of notice from the secretary of state that the secretary has received notice of the written resignation of that senator or representative under s. 17.02 (1) that is effective on a date not later than the date of the proposed special election.

AB225,41 Section 41. 8.50 (4) (f) 1. and 2. of the statutes are amended to read:

AB225,34,11 8.50 (4) (f) 1. Except as provided in subds. 2. and 3., a vacancy in the office of justice, court of appeals judge, or circuit judge occurring in any year after the date of the spring election and on or before December August 1 shall be filled, if in the office of circuit judge, at the succeeding spring election; if in the office of court of appeals judge, at the first succeeding spring election when no other court of appeals judge is to be elected from the same court of appeals district; or, if in the office of justice, at the first succeeding spring election when no other justice is to be elected. A vacancy in the office of justice, court of appeals judge, or circuit judge occurring after December August 1 and on or before the date of the succeeding spring election shall be filled, if in the office of circuit judge, at the 2nd succeeding spring election; if in the office of court of appeals judge, at the first spring election, beginning with the 2nd succeeding spring election, when no other court of appeals judge is to be elected from the same court of appeals district; or, if in the office of justice, at the first spring election, beginning with the 2nd succeeding spring election, when no other justice is to be elected.

AB225,34,17 2. If a vacancy in the office of justice, court of appeals judge, or circuit judge occurs after December August 1 and on or before the date of the succeeding spring election as the result of the resignation of the incumbent, if an election for that seat is scheduled to be held at the succeeding spring election and if the incumbent is not a candidate to succeed himself or herself, the vacancy shall be filled at the regularly scheduled election.

AB225,42 Section 42. 9.01 (1) (ag) 1m. of the statutes is amended to read:

AB225,35,2 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less fewer votes are cast or is more than 0.5% 0.5 percent but not more than 2% 2 percent if more than 1,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee of $5 $25 for each ward for which the petition requests a ballot recount, or $5 $25 for each municipality for which the petition requests a recount where no wards exist.

AB225,43 Section 43. 9.01 (1) (b) (intro.) of the statutes is amended to read:

AB225,35,12 9.01 (1) (b) (intro.) The proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition. The municipal clerk shall provide the board of canvassers with all ballots, registrations under s. 6.55 (2), and other voting materials relating to the election except information to which access is restricted under s. 6.36 (1) (b). The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. The recount shall proceed for each ward or municipality as follows:

AB225,44 Section 44. 9.01 (1) (b) 1. of the statutes is amended to read:

AB225,35,21 9.01 (1) (b) 1. The board of canvassers shall first compare the poll lists and determine the number of voting electors. In determining the number of voting electors, the board of canvassers shall hear and decide any objection to the validity of a voting elector's registration under s. 6.55 (2). If the board of canvassers determines that the registration of the voting elector is invalid, the board of canvassers shall reduce the number of voting electors accordingly. If an elector has voted in person at a polling place and is required to sign the poll list but does not do so, the elector shall not be considered a voting elector.

AB225,45 Section 45. 9.10 (2) (b) of the statutes is amended to read:

AB225,36,3 9.10 (2) (b) A recall petition for a city, village, town, town sanitary district, or school district office officer shall contain a statement of a reason for the recall which is related to the official responsibilities of indicating that the official for whom removal is sought has been charged with committing a crime, as defined under s. 939.12, violating s. 19.59 (1), or violating a local ordinance establishing a local code of ethics, as provided under s. 19.59 (1m).

AB225,46 Section 46. 9.10 (2) (d) of the statutes is amended to read: