AB225: Bill Text

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:

AB225,36,20 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, town sanitary district, or school district officer, 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), and a copy of the criminal or civil complaint alleging the crime or violation. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

AB225,47 Section 47. 9.20 (4) of the statutes is renumbered 9.20 (4) (intro.) and amended to read:

AB225,36,24 9.20 (4) (intro.) The common council or village board shall, without alteration, either pass to the ordinance or resolution, do one of the following:

AB225,37,2 (a) Pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it.

AB225,37,6 (b) Submit the ordinance or resolution to the electors at the next spring or general election, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs.

AB225,37,12 (c) If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next succeeding election thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period authorized under s. 8.065 (2).

AB225,48 Section 48. 11.01 (11g) and (11r) of the statutes are created to read:

AB225,37,19 11.01 (11g) "Independent disbursement" means a disbursement to make a communication that expressly advocates the election or defeat of a clearly identified candidate, that is made without cooperation or consultation with a candidate, or any authorized committee or agent of a candidate, and that is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of a candidate.

AB225,37,22 (11r) "Independent disbursement committee" means a committee that makes no disbursements other than independent disbursements and disbursements made for the administrative support of the committee.

AB225,49 Section 49. 11.01 (16) (intro.) of the statutes is amended to read:

AB225,38,11 11.01 (16) (intro.) An act is for "political purposes" when it is done for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum, except as provided in par. (b). In the case of a candidate, or a committee or group which is organized primarily for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, or for the purpose of influencing a particular vote at a referendum, all administrative and overhead expenses for the maintenance of an office or staff which are used principally for any such purpose are deemed to be for a political purpose.

AB225,50 Section 50. 11.01 (16) (a) (intro.) of the statutes is amended to read:

AB225,38,14 11.01 (16) (a) (intro.) Acts which are for "political purposes" include but are not limited to:

AB225,51 Section 51. 11.01 (16) (a) 1. of the statutes is repealed and recreated to read:

AB225,38,19 11.01 (16) (a) 1. The making of a communication that contains one or more terms such as the following or their functional equivalents with reference to a clearly identified candidate that expressly advocates the election or defeat of that candidate and that unambiguously relates to the campaign of that candidate:

AB225,38,20 a. "Vote for."

AB225,38,21 b. "Elect."

AB225,38,22 c. "Support."

AB225,38,23 d. "Cast your ballot for."

AB225,38,24 e. "Smith for Assembly."

AB225,38,25 f. "Vote against."

AB225,39,1 g. "Defeat."

AB225,39,2 h. "Reject."

AB225,52 Section 52. 11.01 (16) (b) of the statutes renumbered 11.01 (16) (b) (intro.) and is amended to read:

AB225,39,5 11.01 (16) (b) (intro.) A "political purpose" does not include expenditures:

AB225,39,8 2. An expenditure made for the purpose of supporting or defending a person who is being investigated for, charged with or convicted of a criminal violation of state or federal law, or an agent or dependent of such a person.

AB225,53 Section 53. 11.01 (16) (b) 1. of the statutes is created to read:

AB225,39,14 11.01 (16) (b) 1. A communication made by an individual other than a candidate, or by an organization not organized exclusively for a purpose specified in sub. (16) (intro.) and the communication does not expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a question at a referendum.

AB225,54 Section 54. 11.05 (3) (c) of the statutes is amended to read:

AB225,39,20 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee, and a statement as to whether the committee is an independent disbursement committee.

AB225,55 Section 55. 11.05 (8) of the statutes is renumbered 11.05 (8) (intro.) and amended to read:

AB225,40,3 11.05 (8) Certain intra-registrant transfers exempt. (intro.) If an organization which that is not organized exclusively for political purposes makes a contribution from its own property or funds to a committee or group, affiliated with the organization, which is and organized exclusively for political purposes, and the all of the following apply, then no registration requirement applies to the contributing organization:

AB225,40,5 (a) The contributing organization receives no contribution from a single source in excess of $20 $100 in the aggregate during any calendar year, and it.

AB225,40,9 (b) The contributing organization makes no contributions or disbursements and incurs no obligations other than to make the transactions specified in this subsection, then no registration requirement applies to the contributing organization.

AB225,56 Section 56. 11.05 (11g) of the statutes is created to read:

AB225,40,16 11.05 (11g) Limited political activity exempt. (a) An individual other than a candidate, or a corporation, association, or other entity not organized exclusively for political purposes, that makes one or more independent disbursements is subject to a reporting requirement under this section only with respect to independent disbursements that the individual or entity makes and the contributions it receives specifically for the purpose of making independent disbursements.

AB225,40,21 (b) If a corporation, association, or other entity makes no contributions or disbursements other than to or on behalf of one or more independent disbursement committees and receives no contributions or other income for the express purpose of making independent disbursements, the corporation, association, or other entity is not subject to a registration requirement under this section.

AB225,57 Section 57. 11.06 (1) (intro.) of the statutes is amended to read:

AB225,41,4 11.06 (1) Contents of report. (intro.) Except as provided in subs. (1g), (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB225,58 Section 58. 11.06 (1) (j) of the statutes is amended to read:

AB225,41,10 11.06 (1) (j) In the case of a committee or individual filing an oath under sub. (7), a separate schedule showing for each independent disbursement which is made independently of a candidate, other than a contribution made to that candidate, the name of the candidate or candidates on in whose behalf or in opposition to whom the disbursement is made, indicating whether the purpose is support or opposition.

AB225,59 Section 59. 11.06 (1g) of the statutes is created to read:

AB225,41,17 11.06 (1g) Limited political activity exempt. An individual other than a candidate, or a corporation, association, or other entity not organized exclusively for political purposes, that makes one or more independent disbursements is subject to a reporting requirement under this section only with respect to independent disbursements that the individual or entity makes and the contributions it receives specifically for the purpose of making independent disbursements.

AB225,60 Section 60. 11.09 of the statutes is repealed.

AB225,61 Section 61. 11.12 (1) (d) of the statutes is amended to read:

AB225,41,21 11.12 (1) (d) Paragraph (a) does not apply to disbursements and obligations which are exempted from reporting under s. 11.06 (1g) or (2).

AB225,62 Section 62. 11.12 (3) of the statutes is amended to read:

AB225,42,4 11.12 (3) All contributions, disbursements and incurred obligations exceeding $10 $25 shall be recorded by the campaign or committee treasurer or the individual under s. 11.06 (7). He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of an election in which the registrant participates. If a report is submitted under s. 11.19 (1), the records may be transferred to a continuing committee or to the appropriate filing officer for retention. Records shall include the information required under s. 11.06 (1).

AB225,63 Section 63. 11.12 (4) of the statutes is amended to read:

AB225,42,9 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (1g), (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB225,64 Section 64. 11.16 (1) (d) of the statutes is amended to read:

AB225,42,12 11.16 (1) (d) This subsection does not apply to disbursements and obligations which are exempted from reporting under s. 11.06 (1g) or (2).