MES&JTK:jld:jm
2013 - 2014 LEGISLATURE
February 28, 2014 - Introduced by Senators Cowles, T. Cullen, Gudex, Hansen,
Lasee, Lehman, Miller, Moulton, Shilling, Vinehout and Wirch,
cosponsored by Representatives Bernier, Nerison, Strachota, Nygren,
Ballweg, A. Ott, Tauchen, Thiesfeldt, Petersen, Loudenbeck, Swearingen,
Wachs, Berceau, Bernard Schaber, Danou, Ringhand, Pridemore, Ripp,
Marklein, Billings, Jorgensen, Krug, Kleefisch, Bies, Kestell, Doyle,
Murphy, Tittl, Kulp, Brooks, Hesselbein, Ohnstad, Vruwink, Endsley,
Weatherston, T. Larson, Kolste, Kahl, Sargent, Tranel, Schraa, Jacque
and Jagler. Referred to Energy, Consumer Protection, and Government
Reform.
SB644,1,8 1An Act to repeal 59.23 (2) (j) and 59.23 (2) (k); to amend 5.62 (4) (b), 7.20 (1),
27.21 (2), 59.23 (1) (a), 59.23 (1) (b), 59.23 (1) (c), 59.23 (2) (a), 59.23 (2) (b), 59.23
3(2) (c), 59.23 (2) (e), 59.23 (2) (f), 59.23 (2) (h), 59.23 (2) (m) 2., 59.23 (2) (n), 59.23
4(2) (q), 59.23 (2) (r), 59.23 (2) (s) and 889.04; and to create 59.23 (2) (cm), 59.23
5(2) (de), 59.23 (2) (dg), 59.23 (2) (di), 59.23 (2) (i) and 59.23 (2) (nm) of the
6statutes; relating to: modifying the duties of a county clerk; the counties in
7which a board of election commissioners is required; and staffing of a board of
8election commissioners in populous counties.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the duties of a county clerk and specifies
some of the clerk's duties in the statute that lists the requirements of that office. The
bill does the following:
1. Specifies that full-time equivalent deputies of the clerk work exclusively in
the clerk's office and that deputies may be removed only by the clerk.
2. Specifies that the clerk may appoint as many assistants as the county board
authorizes. Currently, this provision applies only to counties with a population
exceeding 150,000.
3. Requires a county board to appoint an acting clerk within 90 days of the
board adopting a resolution finding that the clerk is incapable of discharging his or

her duties. Currently, the county board may appoint an acting clerk if the clerk is
incapable of discharging his or her duties.
4. Requires a clerk to create the agenda for board meetings, under the direction
of the county board chairperson or committee chairperson, and file in the clerk's
office copies of agendas and meetings of board and committee meetings.
5. Requires a clerk to keep records of board and committee proceedings, orders
for payments, receipts and disbursements of money, and reports of the treasurer
related to receipts and disbursements of the county, without specifying the form or
medium in which such records are kept. Currently, a clerk is required to keep such
records in a book.
6. Requires a clerk to notify a county commissioner of highways of the
commissioner's election within ten days of the election and notify town officers of the
levy and rate of tax for the county road and bridge fund. Currently, a clerk performed
such notifications only in counties with a population of less than 150,000.
Under current law, a clerk is required to transmit annually to the secretary of
state a typed or printed list showing the name and post-office address of certain
specified municipal officials. Under this bill, a clerk is required to transmit annually
to the secretary of state a list of the name, phone number, e-mail address, and
post-office address of these same municipal officials, other unspecified local officials,
and elective and appointive officials of any other local governmental unit that is
wholly or partly within the county. The bill also requires the clerk, secretary, or other
administrative officer of a local governmental unit to provide the county clerk any
information he or she needs to complete this requirement.
The bill also repeals a number of obsolete provisions of current law. The bill
repeals a requirement that a clerk transmit to the Department of Public Instruction
certified copies of certain resolutions relating to raising money for school purposes,
and repeals a requirement that a clerk transmit to the secretary of state a certified
copy of an ordinance enacted by a village or town that relates to a change of the
village's or town's name, the name of a newly organized town, or town boundary
changes that result from county board action.
Currently, in each county over 500,000 population, elections are administered
on the county level by a board of election commissioners instead of by the county
clerk. This bill provides that, in each county over 750,000 population, elections are
administered on the county level by a board of election commissioners instead of by
the county clerk.
Currently, counties, municipalities, and special purpose districts share
responsibility for administering elections in their jurisdictions. For purposes of
election administration, county clerks are responsible for county functions except
that, in counties having a population of more than 500,000 (Milwaukee County),
county election functions are delegated by law to a bipartisan board of election
commissioners. The board of election commissioners may hire an individual to serve
as its executive director, whose employment and removal is subject to civil service
standards. This bill provides that each county clerk is the chief election officer of the
county in which the clerk serves. The bill does not change the distribution of election
administration functions among governmental units. The bill also provides that, in

counties having a population of more than 750,000, the county clerk shall serve as
the executive director of the board of election commissioners. The change is effective
on the day on which the bill becomes law.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB644,1 1Section 1. 5.62 (4) (b) of the statutes is amended to read:
SB644,3,62 5.62 (4) (b) The county board of election commissioners in counties having a
3population of more than 500,000 750,000 shall prepare the official primary ballot.
4The commissioners shall arrange the names of all candidates for each office whose
5nomination papers are filed at the county level, using the same method as that used
6by the government accountability board under s. 5.60 (1) (b).
SB644,2 7Section 2. 7.20 (1) of the statutes is amended to read:
SB644,3,118 7.20 (1) A municipal board of election commissioners and a county board of
9election commissioners
shall be established in every city and county over 500,000
10population. A county board of election commissioners shall be established in every
11county over 750,000 population.
SB644,3 12Section 3. 7.21 (2) of the statutes is amended to read:
SB644,3,1913 7.21 (2) The county clerk shall serve as executive director of the county board
14of election commissioners may hire an executive director who. The clerk shall
15perform whatever duties the board of election commissioners assigns to him or her.
16The county board shall determine the salary of that executive director. Appointment
17and removal of that executive director shall be subject to civil service standards.
An
18executive director of the city board of election commissioners shall be appointed
19under s. 62.51.
SB644,4
1Section 4. 59.23 (1) (a) of the statutes is amended to read:
SB644,4,82 59.23 (1) (a) Every clerk shall appoint in writing one or more deputies and file
3the appointment in the clerk's office. The deputy or deputies shall aid in the
4performance of the duties of the clerk under the clerk's direction, and in case of the
5absence or disability of the clerk or of a vacancy in the clerk's office, unless another
6is appointed therefor as provided in par. (c), shall perform all of the duties of the clerk
7during the absence or until the vacancy is filled. The board may, at any meeting its
8annual meeting or at any special meeting
, provide a salary for the deputy or deputies.
SB644,5 9Section 5. 59.23 (1) (b) of the statutes is amended to read:
SB644,4,1310 59.23 (1) (b) In each county having a population exceeding 150,000 according
11to the last state or national census,
the clerk may also appoint the number of
12assistants that the board authorizes and prescribes, and the assistants shall receive
13salaries that the board provides and fixes.
SB644,6 14Section 6. 59.23 (1) (c) of the statutes is amended to read:
SB644,4,2415 59.23 (1) (c) If a clerk is incapable of discharging the duties of office the board
16may shall appoint an acting clerk , who shall within 90 days after the board adopts
17a resolution finding that the clerk is incapable of discharging the duties of the office.
18The acting clerk shall
serve until the disability is removed. If the board is not in
19session at the time of the incapacity, the chairperson of the board may appoint an
20acting clerk, whose term shall not extend beyond the next regular or special meeting
21of the board. A person appointed as acting clerk or appointed to fill a vacancy in the
22office of clerk, upon giving an official bond with sureties as required of a clerk, shall
23perform all of the duties of the office; and thereupon the powers and duties of the
24deputy of the last clerk shall cease.
SB644,7 25Section 7. 59.23 (2) (a) of the statutes is amended to read:
SB644,5,12
159.23 (2) (a) Board proceedings. Act as clerk of the board at all of the board's
2regular, special, limited term, and standing committee
meetings thereof; under the
3direction of the county board chairperson or committee chairperson, create the
4agenda for board meetings;
keep and record in a book therefor true minutes of all the
5proceedings of the board; in a format chosen by the clerk, including all committee
6meetings, either personally or through the clerk's appointee; file in the clerk's office
7copies of agendas and minutes of board meetings and committee meetings;
make
8regular entries of the board's resolutions and decisions upon all questions; record the
9vote of each supervisor on any question submitted to the board, if required by any
10member present; publish ordinances as provided in s. 59.14 (1); and perform all
11duties prescribed by law or required by the board in connection with its meetings and
12transactions.
SB644,8 13Section 8. 59.23 (2) (b) of the statutes is amended to read:
SB644,5,1514 59.23 (2) (b) Recording of proceedings. Record at length in a book therefor every
15resolution adopted, order passed and ordinance enacted by the board.
SB644,9 16Section 9. 59.23 (2) (c) of the statutes is amended to read:
SB644,6,217 59.23 (2) (c) Orders for payment. Sign all orders for the payment of money
18directed by the board to be issued, and keep in a book therefor a true and correct
19account thereof of such orders, and of the name of the person to whom each order is
20issued; but he or she shall not sign or issue any county order except upon a recorded
21vote or resolution of the board authorizing the same; and shall not sign or issue any
22such order for the payment of the services of any clerk of court, district attorney or
23sheriff until the person claiming the order files an affidavit stating that he or she has
24paid into the county treasury all moneys due the county and personally collected or
25received in an official capacity; and shall not sign or issue any order for the payment

1of money for any purpose in excess of the funds appropriated for such purpose unless
2first authorized by a resolution adopted by the county board under s. 65.90 (5).
SB644,10 3Section 10. 59.23 (2) (cm) of the statutes is created to read:
SB644,6,54 59.23 (2) (cm) Apportionment of taxes. Apportion taxes and carry out other
5responsibilities as specified in s. 70.63 (1).
SB644,11 6Section 11. 59.23 (2) (de) of the statutes is created to read:
SB644,6,87 59.23 (2) (de) Property. To the extent authorized by the board, exercise the
8authority under s. 59.52 (6).
SB644,12 9Section 12. 59.23 (2) (dg) of the statutes is created to read:
SB644,6,1110 59.23 (2) (dg) Dogs. Perform the responsibilities relating to dog licensing,
11which are assigned to the clerk under ch. 174, and the dog fund specified in ch. 174.
SB644,13 12Section 13. 59.23 (2) (di) of the statutes is created to read:
SB644,6,1513 59.23 (2) (di) Marriage licenses, domestic partnerships. Administer the
14program for issuing marriage licenses as provided in ch. 765 and the program for
15forming and terminating domestic partnerships as provided in ch. 770.
SB644,14 16Section 14. 59.23 (2) (e) of the statutes is amended to read:
SB644,6,1817 59.23 (2) (e) Reports of receipts and disbursements. Record in a book therefor
18the reports of the treasurer of the receipts and disbursements of the county.
SB644,15 19Section 15. 59.23 (2) (f) of the statutes is amended to read:
SB644,6,2520 59.23 (2) (f) Recording receipts and disbursements. Keep a true and accurate
21account in a book therefor of all money which comes into the clerk's hands by virtue
22of the clerk's office, specifying the date of every receipt or payment, the person from
23or to whom the receipt or payment was received or paid, and the purpose of each
24particular receipt or disbursement, and keep the book at all times open to the
25inspection of the county board or any member of the board.
SB644,16
1Section 16. 59.23 (2) (h) of the statutes is amended to read:
SB644,7,42 59.23 (2) (h) Books of account. Keep all of the accounts of the county and all
3books of account as in a manner that the board directs. Books of account shall be
4maintained on a calendar year basis, which shall be the fiscal year in every county.
SB644,17 5Section 17. 59.23 (2) (i) of the statutes is created to read:
SB644,7,96 59.23 (2) (i) Chief election officer, election duties. As the chief election officer
7of the county, perform all duties that are imposed on the clerk in relation to the
8preparation and distribution of ballots and the canvass and return of votes at
9general, judicial, and special elections.
SB644,18 10Section 18. 59.23 (2) (j) of the statutes is repealed.
SB644,19 11Section 19. 59.23 (2) (k) of the statutes is repealed.
SB644,20 12Section 20. 59.23 (2) (m) 2. of the statutes is amended to read:
SB644,7,1813 59.23 (2) (m) 2. Except as otherwise provided, receive and file the official oaths
14and bonds of all county officers and upon request shall certify under the clerk's
15signature and seal the official capacity and authority of any county officer so filing
16and charge therefor the statutory fee. Upon the commencement of each term every
17clerk shall file the clerk's signature and the impression of the clerk's official seal in
18the office of the secretary of state.
SB644,21 19Section 21. 59.23 (2) (n) of the statutes is amended to read:
SB644,7,2320 59.23 (2) (n) Taxes; election duties. Perform all duties that are imposed on the
21clerk in relation to the assessment and collection of taxes, and to the preparation and
22distribution of ballots and the canvass and return of votes at general, judicial and
23special elections
.
SB644,22 24Section 22. 59.23 (2) (nm) of the statutes is created to read:
SB644,8,2
159.23 (2) (nm) Timber harvest notices. Provide notice to a town chairperson
2regarding the harvesting of raw forest products, as described in s. 26.03 (1m) (a) 2.
SB644,23 3Section 23. 59.23 (2) (q) of the statutes is amended to read:
SB644,8,64 59.23 (2) (q) County highway commissioner; notify of election. Except in
5counties having a population of 150,000 or more, notify
Notify a county commissioner
6of highways of the commissioner's election within 10 days thereafter.
SB644,24 7Section 24. 59.23 (2) (r) of the statutes is amended to read:
SB644,8,108 59.23 (2) (r) County tax for road and bridge fund. Except in counties having
9a population of 150,000 or more, notify
Notify the proper town officers of the levy and
10rate of any tax for the county road and bridge fund.
SB644,25 11Section 25. 59.23 (2) (s) of the statutes is amended to read:
SB644,8,2212 59.23 (2) (s) List of municipal officers local officials. Annually, on the first
13Tuesday of June, transmit to the secretary of state a typewritten or printed list
14showing the name, phone number, electronic mail address, and post-office address
15of local officials, including the chairperson, mayor, president, clerk, treasurer,
16council and board members,
and assessor of each municipality, and of the elective or
17appointive officials of any other local governmental unit, as defined in s. 66.0135 (1)
18(c), that is located wholly or partly
within the county. Such lists shall be placed on
19file for the information of the public. The clerk, secretary, or other administrative
20officer of a local governmental unit, as defined in s. 66.0137 (1) (ae), shall provide the
21county clerk the information he or she needs to complete the requirements of this
22paragraph.
SB644,26 23Section 26. 889.04 of the statutes is amended to read:
SB644,9,7 24889.04 County and municipal ordinances. Matter entered or recorded in
25any ordinance or, record book, or other format authorized under ss. 59.23 (2) (b),

160.33 (1) and (2), 61.25 (3) and 62.09 (11) (c) or printed in any newspaper, book,
2pamphlet, or other form purporting to be so published, entered or recorded by any
3county, town, city or village in this state as a copy of its ordinance, bylaw, resolution
4or regulation, is prima facie evidence thereof; and after 3 years from the date of such
5publication, entry or recording such book or pamphlet shall be conclusive proof of the
6regularity of the adoption and publication of the ordinance, bylaw, resolution or
7regulation.
SB644,9,88 (End)
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