AB388: Bill Text

AB388,18,18 5.05 (5s) (am) The commission shall provide to the joint committee on finance records obtained or prepared by the commission in connection with an ongoing investigation when required under sub. (2q).

AB388,38 Section 38. 5.05 (5s) (b) of the statutes is amended to read:

AB388,18,22 5.05 (5s) (b) Investigatory records of the board commission may be made public in the course of a prosecution initiated under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19.

AB388,39 Section 39. 5.05 (5s) (bm) of the statutes, as created by 2015 Wisconsin Act 2, is amended to read:

AB388,19,3 5.05 (5s) (bm) The board commission shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s. 13.94.

AB388,40 Section 40. 5.05 (5s) (d) of the statutes is amended to read:

AB388,19,11 5.05 (5s) (d) If the board commission commences a civil prosecution of a person for an alleged violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an investigation, the person who is the subject of the investigation may authorize the board commission to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the board commission shall then make those records available.

AB388,41 Section 41. 5.05 (5s) (f) 2. a. and b. of the statutes are consolidated, renumbered 5.05 (5s) (f) 2. a. and amended to read:

AB388,19,22 5.05 (5s) (f) 2. a. The board commission may make records obtained in connection with an informal advisory opinion under subd. 1. public with the consent of the individual requesting the informal advisory opinion or the organization or governmental body on whose behalf it is requested. b. A person who makes or purports to make public the substance of or any portion of an informal advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an informal advisory opinion and of any records obtained or prepared by the board commission in connection with the request for an informal advisory opinion.

AB388,42 Section 42. 5.05 (5s) (f) 2. c. of the statutes is amended to read:

AB388,20,3 5.05 (5s) (f) 2. c. The board commission shall make public formal and informal advisory opinions and records obtained in connection with requests for formal or informal advisory opinions relating to matters under the jurisdiction of the elections division commission, including the identity of individuals requesting such opinions or organizations or governmental bodies on whose behalf they are requested.

AB388,43 Section 43. 5.05 (5t) of the statutes is created to read:

AB388,20,10 5.05 (5t) Guidance following binding court decisions. Within 2 months following the publication of a decision of a state or federal court that is binding on the commission and this state, the commission shall issue updated guidance or formal advisory opinions, commence the rule-making procedure to revise administrative rules promulgated by the commission, or request an opinion from the attorney general on the applicability of the court decision.

AB388,44 Section 44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and amended to read:

AB388,21,4 5.05 (6a) (a) 1. Any individual, either personally or on behalf of an organization or governmental body, may make a written or electronic request of the board commission in writing, electronically, or by telephone for an a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become a party; and any. Any appointing officer, with the consent of a prospective appointee, may request of the board an commission a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective appointee is or may become a party. The board commission shall review a request for an advisory opinion and may issue a formal or informal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f) 2., the board's commission's deliberations and actions upon such requests shall be in meetings not open to the public. No person acting in good faith upon an advisory opinion issued by the board is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request A member of the commission may, by written request, require the commission to review an advisory opinion.

AB388,21,11 2. To have legal force and effect, each formal and informal advisory opinion issued by the board commission must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each formal and informal advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the board's commission's conclusion and why they are relevant.

AB388,21,17 (b) 1. The board commission may authorize its legal counsel the commission administrator or his or her designee to issue an informal written advisory opinion or to transmit an informal advisory opinion electronically on behalf of the board commission, subject to such limitations as the board commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the board. commission, statute or other law, and case law.

AB388,22,4 (a) 4. At each regular meeting of the commission, the administrator shall review informal advisory opinions requested of and issued by the administrator and that relate to recurring issues or issues of first impression for which no formal advisory opinion has been issued. The commission may determine to issue a formal advisory opinion adopting or modifying the informal advisory opinion. If the board commission disagrees with an a formal or informal advisory opinion that has been issued by or on behalf of the board commission, the board commission may withdraw the opinion or, issue a revised formal or informal advisory opinion and no, or request an opinion from the attorney general. No person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person's action is based has been withdrawn or revised in relevant degree.

AB388,22,8 (a) 5. Except as authorized or required under sub. (5s) (f) 2., no member or employee of the board commission may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion.

AB388,22,14 (c) 2. Any person receiving requesting a formal or informal advisory opinion under this subsection who disagrees with the opinion paragraph may request a public or private hearing before the board commission to discuss the opinion. The board commission shall grant a request for a public or private hearing under this subsection. After hearing the matter, the board may reconsider its opinion and may issue a revised opinion to the person. paragraph.

AB388,22,18 (c) 3. Promptly upon issuance of each formal advisory opinion that is not open to public access, the board commission shall publish a summary of the opinion that is consistent with applicable requirements together with the information specified under sub. (5s) (f) 2. c. on the commission's Internet site.

AB388,45 Section 45. 5.05 (6a) (a) 3. of the statutes is created to read:

AB388,22,23 5.05 (6a) (a) 3. No person acting in good faith upon a formal or informal advisory opinion issued by the commission under this subsection is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request.

AB388,46 Section 46. 5.05 (6a) (b) 2. of the statutes is created to read:

AB388,23,6 5.05 (6a) (b) 2. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission under this paragraph. The commission's designee shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.

AB388,47 Section 47. 5.05 (6a) (b) 3. of the statutes is created to read:

AB388,23,10 5.05 (6a) (b) 3. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission on the same matter.

AB388,48 Section 48. 5.05 (6a) (c) 1. of the statutes is created to read:

AB388,23,20 5.05 (6a) (c) 1. Any individual may request in writing, electronically, or by telephone a formal advisory opinion from the commission or the review or modification of a formal advisory opinion issued by the commission under this paragraph. The individual making the request shall include all pertinent facts relevant to the matter. The commission shall review a request for a formal advisory opinion and may issue a formal advisory opinion to the individual making the request. Except as authorized or required for opinions specified in sub. (5s) (f) 2., the commission's deliberations and actions upon such requests shall be in meetings not open to the public.

AB388,49 Section 49. 5.05 (6a) (c) 4. of the statutes is created to read:

AB388,23,24 5.05 (6a) (c) 4. If the commission declines to issue a formal advisory opinion, it may refer the matter to the attorney general or to the standing legislative oversight committees.

AB388,50 Section 50. 5.05 (9) of the statutes is amended to read:

AB388,24,6 5.05 (9) Standing. The board commission has standing to commence or intervene in any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or ensuring their proper administration. If the board delegates authority to its legal counsel under sub. (1) (e) to act in its stead, the legal counsel has standing to commence or intervene in such an action or proceeding.

AB388,51 Section 51. 5.05 (10) of the statutes is amended to read:

AB388,24,20 5.05 (10) State election administration plan. With the assistance of the election administration council and approval of the joint committee on finance as provided in this subsection, the board commission shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board commission shall adopt the plan and any modifications only after publishing a class 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the board commission, the board commission shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board commission may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.

AB388,52 Section 52. 5.05 (11) of the statutes is amended to read:

AB388,25,7 5.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.511 20.510 (1) (t) and (x), the board commission may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board commission shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board commission.

AB388,53 Section 53. 5.05 (16) of the statutes is created to read:

AB388,25,12 5.05 (16) Policies and procedures. (a) Annually, the commission shall adopt written policies and procedures in order to govern its internal operations and management and shall annually report such policies and procedures to the appropriate standing committees of the legislature under s. 13.172 (3).

AB388,25,17 (b) Notwithstanding par. (a), the commission may reconsider at any time any policy or procedure adopted as provided under par. (a). If, upon reconsideration, the commission revises a previously reported policy or procedure, the commission shall report the revision to the appropriate standing committees of the legislature under s. 13.172 (3).

AB388,25,21 (c) The commission may reconsider at any time any written directives or written guidance provided to the general public or to any person subject to the provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration of those provisions.

AB388,54 Section 54. 5.05 (17) of the statutes is created to read:

AB388,26,2 5.05 (17) Payments. The commission may accept payment by credit card, debit card, or other electronic payment mechanism for any amounts owed pursuant to the administration of chs. 5 to 10 or 12, and may charge a surcharge to the payer to recover charges associated with the acceptance of that electronic payment.

AB388,55 Section 55. 5.052 of the statutes is repealed.

AB388,56 Section 56. 5.054 of the statutes is repealed.

AB388,57 Section 57. 5.055 of the statutes is amended to read:

AB388,26,18 5.055 Election assistance commission standards board. The commission administrator of the elections division of the board shall, in consultation with the board commission, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The administrator shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The administrator shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the administrator shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

AB388,58 Section 58. 5.056 of the statutes is amended to read:

AB388,26,25 5.056 Matching program with secretary of transportation. The commission administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board commission under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.

AB388,59 Section 59. 5.07 of the statutes is amended to read:

AB388,27,8 5.07 Action to compel compliance. Whenever a violation of the laws regulating the conduct of elections or election campaigns, other than a violation of the laws regulating campaign financing, occurs or is proposed to occur, the attorney general or the district attorney of the county where the violation occurs or is proposed to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable relief as may be appropriate to compel compliance with the law. No bond is required in such actions.

AB388,60 Section 60. 5.08 of the statutes is amended to read:

AB388,27,23 5.08 Petition for enforcement. In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating the conduct of elections or election campaigns, other than a law regulating campaign financing, or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.

AB388,61 Section 61. 5.09 of the statutes is repealed.

AB388,62 Section 62. 5.40 (7) of the statutes is amended to read:

AB388,28,7 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the administrator of the elections division of the board commission in writing.

AB388,63 Section 63. 5.58 (2) of the statutes is amended to read:

AB388,28,21 5.58 (2) State superintendent of public instruction; judiciary; county executive; county comptroller; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17, and county supervisor, except as authorized in s. 5.655. In counties having a population of 750,000 or more, the ballot shall also include the office of comptroller and in counties having a population of 500,000 or more, the ballot shall also include those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge, and circuit court judge shall be determined by the board commission in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive, county comptroller, and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b).

AB388,64 Section 64. 5.58 (2m) of the statutes is amended to read:

AB388,29,3 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 200.09 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the board elections commission.

AB388,65 Section 65. 5.60 (1) (b) of the statutes is amended to read:

AB388,29,16 5.60 (1) (b) The board elections commission shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, and for circuit judge and, if commissioners are elected under s. 200.09 (11) (am), the for metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am). The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board elections commission shall be determined by the board elections commission by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board elections commission not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB388,66 Section 66. 5.62 (4) (b) of the statutes is amended to read:

AB388,29,22 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 750,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the government accountability board elections commission under s. 5.60 (1) (b).

AB388,67 Section 67. 5.68 (3m) of the statutes is repealed.

AB388,68 Section 68. 5.93 of the statutes is amended to read:

AB388,30,2 5.93 Administration. The board may commission shall promulgate reasonable rules for the administration of this subchapter.

AB388,69 Section 69. 6.26 (3) of the statutes is amended to read:

AB388,30,11 6.26 (3) The board commission shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners. The procedures shall be coordinated with training programs for special registration deputies conducted by municipal clerks under s. 7.315 and shall be formulated to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process.

AB388,70 Section 70. 6.275 (1) (f) of the statutes, as created by 2013 Wisconsin Act 148, is amended to read:

AB388,31,4 6.275 (1) (f) The total number of postcards sent by the municipal clerk or board of election commissioners under s. 6.56 (3), the total number of such postcards returned to the municipal clerk or board of election commissioners because the elector did not reside at the address given on the postcard, the total number of electors whose status was changed from eligible to ineligible on the registration list as a result of the audit under s. 6.56 (3), and the number of individuals referred to the district attorney under s. 6.56 (3). The municipal clerk or board of election commissioners shall provide the information described under this paragraph to the board elections commission and the county clerk or county board of election commissioners at the earliest practicable time after, but no later than 90 days after, each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election. The municipal clerk or board of election commissioners shall update the information described under this paragraph on a monthly basis and shall submit, on a monthly basis, any such updated information to the board elections commission and the county clerk or county board of election commissioners.

AB388,71 Section 71. 6.275 (2) of the statutes, as affected by 2013 Wisconsin Act 148, is amended to read:

AB388,31,10 6.275 (2) Upon receipt of each report filed under this section, the board commission shall, within 7 days of receiving the report, publish the information on its Internet site. The board commission shall update the information published under this subsection on a monthly basis.

AB388,72 Section 72. 6.33 (5) (a) of the statutes is amended to read:

AB388,32,2 6.33 (5) (a) Except as provided in par. (b) and this paragraph, whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration and whenever a municipal clerk changes a registration from eligible to ineligible status, the municipal clerk shall promptly enter electronically on the list maintained by the board commission under s. 6.36 (1) the information required under that subsection. Except as provided in par. (b) and this paragraph, the municipal clerk may update any entries that change on the date of an election other than a general election within 30 days after the date of that election, and may update any entries that change on the date of a general election within 45 days after the date of that election. The legal counsel of the board commission administrator may, upon request of a municipal clerk, permit the clerk to update entries that change on the date of a general election within 60 days after that election. The municipal clerk shall provide to the board commission information that is confidential under s. 6.47 (2) in such manner as the board commission prescribes.

AB388,73 Section 73. 6.36 (1) (b) 1. a. of the statutes is amended to read:

AB388,32,12 6.36 (1) (b) 1. a. Except as provided in pars. (bm) and (bn), no person other than an employee of the board commission, a county clerk, a deputy county clerk, an executive director of a county board of election commissioners, a deputy designated by the executive director, a municipal clerk, a deputy municipal clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, operator's license number, or social security account number of an elector, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

AB388,74 Section 74. 6.36 (1) (bm) of the statutes is amended to read:

AB388,32,17 6.36 (1) (bm) The board commission or any municipal clerk or board of election commissioners may transfer any information in the registration list to which access is restricted under par. (b) 1. a. to a law enforcement agency, as defined in s. 165.77 (1) (b), to be used for law enforcement purposes.

AB388,75 Section 75. 6.36 (2) (a) of the statutes is amended to read:

AB388,33,11 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 and the name of the entity or institution that issued the 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 commission 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 commission 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.

AB388,76 Section 76. 6.50 (2g) of the statutes is amended to read:

AB388,33,15 6.50 (2g) The board commission may delegate to a municipal clerk or board of election commissioners of a municipality the responsibility to change the registration status of electors when required under sub. (2).

AB388,77 Section 77. 6.50 (7) of the statutes is amended to read:

AB388,33,20 6.50 (7) When an elector's registration is changed from eligible to ineligible status, the board commission, municipal clerk, or board of election commissioners shall make an entry on the registration list, giving the date of and reason for the change.

AB388,78 Section 78. 6.56 (3) of the statutes is amended to read:

AB388,34,14 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board of election commissioners receives notice from the board elections commission under sub. (7) that the board elections commission will perform the audit. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk, board of election commissioners, or government accountability board elections commission if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk, board of election commissioners, or government accountability board elections commission is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk, board of election commissioners, or government accountability board elections commission shall change the status of the elector from eligible to ineligible on the registration list, mail the elector a notice of the change in status, and provide the name of the elector to the district attorney for the county where the polling place is located and the government accountability board elections commission.

AB388,79 Section 79. 6.95 of the statutes is amended to read:

AB388,35,10 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation "s. 6.95". If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.95" written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the board commission or the chairperson's designee. The decision of any board of canvassers or of the chairperson or chairperson's designee may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.