AB388-engrossed,81 4Section 81. 6.97 (1) of the statutes is amended to read:
AB388-engrossed,37,115 6.97 (1) Whenever any individual who is required to provide proof of residence
6under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
7cannot provide the required proof of residence, the inspectors shall offer the
8opportunity for the individual to vote under this section. Whenever any individual,
9other than a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as
10defined in s. 6.34 (1) (b), or an elector who has a confidential listing under s. 6.47 (2),
11appears to vote at a polling place and does not present proof of identification under
12s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
13offer the opportunity for the individual to vote under this section. If the individual
14wishes to vote, the inspectors shall provide the elector with an envelope marked
15"Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
16shall require the individual to execute on the envelope a written affirmation stating
17that the individual is a qualified elector of the ward or election district where he or
18she offers to vote and is eligible to vote in the election. The inspectors shall, before
19giving the elector a ballot, write on the back of the ballot the serial number of the
20individual corresponding to the number kept at the election on the poll list or other
21list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used
22in the municipality where the individual is voting, the individual's vote may be
23received only upon an absentee ballot furnished by the municipal clerk which shall
24have the corresponding number from the poll list or other list maintained under s.
256.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors

1before the ballot is given to the elector. When receiving the individual's ballot, the
2inspectors shall provide the individual with written voting information prescribed
3by the board commission under s. 7.08 (8). The inspectors shall indicate on the list
4the fact that the individual is required to provide proof of residence or proof of
5identification under s. 6.79 (2) but did not do so. The inspectors shall notify the
6individual that he or she may provide proof of residence or proof of identification to
7the municipal clerk or executive director of the municipal board of election
8commissioners. The inspectors shall also promptly notify the municipal clerk or
9executive director of the name, address, and serial number of the individual. The
10inspectors shall then place the ballot inside the envelope and place the envelope in
11a separate carrier envelope.
AB388-engrossed,82 12Section 82. 7.03 (1) (a) of the statutes is amended to read:
AB388-engrossed,37,2513 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
14compensation shall be paid to each inspector, voting machine custodian, automatic
15tabulating equipment technician, member of a board of canvassers, messenger, and
16tabulator who is employed and performing duties under chs. 5 to 12. Daily
17compensation shall also be provided to inspectors and inspector trainees for
18attendance at training programs conducted by the board commission and municipal
19clerks under ss. 7.31 and 7.315. Alternatively, such election officials and trainees
20may be paid by the hour at a proportionate rate for each hour actually worked. Any
21election official or trainee may choose to volunteer his or her services by filing with
22the municipal clerk of the municipality in which he or she serves a written
23declination to accept compensation. The volunteer status of the election official or
24trainee remains effective until the official or trainee files a written revocation with
25the municipal clerk.
AB388-engrossed,83
1Section 83. 7.03 (1) (b) of the statutes is amended to read:
AB388-engrossed,38,72 7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be
3paid by the municipality in which the election is held, except that any compensation
4payable to a technician, messenger, tabulator, or member of the board of canvassers
5who is employed to perform services for the county shall be paid by the county and
6compensation payable to any messenger or tabulator who is employed to perform
7services for the state shall be paid by the board commission.
AB388-engrossed,84 8Section 84. 7.03 (2) of the statutes is amended to read:
AB388-engrossed,38,159 7.03 (2) The amount of compensation of election officials, when authorized or
10required, shall be fixed by the appropriate county board of supervisors, municipal
11governing body, or municipal board of election commissioners in cities over 500,000
12population. The board commission shall fix the amount to be paid any person
13employed to perform duties for the state. If the board commission employs an
14individual to perform duties which are the responsibility of a county or municipality,
15the board commission shall charge the expense to the county or municipality.
AB388-engrossed,85 16Section 85. 7.08 (title) of the statutes is amended to read:
AB388-engrossed,38,17 177.08 (title) Government accountability board Elections commission.
AB388-engrossed,86 18Section 86. 7.08 (1) (a) of the statutes is amended to read:
AB388-engrossed,39,419 7.08 (1) (a) Prescribe all official ballot forms necessary under chs. 5 to 10 and
2012 and revise the official ballot forms to harmonize with legislation and the current
21official status of the political parties whenever necessary. The board commission
22shall include on each ballot form, in the space for official endorsement, markings or
23spaces for identifying a ballot as an overvoted ballot, a duplicate overvoted ballot, a
24damaged ballot, or a duplicate damaged ballot, and for writing an identifying serial
25number. The board commission shall provide one copy of each ballot form without

1charge to each county and municipal clerk and board of election commissioners. The
2board commission shall distribute or arrange for distribution of additional copies.
3The prescribed forms shall be substantially followed in all elections under chs. 5 to
410 and 12.
AB388-engrossed,87 5Section 87. 7.08 (4) of the statutes is amended to read:
AB388-engrossed,39,96 7.08 (4) Election laws. Publish the election laws. The board commission shall
7sell or distribute or arrange for the sale or distribution of copies of the election laws
8to county and municipal clerks and boards of election commissioners and members
9of the public.
AB388-engrossed,88 10Section 88. 7.15 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 148,
11is amended to read:
AB388-engrossed,39,1612 7.15 (1) (g) In the manner prescribed by the board commission, report
13suspected election frauds, irregularities, or violations of which the clerk has
14knowledge to the district attorney for the county where the suspected activity occurs
15and to the board commission. The board commission shall annually report the
16information obtained under this paragraph to the legislature under s. 13.172 (2).
AB388-engrossed,89 17Section 89. 7.41 (5) of the statutes is amended to read:
AB388-engrossed,39,2118 7.41 (5) The board may commission shall promulgate rules that are consistent
19with the requirements of sub. (2) regarding the proper conduct of individuals
20exercising the right under sub. (1), including the interaction of those individuals with
21inspectors and other election officials.
AB388-engrossed,90 22Section 90. 7.52 (1) (a) of the statutes is amended to read:
AB388-engrossed,40,1523 7.52 (1) (a) The governing body of any municipality may provide by ordinance
24that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
25municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,

1at each election held in the municipality, canvass all absentee ballots received by the
2municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
3subsection, the municipal clerk or board of election commissioners of the
4municipality shall notify the board elections commission in writing of the proposed
5enactment and shall consult with the board elections commission concerning
6administration of this section. At every election held in the municipality following
7enactment of an ordinance under this subsection, the board of absentee ballot
8canvassers shall, any time after the opening of the polls and before 10 p.m. on election
9day, publicly convene to count the absentee ballots for the municipality. The
10municipal clerk shall give at least 48 hours' notice of any meeting under this
11subsection. Any member of the public has the same right of access to a meeting of
12the municipal board of absentee ballot canvassers under this subsection that the
13individual would have under s. 7.41 to observe the proceedings at a polling place. The
14board of absentee ballot canvassers may order the removal of any individual
15exercising the right to observe the proceedings if the individual disrupts the meeting.
AB388-engrossed,91 16Section 91. 7.60 (4) (a) of the statutes is amended to read:
AB388-engrossed,41,1117 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
18showing the numbers of votes cast for the offices of president and vice president; state
19officials; U.S. senators and representatives in congress; state legislators; justice;
20court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
21commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
22municipal judge elected under s. 755.01 (4) serves a municipality that is located
23partially within the county and candidates for that judgeship file nomination papers
24in another county, the board of canvassers shall prepare a duplicate statement
25showing the numbers of votes cast for that judgeship in that county for transmittal

1to the other county. For partisan candidates, the statements shall include the
2political party or principle designation, if any, next to the name of each candidate.
3The board of canvassers shall also prepare a statement showing the results of any
4county, technical college district, or statewide referendum. Each statement shall
5state the total number of votes cast in the county for each office; the names of all
6persons for whom the votes were cast, as returned; the number of votes cast for each
7person; and the number of votes cast for and against any question submitted at a
8referendum. The board of canvassers shall use one copy of each duplicate statement
9to report to the government accountability board elections commission, technical
10college district board, or board of canvassers of any other county and shall file the
11other statement in the office of the county clerk or board of election commissioners.
AB388-engrossed,92 12Section 92. 7.60 (5) of the statutes is amended to read:
AB388-engrossed,42,613 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk
14shall deliver or transmit to the government accountability board elections
15commission
a certified copy of each statement of the county board of canvassers for
16president and vice president, state officials, senators and representatives in
17congress, state legislators, justice, court of appeals judge, circuit judge, district
18attorney, and metropolitan sewerage commissioners, if the commissioners are
19elected under s. 200.09 (11) (am). The statement shall record the returns for each
20office or referendum by ward, unless combined returns are authorized under s. 5.15
21(6) (b) in which case the statement shall record the returns for each group of
22combined wards. Following primaries the county clerk shall enclose on forms
23prescribed by the government accountability board elections commission the names,
24party or principle designation, if any, and number of votes received by each candidate
25recorded in the same manner. The county clerk shall deliver or transmit the certified

1statement to the government accountability board elections commission no later
2than 9 days after each primary except the partisan primary, no later than 10 days
3after the partisan primary and any other election except the general election, and no
4later than 14 days after the general election. The board of canvassers shall deliver
5or transmit a certified copy of each statement for any technical college district
6referendum to the secretary of the technical college district board.
AB388-engrossed,42,197 (b) If the board of canvassers becomes aware of a material mistake in the
8canvass of an election for state or national office or a statewide or technical college
9district referendum prior to the close of business on the day the government
10accountability board
elections commission receives returns from the last county
11board of canvassers with respect to that canvass, the board of canvassers may
12petition the government accountability board elections commission to reopen and
13correct the canvass. The government accountability board elections commission
14shall direct the canvass to be reopened and corrected if it determines that the public
15interest so requires. If the government accountability board elections commission
16directs the canvass to be reopened, the board of canvassers shall reconvene and
17transmit a certified corrected copy of the canvass statement to the government
18accountability board
elections commission or secretary of the technical college
19district board.
AB388-engrossed,93 20Section 93. 7.70 (3) (b) of the statutes is amended to read:
AB388-engrossed,43,621 7.70 (3) (b) The commission chairperson of the board or the chairperson's
22designee shall examine the certified statements of the county boards of canvassers.
23If it appears that any material mistake has been made in the computation of votes,
24or any county board of canvassers failed to canvass the votes or omitted votes from
25any ward or election district in the county, the commission chairperson of the board

1or the chairperson's designee may dispatch a messenger to the county clerk with
2written instructions to certify the facts concerning the mistake or the reason why the
3votes were not canvassed. A clerk to whom such instructions are delivered shall
4immediately make a true and full answer, sign it, affix the county seal and deliver
5it to the messenger. The messenger shall deliver it with all possible dispatch to the
6board commission.
AB388-engrossed,94 7Section 94. 7.70 (3) (i) of the statutes is amended to read:
AB388-engrossed,43,188 7.70 (3) (i) The commission chairperson of the board or the chairperson's
9designee shall canvass only regular returns made by the county board of canvassers
10and shall not count or canvass any additional or supplemental returns or statements
11made by the county board or any other board or person. The commission chairperson
12of the board or the chairperson's designee shall not count or canvass any statement
13or return which has been made by the county board of canvassers at any other time
14than that provided in s. 7.60. This provision does not apply to any return made
15subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior
16return from the same county for the same office; or to a statement given to the
17commission chairperson of the board or chairperson's designee or a messenger sent
18by the chairperson or designee to obtain a correction.
AB388-engrossed,95 19Section 95. 7.70 (5) (a) of the statutes is amended to read:
AB388-engrossed,44,1220 7.70 (5) (a) The board commission shall record in its office each certified
21statement and determination made by the commission chairperson of the board or
22the chairperson's designee. Immediately after the expiration of the time allowed to
23file a petition for recount, the board commission shall make and transmit to each
24person declared elected a certificate of election under the seal of the board
25commission. It shall also prepare similar certificates, attested by the commission

1administrator of the elections division of the board, addressed to the U.S. house of
2representatives, stating the names of those persons elected as representatives to the
3congress from this state. In the case of U.S. senators, the board commission shall
4prepare a certificate of election for the governor's signature, and the governor shall
5sign and affix the great seal of the state and transmit the certificate to the president
6of the U.S. senate. The certificate shall be countersigned by the secretary of state.
7If a person elected was elected to fill a vacancy, the certificate shall so state indicate.
8When a valid petition for recount is filed, the commission chairperson of the board
9or the chairperson's designee may not certify a nomination, and the governor or
10board commission may not issue a certificate of election until the recount has been
11completed and the time allowed for filing an appeal has passed, or if appealed until
12the appeal is decided.
AB388-engrossed,96 13Section 96. 8.05 (1) (j) 3. of the statutes is amended to read:
AB388-engrossed,44,2014 8.05 (1) (j) 3. A candidate for municipal judge shall, in addition to making the
15filings required under subd. 2., file a statement of economic interests with the board
16ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after
17notification of nomination is mailed or personally delivered to the candidate, or no
18later than 4:30 p.m. on the next business day after the last day for filing a declaration
19of candidacy whenever that candidate is granted an extension of time for filing a
20declaration of candidacy under subd. 2.
AB388-engrossed,97 21Section 97. 8.10 (5) of the statutes is amended to read:
AB388-engrossed,45,522 8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy
23under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 at
24the time he or she files nomination papers, the candidate shall file the statement
25with the papers. A candidate for state office or municipal judge shall also file a

1statement of economic interests with the board ethics commission under s. 19.43 (4)
2no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
3papers under sub. (2) (a), or no later than 4:30 p.m. on the next business day after
4the last day whenever that candidate is granted an extension of time for filing
5nomination papers under sub. (2) (a).
AB388-engrossed,98 6Section 98. 8.10 (6) (a) of the statutes is amended to read:
AB388-engrossed,45,97 8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission,
8if the commissioners are elected under s. 200.09 (11) (am), in the office of the board
9elections commission.
AB388-engrossed,99 10Section 99. 8.15 (4) (b) of the statutes is amended to read:
AB388-engrossed,45,1911 8.15 (4) (b) Nomination papers shall be accompanied by a declaration of
12candidacy under s. 8.21. If a candidate for state or local office has not filed a
13registration statement under s. 11.05 at the time he or she files nomination papers,
14the candidate shall file the statement with the papers. A candidate for state office
15shall also file a statement of economic interests with the board ethics commission
16under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for
17filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next
18business day after the last day whenever that candidate is granted an extension of
19time for filing nomination papers under sub. (1).
AB388-engrossed,100 20Section 100. 8.17 (9) (a) of the statutes is amended to read:
AB388-engrossed,46,221 8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents
22of that county may voluntarily form a committee, which, upon approval of the state
23committee and certification by the secretary of the state committee to the board
24commission and the county clerk or board of election commissioners, shall then
25become the county committee with equal standing as if it had been organized under

1sub. (5) (a). This standing shall remain unless and until a committee is organized
2under sub. (5) (a).
AB388-engrossed,101 3Section 101. 8.20 (6) of the statutes is amended to read:
AB388-engrossed,46,124 8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy
5under s. 8.21. If a candidate for state or local office has not filed a registration
6statement under s. 11.05 at the time he or she files nomination papers, the candidate
7shall file the statement with the papers. A candidate for state office shall also file
8a statement of economic interests with the board ethics commission under s. 19.43
9(4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination
10papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after
11the last day whenever that candidate is granted an extension of time for filing
12nomination papers under sub. (8) (a).
AB388-engrossed,102 13Section 102. 8.20 (7) of the statutes is amended to read:
AB388-engrossed,46,1614 8.20 (7) Nomination papers shall be filed in the office of the board commission
15for all state offices and the offices of U.S. senator and representative in congress, and
16in the office of county clerk or board of election commissioners for all county offices.
AB388-engrossed,103 17Section 103. 8.30 (2m) of the statutes is amended to read:
AB388-engrossed,46,2118 8.30 (2m) The official or agency with whom nomination papers and
19declarations of candidacy are required to be filed shall not place a candidate's name
20on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05
21(2m) (d) 2. or 15.60 (6), 15.61 (3), or 19.49 (2) (c) 2.
AB388-engrossed,104 22Section 104. 8.50 (1) (a) of the statutes is amended to read:
AB388-engrossed,47,2023 8.50 (1) (a) When there is to be a special election, the special election for county
24office shall be ordered by the county board of supervisors except as provided in s.
2517.21 (5); the special election for city office shall be ordered by the common council;

1the special election for village office shall be ordered by the board of trustees; the
2special election for town office shall be ordered by the town board of supervisors; the
3special election for school board member in a school district organized under ch. 119
4shall be ordered by the school board; the special election for municipal judge shall
5be ordered by the governing body of the municipality, except in 1st class cities, or if
6the judge is elected under s. 755.01 (4) jointly by the governing bodies of all
7municipalities served by the judge; and all other special elections shall be ordered
8by the governor. When the governor or attorney general issues the order, it shall be
9filed and recorded in the office of the board commission. When the county board of
10supervisors issues the order, it shall be filed and recorded in the office of the county
11clerk. When the county executive issues the order, it shall be filed in the office of the
12county board of election commissioners. When the common council issues the order,
13it shall be filed in the office of the city clerk. When the board of trustees issues the
14order, it shall be filed in the office of the village clerk. When the town board of
15supervisors issues the order, it shall be filed in the office of the town clerk. When the
16school board of a school district organized under ch. 119 issues the order, it shall be
17filed and recorded in the office of the city board of election commissioners. If a
18municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of
19the county clerk or board of election commissioners of the county having the largest
20portion of the population of the jurisdiction served by the judge.
AB388-engrossed,105 21Section 105. 8.50 (3) (a) of the statutes is amended to read:
AB388-engrossed,48,1222 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the
23order for the special election is filed and shall be filed not later than 5 p.m. 28 days
24before the day that the special primary will or would be held, if required, except when
25a special election is held concurrently with the spring election or general election, the

1deadline for filing nomination papers shall be specified in the order and the date shall
2be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no
3later than 35 days prior to the date of the spring primary or no later than June 1
4preceding the partisan primary. Nomination papers may be filed in the manner
5specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy
6in the manner provided in s. 8.21 no later than the latest time provided in the order
7for filing nomination papers. If a candidate for state or local office has not filed a
8registration statement under s. 11.05 at the time he or she files nomination papers,
9the candidate shall file the statement with the papers. A candidate for state office
10shall also file a statement of economic interests with the board ethics commission no
11later than the end of the 3rd day following the last day for filing nomination papers
12specified in the order.
AB388-engrossed,106 13Section 106. 8.50 (3) (e) of the statutes is amended to read:
AB388-engrossed,48,1714 8.50 (3) (e) In a special election for a state or national office, the county clerk
15or board of election commissioners shall transmit the statement of the county board
16of canvassers to the government accountability board elections commission no later
17than 7 days after the special primary and 13 days after the special election.
AB388-engrossed,107 18Section 107. 9.01 (1) (a) 1. of the statutes is amended to read:
AB388-engrossed,49,1319 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted
20upon any referendum question at any election may petition for a recount. The
21petitioner shall file a verified petition or petitions with the proper clerk or body under
22par. (ar) not earlier than the time of completion of the canvass following canvassing
23of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and,
24except as provided in this subdivision, not later than 5 p.m. on the 3rd business day
25following the last meeting day of the municipal or county board of canvassers

1determining the election for that office or on that referendum question following
2canvassing of all valid provisional and absentee ballots or, if more than one board of
3canvassers makes the determination, not later than 5 p.m. on the 3rd business day
4following the last meeting day of the last board of canvassers which makes a
5determination following canvassing of all valid provisional and absentee ballots. If
6the commission chairperson of the board or chairperson's designee makes the
7determination for the office or the referendum question, the petitioner shall file the
8petition not earlier than the last meeting day of the last county board of canvassers
9to make a statement in the election or referendum following canvassing of all valid
10provisional and absentee ballots and not later than 5 p.m. on the 3rd business day
11following the day on which the government accountability board commission
12receives the last statement from a county board of canvassers for the election or
13referendum following canvassing of all valid provisional and absentee ballots.
AB388-engrossed,108 14Section 108. 9.01 (1) (a) 4. of the statutes is amended to read:
AB388-engrossed,49,2115 9.01 (1) (a) 4. The petition under subd. 1. may be amended to include
16information discovered as a result of the investigation of the board of canvassers or
17the commission chairperson of the board, or chairperson's designee, after the filing
18of the petition if the petitioner moves to amend the petition as soon as possible after
19the petitioner discovers, or reasonably should have discovered, the information that
20is the subject of the amendment and if the petitioner was unable to include the
21information in the original petition.
AB388-engrossed,109 22Section 109. 9.01 (1) (ag) 4. of the statutes is amended to read:
AB388-engrossed,50,323 9.01 (1) (ag) 4. The board commission shall deposit all moneys received by it
24into the account under s. 20.511 20.510 (1) (g), and shall pay the fees required for each
25recount to the county clerks of the counties in which the recount is to be held. The

1county clerk shall deposit fees received by him or her with the county treasurer. The
2municipal clerk shall deposit fees received by him or her with the municipal
3treasurer.
AB388-engrossed,110 4Section 110. 9.01 (1) (ar) 3. of the statutes is amended to read:
AB388-engrossed,50,215 9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
6under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
7Whenever the board commission receives a valid petition and any payment under
8par. (ag) 3., the board commission shall promptly by certified mail or other
9expeditious means order the proper county boards of canvassers to commence the
10recount. County boards of canvassers shall convene no later than 9 a.m. on the
11second day after receipt of an order and may adjourn for not more than one day at
12a time until the recount is completed in the county, except that the board commission
13may permit extension of the time for adjournment. Returns from a recount ordered
14by the board commission shall be transmitted to the office of the board commission
15as soon as possible, but in no case later than 13 days from the date of the order of the
16board commission directing the recount. The commission chairperson of the board
17or the chairperson's designee may not make a determination in any election if a
18recount is pending before any county board of canvassers in that election. The
19commission chairperson of the board or the chairperson's designee need not recount
20actual ballots, but shall verify the returns of the county boards of canvassers in
21making his or her determinations.
AB388-engrossed,111 22Section 111. 9.01 (5) (a) of the statutes is amended to read:
AB388-engrossed,51,1123 9.01 (5) (a) The board of canvassers or the commission chairperson of the board
24or the chairperson's designee shall keep complete minutes of all proceedings before
25the board of canvassers or the chairperson or designee. The minutes shall include

1a record of objections and offers of evidence. If the board of canvassers or the
2commission chairperson or the chairperson's designee receives exhibits from any
3party, the board of canvassers or the chairperson or designee shall number and
4preserve the exhibits. The board of canvassers or the chairperson or chairperson's
5designee shall make specific findings of fact with respect to any irregularity raised
6in the petition or discovered during the recount. Any member of the board of
7canvassers or the chairperson or chairperson's designee may administer oaths,
8certify official acts, and issue subpoenas for purposes of this section. Witness fees
9shall be paid by the county. In the case of proceedings before the commission
10chairperson of the board or chairperson's designee, witness fees shall be paid by the
11board commission.
AB388-engrossed,112 12Section 112. 9.01 (5) (bm) of the statutes is amended to read:
AB388-engrossed,51,2413 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers
14shall deliver to the board commission one copy of the minutes of the proceedings kept
15under par. (a). In addition, in the case of a recount of an election for state or national
16office, for each candidate whose name appears on the ballot for that office under the
17name of a political party, the board of canvassers shall deliver one copy of the minutes
18to the chief officer, if any, who is named in any registration statement filed under s.
1911.05 (1) by the state committee of that political party, and in the case of a recount
20of an election for county office, for each candidate whose name appears on the ballot
21for that office under the name of a political party, the board of canvassers shall
22deliver one copy of the minutes to the chief officer, if any, who is named in any
23registration statement filed under s. 11.05 (1) by the county committee of that
24political party.
AB388-engrossed,113 25Section 113. 9.01 (5) (c) of the statutes is amended to read:
AB388-engrossed,52,14
19.01 (5) (c) If the recount is made by a municipal or county board of canvassers
2and the result is required to be reported to a county board of canvassers or to the
3commission chairperson of the board or the chairperson's designee, the board of
4canvassers making the initial recount shall immediately certify the results to the
5county board of canvassers or to the commission chairperson of the board or designee.
6If a county board of canvassers receives such results, it shall then convene not later
7than 9 a.m. on the next business day following receipt to examine the returns and
8determine the results. If the commission chairperson of the board or the
9chairperson's designee receives such results, the chairperson or designee shall
10publicly examine the returns and determine the results not later than 9 a.m. on the
113rd business day following receipt, but if that day is earlier than the latest day
12permitted for that election under s. 7.70 (3) (a), the commission chairperson of the
13board
or designee may examine the returns and determine the results not later than
14the day specified in s. 7.70 (3) (a).
AB388-engrossed,114 15Section 114. 9.01 (6) (a) of the statutes is amended to read:
AB388-engrossed,53,616 9.01 (6) (a) Within 5 business days after completion of the recount
17determination by the board of canvassers in all counties concerned, or within 5
18business days after completion of the recount determination by the commission
19chairperson of the board or the chairperson's designee whenever a determination is
20made by the chairperson or designee, any candidate, or any elector when for a
21referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
22commence by serving a written notice of appeal on the other candidates and persons
23who filed a written notice of appearance before each board of canvassers whose
24decision is appealed, or in the case of a statewide recount, before the commission
25chairperson of the board or the chairperson's designee. The appellant shall also serve

1notice on the board commission if the commission chairperson of the board or the
2chairperson's designee is responsible for determining the election. The appellant
3shall serve the notice by certified mail or in person. The appellant shall file the notice
4with the clerk of circuit court together with an undertaking and surety in the amount
5approved by the court, conditioned upon the payment of all costs taxed against the
6appellant.
AB388-engrossed,115 7Section 115. 9.01 (7) (a) of the statutes is amended to read:
AB388-engrossed,53,148 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
9order directing each affected county or, municipal clerk, or board, and the
10commission,
to transmit immediately all ballots, papers and records affecting the
11appeal to the clerk of court or to impound and secure such ballots, papers and records,
12or both. The order shall be served upon each affected county or, municipal clerk, or
13board, the commission, and all other candidates and persons who filed a written
14notice of appearance before any board of canvassers involved in the recount.
AB388-engrossed,116 15Section 116. 9.01 (8) (a) of the statutes is amended to read:
AB388-engrossed,53,1816 9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the
17determination of the board of canvassers or the commission chairperson of the board
18or chairperson's designee, it shall affirm the determination.
AB388-engrossed,117 19Section 117. 9.01 (8) (c) of the statutes is amended to read:
AB388-engrossed,54,620 9.01 (8) (c) The court may not receive evidence not offered to the board of
21canvassers or the commission chairperson or the chairperson's designee except for
22evidence that was unavailable to a party exercising due diligence at the time of the
23recount or newly discovered evidence that could not with due diligence have been
24obtained during the recount, and except that the court may receive evidence not
25offered at an earlier time because a party was not represented by counsel in all or part

1of a recount proceeding. A party who fails to object or fails to offer evidence of a defect
2or irregularity during the recount waives the right to object or offer evidence before
3the court except in the case of evidence that was unavailable to a party exercising due
4diligence at the time of the recount or newly discovered evidence that could not with
5due diligence have been obtained during the recount or evidence received by the
6court due to unavailability of counsel during the recount.
AB388-engrossed,118 7Section 118. 9.01 (8) (d) of the statutes is amended to read:
AB388-engrossed,54,178 9.01 (8) (d) The court shall set aside or modify the determination of the board
9of canvassers or the commission chairperson of the board or the chairperson's
10designee if it finds that the board of canvassers or the chairperson or chairperson's
11designee has erroneously interpreted a provision of law and a correct interpretation
12compels a particular action. If the determination depends on any fact found by the
13board of canvassers or the commission chairperson or the chairperson's designee, the
14court may not substitute its judgment for that of the board of canvassers or the
15chairperson or designee as to the weight of the evidence on any disputed finding of
16fact. The court shall set aside the determination if it finds that the determination
17depends on any finding of fact that is not supported by substantial evidence.
AB388-engrossed,119 18Section 119. 9.01 (10) of the statutes is amended to read:
AB388-engrossed,54,2519 9.01 (10) Standard forms and methods. The government accountability board
20commission shall prescribe standard forms and procedures for the making of
21recounts under this section. The procedures prescribed by the government
22accountability board
commission shall require the boards of canvassers in recounts
23involving more than one board of canvassers to consult with the government
24accountability board
commission staff prior to beginning any recount in order to
25ensure that uniform procedures are used, to the extent practicable, in such recounts.
AB388-engrossed,120
1Section 120. 10.06 (1) (title) of the statutes is amended to read:
AB388-engrossed,55,22 10.06 (1) (title) Government accountability board Elections commission.
AB388-engrossed,121 3Section 121. 11.01 (4m) of the statutes is created to read:
AB388-engrossed,55,44 11.01 (4m) "Commission" means the ethics commission.
AB388-engrossed,122 5Section 122. 11.09 of the statutes is amended to read:
AB388-engrossed,55,16 611.09 Duplicate reports required in certain cases. (3) Each registrant
7whose filing officer is the board commission, who or which makes disbursements in
8connection with elections for offices which serve or referenda which affect only one
9county or portion thereof, except a candidate, personal campaign committee,
10political party committee or other committee making disbursements in support of or
11in opposition to a candidate for state senator, representative to the assembly, court
12of appeals judge or circuit judge, shall file a duplicate original of each financial report
13filed with the board commission with the county clerk or board of election
14commissioners of the county in which the elections in which the registrant
15participates are held. Such reports shall be filed no later than the dates specified
16under s. 11.20 (2) and (4) for the filing of each report with the board commission.
AB388-engrossed,55,20 17(4) In every case where a duplicate report is filed by the board commission or
18by any person under sub. (3), the board commission shall transmit a certified
19duplicate copy of the registration statement to each county clerk or board of election
20commissioners with whom a duplicate report is filed.
AB388-engrossed,123 21Section 123. 11.21 (title) of the statutes is amended to read:
AB388-engrossed,55,23 2211.21 (title) Duties of the government accountability board ethics
23commission
.
AB388-engrossed,124 24Section 124. 11.21 (7) (intro.) of the statutes is amended to read:
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