5.02(13)
(13) "Political party" or "party" means a state committee registered under
s. 11.05 organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of
ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under
s. 11.06 (7).
5.02(14)
(14) "Poll list" means the list which is compiled by election officials on election day showing the names and addresses of electors who actually cast votes in an election.
5.02(15)
(15) "Polling place" means the actual location wherein the elector's vote is cast.
5.02(16)
(16) "Primary" means a primary election.
5.02(16g)
(16g) "Qualified circulator" means a qualified elector of this state or any U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under
s. 6.03.
5.02(16m)
(16m) "Recognized political party" means a political party which qualifies for a separate ballot or column under
s. 5.62 (1) (b) or
(2).
5.02(16s)
(16s) "Referendum" means an election at which an advisory, validating or ratifying question is submitted to the electorate.
5.02(17)
(17) "Registration list" means the list of electors who are properly registered to vote.
5.02(18)
(18) "September primary" means the primary held the 2nd Tuesday in September to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign fund.
5.02(19)
(19) "Special election" means any election, other than those described in
subs. (5),
(18),
(21) and
(22), to fill vacancies or to conduct a referendum.
5.02(20)
(20) "Special primary" means the primary held 4 weeks before the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.
5.02(20g)
(20g) "Special purpose district" means any local governmental unit other than a county or municipality.
5.02(20r)
(20r) "Special referendum" means any referendum held at a special election which is not held concurrently with the elections described in
sub. (5),
(18),
(21) or
(22).
5.02(21)
(21) "Spring election" means the election held on the first Tuesday in April to elect judicial, educational and municipal officers, nonpartisan county officers and sewerage commissioners.
5.02(22)
(22) "Spring primary" means the primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.
5.02(23)
(23) "State office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, court of appeals judge, circuit court judge, state senator, state representative to the assembly and district attorney.
5.02(24)
(24) "State superintendent" means the state superintendent of public instruction.
5.02(24g)
(24g) "Voting device" means an apparatus other than a voting machine which the elector uses to record his or her votes on a ballot.
5.02(24r)
(24r) "Voting machine" means a machine which serves in lieu of a voting booth and which mechanically or electronically records the votes cast by electors, who depress levers or buttons located next to the choices listed on a ballot to cast their votes.
5.02(24w)(a)
(a) The total combination of mechanical, electromechanical, or electronic equipment, including the software, hardware, and documentation required to program, control, and support the equipment, that is used to define ballots, to cast and count votes, to report or display election results, and to maintain and produce any audit trail information.
5.02(24w)(b)
(b) The practices and associated documentation for any of the following purposes:
5.02(24w)(b)1.
1. To identify equipment components and versions of such components.
5.02(24w)(b)2.
2. To test the equipment during its development and maintenance.
5.02(24w)(b)3.
3. To maintain records of equipment errors and defects.
5.02(24w)(b)4.
4. To determine specific equipment changes to be made after the initial qualification of the equipment.
5.02(25)
(25) "Ward" means a town, village or city subdivision created for the convenience of the electors therein and to facilitate the division of such municipalities into election districts of substantially equal population numbers along common boundaries observing the community of interest of existing neighborhoods and other settlements.
5.02 History
History: 1971 c. 211;
1971 c. 304 ss.
2,
29 (2);
1973 c. 280,
334;
1975 c. 93;
1977 c. 107,
187,
394;
1977 c. 427 ss.
3 to
14;
1977 c. 449;
1979 c. 32,
89,
221;
1979 c. 260 ss.
1m,
73 to
75;
1979 c. 311,
328;
1981 c. 4,
391;
1983 a. 484 ss.
5,
5c,
124m,
128;
1985 a. 303;
1985 a. 304 ss.
1m,
2,
155;
1987 a. 391 ss.
1 to
1r,
66w;
1989 a. 31;
1991 a. 5;
1993 a. 140,
184;
1995 a. 16 s.
2;
1995 a. 27 s.
9145 (1);
1995 a. 219;
1997 a. 35;
2001 a. 16,
109;
2003 a. 24,
265;
2005 a. 177,
451.
5.05
5.05
Elections board; powers and duties. 5.05(1)
(1)
General authority. The elections board shall have the responsibility for the administration of
chs. 5 to
12 and other laws relating to elections and election campaigns. Pursuant to such responsibility, the board may:
5.05(1)(a)
(a) Employ an executive director outside the classified service and employ legal counsel. The executive director shall serve as the chief election officer for this state.
5.05(1)(b)
(b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution as defined in
s. 705.01 (3) doing business in the state to obtain evidence of any violation of
ch. 11 upon showing by the board of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its duties, the board may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.
5.05(1)(c)
(c) Bring civil actions to require forfeitures for any violation of
ch. 11 under
s. 11.60. Forfeiture actions brought by the board may concern only violations with respect to reports or statements required by law to be filed with it, and other violations arising under elections for state office or statewide referenda. The board may compromise and settle any civil action or potential action brought or authorized to be brought by it under
ch. 11 which, in the opinion of the board, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding
s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the board shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county wherein the violation is alleged to occur.
5.05(1)(d)
(d) Sue for injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable relief as may be appropriate to enforce any law regulating the conduct of elections or election campaigns or ensure its proper administration. No bond is required in such actions. Actions shall be brought in circuit court for the county where a violation occurs or may occur.
5.05(1)(e)
(e) Delegate to its executive director the authority to issue a subpoena under
par. (b), apply for a search warrant under
par. (b), commence an action under
par. (d), intervene in an action or proceeding under
sub. (9), issue an order under
s. 5.06, exempt a polling place from accessibility requirements under
s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under
s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under
s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under
s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.
5.05(1)(f)
(f) Promulgate rules under
ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
5.05(2)
(2) Auditing. In addition to the facial examination of reports and statements required under
s. 11.21 (13), the board shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of
ch. 11 have occurred. The board may examine records relating to matters required to be treated in such reports and statements. The board shall make official note in the file of a candidate, committee, group or individual under
ch. 11 of any error or other discrepancy which the board discovers and shall inform the person submitting the report or statement.
5.05(3)(a)(a) The board shall upon complaint by any person or on its own motion investigate violations of the elections laws and shall notify the district attorney of the proper county, the attorney general or the governor where appropriate under
s. 11.60 (4) or
11.61 (2) of any facts within its knowledge or evidence in its possession which may be grounds for civil action or criminal prosecution.
5.05(3)(b)
(b) In any case in which the board refers information relating to an apparent violation of this section, the district attorney, attorney general, or any special counsel appointed under
s. 14.11 (2) shall respond by report to the board with respect to any action taken regarding such apparent violation. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during such period, the board shall receive a further report at the close of every 30-day period until the time of final disposition.
5.05(3)(c)
(c) No investigation is required of any petition or complaint which is not verified. The board may summarily dismiss any complaint which it finds to be without merit.
5.05(4)
(4) Employees. All employees of the board shall be nonpartisan.
5.05(5)
(5) Biennial report. Notwithstanding
s. 15.04 (1) (d), the board shall file its biennial report required by that paragraph on or before June 30 of each odd-numbered year, covering the biennium ending on the previous December 31. The board may include any information compiled under
s. 11.21 (7) in such report.
5.05(6)
(6) Formal opinions. Any interested person may make written request to the board to issue a formal opinion with respect to the person's authority or responsibilities under
chs. 5 to
12. The board shall within 15 days advise the person requesting an opinion whether or not a formal opinion will be issued. If a formal opinion will be issued, it shall be issued within 30 days of the request. No person acting in good faith upon a formal opinion issued to the person by the board shall be subject to civil or criminal prosecution for so acting, if the material facts are as stated in the opinion request. Nothing in this subsection requires the issuance of an opinion by the board, nor precludes it from issuing an opinion or ruling in any other manner.
5.05(7)
(7) Administrative meetings and conferences. The board shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the board, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The board may conduct conferences relating to election laws, practice and procedure. The board may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the board.
5.05(9)
(9) Standing. The board has standing to commence or intervene in an action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration. If the board delegates authority to the executive director under
sub. (1) (e) to act in its stead, the executive director has standing to commence or intervene in such an action or proceeding.
5.05(10)
(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 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 shall adopt the plan and any modifications only after publishing a class I 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, the board shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.
5.05(11)
(11) Aids to counties and municipalities. From the appropriations under
s. 20.510 (1) (t) and
(x), the board 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 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.
5.05(12)
(12) Voter education. The board may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The board shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.
5.05(13)
(13) Toll-free election information exchange. 5.05(13)(a)(a) The board shall maintain one or more toll-free telephone lines for electors to report possible voting fraud and voting rights violations, to obtain general election information, and to access information concerning their registration status, current polling place locations, and other information relevant to voting in elections.
5.05(13)(b)
(b) The board may maintain a free access system under which an elector who votes under
s. 6.96 or
6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.
5.05(14)
(14) Information from county and municipal clerks. The board may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.
5.05(15)
(15) Registration list. The board is responsible for the design and maintenance of the official registration list under
s. 6.36. The board shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board for proper maintenance of the list.
5.05 History
History: 1973 c. 334;
1975 c. 85,
93,
199;
1977 c. 29;
1977 c. 196 s.
131;
1977 c. 418,
427,
447;
1979 c. 32 s.
92 (8);
1979 c. 89,
154,
328;
1983 a. 27,
484,
524,
538;
1985 a. 303;
1985 a. 304 ss.
3,
155;
1989 a. 31,
192;
1999 a. 182;
2001 a. 109;
2003 a. 35,
265,
266,
327;
2005 a. 177.
5.05 Cross-reference
Cross Reference: See also ElBd, Wis. adm. code.
5.05 Annotation
Notice to the district attorney, attorney general, or governor is not a prerequisite to a civil forfeiture under sub. (1) (c); notice pursuant to sub. (3) is required only as specified by s. 11.60 (4) or 11.61 (2). State Elections Board v. Hales,
149 Wis. 2d 306,
440 N.W.2d 579 (Ct. App. 1989).
5.05 Annotation
A party being investigated by the board is not entitled under sub. (1) (b) to attend and participate in all depositions conducted by the board. Notice to the party being investigated under sub. (1) (b) is limited to the board's exercise of its subpoena power and does not relate in any way to the conduct of depositions the board may wish to take. State ex rel. Block v. Circuit Court for Dane County, 2000 WI App 72,
234 Wis. 2d 183,
610 N.W.2d 213,
00-0507.
5.055
5.055
Election assistance commission standards board. The executive director of the board shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director 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 executive director 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 executive director shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.
5.055 History
History: 2003 a. 265.
5.056
5.056
Matching program with secretary of transportation. The executive director 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 under
s. 6.36 (1) with personally identifiable information maintained by the department of transportation.
5.056 History
History: 2003 a. 265.
5.06
5.06
Compliance review; appeal. 5.06(1)
(1) Whenever any elector of a jurisdiction or district served by an election official believes that a decision or action of the official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector may file a written sworn complaint with the board requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The board may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under
ch. 227 if it believes such action to be appropriate.
5.06(2)
(2) No person who is authorized to file a complaint under
sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in
sub. (1) without first filing a complaint under
sub. (1), nor prior to disposition of the complaint by the board. A complaint is deemed disposed of if the board fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board concludes its investigation without a formal decision.
5.06(3)
(3) A complaint under this section shall be filed promptly so as not to prejudice the rights of any other party. In no case may a complaint relating to nominations, qualifications of candidates or ballot preparation be filed later than 10 days after the complainant knew or should have known that a violation of law or abuse of discretion occurred or was proposed to occur.
5.06(4)
(4) The board may, on its own motion, investigate and determine whether any election official, with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections, has failed to comply with the law or abused the discretion vested in him or her by law or proposes to do so.
5.06(5)
(5) Upon receipt of a complaint under
sub. (1), or upon its own motion, the board may order any election official to immediately transfer to its possession any original documents in the custody of the official which the board finds to be necessary and relevant to permit review of compliance with the laws concerning nominations, qualifications of candidates, ward division and numbering, recall or ballot preparation or the proper administration of such laws.
5.06(6)
(6) The board may, after such investigation as it deems appropriate, summarily decide the matter before it and, by order, require any election official to conform his or her conduct to the law, restrain an official from taking any action inconsistent with the law or require an official to correct any action or decision inconsistent with the law. The board shall immediately transmit a copy of the order to the official. An order issued under this subsection is effective immediately or at such later time as may be specified in the order.
5.06(7)
(7) The board may withdraw, modify or correct an order issued under
sub. (6) within a timely period if it finds such action to be appropriate.
5.06(8)
(8) Any election official or complainant who is aggrieved by an order issued under
sub. (6) may appeal the decision of the board to circuit court for the county where the official conducts business or the complainant resides no later than 30 days after issuance of the order. Pendency of an appeal does not stay the effect of an order unless the court so orders.
5.06(9)
(9) The court may not conduct a de novo proceeding with respect to any findings of fact or factual matters upon which the board has made a determination, or could have made a determination if the parties had properly presented the disputed matters to the board for its consideration. The court shall summarily hear and determine all contested issues of law and shall affirm, reverse or modify the determination of the board, according due weight to the experience, technical competence and specialized knowledge of the board, pursuant to the applicable standards for review of agency decisions under
s. 227.57.
5.06(10)
(10) This section does not apply to matters arising in connection with a recount under
s. 9.01.
5.06 Annotation
The plaintiff's failure to comply with the method of review prescribed by this section deprived the circuit court of jurisdiction to hear the plaintiff's original action regarding election irregularities. Kuechmann v. LaCrosse School District,
170 Wis. 2d 218,
487 N.W.2d 639 (Ct. App. 1992).
5.061
5.061
Compliance with federal Help America Vote Act. 5.061(1)(1) Whenever any person believes that a violation of Title III of
P.L. 107-252 has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, verified complaint with the board.
5.061(2)
(2) If the board receives more than one complaint under
sub. (1) relating to the same subject matter, the board may consolidate the complaints for purposes of this section.
5.061(3)
(3) A complainant under
sub. (1) or any of the complainants in a consolidated complaint under
sub. (2) may request a hearing and the matter shall then be treated as a contested case under
ch. 227, except that the board shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.
5.061(4)
(4) If the board finds the complaint to be without merit, it shall issue a decision dismissing the complaint. If the board finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the board shall order appropriate relief, except that the board shall not issue any order under this subsection affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.
5.061 History
History: 2003 a. 265.
5.07
5.07
Action to compel compliance. Whenever a violation of the laws regulating the conduct of elections or election campaigns 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.
5.07 History
History: 1973 c. 334;
1983 a. 484 s.
136m; Stats. 1983 s. 5.07;
1985 a. 304.
5.08
5.08
Petition for enforcement. 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 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 of the county where the violation or proposed action inconsistent with this chapter occurs or is proposed to occur. 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.
5.08 History
History: 1983 a. 484.
5.081
5.081
Petition for enforcement of voting rights. The attorney general shall accept a verified petition from any person alleging failure to comply with section 2 of the federal voting rights act,
42 USC 1973 (a) and (b). The attorney general may commence an action or proceeding in any court of competent jurisdiction on behalf of any elector of this state whose rights under
42 USC 1973 (a) and (b) are violated.
5.081 History
History: 1985 a. 312.
5.081 Note
NOTE: This section, created by
1985 Wis. Act 312, and s.
1 of that act, entitled "Legislative findings and intent", first apply to alteration of district boundaries made to reflect population changes identified in the 1990 federal decennial census.
