SB294,111
22Section
111. 9.01 (5) (a) of the statutes is amended to read:
SB294,51,1123
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.
SB294,112
12Section
112. 9.01 (5) (bm) of the statutes is amended to read:
SB294,51,2413
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.
SB294,113
25Section
113. 9.01 (5) (c) of the statutes is amended to read:
SB294,52,14
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).
SB294,114
15Section
114. 9.01 (6) (a) of the statutes is amended to read:
SB294,53,616
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.
SB294,115
7Section
115. 9.01 (7) (a) of the statutes is amended to read:
SB294,53,148
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.
SB294,116
15Section
116. 9.01 (8) (a) of the statutes is amended to read:
SB294,53,1816
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.
SB294,117
19Section
117. 9.01 (8) (c) of the statutes is amended to read:
SB294,54,620
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.
SB294,118
7Section
118. 9.01 (8) (d) of the statutes is amended to read:
SB294,54,178
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.
SB294,119
18Section
119. 9.01 (10) of the statutes is amended to read:
SB294,54,2519
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.
SB294,120
1Section
120. 10.06 (1) (title) of the statutes is amended to read:
SB294,55,22
10.06
(1) (title)
Government accountability board Elections commission.
SB294,121
3Section
121. 11.01 (4m) of the statutes is created to read:
SB294,55,44
11.01
(4m) "Commission" means the ethics commission.
SB294,122
5Section
122. 11.09 of the statutes is amended to read:
SB294,55,16
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.
SB294,55,20
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.
SB294,123
21Section
123. 11.21 (title) of the statutes is amended to read:
SB294,55,23
2211.21 (title)
Duties of the government accountability board ethics
23commission.
SB294,124
24Section
124. 11.21 (7) (intro.) of the statutes is amended to read:
SB294,56,2
111.21
(7) (intro.) Include in its
biennial annual report under s.
15.04 (1) (d) 219.47 (5) compilations of any of the following in its discretion: