Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB749 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 749
5	5	December 6, 2023 - Introduced by Representatives ALLEN, MURPHY, BEHNKE,
6	6	BODDEN, BRANDTJEN, GOEBEN, O'CONNOR, RETTINGER and W ICHGERS,
7	7	cosponsored by Senators TOMCZYK and NASS. Referred to Committee on
8	8	Campaigns and Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber 5.07; to amend 7.60 (5); and to create 5.07 (2), 7.08 (13)
11	11	and 13.94 (11) of the statutes; relating to: postelection audits by the
12	12	Legislative Audit Bureau and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires the Legislative Audit Bureau to conduct a performance audit
15	15	of election processes following a general election. The bill also requires the Elections
16	16	Commission to assist the counties and municipalities with the audit. Under the bill,
17	17	immediately following the state certification of the election results, the commission
18	18	randomly selects four counties and one city and one village from each of those
19	19	counties, except that one of the counties must be one of the ten most populous
20	20	counties in the state. LAB then conducts its audit in the municipalities selected by
21	21	the commission.
22	22	Under the bill, LAB may physically handle and examine all original election
23	23	materials, including ballots and absentee ballot certificates, at LAB's discretion, at
24	24	a secure site established by the municipal clerk and the commission. The bill also
25	25	requires the commission to ensure that LAB is able to conduct and complete its audit
26	26	and that the municipal clerks maintain management authority over the retention
27	27	and security of election records. Under the bill, the public is allowed to observe the
28	28	audit in observation areas established by the municipal clerk.
29	29	LAB must report any incident of noncompliance with the requirements under
30	30	the bill to the legislature. In addition, any person may commence an action in circuit
31	31	court to compel an election official or the commission to comply with those
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37	37	requirements. If a court finds that an election official or the commission is
38	38	noncompliant, the official or commission is subject to a forfeiture of $500 for each day
39	39	of noncompliance. Finally, LAB must submit a report of its findings and
40	40	recommendations to the legislature no later than June 30 of the odd-numbered year
41	41	following the election.
42	42	For further information see the state and local fiscal estimate, which will be
43	43	printed as an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 5.07 of the statutes is renumbered 5.07 (1).
47	47	SECTION 2. 5.07 (2) of the statutes is created to read:
48	48	5.07 (2) Notwithstanding s. 5.06 (2), any person may commence an action in
49	49	circuit court to compel an election official or the commission to comply with s. 7.08
50	50	(13). If a court finds that an election official or the commission is not complying with
51	51	s. 7.08 (13), the official or commission is subject to a forfeiture of $500 for each day
52	52	of noncompliance.
53	53	SECTION 3. 7.08 (13) of the statutes is created to read:
54	54	7.08 (13) LEGISLATIVE AUDIT BUREAU; POSTELECTION AUDIT. (a) Following each
55	55	general election, assist the counties and municipalities with the audit performed by
56	56	the legislative audit bureau, as authorized under s. 13.94 (11). Immediately after its
57	57	certification of the election results under s. 7.70, the commission shall randomly
58	58	select 4 counties and one city and one village from each of those counties, except that
59	59	one of the counties shall be one of the 10 most populous counties in the state. The
60	60	legislative audit bureau shall conduct its audit in the municipalities selected by the
61	61	commission.
62	62	(b) The municipal clerks of the municipalities selected under par. (a) shall allow
63	63	the legislative audit bureau to physically handle and examine all original election
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84	84	SECTION 3
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86	86	materials, including ballots and absentee ballot certificates, at the bureau's
87	87	discretion, at a secure site established by the municipal clerk and the commission.
88	88	All election materials examined by the bureau shall remain in the custody of the
89	89	municipal clerk. The commission shall ensure that the legislative audit bureau is
90	90	able to conduct and complete its audit and that the municipal clerks maintain
91	91	management authority over the retention and security of election records.
92	92	(c) All steps of the audit conducted under par. (a) shall be performed publicly,
93	93	and the municipal clerk shall establish observation areas at the site where the audit
94	94	is conducted that are not less than 3 feet from nor more than 8 feet from any area
95	95	where the legislative audit bureau is examining election materials.
96	96	(d) The legislative audit bureau shall report any incident of noncompliance
97	97	with this subsection to the speaker of the assembly, the president of the senate, and
98	98	to the appropriate standing committees of the legislature with jurisdiction over
99	99	elections, as provided under s. 13.172 (3).
100	100	SECTION 4. 7.60 (5) of the statutes is amended to read:
101	101	7.60 (5) REPORTING. (a) Immediately following the canvass, the county clerk
102	102	shall deliver or transmit to the elections commission and the legislative audit bureau
103	103	a certified copy of each statement of the county board of canvassers for president and
104	104	vice president, state officials, senators and representatives in congress, state
105	105	legislators, justice, court of appeals judge, circuit judge, district attorney, and
106	106	metropolitan sewerage commissioners, if the commissioners are elected under s.
107	107	200.09 (11) (am). The statement shall record the returns for each office or
108	108	referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in
109	109	which case the statement shall record the returns for each group of combined wards.
110	110	Following primaries the county clerk shall enclose on forms prescribed by the
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137	137	SECTION 4 ASSEMBLY BILL 749
138	138	elections commission the names, party or principle designation, if any, and number
139	139	of votes received by each candidate recorded in the same manner. The county clerk
140	140	shall deliver or transmit the certified statement to the elections commission no later
141	141	than 9 days after each primary except the partisan primary, no later than 10 days
142	142	after the partisan primary and any other election except the general election, and no
143	143	later than 14 days after the general election. The county clerk shall deliver or
144	144	transmit the certified statement regarding the general election to the legislative
145	145	audit bureau no later than 14 days after the general election. The board of
146	146	canvassers shall deliver or transmit a certified copy of each statement for any
147	147	technical college district referendum to the secretary of the technical college district
148	148	board.
149	149	(b) If the board of canvassers becomes aware of a material mistake in the
150	150	canvass of an election for state or national office or a statewide or technical college
151	151	district referendum prior to the close of business on the day the elections commission
152	152	receives returns from the last county board of canvassers with respect to that
153	153	canvass, the board of canvassers may petition the elections commission to reopen
154	154	and correct the canvass. The elections commission shall direct the canvass to be
155	155	reopened and corrected if it determines that the public interest so requires. If the
156	156	elections commission directs the canvass to be reopened, the board of canvassers
157	157	shall reconvene and transmit a certified corrected copy of the canvass statement to
158	158	the elections commission and the legislative audit bureau or to secretary of the
159	159	technical college district board.
160	160	SECTION 5. 13.94 (11) of the statutes is created to read:
161	161	13.94 (11) POSTELECTION AUDIT. Following each general election, the state
162	162	auditor shall conduct a performance audit of the election processes as provided under
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190	190	SECTION 5
191	191	ASSEMBLY BILL 749
192	192	s. 7.08 (13). The legislative audit bureau shall submit a report of its findings and
193	193	recommendations to the legislature, as provided under s. 13.172 (2), no later than
194	194	June 30 of the odd-numbered year following the election.
195	195	(END)
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