Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB899 Compare Versions

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

Old	New	Differences
1	1	LRB-4270/2
2	2	JK:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 899
5	5	January 4, 2024 - Introduced by Representatives BODDEN, GUSTAFSON, GOEBEN,
6	6	RETTINGER, BINSFELD, MAXEY, HURD, MICHALSKI, SCHMIDT, S. JOHNSON, ALLEN,
7	7	BROOKS, CALLAHAN and DITTRICH, cosponsored by Senator KNODL. Referred to
8	8	Committee on Campaigns and Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 5.025, 5.05 (1e), 5.05 (2m) (c) 5. a. to c., 5.05 (2m) (d) 1., 5.05
11	11	(5f), 5.93, 7.41 (5), 12.01 (2), 15.06 (1) (d), 15.06 (2) (b) 1., 15.06 (3) (a) 5., 15.61,
12	12	19.42 (10) (a), 19.42 (13) (p), 20.510 (intro.) and (1) (title) and 230.08 (2) (eL);
13	13	to renumber 15.06 (2) (b) 2., 20.510 (1) (bm), 20.510 (1) (br), 20.510 (1) (c),
14	14	20.510 (1) (d), 20.510 (1) (e), 20.510 (1) (jn), 20.510 (1) (m), 20.510 (1) (t) and
15	15	20.510 (1) (x); to renumber and amend 5.05 (2m) (c) 5. (intro.), 5.05 (2m) (d)
16	16	2., 20.510 (1) (a), 20.510 (1) (be), 20.510 (1) (g), 20.510 (1) (h) and 20.510 (1) (jm);
17	17	to consolidate, renumber and amend 12.01 (intro.) and (1); to amend 5.01
18	18	(4) (a), 5.05 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (2m) (a), 5.05
19	19	(2m) (c) 2., 5.05 (2m) (c) 4., 5.05 (2m) (c) 6., 5.05 (2m) (c) 7., 5.05 (2m) (c) 9., 5.05
20	20	(2m) (c) 10., 5.05 (2m) (c) 11., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13., 5.05 (2m) (c) 14.,
21	21	5.05 (2m) (c) 15., 5.05 (2m) (c) 16., 5.05 (2m) (c) 17., 5.05 (2m) (c) 18., 5.05 (2m)
22	22	(e), 5.05 (2m) (f) (intro.), 5.05 (2m) (f) 1., 5.05 (2m) (f) 2., 5.05 (2m) (h), 5.05 (2m)
23	23	(i), 5.05 (2m) (k), 5.05 (2q), 5.05 (2w), 5.05 (3d), 5.05 (3g), 5.05 (4), 5.05 (5e), 5.05
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39	39	ASSEMBLY BILL 899
40	40	(5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f), 5.05 (5t), 5.05
41	41	(6a), 5.05 (7), 5.05 (9), 5.05 (10), 5.05 (11), 5.05 (12), 5.05 (13) (a), 5.05 (13) (b),
42	42	5.05 (13) (c), 5.05 (13) (d) (intro.), 5.05 (14), 5.05 (15), 5.05 (16), 5.05 (17), 5.05
43	43	(18), 5.055, 5.056, 5.06 (1), 5.06 (2), 5.06 (4), 5.06 (5), 5.06 (6), 5.06 (7), 5.06 (8),
44	44	5.06 (9), 5.061 (1), 5.061 (2), 5.061 (3), 5.061 (4), 5.25 (4), 5.35 (6) (a) 2m., 5.35
45	45	(6) (a) 4a., 5.35 (6) (a) 4b., 5.35 (6) (a) 5., 5.35 (6) (b), 5.40 (5m), 5.40 (7), 5.51 (6),
46	46	5.51 (8), 5.58 (1b) (bm), 5.58 (1b) (cm), 5.58 (2), 5.58 (2m), 5.60 (1) (b), 5.60 (3)
47	47	(ag), 5.60 (5) (ar), 5.60 (6) (a), 5.60 (8) (am), 5.62 (1) (a), 5.62 (1) (b) 1., 5.62 (2)
48	48	(a), 5.62 (3), 5.62 (4) (ar), 5.62 (4) (b), 5.64 (1) (ag), 5.64 (1) (b), 5.64 (1) (es), 5.64
49	49	(2), 5.655 (3), 5.72, 5.83, 5.87 (2), 5.905 (2), 5.905 (3), 5.905 (4), 5.91 (intro.), 5.95,
50	50	6.06, 6.22 (4) (d), 6.22 (6), 6.24 (3), 6.24 (4) (d), 6.24 (5), 6.24 (6), 6.275 (1) (intro.),
51	51	6.275 (1) (f), 6.275 (2), 6.276 (2), 6.276 (3), 6.29 (2) (am), 6.30 (4), 6.30 (5), 6.32,
52	52	6.33 (1), 6.33 (5) (a), 6.33 (5) (b), 6.34 (2m), 6.34 (4), 6.35 (2), 6.36 (1) (a) (intro.),
53	53	6.36 (1) (a) 4., 6.36 (1) (a) 9., 6.36 (1) (am), 6.36 (1) (b) 1. a., 6.36 (1) (b) 1. b., 6.36
54	54	(1) (bm), 6.36 (1) (bn), 6.36 (1) (d), 6.36 (1) (e), 6.36 (1) (f), 6.36 (2) (a), 6.36 (6),
55	55	6.47 (1) (ag), 6.47 (1) (am) 2., 6.47 (1) (dm), 6.47 (2), 6.47 (3), 6.50 (1) (intro.), 6.50
56	56	(2), 6.50 (2g), 6.50 (2r) (intro.), 6.50 (2r) (b), 6.50 (2r) (h), 6.50 (7), 6.55 (2) (a)
57	57	(intro.), 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3), 6.56 (3m), 6.56 (4), 6.56 (7), 6.57, 6.79
58	58	(1m), 6.86 (2) (a), 6.86 (2m) (a), 6.86 (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (5), 6.92
59	59	(1), 6.925, 6.95, 6.96, 6.97 (1), 7.03 (1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (intro.), 7.08
60	60	(1), 7.08 (2) (a), 7.08 (2) (d), 7.08 (3) (intro.), 7.08 (3) (a), 7.08 (4), 7.08 (6), 7.10
61	61	(1) (a), 7.10 (2), 7.10 (3) (a), 7.10 (4), 7.10 (7), 7.10 (8), 7.10 (9), 7.10 (10), 7.15 (1)
62	62	(e), 7.15 (1) (g), 7.15 (1m), 7.15 (8), 7.15 (9), 7.15 (10), 7.15 (13), 7.30 (2) (c), 7.30
63	63	(4) (e), 7.30 (6) (b), 7.31, 7.315 (1) (a), 7.315 (2), 7.315 (3), 7.38 (5), 7.52 (1) (a),
64	64	7.60 (4) (a), 7.60 (5), 7.70 (1), 7.70 (3) (a), (b), (c), (d), (e), (g), (h) and (i), 7.70 (5),
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90	90	LRB-4270/2
91	91	JK:cdc
92	92	ASSEMBLY BILL 899
93	93	8.07, 8.10 (6) (a), 8.12 (1), 8.12 (2), 8.12 (3), 8.15 (8) (a), 8.16 (2) (b), 8.16 (7), 8.17
94	94	(9) (a), 8.17 (12), 8.18 (2), 8.185 (1), 8.185 (2), 8.185 (3), 8.19 (1), 8.19 (3), 8.20
95	95	(7), 8.30 (2m), 8.40 (3), 8.50 (1) (a), 8.50 (1) (b), 8.50 (1) (d), 8.50 (3) (e), 9.01 (1)
96	96	(a) 1., 9.01 (1) (a) 4., 9.01 (1) (ag) 2., 9.01 (1) (ag) 4., 9.01 (1) (ar) 2., 9.01 (1) (ar)
97	97	3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01 (7) (a), 9.01 (8) (a), 9.01
98	98	(8) (c), 9.01 (8) (d), 9.01 (10), 10.01 (1), 10.01 (2) (intro.), 10.02 (1), 10.02 (2) (c),
99	99	10.02 (3) (intro.), 10.06 (1), 10.06 (2) (a), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (h),
100	100	10.06 (2) (k), 12.13 (5) (a), 12.13 (5) (b) (intro.), 12.13 (5) (b) 3., 13.123 (3) (b) 2.,
101	101	13.23, 14.38 (10m), 15.01 (2), 15.06 (5), 15.06 (6), 15.06 (10), 16.79 (2), 16.96 (3)
102	102	(b), 17.17 (1), 17.17 (4), 19.43 (4), 19.85 (1) (h), 19.851 (title), 19.851 (1), 20.505
103	103	(1) (d), 20.575 (1) (g), 20.575 (1) (ka), 38.16 (3) (br) 3., 49.165 (4) (a), 59.605 (3)
104	104	(a) 3., 67.05 (3) (b), 67.05 (6), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91
105	105	(3) (c), 165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03
106	106	(6), 227.52 (6), 301.03 (20m), 342.06 (1) (eg), 343.027, 343.11 (2m), 343.14 (2j),
107	107	343.50 (8) (c) 3., 756.04 (2) (c) 1., 778.135, 978.05 (1) and 978.05 (2); and to
108	108	create 5.05 (5fm) of the statutes; relating to: dissolving the Elections
109	109	Commission, requiring the secretary of state to administer elections, and
110	110	granting rule-making authority.
111	111	Analysis by the Legislative Reference Bureau
112	112	This bill dissolves the Elections Commission and requires the secretary of state
113	113	to assume the duties of the commission, effective January 4, 2027. Under the bill,
114	114	the administrator of the commission must work with the secretary of state to ensure
115	115	a smooth transition from the commission to the office of the secretary of state and to
116	116	formulate an implementation plan. Under the bill, all assets, liabilities, and tangible
117	117	personal property of the commission are transferred to secretary of state. In
118	118	addition, all incumbent employees holding positions at the commission on the bill's
119	119	effective date, other than the administrator, are transferred to the office of the
120	120	secretary of state.
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140	140	ASSEMBLY BILL 899
141	141	Under the bill, the standing committees in each house of the legislature with
142	142	jurisdiction over election administration are advisory to the secretary of state on all
143	143	matters relating to the operation of the office of the secretary of state with regard to
144	144	the election administration. Except for action related to the internal operations and
145	145	procedures of the office, the office of the secretary of state may take no action with
146	146	regard to election administration without getting prior approval from the standing
147	147	committees in each house of the legislature with jurisdiction over election
148	148	administration.
149	149	For further information see the state fiscal estimate, which will be printed as
150	150	an appendix to this bill.
151	151	The people of the state of Wisconsin, represented in senate and assembly, do
152	152	enact as follows:
153	153	SECTION 1. 5.01 (4) (a) of the statutes is amended to read:
154	154	5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
155	155	an equal number of votes, the winner shall be chosen by lot in the presence of the
156	156	board of canvassers charged with the responsibility to determine the election, or in
157	157	the case of an election for state or national office or metropolitan sewerage
158	158	commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
159	159	presence of the chairperson of the elections commission secretary of state or the
160	160	chairperson's secretary's designee.
161	161	SECTION 2. 5.025 of the statutes is repealed.
162	162	SECTION 3. 5.05 (title) of the statutes is amended to read:
163	163	5.05 (title) Elections commission Secretary of state; powers and duties.
164	164	SECTION 4. 5.05 (1) (intro.) of the statutes is amended to read:
165	165	5.05 (1) GENERAL AUTHORITY. (intro.) The elections commission secretary of
166	166	state shall have the responsibility for the administration of chs. 5 to 10 and 12 and
167	167	other laws relating to elections and election campaigns, other than laws relating to
168	168	campaign financing. Pursuant to such responsibility, the commission secretary of
169	169	state and the office of the secretary of state may:
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186	186	17 - 5 -2023 - 2024 Legislature
187	187	LRB-4270/2
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189	189	SECTION 5
190	190	ASSEMBLY BILL 899
191	191	SECTION 5. 5.05 (1) (b) of the statutes is amended to read:
192	192	5.05 (1) (b) In the discharge of its the duties of the secretary of state and after
193	193	providing notice to any party who is the subject of an investigation, subpoena and
194	194	bring before it the secretary any person and require the production of any papers,
195	195	books, or other records relevant to an investigation. Notwithstanding s. 885.01 (4),
196	196	the issuance of a subpoena requires action by the commission at a meeting of the
197	197	commission. In the discharge of its his or her duties, the commission secretary may
198	198	cause the deposition of witnesses to be taken in the manner prescribed for taking
199	199	depositions in civil actions in circuit court.
200	200	SECTION 6. 5.05 (1) (c) of the statutes is amended to read:
201	201	5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
202	202	to 10 or 12. The commission secretary of state may compromise and settle any civil
203	203	action or potential action brought or authorized to be brought by it the secretary
204	204	which, in the his or her opinion of the commission, constitutes a minor violation, a
205	205	violation caused by excusable neglect, or which for other good cause shown, should
206	206	not in the public interest be prosecuted under such chapter. Notwithstanding s.
207	207	778.06, a civil action or proposed civil action authorized under this paragraph may
208	208	be settled for such sum as may be agreed between the parties. Any settlement made
209	209	by the commission secretary shall be in such amount as to deprive the alleged
210	210	violator of any benefit of his or her wrongdoing and may contain a penal component
211	211	to serve as a deterrent to future violations. In settling civil actions or proposed civil
212	212	actions, the commission secretary shall treat comparable situations in a comparable
213	213	manner and shall assure that any settlement bears a reasonable relationship to the
214	214	severity of the offense or alleged offense. Except as otherwise provided in sub. (2m)
215	215	(c) 15. and 16. and ss. 5.08 and 5.081, forfeiture actions brought by the commission
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242	242	SECTION 6 ASSEMBLY BILL 899
243	243	secretary shall be brought in the circuit court for the county where the defendant
244	244	resides, or if the defendant is a nonresident of this state, in circuit court for the county
245	245	wherein the violation is alleged to occur. For purposes of this paragraph, a person
246	246	other than an individual resides within a county if the person's principal place of
247	247	operation is located within that county. Whenever the commission secretary enters
248	248	into a settlement agreement with an individual who is accused of a civil violation of
249	249	chs. 5 to 10 or 12 or who is investigated by the commission office of the secretary of
250	250	state for a possible civil violation of one of those provisions, the commission secretary
251	251	shall reduce the agreement to writing, together with a statement of the commission's
252	252	secretary's findings and reasons for entering into the agreement and shall retain the
253	253	agreement and statement in its the office of the secretary of state for inspection.
254	254	SECTION 7. 5.05 (1e) of the statutes is repealed.
255	255	SECTION 8. 5.05 (2m) (a) of the statutes is amended to read:
256	256	5.05 (2m) (a) The commission office of the secretary of state shall investigate
257	257	violations of laws administered by the commission secretary and may prosecute
258	258	alleged civil violations of those laws, directly or through its agents under this
259	259	subsection, pursuant to all statutes granting or assigning that authority or
260	260	responsibility to the commission secretary. Prosecution of alleged criminal
261	261	violations investigated by the commission office of the secretary of state may be
262	262	brought only as provided in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For
263	263	purposes of this subsection, the commission office of the secretary of state may only
264	264	initiate an investigation of an alleged violation of chs. 5 to 10 and 12, other than an
265	265	offense described under par. (c) 12., based on a sworn complaint filed with the
266	266	commission secretary of state, as provided under par. (c). Neither the commission
267	267	secretary of state nor any member or employee of the commission, including the
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293	293	LRB-4270/2
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295	295	SECTION 8
296	296	ASSEMBLY BILL 899
297	297	commission administrator, office of the secretary of state may file a sworn complaint
298	298	for purposes of this subsection.
299	299	SECTION 9. 5.05 (2m) (c) 2. of the statutes is amended to read:
300	300	5.05 (2m) (c) 2. a. Any person may file a complaint with the commission
301	301	secretary of state alleging a violation of chs. 5 to 10 or 12. No later than 5 days after
302	302	receiving a complaint, the commission secretary shall notify each person who or
303	303	which the complaint alleges committed such a violation. Before voting on whether
304	304	to take any action regarding the complaint, other than to dismiss, the commission
305	305	The secretary shall give each person receiving a notice under this subd. 2. a. an
306	306	opportunity to demonstrate to the commission secretary, in writing and within 15
307	307	days after receiving the notice, that the commission secretary should take no action
308	308	against the person on the basis of the complaint. The commission office of the
309	309	secretary of state may not conduct any investigation or take any other action under
310	310	this subsection solely on the basis of a complaint by an unidentified complainant.
311	311	am. If the commission office of the secretary of state finds, by a preponderance
312	312	of the evidence, that a complaint is frivolous, the commission secretary of state may
313	313	order the complainant to forfeit not more than the greater of $500 or the expenses
314	314	incurred by the commission office in investigating the complaint.
315	315	SECTION 10. 5.05 (2m) (c) 4. of the statutes is amended to read:
316	316	5.05 (2m) (c) 4. If the commission office of the secretary of state reviews a
317	317	complaint and fails to find that there is a reasonable suspicion that a violation under
318	318	subd. 2. has occurred or is occurring, the commission secretary of state shall dismiss
319	319	the complaint. If the commission office believes that there is reasonable suspicion
320	320	that a violation under subd. 2. has occurred or is occurring, the commission secretary
321	321	may by resolution authorize the commencement of an investigation. The resolution
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348	348	SECTION 10 ASSEMBLY BILL 899
349	349	shall specifically set forth any matter that is authorized to be investigated. To assist
350	350	in the investigation, the commission secretary may elect to retain a special
351	351	investigator. If the commission elects to retain a special investigator, the
352	352	administrator of the commission shall submit to the commission the names of 3
353	353	qualified individuals to serve as a special investigator. The commission may retain
354	354	one or more of the individuals. If the commission secretary retains a special
355	355	investigator to investigate a complaint against a person who is a resident of this
356	356	state, the commission secretary shall provide to the district attorney for the county
357	357	in which the person resides a copy of the complaint and shall notify the district
358	358	attorney that it he or she has retained a special investigator to investigate the
359	359	complaint. For purposes of this subdivision, a person other than an individual
360	360	resides within a county if the person's principal place of operation is located within
361	361	that county. The commission secretary shall enter into a written contract with any
362	362	individual who is retained as a special investigator setting forth the terms of the
363	363	engagement. A special investigator who is retained by the commission secretary may
364	364	request the commission secretary to issue a subpoena to a specific person or to
365	365	authorize the special investigator to request the circuit court of the county in which
366	366	the specific person resides to issue a search warrant. The commission may grant the
367	367	request by approving a motion to that effect at a meeting of the commission if the
368	368	commission finds that such action is legally appropriate.
369	369	SECTION 11. 5.05 (2m) (c) 5. (intro.) of the statutes is renumbered 5.05 (2m) (c)
370	370	5. and amended to read:
371	371	5.05 (2m) (c) 5. Each special investigator who is retained by the commission
372	372	shall make periodic reports to the commission, as directed by the commission, but in
373	373	no case may the interval for reporting exceed 30 days. If the commission authorizes
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398	398	25 - 9 -2023 - 2024 Legislature
399	399	LRB-4270/2
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401	401	SECTION 11
402	402	ASSEMBLY BILL 899
403	403	the commission administrator to investigate any matter without retaining a special
404	404	investigator, the administrator shall make periodic reports to the commission, as
405	405	directed by the commission, but in no case may the reporting interval exceed 30 days.
406	406	During the pendency of any investigation, the commission office of the secretary of
407	407	state shall meet for the purpose of reviewing review the progress of the investigation
408	408	at least once every 90 days. The special investigator or the administrator shall report
409	409	in person to the commission office and the secretary at that meeting concerning the
410	410	progress of the investigation. If, after receiving a report, the commission does not
411	411	vote to continue an investigation for an additional period not exceeding 90 days, the
412	412	investigation is terminated at the end of the reporting interval. The commission
413	413	office of the secretary of state shall not expend more than $25,000 to finance the cost
414	414	of an investigation before receiving a report on the progress of the investigation and
415	415	a recommendation to commit additional resources. The commission secretary of
416	416	state may vote to terminate an investigation at any time. If an investigation is
417	417	terminated, any complaint from which the investigation arose is deemed to be
418	418	dismissed by the commission. Unless an investigation is terminated by the
419	419	commission, at the conclusion of each investigation, the administrator shall present
420	420	to the commission one of the following: secretary.
421	421	SECTION 12. 5.05 (2m) (c) 5. a. to c. of the statutes are repealed.
422	422	SECTION 13. 5.05 (2m) (c) 6. of the statutes is amended to read:
423	423	5.05 (2m) (c) 6. a. If the commission office of the secretary of state finds that
424	424	there is probable cause to believe that a violation under subd. 2. has occurred or is
425	425	occurring, the commission secretary of state may authorize the commission
426	426	administrator to file a civil complaint against the alleged violator. In such case, the
427	427	administrator secretary may request the assistance of special counsel to prosecute
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454	454	SECTION 13 ASSEMBLY BILL 899
455	455	any action brought by the commission. If the administrator requests the assistance
456	456	of special counsel with respect to any matter, the administrator shall submit to the
457	457	commission the names of 3 qualified individuals to serve as special counsel. The
458	458	commission may retain one of the individuals to act as special counsel office. The
459	459	staff of the commission office of the secretary of state shall provide assistance to the
460	460	special counsel as may be required by the counsel to carry out his or her
461	461	responsibilities.
462	462	b. The commission secretary of state shall enter into a written contract with
463	463	any individual who is retained as special counsel setting forth the terms of the
464	464	engagement. The contract shall set forth the compensation to be paid such counsel
465	465	by the state. The contract shall be executed on behalf of the state by the commission
466	466	and the commission shall file the contract kept in the office of the secretary of state.
467	467	The compensation shall be charged to the appropriation under s. 20.510 (1) 20.575
468	468	(2) (br).
469	469	SECTION 14. 5.05 (2m) (c) 7. of the statutes is amended to read:
470	470	5.05 (2m) (c) 7. No individual who is appointed or retained by the commission
471	471	secretary of state to serve as special counsel or as a special investigator is subject to
472	472	approval under s. 20.930.
473	473	SECTION 15. 5.05 (2m) (c) 9. of the statutes is amended to read:
474	474	5.05 (2m) (c) 9. At the conclusion of its investigation, the commission office of
475	475	the secretary of state shall, in preliminary written findings of fact and conclusions
476	476	based thereon, make a determination of whether or not probable cause exists to
477	477	believe that a violation under subd. 2. has occurred or is occurring. If the commission
478	478	office determines that no probable cause exists, it the secretary of state shall dismiss
479	479	the complaint. Whenever the commission secretary dismisses a complaint or a
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507	507	SECTION 15
508	508	ASSEMBLY BILL 899
509	509	complaint is deemed to be dismissed under subd. 5., the commission office shall
510	510	immediately send written notice of the dismissal to the accused and to the party who
511	511	made the complaint.
512	512	SECTION 16. 5.05 (2m) (c) 10. of the statutes is amended to read:
513	513	5.05 (2m) (c) 10. The commission office of the secretary of state shall inform the
514	514	accused or his or her counsel of exculpatory evidence in its possession.
515	515	SECTION 17. 5.05 (2m) (c) 11. of the statutes is amended to read:
516	516	5.05 (2m) (c) 11. If the commission office of the secretary of state finds that
517	517	there is probable cause to believe that a violation under subd. 2. has occurred or is
518	518	occurring, the commission secretary of state may, in lieu of civil prosecution of any
519	519	matter by the commission office, refer the matter to the district attorney for the
520	520	county in which the alleged violator resides, or if the alleged violator is a nonresident,
521	521	to the district attorney for the county where the matter arises, or if par. (i) applies,
522	522	to the attorney general or a special prosecutor. For purposes of this subdivision, a
523	523	person other than a natural person resides within a county if the person's principal
524	524	place of operation is located within that county.
525	525	SECTION 18. 5.05 (2m) (c) 12. of the statutes is amended to read:
526	526	5.05 (2m) (c) 12. The commission office of the secretary of state shall, by rule,
527	527	prescribe categories of civil offenses which the commission secretary of state will
528	528	agree to compromise and settle without a formal investigation upon payment of
529	529	specified amounts by the alleged offender. The commission may authorize the
530	530	commission administrator to compromise and settle such alleged offenses in the
531	531	name of the commission if the alleged offenses by an offender, in the aggregate, do
532	532	not involve payment of more than $2,500.
533	533	SECTION 19. 5.05 (2m) (c) 13. of the statutes is amended to read:
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560	560	SECTION 19 ASSEMBLY BILL 899
561	561	5.05 (2m) (c) 13. If a special investigator or the commission administrator, in
562	562	the course of an investigation authorized by the commission secretary of state,
563	563	discovers evidence that a violation under subd. 2. that was not within the scope of
564	564	the authorized investigation has occurred or is occurring, the special investigator or
565	565	the administrator may present that evidence to the commission secretary. If the
566	566	commission secretary finds that there is a reasonable suspicion that a violation
567	567	under subd. 2. that is not within the scope of the authorized investigation has
568	568	occurred or is occurring, the commission secretary may authorize the special
569	569	investigator or the administrator to investigate the alleged violation or may elect to
570	570	authorize a separate investigation of the alleged violation as provided in subd. 4.
571	571	SECTION 20. 5.05 (2m) (c) 14. of the statutes is amended to read:
572	572	5.05 (2m) (c) 14. If a special investigator or the commission administrator, in
573	573	the course of an investigation authorized by the commission secretary of state,
574	574	discovers evidence of a potential violation of a law that is not administered by the
575	575	commission office of the secretary of state arising from or in relation to the official
576	576	functions of the subject of the investigation or any matter that involves elections, the
577	577	special investigator or the administrator may present that evidence to the
578	578	commission secretary. The commission secretary may thereupon refer the matter to
579	579	the appropriate district attorney specified in subd. 11. or may refer the matter to the
580	580	attorney general. The attorney general may then commence a civil or criminal
581	581	prosecution relating to the matter.
582	582	SECTION 21. 5.05 (2m) (c) 15. of the statutes is amended to read:
583	583	5.05 (2m) (c) 15. Except as provided in subd. 17., if the commission secretary
584	584	of state refers a matter to the district attorney specified in subd. 11. for prosecution
585	585	of a potential violation under subd. 2. or 14. and the district attorney informs the
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613	613	SECTION 21
614	614	ASSEMBLY BILL 899
615	615	commission secretary that he or she declines to prosecute any alleged civil or
616	616	criminal violation related to any matter referred to the district attorney by the
617	617	commission secretary, or the district attorney fails to commence a prosecution of any
618	618	civil or criminal violation related to any matter referred to the district attorney by
619	619	the commission secretary within 60 days of the date of the commission's referral, the
620	620	commission secretary may refer the matter to the district attorney for another
621	621	prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney
622	622	to whom the matter was originally referred. If there is more than one such
623	623	prosecutorial unit, the chairperson of the commission shall determine the district
624	624	attorney to whom the matter shall be referred by publicly drawing lots at a meeting
625	625	of the commission. The district attorney may then commence a civil or criminal
626	626	prosecution relating to the matter.
627	627	SECTION 22. 5.05 (2m) (c) 16. of the statutes is amended to read:
628	628	5.05 (2m) (c) 16. Except as provided in subd. 17., if the commission secretary
629	629	of state refers a matter to a district attorney under subd. 15. for prosecution of a
630	630	potential violation under subd. 2. or 14. and the district attorney informs the
631	631	commission secretary that he or she declines to prosecute any alleged civil or
632	632	criminal violation related to any matter referred to the district attorney by the
633	633	commission secretary, or the district attorney fails to commence a prosecution of any
634	634	civil or criminal violation related to any matter referred to the district attorney by
635	635	the commission secretary within 60 days of the date of the commission's referral, the
636	636	commission secretary may refer the matter to the attorney general. The attorney
637	637	general may then commence a civil or criminal prosecution relating to the matter.
638	638	SECTION 23. 5.05 (2m) (c) 17. of the statutes is amended to read:
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664	664	SECTION 23 ASSEMBLY BILL 899
665	665	5.05 (2m) (c) 17. The commission secretary of state is not authorized to act
666	666	under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of
667	667	the district attorney specified in subd. 11.
668	668	SECTION 24. 5.05 (2m) (c) 18. of the statutes is amended to read:
669	669	5.05 (2m) (c) 18. Whenever the commission secretary of state refers a matter
670	670	to special counsel or to a district attorney or to the attorney general under this
671	671	subsection, the special counsel, district attorney, or attorney general shall report to
672	672	the commission secretary of state concerning any action taken regarding the matter.
673	673	The report shall be transmitted no later than 40 days after the date of the referral.
674	674	If the matter is not disposed of during that period, the special counsel, district
675	675	attorney, or attorney general shall file a subsequent report at the end of each 30-day
676	676	period following the filing of the initial report until final disposition of the matter.
677	677	SECTION 25. 5.05 (2m) (d) 1. of the statutes is repealed.
678	678	SECTION 26. 5.05 (2m) (d) 2. of the statutes is renumbered 5.05 (2m) (d) and
679	679	amended to read:
680	680	5.05 (2m) (d) No employee of the commission office of the secretary of state,
681	681	while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state
682	682	or partisan local office. No individual who is retained by the commission office of the
683	683	secretary of state to serve as a special investigator or as special counsel may, while
684	684	so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local
685	685	office. A filing officer shall decline to accept nomination papers or a declaration of
686	686	candidacy from any individual who does not qualify to become a candidate under this
687	687	paragraph.
688	688	SECTION 27. 5.05 (2m) (e) of the statutes is amended to read:
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715	715	SECTION 27
716	716	ASSEMBLY BILL 899
717	717	5.05 (2m) (e) No individual who serves as an employee of the commission office
718	718	of the secretary of state and no individual who is retained by the commission office
719	719	of the secretary of state to serve as a special investigator or a special counsel may,
720	720	while so employed or retained, make a contribution to a candidate for state or local
721	721	office. No individual who serves as an employee of the commission office of the
722	722	secretary of state and no individual who is retained by the commission office of the
723	723	secretary of state to serve as a special investigator or as special counsel, for 12
724	724	months prior to becoming so employed or retained, may have made a contribution to
725	725	a candidate for a partisan state or local office. In this paragraph, contribution has
726	726	the meaning given in s. 11.0101 (8).
727	727	SECTION 28. 5.05 (2m) (f) (intro.) of the statutes is amended to read:
728	728	5.05 (2m) (f) (intro.) Pursuant to any investigation authorized under par. (c),
729	729	the commission secretary of state has the power:
730	730	SECTION 29. 5.05 (2m) (f) 1. of the statutes is amended to read:
731	731	5.05 (2m) (f) 1. To require any person to submit in writing such reports and
732	732	answers to questions relevant to the proceedings as the commission office of the
733	733	secretary of state may prescribe, such submission to be made within such period and
734	734	under oath or otherwise as the commission office may determine.
735	735	SECTION 30. 5.05 (2m) (f) 2. of the statutes is amended to read:
736	736	5.05 (2m) (f) 2. To order testimony to be taken by deposition before any
737	737	individual who is designated by the commission secretary of state and has the power
738	738	to administer oaths, and, in such instances, to compel testimony and the production
739	739	of evidence in the same manner as authorized by sub. (1) (b).
740	740	SECTION 31. 5.05 (2m) (h) of the statutes is amended to read:
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766	766	SECTION 31 ASSEMBLY BILL 899
767	767	5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
768	768	12 is a district attorney or a circuit judge or a candidate for either such office, the
769	769	action shall be brought by the commission secretary of state. If the defendant in an
770	770	action for a civil violation of chs. 5 to 10 or 12 is the attorney general or a candidate
771	771	for that office, the commission secretary of state may appoint special counsel to bring
772	772	suit on behalf of the state.
773	773	SECTION 32. 5.05 (2m) (i) of the statutes is amended to read:
774	774	5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
775	775	10 or 12 is a district attorney or a circuit judge or a candidate for either such office,
776	776	the action shall be brought by the attorney general. If the defendant in an action for
777	777	a criminal violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that
778	778	office, the commission secretary of state may appoint a special prosecutor to conduct
779	779	the prosecution on behalf of the state.
780	780	SECTION 33. 5.05 (2m) (k) of the statutes is amended to read:
781	781	5.05 (2m) (k) The commission's power of the secretary of state to initiate civil
782	782	actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the
783	783	exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
784	784	SECTION 34. 5.05 (2q) of the statutes is amended to read:
785	785	5.05 (2q) SUPPLEMENTAL FUNDING FOR ONGOING INVESTIGATIONS. The commission
786	786	secretary of state may request supplemental funds to be credited to the
787	787	appropriation account under s. 20.510 (1) 20.575 (2) (be) for the purpose of continuing
788	788	an ongoing investigation initiated under sub. (2m). A request under this subsection
789	789	shall be filed with the secretary of administration and the cochairpersons of the joint
790	790	committee on finance in writing and shall contain a statement of the action
791	791	requested, the purposes therefor, the statutory provision authorizing or directing the
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819	819	SECTION 34
820	820	ASSEMBLY BILL 899
821	821	performance of the action, and information about the nature of the investigation for
822	822	which the commission secretary of state seeks supplemental funds, excluding the
823	823	name of any individual or organization that is the subject of the investigation. If the
824	824	cochairpersons of the joint committee on finance do not notify the secretary of
825	825	administration that the committee has scheduled a meeting for the purpose of
826	826	reviewing the request within 14 working days after the commission secretary of state
827	827	filed the request, the secretary of administration shall supplement the appropriation
828	828	under s. 20.510 (1) 20.575 (2) (be) from the appropriation under s. 20.505 (1) (d) in
829	829	an amount not to exceed the amount the commission secretary of state requested.
830	830	If, within 14 working days after the commission secretary of state filed the request,
831	831	the cochairpersons of the joint committee on finance notify the secretary of
832	832	administration that the committee has scheduled a meeting for the purpose of
833	833	reviewing the commission's secretary of state's request under this subsection, the
834	834	secretary of administration may supplement the appropriation under s. 20.510 (1)
835	835	20.575 (2) (be) only with the committee's approval. The committee and the secretary
836	836	of administration shall notify the commission secretary of state of all their actions
837	837	taken under this subsection.
838	838	SECTION 35. 5.05 (2w) of the statutes is amended to read:
839	839	5.05 (2w) ELECTIONS COMMISSION SECRETARY OF STATE. The elections commission
840	840	secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.
841	841	SECTION 36. 5.05 (3d) of the statutes is amended to read:
842	842	5.05 (3d) ADMINISTRATOR PERSONNEL. The commission shall appoint an
843	843	administrator in the manner provided under s. 15.61 (1) (b). The administrator shall
844	844	be outside the classified service. The administrator secretary of state shall appoint
845	845	such other personnel as he or she requires to carry out the duties of the commission
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872	872	SECTION 36 ASSEMBLY BILL 899
873	873	office of the secretary of state in the administration of chs. 5 to 10 and 12 and may
874	874	designate a commission an employee to serve as the commission's legal counsel. The
875	875	administrator shall perform such duties as the commission assigns to him or her in
876	876	the administration of chs. 5 to 10 and 12.
877	877	SECTION 37. 5.05 (3g) of the statutes is amended to read:
878	878	5.05 (3g) CHIEF ELECTION OFFICER. The commission administrator secretary of
879	879	state shall serve as the chief election officer of this state.
880	880	SECTION 38. 5.05 (4) of the statutes is amended to read:
881	881	5.05 (4) EMPLOYEES. All employees of the commission office of the secretary of
882	882	state involved in the administration of chs. 5 to 10 and 12 shall be nonpartisan.
883	883	SECTION 39. 5.05 (5e) of the statutes is amended to read:
884	884	5.05 (5e) ANNUAL REPORT. The commission office of the secretary of state shall
885	885	submit an annual report under s. 15.04 (1) (d) and shall include in its annual report
886	886	the names and duties of all individuals employed by the commission office and a
887	887	summary of its determinations and advisory opinions issued under sub. (6a). Except
888	888	as authorized or required under sub. (5s) (f), the commission office shall make
889	889	sufficient alterations in the summaries to prevent disclosing the identities of
890	890	individuals or organizations involved in the decisions or opinions. The commission
891	891	office shall identify in its report the statutory duties of the commission administrator
892	892	secretary of state, together with a description of the manner in which those duties
893	893	are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission office
894	894	of the secretary of state shall also specify in its report the total number of
895	895	investigations conducted by the commission office since the last annual report and
896	896	a description of the nature of each investigation. The commission office shall make
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923	923	SECTION 39
924	924	ASSEMBLY BILL 899
925	925	such further reports on the matters within its jurisdiction and such
926	926	recommendations for further legislation as it deems desirable.
927	927	SECTION 40. 5.05 (5f) of the statutes is repealed.
928	928	SECTION 41. 5.05 (5fm) of the statutes is created to read:
929	929	5.05 (5fm) ADVICE TO THE SECRETARY OF STATE. The standing committees in each
930	930	house of the legislature with jurisdiction over election administration shall be
931	931	advisory to the secretary of state on all matters relating to the operation of the office
932	932	of the secretary of state with regard to the administration of chs. 5 to 10 and 12.
933	933	Except for action related to the internal operations and procedures of the office, the
934	934	office of the secretary of state may take no action with regard to the administration
935	935	of chs. 5 to 10 and 12 without getting prior approval from the standing committees
936	936	in each house of the legislature with jurisdiction over election administration.
937	937	SECTION 42. 5.05 (5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and
938	938	(f) of the statutes are amended to read:
939	939	5.05 (5s) ACCESS TO RECORDS. (intro.) Records obtained or prepared by the
940	940	commission office of the secretary of state in connection with an investigation,
941	941	including the full text of any complaint received by the commission office, are not
942	942	subject to the right of inspection and copying under s. 19.35 (1), except as follows:
943	943	(a) The commission office shall permit inspection of records that are distributed
944	944	or discussed in the course of a meeting or hearing by the commission office in open
945	945	session. The commission office shall post on its Internet site website the draft
946	946	minutes of each meeting or hearing conducted by the commission office in open
947	947	session no later than 48 hours after the completion of the meeting or hearing. The
948	948	commission office shall post minutes approved by the commission office no later than
949	949	48 hours after the minutes are approved. The commission office may indicate
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976	976	SECTION 42 ASSEMBLY BILL 899
977	977	whether minutes posted on its Internet site website have been approved by the
978	978	commission office or are in draft form. Minutes posted pursuant to this paragraph
979	979	shall include a summary of every action that the commission voted on, a record of
980	980	each member's vote for or against every action requiring a vote, a record of all
981	981	motions and seconds made by each member, including the full text of each motion
982	982	debated and voted on by the commission, and a record of each member's status as
983	983	being present or absent for any part of a meeting or hearing taken by the office. The
984	984	commission office shall maintain all minutes published under this paragraph on its
985	985	Internet site website so that the minutes are accessible to the public at all times.
986	986	(am) The commission office shall provide to the joint committee on finance
987	987	records obtained or prepared by the commission office in connection with an ongoing
988	988	investigation when required under sub. (2q).
989	989	(b) Investigatory records of the commission office may be made public in the
990	990	course of a prosecution initiated under chs. 5 to 10 or 12.
991	991	(bm) The commission office shall provide investigatory records to the state
992	992	auditor and the employees of the legislative audit bureau to the extent necessary for
993	993	the bureau to carry out its duties under s. 13.94.
994	994	(c) The commission office shall provide information from investigation and
995	995	hearing records that pertains to the location of individuals and assets of individuals
996	996	as requested under s. 49.22 (2m) by the department of children and families or by a
997	997	county child support agency under s. 59.53 (5).
998	998	(d) If the commission office commences a civil prosecution of a person for an
999	999	alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who
1000	1000	is the subject of the investigation may authorize the commission office to make
1001	1001	available for inspection and copying under s. 19.35 (1) records of the investigation
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1029	1029	SECTION 42
1030	1030	ASSEMBLY BILL 899
1031	1031	pertaining to that person if the records are available by law to the subject person and
1032	1032	the commission office shall then make those records available.
1033	1033	(e) (intro.) The following records of the commission office are open to public
1034	1034	inspection and copying under s. 19.35 (1):
1035	1035	1. Any record of the action of the commission office authorizing the filing of a
1036	1036	civil complaint under sub. (2m) (c) 6.
1037	1037	2. Any record of the action of the commission office referring a matter to a
1038	1038	district attorney or other prosecutor for investigation or prosecution.
1039	1039	(f) The commission office shall make public formal and informal advisory
1040	1040	opinions and records obtained in connection with requests for formal or informal
1041	1041	advisory opinions relating to matters under the jurisdiction of the commission office,
1042	1042	including the identity of individuals requesting such opinions or organizations or
1043	1043	governmental bodies on whose behalf they are requested.
1044	1044	SECTION 43. 5.05 (5t) of the statutes is amended to read:
1045	1045	5.05 (5t) GUIDANCE FOLLOWING BINDING COURT DECISIONS. Within 2 months
1046	1046	following the publication of a decision of a state or federal court that is binding on
1047	1047	the commission secretary of state and this state, the commission secretary of state
1048	1048	shall issue updated guidance or formal advisory opinions, commence the
1049	1049	rule-making procedure to revise administrative rules promulgated by the
1050	1050	commission secretary of state, or request an opinion from the attorney general on the
1051	1051	applicability of the court decision.
1052	1052	SECTION 44. 5.05 (6a) of the statutes is amended to read:
1053	1053	5.05 (6a) ADVISORY OPINIONS. (a) 1. Any individual, either personally or on
1054	1054	behalf of an organization or governmental body, may make a request of the
1055	1055	commission the secretary of state in writing, electronically, or by telephone for a
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1082	1082	SECTION 44 ASSEMBLY BILL 899
1083	1083	formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12
1084	1084	of any matter to which the person is or may become a party. Any appointing officer,
1085	1085	with the consent of a prospective appointee, may request of the commission secretary
1086	1086	a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or
1087	1087	12 of any matter to which the prospective appointee is or may become a party. The
1088	1088	commission secretary shall review a request for an advisory opinion and may issue
1089	1089	a formal or informal written or electronic advisory opinion to the person making the
1090	1090	request. Except as authorized or required for opinions specified in sub. (5s) (f), the
1091	1091	commission's deliberations and actions of the secretary and the office of the secretary
1092	1092	upon such requests shall be in meetings not open to the public. A member of the
1093	1093	commission may, by written request, require the commission to review an advisory
1094	1094	opinion.
1095	1095	2. To have legal force and effect, each formal and informal advisory opinion
1096	1096	issued by the commission secretary of state must be supported by specific legal
1097	1097	authority under a statute or other law, or by specific case or common law authority.
1098	1098	Each formal and informal advisory opinion shall include a citation to each statute
1099	1099	or other law and each case or common law authority upon which the opinion is based,
1100	1100	and shall specifically articulate or explain which parts of the cited authority are
1101	1101	relevant to the commission's conclusion of the secretary and why they are relevant.
1102	1102	3. No person acting in good faith upon a formal or informal advisory opinion
1103	1103	issued by the commission secretary of state under this subsection is subject to
1104	1104	criminal or civil prosecution for so acting, if the material facts are as stated in the
1105	1105	opinion request.
1106	1106	4. At each regular meeting of the commission, the administrator shall review
1107	1107	informal advisory opinions requested of and issued by the administrator and that
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1135	1135	SECTION 44
1136	1136	ASSEMBLY BILL 899
1137	1137	relate to recurring issues or issues of first impression for which no formal advisory
1138	1138	opinion has been issued. The commission secretary of state may determine to issue
1139	1139	a formal advisory opinion adopting or modifying the informal advisory opinion. If
1140	1140	the commission secretary disagrees with a formal or informal advisory opinion that
1141	1141	has been issued by or on behalf of the commission secretary, the commission
1142	1142	secretary may withdraw the opinion, issue a revised formal or informal advisory
1143	1143	opinion, or request an opinion from the attorney general. No person acting after the
1144	1144	date of the withdrawal or issuance of the revised advisory opinion is exempted from
1145	1145	prosecution under this subsection if the opinion upon which the person's action is
1146	1146	based has been withdrawn or revised in relevant degree.
1147	1147	5. Except as authorized or required under sub. (5s) (f), no member or employee
1148	1148	of the commission office of the secretary of state may make public the identity of the
1149	1149	individual requesting a formal or informal advisory opinion or of individuals or
1150	1150	organizations mentioned in the opinion.
1151	1151	(b) 1. The commission may authorize the commission administrator or his or
1152	1152	her designee to issue an informal written advisory opinion or transmit an informal
1153	1153	advisory opinion electronically on behalf of the commission, subject to such
1154	1154	limitations as the commission deems appropriate. Every informal advisory opinion
1155	1155	shall be consistent with applicable formal advisory opinions issued by the
1156	1156	commission secretary of state, statute or other law, and case law.
1157	1157	2. Any individual may request in writing, electronically, or by telephone an
1158	1158	informal advisory opinion from the commission secretary of state under this
1159	1159	paragraph. The commission's designee secretary shall provide a written response,
1160	1160	a written reference to an applicable statute or law, or a written reference to a formal
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1186	1186	SECTION 44 ASSEMBLY BILL 899
1187	1187	advisory opinion of the commission secretary to the individual, or shall refer the
1188	1188	request to the commission for review and the issuance of a formal advisory opinion.
1189	1189	3. Any person receiving an informal advisory opinion under this paragraph
1190	1190	may, at any time, request a formal advisory opinion from the commission secretary
1191	1191	of state on the same matter.
1192	1192	(c) 1. Any individual may request in writing, electronically, or by telephone a
1193	1193	formal advisory opinion from the commission secretary of state or the review or
1194	1194	modification of a formal advisory opinion issued by the commission secretary under
1195	1195	this paragraph. The individual making the request shall include all pertinent facts
1196	1196	relevant to the matter, but shall not ask for an opinion based on a purely hypothetical
1197	1197	matter. The commission secretary shall review a request for a formal advisory
1198	1198	opinion and may issue a formal advisory opinion to the individual making the
1199	1199	request. Except as authorized or required for opinions specified in sub. (5s) (f), the
1200	1200	commission's deliberations and actions of the secretary and the office of the secretary
1201	1201	of state upon such requests shall be in meetings not open to the public.
1202	1202	2. Any person requesting a formal advisory opinion under this paragraph may
1203	1203	request a public or private hearing before the commission secretary of state to
1204	1204	discuss the opinion. The commission secretary shall grant a request for a public or
1205	1205	private hearing under this paragraph.
1206	1206	3. Promptly upon issuance of each formal advisory opinion, the commission
1207	1207	secretary of state shall publish the opinion together with the information specified
1208	1208	under sub. (5s) (f) on the commission's Internet site website of the office of the
1209	1209	secretary of state and promulgate a rule to implement the opinion.
1210	1210	4. If the commission secretary of state declines to issue a formal advisory
1211	1211	opinion, it the secretary may refer the matter to the attorney general or to and the
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1239	1239	SECTION 44
1240	1240	ASSEMBLY BILL 899
1241	1241	standing legislative oversight committees so that the attorney general and the
1242	1242	committees may confer on addressing the matter.
1243	1243	SECTION 45. 5.05 (7) of the statutes is amended to read:
1244	1244	5.05 (7) ADMINISTRATIVE MEETINGS AND CONFERENCES. The commission office of
1245	1245	the secretary of state shall conduct regular information and training meetings at
1246	1246	various locations in the state for county and municipal clerks and other election
1247	1247	officials. Administrative meetings shall be designed to explain the election laws and
1248	1248	the forms and rules of the commission office, to promote uniform procedures and to
1249	1249	assure that clerks and other officials are made aware of the integrity and importance
1250	1250	of the vote of each citizen. The commission office may conduct conferences relating
1251	1251	to election laws, practice, and procedure. The commission office may charge persons
1252	1252	attending the administrative meetings and conferences for its costs incurred in
1253	1253	conducting the meetings and conferences at a rate not exceeding the per capita cost
1254	1254	incurred by the commission office.
1255	1255	SECTION 46. 5.05 (9) of the statutes is amended to read:
1256	1256	5.05 (9) STANDING. The commission secretary of state has standing to
1257	1257	commence or intervene in any civil action or proceeding for the purpose of enforcing
1258	1258	the laws regulating the conduct of elections or election campaigns, other than laws
1259	1259	regulating campaign financing, or ensuring their proper administration.
1260	1260	SECTION 47. 5.05 (10) of the statutes is amended to read:
1261	1261	5.05 (10) STATE ELECTION ADMINISTRATION PLAN. With the approval of the joint
1262	1262	committee on finance as provided in this subsection, the commission secretary of
1263	1263	state shall adopt and modify as necessary a state plan that meets the requirements
1264	1264	of P.L. 107-252 to enable participation by this state in federal financial assistance
1265	1265	programs authorized under that law. The commission secretary shall adopt the plan
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1292	1292	SECTION 47 ASSEMBLY BILL 899
1293	1293	and any modifications only after publishing a class 1 notice under ch. 985 or posting
1294	1294	on the Internet a statement describing the proposed plan or modification and
1295	1295	receiving public comment thereon. After approval of the proposed plan or any
1296	1296	modification of the plan by the commission secretary, the commission secretary shall
1297	1297	submit the proposed plan or modification to the joint committee on finance for the
1298	1298	approval of the committee. The commission secretary may adopt the proposed plan
1299	1299	or modification only if the committee approves the proposed plan or modification.
1300	1300	SECTION 48. 5.05 (11) of the statutes is amended to read:
1301	1301	5.05 (11) AIDS TO COUNTIES AND MUNICIPALITIES. From the appropriations under
1302	1302	s. 20.510 (1) 20.575 (2) (t) and (x), the commission secretary of state may provide
1303	1303	financial assistance to eligible counties and municipalities for election
1304	1304	administration costs in accordance with the plan adopted under sub. (10). As a
1305	1305	condition precedent to receipt of assistance under this subsection, the commission
1306	1306	secretary shall enter into an agreement, as prescribed by rule, with the county or
1307	1307	municipality receiving the assistance specifying the intended use of the assistance
1308	1308	and shall ensure compliance with the terms of the agreement. Each agreement shall
1309	1309	provide that if the federal government objects to the use of any assistance moneys
1310	1310	provided to the county or municipality under the agreement, the county or
1311	1311	municipality shall repay the amount of the assistance provided to the commission
1312	1312	secretary.
1313	1313	SECTION 49. 5.05 (12) of the statutes is amended to read:
1314	1314	5.05 (12) VOTER EDUCATION. The commission secretary of state may conduct or
1315	1315	prescribe requirements for educational programs to inform electors about voting
1316	1316	procedures, voting rights, and voting technology. The commission secretary shall
1317	1317	conduct an educational program for the purpose of educating electors who cast paper
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1345	1345	SECTION 49
1346	1346	ASSEMBLY BILL 899
1347	1347	ballots, ballots that are counted at a central counting location, and absentee ballots
1348	1348	of the effect of casting excess votes for a single office.
1349	1349	SECTION 50. 5.05 (13) (a) of the statutes is amended to read:
1350	1350	5.05 (13) (a) The commission secretary of state shall maintain one or more
1351	1351	toll-free telephone lines for electors to report possible voting fraud and voting rights
1352	1352	violations, to obtain general election information, and to access information
1353	1353	concerning their registration status, current polling place locations, and other
1354	1354	information relevant to voting in elections.
1355	1355	SECTION 51. 5.05 (13) (b) of the statutes is amended to read:
1356	1356	5.05 (13) (b) The commission secretary of state may maintain a free access
1357	1357	system under which an elector who votes under s. 6.96 or 6.97 may ascertain current
1358	1358	information concerning whether the elector's vote has been counted, and, if the vote
1359	1359	will not be counted, the reason that it will not be counted.
1360	1360	SECTION 52. 5.05 (13) (c) of the statutes is amended to read:
1361	1361	5.05 (13) (c) The commission secretary of state shall maintain a freely
1362	1362	accessible system under which a military elector, as defined in s. 6.34 (1), or an
1363	1363	overseas elector who casts an absentee ballot may ascertain whether the ballot has
1364	1364	been received by the appropriate municipal clerk.
1365	1365	SECTION 53. 5.05 (13) (d) (intro.) of the statutes is amended to read:
1366	1366	5.05 (13) (d) (intro.) The commission secretary of state shall designate and
1367	1367	maintain at least one freely accessible means of electronic communication which
1368	1368	shall be used for the following purposes:
1369	1369	SECTION 54. 5.05 (14) of the statutes is amended to read:
1370	1370	5.05 (14) INFORMATION FROM COUNTY AND MUNICIPAL CLERKS. (a) The commission
1371	1371	secretary of state may request information from county and municipal clerks
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1398	1398	SECTION 54 ASSEMBLY BILL 899
1399	1399	relating to election administration, performance of electronic voting systems and
1400	1400	voting machines, and use of paper ballots in elections.
1401	1401	(b) The commission office of the secretary of state shall establish a subscription
1402	1402	service whereby a person may electronically access the absentee ballot information
1403	1403	provided under s. 6.33 (5) (a), including semiweekly updates of such information.
1404	1404	(c) On election night the commission office of the secretary of state shall provide
1405	1405	a link on its Internet site website to the posting of each county's election returns on
1406	1406	each county's Internet site website.
1407	1407	SECTION 55. 5.05 (15) of the statutes is amended to read:
1408	1408	5.05 (15) REGISTRATION LIST. The commission office of the secretary of state is
1409	1409	responsible for the design and maintenance of the official registration list under s.
1410	1410	6.36. The commission secretary of state shall require all municipalities to use the
1411	1411	list in every election and may require any municipality to adhere to procedures
1412	1412	established by the commission office of the secretary of state for proper maintenance
1413	1413	of the list.
1414	1414	SECTION 56. 5.05 (16) of the statutes is amended to read:
1415	1415	5.05 (16) POLICIES AND PROCEDURES. (a) Annually, the commission office of the
1416	1416	secretary of state shall adopt written policies and procedures in order to govern its
1417	1417	internal operations and management and shall annually report such policies and
1418	1418	procedures to the appropriate standing committees of the legislature under s. 13.172
1419	1419	(3).
1420	1420	(b) Notwithstanding par. (a), the commission office of the secretary of state may
1421	1421	reconsider at any time any policy or procedure adopted as provided under par. (a).
1422	1422	If, upon reconsideration, the commission office revises a previously reported policy
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1449	1449	SECTION 56
1450	1450	ASSEMBLY BILL 899
1451	1451	or procedure, the commission office shall report the revision to the appropriate
1452	1452	standing committees of the legislature under s. 13.172 (3).
1453	1453	(c) The commission secretary of state may reconsider at any time any written
1454	1454	directives or written guidance provided to the general public or to any person subject
1455	1455	to the provisions of chs. 5 to 10 and 12 with regard to the enforcement and
1456	1456	administration of those provisions.
1457	1457	SECTION 57. 5.05 (17) of the statutes is amended to read:
1458	1458	5.05 (17) PAYMENTS. The commission office of the secretary of state may accept
1459	1459	payment by credit card, debit card, or other electronic payment mechanism for any
1460	1460	amounts owed pursuant to the administration of chs. 5 to 10 or 12, and may charge
1461	1461	a surcharge to the payer to recover charges associated with the acceptance of that
1462	1462	electronic payment.
1463	1463	SECTION 58. 5.05 (18) of the statutes is amended to read:
1464	1464	5.05 (18) ELECTRONIC POLL LISTS. The commission secretary of state may
1465	1465	facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79
1466	1466	including entering into contracts with vendors and establishing programs for
1467	1467	development and testing. The secretary of state shall report all actions taken under
1468	1468	this subsection to the standing legislative oversight committees as soon as
1469	1469	practicable after taking such actions.
1470	1470	SECTION 59. 5.055 of the statutes is amended to read:
1471	1471	5.055 Election assistance commission standards board. The commission
1472	1472	administrator secretary of state shall, in consultation with the commission, appoint
1473	1473	an individual to represent this state as a member of the federal election assistance
1474	1474	commission standards board. The administrator secretary shall also conduct and
1475	1475	supervise a process for the selection of an election official by county and municipal
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1502	1502	SECTION 59 ASSEMBLY BILL 899
1503	1503	clerks and boards of election commissioners to represent local election officials of this
1504	1504	state as a member of the federal election assistance commission standards board.
1505	1505	The administrator secretary shall ensure that the members of the federal election
1506	1506	assistance commission standards board representing this state shall at no time be
1507	1507	members of the same political party. Upon appointment or election of any new
1508	1508	member of the federal election assistance commission standards board representing
1509	1509	this state, the administrator secretary shall transmit a notice of that member's
1510	1510	appointment or election to the officer or agency designated by federal law.
1511	1511	SECTION 60. 5.056 of the statutes is amended to read:
1512	1512	5.056 Matching program with secretary of transportation. The
1513	1513	commission administrator secretary of state shall enter into the agreement with the
1514	1514	secretary of transportation specified under s. 85.61 (1) to match personally
1515	1515	identifiable information on the official registration list maintained by the
1516	1516	commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
1517	1517	(2m) with personally identifiable information maintained by the department of
1518	1518	transportation.
1519	1519	SECTION 61. 5.06 (1) of the statutes is amended to read:
1520	1520	5.06 (1) Whenever any elector of a jurisdiction or district served by an election
1521	1521	official believes that a decision or action of the official or the failure of the official to
1522	1522	act with respect to any matter concerning nominations, qualifications of candidates,
1523	1523	voting qualifications, including residence, ward division and numbering, recall,
1524	1524	ballot preparation, election administration or conduct of elections is contrary to law,
1525	1525	or the official has abused the discretion vested in him or her by law with respect to
1526	1526	any such matter, the elector may file a written sworn complaint with the commission
1527	1527	secretary of state requesting that the official be required to conform his or her
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1555	1555	SECTION 61
1556	1556	ASSEMBLY BILL 899
1557	1557	conduct to the law, be restrained from taking any action inconsistent with the law
1558	1558	or be required to correct any action or decision inconsistent with the law or any abuse
1559	1559	of the discretion vested in him or her by law. The complaint shall set forth such facts
1560	1560	as are within the knowledge of the complainant to show probable cause to believe
1561	1561	that a violation of law or abuse of discretion has occurred or will occur. The complaint
1562	1562	may be accompanied by relevant supporting documents. The commission secretary
1563	1563	may conduct a hearing on the matter in the manner prescribed for treatment of
1564	1564	contested cases under ch. 227 if it he or she believes such action to be appropriate.
1565	1565	SECTION 62. 5.06 (2) of the statutes is amended to read:
1566	1566	5.06 (2) No person who is authorized to file a complaint under sub. (1), other
1567	1567	than the attorney general or a district attorney, may commence an action or
1568	1568	proceeding to test the validity of any decision, action, or failure to act on the part of
1569	1569	any election official with respect to any matter specified in sub. (1) without first filing
1570	1570	a complaint under sub. (1), nor prior to disposition of the complaint by the
1571	1571	commission secretary of state. A complaint is deemed disposed of if the commission
1572	1572	secretary fails to transmit an acknowledgment of receipt of the complaint within 5
1573	1573	business days from the date of its receipt or if the commission secretary concludes
1574	1574	its an investigation without a formal decision.
1575	1575	SECTION 63. 5.06 (4) of the statutes is amended to read:
1576	1576	5.06 (4) The commission may, on its own motion, secretary of state shall
1577	1577	investigate and determine whether any election official, with respect to any matter
1578	1578	concerning nominations, qualifications of candidates, voting qualifications,
1579	1579	including residence, ward division and numbering, recall, ballot preparation,
1580	1580	election administration or conduct of elections, has failed to comply with the law or
1581	1581	abused the discretion vested in him or her by law or proposes to do so.
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1608	1608	SECTION 64 ASSEMBLY BILL 899
1609	1609	SECTION 64. 5.06 (5) of the statutes is amended to read:
1610	1610	5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion at
1611	1611	his or her discretion, the commission secretary of state may order any election official
1612	1612	to immediately transfer to its his or her possession any original documents in the
1613	1613	custody of the official which the commission secretary finds to be necessary and
1614	1614	relevant to permit review of compliance with the laws concerning nominations,
1615	1615	qualifications of candidates, ward division and numbering, recall or ballot
1616	1616	preparation or the proper administration of such laws.
1617	1617	SECTION 65. 5.06 (6) of the statutes is amended to read:
1618	1618	5.06 (6) The commission may secretary of state shall, after such investigation
1619	1619	as it the secretary deems appropriate, summarily decide the matter before it the
1620	1620	secretary and, by order, require any election official to conform his or her conduct to
1621	1621	the law, restrain an official from taking any action inconsistent with the law or
1622	1622	require an official to correct any action or decision inconsistent with the law. The
1623	1623	commission secretary shall immediately transmit a copy of the order to the official.
1624	1624	An order issued under this subsection is effective immediately or at such later time
1625	1625	as may be specified in the order.
1626	1626	SECTION 66. 5.06 (7) of the statutes is amended to read:
1627	1627	5.06 (7) The commission secretary of state may withdraw, modify, or correct an
1628	1628	order issued under sub. (6) within a timely period if it the secretary finds such action
1629	1629	to be appropriate.
1630	1630	SECTION 67. 5.06 (8) of the statutes is amended to read:
1631	1631	5.06 (8) Any election official or complainant who is aggrieved by an order issued
1632	1632	under sub. (6) may appeal the decision of the commission secretary of state to circuit
1633	1633	court for the county where the official conducts business or the complainant resides
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1661	1661	SECTION 67
1662	1662	ASSEMBLY BILL 899
1663	1663	no later than 30 days after issuance of the order. Pendency of an appeal does not stay
1664	1664	the effect of an order unless the court so orders.
1665	1665	SECTION 68. 5.06 (9) of the statutes is amended to read:
1666	1666	5.06 (9) The court may not conduct a de novo proceeding with respect to any
1667	1667	findings of fact or factual matters upon which the commission secretary of state has
1668	1668	made a determination, or could have made a determination if the parties had
1669	1669	properly presented the disputed matters to the commission secretary for its his or her
1670	1670	consideration. The court shall summarily hear and determine all contested issues
1671	1671	of law and shall affirm, reverse or modify the determination of the commission
1672	1672	secretary, according due weight to the experience, technical competence, and
1673	1673	specialized knowledge of the commission secretary, pursuant to the applicable
1674	1674	standards for review of agency decisions under s. 227.57.
1675	1675	SECTION 69. 5.061 (1) of the statutes is amended to read:
1676	1676	5.061 (1) Whenever any person believes that a violation of Title III of P.L.
1677	1677	107-252 has occurred, is occurring, or is proposed to occur with respect to an election
1678	1678	for national office in this state, that person may file a written, verified complaint with
1679	1679	the commission secretary of state.
1680	1680	SECTION 70. 5.061 (2) of the statutes is amended to read:
1681	1681	5.061 (2) If the commission secretary of state receives more than one complaint
1682	1682	under sub. (1) relating to the same subject matter, the commission secretary may
1683	1683	consolidate the complaints for purposes of this section.
1684	1684	SECTION 71. 5.061 (3) of the statutes is amended to read:
1685	1685	5.061 (3) A complainant under sub. (1) or any of the complainants in a
1686	1686	consolidated complaint under sub. (2) may request a hearing and the matter shall
1687	1687	then be treated as a contested case under ch. 227, except that the commission
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1714	1714	SECTION 71 ASSEMBLY BILL 899
1715	1715	secretary of state shall make a final determination with respect to the merits of the
1716	1716	complaint and issue a decision within 89 days of the time that the complaint or the
1717	1717	earliest of any complaints was filed, unless the complainant, or each of any
1718	1718	complainants whose complaints are consolidated, consents to a specified longer
1719	1719	period.
1720	1720	SECTION 72. 5.061 (4) of the statutes is amended to read:
1721	1721	5.061 (4) If the commission secretary of state finds the complaint to be without
1722	1722	merit, it the secretary shall issue a decision dismissing the complaint. If the
1723	1723	commission secretary finds that the violation alleged in the complaint has occurred,
1724	1724	is occurring, or is proposed to occur, the commission secretary shall order appropriate
1725	1725	relief, except that the commission secretary shall not issue any order under this
1726	1726	subsection affecting the right of any person to hold an elective office or affecting the
1727	1727	canvass of an election on or after the date of that election.
1728	1728	SECTION 73. 5.25 (4) of the statutes is amended to read:
1729	1729	5.25 (4) (a) Each polling place shall be accessible to all individuals with
1730	1730	disabilities. The commission secretary of state shall ensure that the voting system
1731	1731	used at each polling place will permit all individuals with disabilities to vote without
1732	1732	the need for assistance and with the same degree of privacy that is accorded to
1733	1733	nondisabled electors voting at the same polling place. This paragraph does not apply
1734	1734	to any individual who is disqualified from voting under s. 6.03 (1) (a).
1735	1735	(b) In any jurisdiction that is subject to the requirement under 42 USC
1736	1736	1973aa-1a to provide voting materials in any language other than English, the
1737	1737	commission secretary of state shall ensure that the voting system used at each
1738	1738	polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.
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1765	1765	SECTION 73
1766	1766	ASSEMBLY BILL 899
1767	1767	(d) No later than June 30 of each odd-numbered year, the commission office of
1768	1768	the secretary of state shall submit a report on impediments to voting faced by elderly
1769	1769	and handicapped individuals to the appropriate standing committees of the
1770	1770	legislature under s. 13.172 (3). In preparing its report under this paragraph, the
1771	1771	commission office shall consult with appropriate advocacy groups representing the
1772	1772	elderly and handicapped populations.
1773	1773	SECTION 74. 5.35 (6) (a) 2m. of the statutes is amended to read:
1774	1774	5.35 (6) (a) 2m. General information prescribed by the commission secretary
1775	1775	of state on federal laws relating to election fraud and misrepresentation in federal
1776	1776	elections.
1777	1777	SECTION 75. 5.35 (6) (a) 4a. of the statutes is amended to read:
1778	1778	5.35 (6) (a) 4a. Instructions prescribed by the commission secretary of state for
1779	1779	electors for whom proof of identification is required under s. 6.79 (2) or for whom
1780	1780	proof of residence under s. 6.34 is required under s. 6.55 (2).
1781	1781	SECTION 76. 5.35 (6) (a) 4b. of the statutes is amended to read:
1782	1782	5.35 (6) (a) 4b. General information prescribed by the commission secretary of
1783	1783	state concerning voting rights under applicable state and federal laws, including the
1784	1784	method of redress for any alleged violations of those rights.
1785	1785	SECTION 77. 5.35 (6) (a) 5. of the statutes is amended to read:
1786	1786	5.35 (6) (a) 5. Any other voting information directed to be posted by the
1787	1787	commission secretary of state.
1788	1788	SECTION 78. 5.35 (6) (b) of the statutes is amended to read:
1789	1789	5.35 (6) (b) At each polling place in the state where a consolidated ballot under
1790	1790	s. 5.655 is used or an electronic voting system is utilized at a partisan primary
1791	1791	election incorporating a ballot upon which electors may mark votes for candidates
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1818	1818	SECTION 78 ASSEMBLY BILL 899
1819	1819	of more than one recognized political party, the municipal clerk or board of election
1820	1820	commissioners shall prominently post a sign in the form prescribed by the
1821	1821	commission secretary of state warning electors in substance that on any ballot with
1822	1822	votes cast for candidates of more than one recognized political party, no votes cast for
1823	1823	any candidates for partisan office will be counted unless a preference for a party is
1824	1824	made. If the elector designates a preference, only votes cast for candidates of that
1825	1825	preference will be counted.
1826	1826	SECTION 79. 5.40 (5m) of the statutes is amended to read:
1827	1827	5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality
1828	1828	which uses voting machines or an electronic voting system may petition the
1829	1829	commission secretary of state for permission to use paper ballots and voting booths
1830	1830	for a specific election, and the commission secretary may grant such a request.
1831	1831	SECTION 80. 5.40 (7) of the statutes is amended to read:
1832	1832	5.40 (7) Whenever a municipality adopts and purchases voting machines or an
1833	1833	electronic voting system, or adopts and purchases a different type of voting machine
1834	1834	or electronic voting system from the type it was previously using, the municipal clerk
1835	1835	or executive director of the municipal board of election commissioners shall promptly
1836	1836	notify the county clerk or executive director of the county board of election
1837	1837	commissioners and the administrator of the elections commission secretary of state
1838	1838	in writing.
1839	1839	SECTION 81. 5.51 (6) of the statutes is amended to read:
1840	1840	5.51 (6) All candidates' names for the same office shall be placed, projected or
1841	1841	composed on the ballot in the same size, style and color of type. The style and size
1842	1842	of type shall conform substantially to the official ballot forms prescribed by the
1843	1843	commission secretary of state under s. 7.08 (1) (a).
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1871	1871	SECTION 82
1872	1872	ASSEMBLY BILL 899
1873	1873	SECTION 82. 5.51 (8) of the statutes is amended to read:
1874	1874	5.51 (8) Unless otherwise specifically provided, the form of all ballots shall
1875	1875	conform to the ballot forms prescribed by the commission secretary of state under s.
1876	1876	7.08 (1) (a).
1877	1877	SECTION 83. 5.58 (1b) (bm) of the statutes is amended to read:
1878	1878	5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged
1879	1879	by the municipal clerk, using the same method as that used by the commission
1880	1880	secretary of state under s. 5.60 (1) (b).
1881	1881	SECTION 84. 5.58 (1b) (cm) of the statutes is amended to read:
1882	1882	5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange
1883	1883	the ballot in accordance with the form prescribed by the commission secretary of
1884	1884	state under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and
1885	1885	(6), insofar as possible.
1886	1886	SECTION 85. 5.58 (2) of the statutes is amended to read:
1887	1887	5.58 (2) STATE SUPERINTENDENT OF PUBLIC INSTRUCTION; JUDICIARY; COUNTY
1888	1888	EXECUTIVE; COUNTY COMPTROLLER; AND COUNTY SUPERVISORS. There shall be one
1889	1889	separate ballot for state superintendent, judicial officers, county executive under s.
1890	1890	59.17, and county supervisor, except as authorized in s. 5.655. In counties having a
1891	1891	population of 750,000 or more, the ballot shall also include the office of comptroller
1892	1892	and those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of
1893	1893	candidates for state superintendent, justice, court of appeals judge, and circuit court
1894	1894	judge shall be determined by the commission secretary of state in the manner
1895	1895	specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county
1896	1896	executive, county comptroller, and county supervisor shall be determined by the
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1922	1922	SECTION 85 ASSEMBLY BILL 899
1923	1923	county clerk or by the executive director of the county board of election
1924	1924	commissioners in the manner specified in s. 5.60 (1) (b).
1925	1925	SECTION 86. 5.58 (2m) of the statutes is amended to read:
1926	1926	5.58 (2m) METROPOLITAN SEWERAGE COMMISSION. Except as authorized in s.
1927	1927	5.655, there shall be a separate ballot for members of the metropolitan sewerage
1928	1928	commission if commissioners are elected under s. 200.09 (11) (am), with candidates
1929	1929	for different seats listed in separate columns or rows if more than one seat is
1930	1930	contested at any election. Arrangement of the names on the ballot shall be
1931	1931	determined by the elections commission secretary of state.
1932	1932	SECTION 87. 5.60 (1) (b) of the statutes is amended to read:
1933	1933	5.60 (1) (b) The elections commission secretary of state shall certify the
1934	1934	candidates' names and designate the official ballot arrangement for candidates for
1935	1935	state superintendent, justice, court of appeals judge, and for circuit judge and for
1936	1936	metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am).
1937	1937	The arrangement of names of all candidates on the ballot whose nomination papers
1938	1938	are filed with the elections commission secretary of state shall be determined by the
1939	1939	elections commission secretary by the drawing of lots not later than the 2nd Tuesday
1940	1940	in January, or the next day if the first Tuesday is a holiday. Whenever a primary is
1941	1941	held for an office, a 2nd drawing of all candidates for that office shall be held by or
1942	1942	under the supervision of the elections commission secretary of state not later than
1943	1943	the 3rd day following the completion of the primary canvass to determine the
1944	1944	arrangement of candidates on the election ballot.
1945	1945	SECTION 88. 5.60 (3) (ag) of the statutes is amended to read:
1946	1946	5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
1947	1947	giving the names of all candidates for city offices, printed in the same form as
1948	1948	1
1949	1949	2
1950	1950	3
1951	1951	4
1952	1952	5
1953	1953	6
1954	1954	7
1955	1955	8
1956	1956	9
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1959	1959	12
1960	1960	13
1961	1961	14
1962	1962	15
1963	1963	16
1964	1964	17
1965	1965	18
1966	1966	19
1967	1967	20
1968	1968	21
1969	1969	22
1970	1970	23
1971	1971	24
1972	1972	25 - 39 -2023 - 2024 Legislature
1973	1973	LRB-4270/2
1974	1974	JK:cdc
1975	1975	SECTION 88
1976	1976	ASSEMBLY BILL 899
1977	1977	prescribed by the commission secretary of state under s. 7.08 (1) (a). City election
1978	1978	ballots may vary in form to conform to the law under which an election is held.
1979	1979	SECTION 89. 5.60 (5) (ar) of the statutes is amended to read:
1980	1980	5.60 (5) (ar) The offices to be filled shall be arranged on the official ballot in the
1981	1981	order they are named in the statutes creating them. The names of the candidates
1982	1982	shall be arranged by using the same method as that used by the commission
1983	1983	secretary of state under sub. (1) (b). Sufficient space shall be left under each office
1984	1984	for write-in candidates.
1985	1985	SECTION 90. 5.60 (6) (a) of the statutes is amended to read:
1986	1986	5.60 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot
1987	1987	giving the names of all candidates for elective town offices in the form prescribed by
1988	1988	the commission secretary of state under s. 7.08 (1) (a). There shall be 2 ballot forms.
1989	1989	One ballot form shall be used for the election of supervisors to numbered seats and
1990	1990	one ballot form shall be used for the election of supervisors to unnumbered seats. On
1991	1991	the ballot used for the election of supervisors to unnumbered seats, all supervisor
1992	1992	candidates shall be listed together and the voting instructions shall state “Vote for
1993	1993	not more than.... [insert number of supervisors to be elected] candidates". All towns
1994	1994	shall elect their supervisors to unnumbered seats unless the annual town meeting
1995	1995	adopts a plan to elect supervisors to numbered seats. The names of candidates for
1996	1996	town office shall be arranged by using the same method as that used by the
1997	1997	commission secretary of state under sub. (1) (b). A space shall be provided under each
1998	1998	office on the ballot for a write-in candidate.
1999	1999	SECTION 91. 5.60 (8) (am) of the statutes is amended to read:
2000	2000	5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot
2001	2001	for each recognized political party filing a certification under s. 8.12 (1), listing the
2002	2002	1
2003	2003	2
2004	2004	3
2005	2005	4
2006	2006	5
2007	2007	6
2008	2008	7
2009	2009	8
2010	2010	9
2011	2011	10
2012	2012	11
2013	2013	12
2014	2014	13
2015	2015	14
2016	2016	15
2017	2017	16
2018	2018	17
2019	2019	18
2020	2020	19
2021	2021	20
2022	2022	21
2023	2023	22
2024	2024	23
2025	2025	24
2026	2026	25 - 40 -2023 - 2024 Legislature LRB-4270/2
2027	2027	JK:cdc
2028	2028	SECTION 91 ASSEMBLY BILL 899
2029	2029	names of all potential candidates of that party determined under s. 8.12 and
2030	2030	affording, in addition, an opportunity to the voter to nominate another potential
2031	2031	candidate by write-in vote or to vote for an uninstructed delegation to the party
2032	2032	convention. The order of presidential candidates on the ballot shall be determined
2033	2033	by lot by or under the supervision of the commission secretary of state. Each voter
2034	2034	shall be given the ballots of all the parties participating in the presidential
2035	2035	preference vote, but may vote on one ballot only.
2036	2036	SECTION 92. 5.62 (1) (a) of the statutes is amended to read:
2037	2037	5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
2038	2038	the nomination of candidates of recognized political parties for national, state, and
2039	2039	county offices and independent candidates for state office in each ward, in the same
2040	2040	form as prescribed by the commission secretary of state under s. 7.08 (1) (a), except
2041	2041	as authorized in s. 5.655. The ballots shall be made up of the several party tickets
2042	2042	with each party entitled to participate in the primary under par. (b) or sub. (2) having
2043	2043	its own ballot, except as authorized in s. 5.655. The ballots shall be secured together
2044	2044	at the bottom. The party ballot of the party receiving the most votes for president
2045	2045	or governor at the last general election shall be on top with the other parties arranged
2046	2046	in descending order based on their vote for president or governor at the last general
2047	2047	election. The ballots of parties qualifying under sub. (2) shall be placed after the
2048	2048	parties qualifying under par. (b), in the same order in which the parties filed petitions
2049	2049	with the commission secretary of state. Any ballot required under par. (b) 2. shall
2050	2050	be placed next in order. At polling places where voting machines are used, each party
2051	2051	shall be represented in one or more separate columns or rows on the ballot. At polling
2052	2052	places where an electronic voting system is used other than an electronic voting
2053	2053	machine, each party may be represented in separate columns or rows on the ballot.
2054	2054	1
2055	2055	2
2056	2056	3
2057	2057	4
2058	2058	5
2059	2059	6
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2068	2068	15
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2072	2072	19
2073	2073	20
2074	2074	21
2075	2075	22
2076	2076	23
2077	2077	24
2078	2078	25 - 41 -2023 - 2024 Legislature
2079	2079	LRB-4270/2
2080	2080	JK:cdc
2081	2081	SECTION 93
2082	2082	ASSEMBLY BILL 899
2083	2083	SECTION 93. 5.62 (1) (b) 1. of the statutes is amended to read:
2084	2084	5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every
2085	2085	recognized political party listed on the official ballot at the last gubernatorial election
2086	2086	whose candidate for any statewide office received at least 1 percent of the total votes
2087	2087	cast for that office and, if the last general election was also a presidential election,
2088	2088	every recognized political party listed on the ballot at that election whose candidate
2089	2089	for president received at least 1 percent of the total vote cast for that office shall have
2090	2090	a separate primary ballot or one or more separate columns or rows on the primary
2091	2091	ballot as prescribed in par. (a) and a separate column on the general election ballot
2092	2092	in every ward and election district. An organization which was listed as
2093	2093	“independent" at the last general election and whose candidate meets the same
2094	2094	qualification shall receive the same ballot status upon petition of the chairperson
2095	2095	and secretary of the organization to the commission secretary of state requesting
2096	2096	such status and specifying their party name, which may not duplicate the name of
2097	2097	an existing party. A petition under this subdivision may be filed no later than 5 p.m.
2098	2098	on April 1 in the year of each general election.
2099	2099	SECTION 94. 5.62 (2) (a) of the statutes is amended to read:
2100	2100	5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
2101	2101	organization may be represented on a separate primary ballot or in one or more
2102	2102	separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
2103	2103	a separate column on the general election ballot in every ward and election district.
2104	2104	To qualify for a separate ballot under this paragraph, the political organization shall,
2105	2105	not later than 5 p.m. on April 1 in the year of the partisan primary, file with the
2106	2106	commission secretary of state a petition requesting separate ballot status. The
2107	2107	petition shall be signed by at least 10,000 electors, including at least 1,000 electors
2108	2108	1
2109	2109	2
2110	2110	3
2111	2111	4
2112	2112	5
2113	2113	6
2114	2114	7
2115	2115	8
2116	2116	9
2117	2117	10
2118	2118	11
2119	2119	12
2120	2120	13
2121	2121	14
2122	2122	15
2123	2123	16
2124	2124	17
2125	2125	18
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2127	2127	20
2128	2128	21
2129	2129	22
2130	2130	23
2131	2131	24
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2133	2133	JK:cdc
2134	2134	SECTION 94 ASSEMBLY BILL 899
2135	2135	residing in each of at least 3 separate congressional districts. The petition shall
2136	2136	conform to the requirements of s. 8.40. No signature obtained before January 1 in
2137	2137	the year of filing is valid. When the candidates of a political organization filing a
2138	2138	valid petition fulfill the requirements prescribed by law, they shall appear on a
2139	2139	separate ballot or one or more separate columns or rows on the ballot for the period
2140	2140	ending with the following general election.
2141	2141	SECTION 95. 5.62 (3) of the statutes is amended to read:
2142	2142	5.62 (3) The commission secretary of state shall designate the official primary
2143	2143	ballot arrangement for statewide offices and district attorney within each
2144	2144	prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On
2145	2145	each ballot and on each separate column or row on the ballot, the candidates for office
2146	2146	shall be listed together with the offices which they seek in the following order
2147	2147	whenever these offices appear on the partisan primary ballot: governor, lieutenant
2148	2148	governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S.
2149	2149	representative in congress, state senator, representative to the assembly, district
2150	2150	attorney, and the county offices.
2151	2151	SECTION 96. 5.62 (4) (ar) of the statutes is amended to read:
2152	2152	5.62 (4) (ar) Within a county the county clerk shall arrange the names of all
2153	2153	candidates filing nomination papers with the clerk's office using the same method as
2154	2154	that used by the commission secretary of state under s. 5.60 (1) (b).
2155	2155	SECTION 97. 5.62 (4) (b) of the statutes is amended to read:
2156	2156	5.62 (4) (b) The county board of election commissioners in counties having a
2157	2157	population of more than 750,000 shall prepare the official primary ballot. The
2158	2158	commissioners shall arrange the names of all candidates for each office whose
2159	2159	1
2160	2160	2
2161	2161	3
2162	2162	4
2163	2163	5
2164	2164	6
2165	2165	7
2166	2166	8
2167	2167	9
2168	2168	10
2169	2169	11
2170	2170	12
2171	2171	13
2172	2172	14
2173	2173	15
2174	2174	16
2175	2175	17
2176	2176	18
2177	2177	19
2178	2178	20
2179	2179	21
2180	2180	22
2181	2181	23
2182	2182	24 - 43 -2023 - 2024 Legislature
2183	2183	LRB-4270/2
2184	2184	JK:cdc
2185	2185	SECTION 97
2186	2186	ASSEMBLY BILL 899
2187	2187	nomination papers are filed at the county level, using the same method as that used
2188	2188	by the elections commission secretary of state under s. 5.60 (1) (b).
2189	2189	SECTION 98. 5.64 (1) (ag) of the statutes is amended to read:
2190	2190	5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
2191	2191	giving the names of all candidates for president and vice president and for statewide,
2192	2192	congressional, legislative, and county offices in the same form as prescribed by the
2193	2193	commission secretary of state under s. 7.08 (1) (a).
2194	2194	SECTION 99. 5.64 (1) (b) of the statutes is amended to read:
2195	2195	5.64 (1) (b) The names of the candidates for the offices of president and vice
2196	2196	president that are certified under s. 8.16 (7) or that are contained in nomination
2197	2197	papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08
2198	2198	(2) (a). The names of the candidates on the regular party tickets nominated at the
2199	2199	primary or replacements appointed under s. 8.35 (2) shall appear in a separate
2200	2200	column under the party designation. The columns shall be arranged from left to right
2201	2201	according to rank, based on the number of votes received by each party's candidate
2202	2202	for president or governor at the last general election beginning with the party that
2203	2203	received the most votes. To the right of the columns for parties qualifying under s.
2204	2204	5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the
2205	2205	same order in which the parties filed petitions with the commission secretary of
2206	2206	state. Any column required under par. (e) 2. shall be placed next in order. To the right
2207	2207	of the party columns shall be a column for the names of independent candidates for
2208	2208	each office, or more than one column if the first column does not provide sufficient
2209	2209	space for the names of all such candidates.
2210	2210	SECTION 100. 5.64 (1) (es) of the statutes is amended to read:
2211	2211	1
2212	2212	2
2213	2213	3
2214	2214	4
2215	2215	5
2216	2216	6
2217	2217	7
2218	2218	8
2219	2219	9
2220	2220	10
2221	2221	11
2222	2222	12
2223	2223	13
2224	2224	14
2225	2225	15
2226	2226	16
2227	2227	17
2228	2228	18
2229	2229	19
2230	2230	20
2231	2231	21
2232	2232	22
2233	2233	23
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2235	2235	JK:cdc
2236	2236	SECTION 100 ASSEMBLY BILL 899
2237	2237	5.64 (1) (es) The party candidates shall be arranged consecutively from top to
2238	2238	bottom based on the number of votes received by their party's candidate for governor
2239	2239	at the last election beginning with the party that received the most votes. The
2240	2240	independent president-vice president candidates shall be listed together in an order
2241	2241	drawn by lot by or under supervision of the commission secretary of state, following
2242	2242	under the party candidates. Along with the names of the independent candidates
2243	2243	shall appear the party or principle of the candidates, if any, in 5 words or less, as
2244	2244	shown on their nomination papers. Following under the independent candidates, a
2245	2245	space shall be left for writing in the names of a candidate for president and vice
2246	2246	president.
2247	2247	SECTION 101. 5.64 (2) of the statutes is amended to read:
2248	2248	5.64 (2) REFERENDUM BALLOT. (am) There shall be a separate ballot when any
2249	2249	proposed constitutional amendment or any other measure or question is submitted
2250	2250	to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise
2251	2251	statement of each question in accordance with the act or resolution directing
2252	2252	submission in the same form as prescribed by the commission secretary of state
2253	2253	under s. 7.08 (1) (a). The question may not be worded in such a manner as to require
2254	2254	a negative vote to approve a proposition or an affirmative vote to disapprove a
2255	2255	proposition. Unless otherwise expressly provided, this ballot form shall be used at
2256	2256	all elections when questions are submitted to a vote of the people.
2257	2257	(c) The official referendum ballot prescribed under this subsection shall be
2258	2258	utilized at every election, except that the format shall be altered to the extent
2259	2259	provided or required by other laws establishing or authorizing referenda to be
2260	2260	conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate
2261	2261	ballot, but more than one referendum question may appear on the same referendum
2262	2262	1
2263	2263	2
2264	2264	3
2265	2265	4
2266	2266	5
2267	2267	6
2268	2268	7
2269	2269	8
2270	2270	9
2271	2271	10
2272	2272	11
2273	2273	12
2274	2274	13
2275	2275	14
2276	2276	15
2277	2277	16
2278	2278	17
2279	2279	18
2280	2280	19
2281	2281	20
2282	2282	21
2283	2283	22
2284	2284	23
2285	2285	24
2286	2286	25 - 45 -2023 - 2024 Legislature
2287	2287	LRB-4270/2
2288	2288	JK:cdc
2289	2289	SECTION 101
2290	2290	ASSEMBLY BILL 899
2291	2291	ballot whenever the questions are numbered and all electors voting the ballot are
2292	2292	entitled to vote upon all questions appearing thereon. When more than one state
2293	2293	referendum is placed on the same ballot, the commission secretary of state shall
2294	2294	number the questions in chronological sequence. If the legislature submits questions
2295	2295	on different dates, the commission secretary of state shall number the questions
2296	2296	sequentially based on the date on which the questions are submitted by the
2297	2297	legislature. Except as authorized in s. 5.655, state and county referenda shall appear
2298	2298	on a separate ballot from municipal or special district referenda. The form of all
2299	2299	referendum ballots shall be substantially the same as that prescribed by the
2300	2300	commission secretary of state under s. 7.08 (1) (a).
2301	2301	SECTION 102. 5.655 (3) of the statutes is amended to read:
2302	2302	5.655 (3) The commission secretary of state shall prescribe notices and
2303	2303	instructions to be given to electors who use a ballot that is authorized under sub. (2)
2304	2304	in lieu of any notices and instructions that are applicable only to municipalities
2305	2305	employing separate paper ballots.
2306	2306	SECTION 103. 5.72 of the statutes is amended to read:
2307	2307	5.72 Correcting ballot errors. (1) As soon as possible after ballots are
2308	2308	delivered to the county clerk or to the municipal clerk if the municipality is preparing
2309	2309	ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a
2310	2310	state or national office or statewide referendum, the county or municipal clerk
2311	2311	preparing the ballots shall submit one copy of each ballot to the commission secretary
2312	2312	of state for review of possible errors. If the contractor preparing the ballots supplies
2313	2313	proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs
2314	2314	in lieu of actual ballots. If a voting machine ballot or other ballot combining local
2315	2315	candidates or referenda with state or national candidates or referenda is used, the
2316	2316	1
2317	2317	2
2318	2318	3
2319	2319	4
2320	2320	5
2321	2321	6
2322	2322	7
2323	2323	8
2324	2324	9
2325	2325	10
2326	2326	11
2327	2327	12
2328	2328	13
2329	2329	14
2330	2330	15
2331	2331	16
2332	2332	17
2333	2333	18
2334	2334	19
2335	2335	20
2336	2336	21
2337	2337	22
2338	2338	23
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2341	2341	JK:cdc
2342	2342	SECTION 103 ASSEMBLY BILL 899
2343	2343	entire ballot shall be submitted, but if ballots intended for distribution to electors are
2344	2344	used, only those ballots relating to state or national offices and statewide referenda
2345	2345	need be submitted. This subsection does not require delay of ballot distribution or
2346	2346	mailing of absentee ballots.
2347	2347	(2) The commission secretary of state shall review ballots and proof copies
2348	2348	submitted under sub. (1) and shall notify the county and municipal clerk of any error
2349	2349	as soon as possible but in no event later than 7 days after submission. The clerk is
2350	2350	not required to correct a ballot error upon receipt of notice of the error, unless ordered
2351	2351	to do so under sub. (3) or s. 5.06 (6).
2352	2352	(3) Whenever an affidavit is filed by the commission secretary of state or any
2353	2353	elector alleging an error or omission in the preparation of a ballot, the circuit court
2354	2354	for the county where the ballot is proposed to be used or its presiding judge, by order,
2355	2355	may summarily require a county or municipal clerk to correct the error, or show
2356	2356	cause why it should not be corrected and, by order, after the hearing, have the
2357	2357	correction made.
2358	2358	SECTION 104. 5.83 of the statutes is amended to read:
2359	2359	5.83 Preparation for use of voting devices; comparison of ballots.
2360	2360	Where voting devices are used at a polling place, the municipal clerk shall cause the
2361	2361	voting devices to be put in order, set, adjusted, and made ready for voting when
2362	2362	delivered to the polling place. Before the opening of the polls the inspectors shall
2363	2363	compare the ballots used in the voting devices with the sample ballots furnished and
2364	2364	see that the names, numbers, and letters thereon agree and shall certify thereto on
2365	2365	forms provided by the commission secretary of state.
2366	2366	SECTION 105. 5.87 (2) of the statutes is amended to read:
2367	2367	1
2368	2368	2
2369	2369	3
2370	2370	4
2371	2371	5
2372	2372	6
2373	2373	7
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2390	2390	24 - 47 -2023 - 2024 Legislature
2391	2391	LRB-4270/2
2392	2392	JK:cdc
2393	2393	SECTION 105
2394	2394	ASSEMBLY BILL 899
2395	2395	5.87 (2) The commission secretary of state shall, by rule, prescribe uniform
2396	2396	standards for determining the validity of votes cast or attempted to be cast with each
2397	2397	electronic voting system approved for use in this state under s. 5.91. The rules shall
2398	2398	apply only to situations that may arise in which the validity of a vote or attempted
2399	2399	vote cast by an elector utilizing a particular system cannot be determined under s.
2400	2400	7.50.
2401	2401	SECTION 106. 5.905 (2) of the statutes is amended to read:
2402	2402	5.905 (2) The commission secretary of state shall determine which software
2403	2403	components of an electronic voting system it he or she considers to be necessary to
2404	2404	enable review and verification of the accuracy of the automatic tabulating equipment
2405	2405	used to record and tally the votes cast with the system. The commission secretary
2406	2406	shall require each vendor of an electronic voting system that is approved under s.
2407	2407	5.91 to place those software components in escrow with the commission secretary
2408	2408	within 90 days of the date of approval of the system and within 10 days of the date
2409	2409	of any subsequent change in the components. The commission secretary shall secure
2410	2410	and maintain those software components in strict confidence except as authorized
2411	2411	in this section. Unless authorized under this section, the commission secretary shall
2412	2412	withhold access to those software components from any person who requests access
2413	2413	under s. 19.35 (1). The secretary of state shall promulgate rules for the
2414	2414	administration of this subsection.
2415	2415	SECTION 107. 5.905 (3) of the statutes is amended to read:
2416	2416	5.905 (3) The commission secretary of state shall promulgate rules to ensure
2417	2417	the security, review, and verification of software components used with each
2418	2418	electronic voting system approved by the commission secretary. The verification
2419	2419	procedure shall include a determination that the software components correspond
2420	2420	1
2421	2421	2
2422	2422	3
2423	2423	4
2424	2424	5
2425	2425	6
2426	2426	7
2427	2427	8
2428	2428	9
2429	2429	10
2430	2430	11
2431	2431	12
2432	2432	13
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2434	2434	15
2435	2435	16
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2446	2446	SECTION 107 ASSEMBLY BILL 899
2447	2447	to the instructions actually used by the system to count votes. The secretary shall
2448	2448	report all findings under this subsection to the standing legislative oversight
2449	2449	committees as soon as practicable after completion of the verification procedure.
2450	2450	SECTION 108. 5.905 (4) of the statutes is amended to read:
2451	2451	5.905 (4) If a valid petition for a recount is filed under s. 9.01 in an election at
2452	2452	which an electronic voting system was used to record and tally the votes cast, each
2453	2453	party to the recount may designate one or more persons who are authorized to receive
2454	2454	access to the software components that were used to record and tally the votes in the
2455	2455	election. The commission secretary of state shall grant access to the software
2456	2456	components to each designated person if, before receiving access, the person enters
2457	2457	into a written agreement with the commission secretary that obligates the person to
2458	2458	exercise the highest degree of reasonable care to maintain the confidentially of all
2459	2459	proprietary information to which the person is provided access, unless otherwise
2460	2460	permitted in a contract entered into under sub. (5).
2461	2461	SECTION 109. 5.91 (intro.) of the statutes is amended to read:
2462	2462	5.91 Requisites for approval of ballots, devices and equipment. (intro.)
2463	2463	No ballot, voting device, automatic tabulating equipment, or related equipment and
2464	2464	materials to be used in an electronic voting system may be utilized in this state
2465	2465	unless it is certified by the commission secretary of state. The commission secretary
2466	2466	may revoke its his or her certification of any ballot, device, equipment, or materials
2467	2467	at any time for cause. The commission secretary may certify any such voting device,
2468	2468	automatic tabulating equipment, or related equipment or materials regardless of
2469	2469	whether any such item is approved by the federal election assistance commission,
2470	2470	but the commission secretary of state may not certify any ballot, device, equipment,
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2497	2497	SECTION 109
2498	2498	ASSEMBLY BILL 899
2499	2499	or material to be used in an electronic voting system unless it fulfills the following
2500	2500	requirements:
2501	2501	SECTION 110. 5.93 of the statutes is repealed.
2502	2502	SECTION 111. 5.95 of the statutes is amended to read:
2503	2503	5.95 Elector information. The commission secretary of state shall prescribe
2504	2504	information to electors in municipalities and counties using various types of
2505	2505	electronic voting systems to be published in lieu of the information specified in s.
2506	2506	10.02 (3) in type B notices whenever the type B notice information is inapplicable.
2507	2507	SECTION 112. 6.06 of the statutes is amended to read:
2508	2508	6.06 Information for uniformed service members. The commission office
2509	2509	of the secretary of state is the agency designated by this state under 42 USC 1973ff-1
2510	2510	to provide information regarding voter registration and absentee balloting
2511	2511	procedures to absent members of the uniformed services and overseas voters with
2512	2512	respect to elections for national office.
2513	2513	SECTION 113. 6.22 (4) (d) of the statutes is amended to read:
2514	2514	6.22 (4) (d) The commission secretary of state shall prescribe the instructions
2515	2515	for marking and returning ballots and the municipal clerk shall enclose instructions
2516	2516	with each ballot and shall also enclose supplemental instructions for local elections.
2517	2517	The envelope, return envelope and instructions may not contain the name of any
2518	2518	candidate appearing on the enclosed ballots other than that of the municipal clerk
2519	2519	affixed in the fulfillment of his or her duties.
2520	2520	SECTION 114. 6.22 (6) of the statutes is amended to read:
2521	2521	6.22 (6) MILITARY ELECTOR LIST. Each municipal clerk shall keep an up-to-date
2522	2522	list of all eligible military electors who reside in the municipality in the format
2523	2523	prescribed by the commission secretary of state. The list shall contain the name,
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2550	2550	SECTION 114 ASSEMBLY BILL 899
2551	2551	latest-known military residence and military mailing address of each military
2552	2552	elector. The list shall indicate whether each elector whose name appears on the list
2553	2553	is a military elector, as defined in s. 6.34 (1), and has so certified under s. 6.865 (3m).
2554	2554	All persons over 18 years of age or who will be 18 years old prior to an election shall
2555	2555	be listed and remain on the list for the duration of their tour of duty. The list shall
2556	2556	be kept current through all possible means. Each clerk shall exercise reasonable care
2557	2557	to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk
2558	2558	shall distribute one copy of the list to the each polling place in the municipality for
2559	2559	use on election day.
2560	2560	SECTION 115. 6.24 (3) of the statutes is amended to read:
2561	2561	6.24 (3) REGISTRATION. The overseas elector shall register in the municipality
2562	2562	where he or she was last domiciled or where the overseas elector's parent was last
2563	2563	domiciled on a form prescribed by the commission secretary of state designed to
2564	2564	ascertain the elector's qualifications under this section. The commission secretary
2565	2565	shall ensure that the form is substantially similar to the original form under s. 6.33
2566	2566	(1), insofar as applicable. Registration shall be accomplished in accordance with s.
2567	2567	6.30 (4) or (5).
2568	2568	SECTION 116. 6.24 (4) (d) of the statutes is amended to read:
2569	2569	6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
2570	2570	a resident of this state under s. 6.10, who is not registered may request both a
2571	2571	registration form and an absentee ballot at the same time, and the municipal clerk
2572	2572	shall send or transmit the ballot automatically if the registration form is received
2573	2573	within the time prescribed in s. 6.28 (1). The commission secretary of state shall
2574	2574	prescribe a special certificate form for the envelope in which the absentee ballot for
2575	2575	such overseas electors is contained, which shall be substantially similar to that
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2603	2603	SECTION 116
2604	2604	ASSEMBLY BILL 899
2605	2605	provided under s. 6.87 (2). The overseas elector shall make and subscribe to the
2606	2606	special certificate form before a witness who is an adult.
2607	2607	SECTION 117. 6.24 (5) of the statutes is amended to read:
2608	2608	6.24 (5) BALLOTS. The commission secretary of state shall prescribe a special
2609	2609	ballot for use under this section whenever necessary. Official ballots prescribed for
2610	2610	use in the presidential preference primary may also be used. The ballot shall be
2611	2611	designed to comply with the requirements prescribed under ss. 5.60 (8), 5.62, and
2612	2612	5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.
2613	2613	SECTION 118. 6.24 (6) of the statutes is amended to read:
2614	2614	6.24 (6) INSTRUCTIONS AND HANDLING. The municipal clerk shall send a ballot,
2615	2615	as soon as available, to each overseas elector by whom a request has been made. The
2616	2616	commission secretary of state shall prescribe the instructions for marking and
2617	2617	returning ballots and the municipal clerk shall enclose such instructions with each
2618	2618	ballot. The envelope, return envelope, and instructions may not contain the name
2619	2619	of any candidate appearing on the enclosed ballots other than that of the municipal
2620	2620	clerk affixed in the fulfillment of his or her duties. Except as authorized in s. 6.87
2621	2621	(3), the municipal clerk shall mail the material, with sufficient postage to ensure that
2622	2622	the elector receives the ballot, unless the material qualifies for mailing free of
2623	2623	postage under federal free postage laws. If the return envelope qualifies for mailing
2624	2624	free of postage under federal free postage laws, the clerk shall affix the appropriate
2625	2625	legend required by U.S. postal regulations. Otherwise, the municipal clerk shall pay
2626	2626	the postage required for return when the ballot is mailed from within the United
2627	2627	States. If the ballot is not mailed by the overseas elector from within the United
2628	2628	States, the overseas elector shall provide return postage.
2629	2629	SECTION 119. 6.275 (1) (intro.) of the statutes is amended to read:
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2656	2656	SECTION 119 ASSEMBLY BILL 899
2657	2657	6.275 (1) (intro.) Except as provided in par. (f), no later than 30 days after each
2658	2658	primary and election at which a state or national office is filled or a statewide
2659	2659	referendum is held, including any special election, the municipal clerk or board of
2660	2660	election commissioners shall submit electronically a report to the commission
2661	2661	secretary of state and the county clerk or board of election commissioners of each
2662	2662	county in which the municipality is located specifying:
2663	2663	SECTION 120. 6.275 (1) (f) of the statutes is amended to read:
2664	2664	6.275 (1) (f) The total number of postcards sent by the municipal clerk or board
2665	2665	of election commissioners under s. 6.56 (3), the total number of such postcards
2666	2666	returned to the municipal clerk or board of election commissioners because the
2667	2667	elector did not reside at the address given on the postcard, the total number of
2668	2668	electors whose status was changed from eligible to ineligible on the registration list
2669	2669	as a result of the audit under s. 6.56 (3), and the number of individuals referred to
2670	2670	the district attorney under s. 6.56 (3). The municipal clerk or board of election
2671	2671	commissioners shall provide the information described under this paragraph to the
2672	2672	elections commission secretary of state and the county clerk or county board of
2673	2673	election commissioners at the earliest practicable time after, but no later than 90
2674	2674	days after, each primary and election at which a state or national office is filled or
2675	2675	a statewide referendum is held, including any special election. The municipal clerk
2676	2676	or board of election commissioners shall update the information described under this
2677	2677	paragraph on a monthly basis and shall submit, on a monthly basis, any such
2678	2678	updated information to the elections commission secretary of state and the county
2679	2679	clerk or county board of election commissioners.
2680	2680	SECTION 121. 6.275 (2) of the statutes is amended to read:
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2707	2707	SECTION 121
2708	2708	ASSEMBLY BILL 899
2709	2709	6.275 (2) Upon receipt of each report filed under this section, the commission
2710	2710	secretary of state shall, within 7 days of receiving the report, publish the information
2711	2711	on its Internet site the website of the secretary of state. The commission secretary
2712	2712	shall update the information published under this subsection on a monthly basis.
2713	2713	SECTION 122. 6.276 (2) of the statutes is amended to read:
2714	2714	6.276 (2) Within 30 days after each general election, each municipal clerk shall
2715	2715	transmit to the commission secretary of state a report of the number of absentee
2716	2716	ballots transmitted by the clerk to absent military electors and overseas electors for
2717	2717	that election and the combined number of those ballots that were cast by those
2718	2718	electors in that election.
2719	2719	SECTION 123. 6.276 (3) of the statutes is amended to read:
2720	2720	6.276 (3) Within 90 days after each general election, the commission secretary
2721	2721	of state shall compile the information contained in the reports received from
2722	2722	municipal clerks under sub. (2) and transmit the information to the federal Election
2723	2723	Assistance Commission.
2724	2724	SECTION 124. 6.29 (2) (am) of the statutes is amended to read:
2725	2725	6.29 (2) (am) The commission secretary of state shall provide to each municipal
2726	2726	clerk a list prepared for use at each municipal clerk's office showing the name and
2727	2727	address of each person whose name appears on the list provided by the department
2728	2728	of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election,
2729	2729	whose address is located in the municipality, and whose name does not appear on the
2730	2730	registration list for that municipality. Prior to permitting an elector to register to
2731	2731	vote under this subsection, the municipal clerk shall review the list. If the name of
2732	2732	an elector who wishes to register to vote appears on the list, the municipal clerk shall
2733	2733	inform the elector that the elector is ineligible to register to vote. If the elector
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2760	2760	SECTION 124 ASSEMBLY BILL 899
2761	2761	maintains that he or she is eligible to vote in the election, the municipal clerk shall
2762	2762	permit the elector to register to vote but shall mark the elector's registration form
2763	2763	as “ineligible to vote per Department of Corrections." If the elector wishes to vote,
2764	2764	the municipal clerk shall challenge the elector's ballot in the same manner as
2765	2765	provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
2766	2766	SECTION 125. 6.30 (4) of the statutes is amended to read:
2767	2767	6.30 (4) BY MAIL. Any eligible elector may register by mail on a form prescribed
2768	2768	by the commission secretary of state and provided by each municipality. The form
2769	2769	shall be designed to obtain the information required in s. 6.33 (1). The form shall
2770	2770	contain a certification by the elector that all statements are true and correct. The
2771	2771	form shall be prepostpaid for return when mailed at any point within the United
2772	2772	States. The form shall be available in the municipal clerk's office and may be
2773	2773	distributed by any elector of the municipality. The clerk shall mail a registration
2774	2774	form to any elector upon written or oral request.
2775	2775	SECTION 126. 6.30 (5) of the statutes is amended to read:
2776	2776	6.30 (5) BY ELECTRONIC APPLICATION. An eligible elector who holds a current and
2777	2777	valid operator's license issued under ch. 343 or a current and valid identification card
2778	2778	issued under s. 343.50 may register electronically in the manner prescribed by the
2779	2779	commission secretary of state. The commission secretary shall maintain on the
2780	2780	Internet a secure registration form that enables the elector to enter the information
2781	2781	required under s. 6.33 (1) electronically. An elector who registers electronically
2782	2782	under this subsection must authorize the commission secretary to obtain from the
2783	2783	department of transportation an electronic copy of the elector's signature, which
2784	2784	signature shall constitute an affirmance that all information provided by the elector
2785	2785	is correct and shall have the same effect as if the elector had signed the application
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2813	2813	SECTION 126
2814	2814	ASSEMBLY BILL 899
2815	2815	personally. The commission secretary of state shall include on the registration form
2816	2816	a place for the elector to give this authorization. Upon submittal of the electronic
2817	2817	application, the commission secretary shall obtain from the department of
2818	2818	transportation a copy of the electronic signature of the elector. The commission
2819	2819	secretary of state shall maintain the application on file and shall notify the municipal
2820	2820	clerk or board of election commissioners of the municipality where the elector resides
2821	2821	of its receipt of each completed application. The commission secretary shall also
2822	2822	permit any elector who has a current and valid operator's license issued to the elector
2823	2823	under ch. 343 or a current and valid identification card issued under s. 343.50 to
2824	2824	make changes in his or her registration at the same Internet site website that is used
2825	2825	by electors for original registration under this subsection. An elector shall attest to
2826	2826	the correctness of any changes in the same manner as provided in this subsection for
2827	2827	information entered on an application for original registration.
2828	2828	SECTION 127. 6.32 of the statutes is amended to read:
2829	2829	6.32 Verification of certain registrations. (1) Upon receipt of a
2830	2830	registration form that is submitted by mail under s. 6.30 (4) or by electronic
2831	2831	application under s. 6.30 (5), the commission secretary of state or municipal clerk
2832	2832	shall examine the form for sufficiency.
2833	2833	(2) If the form is insufficient to accomplish registration or the commission
2834	2834	secretary or clerk knows or has reliable information that the proposed elector is not
2835	2835	qualified, the commission secretary or clerk shall notify the proposed elector within
2836	2836	5 days, if possible, and request that the elector appear at the clerk's office or another
2837	2837	registration location to complete a proper registration or substantiate the
2838	2838	information presented.
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2864	2864	SECTION 127 ASSEMBLY BILL 899
2865	2865	(3) If the form is submitted later than the close of registration, the commission
2866	2866	secretary or clerk shall make a good faith effort to notify the elector that he or she
2867	2867	may register at the clerk's office under s. 6.29 or at the proper polling place or other
2868	2868	location designated under s. 6.55 (2).
2869	2869	(4) If the form is sufficient to accomplish registration and the commission
2870	2870	secretary or clerk has no reliable information to indicate that the proposed elector
2871	2871	is not qualified, the commission secretary or clerk shall enter the elector's name on
2872	2872	the registration list and transmit a 1st class letter or postcard to the registrant,
2873	2873	specifying the elector's ward or aldermanic district, or both, if any, and polling place.
2874	2874	The letter or postcard shall be sent within 10 days of receipt of the form. If the letter
2875	2875	or postcard is returned, or if the commission secretary or clerk is informed of a
2876	2876	different address than the one specified by the elector, the commission secretary or
2877	2877	clerk shall change the status of the elector on the list from eligible to ineligible. The
2878	2878	letter or postcard shall be marked in accordance with postal regulations to ensure
2879	2879	that it will be returned to the commission secretary or clerk if the elector does not
2880	2880	reside at the address given on the letter or postcard.
2881	2881	SECTION 128. 6.33 (1) of the statutes is amended to read:
2882	2882	6.33 (1) The commission secretary of state shall prescribe the format, size, and
2883	2883	shape of registration forms. All nonelectronic forms shall be printed and each item
2884	2884	of information shall be of uniform font size, as prescribed by the commission
2885	2885	secretary. Except as otherwise provided in this subsection, electronic forms shall
2886	2886	contain the same information as nonelectronic forms. The municipal clerk shall
2887	2887	supply sufficient forms to meet voter registration needs. The commission secretary
2888	2888	of state shall design the form to obtain from each elector information as to name;
2889	2889	date; residence location; location of previous residence immediately before moving
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2917	2917	SECTION 128
2918	2918	ASSEMBLY BILL 899
2919	2919	to current residence location; citizenship; date of birth; age; the number of a current
2920	2920	and valid operator's license issued to the elector under ch. 343 or the last 4 digits of
2921	2921	the elector's social security account number; whether the elector has resided within
2922	2922	the ward or election district for the number of consecutive days specified in s. 6.02
2923	2923	(1); whether the elector has been convicted of a felony for which he or she has not been
2924	2924	pardoned, and if so, whether the elector is incarcerated, or on parole, probation, or
2925	2925	extended supervision; whether the elector is disqualified on any other ground from
2926	2926	voting; and whether the elector is currently registered to vote at any other location.
2927	2927	The commission secretary of state shall include on the nonelectronic form a space for
2928	2928	the elector's signature and on the electronic form the authorization specified under
2929	2929	s. 6.30 (5). Below the space for the signature or authorization, respectively, the
2930	2930	commission secretary shall include the following statement: “Falsification of
2931	2931	information on this form is punishable under Wisconsin law as a Class I felony." The
2932	2932	commission secretary shall include on the form a space to enter the name of any
2933	2933	inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and
2934	2934	a space for the inspector, clerk, or deputy clerk to sign his or her name, affirming that
2935	2935	the inspector, clerk, or deputy clerk has accepted the form. The commission secretary
2936	2936	shall include on the form a space for entry of the ward and aldermanic district, if any,
2937	2937	where the elector resides and any other information required to determine the offices
2938	2938	and referenda for which the elector is certified to vote. The commission secretary
2939	2939	shall also include on the form a space where the clerk may record an indication of
2940	2940	whether the form is received by mail or by electronic application, a space where the
2941	2941	clerk shall record an indication of the type of identifying document submitted by the
2942	2942	elector as proof of residence under s. 6.34 or an indication that the elector's
2943	2943	information in lieu of proof of residence was verified under s. 6.34 (2m), the name of
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2970	2970	SECTION 128 ASSEMBLY BILL 899
2971	2971	the entity or institution that issued the identifying document, and, if the identifying
2972	2972	document includes a number that applies only to the individual holding that
2973	2973	document, that number. The commission secretary shall also include on the form a
2974	2974	space where the clerk, for any elector who possesses a valid voting identification card
2975	2975	issued to the person under s. 6.47 (3), may record the identification serial number
2976	2976	appearing on the voting identification card. Each county clerk shall obtain sufficient
2977	2977	registration forms for completion by an elector who desires to register to vote at the
2978	2978	office of the county clerk under s. 6.28 (4).
2979	2979	SECTION 129. 6.33 (5) (a) of the statutes is amended to read:
2980	2980	6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a
2981	2981	municipal clerk receives a valid registration or valid change of a name or address
2982	2982	under an existing registration or changes a registration from eligible to ineligible
2983	2983	status the municipal clerk or the clerk's designee shall promptly enter electronically
2984	2984	on the list maintained by the commission secretary of state under s. 6.36 (1) the
2985	2985	information required under that subsection.
2986	2986	2. Except as provided in par. (b) and this paragraph, whenever a municipal
2987	2987	clerk mails an absentee ballot to an elector or receives an in-person absentee ballot
2988	2988	application or an absentee ballot the municipal clerk shall, no later than 48 hours
2989	2989	after mailing an absentee ballot or receiving an in-person absentee ballot
2990	2990	application or an absentee ballot, enter electronically on the list maintained by the
2991	2991	commission secretary of state under s. 6.36 (1) the information required under that
2992	2992	subsection or submit the information to the clerk's designee who shall, no later than
2993	2993	24 hours after receiving the information from the clerk, enter electronically on the
2994	2994	list maintained by the commission secretary of state under s. 6.36 (1) the information
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3021	3021	SECTION 129
3022	3022	ASSEMBLY BILL 899
3023	3023	required under that subsection. If a deadline under this subdivision falls on a
3024	3024	Saturday or Sunday, the deadline is extended to the next business day.
3025	3025	3. Except as provided in par. (b) and this paragraph, the municipal clerk or the
3026	3026	clerk's designee shall update any entries that change on the date of an election other
3027	3027	than a general election within 30 days after the date of that election, and shall update
3028	3028	any entries that change on the date of a general election within 45 days after the date
3029	3029	of that election. The commission administrator secretary of state may, upon request
3030	3030	of a municipal clerk, permit the clerk to update entries that change on the date of a
3031	3031	general election within 60 days after that election.
3032	3032	4. The municipal clerk shall provide to the commission secretary of state
3033	3033	information that is confidential under s. 6.47 (2) in such manner as the commission
3034	3034	secretary prescribes.
3035	3035	SECTION 130. 6.33 (5) (b) of the statutes is amended to read:
3036	3036	6.33 (5) (b) The municipal clerk of any municipality may, by mutual consent,
3037	3037	designate any other municipal clerk or any county clerk as the clerk's agent to carry
3038	3038	out the functions of the municipal clerk under this section for that municipality. The
3039	3039	municipal clerk shall notify the county clerk of each county in which the municipality
3040	3040	is located and the commission secretary of state of any such designation in writing.
3041	3041	The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior
3042	3042	to the effective date of any change, discontinue the designation. If the municipal
3043	3043	clerk designates another municipal clerk or a county clerk as his or her agent, the
3044	3044	municipal clerk shall immediately forward all registration changes filed with the
3045	3045	clerk and voting record information obtained by the clerk to the clerk's agent for
3046	3046	electronic entry on the registration list.
3047	3047	SECTION 131. 6.34 (2m) of the statutes is amended to read:
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3074	3074	SECTION 131 ASSEMBLY BILL 899
3075	3075	6.34 (2m) An elector who registers by electronic application under s. 6.30 (5)
3076	3076	is not required to provide proof of residence under sub. (2) if, at the time of
3077	3077	registration, the elector provides the number of a current and valid operator's license
3078	3078	issued under ch. 343, or the number of a current and valid identification card issued
3079	3079	under s. 343.50, together with the elector's name and date of birth and the
3080	3080	commission secretary of state is able to verify the information specified under sub.
3081	3081	(3) (b) using the system maintained under sub. (4).
3082	3082	SECTION 132. 6.34 (4) of the statutes is amended to read:
3083	3083	6.34 (4) The commission secretary of state shall maintain a system that
3084	3084	electronically verifies, on an instant basis, information specified under sub. (3) (b)
3085	3085	from the information submitted in lieu of proof of residence under sub. (2m), using
3086	3086	the information maintained by the department of transportation pursuant to the
3087	3087	commission's secretary of state's agreement with the secretary of transportation
3088	3088	under s. 85.61 (1). If a prospective elector enters information specified under sub.
3089	3089	(3) (b) 2. into the system that does not match such information maintained by the
3090	3090	department of transportation, the system shall redirect the elector to the department
3091	3091	of transportation's Internet site website so that the elector may update his or her
3092	3092	information with the department of transportation.
3093	3093	SECTION 133. 6.35 (2) of the statutes is amended to read:
3094	3094	6.35 (2) The commission secretary of state shall prescribe, by rule, the
3095	3095	procedure and methods by which municipal clerks and boards of election
3096	3096	commissioners shall maintain records of registrations that are entered electronically
3097	3097	under s. 6.30 (5).
3098	3098	SECTION 134. 6.36 (1) (a) (intro.) of the statutes is amended to read:
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3125	3125	SECTION 134
3126	3126	ASSEMBLY BILL 899
3127	3127	6.36 (1) (a) (intro.) The commission secretary of state shall compile and
3128	3128	maintain electronically an official registration list. The list shall contain all of the
3129	3129	following:
3130	3130	SECTION 135. 6.36 (1) (a) 4. of the statutes is amended to read:
3131	3131	6.36 (1) (a) 4. For each elector, a unique registration identification number
3132	3132	assigned by the commission secretary of state.
3133	3133	SECTION 136. 6.36 (1) (a) 9. of the statutes is amended to read:
3134	3134	6.36 (1) (a) 9. Any information relating to the elector that appears on the
3135	3135	current list transmitted to the commission secretary of state by the department of
3136	3136	corrections under s. 301.03 (20m) containing the name of each living person who has
3137	3137	been convicted of a felony under the laws of this state and whose civil rights have not
3138	3138	been restored.
3139	3139	SECTION 137. 6.36 (1) (am) of the statutes is amended to read:
3140	3140	6.36 (1) (am) The list under par. (a) may contain such other information as may
3141	3141	be determined by the commission secretary of state to facilitate administration of
3142	3142	elector registration requirements.
3143	3143	SECTION 138. 6.36 (1) (b) 1. a. of the statutes is amended to read:
3144	3144	6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other
3145	3145	than an employee of the commission secretary of state, a county clerk, a deputy
3146	3146	county clerk, an executive director of a county board of election commissioners, a
3147	3147	deputy designated by the executive director, a municipal clerk, a deputy municipal
3148	3148	clerk, an executive director of a city board of election commissioners, or a deputy
3149	3149	designated by the executive director may view the date of birth, operator's license
3150	3150	number, or social security account number of an elector, the address of an elector to
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3176	3176	SECTION 138 ASSEMBLY BILL 899
3177	3177	whom an identification serial number is issued under s. 6.47 (3), or any indication
3178	3178	of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.
3179	3179	SECTION 139. 6.36 (1) (b) 1. b. of the statutes is amended to read:
3180	3180	6.36 (1) (b) 1. b. No person other than an employee of the commission secretary
3181	3181	of state, a municipal clerk, or an election official who is authorized by a municipal
3182	3182	clerk may make a change in the list.
3183	3183	SECTION 140. 6.36 (1) (bm) of the statutes is amended to read:
3184	3184	6.36 (1) (bm) The commission secretary of state or any municipal clerk or board
3185	3185	of election commissioners may transfer any information in the registration list to
3186	3186	which access is restricted under par. (b) 1. a. to a law enforcement agency, as defined
3187	3187	in s. 165.77 (1) (b), to be used for law enforcement purposes.
3188	3188	SECTION 141. 6.36 (1) (bn) of the statutes is amended to read:
3189	3189	6.36 (1) (bn) The commission secretary of state may transfer any information
3190	3190	in the registration list to which access is restricted under par. (b) 1. a. to a subunit
3191	3191	of the state government of another state to be used for official purposes.
3192	3192	SECTION 142. 6.36 (1) (d) of the statutes is amended to read:
3193	3193	6.36 (1) (d) Upon receipt of official notification by the appropriate election
3194	3194	administrative authority of another state, territory, or possession that an elector
3195	3195	whose name appears on the list has registered to vote in that state, territory, or
3196	3196	possession, the commission secretary of state or the municipal clerk of the
3197	3197	municipality where the elector formerly resided shall change the elector's
3198	3198	registration from eligible to ineligible status.
3199	3199	SECTION 143. 6.36 (1) (e) of the statutes is amended to read:
3200	3200	6.36 (1) (e) If the commission secretary of state adds the name of any elector
3201	3201	to the list, the commission secretary shall promptly notify the municipal clerk of the
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3228	3228	JK:cdc
3229	3229	SECTION 143
3230	3230	ASSEMBLY BILL 899
3231	3231	municipality where the elector resides. If the commission secretary changes the
3232	3232	registration of any elector from eligible to ineligible status, the commission secretary
3233	3233	shall promptly notify the municipal clerk of the municipality where the elector
3234	3234	resides or, if the elector has changed his or her residence from one municipality to
3235	3235	another municipality in this state, shall promptly notify the municipal clerk of the
3236	3236	municipality where the elector resided prior to the change. Notification shall be
3237	3237	made in writing or by electronic transmission. If the commission secretary changes
3238	3238	the registration of any elector from eligible to ineligible status, the commission
3239	3239	secretary shall make an entry on the list giving the date of and the reason for the
3240	3240	change.
3241	3241	SECTION 144. 6.36 (1) (f) of the statutes is amended to read:
3242	3242	6.36 (1) (f) The commission secretary of state shall make all reasonable efforts
3243	3243	to ensure that the list is maintained in a manner that precludes unauthorized
3244	3244	persons from making alterations to the list.
3245	3245	SECTION 145. 6.36 (2) (a) of the statutes is amended to read:
3246	3246	6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use
3247	3247	as a poll list at a polling place or for purposes of canvassing absentee ballots at an
3248	3248	election shall contain the full name and address of each registered elector; a blank
3249	3249	column for the entry of the serial number of the electors when they vote or the poll
3250	3250	list number used by the municipal board of absentee ballot canvassers in canvassing
3251	3251	absentee ballots; an indication next to the name of each elector for whom proof of
3252	3252	residence under s. 6.34 is required; a space for entry of the type of and the name of
3253	3253	the entity or institution that issued the identifying document submitted by the
3254	3254	elector as proof of residence when proof of residence under s. 6.34 is required; a space
3255	3255	for entry of the elector's signature, or if another person signed the elector's
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3282	3282	SECTION 145 ASSEMBLY BILL 899
3283	3283	registration form for the elector by reason of the elector's physical disability, the word
3284	3284	“exempt"; and a form of certificate bearing the certification of the commission
3285	3285	administrator secretary of state stating that the list is a true and complete
3286	3286	registration list of the municipality or the ward or wards for which the list is
3287	3287	prepared. The commission secretary of state shall, by rule, prescribe the space and
3288	3288	location for entry of each elector's signature on the poll list which shall provide for
3289	3289	entry of the signature without changing the orientation of the poll list from the
3290	3290	orientation used by the election officials.
3291	3291	SECTION 146. 6.36 (6) of the statutes is amended to read:
3292	3292	6.36 (6) The commission secretary of state shall establish by rule the fee for
3293	3293	obtaining a copy of the official registration list, or a portion of the list, including
3294	3294	access to the subscription service established under s. 5.05 (14) (b). The amount of
3295	3295	the fee shall be set, after consultation with county and municipal election officials,
3296	3296	at an amount estimated to cover both the cost of reproduction and the cost of
3297	3297	maintaining the list at the state and local level. The rules shall require that revenues
3298	3298	from fees received be shared between the state and municipalities or their designees
3299	3299	under s. 6.33 (5) (b), and shall specify a method for such allocation. The secretary
3300	3300	of state shall make publicly available the amount and distribution of the fees
3301	3301	received under this subsection and the method of allocation.
3302	3302	SECTION 147. 6.47 (1) (ag) of the statutes is amended to read:
3303	3303	6.47 (1) (ag) “Domestic abuse victim service provider" means an organization
3304	3304	that is certified by the department of children and families as eligible to receive
3305	3305	grants under s. 49.165 (2) and whose name is included on the list provided by the
3306	3306	commission secretary of state under s. 7.08 (10).
3307	3307	SECTION 148. 6.47 (1) (am) 2. of the statutes is amended to read:
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3335	3335	SECTION 148
3336	3336	ASSEMBLY BILL 899
3337	3337	6.47 (1) (am) 2. An individual who files an affidavit with the municipal clerk
3338	3338	of the municipality where the individual resides, on a form prescribed by the
3339	3339	commission secretary of state, that is signed by a sheriff, the chief of a police
3340	3340	department, or a district attorney or the authorized representative of a sheriff, chief,
3341	3341	or district attorney and directed to the municipal clerk, and that verifies that a
3342	3342	person has been charged with or convicted of an offense relating to domestic abuse,
3343	3343	sexual assault, or stalking in which the individual was a victim and reasonably
3344	3344	continues to be threatened by that person.
3345	3345	SECTION 149. 6.47 (1) (dm) of the statutes is amended to read:
3346	3346	6.47 (1) (dm) “Sexual assault victim service provider" means an organization
3347	3347	that is certified by the department of justice as eligible to receive grants under s.
3348	3348	165.93 (2) and whose name is included on the list provided by the commission
3349	3349	secretary of state under s. 7.08 (10).
3350	3350	SECTION 150. 6.47 (2) of the statutes is amended to read:
3351	3351	6.47 (2) Except as authorized in sub. (8), the commission secretary of state,
3352	3352	each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election
3353	3353	official shall withhold from public inspection under s. 19.35 (1) the name and address
3354	3354	of any eligible individual whose name appears on a poll list or registration list if the
3355	3355	individual provides the municipal clerk with a valid written request to protect the
3356	3356	individual's confidentiality. To be valid, a request under this subsection must be
3357	3357	accompanied by a copy of a protective order that is in effect, an affidavit under sub.
3358	3358	(1) (am) 2. that is dated within 30 days of the date of the request, confirmation from
3359	3359	the department of justice that the person is a program participant, as provided under
3360	3360	s. 165.68 (4) (c), a statement signed by the operator or an authorized agent of the
3361	3361	operator of a shelter that is dated within 30 days of the date of the request and that
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3388	3388	SECTION 150 ASSEMBLY BILL 899
3389	3389	indicates that the operator operates the shelter and that the individual making the
3390	3390	request resides in the shelter, or a statement signed by an authorized representative
3391	3391	of a domestic abuse victim service provider or a sexual assault victim service provider
3392	3392	under sub. (1) (am) 4. that is dated within 30 days of the date of the request. A
3393	3393	physically disabled individual who appears personally at the office of the municipal
3394	3394	clerk accompanied by another elector of this state may designate that elector to make
3395	3395	a request under this subsection on his or her behalf.
3396	3396	SECTION 151. 6.47 (3) of the statutes is amended to read:
3397	3397	6.47 (3) Upon receiving a valid written request from an elector under sub. (2),
3398	3398	the municipal clerk shall issue to the elector a voting identification card on a form
3399	3399	prescribed by the commission secretary of state that shall contain the name of the
3400	3400	elector's municipality of residence and, in the case of a town, the county in which the
3401	3401	town is located, the elector's name, the ward in which the elector resides, if any, and
3402	3402	a unique identification serial number issued by the commission secretary. The
3403	3403	number issued to an elector under this subsection shall not be changed for so long
3404	3404	as the elector continues to qualify for a listing under sub. (2).
3405	3405	SECTION 152. 6.50 (1) (intro.) of the statutes is amended to read:
3406	3406	6.50 (1) (intro.) No later than June 15 following each general election, the
3407	3407	commission secretary of state shall examine the registration records for each
3408	3408	municipality and identify each elector who has not voted within the previous 4 years
3409	3409	if qualified to do so during that entire period and shall mail a notice to the elector in
3410	3410	substantially the following form:
3411	3411	SECTION 153. 6.50 (2) of the statutes is amended to read:
3412	3412	6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1)
3413	3413	has not applied for continuation of registration within 30 days of the date of mailing,
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3441	3441	SECTION 153
3442	3442	ASSEMBLY BILL 899
3443	3443	the commission secretary of state shall change the registration status of that elector
3444	3444	from eligible to ineligible on the day that falls 30 days after the date of mailing.
3445	3445	SECTION 154. 6.50 (2g) of the statutes is amended to read:
3446	3446	6.50 (2g) The commission secretary of state may delegate to a municipal clerk
3447	3447	or board of election commissioners of a municipality the responsibility to change the
3448	3448	registration status of electors when required under sub. (2).
3449	3449	SECTION 155. 6.50 (2r) (intro.) of the statutes is amended to read:
3450	3450	6.50 (2r) (intro.) As soon as practicable, but no later than August 1 following
3451	3451	the completion of the process under subs. (1) and (2), the commission secretary of
3452	3452	state shall publish on its Internet site the website of the office of secretary of state
3453	3453	the following information obtained through that process:
3454	3454	SECTION 156. 6.50 (2r) (b) of the statutes is amended to read:
3455	3455	6.50 (2r) (b) The number of notices described under par. (a) that were returned
3456	3456	to the commission secretary of state as undeliverable.
3457	3457	SECTION 157. 6.50 (2r) (h) of the statutes is amended to read:
3458	3458	6.50 (2r) (h) Any other information requested by the legislature or that the
3459	3459	commission secretary of state considers relevant.
3460	3460	SECTION 158. 6.50 (7) of the statutes is amended to read:
3461	3461	6.50 (7) When an elector's registration is changed from eligible to ineligible
3462	3462	status, the commission secretary of state, municipal clerk, or board of election
3463	3463	commissioners shall make an entry on the registration list, giving the date of and
3464	3464	reason for the change.
3465	3465	SECTION 159. 6.55 (2) (a) (intro.) of the statutes is amended to read:
3466	3466	6.55 (2) (a) (intro.) Except where the procedure under par. (c) or (cm) is
3467	3467	employed, any person who qualifies as an elector in the ward or election district
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3494	3494	SECTION 159 ASSEMBLY BILL 899
3495	3495	where he or she desires to vote, but has not previously filed a registration form, or
3496	3496	was registered at another location, may request permission to vote at the polling
3497	3497	place for that ward or election district, or at an alternate polling place assigned under
3498	3498	s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person
3499	3499	to execute a registration form prescribed by the commission secretary of state. The
3500	3500	registration form shall be completed in the manner provided under s. 6.33 (2) and
3501	3501	shall contain all information required under s. 6.33 (1), together with the following
3502	3502	certification:
3503	3503	SECTION 160. 6.55 (2) (cs) of the statutes is amended to read:
3504	3504	6.55 (2) (cs) The commission secretary of state shall provide to each municipal
3505	3505	clerk a list prepared for use at each polling place showing the name and address of
3506	3506	each person whose name appears on the list provided by the department of
3507	3507	corrections under s. 301.03 (20m) as ineligible to vote on the date of the election,
3508	3508	whose address is located in the area served by that polling place, and whose name
3509	3509	does not appear on the poll list for that polling place. Prior to permitting an elector
3510	3510	to register to vote under this subsection or s. 6.86 (3) (a) 2., the inspectors or election
3511	3511	registration officials shall review the list. If the name of an elector who wishes to
3512	3512	register to vote appears on the list, the inspectors or election registration officials
3513	3513	shall inform the elector or the elector's agent that the elector is ineligible to register
3514	3514	to vote. If the elector or the elector's agent maintains that the elector is eligible to
3515	3515	vote in the election, the inspectors or election registration officials shall permit the
3516	3516	elector to register but shall mark the elector's registration form as “ineligible to vote
3517	3517	per Department of Corrections." If the elector wishes to vote, the inspectors shall
3518	3518	require the elector to vote by ballot and shall challenge the ballot as provided in s.
3519	3519	6.79 (2) (dm).
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3547	3547	SECTION 161
3548	3548	ASSEMBLY BILL 899
3549	3549	SECTION 161. 6.55 (3) (b) of the statutes is amended to read:
3550	3550	6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the
3551	3551	inspectors shall review the list provided by the commission secretary of state under
3552	3552	sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform
3553	3553	the elector that he or she is ineligible to vote at the election. If the elector maintains
3554	3554	that he or she is eligible to vote in the election, the inspectors shall permit the elector
3555	3555	to vote, but shall require the elector to vote by ballot, and shall challenge the ballot
3556	3556	as provided in s. 6.79 (2) (dm).
3557	3557	SECTION 162. 6.56 (3) of the statutes is amended to read:
3558	3558	6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of
3559	3559	election commissioners shall make an audit of all electors registering to vote at the
3560	3560	polling place or other registration location under s. 6.55 (2) and all electors
3561	3561	registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board
3562	3562	of election commissioners receives notice from the elections commission secretary of
3563	3563	state under sub. (7) that the elections commission office of the secretary of state will
3564	3564	perform the audit. The audit shall be made by 1st class postcard. The postcard shall
3565	3565	be marked in accordance with postal regulations to ensure that it will be returned
3566	3566	to the clerk, board of election commissioners, or elections commission secretary of
3567	3567	state if the elector does not reside at the address given on the postcard. If any
3568	3568	postcard is returned undelivered, or if the clerk, board of election commissioners, or
3569	3569	elections commission secretary of state is informed of a different address than the
3570	3570	one specified by the elector which was apparently improper on the day of the election,
3571	3571	the clerk, board of election commissioners, or elections commission secretary of state
3572	3572	shall change the status of the elector from eligible to ineligible on the registration
3573	3573	list, mail the elector a notice of the change in status, and provide the name of the
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3600	3600	SECTION 162 ASSEMBLY BILL 899
3601	3601	elector to the district attorney for the county where the polling place is located and
3602	3602	the elections commission secretary of state.
3603	3603	SECTION 163. 6.56 (3m) of the statutes is amended to read:
3604	3604	6.56 (3m) As soon as possible after all information relating to registrations
3605	3605	after the close of registration for an election is entered on the registration list
3606	3606	following the election under s. 6.33 (5) (a), the commission secretary of state shall
3607	3607	compare the list of new registrants whose names do not appear on the poll lists for
3608	3608	the election because the names were added after the commission secretary certified
3609	3609	the poll lists for use at the election with the list containing the names transmitted
3610	3610	to the commission secretary by the department of corrections under s. 301.03 (20m)
3611	3611	as of election day. If the commission secretary finds that the name of any person
3612	3612	whose name appears on the list transmitted under s. 301.03 (20m) has been added
3613	3613	to the registration list, the commission secretary shall enter on the list the
3614	3614	information transmitted to the commission secretary under s. 301.03 (20m) and shall
3615	3615	notify the district attorney for the county where the polling place is located that the
3616	3616	person appears to have voted illegally at the election.
3617	3617	SECTION 164. 6.56 (4) of the statutes is amended to read:
3618	3618	6.56 (4) After each election, the municipal clerk shall perform an audit to
3619	3619	assure that no person has been allowed to vote more than once. Whenever the
3620	3620	municipal clerk has good reason to believe that a person has voted more than once
3621	3621	in an election, the clerk shall send the person a 1st class letter marked in accordance
3622	3622	with postal regulations to ensure that it will be returned to the clerk if the elector
3623	3623	does not reside at the address given on the letter. The letter shall inform the person
3624	3624	that all registrations relating to that person may be changed from eligible to
3625	3625	ineligible status within 7 days unless the person contacts the office of the clerk to
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3653	3653	SECTION 164
3654	3654	ASSEMBLY BILL 899
3655	3655	clarify the matter. A copy of the letter and of any subsequent information received
3656	3656	from or about the addressee shall be sent to the district attorney for the county where
3657	3657	the person resides and the commission secretary of state.
3658	3658	SECTION 165. 6.56 (7) of the statutes is amended to read:
3659	3659	6.56 (7) The commission secretary of state may elect to perform the duties of
3660	3660	municipal clerks to conduct the audits required under subs. (3) and (4) for any
3661	3661	election on behalf of all municipalities in the state. If the commission secretary so
3662	3662	elects, the commission secretary shall, no later than the date of the election for which
3663	3663	the audits will be performed, notify the municipal clerk of each municipality that the
3664	3664	commission secretary will perform the audits.
3665	3665	SECTION 166. 6.57 of the statutes is amended to read:
3666	3666	6.57 Registration list for special elections. The municipal clerk of each
3667	3667	municipality where a special election is held nonconcurrently with a regularly
3668	3668	scheduled election shall obtain a copies of the current registration list from the
3669	3669	commission secretary of state for use in the special election.
3670	3670	SECTION 167. 6.79 (1m) of the statutes is amended to read:
3671	3671	6.79 (1m) SEPARATE POLL LISTS. The municipal clerk may elect to maintain the
3672	3672	information on the poll list manually or electronically. If the clerk elects to maintain
3673	3673	the list electronically, an election official at each election ward shall be in charge of
3674	3674	and shall maintain the poll list. The system employed to maintain the list
3675	3675	electronically is subject to the approval of the commission secretary of state. If the
3676	3676	clerk elects to maintain the information manually, 2 election officials at each election
3677	3677	ward shall be in charge of and shall maintain 2 separate poll lists.
3678	3678	SECTION 168. 6.86 (2) (a) of the statutes is amended to read:
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3704	3704	SECTION 168 ASSEMBLY BILL 899
3705	3705	6.86 (2) (a) An elector who is indefinitely confined because of age, physical
3706	3706	illness or infirmity or is disabled for an indefinite period may by signing a statement
3707	3707	to that effect require that an absentee ballot be sent to the elector automatically for
3708	3708	every election. The application form and instructions shall be prescribed by the
3709	3709	commission secretary of state, and furnished upon request to any elector by each
3710	3710	municipality. The envelope containing the absentee ballot shall be clearly marked
3711	3711	as not forwardable. If any elector is no longer indefinitely confined, the elector shall
3712	3712	so notify the municipal clerk.
3713	3713	SECTION 169. 6.86 (2m) (a) of the statutes is amended to read:
3714	3714	6.86 (2m) (a) Except as provided in this subsection, any elector other than an
3715	3715	elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may
3716	3716	by written application filed with the municipal clerk of the municipality where the
3717	3717	elector resides require that an absentee ballot be sent to the elector automatically for
3718	3718	every election that is held within the same calendar year in which the application is
3719	3719	filed. The application form and instructions shall be prescribed by the commission
3720	3720	secretary of state, and furnished upon request to any elector by each municipal clerk.
3721	3721	The municipal clerk shall thereupon mail an absentee ballot to the elector for all
3722	3722	elections that are held in the municipality during the same calendar year that the
3723	3723	application is filed, except that the clerk shall not send an absentee ballot for an
3724	3724	election if the elector's name appeared on the registration list in eligible status for
3725	3725	a previous election following the date of the application but no longer appears on the
3726	3726	list in eligible status. The municipal clerk shall ensure that any envelope containing
3727	3727	the absentee ballot is clearly marked as not forwardable. If an elector who files an
3728	3728	application under this subsection no longer resides at the same address that is
3729	3729	indicated on the application form, the elector shall so notify the municipal clerk. The
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3757	3757	SECTION 169
3758	3758	ASSEMBLY BILL 899
3759	3759	municipal clerk shall discontinue mailing absentee ballots to an elector under this
3760	3760	subsection upon receipt of reliable information that the elector no longer qualifies as
3761	3761	an elector of the municipality. In addition, the municipal clerk shall discontinue
3762	3762	mailing absentee ballots to an elector under this subsection if the elector fails to
3763	3763	return any absentee ballot mailed to the elector. The municipal clerk shall notify the
3764	3764	elector of any such action not taken at the elector's request within 5 days, if possible.
3765	3765	An elector who fails to cast an absentee ballot but who remains qualified to receive
3766	3766	absentee ballots under this subsection may then receive absentee ballots for
3767	3767	subsequent elections by notifying the municipal clerk that the elector wishes to
3768	3768	continue receiving absentee ballots for subsequent elections.
3769	3769	SECTION 170. 6.86 (3) (a) 1. of the statutes is amended to read:
3770	3770	6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
3771	3771	for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
3772	3772	for the hospitalized absent elector by presenting a form prescribed by the commission
3773	3773	secretary of state and containing the required information supplied by the
3774	3774	hospitalized elector and signed by that elector, unless the elector is unable to sign due
3775	3775	to physical disability. In this case, the elector may authorize another elector to sign
3776	3776	on his or her behalf. Any elector signing an application on another elector's behalf
3777	3777	shall attest to a statement that the application is made on request and by
3778	3778	authorization of the named elector, who is unable to sign the application due to
3779	3779	physical disability. The agent shall present this statement along with all other
3780	3780	information required under this subdivision. Except as authorized for an elector who
3781	3781	has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the
3782	3782	agent shall present any proof of identification required under sub. (1) (ar). The form
3783	3783	shall include a space for the municipal clerk or deputy clerk to enter his or her initials
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3810	3810	SECTION 170 ASSEMBLY BILL 899
3811	3811	indicating that the agent presented proof of identification to the clerk on behalf of the
3812	3812	elector.
3813	3813	SECTION 171. 6.869 of the statutes is amended to read:
3814	3814	6.869 Uniform instructions. The commission secretary of state shall
3815	3815	prescribe uniform instructions for municipalities to provide to absentee electors. The
3816	3816	instructions shall include the specific means of electronic communication that an
3817	3817	absentee elector may use to file an application for an absentee ballot and, if the
3818	3818	absentee elector is required to register, to request a registration form or change his
3819	3819	or her registration. The instructions shall include information concerning whether
3820	3820	proof of identification is required to be presented or enclosed. The instructions shall
3821	3821	also include information concerning the procedure for correcting errors in marking
3822	3822	a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the
3823	3823	extent possible, respect the privacy of each elector and preserve the confidentiality
3824	3824	of each elector's vote.
3825	3825	SECTION 172. 6.87 (3) (d) of the statutes is amended to read:
3826	3826	6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military
3827	3827	elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the
3828	3828	elector qualifies as a resident of this state under s. 6.10, of a facsimile transmission
3829	3829	number or electronic mail address where the elector can receive an absentee ballot,
3830	3830	transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of
3831	3831	mailing under this subsection. An elector may receive an absentee ballot only if the
3832	3832	elector is a military elector or an overseas elector and has filed a valid application
3833	3833	for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to
3834	3834	a military or overseas elector electronically, the clerk shall also transmit a facsimile
3835	3835	or electronic copy of the text of the material that appears on the certificate envelope
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3863	3863	SECTION 172
3864	3864	ASSEMBLY BILL 899
3865	3865	prescribed in sub. (2), together with instructions prescribed by the commission
3866	3866	secretary of state. The instructions shall require the military or overseas elector to
3867	3867	make and subscribe to the certification as required under sub. (4) (b) and to enclose
3868	3868	the absentee ballot in a separate envelope contained within a larger envelope, that
3869	3869	shall include the completed certificate. The elector shall then affix sufficient postage
3870	3870	unless the absentee ballot qualifies for mailing free of postage under federal free
3871	3871	postage laws and shall mail the absentee ballot to the municipal clerk. Except as
3872	3872	authorized in s. 6.97 (2), an absentee ballot received from a military or overseas
3873	3873	elector who receives the ballot electronically shall not be counted unless it is cast in
3874	3874	the manner prescribed in this paragraph and sub. (4) and in accordance with the
3875	3875	instructions provided by the commission secretary of state.
3876	3876	SECTION 173. 6.875 (5) of the statutes is amended to read:
3877	3877	6.875 (5) Prior to entering upon his or her duties, each individual appointed
3878	3878	to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In
3879	3879	the oath, the individual shall swear that he or she is qualified to act as a deputy under
3880	3880	this section, that he or she has read the statutes governing absentee voting, that he
3881	3881	or she understands the proper absentee voting procedure, that he or she understands
3882	3882	the penalties for noncompliance with the procedure under s. 12.13, that his or her
3883	3883	sacred obligation will be to fully and fairly implement the absentee voting law and
3884	3884	seek to have the intent of the electors ascertained. In addition, the oath shall state
3885	3885	that the individual realizes that any error in conducting the voting procedure may
3886	3886	result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual
3887	3887	realizes that absentee voting is a privilege and not a constitutional right. The form
3888	3888	of the oath shall be prescribed by the commission secretary of state.
3889	3889	SECTION 174. 6.92 (1) of the statutes is amended to read:
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3916	3916	SECTION 174 ASSEMBLY BILL 899
3917	3917	6.92 (1) Except as provided in sub. (2), each inspector shall challenge for cause
3918	3918	any person offering to vote whom the inspector knows or suspects is not a qualified
3919	3919	elector or who does not adhere to any voting requirement under this chapter. If a
3920	3920	person is challenged as unqualified by an inspector, one of the inspectors shall
3921	3921	administer the following oath or affirmation to the person: “You do solemnly swear
3922	3922	(or affirm) that you will fully and truly answer all questions put to you regarding your
3923	3923	place of residence and qualifications as an elector of this election"; and shall then ask
3924	3924	questions which are appropriate as determined by the commission secretary of state,
3925	3925	by rule, to test the person's qualifications.
3926	3926	SECTION 175. 6.925 of the statutes is amended to read:
3927	3927	6.925 Elector making challenge in person. Any elector may challenge for
3928	3928	cause any person offering to vote whom the elector knows or suspects is not a
3929	3929	qualified elector. If a person is challenged as unqualified by an elector, one of the
3930	3930	inspectors may administer the oath or affirmation to the challenged elector under s.
3931	3931	6.92 and ask the challenged elector the questions under that section which are
3932	3932	appropriate to test the elector's qualifications. In addition, one of the inspectors shall
3933	3933	administer the following oath or affirmation to the challenging elector: “You do
3934	3934	solemnly swear (or affirm) that you will fully and truly answer all questions put to
3935	3935	you regarding the challenged person's place of residence and qualifications as an
3936	3936	elector of this election"; and shall then ask questions which are appropriate as
3937	3937	determined by the commission secretary of state, by rule, to test the qualifications
3938	3938	of the challenged elector.
3939	3939	SECTION 176. 6.95 of the statutes is amended to read:
3940	3940	6.95 Voting procedure for challenged electors. Whenever the inspectors
3941	3941	under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
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3969	3969	SECTION 176
3970	3970	ASSEMBLY BILL 899
3971	3971	challenged, the inspectors shall, before giving the elector a ballot, write on the back
3972	3972	of the ballot the serial number of the challenged person corresponding to the number
3973	3973	kept at the election on the poll list, or other list maintained under s. 6.79, and the
3974	3974	notation “s. 6.95". If voting machines are used in the municipality where the person
3975	3975	is voting, the person's vote may be received only upon an absentee ballot furnished
3976	3976	by the municipal clerk which shall have the corresponding serial number from the
3977	3977	poll list or other list maintained under s. 6.79 and the notation “s. 6.95" written on
3978	3978	the back of the ballot by the inspectors before the ballot is given to the elector. The
3979	3979	inspectors shall indicate on the list the reason for the challenge. The inspectors shall
3980	3980	then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51.
3981	3981	The municipal board of canvassers may decide any challenge when making its
3982	3982	canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be
3983	3983	reviewed by the county board of canvassers. If the returns are reported under s. 7.70,
3984	3984	a challenge may be reviewed by the chairperson of the commission secretary of state
3985	3985	or the chairperson's secretary's designee. The decision of any board of canvassers or
3986	3986	of the chairperson or chairperson's secretary or secretary's designee may be appealed
3987	3987	under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to
3988	3988	determine the validity of challenged ballots.
3989	3989	SECTION 177. 6.96 of the statutes is amended to read:
3990	3990	6.96 Voting procedure for electors voting pursuant to federal court
3991	3991	order. Whenever any elector is allowed to vote at a polling place pursuant to a
3992	3992	federal court order after the closing time provided under s. 6.78, the inspectors shall,
3993	3993	before giving the elector a ballot, write on the back of the ballot the notation “s. 6.96".
3994	3994	If voting machines are used in the municipality where the elector is voting, the
3995	3995	elector's vote may be received only upon an absentee ballot furnished by the
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4022	4022	SECTION 177 ASSEMBLY BILL 899
4023	4023	municipal clerk which shall have the notation “s. 6.96" written on the back of the
4024	4024	ballot by the inspectors before the ballot is given to the elector. When receiving the
4025	4025	elector's ballot, the inspectors shall provide the elector with the written voting
4026	4026	information prescribed by the commission secretary of state under s. 7.08 (8). The
4027	4027	inspectors shall indicate on the list the fact that the elector is voting pursuant to a
4028	4028	federal court order. The inspectors shall then deposit the ballot. The ballot shall be
4029	4029	counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after
4030	4030	the ballot is counted, the appropriate board or boards of canvassers or the
4031	4031	chairperson of the commission secretary of state or his or her designee shall reopen
4032	4032	the canvass to discount any ballots that were counted pursuant to the vacated order
4033	4033	and adjust the statements, certifications, and determinations accordingly.
4034	4034	SECTION 178. 6.97 (1) of the statutes is amended to read:
4035	4035	6.97 (1) Whenever any individual who is required to provide proof of residence
4036	4036	under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
4037	4037	cannot provide the required proof of residence, the inspectors shall offer the
4038	4038	opportunity for the individual to vote under this section. Whenever any individual,
4039	4039	other than a military elector, as defined in s. 6.34 (1), an overseas elector, or an elector
4040	4040	who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and
4041	4041	does not present proof of identification under s. 6.79 (2), whenever required, the
4042	4042	inspectors or the municipal clerk shall similarly offer the opportunity for the
4043	4043	individual to vote under this section. If the individual wishes to vote, the inspectors
4044	4044	shall provide the elector with an envelope marked “Ballot under s. 6.97, stats." on
4045	4045	which the serial number of the elector is entered and shall require the individual to
4046	4046	execute on the envelope a written affirmation stating that the individual is a
4047	4047	qualified elector of the ward or election district where he or she offers to vote and is
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4075	4075	SECTION 178
4076	4076	ASSEMBLY BILL 899
4077	4077	eligible to vote in the election. The inspectors shall, before giving the elector a ballot,
4078	4078	write on the back of the ballot the serial number of the individual corresponding to
4079	4079	the number kept at the election on the poll list or other list maintained under s. 6.79
4080	4080	and the notation “s. 6.97". If voting machines are used in the municipality where the
4081	4081	individual is voting, the individual's vote may be received only upon an absentee
4082	4082	ballot furnished by the municipal clerk which shall have the corresponding number
4083	4083	from the poll list or other list maintained under s. 6.79 and the notation “s. 6.97"
4084	4084	written on the back of the ballot by the inspectors before the ballot is given to the
4085	4085	elector. When receiving the individual's ballot, the inspectors shall provide the
4086	4086	individual with written voting information prescribed by the commission secretary
4087	4087	of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the
4088	4088	individual is required to provide proof of residence or proof of identification under s.
4089	4089	6.79 (2) but did not do so. The inspectors shall notify the individual that he or she
4090	4090	may provide proof of residence or proof of identification to the municipal clerk or
4091	4091	executive director of the municipal board of election commissioners. The inspectors
4092	4092	shall also promptly notify the municipal clerk or executive director of the name,
4093	4093	address, and serial number of the individual. The inspectors shall then place the
4094	4094	ballot inside the envelope and place the envelope in a separate carrier envelope.
4095	4095	SECTION 179. 7.03 (1) (a) of the statutes is amended to read:
4096	4096	7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
4097	4097	compensation shall be paid to each inspector, voting machine custodian, automatic
4098	4098	tabulating equipment technician, member of a board of canvassers, messenger, and
4099	4099	tabulator who is employed and performing duties under chs. 5 to 12. Daily
4100	4100	compensation shall also be provided to inspectors and inspector trainees for
4101	4101	attendance at training programs conducted by the commission secretary of state and
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4128	4128	SECTION 179 ASSEMBLY BILL 899
4129	4129	municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and
4130	4130	trainees may be paid by the hour at a proportionate rate for each hour actually
4131	4131	worked. Any election official or trainee may choose to volunteer his or her services
4132	4132	by filing with the municipal clerk of the municipality in which he or she serves a
4133	4133	written declination to accept compensation. The volunteer status of the election
4134	4134	official or trainee remains effective until the official or trainee files a written
4135	4135	revocation with the municipal clerk.
4136	4136	SECTION 180. 7.03 (1) (b) of the statutes is amended to read:
4137	4137	7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be
4138	4138	paid by the municipality in which the election is held, except that any compensation
4139	4139	payable to a technician, messenger, tabulator, or member of the board of canvassers
4140	4140	who is employed to perform services for the county shall be paid by the county and
4141	4141	compensation payable to any messenger or tabulator who is employed to perform
4142	4142	services for the state shall be paid by the commission secretary of state.
4143	4143	SECTION 181. 7.03 (2) of the statutes is amended to read:
4144	4144	7.03 (2) The amount of compensation of election officials, when authorized or
4145	4145	required, shall be fixed by the appropriate county board of supervisors, municipal
4146	4146	governing body, or municipal board of election commissioners in cities over 500,000
4147	4147	population. The commission secretary of state shall fix the amount to be paid any
4148	4148	person employed to perform duties for the state. If the commission secretary of state
4149	4149	employs an individual to perform duties which are the responsibility of a county or
4150	4150	municipality, the commission secretary shall charge the expense to the county or
4151	4151	municipality.
4152	4152	SECTION 182. 7.08 (intro.) of the statutes is amended to read:
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4179	4179	SECTION 182
4180	4180	ASSEMBLY BILL 899
4181	4181	7.08 Elections commission Secretary of state. (intro.) In addition to its
4182	4182	the duties for ballot arrangement under ch. 5 and date and notice requirements
4183	4183	under ch. 10, the commission secretary of state shall:
4184	4184	SECTION 183. 7.08 (1) of the statutes is amended to read:
4185	4185	7.08 (1) ELECTION FORMS, VOTING APPARATUS. (a) Prescribe all official ballot
4186	4186	forms necessary under chs. 5 to 10 and 12 and revise the official ballot forms to
4187	4187	harmonize with legislation and the current official status of the political parties
4188	4188	whenever necessary. The commission secretary of state shall include on each ballot
4189	4189	form, in the space for official endorsement, markings or spaces for identifying a ballot
4190	4190	as an overvoted ballot, a duplicate overvoted ballot, a damaged ballot, or a duplicate
4191	4191	damaged ballot, and for writing an identifying serial number. The commission
4192	4192	secretary shall provide one copy of each ballot form without charge to each county
4193	4193	and municipal clerk and board of election commissioners. The commission secretary
4194	4194	shall distribute or arrange for distribution of additional copies. The prescribed forms
4195	4195	shall be substantially followed in all elections under chs. 5 to 10 and 12.
4196	4196	(b) Prescribe the necessary standard sample forms and ballot containers to
4197	4197	make the canvass, returns, statements and tally sheet statements for all elections
4198	4198	the results of which are reportable to the commission secretary of state under s. 7.60
4199	4199	(4) (a), and all other materials as it deems necessary to conduct the elections. The
4200	4200	sample forms shall contain the necessary certificates of the inspectors and
4201	4201	canvassers with notes explaining their use and statutory basis.
4202	4202	(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47
4203	4203	(1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a
4204	4204	statement of the penalty applicable to false or fraudulent registration or voting
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4230	4230	SECTION 183 ASSEMBLY BILL 899
4231	4231	through use of the form. Forms are not required to be furnished by the commission
4232	4232	secretary of state.
4233	4233	(d) Promulgate rules for the administration of the statutory requirements for
4234	4234	voting machines and electronic voting systems and any other voting apparatus
4235	4235	which may be introduced in this state for use at elections. Pursuant to such
4236	4236	responsibility, the commission secretary of state may obtain assistance from
4237	4237	competent persons to check the machines, systems and apparatus and approve for
4238	4238	use those types meeting the statutory requirements and shall establish reasonable
4239	4239	compensation for persons performing duties under this paragraph.
4240	4240	SECTION 184. 7.08 (2) (a) of the statutes is amended to read:
4241	4241	7.08 (2) (a) As soon as possible after the closing date for filing nomination
4242	4242	papers or after the canvass of the primary vote, but no later than the deadlines
4243	4243	established in s. 10.06, transmit to each county clerk a certified list of all candidates
4244	4244	on file in its office for which electors in that county may vote. The list shall designate
4245	4245	the order of arrangement and contain each candidate's first name, middle initial or
4246	4246	initials and last name, unless the candidate on his or her nomination papers or
4247	4247	declaration of candidacy specifies that the middle initial be deleted, that a full middle
4248	4248	name or former legal surname be substituted for the middle initial, that an initial
4249	4249	be substituted for the candidate's first name or that a nickname be substituted for
4250	4250	a first or middle name or for a first initial or middle initial or initials, but no other
4251	4251	abbreviations or titles are permitted. The list shall also include each candidate's
4252	4252	residence and post-office address; the office for which the person is a candidate; and,
4253	4253	the party or principle the candidate represents, if any, in 5 words or less. Names of
4254	4254	candidates nominated under s. 7.38 or 8.35 shall be certified by the commission
4255	4255	secretary of state upon filing of the necessary papers with it. At any time prior to an
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4283	4283	SECTION 184
4284	4284	ASSEMBLY BILL 899
4285	4285	election, the commission secretary may transmit an amended certification if a
4286	4286	candidate dies or is determined not to qualify for ballot placement.
4287	4287	SECTION 185. 7.08 (2) (d) of the statutes is amended to read:
4288	4288	7.08 (2) (d) As soon as possible after the last Tuesday in January of each year
4289	4289	in which there is a presidential election, the commission secretary of state shall
4290	4290	transmit to each county clerk a certified list of candidates for president who have
4291	4291	qualified to have their names appear on the presidential preference primary ballot.
4292	4292	SECTION 186. 7.08 (3) (intro.) of the statutes is amended to read:
4293	4293	7.08 (3) ELECTION MANUAL. (intro.) Prepare and publish separate from the
4294	4294	election laws an election manual written so as to be easily understood by the general
4295	4295	public explaining the duties of the election officials, together with notes and
4296	4296	references to the statutes as the commission secretary of state considers advisable.
4297	4297	The election manual shall:
4298	4298	SECTION 187. 7.08 (3) (a) of the statutes is amended to read:
4299	4299	7.08 (3) (a) Be compiled by the commission secretary of state.
4300	4300	SECTION 188. 7.08 (4) of the statutes is amended to read:
4301	4301	7.08 (4) ELECTION LAWS. Publish the election laws. The commission secretary
4302	4302	of state shall sell or distribute or arrange for the sale or distribution of copies of the
4303	4303	election laws to county and municipal clerks and boards of election commissioners
4304	4304	and members of the public.
4305	4305	SECTION 189. 7.08 (6) of the statutes is amended to read:
4306	4306	7.08 (6) ENFORCEMENT OF FEDERAL VOTING SYSTEM STANDARDS. Following each
4307	4307	general election, audit the performance of each voting system used in this state to
4308	4308	determine the error rate of the system in counting ballots that are validly cast by
4309	4309	electors. If the error rate exceeds the rate permitted under standards of the federal
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4336	4336	SECTION 189 ASSEMBLY BILL 899
4337	4337	election commission in effect on October 29, 2002, the commission secretary of state
4338	4338	shall take remedial action and order remedial action to be taken by affected counties
4339	4339	and municipalities to ensure compliance with the standards. Each county and
4340	4340	municipality shall comply with any order received under this subsection.
4341	4341	SECTION 190. 7.10 (1) (a) of the statutes is amended to read:
4342	4342	7.10 (1) (a) Each county clerk shall provide ballots for every election in the
4343	4343	county for all national, state and county offices, including metropolitan sewerage
4344	4344	commission elections under s. 200.09 (11) (am), for municipal judges elected under
4345	4345	s. 755.01 (4) and for state and county referenda. The official and sample ballots shall
4346	4346	be prepared in substantially the same form as those prescribed by the commission
4347	4347	secretary of state under s. 7.08 (1) (a).
4348	4348	SECTION 191. 7.10 (2) of the statutes is amended to read:
4349	4349	7.10 (2) PREPARING BALLOTS. The county clerk shall prepare copy for the official
4350	4350	ballots immediately upon receipt of the certified list of candidates' names from the
4351	4351	commission secretary of state. Names certified by the commission secretary shall be
4352	4352	arranged in the order certified. The county clerk shall place the names of all
4353	4353	candidates filed in the clerk's office or certified to the clerk by the commission
4354	4354	secretary on the proper ballot or ballots under the appropriate office and party titles.
4355	4355	The county clerk shall prepare a special ballot under s. 5.60 (8) showing only the
4356	4356	candidates in the presidential preference primary.
4357	4357	SECTION 192. 7.10 (3) (a) of the statutes is amended to read:
4358	4358	7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks
4359	4359	no later than 48 days before each partisan primary and general election and no later
4360	4360	than 22 days before each other primary and election, except that the clerk shall
4361	4361	distribute the ballots under sub. (2) for the presidential preference primary no later
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4389	4389	SECTION 192
4390	4390	ASSEMBLY BILL 899
4391	4391	48 days before the presidential preference primary. Election forms prepared by the
4392	4392	commission secretary of state shall be distributed at the same time. If the
4393	4393	commission secretary transmits an amended certification under s. 7.08 (2) (a) or if
4394	4394	the commission secretary or a court orders a ballot error to be corrected under s. 5.06
4395	4395	(6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute
4396	4396	corrected ballots to the municipal clerks as soon as possible.
4397	4397	SECTION 193. 7.10 (4) of the statutes is amended to read:
4398	4398	7.10 (4) RESOLVING NOTICE DOUBTS. When in doubt as to compliance with the
4399	4399	statutory requirements for election notices or the correct fees to be paid for them, the
4400	4400	county clerk may consult the commission secretary of state.
4401	4401	SECTION 194. 7.10 (7) of the statutes is amended to read:
4402	4402	7.10 (7) VOTER EDUCATION. Each county clerk shall assist the commission
4403	4403	secretary of state in conducting educational programs under s. 5.05 (12) to inform
4404	4404	electors about the voting process.
4405	4405	SECTION 195. 7.10 (8) of the statutes is amended to read:
4406	4406	7.10 (8) FREE ELECTION INFORMATION EXCHANGE. Each county clerk shall assist
4407	4407	the commission secretary of state and municipal clerks in maintaining toll-free
4408	4408	telephone lines and other free access systems under s. 5.05 (13) for exchange of voting
4409	4409	information.
4410	4410	SECTION 196. 7.10 (9) of the statutes is amended to read:
4411	4411	7.10 (9) TRAINING OF ELECTION OFFICIALS. Each county clerk shall assist the
4412	4412	commission secretary of state in the training of election officials under s. 5.05 (7).
4413	4413	SECTION 197. 7.10 (10) of the statutes is amended to read:
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4438	4438	SECTION 197 ASSEMBLY BILL 899
4439	4439	7.10 (10) INFORMATION TO COMMISSION SECRETARY OF STATE. Each county clerk
4440	4440	shall provide to the commission secretary of state any information requested under
4441	4441	s. 5.05 (14).
4442	4442	SECTION 198. 7.15 (1) (e) of the statutes is amended to read:
4443	4443	7.15 (1) (e) Train election officials in their duties, calling them together
4444	4444	whenever advisable, advise them of changes in laws, rules and procedures affecting
4445	4445	the performance of their duties, and administer examinations as authorized under
4446	4446	s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules
4447	4447	promulgated by the commission secretary of state under ss. 7.31 and 7.315. The clerk
4448	4448	shall assure that officials who serve at polling places where an electronic voting
4449	4449	system is used are familiar with the system and competent to instruct electors in its
4450	4450	proper use. The clerk shall inspect systematically and thoroughly the conduct of
4451	4451	elections in the municipality so that elections are honestly, efficiently and uniformly
4452	4452	conducted.
4453	4453	SECTION 199. 7.15 (1) (g) of the statutes is amended to read:
4454	4454	7.15 (1) (g) In the manner prescribed by the commission secretary of state,
4455	4455	report suspected election frauds, irregularities, or violations of which the clerk has
4456	4456	knowledge to the district attorney for the county where the suspected activity occurs
4457	4457	and to the commission secretary. The commission secretary shall annually report the
4458	4458	information obtained under this paragraph to the legislature under s. 13.172 (2).
4459	4459	SECTION 200. 7.15 (1m) of the statutes is amended to read:
4460	4460	7.15 (1m) ATTEND TRAINING. Each municipal clerk shall, at least once every 2
4461	4461	years during the period beginning on January 1 of each even-numbered year and
4462	4462	ending on December 31 of the following year, attend a training program sponsored
4463	4463	by the commission secretary of state under ss. 7.31 and 7.315.
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4491	4491	SECTION 201
4492	4492	ASSEMBLY BILL 899
4493	4493	SECTION 201. 7.15 (8) of the statutes is amended to read:
4494	4494	7.15 (8) RESOLVING NOTICE DOUBTS. When in doubt as to compliance with the
4495	4495	statutory requirements for election notices or the correct fees to be paid for them, the
4496	4496	municipal clerk may consult the commission secretary of state.
4497	4497	SECTION 202. 7.15 (9) of the statutes is amended to read:
4498	4498	7.15 (9) VOTER EDUCATION. Each municipal clerk shall assist the commission
4499	4499	secretary of state in conducting educational programs under s. 5.05 (12) to inform
4500	4500	electors about the voting process.
4501	4501	SECTION 203. 7.15 (10) of the statutes is amended to read:
4502	4502	7.15 (10) FREE ELECTION INFORMATION EXCHANGE. Each municipal clerk shall
4503	4503	assist the commission secretary of state in maintaining toll-free telephone lines and
4504	4504	any other free access systems under s. 5.05 (13) for exchange of voting information.
4505	4505	SECTION 204. 7.15 (13) of the statutes is amended to read:
4506	4506	7.15 (13) INFORMATION TO COMMISSION SECRETARY OF STATE. Each municipal clerk
4507	4507	shall provide to the commission secretary of state any information requested under
4508	4508	s. 5.05 (14).
4509	4509	SECTION 205. 7.30 (2) (c) of the statutes is amended to read:
4510	4510	7.30 (2) (c) The governing body of any municipality may require all persons
4511	4511	serving as election officials to prove their ability to read and write English and to
4512	4512	have a general knowledge of the election laws. Examinations may be given to prove
4513	4513	the qualifications can be met. The municipal clerk shall ensure that all training
4514	4514	meets the training requirements prescribed in rules promulgated by the commission
4515	4515	secretary of state under ss. 7.31 and 7.315.
4516	4516	SECTION 206. 7.30 (4) (e) of the statutes is amended to read:
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4542	4542	SECTION 206 ASSEMBLY BILL 899
4543	4543	7.30 (4) (e) If an appointing authority believes that, for good cause, it should
4544	4544	not appoint an individual whose name is submitted as a first choice nominee under
4545	4545	par. (b), it may request the commission secretary of state to authorize
4546	4546	nonappointment. The commission secretary may permit nonappointment of an
4547	4547	individual for cause demonstrated by an appointing authority.
4548	4548	SECTION 207. 7.30 (6) (b) of the statutes is amended to read:
4549	4549	7.30 (6) (b) Prior to the first election following the appointment of the
4550	4550	inspectors, the municipal clerk shall appoint one of the inspectors at each polling
4551	4551	place, other than an inspector who is appointed under sub. (1) (b), to serve as chief
4552	4552	inspector. No person may serve as chief inspector at any election who is not certified
4553	4553	by the commission secretary of state under s. 7.31 at the time of the election. The
4554	4554	chief inspector shall hold the position for the remainder of the term unless the
4555	4555	inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31,
4556	4556	except that whenever wards are combined or separated under s. 5.15 (6) (b), the
4557	4557	municipal clerk shall appoint another inspector who is certified under s. 7.31 to serve
4558	4558	as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy
4559	4559	occurs in the position of chief inspector at any polling place, the municipal clerk shall
4560	4560	appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.
4561	4561	SECTION 208. 7.31 of the statutes is amended to read:
4562	4562	7.31 Training and certification of chief inspectors. (1) The commission
4563	4563	secretary of state shall establish requirements for certification of individuals to serve
4564	4564	as chief inspectors. The requirements shall include a requirement to attend at least
4565	4565	one training session held under sub. (5) before beginning service.
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4591	4591	SECTION 208
4592	4592	ASSEMBLY BILL 899
4593	4593	(2) No individual may serve as a chief inspector at a polling place in an election
4594	4594	unless the individual is certified by the commission secretary of state to hold that
4595	4595	office on the date of the election at which the individual serves.
4596	4596	(3) The commission secretary of state shall, upon application, issue certificates
4597	4597	to qualified individuals who meet the requirements to be certified as chief inspectors.
4598	4598	Each certificate shall carry an expiration date.
4599	4599	(4) The commission secretary of state shall require each individual to whom
4600	4600	a certificate is issued under this section to meet requirements to maintain that
4601	4601	certification. The requirements shall include a requirement to attend at least one
4602	4602	training session held under sub. (5) every 2 years during the period beginning on
4603	4603	January 1 of each even-numbered year and ending on December 31 of the following
4604	4604	year. The commission secretary shall renew the certificate of any individual who
4605	4605	requests renewal and who meets the requirements prescribed under this subsection.
4606	4606	(5) The commission secretary of state shall conduct regular training programs
4607	4607	to ensure that individuals who are certified by the commission secretary under this
4608	4608	section are knowledgeable concerning their authority and responsibilities. The
4609	4609	commission secretary shall pay all costs required to conduct the training programs
4610	4610	from the appropriation under s. 20.510 (1) 20.575 (2) (bm).
4611	4611	SECTION 209. 7.315 (1) (a) of the statutes is amended to read:
4612	4612	7.315 (1) (a) The commission secretary of state shall, by rule, prescribe the
4613	4613	contents of the training that municipal clerks must provide to inspectors, other than
4614	4614	chief inspectors, and to special voting deputies appointed under s. 6.875.
4615	4615	SECTION 210. 7.315 (2) of the statutes is amended to read:
4616	4616	7.315 (2) The commission secretary of state shall, by rule, prescribe
4617	4617	requirements for, and the content of, training required of municipal clerks under s.
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4644	4644	SECTION 210 ASSEMBLY BILL 899
4645	4645	7.15 (1m). The commission secretary may provide such training directly or arrange
4646	4646	for such training to be provided by other organizations. The rules shall provide a
4647	4647	method for notifying the relevant municipal governing body if a municipal clerk fails
4648	4648	to attend required training.
4649	4649	SECTION 211. 7.315 (3) of the statutes is amended to read:
4650	4650	7.315 (3) The commission secretary of state may produce and periodically
4651	4651	reissue as necessary a video program for the purpose of training election officials,
4652	4652	including special voting deputies and election registration officials. The commission
4653	4653	secretary shall make any such program available for viewing electronically through
4654	4654	an Internet-based system.
4655	4655	SECTION 212. 7.38 (5) of the statutes is amended to read:
4656	4656	7.38 (5) In the event of failure to file the name of a current state chairperson,
4657	4657	as required under s. 8.17 (12), the commission secretary of state may not recognize
4658	4658	the state committee for the purpose of filling vacancies under sub. (1).
4659	4659	SECTION 213. 7.41 (5) of the statutes is repealed.
4660	4660	SECTION 214. 7.52 (1) (a) of the statutes is amended to read:
4661	4661	7.52 (1) (a) The governing body of any municipality may provide by ordinance
4662	4662	that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
4663	4663	municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
4664	4664	at each election held in the municipality, canvass all absentee ballots received by the
4665	4665	municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
4666	4666	subsection, the municipal clerk or board of election commissioners of the
4667	4667	municipality shall notify the elections commission secretary of state in writing of the
4668	4668	proposed enactment and shall consult with the elections commission secretary
4669	4669	concerning administration of this section. At every election held in the municipality
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4697	4697	SECTION 214
4698	4698	ASSEMBLY BILL 899
4699	4699	following enactment of an ordinance under this subsection, the board of absentee
4700	4700	ballot canvassers shall, any time after the opening of the polls and before 10 p.m. on
4701	4701	election day, publicly convene to count the absentee ballots for the municipality. The
4702	4702	municipal clerk shall give at least 48 hours' notice of any meeting under this
4703	4703	subsection. Any member of the public has the same right of access to a meeting of
4704	4704	the municipal board of absentee ballot canvassers under this subsection that the
4705	4705	individual would have under s. 7.41 to observe the proceedings at a polling place. The
4706	4706	board of absentee ballot canvassers may order the removal of any individual
4707	4707	exercising the right to observe the proceedings if the individual disrupts the meeting.
4708	4708	SECTION 215. 7.60 (4) (a) of the statutes is amended to read:
4709	4709	7.60 (4) (a) The board of canvassers shall make separate duplicate statements
4710	4710	showing the numbers of votes cast for the offices of president and vice president; state
4711	4711	officials; U.S. senators and representatives in congress; state legislators; justice;
4712	4712	court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
4713	4713	commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
4714	4714	municipal judge elected under s. 755.01 (4) serves a municipality that is located
4715	4715	partially within the county and candidates for that judgeship file nomination papers
4716	4716	in another county, the board of canvassers shall prepare a duplicate statement
4717	4717	showing the numbers of votes cast for that judgeship in that county for transmittal
4718	4718	to the other county. For partisan candidates, the statements shall include the
4719	4719	political party or principle designation, if any, next to the name of each candidate.
4720	4720	The board of canvassers shall also prepare a statement showing the results of any
4721	4721	county, technical college district, or statewide referendum. Each statement shall
4722	4722	state the total number of votes cast in the county for each office; the names of all
4723	4723	persons for whom the votes were cast, as returned; the number of votes cast for each
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4750	4750	SECTION 215 ASSEMBLY BILL 899
4751	4751	person; and the number of votes cast for and against any question submitted at a
4752	4752	referendum. The board of canvassers shall use one copy of each duplicate statement
4753	4753	to report to the elections commission secretary of state, technical college district
4754	4754	board, or board of canvassers of any other county and shall file the other statement
4755	4755	in the office of the county clerk or board of election commissioners.
4756	4756	SECTION 216. 7.60 (5) of the statutes is amended to read:
4757	4757	7.60 (5) REPORTING. (a) Immediately following the canvass, the county clerk
4758	4758	shall deliver or transmit to the elections commission secretary of state a certified
4759	4759	copy of each statement of the county board of canvassers for president and vice
4760	4760	president, state officials, senators and representatives in congress, state legislators,
4761	4761	justice, court of appeals judge, circuit judge, district attorney, and metropolitan
4762	4762	sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am).
4763	4763	The statement shall record the returns for each office or referendum by ward, unless
4764	4764	combined returns are authorized under s. 5.15 (6) (b) in which case the statement
4765	4765	shall record the returns for each group of combined wards. Following primaries the
4766	4766	county clerk shall enclose on forms prescribed by the elections commission secretary
4767	4767	of state the names, party or principle designation, if any, and number of votes
4768	4768	received by each candidate recorded in the same manner. The county clerk shall
4769	4769	deliver or transmit the certified statement to the elections commission secretary of
4770	4770	state no later than 9 days after each primary except the partisan primary, no later
4771	4771	than 10 days after the partisan primary and any other election except the general
4772	4772	election, and no later than 14 days after the general election. The board of canvassers
4773	4773	shall deliver or transmit a certified copy of each statement for any technical college
4774	4774	district referendum to the secretary of the technical college district board.
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4801	4801	SECTION 216
4802	4802	ASSEMBLY BILL 899
4803	4803	(b) If the board of canvassers becomes aware of a material mistake in the
4804	4804	canvass of an election for state or national office or a statewide or technical college
4805	4805	district referendum prior to the close of business on the day the elections commission
4806	4806	secretary of state receives returns from the last county board of canvassers with
4807	4807	respect to that canvass, the board of canvassers may petition the elections
4808	4808	commission secretary of state to reopen and correct the canvass. The elections
4809	4809	commission secretary of state shall direct the canvass to be reopened and corrected
4810	4810	if it the secretary determines that the public interest so requires. If the elections
4811	4811	commission secretary of state directs the canvass to be reopened, the board of
4812	4812	canvassers shall reconvene and transmit a certified corrected copy of the canvass
4813	4813	statement to the elections commission secretary of state or secretary of the technical
4814	4814	college district board.
4815	4815	SECTION 217. 7.70 (1) of the statutes is amended to read:
4816	4816	7.70 (1) RECORDING AND PRESERVING RETURNS. (a) Upon receipt of the certified
4817	4817	statements from the county clerks, the commission secretary of state shall record the
4818	4818	election results by counties and file and carefully preserve the statements.
4819	4819	(b) If any county clerk fails or neglects to forward any statements, the
4820	4820	commission secretary of state may require the clerk to do so immediately and if not
4821	4821	received by the 8th day after a primary, or by the 11th day after any other election,
4822	4822	the commission secretary of state may dispatch a special messenger to obtain them.
4823	4823	Whenever it appears upon the face of any statement that an error has been made in
4824	4824	reporting or computing, the commission secretary of state may return it to the county
4825	4825	clerk for correction.
4826	4826	SECTION 218. 7.70 (3) (a), (b), (c), (d), (e), (g), (h) and (i) of the statutes are
4827	4827	amended to read:
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4854	4854	SECTION 218 ASSEMBLY BILL 899
4855	4855	7.70 (3) (a) The chairperson of the commission secretary of state or a designee
4856	4856	of the chairperson secretary of state appointed by the chairperson secretary to
4857	4857	canvass a specific election shall publicly canvass the returns and make his or her
4858	4858	certifications and determinations on or before the 2nd Tuesday following a spring
4859	4859	primary, the 15th day of May following a spring election, the 3rd Wednesday
4860	4860	following a partisan primary, the first day of December following a general election,
4861	4861	the 2nd Thursday following a special primary, or within 18 days after any special
4862	4862	election.
4863	4863	(b) The commission chairperson secretary of state or the chairperson's
4864	4864	secretary's designee shall examine the certified statements of the county boards of
4865	4865	canvassers. If it appears that any material mistake has been made in the
4866	4866	computation of votes, or any county board of canvassers failed to canvass the votes
4867	4867	or omitted votes from any ward or election district in the county, the commission
4868	4868	chairperson secretary of state or the chairperson's secretary's designee may dispatch
4869	4869	a messenger to the county clerk with written instructions to certify the facts
4870	4870	concerning the mistake or the reason why the votes were not canvassed. A clerk to
4871	4871	whom such instructions are delivered shall immediately make a true and full
4872	4872	answer, sign it, affix the county seal and deliver it to the messenger. The messenger
4873	4873	shall deliver it with all possible dispatch to the commission secretary of state.
4874	4874	(c) The chairperson of the commission secretary of state or the chairperson's
4875	4875	secretary's designee shall conclude the state canvass within 10 days after its
4876	4876	commencement.
4877	4877	(d) When the certified statements and returns are received, the chairperson of
4878	4878	the commission secretary of state or the chairperson's secretary's designee shall
4879	4879	proceed to examine and make a statement of the total number of votes cast at any
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4907	4907	SECTION 218
4908	4908	ASSEMBLY BILL 899
4909	4909	election for the offices involved in the election for president and vice president; a
4910	4910	statement for each of the offices of governor, lieutenant governor, if a primary, and
4911	4911	a joint statement for the offices of governor and lieutenant governor, if a general
4912	4912	election; a statement for each of the offices of secretary of state, state treasurer,
4913	4913	attorney general, and state superintendent; for U.S. senator; representative in
4914	4914	congress for each congressional district; the state legislature; justice; court of appeals
4915	4915	judge; circuit judge; district attorney; metropolitan sewerage commission, if the
4916	4916	commissioners are elected under s. 200.09 (11) (am); and for any referenda questions
4917	4917	submitted by the legislature.
4918	4918	(e) The chairperson of the commission secretary of state or the chairperson's
4919	4919	secretary's designee shall make a special statement to the commission as soon as
4920	4920	possible after the canvass of the general election certifying the name of each political
4921	4921	party which receives at least one 1 percent of the vote cast in such election for any
4922	4922	statewide office.
4923	4923	(g) Following each primary election, the chairperson of the commission
4924	4924	secretary of state or the chairperson's secretary's designee shall prepare a statement
4925	4925	certifying the results of the primary, which shall indicate the names of the persons
4926	4926	who have won nomination to any state or national office. Following each other
4927	4927	election, the chairperson of the commission secretary of state or the chairperson's
4928	4928	secretary's designee shall prepare a statement certifying the results of the election
4929	4929	and shall attach to the statement a certificate of determination which shall indicate
4930	4930	the names of persons who have been elected to any state or national office. The
4931	4931	chairperson of the commission secretary of state or the chairperson's secretary's
4932	4932	designee shall likewise prepare a statement and certificate for any statewide
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4958	4958	SECTION 218 ASSEMBLY BILL 899
4959	4959	referendum. The chairperson of the commission or the chairperson's designee shall
4960	4960	deliver each statement and determination to the commission.
4961	4961	(h) Whenever a referendum question submitted to a vote of the people is
4962	4962	approved, the commission secretary of state shall record it and the secretary of state
4963	4963	legislative reference bureau shall have the record bound in the volume containing
4964	4964	the original enrolled laws passed at the next succeeding session of the legislature and
4965	4965	have the record published with the laws thereof. Whenever a constitutional
4966	4966	amendment or other statewide validating or ratifying referendum question which is
4967	4967	approved by the people does not expressly state the date of effectiveness, it shall
4968	4968	become effective at the time the chairperson of the commission secretary of state or
4969	4969	the chairperson's secretary's designee certifies that the amendment or referendum
4970	4970	question is approved.
4971	4971	(i) The commission chairperson secretary of state or the chairperson's
4972	4972	secretary's designee shall canvass only regular returns made by the county board of
4973	4973	canvassers and shall not count or canvass any additional or supplemental returns
4974	4974	or statements made by the county board or any other board or person. The
4975	4975	commission chairperson secretary of state or the chairperson's secretary's designee
4976	4976	shall not count or canvass any statement or return which has been made by the
4977	4977	county board of canvassers at any other time than that provided in s. 7.60. This
4978	4978	provision does not apply to any return made subsequent to a recount under s. 9.01,
4979	4979	when the return is accepted in lieu of any prior return from the same county for the
4980	4980	same office; or to a statement given to the commission chairperson secretary of state
4981	4981	or chairperson's the secretary's designee or a messenger sent by the chairperson
4982	4982	secretary or designee to obtain a correction.
4983	4983	SECTION 219. 7.70 (5) of the statutes is amended to read:
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5011	5011	SECTION 219
5012	5012	ASSEMBLY BILL 899
5013	5013	7.70 (5) CERTIFICATES OF ELECTION. (a) The commission secretary of state shall
5014	5014	record in its the secretary's office each certified statement and determination made
5015	5015	by the commission chairperson secretary or the chairperson's secretary's designee.
5016	5016	Immediately after the expiration of the time allowed to file a petition for recount, the
5017	5017	commission secretary of state shall make and transmit to each person declared
5018	5018	elected a certificate of election under the seal of the commission secretary of state,
5019	5019	except that the commission secretary need not wait until expiration of the time
5020	5020	allowed to file a petition for recount if there is no aggrieved party, as defined in s. 9.01
5021	5021	(1) (a) 5. It The secretary of state shall also prepare similar certificates, attested by
5022	5022	the commission administrator secretary, addressed to the U.S. house of
5023	5023	representatives, stating the names of those persons elected as representatives to the
5024	5024	congress from this state. In the case of U.S. senators, the commission secretary of
5025	5025	state shall prepare and sign a certificate of election for the governor's signature, and
5026	5026	the governor shall sign and affix the great seal of the state and transmit the
5027	5027	certificate to the president of the U.S. senate. The certificate shall be countersigned
5028	5028	by the secretary of state. If a person elected was elected to fill a vacancy, the
5029	5029	certificate shall so indicate. When a valid petition for recount is filed, the commission
5030	5030	chairperson secretary of state or the chairperson's secretary's designee may not
5031	5031	certify a nomination, and the governor or commission secretary of state may not issue
5032	5032	a certificate of election until the recount has been completed and the time allowed
5033	5033	for filing an appeal has passed, or if appealed until the appeal is decided.
5034	5034	(b) For presidential electors, the commission secretary of state shall prepare
5035	5035	a certificate showing the determination of the results of the canvass and the names
5036	5036	of the persons elected, and the governor shall sign, affix the great seal of the state,
5037	5037	and transmit the certificate by registered mail to the U.S. administrator of general
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5064	5064	SECTION 219 ASSEMBLY BILL 899
5065	5065	services. The governor shall also prepare 6 duplicate originals of such certificate and
5066	5066	deliver them to one of the presidential electors on or before the first Monday after the
5067	5067	2nd Wednesday in December.
5068	5068	SECTION 220. 8.07 of the statutes is amended to read:
5069	5069	8.07 Validity of nomination papers. The commission secretary of state shall
5070	5070	promulgate rules under this chapter for use by election officials in determining the
5071	5071	validity of nomination papers and signatures thereon.
5072	5072	SECTION 221. 8.10 (6) (a) of the statutes is amended to read:
5073	5073	8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission,
5074	5074	if the commissioners are elected under s. 200.09 (11) (am), in the office of the elections
5075	5075	commission secretary of state.
5076	5076	SECTION 222. 8.12 (1) of the statutes is amended to read:
5077	5077	8.12 (1) SELECTION OF NAMES FOR BALLOT. (a) No later than 5 p.m. on the 2nd
5078	5078	Tuesday in December of the year before each year in which electors for president and
5079	5079	vice president are to be elected, the state chairperson of each recognized political
5080	5080	party listed on the official ballot at the last gubernatorial election whose candidate
5081	5081	for governor received at least 10 percent of the total votes cast for that office may
5082	5082	certify to the commission secretary of state that the party will participate in the
5083	5083	presidential preference primary. For each party filing such a certification, the voters
5084	5084	of this state shall at the spring election be given an opportunity to express their
5085	5085	preference for the person to be the presidential candidate of that party.
5086	5086	(b) On the first Tuesday in January of each year, or the next day if Tuesday is
5087	5087	a holiday, in which electors for president and vice president are to be elected, there
5088	5088	shall be convened in the capitol a committee consisting of, for each party filing a
5089	5089	certification under this subsection, the state chairperson of that state party
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5116	5116	JK:cdc
5117	5117	SECTION 222
5118	5118	ASSEMBLY BILL 899
5119	5119	organization or the chairperson's designee, one national committeeman and one
5120	5120	national committeewoman designated by the state chairperson; the speaker and the
5121	5121	minority leader of the assembly or their designees, and the president and the
5122	5122	minority leader of the senate or their designees. All designations shall be made in
5123	5123	writing to the commission secretary of state. This committee shall organize by
5124	5124	selecting an additional member who shall be the chairperson and shall determine,
5125	5125	and certify to the commission secretary of state, no later than on the Friday following
5126	5126	the date on which the committee convenes under this paragraph, the names of all
5127	5127	candidates of the political parties represented on the committee for the office of
5128	5128	president of the United States. The committee shall place the names of all
5129	5129	candidates whose candidacy is generally advocated or recognized in the national
5130	5130	news media throughout the United States on the ballot, and may, in addition, place
5131	5131	the names of other candidates on the ballot. The committee shall have sole discretion
5132	5132	to determine that a candidacy is generally advocated or recognized in the national
5133	5133	news media throughout the United States.
5134	5134	(c) No later than 5 p.m. on the last Tuesday in January of each presidential
5135	5135	election year, any person seeking the nomination by the national convention of a
5136	5136	political party filing a certification under this subsection for the office of president
5137	5137	of the United States, or any committee organized in this state on behalf of and with
5138	5138	the consent of such person, may submit to the commission secretary of state a
5139	5139	petition to have the person's name appear on the presidential preference ballot. The
5140	5140	petition may be circulated no sooner than the first Tuesday in January of such year,
5141	5141	or the next day if Tuesday is a holiday, and shall be signed by a number of qualified
5142	5142	electors equal in each congressional district to not less than 1,000 signatures nor
5143	5143	more than 1,500 signatures. The form of the petition shall conform to the
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5170	5170	SECTION 222 ASSEMBLY BILL 899
5171	5171	requirements of s. 8.40. All signers on each separate petition paper shall reside in
5172	5172	the same congressional district.
5173	5173	(d) The commission secretary of state shall forthwith contact each person
5174	5174	whose name has been placed in nomination under par. (b) and notify him or her that
5175	5175	his or her name will appear on the Wisconsin presidential preference ballot unless
5176	5176	he or she files, no later than 5 p.m. on the last Tuesday in January of such year, with
5177	5177	the commission secretary of state, a disclaimer stating without qualification that he
5178	5178	or she is not and does not intend to become a candidate for the office of president of
5179	5179	the United States at the forthcoming presidential election. The disclaimer may be
5180	5180	filed with the commission secretary by certified mail, telegram, or in person.
5181	5181	SECTION 223. 8.12 (2) of the statutes is amended to read:
5182	5182	8.12 (2) BALLOTS. The form of the official ballots shall be prescribed by the
5183	5183	commission secretary of state. The ballot shall provide to an elector the opportunity
5184	5184	to vote for an uninstructed delegation to represent this state at the presidential
5185	5185	nominating convention of his or her party, or to write in the name of a candidate for
5186	5186	the presidential nomination of his or her party.
5187	5187	SECTION 224. 8.12 (3) of the statutes is amended to read:
5188	5188	8.12 (3) REPORTING OF RESULTS. No later than May 15 following the presidential
5189	5189	preference primary, the commission secretary of state shall notify each state party
5190	5190	organization chairperson under sub. (1) (b) of the results of the presidential
5191	5191	preference primary within the state and within each congressional district.
5192	5192	SECTION 225. 8.15 (8) (a) of the statutes is amended to read:
5193	5193	8.15 (8) (a) For state offices and the offices of U.S. senator and representative
5194	5194	in congress, in the office of the commission secretary of state.
5195	5195	SECTION 226. 8.16 (2) (b) of the statutes is amended to read:
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5222	5222	JK:cdc
5223	5223	SECTION 226
5224	5224	ASSEMBLY BILL 899
5225	5225	8.16 (2) (b) If the person is a candidate for state office, the person files a
5226	5226	statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd
5227	5227	day after notification of nomination is mailed or personally delivered to the person
5228	5228	by the commission secretary of state; and
5229	5229	SECTION 227. 8.16 (7) of the statutes is amended to read:
5230	5230	8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each
5231	5231	party entitled to a partisan primary ballot shall be the party's candidates for
5232	5232	president, vice president and presidential electors. The state or national chairperson
5233	5233	of each such party shall certify the names of the party's nominees for president and
5234	5234	vice president to the commission secretary of state no later than 5 p.m. on the first
5235	5235	Tuesday in September preceding a presidential election. Each name shall be in one
5236	5236	of the formats authorized in s. 7.08 (2) (a).
5237	5237	SECTION 228. 8.17 (9) (a) of the statutes is amended to read:
5238	5238	8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents
5239	5239	of that county may voluntarily form a committee, which, upon approval of the state
5240	5240	committee and certification by the secretary of the state committee to the
5241	5241	commission secretary of state and the county clerk or board of election
5242	5242	commissioners, shall then become the county committee with equal standing as if it
5243	5243	had been organized under sub. (5) (a). This standing shall remain unless and until
5244	5244	a committee is organized under sub. (5) (a).
5245	5245	SECTION 229. 8.17 (12) of the statutes is amended to read:
5246	5246	8.17 (12) The secretary of the state committee of each recognized political party
5247	5247	under s. 5.62 (1) (b) or (2) shall notify the commission secretary of state in writing
5248	5248	of the name and address of the elected state committee chairperson within 10 days
5249	5249	of his or her election.
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5276	5276	SECTION 230 ASSEMBLY BILL 899
5277	5277	SECTION 230. 8.18 (2) of the statutes is amended to read:
5278	5278	8.18 (2) The purpose of the convention is to nominate one presidential elector
5279	5279	from each congressional district and 2 electors from the state at large. The names
5280	5280	of the nominees shall be certified immediately by the chairperson of the state
5281	5281	committee of each party to the chairperson of the commission secretary of state.
5282	5282	SECTION 231. 8.185 (1) of the statutes is amended to read:
5283	5283	8.185 (1) The names of candidates for president and vice president may be
5284	5284	written in, in the place provided, on the general ballot at the general election for
5285	5285	choosing the president and vice president of the United States. Write-in votes shall
5286	5286	be listed as scattering unless the person whose name is written in has a list of
5287	5287	presidential electors on file with the commission secretary of state in accordance
5288	5288	with this section or unless the person whose name is written in has received more
5289	5289	than 10 percent of the total vote cast in the ward, or in the municipality if not divided
5290	5290	into wards.
5291	5291	SECTION 232. 8.185 (2) of the statutes is amended to read:
5292	5292	8.185 (2) Any candidates for the office of president and vice president of the
5293	5293	United States as write-in candidates shall file a list of presidential electors and a
5294	5294	declaration of candidacy in the manner prescribed in s. 8.21 with the commission
5295	5295	secretary of state no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the
5296	5296	general election to choose the president and vice president of the United States. The
5297	5297	list shall contain one presidential elector from each congressional district and 2
5298	5298	electors from the state at large and the names of the candidates for president and vice
5299	5299	president for whom they intend to vote, if elected. Compliance with this subsection
5300	5300	may be waived by the commission secretary of state but only if the results of the
5301	5301	general election indicate that a write-in candidate for the office of president is
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5328	5328	JK:cdc
5329	5329	SECTION 232
5330	5330	ASSEMBLY BILL 899
5331	5331	eligible to receive the electoral votes of this state except for noncompliance with this
5332	5332	subsection. In such event, the write-in candidate shall have until 4:30 p.m. on the
5333	5333	Friday following the general election to comply with the filing requirements of this
5334	5334	subsection.
5335	5335	SECTION 233. 8.185 (3) of the statutes is amended to read:
5336	5336	8.185 (3) If more than one list of presidential electors is filed with the
5337	5337	commission secretary of state by any write-in candidates for the offices of president
5338	5338	and vice president of the United States, the first list filed shall be considered the valid
5339	5339	list, provided that this list meets the additional requirements of this section.
5340	5340	SECTION 234. 8.19 (1) of the statutes is amended to read:
5341	5341	8.19 (1) The state committee of any party polling less than 75,000 presidential
5342	5342	votes in this state in the last election may change the name of the party. The new
5343	5343	name may not duplicate that of an existing national party. A certificate of approval
5344	5344	by the party's national committee which has been certified by the national committee
5345	5345	secretary, the state committee chairperson and the state committee secretary shall
5346	5346	be filed with the commission secretary of state.
5347	5347	SECTION 235. 8.19 (3) of the statutes is amended to read:
5348	5348	8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on
5349	5349	the partisan primary and general election ballots has exclusive right to the use of the
5350	5350	name designating it at any election involving political parties. The commission
5351	5351	secretary of state shall not certify nor the county clerk print the name of any person
5352	5352	whose nomination papers indicate a party name comprising a combination of
5353	5353	existing party names, qualifying words, phrases, prefixes, or suffixes in connection
5354	5354	with any existing party name.
5355	5355	SECTION 236. 8.20 (7) of the statutes is amended to read:
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5382	5382	SECTION 236 ASSEMBLY BILL 899
5383	5383	8.20 (7) Nomination papers shall be filed in the office of the commission
5384	5384	secretary of state for all state offices and the offices of U.S. senator and
5385	5385	representative in congress, and in the office of county clerk or board of election
5386	5386	commissioners for all county offices.
5387	5387	SECTION 237. 8.30 (2m) of the statutes is amended to read:
5388	5388	8.30 (2m) The official or agency with whom nomination papers and
5389	5389	declarations of candidacy are required to be filed shall not place a candidate's name
5390	5390	on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05
5391	5391	(2m) (d) 2., 15.61 (3), or 19.49 (2) (c) 2.
5392	5392	SECTION 238. 8.40 (3) of the statutes is amended to read:
5393	5393	8.40 (3) The commission secretary of state shall, by rule, prescribe standards
5394	5394	consistent with this chapter and s. 9.10 (2) to be used by all election officials and
5395	5395	governing bodies in determining the validity of petitions for elections and signatures
5396	5396	thereon.
5397	5397	SECTION 239. 8.50 (1) (a) of the statutes is amended to read:
5398	5398	8.50 (1) (a) When there is to be a special election, the special election for county
5399	5399	office shall be ordered by the county board of supervisors except as provided in s.
5400	5400	17.21 (5); the special election for city office shall be ordered by the common council;
5401	5401	the special election for village office shall be ordered by the board of trustees; the
5402	5402	special election for town office shall be ordered by the town board of supervisors; the
5403	5403	special election for school board member in a school district organized under ch. 119
5404	5404	shall be ordered by the school board; the special election for municipal judge shall
5405	5405	be ordered by the governing body of the municipality, except in 1st class cities, or if
5406	5406	the judge is elected under s. 755.01 (4) jointly by the governing bodies of all
5407	5407	municipalities served by the judge; and all other special elections shall be ordered
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5435	5435	SECTION 239
5436	5436	ASSEMBLY BILL 899
5437	5437	by the governor. When the governor or attorney general issues the order, it shall be
5438	5438	filed and recorded in the office of the commission secretary of state. When the county
5439	5439	board of supervisors issues the order, it shall be filed and recorded in the office of the
5440	5440	county clerk. When the county executive issues the order, it shall be filed in the office
5441	5441	of the county board of election commissioners. When the common council issues the
5442	5442	order, it shall be filed in the office of the city clerk. When the board of trustees issues
5443	5443	the order, it shall be filed in the office of the village clerk. When the town board of
5444	5444	supervisors issues the order, it shall be filed in the office of the town clerk. When the
5445	5445	school board of a school district organized under ch. 119 issues the order, it shall be
5446	5446	filed and recorded in the office of the city board of election commissioners. If a
5447	5447	municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of
5448	5448	the county clerk or board of election commissioners of the county having the largest
5449	5449	portion of the population of the jurisdiction served by the judge.
5450	5450	SECTION 240. 8.50 (1) (b) of the statutes is amended to read:
5451	5451	8.50 (1) (b) Notice of any special election shall be given upon the filing of the
5452	5452	order under par. (a) by publication in a newspaper under ch. 985. If the special
5453	5453	election concerns a national or state office, the commission secretary of state shall
5454	5454	give notice as soon as possible to the county clerks. Upon receipt of notice from the
5455	5455	commission secretary, or when the special election is for a county office or a municipal
5456	5456	judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible
5457	5457	to the municipal clerks of all municipalities in which electors are eligible to vote in
5458	5458	the election and publish one type A notice for all offices to be voted upon within the
5459	5459	county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or
5460	5460	town office, the municipal clerk shall publish one type A notice as provided under s.
5461	5461	10.06 (3) (f).
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5488	5488	SECTION 241 ASSEMBLY BILL 899
5489	5489	SECTION 241. 8.50 (1) (d) of the statutes is amended to read:
5490	5490	8.50 (1) (d) When the election concerns a national office or a special election for
5491	5491	state office is held concurrently with the general election, the commission secretary
5492	5492	of state shall transmit to each county clerk a certified list of all persons for whom
5493	5493	nomination papers have been filed in its his or her office at least 62 days before the
5494	5494	special primary, and in other cases the commission secretary of state shall transmit
5495	5495	the list to each county clerk at least 22 days before the special primary. If no primary
5496	5496	is required, the list shall be transmitted at least 42 days prior to the day of the special
5497	5497	election unless the special election concerns a national office or is held concurrently
5498	5498	with the general election, in which case the list shall be transmitted at least 62 days
5499	5499	prior to the day of the special election. Immediately upon receipt of the certified list,
5500	5500	the county clerk shall prepare his or her ballots. For a county special election, the
5501	5501	county clerk shall certify the candidates and prepare the ballots. If there is a
5502	5502	primary, the county clerk shall publish one type B notice in a newspaper under ch.
5503	5503	10. When a primary is held, as soon as possible after the primary, the county clerk
5504	5504	shall certify the candidates and prepare the ballots for the following special election.
5505	5505	The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.
5506	5506	SECTION 242. 8.50 (3) (e) of the statutes is amended to read:
5507	5507	8.50 (3) (e) In a special election for a state or national office, the county clerk
5508	5508	or board of election commissioners shall transmit the statement of the county board
5509	5509	of canvassers to the elections commission secretary of state no later than 7 days after
5510	5510	the special primary and 13 days after the special election.
5511	5511	SECTION 243. 9.01 (1) (a) 1. of the statutes is amended to read:
5512	5512	9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party,
5513	5513	as determined under subd. 5., or any elector who voted upon any referendum
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5541	5541	SECTION 243
5542	5542	ASSEMBLY BILL 899
5543	5543	question at any election may petition for a recount. The petitioner shall file a verified
5544	5544	petition or petitions with the proper clerk or body under par. (ar) not earlier than the
5545	5545	time of completion of the canvass following canvassing of any valid provisional
5546	5546	ballots under s. 6.97 (4) and, except as provided in this subdivision, not later than
5547	5547	5 p.m. on the 3rd business day following the last meeting day of the municipal or
5548	5548	county board of canvassers determining the election for that office or on that
5549	5549	referendum question following canvassing of all valid provisional ballots or, if more
5550	5550	than one board of canvassers makes the determination, not later than 5 p.m. on the
5551	5551	3rd business day following the last meeting day of the last board of canvassers which
5552	5552	makes a determination following canvassing of all valid provisional ballots. If the
5553	5553	commission chairperson secretary of state or chairperson's secretary's designee
5554	5554	makes the determination for the office or the referendum question, the petitioner
5555	5555	shall file the petition not earlier than the last meeting day of the last county board
5556	5556	of canvassers to make a statement in the election or referendum following
5557	5557	canvassing of all valid provisional ballots and not later than 5 p.m. on the 3rd
5558	5558	business day following the day on which the commission secretary of state receives
5559	5559	the last statement from a county board of canvassers for the election or referendum
5560	5560	following canvassing of all valid provisional ballots. With regard to an election for
5561	5561	president, the petitioner shall file the petition not later than 5 p.m. on the first
5562	5562	business day following the day on which the commission secretary of state receives
5563	5563	the last statement from a county board of canvassers for the election following
5564	5564	canvassing of all valid provisional ballots.
5565	5565	SECTION 244. 9.01 (1) (a) 4. of the statutes is amended to read:
5566	5566	9.01 (1) (a) 4. The petition under subd. 1. may be amended to include
5567	5567	information discovered as a result of the investigation of the board of canvassers or
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5594	5594	SECTION 244 ASSEMBLY BILL 899
5595	5595	the commission chairperson secretary of state or chairperson's secretary's designee
5596	5596	after the filing of the petition if the petitioner moves to amend the petition as soon
5597	5597	as possible after the petitioner discovers, or reasonably should have discovered, the
5598	5598	information that is the subject of the amendment and if the petitioner was unable
5599	5599	to include the information in the original petition.
5600	5600	SECTION 245. 9.01 (1) (ag) 2. of the statutes is amended to read:
5601	5601	9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast
5602	5602	for the leading candidate and those cast for the petitioner or the difference between
5603	5603	the affirmative and negative votes cast upon any referendum question following
5604	5604	canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee
5605	5605	equal to the actual cost of performing the recount in each ward for which the petition
5606	5606	requests a recount, or in each municipality for which the petition requests a recount
5607	5607	where no wards exist, plus the actual cost incurred by the commission secretary of
5608	5608	state to provide services for performing the recount.
5609	5609	SECTION 246. 9.01 (1) (ag) 4. of the statutes is amended to read:
5610	5610	9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys
5611	5611	received by it the secretary into the account under s. 20.510 (1) 20.575 (2) (g), and
5612	5612	shall pay the fees required for each recount to the county clerks of the counties in
5613	5613	which the recount is to be held and shall retain the amount necessary to pay for the
5614	5614	actual cost incurred by the commission secretary of state to provide services for
5615	5615	performing the recount. The county clerk shall deposit fees received by him or her
5616	5616	with the county treasurer. The municipal clerk shall deposit fees received by him or
5617	5617	her with the municipal treasurer.
5618	5618	SECTION 247. 9.01 (1) (ar) 2. of the statutes is amended to read:
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5645	5645	SECTION 247
5646	5646	ASSEMBLY BILL 899
5647	5647	9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be
5648	5648	filed with the clerk of the jurisdiction in which the referendum is called, and, in the
5649	5649	case of the state, with the commission secretary of state.
5650	5650	SECTION 248. 9.01 (1) (ar) 3. of the statutes is amended to read:
5651	5651	9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
5652	5652	under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
5653	5653	Whenever the commission secretary of state receives a valid petition and any
5654	5654	payment under par. (ag) 3., the commission secretary shall promptly by certified mail
5655	5655	or other expeditious means order the proper county boards of canvassers to
5656	5656	commence the recount. County boards of canvassers shall convene no later than 9
5657	5657	a.m. on the 3rd day after receipt of an order and may adjourn for not more than one
5658	5658	day at a time until the recount is completed in the county, except that the commission
5659	5659	secretary may permit extension of the time for adjournment. Returns from a recount
5660	5660	ordered by the commission secretary of state shall be transmitted to the office of the
5661	5661	commission secretary as soon as possible, but in no case later than 13 days from the
5662	5662	date of the order of the commission secretary directing the recount. The commission
5663	5663	chairperson secretary of state or the chairperson's secretary's designee may not
5664	5664	make a determination in any election if a recount is pending before any county board
5665	5665	of canvassers in that election. The commission chairperson secretary of state or the
5666	5666	chairperson's secretary's designee need not recount actual ballots, but shall verify
5667	5667	the returns of the county boards of canvassers in making his or her determinations.
5668	5668	SECTION 249. 9.01 (5) (a) of the statutes is amended to read:
5669	5669	9.01 (5) (a) The board of canvassers or the commission chairperson secretary
5670	5670	of state or the chairperson's secretary's designee shall keep complete minutes of all
5671	5671	proceedings before the board of canvassers or the chairperson secretary or designee.
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5698	5698	SECTION 249 ASSEMBLY BILL 899
5699	5699	The minutes shall include a record of objections and offers of evidence. If the board
5700	5700	of canvassers or the commission chairperson secretary of state or the chairperson's
5701	5701	secretary's designee receives exhibits from any party, the board of canvassers or the
5702	5702	chairperson secretary or designee shall number and preserve the exhibits. The board
5703	5703	of canvassers or the chairperson secretary or chairperson's secretary's designee shall
5704	5704	make specific findings of fact with respect to any irregularity raised in the petition
5705	5705	or discovered during the recount. Any member of the board of canvassers or the
5706	5706	chairperson secretary or chairperson's secretary's designee may administer oaths,
5707	5707	certify official acts, and issue subpoenas for purposes of this section. Witness fees
5708	5708	shall be paid by the county. In the case of proceedings before the commission
5709	5709	chairperson secretary of state or chairperson's the secretary's designee, witness fees
5710	5710	shall be paid by the commission secretary of state.
5711	5711	SECTION 250. 9.01 (5) (bm) of the statutes is amended to read:
5712	5712	9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers
5713	5713	shall deliver to the commission secretary of state one copy of the minutes of the
5714	5714	proceedings kept under par. (a). In addition, in the case of a recount of an election
5715	5715	for state or national office, for each candidate whose name appears on the ballot for
5716	5716	that office under the name of a political party, the board of canvassers shall deliver
5717	5717	one copy of the minutes to the chief officer, if any, who is named in any registration
5718	5718	statement filed under s. 11.0302 by the state committee of that political party, and
5719	5719	in the case of a recount of an election for county office, for each candidate whose name
5720	5720	appears on the ballot for that office under the name of a political party, the board of
5721	5721	canvassers shall deliver one copy of the minutes to the chief officer, if any, who is
5722	5722	named in any registration statement filed under s. 11.0302 by the county committee
5723	5723	of that political party.
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5751	5751	SECTION 251
5752	5752	ASSEMBLY BILL 899
5753	5753	SECTION 251. 9.01 (5) (c) of the statutes is amended to read:
5754	5754	9.01 (5) (c) If the recount is made by a municipal or county board of canvassers
5755	5755	and the result is required to be reported to a county board of canvassers or to the
5756	5756	commission chairperson secretary of state or the chairperson's secretary's designee,
5757	5757	the board of canvassers making the initial recount shall immediately certify the
5758	5758	results to the county board of canvassers or to the commission chairperson secretary
5759	5759	of state or designee. If a county board of canvassers receives such results, it shall
5760	5760	then convene not later than 9 a.m. on the next business day following receipt to
5761	5761	examine the returns and determine the results. If the commission chairperson
5762	5762	secretary of state or the chairperson's secretary's designee receives such results, the
5763	5763	chairperson secretary or designee shall publicly examine the returns and determine
5764	5764	the results not later than 9 a.m. on the 3rd business day following receipt, but if that
5765	5765	day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the
5766	5766	commission chairperson secretary or designee may examine the returns and
5767	5767	determine the results not later than the day specified in s. 7.70 (3) (a).
5768	5768	SECTION 252. 9.01 (6) (a) of the statutes is amended to read:
5769	5769	9.01 (6) (a) Within 5 business days after completion of the recount
5770	5770	determination by the board of canvassers in all counties concerned, or within 5
5771	5771	business days after completion of the recount determination by the commission
5772	5772	chairperson secretary of state or the chairperson's secretary's designee whenever a
5773	5773	determination is made by the chairperson secretary or designee, any candidate, or
5774	5774	any elector when for a referendum, aggrieved by the recount may appeal to circuit
5775	5775	court. The appeal shall commence by serving a written notice of appeal on the other
5776	5776	candidates and persons who filed a written notice of appearance before each board
5777	5777	of canvassers whose decision is appealed, or in the case of a statewide recount, before
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5804	5804	SECTION 252 ASSEMBLY BILL 899
5805	5805	the commission chairperson secretary of state or the chairperson's secretary's
5806	5806	designee. The appellant shall also serve notice on the commission secretary of state
5807	5807	if the commission chairperson secretary or the chairperson's secretary's designee is
5808	5808	responsible for determining the election. The appellant shall serve the notice by
5809	5809	certified mail or in person. The appellant shall file the notice with the clerk of circuit
5810	5810	court together with an undertaking and surety in the amount approved by the court,
5811	5811	conditioned upon the payment of all costs taxed against the appellant.
5812	5812	SECTION 253. 9.01 (7) (a) of the statutes is amended to read:
5813	5813	9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
5814	5814	order directing each affected county, municipal clerk, or board, and the commission
5815	5815	secretary of state, to transmit immediately all ballots, papers and records affecting
5816	5816	the appeal to the clerk of court or to impound and secure such ballots, papers and
5817	5817	records, or both. The order shall be served upon each affected county, municipal
5818	5818	clerk, or board, the commission secretary of state, and all other candidates and
5819	5819	persons who filed a written notice of appearance before any board of canvassers
5820	5820	involved in the recount.
5821	5821	SECTION 254. 9.01 (8) (a) of the statutes is amended to read:
5822	5822	9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the
5823	5823	determination of the board of canvassers or the commission chairperson secretary
5824	5824	of state or chairperson's secretary's designee, it shall affirm the determination.
5825	5825	SECTION 255. 9.01 (8) (c) of the statutes is amended to read:
5826	5826	9.01 (8) (c) The court may not receive evidence not offered to the board of
5827	5827	canvassers or the commission chairperson secretary of state or the chairperson's
5828	5828	secretary's designee except for evidence that was unavailable to a party exercising
5829	5829	due diligence at the time of the recount or newly discovered evidence that could not
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5857	5857	SECTION 255
5858	5858	ASSEMBLY BILL 899
5859	5859	with due diligence have been obtained during the recount, and except that the court
5860	5860	may receive evidence not offered at an earlier time because a party was not
5861	5861	represented by counsel in all or part of a recount proceeding. A party who fails to
5862	5862	object or fails to offer evidence of a defect or irregularity during the recount waives
5863	5863	the right to object or offer evidence before the court except in the case of evidence that
5864	5864	was unavailable to a party exercising due diligence at the time of the recount or
5865	5865	newly discovered evidence that could not with due diligence have been obtained
5866	5866	during the recount or evidence received by the court due to unavailability of counsel
5867	5867	during the recount.
5868	5868	SECTION 256. 9.01 (8) (d) of the statutes is amended to read:
5869	5869	9.01 (8) (d) The court shall set aside or modify the determination of the board
5870	5870	of canvassers or the commission chairperson secretary of state or the chairperson's
5871	5871	secretary's designee if it finds that the board of canvassers or the chairperson
5872	5872	secretary or chairperson's secretary's designee has erroneously interpreted a
5873	5873	provision of law and a correct interpretation compels a particular action. If the
5874	5874	determination depends on any fact found by the board of canvassers or the
5875	5875	commission chairperson secretary of state or the chairperson's secretary's designee,
5876	5876	the court may not substitute its judgment for that of the board of canvassers or the
5877	5877	chairperson secretary or designee as to the weight of the evidence on any disputed
5878	5878	finding of fact. The court shall set aside the determination if it finds that the
5879	5879	determination depends on any finding of fact that is not supported by substantial
5880	5880	evidence.
5881	5881	SECTION 257. 9.01 (10) of the statutes is amended to read:
5882	5882	9.01 (10) STANDARD FORMS AND METHODS. The commission secretary of state
5883	5883	shall prescribe, by rule, standard forms and procedures for the making of recounts
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5910	5910	SECTION 257 ASSEMBLY BILL 899
5911	5911	under this section. The procedures prescribed by the commission secretary shall
5912	5912	require the boards of canvassers in recounts involving more than one board of
5913	5913	canvassers to consult with the commission staff office of the secretary of state prior
5914	5914	to beginning any recount in order to ensure that uniform procedures are used, to the
5915	5915	extent practicable, in such recounts.
5916	5916	SECTION 258. 10.01 (1) of the statutes is amended to read:
5917	5917	10.01 (1) The form of the various election notices shall be prescribed by the
5918	5918	commission secretary of state to standardize election notices. To accomplish this
5919	5919	purpose, the commission secretary shall make rules and draft whatever forms it the
5920	5920	secretary considers necessary. Notification or certification lists of candidates or
5921	5921	referenda questions sent to the county clerks shall prescribe the form in which the
5922	5922	county clerks shall publish the relevant portions of the notice and any additional
5923	5923	county offices and referenda questions. The commission secretary of state shall also
5924	5924	prescribe the provisions for municipal notices which shall be sent to each county
5925	5925	clerk who shall immediately forward them to each municipal clerk.
5926	5926	SECTION 259. 10.01 (2) (intro.) of the statutes is amended to read:
5927	5927	10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices,
5928	5928	modified as necessary to apply to the various elections, which shall be published in
5929	5929	substantially the same form as prescribed by the commission secretary of state. The
5930	5930	5 types of notices are:
5931	5931	SECTION 260. 10.02 (1) of the statutes is amended to read:
5932	5932	10.02 (1) Before any election an appropriate type B notice shall be published
5933	5933	in substantially the form prescribed by the commission secretary of state at the times
5934	5934	prescribed in s. 10.06. The type B notice shall include the following relevant sections
5935	5935	and be within the guidelines established in this section.
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5963	5963	SECTION 261
5964	5964	ASSEMBLY BILL 899
5965	5965	SECTION 261. 10.02 (2) (c) of the statutes is amended to read:
5966	5966	10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size
5967	5967	and style of type and the general display of the facsimile ballots shall be prescribed
5968	5968	by the commission secretary of state and shall conform to the form prescribed by the
5969	5969	commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6
5970	5970	inches in width and the ballot size may be reduced. Voting machine facsimile ballots
5971	5971	shall show a reduced diagram of the front of the voting machine and instructions to
5972	5972	electors on how to vote on the machine. If the ballots in the wards or election districts
5973	5973	within a county or municipality are identical but for the names of different
5974	5974	candidates, districts or seats, the facsimile ballot may show the ballot for one ward
5975	5975	or election district, accompanied by a list of candidates, districts and seats to be voted
5976	5976	upon in the other wards or election districts.
5977	5977	SECTION 262. 10.02 (3) (intro.) of the statutes is amended to read:
5978	5978	10.02 (3) (intro.) The notice shall contain the following:
5979	5979	FACSIMILE BALLOT NOTICE
5980	5980	OF .... ELECTION
5981	5981	Office of .... [County] [Municipal] Clerk.
5982	5982	To the Electors of .... [County] [Municipality]:
5983	5983	Notice is hereby given of a .... election to be held in the several wards in the
5984	5984	[county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers
5985	5985	named below shall be chosen. The names of the candidates for each office to be voted
5986	5986	for, whose nominations have been certified to or filed in this office, are given under
5987	5987	the title of the office and under the appropriate party or other designation, each in
5988	5988	its proper column, together with the questions submitted to a vote, in the sample
5989	5989	ballot below.
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6016	6016	SECTION 262 ASSEMBLY BILL 899
6017	6017	INFORMATION TO ELECTORS
6018	6018	Except where a different statement is prescribed by the commission secretary
6019	6019	of state for use in whole or in part by municipalities using electronic voting systems
6020	6020	under s. 5.95, the voting instructions shall be given substantially as follows:
6021	6021	SECTION 263. 10.06 (1) of the statutes is amended to read:
6022	6022	10.06 (1) ELECTIONS COMMISSION SECRETARY OF STATE. (a) On or before November
6023	6023	15 preceding a spring election the commission secretary of state shall send a type A
6024	6024	notice to each county clerk.
6025	6025	(c) As soon as possible after the deadline for filing nomination papers for the
6026	6026	spring election, but no later than the 2nd Tuesday in January, the commission
6027	6027	secretary of state shall send a type B notice certifying the list of candidates to each
6028	6028	county clerk if a primary is required.
6029	6029	(e) As soon as possible following the state canvass of the spring primary vote,
6030	6030	but no later than the first Tuesday in March, the commission secretary of state shall
6031	6031	send a type B notice certifying to each county clerk the list of candidates for the
6032	6032	spring election. When no state spring primary is held, this notice shall be sent under
6033	6033	par. (c). When there is a referendum, the commission secretary shall send type A and
6034	6034	C notices certifying each question to the county clerks as soon as possible, but no later
6035	6035	than the first Tuesday in March.
6036	6036	(f) On or before the 3rd Tuesday in March preceding a partisan primary and
6037	6037	general election the commission secretary of state shall send a type A notice to each
6038	6038	county clerk.
6039	6039	(h) As soon as possible after the deadline for determining ballot arrangement
6040	6040	for the partisan primary on June 10, the commission secretary of state shall send a
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6067	6067	SECTION 263
6068	6068	ASSEMBLY BILL 899
6069	6069	type B notice to each county clerk certifying the list of candidates for the partisan
6070	6070	primary.
6071	6071	(i) As soon as possible after the state canvass, but no later than the 4th Tuesday
6072	6072	in August, the commission secretary of state shall send a type B notice certifying the
6073	6073	list of candidates and type A and C notices certifying each question for any
6074	6074	referendum to each county clerk for the general election.
6075	6075	SECTION 264. 10.06 (2) (a) of the statutes is amended to read:
6076	6076	10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each
6077	6077	county clerk shall publish a type A notice based on the notice received from the
6078	6078	commission secretary of state for all state offices to be filled at the election by any
6079	6079	electors voting in the county and a similar notice incorporating any county offices.
6080	6080	SECTION 265. 10.06 (2) (b) of the statutes is amended to read:
6081	6081	10.06 (2) (b) Upon receipt of the type B notice from the commission secretary
6082	6082	of state preceding the spring election each county clerk shall add any county offices,
6083	6083	prepare the ballots, and send notice to each municipal clerk of the spring primary.
6084	6084	When there is no state spring primary within the county, but there is to be a county
6085	6085	spring primary, the county clerk shall prepare the ballots and send notice to each
6086	6086	municipal clerk.
6087	6087	SECTION 266. 10.06 (2) (e) of the statutes is amended to read:
6088	6088	10.06 (2) (e) Upon receipt of the type B notice from the commission secretary
6089	6089	of state each county clerk shall add any county offices and referenda, prepare the
6090	6090	ballots and send notice to each municipal clerk of the coming spring election.
6091	6091	SECTION 267. 10.06 (2) (h) of the statutes is amended to read:
6092	6092	10.06 (2) (h) On the 2nd Tuesday in April preceding a partisan primary and
6093	6093	general election, the county clerk shall publish a type A notice based on the notice
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6120	6120	SECTION 267 ASSEMBLY BILL 899
6121	6121	received from the commission secretary of state for all national and state offices to
6122	6122	be filled at the election by any electors voting in the county and incorporating county
6123	6123	offices.
6124	6124	SECTION 268. 10.06 (2) (k) of the statutes is amended to read:
6125	6125	10.06 (2) (k) Upon receipt of the type B notice from the commission secretary
6126	6126	of state preceding the general election, the county clerk shall add county offices and
6127	6127	referenda, if any, and send notice to each municipal clerk of the coming general
6128	6128	election and prepare the ballots.
6129	6129	SECTION 269. 12.01 (intro.) and (1) of the statutes are consolidated,
6130	6130	renumbered 12.01 and amended to read:
6131	6131	12.01 Definitions. The definitions given under s. 11.0101 apply to this
6132	6132	chapter, except as follows: (1) “Candidate" that “candidate” includes a candidate for
6133	6133	national office.
6134	6134	SECTION 270. 12.01 (2) of the statutes is repealed.
6135	6135	SECTION 271. 12.13 (5) (a) of the statutes is amended to read:
6136	6136	12.13 (5) (a) Except as specifically authorized by law and except as provided
6137	6137	in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or
6138	6138	member or employee of the commission secretary of state may disclose information
6139	6139	related to an investigation or prosecution under chs. 5 to 10 or 12, or any other law
6140	6140	specified in s. 978.05 (1) or (2) or provide access to any record of the investigator,
6141	6141	prosecutor, or the commission secretary of state that is not subject to access under
6142	6142	s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or
6143	6143	investigator or a member, an employee, or agent of the commission secretary of state
6144	6144	prior to presenting the information or record in a court of law.
6145	6145	SECTION 272. 12.13 (5) (b) (intro.) of the statutes is amended to read:
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6173	6173	SECTION 272
6174	6174	ASSEMBLY BILL 899
6175	6175	12.13 (5) (b) (intro.) This subsection does not apply to any of the following
6176	6176	communications made by an investigator, prosecutor, employee of an investigator or
6177	6177	prosecutor, or member or employee of the commission secretary of state:
6178	6178	SECTION 273. 12.13 (5) (b) 3. of the statutes is amended to read:
6179	6179	12.13 (5) (b) 3. Communications made to the attorney of an investigator,
6180	6180	prosecutor, or employee, or member of the commission secretary of state or to a
6181	6181	person or the attorney of a person who is investigated or prosecuted by the
6182	6182	commission secretary of state.
6183	6183	SECTION 274. 13.123 (3) (b) 2. of the statutes is amended to read:
6184	6184	13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is
6185	6185	bound by the determination of the chairperson of the elections commission secretary
6186	6186	of state or the chairperson's secretary's designee if such determination has been
6187	6187	issued.
6188	6188	SECTION 275. 13.23 of the statutes is amended to read:
6189	6189	13.23 Election contests; notice. Any person wishing to contest the election
6190	6190	of any senator or member of the assembly shall, within 30 days after the decision of
6191	6191	the board of canvassers, serve a notice in writing on the person whose election the
6192	6192	contestant intends to contest, stating briefly that the election will be contested and
6193	6193	the cause of such contest, and shall file a copy thereof in the office of the elections
6194	6194	commission secretary of state at least 10 days before the day fixed by law for the
6195	6195	meeting of the legislature. The elections commission secretary of state shall then
6196	6196	send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of
6197	6197	such notice, the contestant shall not be entitled to any mileage or salary in case
6198	6198	payment has been made therefor to the sitting member.
6199	6199	SECTION 276. 14.38 (10m) of the statutes is amended to read:
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6226	6226	SECTION 276 ASSEMBLY BILL 899
6227	6227	14.38 (10m) NOTIFICATION OF CONSTITUTIONAL AMENDMENT. If an amendment to
6228	6228	the Wisconsin Constitution is approved that requires the legislature to provide for
6229	6229	temporary succession to the powers and duties of public offices for the period of an
6230	6230	emergency resulting from a cause other than an enemy action, within 30 days after
6231	6231	the elections commission secretary of state records the approval under s. 7.70 (3) (h),
6232	6232	notify the legislature that the amendment has been approved.
6233	6233	SECTION 277. 15.01 (2) of the statutes is amended to read:
6234	6234	15.01 (2) “Commission" means a 3-member governing body in charge of a
6235	6235	department or independent agency or of a division or other subunit within a
6236	6236	department, except for the employment relations commission which shall consist of
6237	6237	one chairperson, the Wisconsin waterways commission which shall consist of 5
6238	6238	members, the elections commission which shall consist of at least 6 members, the
6239	6239	ethics commission which shall consist of at least 6 members, and the parole
6240	6240	commission which shall consist of 4 members. A Wisconsin group created for
6241	6241	participation in a continuing interstate body, or the interstate body itself, shall be
6242	6242	known as a “commission", but is not a commission for purposes of s. 15.06. The parole
6243	6243	commission created under s. 15.145 (1) shall be known as a “commission", but is not
6244	6244	a commission for purposes of s. 15.06.
6245	6245	SECTION 278. 15.06 (1) (d) of the statutes is repealed.
6246	6246	SECTION 279. 15.06 (2) (b) 1. of the statutes is repealed.
6247	6247	SECTION 280. 15.06 (2) (b) 2. of the statutes is renumbered 15.06 (2) (b).
6248	6248	SECTION 281. 15.06 (3) (a) 5. of the statutes is repealed.
6249	6249	SECTION 282. 15.06 (5) of the statutes is amended to read:
6250	6250	15.06 (5) FREQUENCY OF MEETINGS; PLACE. Every commission shall meet on the
6251	6251	call of the chairperson or a majority of its members. Every commission shall
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6279	6279	SECTION 282
6280	6280	ASSEMBLY BILL 899
6281	6281	maintain its offices in Madison, but may meet or hold hearings at such other
6282	6282	locations as will best serve the citizens of this state. The elections commission and
6283	6283	the ethics commission shall meet in person at least 4 times each year and shall
6284	6284	conduct meetings in accordance with accepted parliamentary procedure.
6285	6285	SECTION 283. 15.06 (6) of the statutes is amended to read:
6286	6286	15.06 (6) QUORUM. A majority of the membership of a commission constitutes
6287	6287	a quorum to do business, except that vacancies shall not prevent a commission from
6288	6288	doing business. This subsection does not apply to the parole commission, elections
6289	6289	commission, or ethics commission.
6290	6290	SECTION 284. 15.06 (10) of the statutes is amended to read:
6291	6291	15.06 (10) COMPENSATION. A member of the elections commission and a member
6292	6292	of the ethics commission shall receive a per diem of $115 for each day on which the
6293	6293	member attends or participates by audio or video conference call in a meeting of the
6294	6294	member's commission.
6295	6295	SECTION 285. 15.61 of the statutes is repealed.
6296	6296	SECTION 286. 16.79 (2) of the statutes is amended to read:
6297	6297	16.79 (2) The department shall distribute in pamphlet form copies of the
6298	6298	constitution and such laws as may be required to meet the public demand, including
6299	6299	the election laws. The department shall distribute election manuals, forms, and
6300	6300	supplies specified by the elections commission secretary of state. The laws, manuals,
6301	6301	forms, and supplies shall be sold by the department at cost, including distribution
6302	6302	cost as determined under s. 35.80. The elections commission secretary of state shall
6303	6303	inform the department in writing as to which election manuals, forms, and supplies
6304	6304	shall be offered for distribution under this subsection.
6305	6305	SECTION 287. 16.96 (3) (b) of the statutes is amended to read:
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6332	6332	SECTION 287 ASSEMBLY BILL 899
6333	6333	16.96 (3) (b) Maintain and keep current throughout the decade the maps of
6334	6334	congressional and legislative district boundaries received from the legislative
6335	6335	reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections
6336	6336	commission secretary of state.
6337	6337	SECTION 288. 17.17 (1) of the statutes is amended to read:
6338	6338	17.17 (1) SENATORS AND MEMBERS OF CONGRESS. In the office of United States
6339	6339	senator or member of congress from this state, by the county clerk of the county
6340	6340	wherein such officer resided at the time of election, to the elections commission
6341	6341	secretary of state.
6342	6342	SECTION 289. 17.17 (4) of the statutes is amended to read:
6343	6343	17.17 (4) JUSTICES AND JUDGES. In the office of justice of the supreme court, court
6344	6344	of appeals judge, or judge of a circuit court, by the director of state courts to the
6345	6345	governor and the elections commission secretary of state.
6346	6346	SECTION 290. 19.42 (10) (a) of the statutes is repealed.
6347	6347	SECTION 291. 19.42 (13) (p) of the statutes is repealed.
6348	6348	SECTION 292. 19.43 (4) of the statutes is amended to read:
6349	6349	19.43 (4) A candidate for state public office shall file with the commission a
6350	6350	statement of economic interests meeting each of the requirements of s. 19.44 (1) no
6351	6351	later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
6352	6352	for the office which the candidate seeks, or no later than 4:30 p.m. on the next
6353	6353	business day after the last day whenever that candidate is granted an extension of
6354	6354	time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j),
6355	6355	8.10 (2) (a), 8.15 (1), or 8.20 (8) (a); no later than 4:30 p.m. on the 5th day after
6356	6356	notification of nomination is mailed or personally delivered to the candidate by the
6357	6357	municipal clerk in the case of a candidate who is nominated at a caucus; or no later
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6384	6384	JK:cdc
6385	6385	SECTION 292
6386	6386	ASSEMBLY BILL 899
6387	6387	than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally
6388	6388	delivered to the candidate by the appropriate official or agency in the case of a
6389	6389	write-in candidate or candidate who is appointed to fill a vacancy in nomination
6390	6390	under s. 8.35 (2) (a). The information contained on the statement shall be current
6391	6391	as of December 31 of the year preceding the filing deadline. Before certifying the
6392	6392	name of any candidate for state public office under s. 7.08 (2) (a), the elections
6393	6393	commission secretary of state, municipal clerk, or board of election commissioners
6394	6394	shall ascertain whether that candidate has complied with this subsection. If not, the
6395	6395	elections commission secretary of state, municipal clerk, or board of election
6396	6396	commissioners may not certify the candidate's name for ballot placement.
6397	6397	SECTION 293. 19.85 (1) (h) of the statutes is amended to read:
6398	6398	19.85 (1) (h) Consideration of requests for confidential written advice from the
6399	6399	elections commission secretary of state under s. 5.05 (6a) or the ethics commission
6400	6400	under s. 19.46 (2), or from any county or municipal ethics board under s. 19.59 (5).
6401	6401	SECTION 294. 19.851 (title) of the statutes is amended to read:
6402	6402	19.851 (title) Closed sessions by ethics or elections commission.
6403	6403	SECTION 295. 19.851 (1) of the statutes is amended to read:
6404	6404	19.851 (1) Prior to convening under this section or under s. 19.85 (1), the ethics
6405	6405	commission and the elections commission shall vote to convene in closed session in
6406	6406	the manner provided in s. 19.85 (1). The ethics commission shall identify the specific
6407	6407	reason or reasons under sub. (2) and s. 19.85 (1) (a) to (h) for convening in closed
6408	6408	session. The elections commission shall identify the specific reason or reasons under
6409	6409	s. 19.85 (1) (a) to (h) for convening in closed session. No business may be conducted
6410	6410	by the ethics commission or the elections commission at any closed session under this
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6436	6436	SECTION 295 ASSEMBLY BILL 899
6437	6437	section except that which relates to the purposes of the session as authorized in this
6438	6438	section or as authorized in s. 19.85 (1).
6439	6439	SECTION 296. 20.505 (1) (d) of the statutes is amended to read:
6440	6440	20.505 (1) (d) Special counsel. A sum sufficient, subject to s. 5.05 (2q), for
6441	6441	supplementing the appropriation under s. 20.510 (1) 20.575 (2) (be) for ongoing
6442	6442	investigations; subject to s. 19.49 (2q), for supplementing the appropriation under
6443	6443	s. 20.521 (1) (be) for ongoing investigations; and, subject to the procedures
6444	6444	established in s. 14.11 (2) (c), for the compensation of special counsel appointed as
6445	6445	provided in ss. 14.11 (2) and 321.42.
6446	6446	SECTION 297. 20.510 (intro.) and (1) (title) of the statutes are repealed.
6447	6447	SECTION 298. 20.510 (1) (a) of the statutes is renumbered 20.575 (2) (a) and
6448	6448	amended to read:
6449	6449	20.575 (2) (a) General program operations; general purpose revenue.
6450	6450	Biennially, the amounts in the schedule for general program operations of the
6451	6451	commission secretary of state with regard to election administration, including the
6452	6452	printing of forms, materials, manuals, and election laws under s. 7.08 (1) (b), (3), and
6453	6453	(4), and the training of election officials under s. 5.05 (7).
6454	6454	SECTION 299. 20.510 (1) (be) of the statutes is renumbered 20.575 (2) (be) and
6455	6455	amended to read:
6456	6456	20.575 (2) (be) Investigations. The amounts in the schedule for the purpose of
6457	6457	financing the costs of investigations authorized by the commission secretary of state
6458	6458	of potential violations of chs. 5 to 10 and 12.
6459	6459	SECTION 300. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).
6460	6460	SECTION 301. 20.510 (1) (br) of the statutes is renumbered 20.575 (2) (br).
6461	6461	SECTION 302. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).
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6489	6489	SECTION 303
6490	6490	ASSEMBLY BILL 899
6491	6491	SECTION 303. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).
6492	6492	SECTION 304. 20.510 (1) (e) of the statutes is renumbered 20.575 (2) (e).
6493	6493	SECTION 305. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g) and
6494	6494	amended to read:
6495	6495	20.575 (2) (g) Recount fees. The amounts in the schedule to be apportioned to
6496	6496	the commission secretary of state and the county clerks or county board of election
6497	6497	commissioners as prescribed in s. 9.01 (1) (ag). All moneys received on account of
6498	6498	recount petitions filed with the commission secretary of state shall be credited to this
6499	6499	appropriation account.
6500	6500	SECTION 306. 20.510 (1) (h) of the statutes is renumbered 20.575 (2) (h) and
6501	6501	amended to read:
6502	6502	20.575 (2) (h) Materials and services. The For the purpose of administering
6503	6503	elections, the amounts in the schedule for the costs of publishing documents, locating
6504	6504	and copying records, and conducting administrative meetings and conferences, for
6505	6505	compiling, disseminating, and making available information prepared by and filed
6506	6506	with the commission secretary of state, and for supplies, postage, and shipping. All
6507	6507	With regard to election administration, all moneys received by the commission
6508	6508	secretary of state from collections for sales of publications, for copies of records, for
6509	6509	supplies, for postage, for shipping and records location fees, and for charges assessed
6510	6510	to participants in administrative meetings and conferences, except moneys received
6511	6511	from requesters from sales of copies of the official registration list, shall be credited
6512	6512	to this appropriation account.
6513	6513	SECTION 307. 20.510 (1) (jm) of the statutes is renumbered 20.575 (2) (jm) and
6514	6514	amended to read:
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6540	6540	SECTION 307 ASSEMBLY BILL 899
6541	6541	20.575 (2) (jm) Gifts and grants. The amounts in the schedule to carry out the
6542	6542	purposes, not inconsistent with the law, for which gifts, grants, and bequests to the
6543	6543	commission secretary of state are made. All moneys received by the commission
6544	6544	secretary of state from gifts, grants, and bequests shall be credited to this
6545	6545	appropriation account.
6546	6546	SECTION 308. 20.510 (1) (jn) of the statutes, as created by 2021 Wisconsin Act
6547	6547	58, is renumbered 20.575 (2) (jn).
6548	6548	SECTION 309. 20.510 (1) (m) of the statutes is renumbered 20.575 (2) (m).
6549	6549	SECTION 310. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).
6550	6550	SECTION 311. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).
6551	6551	SECTION 312. 20.575 (1) (g) of the statutes is amended to read:
6552	6552	20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of
6553	6553	carrying out general program operations. Except as provided under par. (ka) and
6554	6554	sub. (2), all amounts received by the secretary of state, including all moneys
6555	6555	transferred from the appropriation under s. 20.144 (1) (g), shall be credited to this
6556	6556	appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the
6557	6557	close of a fiscal year exceeding 10 percent of that fiscal year's expenditures under this
6558	6558	appropriation shall lapse to the general fund.
6559	6559	SECTION 313. 20.575 (1) (ka) of the statutes is amended to read:
6560	6560	20.575 (1) (ka) Agency collections. The amounts in the schedule for
6561	6561	photocopying and microfilm copying of documents, generation of copies of documents
6562	6562	from optical disc or electronic storage, publication of books, and other services
6563	6563	provided in carrying out the functions of the office. All Except for moneys received
6564	6564	under sub. (2) (h), all moneys received by the office as fees or other charges for
6565	6565	photocopying, microfilm copying, generation of copies of documents from optical disc
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6593	6593	SECTION 313
6594	6594	ASSEMBLY BILL 899
6595	6595	or electronic storage, sales of books, and other services provided in carrying out the
6596	6596	functions of the office shall be credited to this appropriation.
6597	6597	SECTION 314. 38.16 (3) (br) 3. of the statutes is amended to read:
6598	6598	38.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12.
6599	6599	The district board shall provide the election officials with all necessary election
6600	6600	supplies. The form of the ballot shall correspond substantially with the standard
6601	6601	form for referendum ballots prescribed by the elections commission secretary of state
6602	6602	under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit
6603	6603	under this subsection may be exceeded by a specified amount. The limit otherwise
6604	6604	applicable to the district under this subsection is increased by the amount approved
6605	6605	by a majority of those voting on the question.
6606	6606	SECTION 315. 49.165 (4) (a) of the statutes is amended to read:
6607	6607	49.165 (4) (a) The department shall certify to the elections commission
6608	6608	secretary of state, on a continuous basis, a list containing the name and address of
6609	6609	each organization that is eligible to receive grants under sub. (2).
6610	6610	SECTION 316. 59.605 (3) (a) 3. of the statutes is amended to read:
6611	6611	59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
6612	6612	The governing body shall provide the election officials with all necessary election
6613	6613	supplies. The form of the ballot shall correspond substantially with the standard
6614	6614	form for referendum ballots prescribed by the elections commission secretary of state
6615	6615	under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
6616	6616	operating levy rate, the question shall be submitted as follows: “Under state law, the
6617	6617	operating levy rate for the .... (name of county), for the tax to be imposed for the year
6618	6618	.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
6619	6619	county) be allowed to exceed this rate limit for .... (a specified number of years) (an
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6646	6646	SECTION 316 ASSEMBLY BILL 899
6647	6647	indefinite period) by $.... per $1,000 of equalized value that results in an operating
6648	6648	levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
6649	6649	specifies the operating levy, the question shall be submitted as follows: “Under state
6650	6650	law, the operating levy rate for the .... (name of county), for the tax to be imposed for
6651	6651	the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
6652	6652	the operating levy rate limit, shall the .... (name of county) be allowed to levy an
6653	6653	amount not to exceed $.... (operating levy) for operating purposes for the year ....
6654	6654	(year), which may increase the operating levy rate for .... (a specified number of
6655	6655	years) (an indefinite period)? This would allow a ....% increase above the levy of $....
6656	6656	(preceding year operating levy) for the year .... (preceding year)."
6657	6657	SECTION 317. 67.05 (3) (b) of the statutes is amended to read:
6658	6658	67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall
6659	6659	prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
6660	6660	referendum is held is not a city, village, or town, and the clerk of the jurisdiction in
6661	6661	which the referendum is held prepares the ballots, the clerk shall deliver the ballots
6662	6662	to the municipal clerk of each city, village, or town which is wholly or partly contained
6663	6663	within the jurisdiction in which the referendum is held. The form of the ballot shall
6664	6664	correspond with the form prescribed by the elections commission secretary of state
6665	6665	under ss. 5.64 (2) and 7.08 (1) (a).
6666	6666	SECTION 318. 67.05 (6) of the statutes is amended to read:
6667	6667	67.05 (6) REFERENDUM IN OTHER CASES. Whenever an initial resolution has been
6668	6668	adopted by the governing body of any municipality other than a county, a town, a city,
6669	6669	a village, a technical college district, a metropolitan sewerage district created under
6670	6670	ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake
6671	6671	protection and rehabilitation district, or a board of park commissioners, the clerk of
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6699	6699	SECTION 318
6700	6700	ASSEMBLY BILL 899
6701	6701	such municipality shall immediately record the resolution and call a special meeting
6702	6702	for the purpose of submitting it to the electors of the municipality for ratification or
6703	6703	rejection. The calling and conduct of the meeting shall be governed by those statutes,
6704	6704	so far as applicable, which govern the calling and conduct of special meetings in
6705	6705	general. The notice of the meeting, which shall be publicly read before the balloting
6706	6706	shall commence, and the ballot used, shall embody a copy of the resolution; the form
6707	6707	of the ballot shall correspond with the form prescribed by the elections commission
6708	6708	secretary of state under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall
6709	6709	be whether the resolution shall be approved.
6710	6710	SECTION 319. 85.61 (1) of the statutes is amended to read:
6711	6711	85.61 (1) The secretary of transportation and the administrator of the elections
6712	6712	commission secretary of state shall enter into an agreement to match personally
6713	6713	identifiable information on the official registration list maintained by the
6714	6714	commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
6715	6715	(2m) with personally identifiable information in the operating record file database
6716	6716	under ch. 343 and vehicle registration records under ch. 341 to the extent required
6717	6717	to enable the secretary of transportation and the administrator of the elections
6718	6718	commission secretary of state to verify the accuracy of the information provided for
6719	6719	the purpose of voter registration.
6720	6720	SECTION 320. 117.20 (2) of the statutes is amended to read:
6721	6721	117.20 (2) The clerk of each affected school district shall publish notice, as
6722	6722	required under s. 8.55, in the territory of that school district. The procedures for
6723	6723	school board elections under s. 120.06 (9), (11), (13), and (14) apply to a referendum
6724	6724	held under this section. The school board and school district clerk of each affected
6725	6725	school district shall each perform, for that school district, the functions assigned to
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6752	6752	SECTION 320 ASSEMBLY BILL 899
6753	6753	the school board and the school district clerk, respectively, under those subsections.
6754	6754	The form of the ballot shall correspond to the form prescribed by the elections
6755	6755	commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each
6756	6756	affected school district shall file with the secretary of the commission state a certified
6757	6757	statement prepared by the school district board of canvassers of the results of the
6758	6758	referendum in that school district.
6759	6759	SECTION 321. 117.27 (2) (b) (intro.) of the statutes is amended to read:
6760	6760	117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the
6761	6761	spring election a statement that the election ballot will include a question on the
6762	6762	change requested by the petition. The form of the ballot shall correspond to the form
6763	6763	prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08
6764	6764	(1) (a) and the question on the ballot shall be:
6765	6765	SECTION 322. 121.91 (3) (c) of the statutes is amended to read:
6766	6766	121.91 (3) (c) A referendum under this subsection shall be held in accordance
6767	6767	with chs. 5 to 12. The school district clerk shall provide the election officials with all
6768	6768	necessary election supplies. The form of the ballot shall correspond substantially
6769	6769	with the standard form for referendum ballots prescribed by the elections
6770	6770	commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The question
6771	6771	submitted shall be whether the limit under sub. (2m) may be exceeded by a specified
6772	6772	amount. If the resolution provides that any of the excess revenue will be used for a
6773	6773	nonrecurring purpose, the ballot in the election shall so state and shall specify the
6774	6774	amount that will be used for a nonrecurring purpose. The limit otherwise applicable
6775	6775	to the school district under sub. (2m) is increased by the amount approved by a
6776	6776	majority of those voting on the question.
6777	6777	SECTION 323. 165.93 (4) (a) of the statutes is amended to read:
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6805	6805	SECTION 323
6806	6806	ASSEMBLY BILL 899
6807	6807	165.93 (4) (a) The department shall certify to the elections commission
6808	6808	secretary of state, on a continuous basis, a list containing the name and address of
6809	6809	each organization that is eligible to receive grants under sub. (2).
6810	6810	SECTION 324. 198.08 (10) of the statutes is amended to read:
6811	6811	198.08 (10) ELECTION STATISTICS. The clerk of the district shall seasonably
6812	6812	obtain, compile, and file in his or her office, for the information of the public, a
6813	6813	statement showing the total number of votes cast for the office of governor in the last
6814	6814	preceding general election in each subdistrict of the district. The clerk of every
6815	6815	municipality and the elections commission secretary of state shall furnish such
6816	6816	information so far as obtainable from their records, duly certified, to the clerk of the
6817	6817	district upon request therefor by the clerk of the district. If the total number of votes
6818	6818	cast in any subdistrict for the office of governor in the last preceding election cannot,
6819	6819	because of an intervening change of boundaries of election wards or for any reason,
6820	6820	be ascertained from any official record the clerk of the district shall fairly estimate
6821	6821	such number for the purposes of such statement to be filed in his or her office.
6822	6822	SECTION 325. 200.09 (11) (am) 2. of the statutes is amended to read:
6823	6823	200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election
6824	6824	of commissioners sooner than 6 months after the date of passage. The metropolitan
6825	6825	sewerage district commission shall immediately notify the elections commission
6826	6826	secretary of state under s. 5.05 upon passage of a resolution under subd. 1.
6827	6827	SECTION 326. 200.09 (11) (am) 3. of the statutes is amended to read:
6828	6828	200.09 (11) (am) 3. If the governing bodies of each city, town, and village
6829	6829	comprising the district pass a resolution to discontinue election of commissioners,
6830	6830	each commissioner may hold office until a successor is appointed and qualified. The
6831	6831	metropolitan sewerage district commission shall immediately notify the elections
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6858	6858	SECTION 326 ASSEMBLY BILL 899
6859	6859	commission secretary of state under s. 5.05 upon passage of a resolution under this
6860	6860	subdivision.
6861	6861	SECTION 327. 227.03 (6) of the statutes is amended to read:
6862	6862	227.03 (6) Orders of the elections commission secretary of state under s. 5.06
6863	6863	(6) are not subject to this chapter.
6864	6864	SECTION 328. 227.52 (6) of the statutes is amended to read:
6865	6865	227.52 (6) Decisions of the chairperson of the elections commission secretary
6866	6866	of state or the chairperson's secretary's designee.
6867	6867	SECTION 329. 230.08 (2) (eL) of the statutes is repealed.
6868	6868	SECTION 330. 301.03 (20m) of the statutes is amended to read:
6869	6869	301.03 (20m) Transmit to the elections commission secretary of state, on a
6870	6870	continuous basis, a list containing the name of each living person who has been
6871	6871	convicted of a felony under the laws of this state and whose civil rights have not been
6872	6872	restored, together with his or her residential address and the date on which the
6873	6873	department expects his or her civil rights to be restored.
6874	6874	SECTION 331. 342.06 (1) (eg) of the statutes is amended to read:
6875	6875	342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual,
6876	6876	the social security number of the applicant. The department of transportation may
6877	6877	not disclose a social security number obtained under this paragraph to any person
6878	6878	except to the department of children and families for the sole purpose of
6879	6879	administering s. 49.22, to the department of workforce development for the sole
6880	6880	purpose of enforcing or administering s. 108.22, to the department of revenue for the
6881	6881	purposes of administering state taxes and collecting debt, and to the elections
6882	6882	commission secretary of state for the sole purpose of allowing the chief election officer
6883	6883	secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).
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6911	6911	SECTION 332
6912	6912	ASSEMBLY BILL 899
6913	6913	SECTION 332. 343.027 of the statutes is amended to read:
6914	6914	343.027 Confidentiality of signatures. Any signature collected under this
6915	6915	chapter may be maintained by the department and shall be kept confidential, except
6916	6916	that the department shall release a signature or a facsimile of a signature to the
6917	6917	department of revenue for the purposes of administering state taxes and collecting
6918	6918	debt, to the elections commission secretary of state, in electronic or digital format,
6919	6919	for the purposes specified in s. 6.30 (5), to the person to whom the signature relates,
6920	6920	to a court, district attorney, county corporation counsel, city, village, or town attorney,
6921	6921	to a law enforcement agency, or to the driver licensing agency of another jurisdiction.
6922	6922	SECTION 333. 343.11 (2m) of the statutes is amended to read:
6923	6923	343.11 (2m) Within 30 days following surrender of a license under sub. (1), the
6924	6924	department shall provide notice to the elections commission secretary of state of the
6925	6925	person's name and address, the name of the jurisdiction issuing the surrendered
6926	6926	license, and the date on which the license was surrendered.
6927	6927	SECTION 334. 343.14 (2j) of the statutes is amended to read:
6928	6928	343.14 (2j) Except as otherwise required to administer and enforce this
6929	6929	chapter, the department of transportation may not disclose a social security number
6930	6930	obtained from an applicant for a license under sub. (2) (bm) to any person except to
6931	6931	the department of children and families for the sole purpose of administering s.
6932	6932	49.22, to the department of workforce development for the sole purpose of enforcing
6933	6933	or administering s. 108.22, to the department of revenue for the purposes of
6934	6934	administering state taxes and collecting debt, to the driver licensing agency of
6935	6935	another jurisdiction, or to the elections commission secretary of state for the sole
6936	6936	purpose of allowing the chief election officer secretary of state to comply with the
6937	6937	terms of the agreement under s. 6.36 (1) (ae).
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6964	6964	SECTION 335 ASSEMBLY BILL 899
6965	6965	SECTION 335. 343.50 (8) (c) 3. of the statutes is amended to read:
6966	6966	343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department
6967	6967	may, upon request, provide to the elections commission secretary of state for the sole
6968	6968	purpose of allowing the chief election officer secretary of state to comply with the
6969	6969	terms of the agreement under s. 6.36 (1) (ae) any applicant information or
6970	6970	identification card holder information maintained by the department of
6971	6971	transportation and identified in s. 343.14 (2).
6972	6972	SECTION 336. 756.04 (2) (c) 1. of the statutes is amended to read:
6973	6973	756.04 (2) (c) 1. A list of registered voters from the elections commission
6974	6974	secretary of state.
6975	6975	SECTION 337. 778.135 of the statutes is amended to read:
6976	6976	778.135 Campaign finance, lobbying, and ethics forfeitures; how
6977	6977	recovered. Notwithstanding s. 778.13, whenever any action or proposed action by
6978	6978	the elections commission secretary of state under s. 5.05 (1) (c) or the ethics
6979	6979	commission under s. 19.49 (1) (b) is settled as a result of agreement between the
6980	6980	parties without approval of the court, the moneys accruing to the state on account
6981	6981	of such settlement shall be paid to the secretary of state or the ethics commission,
6982	6982	as appropriate, and deposited with the secretary of administration.
6983	6983	SECTION 338. 978.05 (1) of the statutes is amended to read:
6984	6984	978.05 (1) CRIMINAL ACTIONS. Except as otherwise provided by law, prosecute
6985	6985	all criminal actions before any court within his or her prosecutorial unit and have
6986	6986	sole responsibility for prosecution of all criminal actions arising from violations of
6987	6987	chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other
6988	6988	laws arising from or in relation to the official functions of the subject of the
6989	6989	investigation or any matter that involves elections, ethics, or lobbying regulation
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7017	7017	SECTION 338
7018	7018	ASSEMBLY BILL 899
7019	7019	under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be
7020	7020	committed by a resident of his or her prosecutorial unit, or if alleged to be committed
7021	7021	by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit
7022	7022	unless another prosecutor is substituted under s. 5.05 (2m) (i) or 19.49 (2) (h) or this
7023	7023	chapter or by referral of the elections commission secretary of state under s. 5.05 (2m)
7024	7024	(c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes
7025	7025	of this subsection, a person other than an individual is a resident of a prosecutorial
7026	7026	unit if the person's principal place of operation is located in that prosecutorial unit.
7027	7027	SECTION 339. 978.05 (2) of the statutes is amended to read:
7028	7028	978.05 (2) FORFEITURES. Except as otherwise provided by law, prosecute all
7029	7029	state forfeiture actions, county traffic actions and actions concerning violations of
7030	7030	county ordinances which are in conformity with state criminal laws in the courts
7031	7031	within his or her prosecutorial unit and have joint responsibility, together with the
7032	7032	elections commission secretary of state and the ethics commission, for prosecution
7033	7033	of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or
7034	7034	subch. III of ch. 19 and from violations of other laws arising from or in relation to the
7035	7035	official functions of the subject of the investigation or any matter that involves
7036	7036	elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or
7037	7037	subch. III of ch. 19 that are alleged to be committed by a resident of his or her
7038	7038	prosecutorial unit, or if alleged to be committed by a nonresident of this state, that
7039	7039	are alleged to occur within his or her prosecutorial unit unless another prosecutor
7040	7040	is substituted under s. 5.05 (2m) (h) or 19.49 (2) (g) or this chapter or by referral of
7041	7041	the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the
7042	7042	ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection,
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7068	7068	SECTION 339 ASSEMBLY BILL 899
7069	7069	a person other than an individual is a resident of a prosecutorial unit if the person's
7070	7070	principal place of operation is located in that prosecutorial unit.
7071	7071	SECTION 340.0Nonstatutory provisions.
7072	7072	(1) AUDIT REPORT RECOMMENDATIONS. The secretary of state and the secretary's
7073	7073	employees shall, to the extent practicable within their responsibilities, implement
7074	7074	the recommendations contained in the legislative audit bureau's Report 21-19
7075	7075	regarding the past performance of the elections commission. The secretary of state
7076	7076	shall report the progress in implementing those recommendations to the legislature
7077	7077	no later than December 31, 2023.
7078	7078	(2) ASSETS AND LIABILITIES. On the effective date of this subsection, all assets
7079	7079	and liabilities of the elections commission are transferred to the secretary of state.
7080	7080	(3) POSITIONS AND EMPLOYEES.
7081	7081	(a) On the effective date of this paragraph, all full-time equivalent positions
7082	7082	of the elections commission are transferred to the secretary of state.
7083	7083	(b) All incumbent employees holding positions at the elections commission on
7084	7084	the effective date of this paragraph, except the incumbent employee holding the
7085	7085	position of administrator, are transferred on the effective date of this paragraph to
7086	7086	the secretary of state.
7087	7087	(c) Employees transferred under par. (b) have all the rights and the same status
7088	7088	under subch. V of ch. 111 at the office of the secretary of state that they enjoyed at
7089	7089	the elections commission immediately before the transfer. Notwithstanding s.
7090	7090	230.28 (4), no employee so transferred who has attained permanent status in class
7091	7091	is required to serve a probationary period.
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7117	7117	SECTION 340
7118	7118	ASSEMBLY BILL 899
7119	7119	(4) TANGIBLE PERSONAL PROPERTY. On the effective date of this subsection, all
7120	7120	tangible personal property, including records, of the elections commission is
7121	7121	transferred to the secretary of state.
7122	7122	(5) CONTRACTS. All contracts entered into by the elections commission that are
7123	7123	in effect on the effective date of this subsection shall remain in effect and are
7124	7124	transferred to the secretary of state, except that no such contract may be extended,
7125	7125	modified, or renewed. The secretary of state shall carry out all contractual
7126	7126	obligations under each contract until the contract expires or is rescinded by the
7127	7127	secretary of state to the extent allowed under the contract.
7128	7128	(6) ORDERS AND FORMAL OPINIONS. All formal opinions and orders issued by the
7129	7129	elections commission that are in effect on the effective date of this subsection are
7130	7130	transferred to the secretary of state and shall remain in effect until the secretary of
7131	7131	state repeals an order or changes or withdraws a formal opinion.
7132	7132	(7) PENDING MATTERS. All matters pending with the elections commission on the
7133	7133	effective date of this subsection are transferred to the secretary of state, and all
7134	7134	materials submitted to or actions taken by the elections commission with respect to
7135	7135	any pending matter are considered as having been submitted to or taken by the
7136	7136	secretary of state.
7137	7137	(8) TRANSITION. Notwithstanding s. 15.61, 2019 stats., the terms of office of all
7138	7138	members of the elections commission holding office on the effective date of this
7139	7139	subsection shall expire on the effective date of this subsection.
7140	7140	(9) IMPLEMENTATION PLAN. The individual who is serving as the administrator
7141	7141	of the elections commission on the date of publication of this act shall work in concert
7142	7142	with the secretary of state to ensure a smooth transition and shall participate in
7143	7143	formulating an implementation plan.
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7170	7170	SECTION 341 ASSEMBLY BILL 899
7171	7171	SECTION 341.0Effective dates. This act takes effect on January 4, 2027, except
7172	7172	as follows:
7173	7173	(1) SECTION 340 (9) of this act takes effect on the day after publication.
7174	7174	(END)
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