Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB736 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 736
5	5	November 21, 2023 - Introduced by Senator TOMCZYK, cosponsored by
6	6	Representatives ALLEN, MURPHY, BEHNKE, BODDEN, BRANDTJEN, GOEBEN,
7	7	O'CONNOR, RETTINGER and WICHGERS. Referred to Committee on Shared
8	8	Revenue, Elections and Consumer Protection.
9	9	AN ACT to renumber 5.07; to amend 7.60 (5); and to create 5.07 (2), 7.08 (13)
10	10	and 13.94 (11) of the statutes; relating to: postelection audits by the
11	11	Legislative Audit Bureau and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill requires the Legislative Audit Bureau to conduct a performance audit
14	14	of election processes following a general election. The bill also requires the Elections
15	15	Commission to assist the counties and municipalities with the audit. Under the bill,
16	16	immediately following the state certification of the election results, the commission
17	17	randomly selects four counties and one city and one village from each of those
18	18	counties, except that one of the counties must be one of the ten most populous
19	19	counties in the state. LAB then conducts its audit in the municipalities selected by
20	20	the commission.
21	21	Under the bill, LAB may physically handle and examine all original election
22	22	materials, including ballots and absentee ballot certificates, at LAB's discretion, at
23	23	a secure site established by the municipal clerk and the commission. The bill also
24	24	requires the commission to ensure that LAB is able to conduct and complete its audit
25	25	and that the municipal clerks maintain management authority over the retention
26	26	and security of election records. Under the bill, the public is allowed to observe the
27	27	audit in observation areas established by the municipal clerk.
28	28	LAB must report any incident of noncompliance with the requirements under
29	29	the bill to the legislature. In addition, any person may commence an action in circuit
30	30	court to compel an election official or the commission to comply with those
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35	35	SENATE BILL 736
36	36	requirements. If a court finds that an election official or the commission is
37	37	noncompliant, the official or commission is subject to a forfeiture of $500 for each day
38	38	of noncompliance. Finally, LAB must submit a report of its findings and
39	39	recommendations to the legislature no later than June 30 of the odd-numbered year
40	40	following the election.
41	41	For further information see the state and local fiscal estimate, which will be
42	42	printed as an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 5.07 of the statutes is renumbered 5.07 (1).
46	46	SECTION 2. 5.07 (2) of the statutes is created to read:
47	47	5.07 (2) Notwithstanding s. 5.06 (2), any person may commence an action in
48	48	circuit court to compel an election official or the commission to comply with s. 7.08
49	49	(13). If a court finds that an election official or the commission is not complying with
50	50	s. 7.08 (13), the official or commission is subject to a forfeiture of $500 for each day
51	51	of noncompliance.
52	52	SECTION 3. 7.08 (13) of the statutes is created to read:
53	53	7.08 (13) LEGISLATIVE AUDIT BUREAU; POSTELECTION AUDIT. (a) Following each
54	54	general election, assist the counties and municipalities with the audit performed by
55	55	the legislative audit bureau, as authorized under s. 13.94 (11). Immediately after its
56	56	certification of the election results under s. 7.70, the commission shall randomly
57	57	select 4 counties and one city and one village from each of those counties, except that
58	58	one of the counties shall be one of the 10 most populous counties in the state. The
59	59	legislative audit bureau shall conduct its audit in the municipalities selected by the
60	60	commission.
61	61	(b) The municipal clerks of the municipalities selected under par. (a) shall allow
62	62	the legislative audit bureau to physically handle and examine all original election
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83	83	SECTION 3
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85	85	materials, including ballots and absentee ballot certificates, at the bureau's
86	86	discretion, at a secure site established by the municipal clerk and the commission.
87	87	All election materials examined by the bureau shall remain in the custody of the
88	88	municipal clerk. The commission shall ensure that the legislative audit bureau is
89	89	able to conduct and complete its audit and that the municipal clerks maintain
90	90	management authority over the retention and security of election records.
91	91	(c) All steps of the audit conducted under par. (a) shall be performed publicly,
92	92	and the municipal clerk shall establish observation areas at the site where the audit
93	93	is conducted that are not less than 3 feet from nor more than 8 feet from any area
94	94	where the legislative audit bureau is examining election materials.
95	95	(d) The legislative audit bureau shall report any incident of noncompliance
96	96	with this subsection to the speaker of the assembly, the president of the senate, and
97	97	to the appropriate standing committees of the legislature with jurisdiction over
98	98	elections, as provided under s. 13.172 (3).
99	99	SECTION 4. 7.60 (5) of the statutes is amended to read:
100	100	7.60 (5) REPORTING. (a) Immediately following the canvass, the county clerk
101	101	shall deliver or transmit to the elections commission and the legislative audit bureau
102	102	a certified copy of each statement of the county board of canvassers for president and
103	103	vice president, state officials, senators and representatives in congress, state
104	104	legislators, justice, court of appeals judge, circuit judge, district attorney, and
105	105	metropolitan sewerage commissioners, if the commissioners are elected under s.
106	106	200.09 (11) (am). The statement shall record the returns for each office or
107	107	referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in
108	108	which case the statement shall record the returns for each group of combined wards.
109	109	Following primaries the county clerk shall enclose on forms prescribed by the
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136	136	SECTION 4 SENATE BILL 736
137	137	elections commission the names, party or principle designation, if any, and number
138	138	of votes received by each candidate recorded in the same manner. The county clerk
139	139	shall deliver or transmit the certified statement to the elections commission no later
140	140	than 9 days after each primary except the partisan primary, no later than 10 days
141	141	after the partisan primary and any other election except the general election, and no
142	142	later than 14 days after the general election. The county clerk shall deliver or
143	143	transmit the certified statement regarding the general election to the legislative
144	144	audit bureau no later than 14 days after the general election. The board of
145	145	canvassers shall deliver or transmit a certified copy of each statement for any
146	146	technical college district referendum to the secretary of the technical college district
147	147	board.
148	148	(b) If the board of canvassers becomes aware of a material mistake in the
149	149	canvass of an election for state or national office or a statewide or technical college
150	150	district referendum prior to the close of business on the day the elections commission
151	151	receives returns from the last county board of canvassers with respect to that
152	152	canvass, the board of canvassers may petition the elections commission to reopen
153	153	and correct the canvass. The elections commission shall direct the canvass to be
154	154	reopened and corrected if it determines that the public interest so requires. If the
155	155	elections commission directs the canvass to be reopened, the board of canvassers
156	156	shall reconvene and transmit a certified corrected copy of the canvass statement to
157	157	the elections commission and the legislative audit bureau or to secretary of the
158	158	technical college district board.
159	159	SECTION 5. 13.94 (11) of the statutes is created to read:
160	160	13.94 (11) POSTELECTION AUDIT. Following each general election, the state
161	161	auditor shall conduct a performance audit of the election processes as provided under
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189	189	SECTION 5
190	190	SENATE BILL 736
191	191	s. 7.08 (13). The legislative audit bureau shall submit a report of its findings and
192	192	recommendations to the legislature, as provided under s. 13.172 (2), no later than
193	193	June 30 of the odd-numbered year following the election.
194	194	(END)
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