Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB834 Compare Versions

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

Old	New	Differences
1	1	LRB-5269/2
2	2	JK:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 834
5	5	December 19, 2023 - Introduced by Senator K NODL, cosponsored by
6	6	Representatives BODDEN, GUSTAFSON, GOEBEN, RETTINGER, BINSFELD, MAXEY,
7	7	HURD, MICHALSKI, SCHMIDT, S. JOHNSON, ALLEN, BROOKS, CALLAHAN and
8	8	DITTRICH. Referred to Committee on Shared Revenue, Elections and
9	9	Consumer Protection.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to repeal 5.025, 5.05 (1e), 5.05 (2m) (c) 5. a. to c., 5.05 (2m) (d) 1., 5.05
12	12	(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,
13	13	19.42 (10) (a), 19.42 (13) (p), 20.510 (intro.) and (1) (title) and 230.08 (2) (eL);
14	14	to renumber 15.06 (2) (b) 2., 20.510 (1) (bm), 20.510 (1) (br), 20.510 (1) (c),
15	15	20.510 (1) (d), 20.510 (1) (e), 20.510 (1) (jn), 20.510 (1) (m), 20.510 (1) (t) and
16	16	20.510 (1) (x); to renumber and amend 5.05 (2m) (c) 5. (intro.), 5.05 (2m) (d)
17	17	2., 20.510 (1) (a), 20.510 (1) (be), 20.510 (1) (g), 20.510 (1) (h) and 20.510 (1) (jm);
18	18	to consolidate, renumber and amend 12.01 (intro.) and (1); to amend 5.01
19	19	(4) (a), 5.05 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (2m) (a), 5.05
20	20	(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
21	21	(2m) (c) 10., 5.05 (2m) (c) 11., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13., 5.05 (2m) (c) 14.,
22	22	5.05 (2m) (c) 15., 5.05 (2m) (c) 16., 5.05 (2m) (c) 17., 5.05 (2m) (c) 18., 5.05 (2m)
23	23	(e), 5.05 (2m) (f) (intro.), 5.05 (2m) (f) 1., 5.05 (2m) (f) 2., 5.05 (2m) (h), 5.05 (2m)
24	24	(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	JK:cdc
40	40	SENATE BILL 834
41	41	(5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f), 5.05 (5t), 5.05
42	42	(6a), 5.05 (7), 5.05 (9), 5.05 (10), 5.05 (11), 5.05 (12), 5.05 (13) (a), 5.05 (13) (b),
43	43	5.05 (13) (c), 5.05 (13) (d) (intro.), 5.05 (14), 5.05 (15), 5.05 (16), 5.05 (17), 5.05
44	44	(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),
45	45	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
46	46	(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),
47	47	5.51 (8), 5.58 (1b) (bm), 5.58 (1b) (cm), 5.58 (2), 5.58 (2m), 5.60 (1) (b), 5.60 (3)
48	48	(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)
49	49	(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
50	50	(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,
51	51	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.),
52	52	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,
53	53	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.),
54	54	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
55	55	(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),
56	56	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
57	57	(2), 6.50 (2g), 6.50 (2r) (intro.), 6.50 (2r) (b), 6.50 (2r) (h), 6.50 (7), 6.55 (2) (a)
58	58	(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
59	59	(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
60	60	(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
61	61	(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
62	62	(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)
63	63	(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
64	64	(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),
65	65	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	25 - 3 -2023 - 2024 Legislature
91	91	LRB-5269/2
92	92	JK:cdc
93	93	SENATE BILL 834
94	94	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
95	95	(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
96	96	(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)
97	97	(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)
98	98	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
99	99	(8) (c), 9.01 (8) (d), 9.01 (10), 10.01 (1), 10.01 (2) (intro.), 10.02 (1), 10.02 (2) (c),
100	100	10.02 (3) (intro.), 10.06 (1), 10.06 (2) (a), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (h),
101	101	10.06 (2) (k), 12.13 (5) (a), 12.13 (5) (b) (intro.), 12.13 (5) (b) 3., 13.123 (3) (b) 2.,
102	102	13.23, 14.38 (10m), 15.01 (2), 15.06 (5), 15.06 (6), 15.06 (10), 16.79 (2), 16.96 (3)
103	103	(b), 17.17 (1), 17.17 (4), 19.43 (4), 19.85 (1) (h), 19.851 (title), 19.851 (1), 20.505
104	104	(1) (d), 20.575 (1) (g), 20.575 (1) (ka), 38.16 (3) (br) 3., 49.165 (4) (a), 59.605 (3)
105	105	(a) 3., 67.05 (3) (b), 67.05 (6), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91
106	106	(3) (c), 165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03
107	107	(6), 227.52 (6), 301.03 (20m), 342.06 (1) (eg), 343.027, 343.11 (2m), 343.14 (2j),
108	108	343.50 (8) (c) 3., 756.04 (2) (c) 1., 778.135, 978.05 (1) and 978.05 (2); and to
109	109	create 5.05 (5fm) of the statutes; relating to: dissolving the Elections
110	110	Commission, requiring the secretary of state to administer elections, and
111	111	granting rule-making authority.
112	112	Analysis by the Legislative Reference Bureau
113	113	This bill dissolves the Elections Commission and requires the secretary of state
114	114	to assume the duties of the commission, effective January 4, 2027. Under the bill,
115	115	the administrator of the commission must work with the secretary of state to ensure
116	116	a smooth transition from the commission to the office of the secretary of state and to
117	117	formulate an implementation plan. Under the bill, all assets, liabilities, and tangible
118	118	personal property of the commission are transferred to secretary of state. In
119	119	addition, all incumbent employees holding positions at the commission on the bill's
120	120	effective date, other than the administrator, are transferred to the office of the
121	121	secretary of state.
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141	141	SENATE BILL 834
142	142	Under the bill, the standing committees in each house of the legislature with
143	143	jurisdiction over election administration are advisory to the secretary of state on all
144	144	matters relating to the operation of the office of the secretary of state with regard to
145	145	the election administration. Except for action related to the internal operations and
146	146	procedures of the office, the office of the secretary of state may take no action with
147	147	regard to election administration without getting prior approval from the standing
148	148	committees in each house of the legislature with jurisdiction over election
149	149	administration.
150	150	For further information see the state fiscal estimate, which will be printed as
151	151	an appendix to this bill.
152	152	The people of the state of Wisconsin, represented in senate and assembly, do
153	153	enact as follows:
154	154	SECTION 1. 5.01 (4) (a) of the statutes is amended to read:
155	155	5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
156	156	an equal number of votes, the winner shall be chosen by lot in the presence of the
157	157	board of canvassers charged with the responsibility to determine the election, or in
158	158	the case of an election for state or national office or metropolitan sewerage
159	159	commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
160	160	presence of the chairperson of the elections commission secretary of state or the
161	161	chairperson's secretary's designee.
162	162	SECTION 2. 5.025 of the statutes is repealed.
163	163	SECTION 3. 5.05 (title) of the statutes is amended to read:
164	164	5.05 (title) Elections commission Secretary of state; powers and duties.
165	165	SECTION 4. 5.05 (1) (intro.) of the statutes is amended to read:
166	166	5.05 (1) GENERAL AUTHORITY. (intro.) The elections commission secretary of
167	167	state shall have the responsibility for the administration of chs. 5 to 10 and 12 and
168	168	other laws relating to elections and election campaigns, other than laws relating to
169	169	campaign financing. Pursuant to such responsibility, the commission secretary of
170	170	state and the office of the secretary of state may:
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187	187	17 - 5 -2023 - 2024 Legislature
188	188	LRB-5269/2
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190	190	SECTION 5
191	191	SENATE BILL 834
192	192	SECTION 5. 5.05 (1) (b) of the statutes is amended to read:
193	193	5.05 (1) (b) In the discharge of its the duties of the secretary of state and after
194	194	providing notice to any party who is the subject of an investigation, subpoena and
195	195	bring before it the secretary any person and require the production of any papers,
196	196	books, or other records relevant to an investigation. Notwithstanding s. 885.01 (4),
197	197	the issuance of a subpoena requires action by the commission at a meeting of the
198	198	commission. In the discharge of its his or her duties, the commission secretary may
199	199	cause the deposition of witnesses to be taken in the manner prescribed for taking
200	200	depositions in civil actions in circuit court.
201	201	SECTION 6. 5.05 (1) (c) of the statutes is amended to read:
202	202	5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
203	203	to 10 or 12. The commission secretary of state may compromise and settle any civil
204	204	action or potential action brought or authorized to be brought by it the secretary
205	205	which, in the his or her opinion of the commission, constitutes a minor violation, a
206	206	violation caused by excusable neglect, or which for other good cause shown, should
207	207	not in the public interest be prosecuted under such chapter. Notwithstanding s.
208	208	778.06, a civil action or proposed civil action authorized under this paragraph may
209	209	be settled for such sum as may be agreed between the parties. Any settlement made
210	210	by the commission secretary shall be in such amount as to deprive the alleged
211	211	violator of any benefit of his or her wrongdoing and may contain a penal component
212	212	to serve as a deterrent to future violations. In settling civil actions or proposed civil
213	213	actions, the commission secretary shall treat comparable situations in a comparable
214	214	manner and shall assure that any settlement bears a reasonable relationship to the
215	215	severity of the offense or alleged offense. Except as otherwise provided in sub. (2m)
216	216	(c) 15. and 16. and ss. 5.08 and 5.081, forfeiture actions brought by the commission
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243	243	SECTION 6 SENATE BILL 834
244	244	secretary shall be brought in the circuit court for the county where the defendant
245	245	resides, or if the defendant is a nonresident of this state, in circuit court for the county
246	246	wherein the violation is alleged to occur. For purposes of this paragraph, a person
247	247	other than an individual resides within a county if the person's principal place of
248	248	operation is located within that county. Whenever the commission secretary enters
249	249	into a settlement agreement with an individual who is accused of a civil violation of
250	250	chs. 5 to 10 or 12 or who is investigated by the commission office of the secretary of
251	251	state for a possible civil violation of one of those provisions, the commission secretary
252	252	shall reduce the agreement to writing, together with a statement of the commission's
253	253	secretary's findings and reasons for entering into the agreement and shall retain the
254	254	agreement and statement in its the office of the secretary of state for inspection.
255	255	SECTION 7. 5.05 (1e) of the statutes is repealed.
256	256	SECTION 8. 5.05 (2m) (a) of the statutes is amended to read:
257	257	5.05 (2m) (a) The commission office of the secretary of state shall investigate
258	258	violations of laws administered by the commission secretary and may prosecute
259	259	alleged civil violations of those laws, directly or through its agents under this
260	260	subsection, pursuant to all statutes granting or assigning that authority or
261	261	responsibility to the commission secretary. Prosecution of alleged criminal
262	262	violations investigated by the commission office of the secretary of state may be
263	263	brought only as provided in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For
264	264	purposes of this subsection, the commission office of the secretary of state may only
265	265	initiate an investigation of an alleged violation of chs. 5 to 10 and 12, other than an
266	266	offense described under par. (c) 12., based on a sworn complaint filed with the
267	267	commission secretary of state, as provided under par. (c). Neither the commission
268	268	secretary of state nor any member or employee of the commission, including the
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293	293	25 - 7 -2023 - 2024 Legislature
294	294	LRB-5269/2
295	295	JK:cdc
296	296	SECTION 8
297	297	SENATE BILL 834
298	298	commission administrator, office of the secretary of state may file a sworn complaint
299	299	for purposes of this subsection.
300	300	SECTION 9. 5.05 (2m) (c) 2. of the statutes is amended to read:
301	301	5.05 (2m) (c) 2. a. Any person may file a complaint with the commission
302	302	secretary of state alleging a violation of chs. 5 to 10 or 12. No later than 5 days after
303	303	receiving a complaint, the commission secretary shall notify each person who or
304	304	which the complaint alleges committed such a violation. Before voting on whether
305	305	to take any action regarding the complaint, other than to dismiss, the commission
306	306	The secretary shall give each person receiving a notice under this subd. 2. a. an
307	307	opportunity to demonstrate to the commission secretary, in writing and within 15
308	308	days after receiving the notice, that the commission secretary should take no action
309	309	against the person on the basis of the complaint. The commission office of the
310	310	secretary of state may not conduct any investigation or take any other action under
311	311	this subsection solely on the basis of a complaint by an unidentified complainant.
312	312	am. If the commission office of the secretary of state finds, by a preponderance
313	313	of the evidence, that a complaint is frivolous, the commission secretary of state may
314	314	order the complainant to forfeit not more than the greater of $500 or the expenses
315	315	incurred by the commission office in investigating the complaint.
316	316	SECTION 10. 5.05 (2m) (c) 4. of the statutes is amended to read:
317	317	5.05 (2m) (c) 4. If the commission office of the secretary of state reviews a
318	318	complaint and fails to find that there is a reasonable suspicion that a violation under
319	319	subd. 2. has occurred or is occurring, the commission secretary of state shall dismiss
320	320	the complaint. If the commission office believes that there is reasonable suspicion
321	321	that a violation under subd. 2. has occurred or is occurring, the commission secretary
322	322	may by resolution authorize the commencement of an investigation. The resolution
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349	349	SECTION 10 SENATE BILL 834
350	350	shall specifically set forth any matter that is authorized to be investigated. To assist
351	351	in the investigation, the commission secretary may elect to retain a special
352	352	investigator. If the commission elects to retain a special investigator, the
353	353	administrator of the commission shall submit to the commission the names of 3
354	354	qualified individuals to serve as a special investigator. The commission may retain
355	355	one or more of the individuals. If the commission secretary retains a special
356	356	investigator to investigate a complaint against a person who is a resident of this
357	357	state, the commission secretary shall provide to the district attorney for the county
358	358	in which the person resides a copy of the complaint and shall notify the district
359	359	attorney that it he or she has retained a special investigator to investigate the
360	360	complaint. For purposes of this subdivision, a person other than an individual
361	361	resides within a county if the person's principal place of operation is located within
362	362	that county. The commission secretary shall enter into a written contract with any
363	363	individual who is retained as a special investigator setting forth the terms of the
364	364	engagement. A special investigator who is retained by the commission secretary may
365	365	request the commission secretary to issue a subpoena to a specific person or to
366	366	authorize the special investigator to request the circuit court of the county in which
367	367	the specific person resides to issue a search warrant. The commission may grant the
368	368	request by approving a motion to that effect at a meeting of the commission if the
369	369	commission finds that such action is legally appropriate.
370	370	SECTION 11. 5.05 (2m) (c) 5. (intro.) of the statutes is renumbered 5.05 (2m) (c)
371	371	5. and amended to read:
372	372	5.05 (2m) (c) 5. Each special investigator who is retained by the commission
373	373	shall make periodic reports to the commission, as directed by the commission, but in
374	374	no case may the interval for reporting exceed 30 days. If the commission authorizes
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399	399	25 - 9 -2023 - 2024 Legislature
400	400	LRB-5269/2
401	401	JK:cdc
402	402	SECTION 11
403	403	SENATE BILL 834
404	404	the commission administrator to investigate any matter without retaining a special
405	405	investigator, the administrator shall make periodic reports to the commission, as
406	406	directed by the commission, but in no case may the reporting interval exceed 30 days.
407	407	During the pendency of any investigation, the commission office of the secretary of
408	408	state shall meet for the purpose of reviewing review the progress of the investigation
409	409	at least once every 90 days. The special investigator or the administrator shall report
410	410	in person to the commission office and the secretary at that meeting concerning the
411	411	progress of the investigation. If, after receiving a report, the commission does not
412	412	vote to continue an investigation for an additional period not exceeding 90 days, the
413	413	investigation is terminated at the end of the reporting interval. The commission
414	414	office of the secretary of state shall not expend more than $25,000 to finance the cost
415	415	of an investigation before receiving a report on the progress of the investigation and
416	416	a recommendation to commit additional resources. The commission secretary of
417	417	state may vote to terminate an investigation at any time. If an investigation is
418	418	terminated, any complaint from which the investigation arose is deemed to be
419	419	dismissed by the commission. Unless an investigation is terminated by the
420	420	commission, at the conclusion of each investigation, the administrator shall present
421	421	to the commission one of the following: secretary.
422	422	SECTION 12. 5.05 (2m) (c) 5. a. to c. of the statutes are repealed.
423	423	SECTION 13. 5.05 (2m) (c) 6. of the statutes is amended to read:
424	424	5.05 (2m) (c) 6. a. If the commission office of the secretary of state finds that
425	425	there is probable cause to believe that a violation under subd. 2. has occurred or is
426	426	occurring, the commission secretary of state may authorize the commission
427	427	administrator to file a civil complaint against the alleged violator. In such case, the
428	428	administrator secretary may request the assistance of special counsel to prosecute
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455	455	SECTION 13 SENATE BILL 834
456	456	any action brought by the commission. If the administrator requests the assistance
457	457	of special counsel with respect to any matter, the administrator shall submit to the
458	458	commission the names of 3 qualified individuals to serve as special counsel. The
459	459	commission may retain one of the individuals to act as special counsel office. The
460	460	staff of the commission office of the secretary of state shall provide assistance to the
461	461	special counsel as may be required by the counsel to carry out his or her
462	462	responsibilities.
463	463	b. The commission secretary of state shall enter into a written contract with
464	464	any individual who is retained as special counsel setting forth the terms of the
465	465	engagement. The contract shall set forth the compensation to be paid such counsel
466	466	by the state. The contract shall be executed on behalf of the state by the commission
467	467	and the commission shall file the contract kept in the office of the secretary of state.
468	468	The compensation shall be charged to the appropriation under s. 20.510 (1) 20.575
469	469	(2) (br).
470	470	SECTION 14. 5.05 (2m) (c) 7. of the statutes is amended to read:
471	471	5.05 (2m) (c) 7. No individual who is appointed or retained by the commission
472	472	secretary of state to serve as special counsel or as a special investigator is subject to
473	473	approval under s. 20.930.
474	474	SECTION 15. 5.05 (2m) (c) 9. of the statutes is amended to read:
475	475	5.05 (2m) (c) 9. At the conclusion of its investigation, the commission office of
476	476	the secretary of state shall, in preliminary written findings of fact and conclusions
477	477	based thereon, make a determination of whether or not probable cause exists to
478	478	believe that a violation under subd. 2. has occurred or is occurring. If the commission
479	479	office determines that no probable cause exists, it the secretary of state shall dismiss
480	480	the complaint. Whenever the commission secretary dismisses a complaint or a
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508	508	SECTION 15
509	509	SENATE BILL 834
510	510	complaint is deemed to be dismissed under subd. 5., the commission office shall
511	511	immediately send written notice of the dismissal to the accused and to the party who
512	512	made the complaint.
513	513	SECTION 16. 5.05 (2m) (c) 10. of the statutes is amended to read:
514	514	5.05 (2m) (c) 10. The commission office of the secretary of state shall inform the
515	515	accused or his or her counsel of exculpatory evidence in its possession.
516	516	SECTION 17. 5.05 (2m) (c) 11. of the statutes is amended to read:
517	517	5.05 (2m) (c) 11. If the commission office of the secretary of state finds that
518	518	there is probable cause to believe that a violation under subd. 2. has occurred or is
519	519	occurring, the commission secretary of state may, in lieu of civil prosecution of any
520	520	matter by the commission office, refer the matter to the district attorney for the
521	521	county in which the alleged violator resides, or if the alleged violator is a nonresident,
522	522	to the district attorney for the county where the matter arises, or if par. (i) applies,
523	523	to the attorney general or a special prosecutor. For purposes of this subdivision, a
524	524	person other than a natural person resides within a county if the person's principal
525	525	place of operation is located within that county.
526	526	SECTION 18. 5.05 (2m) (c) 12. of the statutes is amended to read:
527	527	5.05 (2m) (c) 12. The commission office of the secretary of state shall, by rule,
528	528	prescribe categories of civil offenses which the commission secretary of state will
529	529	agree to compromise and settle without a formal investigation upon payment of
530	530	specified amounts by the alleged offender. The commission may authorize the
531	531	commission administrator to compromise and settle such alleged offenses in the
532	532	name of the commission if the alleged offenses by an offender, in the aggregate, do
533	533	not involve payment of more than $2,500.
534	534	SECTION 19. 5.05 (2m) (c) 13. of the statutes is amended to read:
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561	561	SECTION 19 SENATE BILL 834
562	562	5.05 (2m) (c) 13. If a special investigator or the commission administrator, in
563	563	the course of an investigation authorized by the commission secretary of state,
564	564	discovers evidence that a violation under subd. 2. that was not within the scope of
565	565	the authorized investigation has occurred or is occurring, the special investigator or
566	566	the administrator may present that evidence to the commission secretary. If the
567	567	commission secretary finds that there is a reasonable suspicion that a violation
568	568	under subd. 2. that is not within the scope of the authorized investigation has
569	569	occurred or is occurring, the commission secretary may authorize the special
570	570	investigator or the administrator to investigate the alleged violation or may elect to
571	571	authorize a separate investigation of the alleged violation as provided in subd. 4.
572	572	SECTION 20. 5.05 (2m) (c) 14. of the statutes is amended to read:
573	573	5.05 (2m) (c) 14. If a special investigator or the commission administrator, in
574	574	the course of an investigation authorized by the commission secretary of state,
575	575	discovers evidence of a potential violation of a law that is not administered by the
576	576	commission office of the secretary of state arising from or in relation to the official
577	577	functions of the subject of the investigation or any matter that involves elections, the
578	578	special investigator or the administrator may present that evidence to the
579	579	commission secretary. The commission secretary may thereupon refer the matter to
580	580	the appropriate district attorney specified in subd. 11. or may refer the matter to the
581	581	attorney general. The attorney general may then commence a civil or criminal
582	582	prosecution relating to the matter.
583	583	SECTION 21. 5.05 (2m) (c) 15. of the statutes is amended to read:
584	584	5.05 (2m) (c) 15. Except as provided in subd. 17., if the commission secretary
585	585	of state refers a matter to the district attorney specified in subd. 11. for prosecution
586	586	of a potential violation under subd. 2. or 14. and the district attorney informs the
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614	614	SECTION 21
615	615	SENATE BILL 834
616	616	commission secretary that he or she declines to prosecute any alleged civil or
617	617	criminal violation related to any matter referred to the district attorney by the
618	618	commission secretary, or the district attorney fails to commence a prosecution of any
619	619	civil or criminal violation related to any matter referred to the district attorney by
620	620	the commission secretary within 60 days of the date of the commission's referral, the
621	621	commission secretary may refer the matter to the district attorney for another
622	622	prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney
623	623	to whom the matter was originally referred. If there is more than one such
624	624	prosecutorial unit, the chairperson of the commission shall determine the district
625	625	attorney to whom the matter shall be referred by publicly drawing lots at a meeting
626	626	of the commission. The district attorney may then commence a civil or criminal
627	627	prosecution relating to the matter.
628	628	SECTION 22. 5.05 (2m) (c) 16. of the statutes is amended to read:
629	629	5.05 (2m) (c) 16. Except as provided in subd. 17., if the commission secretary
630	630	of state refers a matter to a district attorney under subd. 15. for prosecution of a
631	631	potential violation under subd. 2. or 14. and the district attorney informs the
632	632	commission secretary that he or she declines to prosecute any alleged civil or
633	633	criminal violation related to any matter referred to the district attorney by the
634	634	commission secretary, or the district attorney fails to commence a prosecution of any
635	635	civil or criminal violation related to any matter referred to the district attorney by
636	636	the commission secretary within 60 days of the date of the commission's referral, the
637	637	commission secretary may refer the matter to the attorney general. The attorney
638	638	general may then commence a civil or criminal prosecution relating to the matter.
639	639	SECTION 23. 5.05 (2m) (c) 17. of the statutes is amended to read:
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665	665	SECTION 23 SENATE BILL 834
666	666	5.05 (2m) (c) 17. The commission secretary of state is not authorized to act
667	667	under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of
668	668	the district attorney specified in subd. 11.
669	669	SECTION 24. 5.05 (2m) (c) 18. of the statutes is amended to read:
670	670	5.05 (2m) (c) 18. Whenever the commission secretary of state refers a matter
671	671	to special counsel or to a district attorney or to the attorney general under this
672	672	subsection, the special counsel, district attorney, or attorney general shall report to
673	673	the commission secretary of state concerning any action taken regarding the matter.
674	674	The report shall be transmitted no later than 40 days after the date of the referral.
675	675	If the matter is not disposed of during that period, the special counsel, district
676	676	attorney, or attorney general shall file a subsequent report at the end of each 30-day
677	677	period following the filing of the initial report until final disposition of the matter.
678	678	SECTION 25. 5.05 (2m) (d) 1. of the statutes is repealed.
679	679	SECTION 26. 5.05 (2m) (d) 2. of the statutes is renumbered 5.05 (2m) (d) and
680	680	amended to read:
681	681	5.05 (2m) (d) No employee of the commission office of the secretary of state,
682	682	while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state
683	683	or partisan local office. No individual who is retained by the commission office of the
684	684	secretary of state to serve as a special investigator or as special counsel may, while
685	685	so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local
686	686	office. A filing officer shall decline to accept nomination papers or a declaration of
687	687	candidacy from any individual who does not qualify to become a candidate under this
688	688	paragraph.
689	689	SECTION 27. 5.05 (2m) (e) of the statutes is amended to read:
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716	716	SECTION 27
717	717	SENATE BILL 834
718	718	5.05 (2m) (e) No individual who serves as an employee of the commission office
719	719	of the secretary of state and no individual who is retained by the commission office
720	720	of the secretary of state to serve as a special investigator or a special counsel may,
721	721	while so employed or retained, make a contribution to a candidate for state or local
722	722	office. No individual who serves as an employee of the commission office of the
723	723	secretary of state and no individual who is retained by the commission office of the
724	724	secretary of state to serve as a special investigator or as special counsel, for 12
725	725	months prior to becoming so employed or retained, may have made a contribution to
726	726	a candidate for a partisan state or local office. In this paragraph, contribution has
727	727	the meaning given in s. 11.0101 (8).
728	728	SECTION 28. 5.05 (2m) (f) (intro.) of the statutes is amended to read:
729	729	5.05 (2m) (f) (intro.) Pursuant to any investigation authorized under par. (c),
730	730	the commission secretary of state has the power:
731	731	SECTION 29. 5.05 (2m) (f) 1. of the statutes is amended to read:
732	732	5.05 (2m) (f) 1. To require any person to submit in writing such reports and
733	733	answers to questions relevant to the proceedings as the commission office of the
734	734	secretary of state may prescribe, such submission to be made within such period and
735	735	under oath or otherwise as the commission office may determine.
736	736	SECTION 30. 5.05 (2m) (f) 2. of the statutes is amended to read:
737	737	5.05 (2m) (f) 2. To order testimony to be taken by deposition before any
738	738	individual who is designated by the commission secretary of state and has the power
739	739	to administer oaths, and, in such instances, to compel testimony and the production
740	740	of evidence in the same manner as authorized by sub. (1) (b).
741	741	SECTION 31. 5.05 (2m) (h) of the statutes is amended to read:
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767	767	SECTION 31 SENATE BILL 834
768	768	5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
769	769	12 is a district attorney or a circuit judge or a candidate for either such office, the
770	770	action shall be brought by the commission secretary of state. If the defendant in an
771	771	action for a civil violation of chs. 5 to 10 or 12 is the attorney general or a candidate
772	772	for that office, the commission secretary of state may appoint special counsel to bring
773	773	suit on behalf of the state.
774	774	SECTION 32. 5.05 (2m) (i) of the statutes is amended to read:
775	775	5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
776	776	10 or 12 is a district attorney or a circuit judge or a candidate for either such office,
777	777	the action shall be brought by the attorney general. If the defendant in an action for
778	778	a criminal violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that
779	779	office, the commission secretary of state may appoint a special prosecutor to conduct
780	780	the prosecution on behalf of the state.
781	781	SECTION 33. 5.05 (2m) (k) of the statutes is amended to read:
782	782	5.05 (2m) (k) The commission's power of the secretary of state to initiate civil
783	783	actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the
784	784	exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
785	785	SECTION 34. 5.05 (2q) of the statutes is amended to read:
786	786	5.05 (2q) SUPPLEMENTAL FUNDING FOR ONGOING INVESTIGATIONS. The commission
787	787	secretary of state may request supplemental funds to be credited to the
788	788	appropriation account under s. 20.510 (1) 20.575 (2) (be) for the purpose of continuing
789	789	an ongoing investigation initiated under sub. (2m). A request under this subsection
790	790	shall be filed with the secretary of administration and the cochairpersons of the joint
791	791	committee on finance in writing and shall contain a statement of the action
792	792	requested, the purposes therefor, the statutory provision authorizing or directing the
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820	820	SECTION 34
821	821	SENATE BILL 834
822	822	performance of the action, and information about the nature of the investigation for
823	823	which the commission secretary of state seeks supplemental funds, excluding the
824	824	name of any individual or organization that is the subject of the investigation. If the
825	825	cochairpersons of the joint committee on finance do not notify the secretary of
826	826	administration that the committee has scheduled a meeting for the purpose of
827	827	reviewing the request within 14 working days after the commission secretary of state
828	828	filed the request, the secretary of administration shall supplement the appropriation
829	829	under s. 20.510 (1) 20.575 (2) (be) from the appropriation under s. 20.505 (1) (d) in
830	830	an amount not to exceed the amount the commission secretary of state requested.
831	831	If, within 14 working days after the commission secretary of state filed the request,
832	832	the cochairpersons of the joint committee on finance notify the secretary of
833	833	administration that the committee has scheduled a meeting for the purpose of
834	834	reviewing the commission's secretary of state's request under this subsection, the
835	835	secretary of administration may supplement the appropriation under s. 20.510 (1)
836	836	20.575 (2) (be) only with the committee's approval. The committee and the secretary
837	837	of administration shall notify the commission secretary of state of all their actions
838	838	taken under this subsection.
839	839	SECTION 35. 5.05 (2w) of the statutes is amended to read:
840	840	5.05 (2w) ELECTIONS COMMISSION SECRETARY OF STATE. The elections commission
841	841	secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.
842	842	SECTION 36. 5.05 (3d) of the statutes is amended to read:
843	843	5.05 (3d) ADMINISTRATOR PERSONNEL. The commission shall appoint an
844	844	administrator in the manner provided under s. 15.61 (1) (b). The administrator shall
845	845	be outside the classified service. The administrator secretary of state shall appoint
846	846	such other personnel as he or she requires to carry out the duties of the commission
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873	873	SECTION 36 SENATE BILL 834
874	874	office of the secretary of state in the administration of chs. 5 to 10 and 12 and may
875	875	designate a commission an employee to serve as the commission's legal counsel. The
876	876	administrator shall perform such duties as the commission assigns to him or her in
877	877	the administration of chs. 5 to 10 and 12.
878	878	SECTION 37. 5.05 (3g) of the statutes is amended to read:
879	879	5.05 (3g) CHIEF ELECTION OFFICER. The commission administrator secretary of
880	880	state shall serve as the chief election officer of this state.
881	881	SECTION 38. 5.05 (4) of the statutes is amended to read:
882	882	5.05 (4) EMPLOYEES. All employees of the commission office of the secretary of
883	883	state involved in the administration of chs. 5 to 10 and 12 shall be nonpartisan.
884	884	SECTION 39. 5.05 (5e) of the statutes is amended to read:
885	885	5.05 (5e) ANNUAL REPORT. The commission office of the secretary of state shall
886	886	submit an annual report under s. 15.04 (1) (d) and shall include in its annual report
887	887	the names and duties of all individuals employed by the commission office and a
888	888	summary of its determinations and advisory opinions issued under sub. (6a). Except
889	889	as authorized or required under sub. (5s) (f), the commission office shall make
890	890	sufficient alterations in the summaries to prevent disclosing the identities of
891	891	individuals or organizations involved in the decisions or opinions. The commission
892	892	office shall identify in its report the statutory duties of the commission administrator
893	893	secretary of state, together with a description of the manner in which those duties
894	894	are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission office
895	895	of the secretary of state shall also specify in its report the total number of
896	896	investigations conducted by the commission office since the last annual report and
897	897	a description of the nature of each investigation. The commission office shall make
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924	924	SECTION 39
925	925	SENATE BILL 834
926	926	such further reports on the matters within its jurisdiction and such
927	927	recommendations for further legislation as it deems desirable.
928	928	SECTION 40. 5.05 (5f) of the statutes is repealed.
929	929	SECTION 41. 5.05 (5fm) of the statutes is created to read:
930	930	5.05 (5fm) ADVICE TO THE SECRETARY OF STATE. The standing committees in each
931	931	house of the legislature with jurisdiction over election administration shall be
932	932	advisory to the secretary of state on all matters relating to the operation of the office
933	933	of the secretary of state with regard to the administration of chs. 5 to 10 and 12.
934	934	Except for action related to the internal operations and procedures of the office, the
935	935	office of the secretary of state may take no action with regard to the administration
936	936	of chs. 5 to 10 and 12 without getting prior approval from the standing committees
937	937	in each house of the legislature with jurisdiction over election administration.
938	938	SECTION 42. 5.05 (5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and
939	939	(f) of the statutes are amended to read:
940	940	5.05 (5s) ACCESS TO RECORDS. (intro.) Records obtained or prepared by the
941	941	commission office of the secretary of state in connection with an investigation,
942	942	including the full text of any complaint received by the commission office, are not
943	943	subject to the right of inspection and copying under s. 19.35 (1), except as follows:
944	944	(a) The commission office shall permit inspection of records that are distributed
945	945	or discussed in the course of a meeting or hearing by the commission office in open
946	946	session. The commission office shall post on its Internet site website the draft
947	947	minutes of each meeting or hearing conducted by the commission office in open
948	948	session no later than 48 hours after the completion of the meeting or hearing. The
949	949	commission office shall post minutes approved by the commission office no later than
950	950	48 hours after the minutes are approved. The commission office may indicate
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977	977	SECTION 42 SENATE BILL 834
978	978	whether minutes posted on its Internet site website have been approved by the
979	979	commission office or are in draft form. Minutes posted pursuant to this paragraph
980	980	shall include a summary of every action that the commission voted on, a record of
981	981	each member's vote for or against every action requiring a vote, a record of all
982	982	motions and seconds made by each member, including the full text of each motion
983	983	debated and voted on by the commission, and a record of each member's status as
984	984	being present or absent for any part of a meeting or hearing taken by the office. The
985	985	commission office shall maintain all minutes published under this paragraph on its
986	986	Internet site website so that the minutes are accessible to the public at all times.
987	987	(am) The commission office shall provide to the joint committee on finance
988	988	records obtained or prepared by the commission office in connection with an ongoing
989	989	investigation when required under sub. (2q).
990	990	(b) Investigatory records of the commission office may be made public in the
991	991	course of a prosecution initiated under chs. 5 to 10 or 12.
992	992	(bm) The commission office shall provide investigatory records to the state
993	993	auditor and the employees of the legislative audit bureau to the extent necessary for
994	994	the bureau to carry out its duties under s. 13.94.
995	995	(c) The commission office shall provide information from investigation and
996	996	hearing records that pertains to the location of individuals and assets of individuals
997	997	as requested under s. 49.22 (2m) by the department of children and families or by a
998	998	county child support agency under s. 59.53 (5).
999	999	(d) If the commission office commences a civil prosecution of a person for an
1000	1000	alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who
1001	1001	is the subject of the investigation may authorize the commission office to make
1002	1002	available for inspection and copying under s. 19.35 (1) records of the investigation
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1030	1030	SECTION 42
1031	1031	SENATE BILL 834
1032	1032	pertaining to that person if the records are available by law to the subject person and
1033	1033	the commission office shall then make those records available.
1034	1034	(e) (intro.) The following records of the commission office are open to public
1035	1035	inspection and copying under s. 19.35 (1):
1036	1036	1. Any record of the action of the commission office authorizing the filing of a
1037	1037	civil complaint under sub. (2m) (c) 6.
1038	1038	2. Any record of the action of the commission office referring a matter to a
1039	1039	district attorney or other prosecutor for investigation or prosecution.
1040	1040	(f) The commission office shall make public formal and informal advisory
1041	1041	opinions and records obtained in connection with requests for formal or informal
1042	1042	advisory opinions relating to matters under the jurisdiction of the commission office,
1043	1043	including the identity of individuals requesting such opinions or organizations or
1044	1044	governmental bodies on whose behalf they are requested.
1045	1045	SECTION 43. 5.05 (5t) of the statutes is amended to read:
1046	1046	5.05 (5t) GUIDANCE FOLLOWING BINDING COURT DECISIONS. Within 2 months
1047	1047	following the publication of a decision of a state or federal court that is binding on
1048	1048	the commission secretary of state and this state, the commission secretary of state
1049	1049	shall issue updated guidance or formal advisory opinions, commence the
1050	1050	rule-making procedure to revise administrative rules promulgated by the
1051	1051	commission secretary of state, or request an opinion from the attorney general on the
1052	1052	applicability of the court decision.
1053	1053	SECTION 44. 5.05 (6a) of the statutes is amended to read:
1054	1054	5.05 (6a) ADVISORY OPINIONS. (a) 1. Any individual, either personally or on
1055	1055	behalf of an organization or governmental body, may make a request of the
1056	1056	commission the secretary of state in writing, electronically, or by telephone for a
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1083	1083	SECTION 44 SENATE BILL 834
1084	1084	formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12
1085	1085	of any matter to which the person is or may become a party. Any appointing officer,
1086	1086	with the consent of a prospective appointee, may request of the commission secretary
1087	1087	a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or
1088	1088	12 of any matter to which the prospective appointee is or may become a party. The
1089	1089	commission secretary shall review a request for an advisory opinion and may issue
1090	1090	a formal or informal written or electronic advisory opinion to the person making the
1091	1091	request. Except as authorized or required for opinions specified in sub. (5s) (f), the
1092	1092	commission's deliberations and actions of the secretary and the office of the secretary
1093	1093	upon such requests shall be in meetings not open to the public. A member of the
1094	1094	commission may, by written request, require the commission to review an advisory
1095	1095	opinion.
1096	1096	2. To have legal force and effect, each formal and informal advisory opinion
1097	1097	issued by the commission secretary of state must be supported by specific legal
1098	1098	authority under a statute or other law, or by specific case or common law authority.
1099	1099	Each formal and informal advisory opinion shall include a citation to each statute
1100	1100	or other law and each case or common law authority upon which the opinion is based,
1101	1101	and shall specifically articulate or explain which parts of the cited authority are
1102	1102	relevant to the commission's conclusion of the secretary and why they are relevant.
1103	1103	3. No person acting in good faith upon a formal or informal advisory opinion
1104	1104	issued by the commission secretary of state under this subsection is subject to
1105	1105	criminal or civil prosecution for so acting, if the material facts are as stated in the
1106	1106	opinion request.
1107	1107	4. At each regular meeting of the commission, the administrator shall review
1108	1108	informal advisory opinions requested of and issued by the administrator and that
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1136	1136	SECTION 44
1137	1137	SENATE BILL 834
1138	1138	relate to recurring issues or issues of first impression for which no formal advisory
1139	1139	opinion has been issued. The commission secretary of state may determine to issue
1140	1140	a formal advisory opinion adopting or modifying the informal advisory opinion. If
1141	1141	the commission secretary disagrees with a formal or informal advisory opinion that
1142	1142	has been issued by or on behalf of the commission secretary, the commission
1143	1143	secretary may withdraw the opinion, issue a revised formal or informal advisory
1144	1144	opinion, or request an opinion from the attorney general. No person acting after the
1145	1145	date of the withdrawal or issuance of the revised advisory opinion is exempted from
1146	1146	prosecution under this subsection if the opinion upon which the person's action is
1147	1147	based has been withdrawn or revised in relevant degree.
1148	1148	5. Except as authorized or required under sub. (5s) (f), no member or employee
1149	1149	of the commission office of the secretary of state may make public the identity of the
1150	1150	individual requesting a formal or informal advisory opinion or of individuals or
1151	1151	organizations mentioned in the opinion.
1152	1152	(b) 1. The commission may authorize the commission administrator or his or
1153	1153	her designee to issue an informal written advisory opinion or transmit an informal
1154	1154	advisory opinion electronically on behalf of the commission, subject to such
1155	1155	limitations as the commission deems appropriate. Every informal advisory opinion
1156	1156	shall be consistent with applicable formal advisory opinions issued by the
1157	1157	commission secretary of state, statute or other law, and case law.
1158	1158	2. Any individual may request in writing, electronically, or by telephone an
1159	1159	informal advisory opinion from the commission secretary of state under this
1160	1160	paragraph. The commission's designee secretary shall provide a written response,
1161	1161	a written reference to an applicable statute or law, or a written reference to a formal
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1187	1187	SECTION 44 SENATE BILL 834
1188	1188	advisory opinion of the commission secretary to the individual, or shall refer the
1189	1189	request to the commission for review and the issuance of a formal advisory opinion.
1190	1190	3. Any person receiving an informal advisory opinion under this paragraph
1191	1191	may, at any time, request a formal advisory opinion from the commission secretary
1192	1192	of state on the same matter.
1193	1193	(c) 1. Any individual may request in writing, electronically, or by telephone a
1194	1194	formal advisory opinion from the commission secretary of state or the review or
1195	1195	modification of a formal advisory opinion issued by the commission secretary under
1196	1196	this paragraph. The individual making the request shall include all pertinent facts
1197	1197	relevant to the matter, but shall not ask for an opinion based on a purely hypothetical
1198	1198	matter. The commission secretary shall review a request for a formal advisory
1199	1199	opinion and may issue a formal advisory opinion to the individual making the
1200	1200	request. Except as authorized or required for opinions specified in sub. (5s) (f), the
1201	1201	commission's deliberations and actions of the secretary and the office of the secretary
1202	1202	of state upon such requests shall be in meetings not open to the public.
1203	1203	2. Any person requesting a formal advisory opinion under this paragraph may
1204	1204	request a public or private hearing before the commission secretary of state to
1205	1205	discuss the opinion. The commission secretary shall grant a request for a public or
1206	1206	private hearing under this paragraph.
1207	1207	3. Promptly upon issuance of each formal advisory opinion, the commission
1208	1208	secretary of state shall publish the opinion together with the information specified
1209	1209	under sub. (5s) (f) on the commission's Internet site website of the office of the
1210	1210	secretary of state and promulgate a rule to implement the opinion.
1211	1211	4. If the commission secretary of state declines to issue a formal advisory
1212	1212	opinion, it the secretary may refer the matter to the attorney general or to and the
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1240	1240	SECTION 44
1241	1241	SENATE BILL 834
1242	1242	standing legislative oversight committees so that the attorney general and the
1243	1243	committees may confer on addressing the matter.
1244	1244	SECTION 45. 5.05 (7) of the statutes is amended to read:
1245	1245	5.05 (7) ADMINISTRATIVE MEETINGS AND CONFERENCES. The commission office of
1246	1246	the secretary of state shall conduct regular information and training meetings at
1247	1247	various locations in the state for county and municipal clerks and other election
1248	1248	officials. Administrative meetings shall be designed to explain the election laws and
1249	1249	the forms and rules of the commission office, to promote uniform procedures and to
1250	1250	assure that clerks and other officials are made aware of the integrity and importance
1251	1251	of the vote of each citizen. The commission office may conduct conferences relating
1252	1252	to election laws, practice, and procedure. The commission office may charge persons
1253	1253	attending the administrative meetings and conferences for its costs incurred in
1254	1254	conducting the meetings and conferences at a rate not exceeding the per capita cost
1255	1255	incurred by the commission office.
1256	1256	SECTION 46. 5.05 (9) of the statutes is amended to read:
1257	1257	5.05 (9) STANDING. The commission secretary of state has standing to
1258	1258	commence or intervene in any civil action or proceeding for the purpose of enforcing
1259	1259	the laws regulating the conduct of elections or election campaigns, other than laws
1260	1260	regulating campaign financing, or ensuring their proper administration.
1261	1261	SECTION 47. 5.05 (10) of the statutes is amended to read:
1262	1262	5.05 (10) STATE ELECTION ADMINISTRATION PLAN. With the approval of the joint
1263	1263	committee on finance as provided in this subsection, the commission secretary of
1264	1264	state shall adopt and modify as necessary a state plan that meets the requirements
1265	1265	of P.L. 107-252 to enable participation by this state in federal financial assistance
1266	1266	programs authorized under that law. The commission secretary shall adopt the plan
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1293	1293	SECTION 47 SENATE BILL 834
1294	1294	and any modifications only after publishing a class 1 notice under ch. 985 or posting
1295	1295	on the Internet a statement describing the proposed plan or modification and
1296	1296	receiving public comment thereon. After approval of the proposed plan or any
1297	1297	modification of the plan by the commission secretary, the commission secretary shall
1298	1298	submit the proposed plan or modification to the joint committee on finance for the
1299	1299	approval of the committee. The commission secretary may adopt the proposed plan
1300	1300	or modification only if the committee approves the proposed plan or modification.
1301	1301	SECTION 48. 5.05 (11) of the statutes is amended to read:
1302	1302	5.05 (11) AIDS TO COUNTIES AND MUNICIPALITIES. From the appropriations under
1303	1303	s. 20.510 (1) 20.575 (2) (t) and (x), the commission secretary of state may provide
1304	1304	financial assistance to eligible counties and municipalities for election
1305	1305	administration costs in accordance with the plan adopted under sub. (10). As a
1306	1306	condition precedent to receipt of assistance under this subsection, the commission
1307	1307	secretary shall enter into an agreement, as prescribed by rule, with the county or
1308	1308	municipality receiving the assistance specifying the intended use of the assistance
1309	1309	and shall ensure compliance with the terms of the agreement. Each agreement shall
1310	1310	provide that if the federal government objects to the use of any assistance moneys
1311	1311	provided to the county or municipality under the agreement, the county or
1312	1312	municipality shall repay the amount of the assistance provided to the commission
1313	1313	secretary.
1314	1314	SECTION 49. 5.05 (12) of the statutes is amended to read:
1315	1315	5.05 (12) VOTER EDUCATION. The commission secretary of state may conduct or
1316	1316	prescribe requirements for educational programs to inform electors about voting
1317	1317	procedures, voting rights, and voting technology. The commission secretary shall
1318	1318	conduct an educational program for the purpose of educating electors who cast paper
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1346	1346	SECTION 49
1347	1347	SENATE BILL 834
1348	1348	ballots, ballots that are counted at a central counting location, and absentee ballots
1349	1349	of the effect of casting excess votes for a single office.
1350	1350	SECTION 50. 5.05 (13) (a) of the statutes is amended to read:
1351	1351	5.05 (13) (a) The commission secretary of state shall maintain one or more
1352	1352	toll-free telephone lines for electors to report possible voting fraud and voting rights
1353	1353	violations, to obtain general election information, and to access information
1354	1354	concerning their registration status, current polling place locations, and other
1355	1355	information relevant to voting in elections.
1356	1356	SECTION 51. 5.05 (13) (b) of the statutes is amended to read:
1357	1357	5.05 (13) (b) The commission secretary of state may maintain a free access
1358	1358	system under which an elector who votes under s. 6.96 or 6.97 may ascertain current
1359	1359	information concerning whether the elector's vote has been counted, and, if the vote
1360	1360	will not be counted, the reason that it will not be counted.
1361	1361	SECTION 52. 5.05 (13) (c) of the statutes is amended to read:
1362	1362	5.05 (13) (c) The commission secretary of state shall maintain a freely
1363	1363	accessible system under which a military elector, as defined in s. 6.34 (1), or an
1364	1364	overseas elector who casts an absentee ballot may ascertain whether the ballot has
1365	1365	been received by the appropriate municipal clerk.
1366	1366	SECTION 53. 5.05 (13) (d) (intro.) of the statutes is amended to read:
1367	1367	5.05 (13) (d) (intro.) The commission secretary of state shall designate and
1368	1368	maintain at least one freely accessible means of electronic communication which
1369	1369	shall be used for the following purposes:
1370	1370	SECTION 54. 5.05 (14) of the statutes is amended to read:
1371	1371	5.05 (14) INFORMATION FROM COUNTY AND MUNICIPAL CLERKS. (a) The commission
1372	1372	secretary of state may request information from county and municipal clerks
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1399	1399	SECTION 54 SENATE BILL 834
1400	1400	relating to election administration, performance of electronic voting systems and
1401	1401	voting machines, and use of paper ballots in elections.
1402	1402	(b) The commission office of the secretary of state shall establish a subscription
1403	1403	service whereby a person may electronically access the absentee ballot information
1404	1404	provided under s. 6.33 (5) (a), including semiweekly updates of such information.
1405	1405	(c) On election night the commission office of the secretary of state shall provide
1406	1406	a link on its Internet site website to the posting of each county's election returns on
1407	1407	each county's Internet site website.
1408	1408	SECTION 55. 5.05 (15) of the statutes is amended to read:
1409	1409	5.05 (15) REGISTRATION LIST. The commission office of the secretary of state is
1410	1410	responsible for the design and maintenance of the official registration list under s.
1411	1411	6.36. The commission secretary of state shall require all municipalities to use the
1412	1412	list in every election and may require any municipality to adhere to procedures
1413	1413	established by the commission office of the secretary of state for proper maintenance
1414	1414	of the list.
1415	1415	SECTION 56. 5.05 (16) of the statutes is amended to read:
1416	1416	5.05 (16) POLICIES AND PROCEDURES. (a) Annually, the commission office of the
1417	1417	secretary of state shall adopt written policies and procedures in order to govern its
1418	1418	internal operations and management and shall annually report such policies and
1419	1419	procedures to the appropriate standing committees of the legislature under s. 13.172
1420	1420	(3).
1421	1421	(b) Notwithstanding par. (a), the commission office of the secretary of state may
1422	1422	reconsider at any time any policy or procedure adopted as provided under par. (a).
1423	1423	If, upon reconsideration, the commission office revises a previously reported policy
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1450	1450	SECTION 56
1451	1451	SENATE BILL 834
1452	1452	or procedure, the commission office shall report the revision to the appropriate
1453	1453	standing committees of the legislature under s. 13.172 (3).
1454	1454	(c) The commission secretary of state may reconsider at any time any written
1455	1455	directives or written guidance provided to the general public or to any person subject
1456	1456	to the provisions of chs. 5 to 10 and 12 with regard to the enforcement and
1457	1457	administration of those provisions.
1458	1458	SECTION 57. 5.05 (17) of the statutes is amended to read:
1459	1459	5.05 (17) PAYMENTS. The commission office of the secretary of state may accept
1460	1460	payment by credit card, debit card, or other electronic payment mechanism for any
1461	1461	amounts owed pursuant to the administration of chs. 5 to 10 or 12, and may charge
1462	1462	a surcharge to the payer to recover charges associated with the acceptance of that
1463	1463	electronic payment.
1464	1464	SECTION 58. 5.05 (18) of the statutes is amended to read:
1465	1465	5.05 (18) ELECTRONIC POLL LISTS. The commission secretary of state may
1466	1466	facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79
1467	1467	including entering into contracts with vendors and establishing programs for
1468	1468	development and testing. The secretary of state shall report all actions taken under
1469	1469	this subsection to the standing legislative oversight committees as soon as
1470	1470	practicable after taking such actions.
1471	1471	SECTION 59. 5.055 of the statutes is amended to read:
1472	1472	5.055 Election assistance commission standards board. The commission
1473	1473	administrator secretary of state shall, in consultation with the commission, appoint
1474	1474	an individual to represent this state as a member of the federal election assistance
1475	1475	commission standards board. The administrator secretary shall also conduct and
1476	1476	supervise a process for the selection of an election official by county and municipal
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1503	1503	SECTION 59 SENATE BILL 834
1504	1504	clerks and boards of election commissioners to represent local election officials of this
1505	1505	state as a member of the federal election assistance commission standards board.
1506	1506	The administrator secretary shall ensure that the members of the federal election
1507	1507	assistance commission standards board representing this state shall at no time be
1508	1508	members of the same political party. Upon appointment or election of any new
1509	1509	member of the federal election assistance commission standards board representing
1510	1510	this state, the administrator secretary shall transmit a notice of that member's
1511	1511	appointment or election to the officer or agency designated by federal law.
1512	1512	SECTION 60. 5.056 of the statutes is amended to read:
1513	1513	5.056 Matching program with secretary of transportation. The
1514	1514	commission administrator secretary of state shall enter into the agreement with the
1515	1515	secretary of transportation specified under s. 85.61 (1) to match personally
1516	1516	identifiable information on the official registration list maintained by the
1517	1517	commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
1518	1518	(2m) with personally identifiable information maintained by the department of
1519	1519	transportation.
1520	1520	SECTION 61. 5.06 (1) of the statutes is amended to read:
1521	1521	5.06 (1) Whenever any elector of a jurisdiction or district served by an election
1522	1522	official believes that a decision or action of the official or the failure of the official to
1523	1523	act with respect to any matter concerning nominations, qualifications of candidates,
1524	1524	voting qualifications, including residence, ward division and numbering, recall,
1525	1525	ballot preparation, election administration or conduct of elections is contrary to law,
1526	1526	or the official has abused the discretion vested in him or her by law with respect to
1527	1527	any such matter, the elector may file a written sworn complaint with the commission
1528	1528	secretary of state requesting that the official be required to conform his or her
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1556	1556	SECTION 61
1557	1557	SENATE BILL 834
1558	1558	conduct to the law, be restrained from taking any action inconsistent with the law
1559	1559	or be required to correct any action or decision inconsistent with the law or any abuse
1560	1560	of the discretion vested in him or her by law. The complaint shall set forth such facts
1561	1561	as are within the knowledge of the complainant to show probable cause to believe
1562	1562	that a violation of law or abuse of discretion has occurred or will occur. The complaint
1563	1563	may be accompanied by relevant supporting documents. The commission secretary
1564	1564	may conduct a hearing on the matter in the manner prescribed for treatment of
1565	1565	contested cases under ch. 227 if it he or she believes such action to be appropriate.
1566	1566	SECTION 62. 5.06 (2) of the statutes is amended to read:
1567	1567	5.06 (2) No person who is authorized to file a complaint under sub. (1), other
1568	1568	than the attorney general or a district attorney, may commence an action or
1569	1569	proceeding to test the validity of any decision, action, or failure to act on the part of
1570	1570	any election official with respect to any matter specified in sub. (1) without first filing
1571	1571	a complaint under sub. (1), nor prior to disposition of the complaint by the
1572	1572	commission secretary of state. A complaint is deemed disposed of if the commission
1573	1573	secretary fails to transmit an acknowledgment of receipt of the complaint within 5
1574	1574	business days from the date of its receipt or if the commission secretary concludes
1575	1575	its an investigation without a formal decision.
1576	1576	SECTION 63. 5.06 (4) of the statutes is amended to read:
1577	1577	5.06 (4) The commission may, on its own motion, secretary of state shall
1578	1578	investigate and determine whether any election official, with respect to any matter
1579	1579	concerning nominations, qualifications of candidates, voting qualifications,
1580	1580	including residence, ward division and numbering, recall, ballot preparation,
1581	1581	election administration or conduct of elections, has failed to comply with the law or
1582	1582	abused the discretion vested in him or her by law or proposes to do so.
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1609	1609	SECTION 64 SENATE BILL 834
1610	1610	SECTION 64. 5.06 (5) of the statutes is amended to read:
1611	1611	5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion at
1612	1612	his or her discretion, the commission secretary of state may order any election official
1613	1613	to immediately transfer to its his or her possession any original documents in the
1614	1614	custody of the official which the commission secretary finds to be necessary and
1615	1615	relevant to permit review of compliance with the laws concerning nominations,
1616	1616	qualifications of candidates, ward division and numbering, recall or ballot
1617	1617	preparation or the proper administration of such laws.
1618	1618	SECTION 65. 5.06 (6) of the statutes is amended to read:
1619	1619	5.06 (6) The commission may secretary of state shall, after such investigation
1620	1620	as it the secretary deems appropriate, summarily decide the matter before it the
1621	1621	secretary and, by order, require any election official to conform his or her conduct to
1622	1622	the law, restrain an official from taking any action inconsistent with the law or
1623	1623	require an official to correct any action or decision inconsistent with the law. The
1624	1624	commission secretary shall immediately transmit a copy of the order to the official.
1625	1625	An order issued under this subsection is effective immediately or at such later time
1626	1626	as may be specified in the order.
1627	1627	SECTION 66. 5.06 (7) of the statutes is amended to read:
1628	1628	5.06 (7) The commission secretary of state may withdraw, modify, or correct an
1629	1629	order issued under sub. (6) within a timely period if it the secretary finds such action
1630	1630	to be appropriate.
1631	1631	SECTION 67. 5.06 (8) of the statutes is amended to read:
1632	1632	5.06 (8) Any election official or complainant who is aggrieved by an order issued
1633	1633	under sub. (6) may appeal the decision of the commission secretary of state to circuit
1634	1634	court for the county where the official conducts business or the complainant resides
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1662	1662	SECTION 67
1663	1663	SENATE BILL 834
1664	1664	no later than 30 days after issuance of the order. Pendency of an appeal does not stay
1665	1665	the effect of an order unless the court so orders.
1666	1666	SECTION 68. 5.06 (9) of the statutes is amended to read:
1667	1667	5.06 (9) The court may not conduct a de novo proceeding with respect to any
1668	1668	findings of fact or factual matters upon which the commission secretary of state has
1669	1669	made a determination, or could have made a determination if the parties had
1670	1670	properly presented the disputed matters to the commission secretary for its his or her
1671	1671	consideration. The court shall summarily hear and determine all contested issues
1672	1672	of law and shall affirm, reverse or modify the determination of the commission
1673	1673	secretary, according due weight to the experience, technical competence, and
1674	1674	specialized knowledge of the commission secretary, pursuant to the applicable
1675	1675	standards for review of agency decisions under s. 227.57.
1676	1676	SECTION 69. 5.061 (1) of the statutes is amended to read:
1677	1677	5.061 (1) Whenever any person believes that a violation of Title III of P.L.
1678	1678	107-252 has occurred, is occurring, or is proposed to occur with respect to an election
1679	1679	for national office in this state, that person may file a written, verified complaint with
1680	1680	the commission secretary of state.
1681	1681	SECTION 70. 5.061 (2) of the statutes is amended to read:
1682	1682	5.061 (2) If the commission secretary of state receives more than one complaint
1683	1683	under sub. (1) relating to the same subject matter, the commission secretary may
1684	1684	consolidate the complaints for purposes of this section.
1685	1685	SECTION 71. 5.061 (3) of the statutes is amended to read:
1686	1686	5.061 (3) A complainant under sub. (1) or any of the complainants in a
1687	1687	consolidated complaint under sub. (2) may request a hearing and the matter shall
1688	1688	then be treated as a contested case under ch. 227, except that the commission
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1715	1715	SECTION 71 SENATE BILL 834
1716	1716	secretary of state shall make a final determination with respect to the merits of the
1717	1717	complaint and issue a decision within 89 days of the time that the complaint or the
1718	1718	earliest of any complaints was filed, unless the complainant, or each of any
1719	1719	complainants whose complaints are consolidated, consents to a specified longer
1720	1720	period.
1721	1721	SECTION 72. 5.061 (4) of the statutes is amended to read:
1722	1722	5.061 (4) If the commission secretary of state finds the complaint to be without
1723	1723	merit, it the secretary shall issue a decision dismissing the complaint. If the
1724	1724	commission secretary finds that the violation alleged in the complaint has occurred,
1725	1725	is occurring, or is proposed to occur, the commission secretary shall order appropriate
1726	1726	relief, except that the commission secretary shall not issue any order under this
1727	1727	subsection affecting the right of any person to hold an elective office or affecting the
1728	1728	canvass of an election on or after the date of that election.
1729	1729	SECTION 73. 5.25 (4) of the statutes is amended to read:
1730	1730	5.25 (4) (a) Each polling place shall be accessible to all individuals with
1731	1731	disabilities. The commission secretary of state shall ensure that the voting system
1732	1732	used at each polling place will permit all individuals with disabilities to vote without
1733	1733	the need for assistance and with the same degree of privacy that is accorded to
1734	1734	nondisabled electors voting at the same polling place. This paragraph does not apply
1735	1735	to any individual who is disqualified from voting under s. 6.03 (1) (a).
1736	1736	(b) In any jurisdiction that is subject to the requirement under 42 USC
1737	1737	1973aa-1a to provide voting materials in any language other than English, the
1738	1738	commission secretary of state shall ensure that the voting system used at each
1739	1739	polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.
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1766	1766	SECTION 73
1767	1767	SENATE BILL 834
1768	1768	(d) No later than June 30 of each odd-numbered year, the commission office of
1769	1769	the secretary of state shall submit a report on impediments to voting faced by elderly
1770	1770	and handicapped individuals to the appropriate standing committees of the
1771	1771	legislature under s. 13.172 (3). In preparing its report under this paragraph, the
1772	1772	commission office shall consult with appropriate advocacy groups representing the
1773	1773	elderly and handicapped populations.
1774	1774	SECTION 74. 5.35 (6) (a) 2m. of the statutes is amended to read:
1775	1775	5.35 (6) (a) 2m. General information prescribed by the commission secretary
1776	1776	of state on federal laws relating to election fraud and misrepresentation in federal
1777	1777	elections.
1778	1778	SECTION 75. 5.35 (6) (a) 4a. of the statutes is amended to read:
1779	1779	5.35 (6) (a) 4a. Instructions prescribed by the commission secretary of state for
1780	1780	electors for whom proof of identification is required under s. 6.79 (2) or for whom
1781	1781	proof of residence under s. 6.34 is required under s. 6.55 (2).
1782	1782	SECTION 76. 5.35 (6) (a) 4b. of the statutes is amended to read:
1783	1783	5.35 (6) (a) 4b. General information prescribed by the commission secretary of
1784	1784	state concerning voting rights under applicable state and federal laws, including the
1785	1785	method of redress for any alleged violations of those rights.
1786	1786	SECTION 77. 5.35 (6) (a) 5. of the statutes is amended to read:
1787	1787	5.35 (6) (a) 5. Any other voting information directed to be posted by the
1788	1788	commission secretary of state.
1789	1789	SECTION 78. 5.35 (6) (b) of the statutes is amended to read:
1790	1790	5.35 (6) (b) At each polling place in the state where a consolidated ballot under
1791	1791	s. 5.655 is used or an electronic voting system is utilized at a partisan primary
1792	1792	election incorporating a ballot upon which electors may mark votes for candidates
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1819	1819	SECTION 78 SENATE BILL 834
1820	1820	of more than one recognized political party, the municipal clerk or board of election
1821	1821	commissioners shall prominently post a sign in the form prescribed by the
1822	1822	commission secretary of state warning electors in substance that on any ballot with
1823	1823	votes cast for candidates of more than one recognized political party, no votes cast for
1824	1824	any candidates for partisan office will be counted unless a preference for a party is
1825	1825	made. If the elector designates a preference, only votes cast for candidates of that
1826	1826	preference will be counted.
1827	1827	SECTION 79. 5.40 (5m) of the statutes is amended to read:
1828	1828	5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality
1829	1829	which uses voting machines or an electronic voting system may petition the
1830	1830	commission secretary of state for permission to use paper ballots and voting booths
1831	1831	for a specific election, and the commission secretary may grant such a request.
1832	1832	SECTION 80. 5.40 (7) of the statutes is amended to read:
1833	1833	5.40 (7) Whenever a municipality adopts and purchases voting machines or an
1834	1834	electronic voting system, or adopts and purchases a different type of voting machine
1835	1835	or electronic voting system from the type it was previously using, the municipal clerk
1836	1836	or executive director of the municipal board of election commissioners shall promptly
1837	1837	notify the county clerk or executive director of the county board of election
1838	1838	commissioners and the administrator of the elections commission secretary of state
1839	1839	in writing.
1840	1840	SECTION 81. 5.51 (6) of the statutes is amended to read:
1841	1841	5.51 (6) All candidates' names for the same office shall be placed, projected or
1842	1842	composed on the ballot in the same size, style and color of type. The style and size
1843	1843	of type shall conform substantially to the official ballot forms prescribed by the
1844	1844	commission secretary of state under s. 7.08 (1) (a).
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1872	1872	SECTION 82
1873	1873	SENATE BILL 834
1874	1874	SECTION 82. 5.51 (8) of the statutes is amended to read:
1875	1875	5.51 (8) Unless otherwise specifically provided, the form of all ballots shall
1876	1876	conform to the ballot forms prescribed by the commission secretary of state under s.
1877	1877	7.08 (1) (a).
1878	1878	SECTION 83. 5.58 (1b) (bm) of the statutes is amended to read:
1879	1879	5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged
1880	1880	by the municipal clerk, using the same method as that used by the commission
1881	1881	secretary of state under s. 5.60 (1) (b).
1882	1882	SECTION 84. 5.58 (1b) (cm) of the statutes is amended to read:
1883	1883	5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange
1884	1884	the ballot in accordance with the form prescribed by the commission secretary of
1885	1885	state under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and
1886	1886	(6), insofar as possible.
1887	1887	SECTION 85. 5.58 (2) of the statutes is amended to read:
1888	1888	5.58 (2) STATE SUPERINTENDENT OF PUBLIC INSTRUCTION; JUDICIARY; COUNTY
1889	1889	EXECUTIVE; COUNTY COMPTROLLER; AND COUNTY SUPERVISORS. There shall be one
1890	1890	separate ballot for state superintendent, judicial officers, county executive under s.
1891	1891	59.17, and county supervisor, except as authorized in s. 5.655. In counties having a
1892	1892	population of 750,000 or more, the ballot shall also include the office of comptroller
1893	1893	and those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of
1894	1894	candidates for state superintendent, justice, court of appeals judge, and circuit court
1895	1895	judge shall be determined by the commission secretary of state in the manner
1896	1896	specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county
1897	1897	executive, county comptroller, and county supervisor shall be determined by the
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1923	1923	SECTION 85 SENATE BILL 834
1924	1924	county clerk or by the executive director of the county board of election
1925	1925	commissioners in the manner specified in s. 5.60 (1) (b).
1926	1926	SECTION 86. 5.58 (2m) of the statutes is amended to read:
1927	1927	5.58 (2m) METROPOLITAN SEWERAGE COMMISSION. Except as authorized in s.
1928	1928	5.655, there shall be a separate ballot for members of the metropolitan sewerage
1929	1929	commission if commissioners are elected under s. 200.09 (11) (am), with candidates
1930	1930	for different seats listed in separate columns or rows if more than one seat is
1931	1931	contested at any election. Arrangement of the names on the ballot shall be
1932	1932	determined by the elections commission secretary of state.
1933	1933	SECTION 87. 5.60 (1) (b) of the statutes is amended to read:
1934	1934	5.60 (1) (b) The elections commission secretary of state shall certify the
1935	1935	candidates' names and designate the official ballot arrangement for candidates for
1936	1936	state superintendent, justice, court of appeals judge, and for circuit judge and for
1937	1937	metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am).
1938	1938	The arrangement of names of all candidates on the ballot whose nomination papers
1939	1939	are filed with the elections commission secretary of state shall be determined by the
1940	1940	elections commission secretary by the drawing of lots not later than the 2nd Tuesday
1941	1941	in January, or the next day if the first Tuesday is a holiday. Whenever a primary is
1942	1942	held for an office, a 2nd drawing of all candidates for that office shall be held by or
1943	1943	under the supervision of the elections commission secretary of state not later than
1944	1944	the 3rd day following the completion of the primary canvass to determine the
1945	1945	arrangement of candidates on the election ballot.
1946	1946	SECTION 88. 5.60 (3) (ag) of the statutes is amended to read:
1947	1947	5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
1948	1948	giving the names of all candidates for city offices, printed in the same form as
1949	1949	1
1950	1950	2
1951	1951	3
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1953	1953	5
1954	1954	6
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1967	1967	19
1968	1968	20
1969	1969	21
1970	1970	22
1971	1971	23
1972	1972	24
1973	1973	25 - 39 -2023 - 2024 Legislature
1974	1974	LRB-5269/2
1975	1975	JK:cdc
1976	1976	SECTION 88
1977	1977	SENATE BILL 834
1978	1978	prescribed by the commission secretary of state under s. 7.08 (1) (a). City election
1979	1979	ballots may vary in form to conform to the law under which an election is held.
1980	1980	SECTION 89. 5.60 (5) (ar) of the statutes is amended to read:
1981	1981	5.60 (5) (ar) The offices to be filled shall be arranged on the official ballot in the
1982	1982	order they are named in the statutes creating them. The names of the candidates
1983	1983	shall be arranged by using the same method as that used by the commission
1984	1984	secretary of state under sub. (1) (b). Sufficient space shall be left under each office
1985	1985	for write-in candidates.
1986	1986	SECTION 90. 5.60 (6) (a) of the statutes is amended to read:
1987	1987	5.60 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot
1988	1988	giving the names of all candidates for elective town offices in the form prescribed by
1989	1989	the commission secretary of state under s. 7.08 (1) (a). There shall be 2 ballot forms.
1990	1990	One ballot form shall be used for the election of supervisors to numbered seats and
1991	1991	one ballot form shall be used for the election of supervisors to unnumbered seats. On
1992	1992	the ballot used for the election of supervisors to unnumbered seats, all supervisor
1993	1993	candidates shall be listed together and the voting instructions shall state “Vote for
1994	1994	not more than.... [insert number of supervisors to be elected] candidates". All towns
1995	1995	shall elect their supervisors to unnumbered seats unless the annual town meeting
1996	1996	adopts a plan to elect supervisors to numbered seats. The names of candidates for
1997	1997	town office shall be arranged by using the same method as that used by the
1998	1998	commission secretary of state under sub. (1) (b). A space shall be provided under each
1999	1999	office on the ballot for a write-in candidate.
2000	2000	SECTION 91. 5.60 (8) (am) of the statutes is amended to read:
2001	2001	5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot
2002	2002	for each recognized political party filing a certification under s. 8.12 (1), listing the
2003	2003	1
2004	2004	2
2005	2005	3
2006	2006	4
2007	2007	5
2008	2008	6
2009	2009	7
2010	2010	8
2011	2011	9
2012	2012	10
2013	2013	11
2014	2014	12
2015	2015	13
2016	2016	14
2017	2017	15
2018	2018	16
2019	2019	17
2020	2020	18
2021	2021	19
2022	2022	20
2023	2023	21
2024	2024	22
2025	2025	23
2026	2026	24
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2028	2028	JK:cdc
2029	2029	SECTION 91 SENATE BILL 834
2030	2030	names of all potential candidates of that party determined under s. 8.12 and
2031	2031	affording, in addition, an opportunity to the voter to nominate another potential
2032	2032	candidate by write-in vote or to vote for an uninstructed delegation to the party
2033	2033	convention. The order of presidential candidates on the ballot shall be determined
2034	2034	by lot by or under the supervision of the commission secretary of state. Each voter
2035	2035	shall be given the ballots of all the parties participating in the presidential
2036	2036	preference vote, but may vote on one ballot only.
2037	2037	SECTION 92. 5.62 (1) (a) of the statutes is amended to read:
2038	2038	5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
2039	2039	the nomination of candidates of recognized political parties for national, state, and
2040	2040	county offices and independent candidates for state office in each ward, in the same
2041	2041	form as prescribed by the commission secretary of state under s. 7.08 (1) (a), except
2042	2042	as authorized in s. 5.655. The ballots shall be made up of the several party tickets
2043	2043	with each party entitled to participate in the primary under par. (b) or sub. (2) having
2044	2044	its own ballot, except as authorized in s. 5.655. The ballots shall be secured together
2045	2045	at the bottom. The party ballot of the party receiving the most votes for president
2046	2046	or governor at the last general election shall be on top with the other parties arranged
2047	2047	in descending order based on their vote for president or governor at the last general
2048	2048	election. The ballots of parties qualifying under sub. (2) shall be placed after the
2049	2049	parties qualifying under par. (b), in the same order in which the parties filed petitions
2050	2050	with the commission secretary of state. Any ballot required under par. (b) 2. shall
2051	2051	be placed next in order. At polling places where voting machines are used, each party
2052	2052	shall be represented in one or more separate columns or rows on the ballot. At polling
2053	2053	places where an electronic voting system is used other than an electronic voting
2054	2054	machine, each party may be represented in separate columns or rows on the ballot.
2055	2055	1
2056	2056	2
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2080	2080	LRB-5269/2
2081	2081	JK:cdc
2082	2082	SECTION 93
2083	2083	SENATE BILL 834
2084	2084	SECTION 93. 5.62 (1) (b) 1. of the statutes is amended to read:
2085	2085	5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every
2086	2086	recognized political party listed on the official ballot at the last gubernatorial election
2087	2087	whose candidate for any statewide office received at least 1 percent of the total votes
2088	2088	cast for that office and, if the last general election was also a presidential election,
2089	2089	every recognized political party listed on the ballot at that election whose candidate
2090	2090	for president received at least 1 percent of the total vote cast for that office shall have
2091	2091	a separate primary ballot or one or more separate columns or rows on the primary
2092	2092	ballot as prescribed in par. (a) and a separate column on the general election ballot
2093	2093	in every ward and election district. An organization which was listed as
2094	2094	“independent" at the last general election and whose candidate meets the same
2095	2095	qualification shall receive the same ballot status upon petition of the chairperson
2096	2096	and secretary of the organization to the commission secretary of state requesting
2097	2097	such status and specifying their party name, which may not duplicate the name of
2098	2098	an existing party. A petition under this subdivision may be filed no later than 5 p.m.
2099	2099	on April 1 in the year of each general election.
2100	2100	SECTION 94. 5.62 (2) (a) of the statutes is amended to read:
2101	2101	5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
2102	2102	organization may be represented on a separate primary ballot or in one or more
2103	2103	separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
2104	2104	a separate column on the general election ballot in every ward and election district.
2105	2105	To qualify for a separate ballot under this paragraph, the political organization shall,
2106	2106	not later than 5 p.m. on April 1 in the year of the partisan primary, file with the
2107	2107	commission secretary of state a petition requesting separate ballot status. The
2108	2108	petition shall be signed by at least 10,000 electors, including at least 1,000 electors
2109	2109	1
2110	2110	2
2111	2111	3
2112	2112	4
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2115	2115	7
2116	2116	8
2117	2117	9
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2129	2129	21
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2134	2134	JK:cdc
2135	2135	SECTION 94 SENATE BILL 834
2136	2136	residing in each of at least 3 separate congressional districts. The petition shall
2137	2137	conform to the requirements of s. 8.40. No signature obtained before January 1 in
2138	2138	the year of filing is valid. When the candidates of a political organization filing a
2139	2139	valid petition fulfill the requirements prescribed by law, they shall appear on a
2140	2140	separate ballot or one or more separate columns or rows on the ballot for the period
2141	2141	ending with the following general election.
2142	2142	SECTION 95. 5.62 (3) of the statutes is amended to read:
2143	2143	5.62 (3) The commission secretary of state shall designate the official primary
2144	2144	ballot arrangement for statewide offices and district attorney within each
2145	2145	prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On
2146	2146	each ballot and on each separate column or row on the ballot, the candidates for office
2147	2147	shall be listed together with the offices which they seek in the following order
2148	2148	whenever these offices appear on the partisan primary ballot: governor, lieutenant
2149	2149	governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S.
2150	2150	representative in congress, state senator, representative to the assembly, district
2151	2151	attorney, and the county offices.
2152	2152	SECTION 96. 5.62 (4) (ar) of the statutes is amended to read:
2153	2153	5.62 (4) (ar) Within a county the county clerk shall arrange the names of all
2154	2154	candidates filing nomination papers with the clerk's office using the same method as
2155	2155	that used by the commission secretary of state under s. 5.60 (1) (b).
2156	2156	SECTION 97. 5.62 (4) (b) of the statutes is amended to read:
2157	2157	5.62 (4) (b) The county board of election commissioners in counties having a
2158	2158	population of more than 750,000 shall prepare the official primary ballot. The
2159	2159	commissioners shall arrange the names of all candidates for each office whose
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2162	2162	3
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2184	2184	LRB-5269/2
2185	2185	JK:cdc
2186	2186	SECTION 97
2187	2187	SENATE BILL 834
2188	2188	nomination papers are filed at the county level, using the same method as that used
2189	2189	by the elections commission secretary of state under s. 5.60 (1) (b).
2190	2190	SECTION 98. 5.64 (1) (ag) of the statutes is amended to read:
2191	2191	5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
2192	2192	giving the names of all candidates for president and vice president and for statewide,
2193	2193	congressional, legislative, and county offices in the same form as prescribed by the
2194	2194	commission secretary of state under s. 7.08 (1) (a).
2195	2195	SECTION 99. 5.64 (1) (b) of the statutes is amended to read:
2196	2196	5.64 (1) (b) The names of the candidates for the offices of president and vice
2197	2197	president that are certified under s. 8.16 (7) or that are contained in nomination
2198	2198	papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08
2199	2199	(2) (a). The names of the candidates on the regular party tickets nominated at the
2200	2200	primary or replacements appointed under s. 8.35 (2) shall appear in a separate
2201	2201	column under the party designation. The columns shall be arranged from left to right
2202	2202	according to rank, based on the number of votes received by each party's candidate
2203	2203	for president or governor at the last general election beginning with the party that
2204	2204	received the most votes. To the right of the columns for parties qualifying under s.
2205	2205	5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the
2206	2206	same order in which the parties filed petitions with the commission secretary of
2207	2207	state. Any column required under par. (e) 2. shall be placed next in order. To the right
2208	2208	of the party columns shall be a column for the names of independent candidates for
2209	2209	each office, or more than one column if the first column does not provide sufficient
2210	2210	space for the names of all such candidates.
2211	2211	SECTION 100. 5.64 (1) (es) of the statutes is amended to read:
2212	2212	1
2213	2213	2
2214	2214	3
2215	2215	4
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2218	2218	7
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2222	2222	11
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2227	2227	16
2228	2228	17
2229	2229	18
2230	2230	19
2231	2231	20
2232	2232	21
2233	2233	22
2234	2234	23
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2236	2236	JK:cdc
2237	2237	SECTION 100 SENATE BILL 834
2238	2238	5.64 (1) (es) The party candidates shall be arranged consecutively from top to
2239	2239	bottom based on the number of votes received by their party's candidate for governor
2240	2240	at the last election beginning with the party that received the most votes. The
2241	2241	independent president-vice president candidates shall be listed together in an order
2242	2242	drawn by lot by or under supervision of the commission secretary of state, following
2243	2243	under the party candidates. Along with the names of the independent candidates
2244	2244	shall appear the party or principle of the candidates, if any, in 5 words or less, as
2245	2245	shown on their nomination papers. Following under the independent candidates, a
2246	2246	space shall be left for writing in the names of a candidate for president and vice
2247	2247	president.
2248	2248	SECTION 101. 5.64 (2) of the statutes is amended to read:
2249	2249	5.64 (2) REFERENDUM BALLOT. (am) There shall be a separate ballot when any
2250	2250	proposed constitutional amendment or any other measure or question is submitted
2251	2251	to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise
2252	2252	statement of each question in accordance with the act or resolution directing
2253	2253	submission in the same form as prescribed by the commission secretary of state
2254	2254	under s. 7.08 (1) (a). The question may not be worded in such a manner as to require
2255	2255	a negative vote to approve a proposition or an affirmative vote to disapprove a
2256	2256	proposition. Unless otherwise expressly provided, this ballot form shall be used at
2257	2257	all elections when questions are submitted to a vote of the people.
2258	2258	(c) The official referendum ballot prescribed under this subsection shall be
2259	2259	utilized at every election, except that the format shall be altered to the extent
2260	2260	provided or required by other laws establishing or authorizing referenda to be
2261	2261	conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate
2262	2262	ballot, but more than one referendum question may appear on the same referendum
2263	2263	1
2264	2264	2
2265	2265	3
2266	2266	4
2267	2267	5
2268	2268	6
2269	2269	7
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2289	2289	JK:cdc
2290	2290	SECTION 101
2291	2291	SENATE BILL 834
2292	2292	ballot whenever the questions are numbered and all electors voting the ballot are
2293	2293	entitled to vote upon all questions appearing thereon. When more than one state
2294	2294	referendum is placed on the same ballot, the commission secretary of state shall
2295	2295	number the questions in chronological sequence. If the legislature submits questions
2296	2296	on different dates, the commission secretary of state shall number the questions
2297	2297	sequentially based on the date on which the questions are submitted by the
2298	2298	legislature. Except as authorized in s. 5.655, state and county referenda shall appear
2299	2299	on a separate ballot from municipal or special district referenda. The form of all
2300	2300	referendum ballots shall be substantially the same as that prescribed by the
2301	2301	commission secretary of state under s. 7.08 (1) (a).
2302	2302	SECTION 102. 5.655 (3) of the statutes is amended to read:
2303	2303	5.655 (3) The commission secretary of state shall prescribe notices and
2304	2304	instructions to be given to electors who use a ballot that is authorized under sub. (2)
2305	2305	in lieu of any notices and instructions that are applicable only to municipalities
2306	2306	employing separate paper ballots.
2307	2307	SECTION 103. 5.72 of the statutes is amended to read:
2308	2308	5.72 Correcting ballot errors. (1) As soon as possible after ballots are
2309	2309	delivered to the county clerk or to the municipal clerk if the municipality is preparing
2310	2310	ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a
2311	2311	state or national office or statewide referendum, the county or municipal clerk
2312	2312	preparing the ballots shall submit one copy of each ballot to the commission secretary
2313	2313	of state for review of possible errors. If the contractor preparing the ballots supplies
2314	2314	proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs
2315	2315	in lieu of actual ballots. If a voting machine ballot or other ballot combining local
2316	2316	candidates or referenda with state or national candidates or referenda is used, the
2317	2317	1
2318	2318	2
2319	2319	3
2320	2320	4
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2323	2323	7
2324	2324	8
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2329	2329	13
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2342	2342	JK:cdc
2343	2343	SECTION 103 SENATE BILL 834
2344	2344	entire ballot shall be submitted, but if ballots intended for distribution to electors are
2345	2345	used, only those ballots relating to state or national offices and statewide referenda
2346	2346	need be submitted. This subsection does not require delay of ballot distribution or
2347	2347	mailing of absentee ballots.
2348	2348	(2) The commission secretary of state shall review ballots and proof copies
2349	2349	submitted under sub. (1) and shall notify the county and municipal clerk of any error
2350	2350	as soon as possible but in no event later than 7 days after submission. The clerk is
2351	2351	not required to correct a ballot error upon receipt of notice of the error, unless ordered
2352	2352	to do so under sub. (3) or s. 5.06 (6).
2353	2353	(3) Whenever an affidavit is filed by the commission secretary of state or any
2354	2354	elector alleging an error or omission in the preparation of a ballot, the circuit court
2355	2355	for the county where the ballot is proposed to be used or its presiding judge, by order,
2356	2356	may summarily require a county or municipal clerk to correct the error, or show
2357	2357	cause why it should not be corrected and, by order, after the hearing, have the
2358	2358	correction made.
2359	2359	SECTION 104. 5.83 of the statutes is amended to read:
2360	2360	5.83 Preparation for use of voting devices; comparison of ballots.
2361	2361	Where voting devices are used at a polling place, the municipal clerk shall cause the
2362	2362	voting devices to be put in order, set, adjusted, and made ready for voting when
2363	2363	delivered to the polling place. Before the opening of the polls the inspectors shall
2364	2364	compare the ballots used in the voting devices with the sample ballots furnished and
2365	2365	see that the names, numbers, and letters thereon agree and shall certify thereto on
2366	2366	forms provided by the commission secretary of state.
2367	2367	SECTION 105. 5.87 (2) of the statutes is amended to read:
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2393	2393	JK:cdc
2394	2394	SECTION 105
2395	2395	SENATE BILL 834
2396	2396	5.87 (2) The commission secretary of state shall, by rule, prescribe uniform
2397	2397	standards for determining the validity of votes cast or attempted to be cast with each
2398	2398	electronic voting system approved for use in this state under s. 5.91. The rules shall
2399	2399	apply only to situations that may arise in which the validity of a vote or attempted
2400	2400	vote cast by an elector utilizing a particular system cannot be determined under s.
2401	2401	7.50.
2402	2402	SECTION 106. 5.905 (2) of the statutes is amended to read:
2403	2403	5.905 (2) The commission secretary of state shall determine which software
2404	2404	components of an electronic voting system it he or she considers to be necessary to
2405	2405	enable review and verification of the accuracy of the automatic tabulating equipment
2406	2406	used to record and tally the votes cast with the system. The commission secretary
2407	2407	shall require each vendor of an electronic voting system that is approved under s.
2408	2408	5.91 to place those software components in escrow with the commission secretary
2409	2409	within 90 days of the date of approval of the system and within 10 days of the date
2410	2410	of any subsequent change in the components. The commission secretary shall secure
2411	2411	and maintain those software components in strict confidence except as authorized
2412	2412	in this section. Unless authorized under this section, the commission secretary shall
2413	2413	withhold access to those software components from any person who requests access
2414	2414	under s. 19.35 (1). The secretary of state shall promulgate rules for the
2415	2415	administration of this subsection.
2416	2416	SECTION 107. 5.905 (3) of the statutes is amended to read:
2417	2417	5.905 (3) The commission secretary of state shall promulgate rules to ensure
2418	2418	the security, review, and verification of software components used with each
2419	2419	electronic voting system approved by the commission secretary. The verification
2420	2420	procedure shall include a determination that the software components correspond
2421	2421	1
2422	2422	2
2423	2423	3
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2447	2447	SECTION 107 SENATE BILL 834
2448	2448	to the instructions actually used by the system to count votes. The secretary shall
2449	2449	report all findings under this subsection to the standing legislative oversight
2450	2450	committees as soon as practicable after completion of the verification procedure.
2451	2451	SECTION 108. 5.905 (4) of the statutes is amended to read:
2452	2452	5.905 (4) If a valid petition for a recount is filed under s. 9.01 in an election at
2453	2453	which an electronic voting system was used to record and tally the votes cast, each
2454	2454	party to the recount may designate one or more persons who are authorized to receive
2455	2455	access to the software components that were used to record and tally the votes in the
2456	2456	election. The commission secretary of state shall grant access to the software
2457	2457	components to each designated person if, before receiving access, the person enters
2458	2458	into a written agreement with the commission secretary that obligates the person to
2459	2459	exercise the highest degree of reasonable care to maintain the confidentially of all
2460	2460	proprietary information to which the person is provided access, unless otherwise
2461	2461	permitted in a contract entered into under sub. (5).
2462	2462	SECTION 109. 5.91 (intro.) of the statutes is amended to read:
2463	2463	5.91 Requisites for approval of ballots, devices and equipment. (intro.)
2464	2464	No ballot, voting device, automatic tabulating equipment, or related equipment and
2465	2465	materials to be used in an electronic voting system may be utilized in this state
2466	2466	unless it is certified by the commission secretary of state. The commission secretary
2467	2467	may revoke its his or her certification of any ballot, device, equipment, or materials
2468	2468	at any time for cause. The commission secretary may certify any such voting device,
2469	2469	automatic tabulating equipment, or related equipment or materials regardless of
2470	2470	whether any such item is approved by the federal election assistance commission,
2471	2471	but the commission secretary of state may not certify any ballot, device, equipment,
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2498	2498	SECTION 109
2499	2499	SENATE BILL 834
2500	2500	or material to be used in an electronic voting system unless it fulfills the following
2501	2501	requirements:
2502	2502	SECTION 110. 5.93 of the statutes is repealed.
2503	2503	SECTION 111. 5.95 of the statutes is amended to read:
2504	2504	5.95 Elector information. The commission secretary of state shall prescribe
2505	2505	information to electors in municipalities and counties using various types of
2506	2506	electronic voting systems to be published in lieu of the information specified in s.
2507	2507	10.02 (3) in type B notices whenever the type B notice information is inapplicable.
2508	2508	SECTION 112. 6.06 of the statutes is amended to read:
2509	2509	6.06 Information for uniformed service members. The commission office
2510	2510	of the secretary of state is the agency designated by this state under 42 USC 1973ff-1
2511	2511	to provide information regarding voter registration and absentee balloting
2512	2512	procedures to absent members of the uniformed services and overseas voters with
2513	2513	respect to elections for national office.
2514	2514	SECTION 113. 6.22 (4) (d) of the statutes is amended to read:
2515	2515	6.22 (4) (d) The commission secretary of state shall prescribe the instructions
2516	2516	for marking and returning ballots and the municipal clerk shall enclose instructions
2517	2517	with each ballot and shall also enclose supplemental instructions for local elections.
2518	2518	The envelope, return envelope and instructions may not contain the name of any
2519	2519	candidate appearing on the enclosed ballots other than that of the municipal clerk
2520	2520	affixed in the fulfillment of his or her duties.
2521	2521	SECTION 114. 6.22 (6) of the statutes is amended to read:
2522	2522	6.22 (6) MILITARY ELECTOR LIST. Each municipal clerk shall keep an up-to-date
2523	2523	list of all eligible military electors who reside in the municipality in the format
2524	2524	prescribed by the commission secretary of state. The list shall contain the name,
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2551	2551	SECTION 114 SENATE BILL 834
2552	2552	latest-known military residence and military mailing address of each military
2553	2553	elector. The list shall indicate whether each elector whose name appears on the list
2554	2554	is a military elector, as defined in s. 6.34 (1), and has so certified under s. 6.865 (3m).
2555	2555	All persons over 18 years of age or who will be 18 years old prior to an election shall
2556	2556	be listed and remain on the list for the duration of their tour of duty. The list shall
2557	2557	be kept current through all possible means. Each clerk shall exercise reasonable care
2558	2558	to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk
2559	2559	shall distribute one copy of the list to the each polling place in the municipality for
2560	2560	use on election day.
2561	2561	SECTION 115. 6.24 (3) of the statutes is amended to read:
2562	2562	6.24 (3) REGISTRATION. The overseas elector shall register in the municipality
2563	2563	where he or she was last domiciled or where the overseas elector's parent was last
2564	2564	domiciled on a form prescribed by the commission secretary of state designed to
2565	2565	ascertain the elector's qualifications under this section. The commission secretary
2566	2566	shall ensure that the form is substantially similar to the original form under s. 6.33
2567	2567	(1), insofar as applicable. Registration shall be accomplished in accordance with s.
2568	2568	6.30 (4) or (5).
2569	2569	SECTION 116. 6.24 (4) (d) of the statutes is amended to read:
2570	2570	6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
2571	2571	a resident of this state under s. 6.10, who is not registered may request both a
2572	2572	registration form and an absentee ballot at the same time, and the municipal clerk
2573	2573	shall send or transmit the ballot automatically if the registration form is received
2574	2574	within the time prescribed in s. 6.28 (1). The commission secretary of state shall
2575	2575	prescribe a special certificate form for the envelope in which the absentee ballot for
2576	2576	such overseas electors is contained, which shall be substantially similar to that
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2604	2604	SECTION 116
2605	2605	SENATE BILL 834
2606	2606	provided under s. 6.87 (2). The overseas elector shall make and subscribe to the
2607	2607	special certificate form before a witness who is an adult.
2608	2608	SECTION 117. 6.24 (5) of the statutes is amended to read:
2609	2609	6.24 (5) BALLOTS. The commission secretary of state shall prescribe a special
2610	2610	ballot for use under this section whenever necessary. Official ballots prescribed for
2611	2611	use in the presidential preference primary may also be used. The ballot shall be
2612	2612	designed to comply with the requirements prescribed under ss. 5.60 (8), 5.62, and
2613	2613	5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.
2614	2614	SECTION 118. 6.24 (6) of the statutes is amended to read:
2615	2615	6.24 (6) INSTRUCTIONS AND HANDLING. The municipal clerk shall send a ballot,
2616	2616	as soon as available, to each overseas elector by whom a request has been made. The
2617	2617	commission secretary of state shall prescribe the instructions for marking and
2618	2618	returning ballots and the municipal clerk shall enclose such instructions with each
2619	2619	ballot. The envelope, return envelope, and instructions may not contain the name
2620	2620	of any candidate appearing on the enclosed ballots other than that of the municipal
2621	2621	clerk affixed in the fulfillment of his or her duties. Except as authorized in s. 6.87
2622	2622	(3), the municipal clerk shall mail the material, with sufficient postage to ensure that
2623	2623	the elector receives the ballot, unless the material qualifies for mailing free of
2624	2624	postage under federal free postage laws. If the return envelope qualifies for mailing
2625	2625	free of postage under federal free postage laws, the clerk shall affix the appropriate
2626	2626	legend required by U.S. postal regulations. Otherwise, the municipal clerk shall pay
2627	2627	the postage required for return when the ballot is mailed from within the United
2628	2628	States. If the ballot is not mailed by the overseas elector from within the United
2629	2629	States, the overseas elector shall provide return postage.
2630	2630	SECTION 119. 6.275 (1) (intro.) of the statutes is amended to read:
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2657	2657	SECTION 119 SENATE BILL 834
2658	2658	6.275 (1) (intro.) Except as provided in par. (f), no later than 30 days after each
2659	2659	primary and election at which a state or national office is filled or a statewide
2660	2660	referendum is held, including any special election, the municipal clerk or board of
2661	2661	election commissioners shall submit electronically a report to the commission
2662	2662	secretary of state and the county clerk or board of election commissioners of each
2663	2663	county in which the municipality is located specifying:
2664	2664	SECTION 120. 6.275 (1) (f) of the statutes is amended to read:
2665	2665	6.275 (1) (f) The total number of postcards sent by the municipal clerk or board
2666	2666	of election commissioners under s. 6.56 (3), the total number of such postcards
2667	2667	returned to the municipal clerk or board of election commissioners because the
2668	2668	elector did not reside at the address given on the postcard, the total number of
2669	2669	electors whose status was changed from eligible to ineligible on the registration list
2670	2670	as a result of the audit under s. 6.56 (3), and the number of individuals referred to
2671	2671	the district attorney under s. 6.56 (3). The municipal clerk or board of election
2672	2672	commissioners shall provide the information described under this paragraph to the
2673	2673	elections commission secretary of state and the county clerk or county board of
2674	2674	election commissioners at the earliest practicable time after, but no later than 90
2675	2675	days after, each primary and election at which a state or national office is filled or
2676	2676	a statewide referendum is held, including any special election. The municipal clerk
2677	2677	or board of election commissioners shall update the information described under this
2678	2678	paragraph on a monthly basis and shall submit, on a monthly basis, any such
2679	2679	updated information to the elections commission secretary of state and the county
2680	2680	clerk or county board of election commissioners.
2681	2681	SECTION 121. 6.275 (2) of the statutes is amended to read:
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2708	2708	SECTION 121
2709	2709	SENATE BILL 834
2710	2710	6.275 (2) Upon receipt of each report filed under this section, the commission
2711	2711	secretary of state shall, within 7 days of receiving the report, publish the information
2712	2712	on its Internet site the website of the secretary of state. The commission secretary
2713	2713	shall update the information published under this subsection on a monthly basis.
2714	2714	SECTION 122. 6.276 (2) of the statutes is amended to read:
2715	2715	6.276 (2) Within 30 days after each general election, each municipal clerk shall
2716	2716	transmit to the commission secretary of state a report of the number of absentee
2717	2717	ballots transmitted by the clerk to absent military electors and overseas electors for
2718	2718	that election and the combined number of those ballots that were cast by those
2719	2719	electors in that election.
2720	2720	SECTION 123. 6.276 (3) of the statutes is amended to read:
2721	2721	6.276 (3) Within 90 days after each general election, the commission secretary
2722	2722	of state shall compile the information contained in the reports received from
2723	2723	municipal clerks under sub. (2) and transmit the information to the federal Election
2724	2724	Assistance Commission.
2725	2725	SECTION 124. 6.29 (2) (am) of the statutes is amended to read:
2726	2726	6.29 (2) (am) The commission secretary of state shall provide to each municipal
2727	2727	clerk a list prepared for use at each municipal clerk's office showing the name and
2728	2728	address of each person whose name appears on the list provided by the department
2729	2729	of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election,
2730	2730	whose address is located in the municipality, and whose name does not appear on the
2731	2731	registration list for that municipality. Prior to permitting an elector to register to
2732	2732	vote under this subsection, the municipal clerk shall review the list. If the name of
2733	2733	an elector who wishes to register to vote appears on the list, the municipal clerk shall
2734	2734	inform the elector that the elector is ineligible to register to vote. If the elector
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2761	2761	SECTION 124 SENATE BILL 834
2762	2762	maintains that he or she is eligible to vote in the election, the municipal clerk shall
2763	2763	permit the elector to register to vote but shall mark the elector's registration form
2764	2764	as “ineligible to vote per Department of Corrections." If the elector wishes to vote,
2765	2765	the municipal clerk shall challenge the elector's ballot in the same manner as
2766	2766	provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
2767	2767	SECTION 125. 6.30 (4) of the statutes is amended to read:
2768	2768	6.30 (4) BY MAIL. Any eligible elector may register by mail on a form prescribed
2769	2769	by the commission secretary of state and provided by each municipality. The form
2770	2770	shall be designed to obtain the information required in s. 6.33 (1). The form shall
2771	2771	contain a certification by the elector that all statements are true and correct. The
2772	2772	form shall be prepostpaid for return when mailed at any point within the United
2773	2773	States. The form shall be available in the municipal clerk's office and may be
2774	2774	distributed by any elector of the municipality. The clerk shall mail a registration
2775	2775	form to any elector upon written or oral request.
2776	2776	SECTION 126. 6.30 (5) of the statutes is amended to read:
2777	2777	6.30 (5) BY ELECTRONIC APPLICATION. An eligible elector who holds a current and
2778	2778	valid operator's license issued under ch. 343 or a current and valid identification card
2779	2779	issued under s. 343.50 may register electronically in the manner prescribed by the
2780	2780	commission secretary of state. The commission secretary shall maintain on the
2781	2781	Internet a secure registration form that enables the elector to enter the information
2782	2782	required under s. 6.33 (1) electronically. An elector who registers electronically
2783	2783	under this subsection must authorize the commission secretary to obtain from the
2784	2784	department of transportation an electronic copy of the elector's signature, which
2785	2785	signature shall constitute an affirmance that all information provided by the elector
2786	2786	is correct and shall have the same effect as if the elector had signed the application
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2814	2814	SECTION 126
2815	2815	SENATE BILL 834
2816	2816	personally. The commission secretary of state shall include on the registration form
2817	2817	a place for the elector to give this authorization. Upon submittal of the electronic
2818	2818	application, the commission secretary shall obtain from the department of
2819	2819	transportation a copy of the electronic signature of the elector. The commission
2820	2820	secretary of state shall maintain the application on file and shall notify the municipal
2821	2821	clerk or board of election commissioners of the municipality where the elector resides
2822	2822	of its receipt of each completed application. The commission secretary shall also
2823	2823	permit any elector who has a current and valid operator's license issued to the elector
2824	2824	under ch. 343 or a current and valid identification card issued under s. 343.50 to
2825	2825	make changes in his or her registration at the same Internet site website that is used
2826	2826	by electors for original registration under this subsection. An elector shall attest to
2827	2827	the correctness of any changes in the same manner as provided in this subsection for
2828	2828	information entered on an application for original registration.
2829	2829	SECTION 127. 6.32 of the statutes is amended to read:
2830	2830	6.32 Verification of certain registrations. (1) Upon receipt of a
2831	2831	registration form that is submitted by mail under s. 6.30 (4) or by electronic
2832	2832	application under s. 6.30 (5), the commission secretary of state or municipal clerk
2833	2833	shall examine the form for sufficiency.
2834	2834	(2) If the form is insufficient to accomplish registration or the commission
2835	2835	secretary or clerk knows or has reliable information that the proposed elector is not
2836	2836	qualified, the commission secretary or clerk shall notify the proposed elector within
2837	2837	5 days, if possible, and request that the elector appear at the clerk's office or another
2838	2838	registration location to complete a proper registration or substantiate the
2839	2839	information presented.
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2865	2865	SECTION 127 SENATE BILL 834
2866	2866	(3) If the form is submitted later than the close of registration, the commission
2867	2867	secretary or clerk shall make a good faith effort to notify the elector that he or she
2868	2868	may register at the clerk's office under s. 6.29 or at the proper polling place or other
2869	2869	location designated under s. 6.55 (2).
2870	2870	(4) If the form is sufficient to accomplish registration and the commission
2871	2871	secretary or clerk has no reliable information to indicate that the proposed elector
2872	2872	is not qualified, the commission secretary or clerk shall enter the elector's name on
2873	2873	the registration list and transmit a 1st class letter or postcard to the registrant,
2874	2874	specifying the elector's ward or aldermanic district, or both, if any, and polling place.
2875	2875	The letter or postcard shall be sent within 10 days of receipt of the form. If the letter
2876	2876	or postcard is returned, or if the commission secretary or clerk is informed of a
2877	2877	different address than the one specified by the elector, the commission secretary or
2878	2878	clerk shall change the status of the elector on the list from eligible to ineligible. The
2879	2879	letter or postcard shall be marked in accordance with postal regulations to ensure
2880	2880	that it will be returned to the commission secretary or clerk if the elector does not
2881	2881	reside at the address given on the letter or postcard.
2882	2882	SECTION 128. 6.33 (1) of the statutes is amended to read:
2883	2883	6.33 (1) The commission secretary of state shall prescribe the format, size, and
2884	2884	shape of registration forms. All nonelectronic forms shall be printed and each item
2885	2885	of information shall be of uniform font size, as prescribed by the commission
2886	2886	secretary. Except as otherwise provided in this subsection, electronic forms shall
2887	2887	contain the same information as nonelectronic forms. The municipal clerk shall
2888	2888	supply sufficient forms to meet voter registration needs. The commission secretary
2889	2889	of state shall design the form to obtain from each elector information as to name;
2890	2890	date; residence location; location of previous residence immediately before moving
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2918	2918	SECTION 128
2919	2919	SENATE BILL 834
2920	2920	to current residence location; citizenship; date of birth; age; the number of a current
2921	2921	and valid operator's license issued to the elector under ch. 343 or the last 4 digits of
2922	2922	the elector's social security account number; whether the elector has resided within
2923	2923	the ward or election district for the number of consecutive days specified in s. 6.02
2924	2924	(1); whether the elector has been convicted of a felony for which he or she has not been
2925	2925	pardoned, and if so, whether the elector is incarcerated, or on parole, probation, or
2926	2926	extended supervision; whether the elector is disqualified on any other ground from
2927	2927	voting; and whether the elector is currently registered to vote at any other location.
2928	2928	The commission secretary of state shall include on the nonelectronic form a space for
2929	2929	the elector's signature and on the electronic form the authorization specified under
2930	2930	s. 6.30 (5). Below the space for the signature or authorization, respectively, the
2931	2931	commission secretary shall include the following statement: “Falsification of
2932	2932	information on this form is punishable under Wisconsin law as a Class I felony." The
2933	2933	commission secretary shall include on the form a space to enter the name of any
2934	2934	inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and
2935	2935	a space for the inspector, clerk, or deputy clerk to sign his or her name, affirming that
2936	2936	the inspector, clerk, or deputy clerk has accepted the form. The commission secretary
2937	2937	shall include on the form a space for entry of the ward and aldermanic district, if any,
2938	2938	where the elector resides and any other information required to determine the offices
2939	2939	and referenda for which the elector is certified to vote. The commission secretary
2940	2940	shall also include on the form a space where the clerk may record an indication of
2941	2941	whether the form is received by mail or by electronic application, a space where the
2942	2942	clerk shall record an indication of the type of identifying document submitted by the
2943	2943	elector as proof of residence under s. 6.34 or an indication that the elector's
2944	2944	information in lieu of proof of residence was verified under s. 6.34 (2m), the name of
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2970	2970	JK:cdc
2971	2971	SECTION 128 SENATE BILL 834
2972	2972	the entity or institution that issued the identifying document, and, if the identifying
2973	2973	document includes a number that applies only to the individual holding that
2974	2974	document, that number. The commission secretary shall also include on the form a
2975	2975	space where the clerk, for any elector who possesses a valid voting identification card
2976	2976	issued to the person under s. 6.47 (3), may record the identification serial number
2977	2977	appearing on the voting identification card. Each county clerk shall obtain sufficient
2978	2978	registration forms for completion by an elector who desires to register to vote at the
2979	2979	office of the county clerk under s. 6.28 (4).
2980	2980	SECTION 129. 6.33 (5) (a) of the statutes is amended to read:
2981	2981	6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a
2982	2982	municipal clerk receives a valid registration or valid change of a name or address
2983	2983	under an existing registration or changes a registration from eligible to ineligible
2984	2984	status the municipal clerk or the clerk's designee shall promptly enter electronically
2985	2985	on the list maintained by the commission secretary of state under s. 6.36 (1) the
2986	2986	information required under that subsection.
2987	2987	2. Except as provided in par. (b) and this paragraph, whenever a municipal
2988	2988	clerk mails an absentee ballot to an elector or receives an in-person absentee ballot
2989	2989	application or an absentee ballot the municipal clerk shall, no later than 48 hours
2990	2990	after mailing an absentee ballot or receiving an in-person absentee ballot
2991	2991	application or an absentee ballot, enter electronically on the list maintained by the
2992	2992	commission secretary of state under s. 6.36 (1) the information required under that
2993	2993	subsection or submit the information to the clerk's designee who shall, no later than
2994	2994	24 hours after receiving the information from the clerk, enter electronically on the
2995	2995	list maintained by the commission secretary of state under s. 6.36 (1) the information
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3022	3022	SECTION 129
3023	3023	SENATE BILL 834
3024	3024	required under that subsection. If a deadline under this subdivision falls on a
3025	3025	Saturday or Sunday, the deadline is extended to the next business day.
3026	3026	3. Except as provided in par. (b) and this paragraph, the municipal clerk or the
3027	3027	clerk's designee shall update any entries that change on the date of an election other
3028	3028	than a general election within 30 days after the date of that election, and shall update
3029	3029	any entries that change on the date of a general election within 45 days after the date
3030	3030	of that election. The commission administrator secretary of state may, upon request
3031	3031	of a municipal clerk, permit the clerk to update entries that change on the date of a
3032	3032	general election within 60 days after that election.
3033	3033	4. The municipal clerk shall provide to the commission secretary of state
3034	3034	information that is confidential under s. 6.47 (2) in such manner as the commission
3035	3035	secretary prescribes.
3036	3036	SECTION 130. 6.33 (5) (b) of the statutes is amended to read:
3037	3037	6.33 (5) (b) The municipal clerk of any municipality may, by mutual consent,
3038	3038	designate any other municipal clerk or any county clerk as the clerk's agent to carry
3039	3039	out the functions of the municipal clerk under this section for that municipality. The
3040	3040	municipal clerk shall notify the county clerk of each county in which the municipality
3041	3041	is located and the commission secretary of state of any such designation in writing.
3042	3042	The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior
3043	3043	to the effective date of any change, discontinue the designation. If the municipal
3044	3044	clerk designates another municipal clerk or a county clerk as his or her agent, the
3045	3045	municipal clerk shall immediately forward all registration changes filed with the
3046	3046	clerk and voting record information obtained by the clerk to the clerk's agent for
3047	3047	electronic entry on the registration list.
3048	3048	SECTION 131. 6.34 (2m) of the statutes is amended to read:
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3075	3075	SECTION 131 SENATE BILL 834
3076	3076	6.34 (2m) An elector who registers by electronic application under s. 6.30 (5)
3077	3077	is not required to provide proof of residence under sub. (2) if, at the time of
3078	3078	registration, the elector provides the number of a current and valid operator's license
3079	3079	issued under ch. 343, or the number of a current and valid identification card issued
3080	3080	under s. 343.50, together with the elector's name and date of birth and the
3081	3081	commission secretary of state is able to verify the information specified under sub.
3082	3082	(3) (b) using the system maintained under sub. (4).
3083	3083	SECTION 132. 6.34 (4) of the statutes is amended to read:
3084	3084	6.34 (4) The commission secretary of state shall maintain a system that
3085	3085	electronically verifies, on an instant basis, information specified under sub. (3) (b)
3086	3086	from the information submitted in lieu of proof of residence under sub. (2m), using
3087	3087	the information maintained by the department of transportation pursuant to the
3088	3088	commission's secretary of state's agreement with the secretary of transportation
3089	3089	under s. 85.61 (1). If a prospective elector enters information specified under sub.
3090	3090	(3) (b) 2. into the system that does not match such information maintained by the
3091	3091	department of transportation, the system shall redirect the elector to the department
3092	3092	of transportation's Internet site website so that the elector may update his or her
3093	3093	information with the department of transportation.
3094	3094	SECTION 133. 6.35 (2) of the statutes is amended to read:
3095	3095	6.35 (2) The commission secretary of state shall prescribe, by rule, the
3096	3096	procedure and methods by which municipal clerks and boards of election
3097	3097	commissioners shall maintain records of registrations that are entered electronically
3098	3098	under s. 6.30 (5).
3099	3099	SECTION 134. 6.36 (1) (a) (intro.) of the statutes is amended to read:
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3124	3124	LRB-5269/2
3125	3125	JK:cdc
3126	3126	SECTION 134
3127	3127	SENATE BILL 834
3128	3128	6.36 (1) (a) (intro.) The commission secretary of state shall compile and
3129	3129	maintain electronically an official registration list. The list shall contain all of the
3130	3130	following:
3131	3131	SECTION 135. 6.36 (1) (a) 4. of the statutes is amended to read:
3132	3132	6.36 (1) (a) 4. For each elector, a unique registration identification number
3133	3133	assigned by the commission secretary of state.
3134	3134	SECTION 136. 6.36 (1) (a) 9. of the statutes is amended to read:
3135	3135	6.36 (1) (a) 9. Any information relating to the elector that appears on the
3136	3136	current list transmitted to the commission secretary of state by the department of
3137	3137	corrections under s. 301.03 (20m) containing the name of each living person who has
3138	3138	been convicted of a felony under the laws of this state and whose civil rights have not
3139	3139	been restored.
3140	3140	SECTION 137. 6.36 (1) (am) of the statutes is amended to read:
3141	3141	6.36 (1) (am) The list under par. (a) may contain such other information as may
3142	3142	be determined by the commission secretary of state to facilitate administration of
3143	3143	elector registration requirements.
3144	3144	SECTION 138. 6.36 (1) (b) 1. a. of the statutes is amended to read:
3145	3145	6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other
3146	3146	than an employee of the commission secretary of state, a county clerk, a deputy
3147	3147	county clerk, an executive director of a county board of election commissioners, a
3148	3148	deputy designated by the executive director, a municipal clerk, a deputy municipal
3149	3149	clerk, an executive director of a city board of election commissioners, or a deputy
3150	3150	designated by the executive director may view the date of birth, operator's license
3151	3151	number, or social security account number of an elector, the address of an elector to
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3177	3177	SECTION 138 SENATE BILL 834
3178	3178	whom an identification serial number is issued under s. 6.47 (3), or any indication
3179	3179	of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.
3180	3180	SECTION 139. 6.36 (1) (b) 1. b. of the statutes is amended to read:
3181	3181	6.36 (1) (b) 1. b. No person other than an employee of the commission secretary
3182	3182	of state, a municipal clerk, or an election official who is authorized by a municipal
3183	3183	clerk may make a change in the list.
3184	3184	SECTION 140. 6.36 (1) (bm) of the statutes is amended to read:
3185	3185	6.36 (1) (bm) The commission secretary of state or any municipal clerk or board
3186	3186	of election commissioners may transfer any information in the registration list to
3187	3187	which access is restricted under par. (b) 1. a. to a law enforcement agency, as defined
3188	3188	in s. 165.77 (1) (b), to be used for law enforcement purposes.
3189	3189	SECTION 141. 6.36 (1) (bn) of the statutes is amended to read:
3190	3190	6.36 (1) (bn) The commission secretary of state may transfer any information
3191	3191	in the registration list to which access is restricted under par. (b) 1. a. to a subunit
3192	3192	of the state government of another state to be used for official purposes.
3193	3193	SECTION 142. 6.36 (1) (d) of the statutes is amended to read:
3194	3194	6.36 (1) (d) Upon receipt of official notification by the appropriate election
3195	3195	administrative authority of another state, territory, or possession that an elector
3196	3196	whose name appears on the list has registered to vote in that state, territory, or
3197	3197	possession, the commission secretary of state or the municipal clerk of the
3198	3198	municipality where the elector formerly resided shall change the elector's
3199	3199	registration from eligible to ineligible status.
3200	3200	SECTION 143. 6.36 (1) (e) of the statutes is amended to read:
3201	3201	6.36 (1) (e) If the commission secretary of state adds the name of any elector
3202	3202	to the list, the commission secretary shall promptly notify the municipal clerk of the
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3229	3229	JK:cdc
3230	3230	SECTION 143
3231	3231	SENATE BILL 834
3232	3232	municipality where the elector resides. If the commission secretary changes the
3233	3233	registration of any elector from eligible to ineligible status, the commission secretary
3234	3234	shall promptly notify the municipal clerk of the municipality where the elector
3235	3235	resides or, if the elector has changed his or her residence from one municipality to
3236	3236	another municipality in this state, shall promptly notify the municipal clerk of the
3237	3237	municipality where the elector resided prior to the change. Notification shall be
3238	3238	made in writing or by electronic transmission. If the commission secretary changes
3239	3239	the registration of any elector from eligible to ineligible status, the commission
3240	3240	secretary shall make an entry on the list giving the date of and the reason for the
3241	3241	change.
3242	3242	SECTION 144. 6.36 (1) (f) of the statutes is amended to read:
3243	3243	6.36 (1) (f) The commission secretary of state shall make all reasonable efforts
3244	3244	to ensure that the list is maintained in a manner that precludes unauthorized
3245	3245	persons from making alterations to the list.
3246	3246	SECTION 145. 6.36 (2) (a) of the statutes is amended to read:
3247	3247	6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use
3248	3248	as a poll list at a polling place or for purposes of canvassing absentee ballots at an
3249	3249	election shall contain the full name and address of each registered elector; a blank
3250	3250	column for the entry of the serial number of the electors when they vote or the poll
3251	3251	list number used by the municipal board of absentee ballot canvassers in canvassing
3252	3252	absentee ballots; an indication next to the name of each elector for whom proof of
3253	3253	residence under s. 6.34 is required; a space for entry of the type of and the name of
3254	3254	the entity or institution that issued the identifying document submitted by the
3255	3255	elector as proof of residence when proof of residence under s. 6.34 is required; a space
3256	3256	for entry of the elector's signature, or if another person signed the elector's
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3283	3283	SECTION 145 SENATE BILL 834
3284	3284	registration form for the elector by reason of the elector's physical disability, the word
3285	3285	“exempt"; and a form of certificate bearing the certification of the commission
3286	3286	administrator secretary of state stating that the list is a true and complete
3287	3287	registration list of the municipality or the ward or wards for which the list is
3288	3288	prepared. The commission secretary of state shall, by rule, prescribe the space and
3289	3289	location for entry of each elector's signature on the poll list which shall provide for
3290	3290	entry of the signature without changing the orientation of the poll list from the
3291	3291	orientation used by the election officials.
3292	3292	SECTION 146. 6.36 (6) of the statutes is amended to read:
3293	3293	6.36 (6) The commission secretary of state shall establish by rule the fee for
3294	3294	obtaining a copy of the official registration list, or a portion of the list, including
3295	3295	access to the subscription service established under s. 5.05 (14) (b). The amount of
3296	3296	the fee shall be set, after consultation with county and municipal election officials,
3297	3297	at an amount estimated to cover both the cost of reproduction and the cost of
3298	3298	maintaining the list at the state and local level. The rules shall require that revenues
3299	3299	from fees received be shared between the state and municipalities or their designees
3300	3300	under s. 6.33 (5) (b), and shall specify a method for such allocation. The secretary
3301	3301	of state shall make publicly available the amount and distribution of the fees
3302	3302	received under this subsection and the method of allocation.
3303	3303	SECTION 147. 6.47 (1) (ag) of the statutes is amended to read:
3304	3304	6.47 (1) (ag) “Domestic abuse victim service provider" means an organization
3305	3305	that is certified by the department of children and families as eligible to receive
3306	3306	grants under s. 49.165 (2) and whose name is included on the list provided by the
3307	3307	commission secretary of state under s. 7.08 (10).
3308	3308	SECTION 148. 6.47 (1) (am) 2. of the statutes is amended to read:
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3334	3334	LRB-5269/2
3335	3335	JK:cdc
3336	3336	SECTION 148
3337	3337	SENATE BILL 834
3338	3338	6.47 (1) (am) 2. An individual who files an affidavit with the municipal clerk
3339	3339	of the municipality where the individual resides, on a form prescribed by the
3340	3340	commission secretary of state, that is signed by a sheriff, the chief of a police
3341	3341	department, or a district attorney or the authorized representative of a sheriff, chief,
3342	3342	or district attorney and directed to the municipal clerk, and that verifies that a
3343	3343	person has been charged with or convicted of an offense relating to domestic abuse,
3344	3344	sexual assault, or stalking in which the individual was a victim and reasonably
3345	3345	continues to be threatened by that person.
3346	3346	SECTION 149. 6.47 (1) (dm) of the statutes is amended to read:
3347	3347	6.47 (1) (dm) “Sexual assault victim service provider" means an organization
3348	3348	that is certified by the department of justice as eligible to receive grants under s.
3349	3349	165.93 (2) and whose name is included on the list provided by the commission
3350	3350	secretary of state under s. 7.08 (10).
3351	3351	SECTION 150. 6.47 (2) of the statutes is amended to read:
3352	3352	6.47 (2) Except as authorized in sub. (8), the commission secretary of state,
3353	3353	each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election
3354	3354	official shall withhold from public inspection under s. 19.35 (1) the name and address
3355	3355	of any eligible individual whose name appears on a poll list or registration list if the
3356	3356	individual provides the municipal clerk with a valid written request to protect the
3357	3357	individual's confidentiality. To be valid, a request under this subsection must be
3358	3358	accompanied by a copy of a protective order that is in effect, an affidavit under sub.
3359	3359	(1) (am) 2. that is dated within 30 days of the date of the request, confirmation from
3360	3360	the department of justice that the person is a program participant, as provided under
3361	3361	s. 165.68 (4) (c), a statement signed by the operator or an authorized agent of the
3362	3362	operator of a shelter that is dated within 30 days of the date of the request and that
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3389	3389	SECTION 150 SENATE BILL 834
3390	3390	indicates that the operator operates the shelter and that the individual making the
3391	3391	request resides in the shelter, or a statement signed by an authorized representative
3392	3392	of a domestic abuse victim service provider or a sexual assault victim service provider
3393	3393	under sub. (1) (am) 4. that is dated within 30 days of the date of the request. A
3394	3394	physically disabled individual who appears personally at the office of the municipal
3395	3395	clerk accompanied by another elector of this state may designate that elector to make
3396	3396	a request under this subsection on his or her behalf.
3397	3397	SECTION 151. 6.47 (3) of the statutes is amended to read:
3398	3398	6.47 (3) Upon receiving a valid written request from an elector under sub. (2),
3399	3399	the municipal clerk shall issue to the elector a voting identification card on a form
3400	3400	prescribed by the commission secretary of state that shall contain the name of the
3401	3401	elector's municipality of residence and, in the case of a town, the county in which the
3402	3402	town is located, the elector's name, the ward in which the elector resides, if any, and
3403	3403	a unique identification serial number issued by the commission secretary. The
3404	3404	number issued to an elector under this subsection shall not be changed for so long
3405	3405	as the elector continues to qualify for a listing under sub. (2).
3406	3406	SECTION 152. 6.50 (1) (intro.) of the statutes is amended to read:
3407	3407	6.50 (1) (intro.) No later than June 15 following each general election, the
3408	3408	commission secretary of state shall examine the registration records for each
3409	3409	municipality and identify each elector who has not voted within the previous 4 years
3410	3410	if qualified to do so during that entire period and shall mail a notice to the elector in
3411	3411	substantially the following form:
3412	3412	SECTION 153. 6.50 (2) of the statutes is amended to read:
3413	3413	6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1)
3414	3414	has not applied for continuation of registration within 30 days of the date of mailing,
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3442	3442	SECTION 153
3443	3443	SENATE BILL 834
3444	3444	the commission secretary of state shall change the registration status of that elector
3445	3445	from eligible to ineligible on the day that falls 30 days after the date of mailing.
3446	3446	SECTION 154. 6.50 (2g) of the statutes is amended to read:
3447	3447	6.50 (2g) The commission secretary of state may delegate to a municipal clerk
3448	3448	or board of election commissioners of a municipality the responsibility to change the
3449	3449	registration status of electors when required under sub. (2).
3450	3450	SECTION 155. 6.50 (2r) (intro.) of the statutes is amended to read:
3451	3451	6.50 (2r) (intro.) As soon as practicable, but no later than August 1 following
3452	3452	the completion of the process under subs. (1) and (2), the commission secretary of
3453	3453	state shall publish on its Internet site the website of the office of secretary of state
3454	3454	the following information obtained through that process:
3455	3455	SECTION 156. 6.50 (2r) (b) of the statutes is amended to read:
3456	3456	6.50 (2r) (b) The number of notices described under par. (a) that were returned
3457	3457	to the commission secretary of state as undeliverable.
3458	3458	SECTION 157. 6.50 (2r) (h) of the statutes is amended to read:
3459	3459	6.50 (2r) (h) Any other information requested by the legislature or that the
3460	3460	commission secretary of state considers relevant.
3461	3461	SECTION 158. 6.50 (7) of the statutes is amended to read:
3462	3462	6.50 (7) When an elector's registration is changed from eligible to ineligible
3463	3463	status, the commission secretary of state, municipal clerk, or board of election
3464	3464	commissioners shall make an entry on the registration list, giving the date of and
3465	3465	reason for the change.
3466	3466	SECTION 159. 6.55 (2) (a) (intro.) of the statutes is amended to read:
3467	3467	6.55 (2) (a) (intro.) Except where the procedure under par. (c) or (cm) is
3468	3468	employed, any person who qualifies as an elector in the ward or election district
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3495	3495	SECTION 159 SENATE BILL 834
3496	3496	where he or she desires to vote, but has not previously filed a registration form, or
3497	3497	was registered at another location, may request permission to vote at the polling
3498	3498	place for that ward or election district, or at an alternate polling place assigned under
3499	3499	s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person
3500	3500	to execute a registration form prescribed by the commission secretary of state. The
3501	3501	registration form shall be completed in the manner provided under s. 6.33 (2) and
3502	3502	shall contain all information required under s. 6.33 (1), together with the following
3503	3503	certification:
3504	3504	SECTION 160. 6.55 (2) (cs) of the statutes is amended to read:
3505	3505	6.55 (2) (cs) The commission secretary of state shall provide to each municipal
3506	3506	clerk a list prepared for use at each polling place showing the name and address of
3507	3507	each person whose name appears on the list provided by the department of
3508	3508	corrections under s. 301.03 (20m) as ineligible to vote on the date of the election,
3509	3509	whose address is located in the area served by that polling place, and whose name
3510	3510	does not appear on the poll list for that polling place. Prior to permitting an elector
3511	3511	to register to vote under this subsection or s. 6.86 (3) (a) 2., the inspectors or election
3512	3512	registration officials shall review the list. If the name of an elector who wishes to
3513	3513	register to vote appears on the list, the inspectors or election registration officials
3514	3514	shall inform the elector or the elector's agent that the elector is ineligible to register
3515	3515	to vote. If the elector or the elector's agent maintains that the elector is eligible to
3516	3516	vote in the election, the inspectors or election registration officials shall permit the
3517	3517	elector to register but shall mark the elector's registration form as “ineligible to vote
3518	3518	per Department of Corrections." If the elector wishes to vote, the inspectors shall
3519	3519	require the elector to vote by ballot and shall challenge the ballot as provided in s.
3520	3520	6.79 (2) (dm).
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3548	3548	SECTION 161
3549	3549	SENATE BILL 834
3550	3550	SECTION 161. 6.55 (3) (b) of the statutes is amended to read:
3551	3551	6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the
3552	3552	inspectors shall review the list provided by the commission secretary of state under
3553	3553	sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform
3554	3554	the elector that he or she is ineligible to vote at the election. If the elector maintains
3555	3555	that he or she is eligible to vote in the election, the inspectors shall permit the elector
3556	3556	to vote, but shall require the elector to vote by ballot, and shall challenge the ballot
3557	3557	as provided in s. 6.79 (2) (dm).
3558	3558	SECTION 162. 6.56 (3) of the statutes is amended to read:
3559	3559	6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of
3560	3560	election commissioners shall make an audit of all electors registering to vote at the
3561	3561	polling place or other registration location under s. 6.55 (2) and all electors
3562	3562	registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board
3563	3563	of election commissioners receives notice from the elections commission secretary of
3564	3564	state under sub. (7) that the elections commission office of the secretary of state will
3565	3565	perform the audit. The audit shall be made by 1st class postcard. The postcard shall
3566	3566	be marked in accordance with postal regulations to ensure that it will be returned
3567	3567	to the clerk, board of election commissioners, or elections commission secretary of
3568	3568	state if the elector does not reside at the address given on the postcard. If any
3569	3569	postcard is returned undelivered, or if the clerk, board of election commissioners, or
3570	3570	elections commission secretary of state is informed of a different address than the
3571	3571	one specified by the elector which was apparently improper on the day of the election,
3572	3572	the clerk, board of election commissioners, or elections commission secretary of state
3573	3573	shall change the status of the elector from eligible to ineligible on the registration
3574	3574	list, mail the elector a notice of the change in status, and provide the name of the
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3601	3601	SECTION 162 SENATE BILL 834
3602	3602	elector to the district attorney for the county where the polling place is located and
3603	3603	the elections commission secretary of state.
3604	3604	SECTION 163. 6.56 (3m) of the statutes is amended to read:
3605	3605	6.56 (3m) As soon as possible after all information relating to registrations
3606	3606	after the close of registration for an election is entered on the registration list
3607	3607	following the election under s. 6.33 (5) (a), the commission secretary of state shall
3608	3608	compare the list of new registrants whose names do not appear on the poll lists for
3609	3609	the election because the names were added after the commission secretary certified
3610	3610	the poll lists for use at the election with the list containing the names transmitted
3611	3611	to the commission secretary by the department of corrections under s. 301.03 (20m)
3612	3612	as of election day. If the commission secretary finds that the name of any person
3613	3613	whose name appears on the list transmitted under s. 301.03 (20m) has been added
3614	3614	to the registration list, the commission secretary shall enter on the list the
3615	3615	information transmitted to the commission secretary under s. 301.03 (20m) and shall
3616	3616	notify the district attorney for the county where the polling place is located that the
3617	3617	person appears to have voted illegally at the election.
3618	3618	SECTION 164. 6.56 (4) of the statutes is amended to read:
3619	3619	6.56 (4) After each election, the municipal clerk shall perform an audit to
3620	3620	assure that no person has been allowed to vote more than once. Whenever the
3621	3621	municipal clerk has good reason to believe that a person has voted more than once
3622	3622	in an election, the clerk shall send the person a 1st class letter marked in accordance
3623	3623	with postal regulations to ensure that it will be returned to the clerk if the elector
3624	3624	does not reside at the address given on the letter. The letter shall inform the person
3625	3625	that all registrations relating to that person may be changed from eligible to
3626	3626	ineligible status within 7 days unless the person contacts the office of the clerk to
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3654	3654	SECTION 164
3655	3655	SENATE BILL 834
3656	3656	clarify the matter. A copy of the letter and of any subsequent information received
3657	3657	from or about the addressee shall be sent to the district attorney for the county where
3658	3658	the person resides and the commission secretary of state.
3659	3659	SECTION 165. 6.56 (7) of the statutes is amended to read:
3660	3660	6.56 (7) The commission secretary of state may elect to perform the duties of
3661	3661	municipal clerks to conduct the audits required under subs. (3) and (4) for any
3662	3662	election on behalf of all municipalities in the state. If the commission secretary so
3663	3663	elects, the commission secretary shall, no later than the date of the election for which
3664	3664	the audits will be performed, notify the municipal clerk of each municipality that the
3665	3665	commission secretary will perform the audits.
3666	3666	SECTION 166. 6.57 of the statutes is amended to read:
3667	3667	6.57 Registration list for special elections. The municipal clerk of each
3668	3668	municipality where a special election is held nonconcurrently with a regularly
3669	3669	scheduled election shall obtain a copies of the current registration list from the
3670	3670	commission secretary of state for use in the special election.
3671	3671	SECTION 167. 6.79 (1m) of the statutes is amended to read:
3672	3672	6.79 (1m) SEPARATE POLL LISTS. The municipal clerk may elect to maintain the
3673	3673	information on the poll list manually or electronically. If the clerk elects to maintain
3674	3674	the list electronically, an election official at each election ward shall be in charge of
3675	3675	and shall maintain the poll list. The system employed to maintain the list
3676	3676	electronically is subject to the approval of the commission secretary of state. If the
3677	3677	clerk elects to maintain the information manually, 2 election officials at each election
3678	3678	ward shall be in charge of and shall maintain 2 separate poll lists.
3679	3679	SECTION 168. 6.86 (2) (a) of the statutes is amended to read:
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3705	3705	SECTION 168 SENATE BILL 834
3706	3706	6.86 (2) (a) An elector who is indefinitely confined because of age, physical
3707	3707	illness or infirmity or is disabled for an indefinite period may by signing a statement
3708	3708	to that effect require that an absentee ballot be sent to the elector automatically for
3709	3709	every election. The application form and instructions shall be prescribed by the
3710	3710	commission secretary of state, and furnished upon request to any elector by each
3711	3711	municipality. The envelope containing the absentee ballot shall be clearly marked
3712	3712	as not forwardable. If any elector is no longer indefinitely confined, the elector shall
3713	3713	so notify the municipal clerk.
3714	3714	SECTION 169. 6.86 (2m) (a) of the statutes is amended to read:
3715	3715	6.86 (2m) (a) Except as provided in this subsection, any elector other than an
3716	3716	elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may
3717	3717	by written application filed with the municipal clerk of the municipality where the
3718	3718	elector resides require that an absentee ballot be sent to the elector automatically for
3719	3719	every election that is held within the same calendar year in which the application is
3720	3720	filed. The application form and instructions shall be prescribed by the commission
3721	3721	secretary of state, and furnished upon request to any elector by each municipal clerk.
3722	3722	The municipal clerk shall thereupon mail an absentee ballot to the elector for all
3723	3723	elections that are held in the municipality during the same calendar year that the
3724	3724	application is filed, except that the clerk shall not send an absentee ballot for an
3725	3725	election if the elector's name appeared on the registration list in eligible status for
3726	3726	a previous election following the date of the application but no longer appears on the
3727	3727	list in eligible status. The municipal clerk shall ensure that any envelope containing
3728	3728	the absentee ballot is clearly marked as not forwardable. If an elector who files an
3729	3729	application under this subsection no longer resides at the same address that is
3730	3730	indicated on the application form, the elector shall so notify the municipal clerk. The
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3758	3758	SECTION 169
3759	3759	SENATE BILL 834
3760	3760	municipal clerk shall discontinue mailing absentee ballots to an elector under this
3761	3761	subsection upon receipt of reliable information that the elector no longer qualifies as
3762	3762	an elector of the municipality. In addition, the municipal clerk shall discontinue
3763	3763	mailing absentee ballots to an elector under this subsection if the elector fails to
3764	3764	return any absentee ballot mailed to the elector. The municipal clerk shall notify the
3765	3765	elector of any such action not taken at the elector's request within 5 days, if possible.
3766	3766	An elector who fails to cast an absentee ballot but who remains qualified to receive
3767	3767	absentee ballots under this subsection may then receive absentee ballots for
3768	3768	subsequent elections by notifying the municipal clerk that the elector wishes to
3769	3769	continue receiving absentee ballots for subsequent elections.
3770	3770	SECTION 170. 6.86 (3) (a) 1. of the statutes is amended to read:
3771	3771	6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
3772	3772	for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
3773	3773	for the hospitalized absent elector by presenting a form prescribed by the commission
3774	3774	secretary of state and containing the required information supplied by the
3775	3775	hospitalized elector and signed by that elector, unless the elector is unable to sign due
3776	3776	to physical disability. In this case, the elector may authorize another elector to sign
3777	3777	on his or her behalf. Any elector signing an application on another elector's behalf
3778	3778	shall attest to a statement that the application is made on request and by
3779	3779	authorization of the named elector, who is unable to sign the application due to
3780	3780	physical disability. The agent shall present this statement along with all other
3781	3781	information required under this subdivision. Except as authorized for an elector who
3782	3782	has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the
3783	3783	agent shall present any proof of identification required under sub. (1) (ar). The form
3784	3784	shall include a space for the municipal clerk or deputy clerk to enter his or her initials
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3811	3811	SECTION 170 SENATE BILL 834
3812	3812	indicating that the agent presented proof of identification to the clerk on behalf of the
3813	3813	elector.
3814	3814	SECTION 171. 6.869 of the statutes is amended to read:
3815	3815	6.869 Uniform instructions. The commission secretary of state shall
3816	3816	prescribe uniform instructions for municipalities to provide to absentee electors. The
3817	3817	instructions shall include the specific means of electronic communication that an
3818	3818	absentee elector may use to file an application for an absentee ballot and, if the
3819	3819	absentee elector is required to register, to request a registration form or change his
3820	3820	or her registration. The instructions shall include information concerning whether
3821	3821	proof of identification is required to be presented or enclosed. The instructions shall
3822	3822	also include information concerning the procedure for correcting errors in marking
3823	3823	a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the
3824	3824	extent possible, respect the privacy of each elector and preserve the confidentiality
3825	3825	of each elector's vote.
3826	3826	SECTION 172. 6.87 (3) (d) of the statutes is amended to read:
3827	3827	6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military
3828	3828	elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the
3829	3829	elector qualifies as a resident of this state under s. 6.10, of a facsimile transmission
3830	3830	number or electronic mail address where the elector can receive an absentee ballot,
3831	3831	transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of
3832	3832	mailing under this subsection. An elector may receive an absentee ballot only if the
3833	3833	elector is a military elector or an overseas elector and has filed a valid application
3834	3834	for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to
3835	3835	a military or overseas elector electronically, the clerk shall also transmit a facsimile
3836	3836	or electronic copy of the text of the material that appears on the certificate envelope
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3864	3864	SECTION 172
3865	3865	SENATE BILL 834
3866	3866	prescribed in sub. (2), together with instructions prescribed by the commission
3867	3867	secretary of state. The instructions shall require the military or overseas elector to
3868	3868	make and subscribe to the certification as required under sub. (4) (b) and to enclose
3869	3869	the absentee ballot in a separate envelope contained within a larger envelope, that
3870	3870	shall include the completed certificate. The elector shall then affix sufficient postage
3871	3871	unless the absentee ballot qualifies for mailing free of postage under federal free
3872	3872	postage laws and shall mail the absentee ballot to the municipal clerk. Except as
3873	3873	authorized in s. 6.97 (2), an absentee ballot received from a military or overseas
3874	3874	elector who receives the ballot electronically shall not be counted unless it is cast in
3875	3875	the manner prescribed in this paragraph and sub. (4) and in accordance with the
3876	3876	instructions provided by the commission secretary of state.
3877	3877	SECTION 173. 6.875 (5) of the statutes is amended to read:
3878	3878	6.875 (5) Prior to entering upon his or her duties, each individual appointed
3879	3879	to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In
3880	3880	the oath, the individual shall swear that he or she is qualified to act as a deputy under
3881	3881	this section, that he or she has read the statutes governing absentee voting, that he
3882	3882	or she understands the proper absentee voting procedure, that he or she understands
3883	3883	the penalties for noncompliance with the procedure under s. 12.13, that his or her
3884	3884	sacred obligation will be to fully and fairly implement the absentee voting law and
3885	3885	seek to have the intent of the electors ascertained. In addition, the oath shall state
3886	3886	that the individual realizes that any error in conducting the voting procedure may
3887	3887	result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual
3888	3888	realizes that absentee voting is a privilege and not a constitutional right. The form
3889	3889	of the oath shall be prescribed by the commission secretary of state.
3890	3890	SECTION 174. 6.92 (1) of the statutes is amended to read:
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3917	3917	SECTION 174 SENATE BILL 834
3918	3918	6.92 (1) Except as provided in sub. (2), each inspector shall challenge for cause
3919	3919	any person offering to vote whom the inspector knows or suspects is not a qualified
3920	3920	elector or who does not adhere to any voting requirement under this chapter. If a
3921	3921	person is challenged as unqualified by an inspector, one of the inspectors shall
3922	3922	administer the following oath or affirmation to the person: “You do solemnly swear
3923	3923	(or affirm) that you will fully and truly answer all questions put to you regarding your
3924	3924	place of residence and qualifications as an elector of this election"; and shall then ask
3925	3925	questions which are appropriate as determined by the commission secretary of state,
3926	3926	by rule, to test the person's qualifications.
3927	3927	SECTION 175. 6.925 of the statutes is amended to read:
3928	3928	6.925 Elector making challenge in person. Any elector may challenge for
3929	3929	cause any person offering to vote whom the elector knows or suspects is not a
3930	3930	qualified elector. If a person is challenged as unqualified by an elector, one of the
3931	3931	inspectors may administer the oath or affirmation to the challenged elector under s.
3932	3932	6.92 and ask the challenged elector the questions under that section which are
3933	3933	appropriate to test the elector's qualifications. In addition, one of the inspectors shall
3934	3934	administer the following oath or affirmation to the challenging elector: “You do
3935	3935	solemnly swear (or affirm) that you will fully and truly answer all questions put to
3936	3936	you regarding the challenged person's place of residence and qualifications as an
3937	3937	elector of this election"; and shall then ask questions which are appropriate as
3938	3938	determined by the commission secretary of state, by rule, to test the qualifications
3939	3939	of the challenged elector.
3940	3940	SECTION 176. 6.95 of the statutes is amended to read:
3941	3941	6.95 Voting procedure for challenged electors. Whenever the inspectors
3942	3942	under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
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3970	3970	SECTION 176
3971	3971	SENATE BILL 834
3972	3972	challenged, the inspectors shall, before giving the elector a ballot, write on the back
3973	3973	of the ballot the serial number of the challenged person corresponding to the number
3974	3974	kept at the election on the poll list, or other list maintained under s. 6.79, and the
3975	3975	notation “s. 6.95". If voting machines are used in the municipality where the person
3976	3976	is voting, the person's vote may be received only upon an absentee ballot furnished
3977	3977	by the municipal clerk which shall have the corresponding serial number from the
3978	3978	poll list or other list maintained under s. 6.79 and the notation “s. 6.95" written on
3979	3979	the back of the ballot by the inspectors before the ballot is given to the elector. The
3980	3980	inspectors shall indicate on the list the reason for the challenge. The inspectors shall
3981	3981	then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51.
3982	3982	The municipal board of canvassers may decide any challenge when making its
3983	3983	canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be
3984	3984	reviewed by the county board of canvassers. If the returns are reported under s. 7.70,
3985	3985	a challenge may be reviewed by the chairperson of the commission secretary of state
3986	3986	or the chairperson's secretary's designee. The decision of any board of canvassers or
3987	3987	of the chairperson or chairperson's secretary or secretary's designee may be appealed
3988	3988	under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to
3989	3989	determine the validity of challenged ballots.
3990	3990	SECTION 177. 6.96 of the statutes is amended to read:
3991	3991	6.96 Voting procedure for electors voting pursuant to federal court
3992	3992	order. Whenever any elector is allowed to vote at a polling place pursuant to a
3993	3993	federal court order after the closing time provided under s. 6.78, the inspectors shall,
3994	3994	before giving the elector a ballot, write on the back of the ballot the notation “s. 6.96".
3995	3995	If voting machines are used in the municipality where the elector is voting, the
3996	3996	elector's vote may be received only upon an absentee ballot furnished by the
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4023	4023	SECTION 177 SENATE BILL 834
4024	4024	municipal clerk which shall have the notation “s. 6.96" written on the back of the
4025	4025	ballot by the inspectors before the ballot is given to the elector. When receiving the
4026	4026	elector's ballot, the inspectors shall provide the elector with the written voting
4027	4027	information prescribed by the commission secretary of state under s. 7.08 (8). The
4028	4028	inspectors shall indicate on the list the fact that the elector is voting pursuant to a
4029	4029	federal court order. The inspectors shall then deposit the ballot. The ballot shall be
4030	4030	counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after
4031	4031	the ballot is counted, the appropriate board or boards of canvassers or the
4032	4032	chairperson of the commission secretary of state or his or her designee shall reopen
4033	4033	the canvass to discount any ballots that were counted pursuant to the vacated order
4034	4034	and adjust the statements, certifications, and determinations accordingly.
4035	4035	SECTION 178. 6.97 (1) of the statutes is amended to read:
4036	4036	6.97 (1) Whenever any individual who is required to provide proof of residence
4037	4037	under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
4038	4038	cannot provide the required proof of residence, the inspectors shall offer the
4039	4039	opportunity for the individual to vote under this section. Whenever any individual,
4040	4040	other than a military elector, as defined in s. 6.34 (1), an overseas elector, or an elector
4041	4041	who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and
4042	4042	does not present proof of identification under s. 6.79 (2), whenever required, the
4043	4043	inspectors or the municipal clerk shall similarly offer the opportunity for the
4044	4044	individual to vote under this section. If the individual wishes to vote, the inspectors
4045	4045	shall provide the elector with an envelope marked “Ballot under s. 6.97, stats." on
4046	4046	which the serial number of the elector is entered and shall require the individual to
4047	4047	execute on the envelope a written affirmation stating that the individual is a
4048	4048	qualified elector of the ward or election district where he or she offers to vote and is
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4076	4076	SECTION 178
4077	4077	SENATE BILL 834
4078	4078	eligible to vote in the election. The inspectors shall, before giving the elector a ballot,
4079	4079	write on the back of the ballot the serial number of the individual corresponding to
4080	4080	the number kept at the election on the poll list or other list maintained under s. 6.79
4081	4081	and the notation “s. 6.97". If voting machines are used in the municipality where the
4082	4082	individual is voting, the individual's vote may be received only upon an absentee
4083	4083	ballot furnished by the municipal clerk which shall have the corresponding number
4084	4084	from the poll list or other list maintained under s. 6.79 and the notation “s. 6.97"
4085	4085	written on the back of the ballot by the inspectors before the ballot is given to the
4086	4086	elector. When receiving the individual's ballot, the inspectors shall provide the
4087	4087	individual with written voting information prescribed by the commission secretary
4088	4088	of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the
4089	4089	individual is required to provide proof of residence or proof of identification under s.
4090	4090	6.79 (2) but did not do so. The inspectors shall notify the individual that he or she
4091	4091	may provide proof of residence or proof of identification to the municipal clerk or
4092	4092	executive director of the municipal board of election commissioners. The inspectors
4093	4093	shall also promptly notify the municipal clerk or executive director of the name,
4094	4094	address, and serial number of the individual. The inspectors shall then place the
4095	4095	ballot inside the envelope and place the envelope in a separate carrier envelope.
4096	4096	SECTION 179. 7.03 (1) (a) of the statutes is amended to read:
4097	4097	7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
4098	4098	compensation shall be paid to each inspector, voting machine custodian, automatic
4099	4099	tabulating equipment technician, member of a board of canvassers, messenger, and
4100	4100	tabulator who is employed and performing duties under chs. 5 to 12. Daily
4101	4101	compensation shall also be provided to inspectors and inspector trainees for
4102	4102	attendance at training programs conducted by the commission secretary of state and
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4129	4129	SECTION 179 SENATE BILL 834
4130	4130	municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and
4131	4131	trainees may be paid by the hour at a proportionate rate for each hour actually
4132	4132	worked. Any election official or trainee may choose to volunteer his or her services
4133	4133	by filing with the municipal clerk of the municipality in which he or she serves a
4134	4134	written declination to accept compensation. The volunteer status of the election
4135	4135	official or trainee remains effective until the official or trainee files a written
4136	4136	revocation with the municipal clerk.
4137	4137	SECTION 180. 7.03 (1) (b) of the statutes is amended to read:
4138	4138	7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be
4139	4139	paid by the municipality in which the election is held, except that any compensation
4140	4140	payable to a technician, messenger, tabulator, or member of the board of canvassers
4141	4141	who is employed to perform services for the county shall be paid by the county and
4142	4142	compensation payable to any messenger or tabulator who is employed to perform
4143	4143	services for the state shall be paid by the commission secretary of state.
4144	4144	SECTION 181. 7.03 (2) of the statutes is amended to read:
4145	4145	7.03 (2) The amount of compensation of election officials, when authorized or
4146	4146	required, shall be fixed by the appropriate county board of supervisors, municipal
4147	4147	governing body, or municipal board of election commissioners in cities over 500,000
4148	4148	population. The commission secretary of state shall fix the amount to be paid any
4149	4149	person employed to perform duties for the state. If the commission secretary of state
4150	4150	employs an individual to perform duties which are the responsibility of a county or
4151	4151	municipality, the commission secretary shall charge the expense to the county or
4152	4152	municipality.
4153	4153	SECTION 182. 7.08 (intro.) of the statutes is amended to read:
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4180	4180	SECTION 182
4181	4181	SENATE BILL 834
4182	4182	7.08 Elections commission Secretary of state. (intro.) In addition to its
4183	4183	the duties for ballot arrangement under ch. 5 and date and notice requirements
4184	4184	under ch. 10, the commission secretary of state shall:
4185	4185	SECTION 183. 7.08 (1) of the statutes is amended to read:
4186	4186	7.08 (1) ELECTION FORMS, VOTING APPARATUS. (a) Prescribe all official ballot
4187	4187	forms necessary under chs. 5 to 10 and 12 and revise the official ballot forms to
4188	4188	harmonize with legislation and the current official status of the political parties
4189	4189	whenever necessary. The commission secretary of state shall include on each ballot
4190	4190	form, in the space for official endorsement, markings or spaces for identifying a ballot
4191	4191	as an overvoted ballot, a duplicate overvoted ballot, a damaged ballot, or a duplicate
4192	4192	damaged ballot, and for writing an identifying serial number. The commission
4193	4193	secretary shall provide one copy of each ballot form without charge to each county
4194	4194	and municipal clerk and board of election commissioners. The commission secretary
4195	4195	shall distribute or arrange for distribution of additional copies. The prescribed forms
4196	4196	shall be substantially followed in all elections under chs. 5 to 10 and 12.
4197	4197	(b) Prescribe the necessary standard sample forms and ballot containers to
4198	4198	make the canvass, returns, statements and tally sheet statements for all elections
4199	4199	the results of which are reportable to the commission secretary of state under s. 7.60
4200	4200	(4) (a), and all other materials as it deems necessary to conduct the elections. The
4201	4201	sample forms shall contain the necessary certificates of the inspectors and
4202	4202	canvassers with notes explaining their use and statutory basis.
4203	4203	(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47
4204	4204	(1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a
4205	4205	statement of the penalty applicable to false or fraudulent registration or voting
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4231	4231	SECTION 183 SENATE BILL 834
4232	4232	through use of the form. Forms are not required to be furnished by the commission
4233	4233	secretary of state.
4234	4234	(d) Promulgate rules for the administration of the statutory requirements for
4235	4235	voting machines and electronic voting systems and any other voting apparatus
4236	4236	which may be introduced in this state for use at elections. Pursuant to such
4237	4237	responsibility, the commission secretary of state may obtain assistance from
4238	4238	competent persons to check the machines, systems and apparatus and approve for
4239	4239	use those types meeting the statutory requirements and shall establish reasonable
4240	4240	compensation for persons performing duties under this paragraph.
4241	4241	SECTION 184. 7.08 (2) (a) of the statutes is amended to read:
4242	4242	7.08 (2) (a) As soon as possible after the closing date for filing nomination
4243	4243	papers or after the canvass of the primary vote, but no later than the deadlines
4244	4244	established in s. 10.06, transmit to each county clerk a certified list of all candidates
4245	4245	on file in its office for which electors in that county may vote. The list shall designate
4246	4246	the order of arrangement and contain each candidate's first name, middle initial or
4247	4247	initials and last name, unless the candidate on his or her nomination papers or
4248	4248	declaration of candidacy specifies that the middle initial be deleted, that a full middle
4249	4249	name or former legal surname be substituted for the middle initial, that an initial
4250	4250	be substituted for the candidate's first name or that a nickname be substituted for
4251	4251	a first or middle name or for a first initial or middle initial or initials, but no other
4252	4252	abbreviations or titles are permitted. The list shall also include each candidate's
4253	4253	residence and post-office address; the office for which the person is a candidate; and,
4254	4254	the party or principle the candidate represents, if any, in 5 words or less. Names of
4255	4255	candidates nominated under s. 7.38 or 8.35 shall be certified by the commission
4256	4256	secretary of state upon filing of the necessary papers with it. At any time prior to an
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4284	4284	SECTION 184
4285	4285	SENATE BILL 834
4286	4286	election, the commission secretary may transmit an amended certification if a
4287	4287	candidate dies or is determined not to qualify for ballot placement.
4288	4288	SECTION 185. 7.08 (2) (d) of the statutes is amended to read:
4289	4289	7.08 (2) (d) As soon as possible after the last Tuesday in January of each year
4290	4290	in which there is a presidential election, the commission secretary of state shall
4291	4291	transmit to each county clerk a certified list of candidates for president who have
4292	4292	qualified to have their names appear on the presidential preference primary ballot.
4293	4293	SECTION 186. 7.08 (3) (intro.) of the statutes is amended to read:
4294	4294	7.08 (3) ELECTION MANUAL. (intro.) Prepare and publish separate from the
4295	4295	election laws an election manual written so as to be easily understood by the general
4296	4296	public explaining the duties of the election officials, together with notes and
4297	4297	references to the statutes as the commission secretary of state considers advisable.
4298	4298	The election manual shall:
4299	4299	SECTION 187. 7.08 (3) (a) of the statutes is amended to read:
4300	4300	7.08 (3) (a) Be compiled by the commission secretary of state.
4301	4301	SECTION 188. 7.08 (4) of the statutes is amended to read:
4302	4302	7.08 (4) ELECTION LAWS. Publish the election laws. The commission secretary
4303	4303	of state shall sell or distribute or arrange for the sale or distribution of copies of the
4304	4304	election laws to county and municipal clerks and boards of election commissioners
4305	4305	and members of the public.
4306	4306	SECTION 189. 7.08 (6) of the statutes is amended to read:
4307	4307	7.08 (6) ENFORCEMENT OF FEDERAL VOTING SYSTEM STANDARDS. Following each
4308	4308	general election, audit the performance of each voting system used in this state to
4309	4309	determine the error rate of the system in counting ballots that are validly cast by
4310	4310	electors. If the error rate exceeds the rate permitted under standards of the federal
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4337	4337	SECTION 189 SENATE BILL 834
4338	4338	election commission in effect on October 29, 2002, the commission secretary of state
4339	4339	shall take remedial action and order remedial action to be taken by affected counties
4340	4340	and municipalities to ensure compliance with the standards. Each county and
4341	4341	municipality shall comply with any order received under this subsection.
4342	4342	SECTION 190. 7.10 (1) (a) of the statutes is amended to read:
4343	4343	7.10 (1) (a) Each county clerk shall provide ballots for every election in the
4344	4344	county for all national, state and county offices, including metropolitan sewerage
4345	4345	commission elections under s. 200.09 (11) (am), for municipal judges elected under
4346	4346	s. 755.01 (4) and for state and county referenda. The official and sample ballots shall
4347	4347	be prepared in substantially the same form as those prescribed by the commission
4348	4348	secretary of state under s. 7.08 (1) (a).
4349	4349	SECTION 191. 7.10 (2) of the statutes is amended to read:
4350	4350	7.10 (2) PREPARING BALLOTS. The county clerk shall prepare copy for the official
4351	4351	ballots immediately upon receipt of the certified list of candidates' names from the
4352	4352	commission secretary of state. Names certified by the commission secretary shall be
4353	4353	arranged in the order certified. The county clerk shall place the names of all
4354	4354	candidates filed in the clerk's office or certified to the clerk by the commission
4355	4355	secretary on the proper ballot or ballots under the appropriate office and party titles.
4356	4356	The county clerk shall prepare a special ballot under s. 5.60 (8) showing only the
4357	4357	candidates in the presidential preference primary.
4358	4358	SECTION 192. 7.10 (3) (a) of the statutes is amended to read:
4359	4359	7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks
4360	4360	no later than 48 days before each partisan primary and general election and no later
4361	4361	than 22 days before each other primary and election, except that the clerk shall
4362	4362	distribute the ballots under sub. (2) for the presidential preference primary no later
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4390	4390	SECTION 192
4391	4391	SENATE BILL 834
4392	4392	48 days before the presidential preference primary. Election forms prepared by the
4393	4393	commission secretary of state shall be distributed at the same time. If the
4394	4394	commission secretary transmits an amended certification under s. 7.08 (2) (a) or if
4395	4395	the commission secretary or a court orders a ballot error to be corrected under s. 5.06
4396	4396	(6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute
4397	4397	corrected ballots to the municipal clerks as soon as possible.
4398	4398	SECTION 193. 7.10 (4) of the statutes is amended to read:
4399	4399	7.10 (4) RESOLVING NOTICE DOUBTS. When in doubt as to compliance with the
4400	4400	statutory requirements for election notices or the correct fees to be paid for them, the
4401	4401	county clerk may consult the commission secretary of state.
4402	4402	SECTION 194. 7.10 (7) of the statutes is amended to read:
4403	4403	7.10 (7) VOTER EDUCATION. Each county clerk shall assist the commission
4404	4404	secretary of state in conducting educational programs under s. 5.05 (12) to inform
4405	4405	electors about the voting process.
4406	4406	SECTION 195. 7.10 (8) of the statutes is amended to read:
4407	4407	7.10 (8) FREE ELECTION INFORMATION EXCHANGE. Each county clerk shall assist
4408	4408	the commission secretary of state and municipal clerks in maintaining toll-free
4409	4409	telephone lines and other free access systems under s. 5.05 (13) for exchange of voting
4410	4410	information.
4411	4411	SECTION 196. 7.10 (9) of the statutes is amended to read:
4412	4412	7.10 (9) TRAINING OF ELECTION OFFICIALS. Each county clerk shall assist the
4413	4413	commission secretary of state in the training of election officials under s. 5.05 (7).
4414	4414	SECTION 197. 7.10 (10) of the statutes is amended to read:
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4439	4439	SECTION 197 SENATE BILL 834
4440	4440	7.10 (10) INFORMATION TO COMMISSION SECRETARY OF STATE. Each county clerk
4441	4441	shall provide to the commission secretary of state any information requested under
4442	4442	s. 5.05 (14).
4443	4443	SECTION 198. 7.15 (1) (e) of the statutes is amended to read:
4444	4444	7.15 (1) (e) Train election officials in their duties, calling them together
4445	4445	whenever advisable, advise them of changes in laws, rules and procedures affecting
4446	4446	the performance of their duties, and administer examinations as authorized under
4447	4447	s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules
4448	4448	promulgated by the commission secretary of state under ss. 7.31 and 7.315. The clerk
4449	4449	shall assure that officials who serve at polling places where an electronic voting
4450	4450	system is used are familiar with the system and competent to instruct electors in its
4451	4451	proper use. The clerk shall inspect systematically and thoroughly the conduct of
4452	4452	elections in the municipality so that elections are honestly, efficiently and uniformly
4453	4453	conducted.
4454	4454	SECTION 199. 7.15 (1) (g) of the statutes is amended to read:
4455	4455	7.15 (1) (g) In the manner prescribed by the commission secretary of state,
4456	4456	report suspected election frauds, irregularities, or violations of which the clerk has
4457	4457	knowledge to the district attorney for the county where the suspected activity occurs
4458	4458	and to the commission secretary. The commission secretary shall annually report the
4459	4459	information obtained under this paragraph to the legislature under s. 13.172 (2).
4460	4460	SECTION 200. 7.15 (1m) of the statutes is amended to read:
4461	4461	7.15 (1m) ATTEND TRAINING. Each municipal clerk shall, at least once every 2
4462	4462	years during the period beginning on January 1 of each even-numbered year and
4463	4463	ending on December 31 of the following year, attend a training program sponsored
4464	4464	by the commission secretary of state under ss. 7.31 and 7.315.
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4492	4492	SECTION 201
4493	4493	SENATE BILL 834
4494	4494	SECTION 201. 7.15 (8) of the statutes is amended to read:
4495	4495	7.15 (8) RESOLVING NOTICE DOUBTS. When in doubt as to compliance with the
4496	4496	statutory requirements for election notices or the correct fees to be paid for them, the
4497	4497	municipal clerk may consult the commission secretary of state.
4498	4498	SECTION 202. 7.15 (9) of the statutes is amended to read:
4499	4499	7.15 (9) VOTER EDUCATION. Each municipal clerk shall assist the commission
4500	4500	secretary of state in conducting educational programs under s. 5.05 (12) to inform
4501	4501	electors about the voting process.
4502	4502	SECTION 203. 7.15 (10) of the statutes is amended to read:
4503	4503	7.15 (10) FREE ELECTION INFORMATION EXCHANGE. Each municipal clerk shall
4504	4504	assist the commission secretary of state in maintaining toll-free telephone lines and
4505	4505	any other free access systems under s. 5.05 (13) for exchange of voting information.
4506	4506	SECTION 204. 7.15 (13) of the statutes is amended to read:
4507	4507	7.15 (13) INFORMATION TO COMMISSION SECRETARY OF STATE. Each municipal clerk
4508	4508	shall provide to the commission secretary of state any information requested under
4509	4509	s. 5.05 (14).
4510	4510	SECTION 205. 7.30 (2) (c) of the statutes is amended to read:
4511	4511	7.30 (2) (c) The governing body of any municipality may require all persons
4512	4512	serving as election officials to prove their ability to read and write English and to
4513	4513	have a general knowledge of the election laws. Examinations may be given to prove
4514	4514	the qualifications can be met. The municipal clerk shall ensure that all training
4515	4515	meets the training requirements prescribed in rules promulgated by the commission
4516	4516	secretary of state under ss. 7.31 and 7.315.
4517	4517	SECTION 206. 7.30 (4) (e) of the statutes is amended to read:
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4543	4543	SECTION 206 SENATE BILL 834
4544	4544	7.30 (4) (e) If an appointing authority believes that, for good cause, it should
4545	4545	not appoint an individual whose name is submitted as a first choice nominee under
4546	4546	par. (b), it may request the commission secretary of state to authorize
4547	4547	nonappointment. The commission secretary may permit nonappointment of an
4548	4548	individual for cause demonstrated by an appointing authority.
4549	4549	SECTION 207. 7.30 (6) (b) of the statutes is amended to read:
4550	4550	7.30 (6) (b) Prior to the first election following the appointment of the
4551	4551	inspectors, the municipal clerk shall appoint one of the inspectors at each polling
4552	4552	place, other than an inspector who is appointed under sub. (1) (b), to serve as chief
4553	4553	inspector. No person may serve as chief inspector at any election who is not certified
4554	4554	by the commission secretary of state under s. 7.31 at the time of the election. The
4555	4555	chief inspector shall hold the position for the remainder of the term unless the
4556	4556	inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31,
4557	4557	except that whenever wards are combined or separated under s. 5.15 (6) (b), the
4558	4558	municipal clerk shall appoint another inspector who is certified under s. 7.31 to serve
4559	4559	as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy
4560	4560	occurs in the position of chief inspector at any polling place, the municipal clerk shall
4561	4561	appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.
4562	4562	SECTION 208. 7.31 of the statutes is amended to read:
4563	4563	7.31 Training and certification of chief inspectors. (1) The commission
4564	4564	secretary of state shall establish requirements for certification of individuals to serve
4565	4565	as chief inspectors. The requirements shall include a requirement to attend at least
4566	4566	one training session held under sub. (5) before beginning service.
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4592	4592	SECTION 208
4593	4593	SENATE BILL 834
4594	4594	(2) No individual may serve as a chief inspector at a polling place in an election
4595	4595	unless the individual is certified by the commission secretary of state to hold that
4596	4596	office on the date of the election at which the individual serves.
4597	4597	(3) The commission secretary of state shall, upon application, issue certificates
4598	4598	to qualified individuals who meet the requirements to be certified as chief inspectors.
4599	4599	Each certificate shall carry an expiration date.
4600	4600	(4) The commission secretary of state shall require each individual to whom
4601	4601	a certificate is issued under this section to meet requirements to maintain that
4602	4602	certification. The requirements shall include a requirement to attend at least one
4603	4603	training session held under sub. (5) every 2 years during the period beginning on
4604	4604	January 1 of each even-numbered year and ending on December 31 of the following
4605	4605	year. The commission secretary shall renew the certificate of any individual who
4606	4606	requests renewal and who meets the requirements prescribed under this subsection.
4607	4607	(5) The commission secretary of state shall conduct regular training programs
4608	4608	to ensure that individuals who are certified by the commission secretary under this
4609	4609	section are knowledgeable concerning their authority and responsibilities. The
4610	4610	commission secretary shall pay all costs required to conduct the training programs
4611	4611	from the appropriation under s. 20.510 (1) 20.575 (2) (bm).
4612	4612	SECTION 209. 7.315 (1) (a) of the statutes is amended to read:
4613	4613	7.315 (1) (a) The commission secretary of state shall, by rule, prescribe the
4614	4614	contents of the training that municipal clerks must provide to inspectors, other than
4615	4615	chief inspectors, and to special voting deputies appointed under s. 6.875.
4616	4616	SECTION 210. 7.315 (2) of the statutes is amended to read:
4617	4617	7.315 (2) The commission secretary of state shall, by rule, prescribe
4618	4618	requirements for, and the content of, training required of municipal clerks under s.
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4645	4645	SECTION 210 SENATE BILL 834
4646	4646	7.15 (1m). The commission secretary may provide such training directly or arrange
4647	4647	for such training to be provided by other organizations. The rules shall provide a
4648	4648	method for notifying the relevant municipal governing body if a municipal clerk fails
4649	4649	to attend required training.
4650	4650	SECTION 211. 7.315 (3) of the statutes is amended to read:
4651	4651	7.315 (3) The commission secretary of state may produce and periodically
4652	4652	reissue as necessary a video program for the purpose of training election officials,
4653	4653	including special voting deputies and election registration officials. The commission
4654	4654	secretary shall make any such program available for viewing electronically through
4655	4655	an Internet-based system.
4656	4656	SECTION 212. 7.38 (5) of the statutes is amended to read:
4657	4657	7.38 (5) In the event of failure to file the name of a current state chairperson,
4658	4658	as required under s. 8.17 (12), the commission secretary of state may not recognize
4659	4659	the state committee for the purpose of filling vacancies under sub. (1).
4660	4660	SECTION 213. 7.41 (5) of the statutes is repealed.
4661	4661	SECTION 214. 7.52 (1) (a) of the statutes is amended to read:
4662	4662	7.52 (1) (a) The governing body of any municipality may provide by ordinance
4663	4663	that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
4664	4664	municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
4665	4665	at each election held in the municipality, canvass all absentee ballots received by the
4666	4666	municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
4667	4667	subsection, the municipal clerk or board of election commissioners of the
4668	4668	municipality shall notify the elections commission secretary of state in writing of the
4669	4669	proposed enactment and shall consult with the elections commission secretary
4670	4670	concerning administration of this section. At every election held in the municipality
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4698	4698	SECTION 214
4699	4699	SENATE BILL 834
4700	4700	following enactment of an ordinance under this subsection, the board of absentee
4701	4701	ballot canvassers shall, any time after the opening of the polls and before 10 p.m. on
4702	4702	election day, publicly convene to count the absentee ballots for the municipality. The
4703	4703	municipal clerk shall give at least 48 hours' notice of any meeting under this
4704	4704	subsection. Any member of the public has the same right of access to a meeting of
4705	4705	the municipal board of absentee ballot canvassers under this subsection that the
4706	4706	individual would have under s. 7.41 to observe the proceedings at a polling place. The
4707	4707	board of absentee ballot canvassers may order the removal of any individual
4708	4708	exercising the right to observe the proceedings if the individual disrupts the meeting.
4709	4709	SECTION 215. 7.60 (4) (a) of the statutes is amended to read:
4710	4710	7.60 (4) (a) The board of canvassers shall make separate duplicate statements
4711	4711	showing the numbers of votes cast for the offices of president and vice president; state
4712	4712	officials; U.S. senators and representatives in congress; state legislators; justice;
4713	4713	court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
4714	4714	commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
4715	4715	municipal judge elected under s. 755.01 (4) serves a municipality that is located
4716	4716	partially within the county and candidates for that judgeship file nomination papers
4717	4717	in another county, the board of canvassers shall prepare a duplicate statement
4718	4718	showing the numbers of votes cast for that judgeship in that county for transmittal
4719	4719	to the other county. For partisan candidates, the statements shall include the
4720	4720	political party or principle designation, if any, next to the name of each candidate.
4721	4721	The board of canvassers shall also prepare a statement showing the results of any
4722	4722	county, technical college district, or statewide referendum. Each statement shall
4723	4723	state the total number of votes cast in the county for each office; the names of all
4724	4724	persons for whom the votes were cast, as returned; the number of votes cast for each
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4751	4751	SECTION 215 SENATE BILL 834
4752	4752	person; and the number of votes cast for and against any question submitted at a
4753	4753	referendum. The board of canvassers shall use one copy of each duplicate statement
4754	4754	to report to the elections commission secretary of state, technical college district
4755	4755	board, or board of canvassers of any other county and shall file the other statement
4756	4756	in the office of the county clerk or board of election commissioners.
4757	4757	SECTION 216. 7.60 (5) of the statutes is amended to read:
4758	4758	7.60 (5) REPORTING. (a) Immediately following the canvass, the county clerk
4759	4759	shall deliver or transmit to the elections commission secretary of state a certified
4760	4760	copy of each statement of the county board of canvassers for president and vice
4761	4761	president, state officials, senators and representatives in congress, state legislators,
4762	4762	justice, court of appeals judge, circuit judge, district attorney, and metropolitan
4763	4763	sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am).
4764	4764	The statement shall record the returns for each office or referendum by ward, unless
4765	4765	combined returns are authorized under s. 5.15 (6) (b) in which case the statement
4766	4766	shall record the returns for each group of combined wards. Following primaries the
4767	4767	county clerk shall enclose on forms prescribed by the elections commission secretary
4768	4768	of state the names, party or principle designation, if any, and number of votes
4769	4769	received by each candidate recorded in the same manner. The county clerk shall
4770	4770	deliver or transmit the certified statement to the elections commission secretary of
4771	4771	state no later than 9 days after each primary except the partisan primary, no later
4772	4772	than 10 days after the partisan primary and any other election except the general
4773	4773	election, and no later than 14 days after the general election. The board of canvassers
4774	4774	shall deliver or transmit a certified copy of each statement for any technical college
4775	4775	district referendum to the secretary of the technical college district board.
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4802	4802	SECTION 216
4803	4803	SENATE BILL 834
4804	4804	(b) If the board of canvassers becomes aware of a material mistake in the
4805	4805	canvass of an election for state or national office or a statewide or technical college
4806	4806	district referendum prior to the close of business on the day the elections commission
4807	4807	secretary of state receives returns from the last county board of canvassers with
4808	4808	respect to that canvass, the board of canvassers may petition the elections
4809	4809	commission secretary of state to reopen and correct the canvass. The elections
4810	4810	commission secretary of state shall direct the canvass to be reopened and corrected
4811	4811	if it the secretary determines that the public interest so requires. If the elections
4812	4812	commission secretary of state directs the canvass to be reopened, the board of
4813	4813	canvassers shall reconvene and transmit a certified corrected copy of the canvass
4814	4814	statement to the elections commission secretary of state or secretary of the technical
4815	4815	college district board.
4816	4816	SECTION 217. 7.70 (1) of the statutes is amended to read:
4817	4817	7.70 (1) RECORDING AND PRESERVING RETURNS. (a) Upon receipt of the certified
4818	4818	statements from the county clerks, the commission secretary of state shall record the
4819	4819	election results by counties and file and carefully preserve the statements.
4820	4820	(b) If any county clerk fails or neglects to forward any statements, the
4821	4821	commission secretary of state may require the clerk to do so immediately and if not
4822	4822	received by the 8th day after a primary, or by the 11th day after any other election,
4823	4823	the commission secretary of state may dispatch a special messenger to obtain them.
4824	4824	Whenever it appears upon the face of any statement that an error has been made in
4825	4825	reporting or computing, the commission secretary of state may return it to the county
4826	4826	clerk for correction.
4827	4827	SECTION 218. 7.70 (3) (a), (b), (c), (d), (e), (g), (h) and (i) of the statutes are
4828	4828	amended to read:
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4855	4855	SECTION 218 SENATE BILL 834
4856	4856	7.70 (3) (a) The chairperson of the commission secretary of state or a designee
4857	4857	of the chairperson secretary of state appointed by the chairperson secretary to
4858	4858	canvass a specific election shall publicly canvass the returns and make his or her
4859	4859	certifications and determinations on or before the 2nd Tuesday following a spring
4860	4860	primary, the 15th day of May following a spring election, the 3rd Wednesday
4861	4861	following a partisan primary, the first day of December following a general election,
4862	4862	the 2nd Thursday following a special primary, or within 18 days after any special
4863	4863	election.
4864	4864	(b) The commission chairperson secretary of state or the chairperson's
4865	4865	secretary's designee shall examine the certified statements of the county boards of
4866	4866	canvassers. If it appears that any material mistake has been made in the
4867	4867	computation of votes, or any county board of canvassers failed to canvass the votes
4868	4868	or omitted votes from any ward or election district in the county, the commission
4869	4869	chairperson secretary of state or the chairperson's secretary's designee may dispatch
4870	4870	a messenger to the county clerk with written instructions to certify the facts
4871	4871	concerning the mistake or the reason why the votes were not canvassed. A clerk to
4872	4872	whom such instructions are delivered shall immediately make a true and full
4873	4873	answer, sign it, affix the county seal and deliver it to the messenger. The messenger
4874	4874	shall deliver it with all possible dispatch to the commission secretary of state.
4875	4875	(c) The chairperson of the commission secretary of state or the chairperson's
4876	4876	secretary's designee shall conclude the state canvass within 10 days after its
4877	4877	commencement.
4878	4878	(d) When the certified statements and returns are received, the chairperson of
4879	4879	the commission secretary of state or the chairperson's secretary's designee shall
4880	4880	proceed to examine and make a statement of the total number of votes cast at any
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4908	4908	SECTION 218
4909	4909	SENATE BILL 834
4910	4910	election for the offices involved in the election for president and vice president; a
4911	4911	statement for each of the offices of governor, lieutenant governor, if a primary, and
4912	4912	a joint statement for the offices of governor and lieutenant governor, if a general
4913	4913	election; a statement for each of the offices of secretary of state, state treasurer,
4914	4914	attorney general, and state superintendent; for U.S. senator; representative in
4915	4915	congress for each congressional district; the state legislature; justice; court of appeals
4916	4916	judge; circuit judge; district attorney; metropolitan sewerage commission, if the
4917	4917	commissioners are elected under s. 200.09 (11) (am); and for any referenda questions
4918	4918	submitted by the legislature.
4919	4919	(e) The chairperson of the commission secretary of state or the chairperson's
4920	4920	secretary's designee shall make a special statement to the commission as soon as
4921	4921	possible after the canvass of the general election certifying the name of each political
4922	4922	party which receives at least one 1 percent of the vote cast in such election for any
4923	4923	statewide office.
4924	4924	(g) Following each primary election, the chairperson of the commission
4925	4925	secretary of state or the chairperson's secretary's designee shall prepare a statement
4926	4926	certifying the results of the primary, which shall indicate the names of the persons
4927	4927	who have won nomination to any state or national office. Following each other
4928	4928	election, the chairperson of the commission secretary of state or the chairperson's
4929	4929	secretary's designee shall prepare a statement certifying the results of the election
4930	4930	and shall attach to the statement a certificate of determination which shall indicate
4931	4931	the names of persons who have been elected to any state or national office. The
4932	4932	chairperson of the commission secretary of state or the chairperson's secretary's
4933	4933	designee shall likewise prepare a statement and certificate for any statewide
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4959	4959	SECTION 218 SENATE BILL 834
4960	4960	referendum. The chairperson of the commission or the chairperson's designee shall
4961	4961	deliver each statement and determination to the commission.
4962	4962	(h) Whenever a referendum question submitted to a vote of the people is
4963	4963	approved, the commission secretary of state shall record it and the secretary of state
4964	4964	legislative reference bureau shall have the record bound in the volume containing
4965	4965	the original enrolled laws passed at the next succeeding session of the legislature and
4966	4966	have the record published with the laws thereof. Whenever a constitutional
4967	4967	amendment or other statewide validating or ratifying referendum question which is
4968	4968	approved by the people does not expressly state the date of effectiveness, it shall
4969	4969	become effective at the time the chairperson of the commission secretary of state or
4970	4970	the chairperson's secretary's designee certifies that the amendment or referendum
4971	4971	question is approved.
4972	4972	(i) The commission chairperson secretary of state or the chairperson's
4973	4973	secretary's designee shall canvass only regular returns made by the county board of
4974	4974	canvassers and shall not count or canvass any additional or supplemental returns
4975	4975	or statements made by the county board or any other board or person. The
4976	4976	commission chairperson secretary of state or the chairperson's secretary's designee
4977	4977	shall not count or canvass any statement or return which has been made by the
4978	4978	county board of canvassers at any other time than that provided in s. 7.60. This
4979	4979	provision does not apply to any return made subsequent to a recount under s. 9.01,
4980	4980	when the return is accepted in lieu of any prior return from the same county for the
4981	4981	same office; or to a statement given to the commission chairperson secretary of state
4982	4982	or chairperson's the secretary's designee or a messenger sent by the chairperson
4983	4983	secretary or designee to obtain a correction.
4984	4984	SECTION 219. 7.70 (5) of the statutes is amended to read:
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5012	5012	SECTION 219
5013	5013	SENATE BILL 834
5014	5014	7.70 (5) CERTIFICATES OF ELECTION. (a) The commission secretary of state shall
5015	5015	record in its the secretary's office each certified statement and determination made
5016	5016	by the commission chairperson secretary or the chairperson's secretary's designee.
5017	5017	Immediately after the expiration of the time allowed to file a petition for recount, the
5018	5018	commission secretary of state shall make and transmit to each person declared
5019	5019	elected a certificate of election under the seal of the commission secretary of state,
5020	5020	except that the commission secretary need not wait until expiration of the time
5021	5021	allowed to file a petition for recount if there is no aggrieved party, as defined in s. 9.01
5022	5022	(1) (a) 5. It The secretary of state shall also prepare similar certificates, attested by
5023	5023	the commission administrator secretary, addressed to the U.S. house of
5024	5024	representatives, stating the names of those persons elected as representatives to the
5025	5025	congress from this state. In the case of U.S. senators, the commission secretary of
5026	5026	state shall prepare and sign a certificate of election for the governor's signature, and
5027	5027	the governor shall sign and affix the great seal of the state and transmit the
5028	5028	certificate to the president of the U.S. senate. The certificate shall be countersigned
5029	5029	by the secretary of state. If a person elected was elected to fill a vacancy, the
5030	5030	certificate shall so indicate. When a valid petition for recount is filed, the commission
5031	5031	chairperson secretary of state or the chairperson's secretary's designee may not
5032	5032	certify a nomination, and the governor or commission secretary of state may not issue
5033	5033	a certificate of election until the recount has been completed and the time allowed
5034	5034	for filing an appeal has passed, or if appealed until the appeal is decided.
5035	5035	(b) For presidential electors, the commission secretary of state shall prepare
5036	5036	a certificate showing the determination of the results of the canvass and the names
5037	5037	of the persons elected, and the governor shall sign, affix the great seal of the state,
5038	5038	and transmit the certificate by registered mail to the U.S. administrator of general
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5065	5065	SECTION 219 SENATE BILL 834
5066	5066	services. The governor shall also prepare 6 duplicate originals of such certificate and
5067	5067	deliver them to one of the presidential electors on or before the first Monday after the
5068	5068	2nd Wednesday in December.
5069	5069	SECTION 220. 8.07 of the statutes is amended to read:
5070	5070	8.07 Validity of nomination papers. The commission secretary of state shall
5071	5071	promulgate rules under this chapter for use by election officials in determining the
5072	5072	validity of nomination papers and signatures thereon.
5073	5073	SECTION 221. 8.10 (6) (a) of the statutes is amended to read:
5074	5074	8.10 (6) (a) For state offices or seats on a metropolitan sewerage commission,
5075	5075	if the commissioners are elected under s. 200.09 (11) (am), in the office of the elections
5076	5076	commission secretary of state.
5077	5077	SECTION 222. 8.12 (1) of the statutes is amended to read:
5078	5078	8.12 (1) SELECTION OF NAMES FOR BALLOT. (a) No later than 5 p.m. on the 2nd
5079	5079	Tuesday in December of the year before each year in which electors for president and
5080	5080	vice president are to be elected, the state chairperson of each recognized political
5081	5081	party listed on the official ballot at the last gubernatorial election whose candidate
5082	5082	for governor received at least 10 percent of the total votes cast for that office may
5083	5083	certify to the commission secretary of state that the party will participate in the
5084	5084	presidential preference primary. For each party filing such a certification, the voters
5085	5085	of this state shall at the spring election be given an opportunity to express their
5086	5086	preference for the person to be the presidential candidate of that party.
5087	5087	(b) On the first Tuesday in January of each year, or the next day if Tuesday is
5088	5088	a holiday, in which electors for president and vice president are to be elected, there
5089	5089	shall be convened in the capitol a committee consisting of, for each party filing a
5090	5090	certification under this subsection, the state chairperson of that state party
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5118	5118	SECTION 222
5119	5119	SENATE BILL 834
5120	5120	organization or the chairperson's designee, one national committeeman and one
5121	5121	national committeewoman designated by the state chairperson; the speaker and the
5122	5122	minority leader of the assembly or their designees, and the president and the
5123	5123	minority leader of the senate or their designees. All designations shall be made in
5124	5124	writing to the commission secretary of state. This committee shall organize by
5125	5125	selecting an additional member who shall be the chairperson and shall determine,
5126	5126	and certify to the commission secretary of state, no later than on the Friday following
5127	5127	the date on which the committee convenes under this paragraph, the names of all
5128	5128	candidates of the political parties represented on the committee for the office of
5129	5129	president of the United States. The committee shall place the names of all
5130	5130	candidates whose candidacy is generally advocated or recognized in the national
5131	5131	news media throughout the United States on the ballot, and may, in addition, place
5132	5132	the names of other candidates on the ballot. The committee shall have sole discretion
5133	5133	to determine that a candidacy is generally advocated or recognized in the national
5134	5134	news media throughout the United States.
5135	5135	(c) No later than 5 p.m. on the last Tuesday in January of each presidential
5136	5136	election year, any person seeking the nomination by the national convention of a
5137	5137	political party filing a certification under this subsection for the office of president
5138	5138	of the United States, or any committee organized in this state on behalf of and with
5139	5139	the consent of such person, may submit to the commission secretary of state a
5140	5140	petition to have the person's name appear on the presidential preference ballot. The
5141	5141	petition may be circulated no sooner than the first Tuesday in January of such year,
5142	5142	or the next day if Tuesday is a holiday, and shall be signed by a number of qualified
5143	5143	electors equal in each congressional district to not less than 1,000 signatures nor
5144	5144	more than 1,500 signatures. The form of the petition shall conform to the
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5171	5171	SECTION 222 SENATE BILL 834
5172	5172	requirements of s. 8.40. All signers on each separate petition paper shall reside in
5173	5173	the same congressional district.
5174	5174	(d) The commission secretary of state shall forthwith contact each person
5175	5175	whose name has been placed in nomination under par. (b) and notify him or her that
5176	5176	his or her name will appear on the Wisconsin presidential preference ballot unless
5177	5177	he or she files, no later than 5 p.m. on the last Tuesday in January of such year, with
5178	5178	the commission secretary of state, a disclaimer stating without qualification that he
5179	5179	or she is not and does not intend to become a candidate for the office of president of
5180	5180	the United States at the forthcoming presidential election. The disclaimer may be
5181	5181	filed with the commission secretary by certified mail, telegram, or in person.
5182	5182	SECTION 223. 8.12 (2) of the statutes is amended to read:
5183	5183	8.12 (2) BALLOTS. The form of the official ballots shall be prescribed by the
5184	5184	commission secretary of state. The ballot shall provide to an elector the opportunity
5185	5185	to vote for an uninstructed delegation to represent this state at the presidential
5186	5186	nominating convention of his or her party, or to write in the name of a candidate for
5187	5187	the presidential nomination of his or her party.
5188	5188	SECTION 224. 8.12 (3) of the statutes is amended to read:
5189	5189	8.12 (3) REPORTING OF RESULTS. No later than May 15 following the presidential
5190	5190	preference primary, the commission secretary of state shall notify each state party
5191	5191	organization chairperson under sub. (1) (b) of the results of the presidential
5192	5192	preference primary within the state and within each congressional district.
5193	5193	SECTION 225. 8.15 (8) (a) of the statutes is amended to read:
5194	5194	8.15 (8) (a) For state offices and the offices of U.S. senator and representative
5195	5195	in congress, in the office of the commission secretary of state.
5196	5196	SECTION 226. 8.16 (2) (b) of the statutes is amended to read:
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5224	5224	SECTION 226
5225	5225	SENATE BILL 834
5226	5226	8.16 (2) (b) If the person is a candidate for state office, the person files a
5227	5227	statement of economic interests under s. 19.43 (4), no later than 4:30 p.m. on the 3rd
5228	5228	day after notification of nomination is mailed or personally delivered to the person
5229	5229	by the commission secretary of state; and
5230	5230	SECTION 227. 8.16 (7) of the statutes is amended to read:
5231	5231	8.16 (7) Nominees chosen at a national convention and under s. 8.18 (2) by each
5232	5232	party entitled to a partisan primary ballot shall be the party's candidates for
5233	5233	president, vice president and presidential electors. The state or national chairperson
5234	5234	of each such party shall certify the names of the party's nominees for president and
5235	5235	vice president to the commission secretary of state no later than 5 p.m. on the first
5236	5236	Tuesday in September preceding a presidential election. Each name shall be in one
5237	5237	of the formats authorized in s. 7.08 (2) (a).
5238	5238	SECTION 228. 8.17 (9) (a) of the statutes is amended to read:
5239	5239	8.17 (9) (a) If a county has no committee as provided by sub. (5) (a), residents
5240	5240	of that county may voluntarily form a committee, which, upon approval of the state
5241	5241	committee and certification by the secretary of the state committee to the
5242	5242	commission secretary of state and the county clerk or board of election
5243	5243	commissioners, shall then become the county committee with equal standing as if it
5244	5244	had been organized under sub. (5) (a). This standing shall remain unless and until
5245	5245	a committee is organized under sub. (5) (a).
5246	5246	SECTION 229. 8.17 (12) of the statutes is amended to read:
5247	5247	8.17 (12) The secretary of the state committee of each recognized political party
5248	5248	under s. 5.62 (1) (b) or (2) shall notify the commission secretary of state in writing
5249	5249	of the name and address of the elected state committee chairperson within 10 days
5250	5250	of his or her election.
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5277	5277	SECTION 230 SENATE BILL 834
5278	5278	SECTION 230. 8.18 (2) of the statutes is amended to read:
5279	5279	8.18 (2) The purpose of the convention is to nominate one presidential elector
5280	5280	from each congressional district and 2 electors from the state at large. The names
5281	5281	of the nominees shall be certified immediately by the chairperson of the state
5282	5282	committee of each party to the chairperson of the commission secretary of state.
5283	5283	SECTION 231. 8.185 (1) of the statutes is amended to read:
5284	5284	8.185 (1) The names of candidates for president and vice president may be
5285	5285	written in, in the place provided, on the general ballot at the general election for
5286	5286	choosing the president and vice president of the United States. Write-in votes shall
5287	5287	be listed as scattering unless the person whose name is written in has a list of
5288	5288	presidential electors on file with the commission secretary of state in accordance
5289	5289	with this section or unless the person whose name is written in has received more
5290	5290	than 10 percent of the total vote cast in the ward, or in the municipality if not divided
5291	5291	into wards.
5292	5292	SECTION 232. 8.185 (2) of the statutes is amended to read:
5293	5293	8.185 (2) Any candidates for the office of president and vice president of the
5294	5294	United States as write-in candidates shall file a list of presidential electors and a
5295	5295	declaration of candidacy in the manner prescribed in s. 8.21 with the commission
5296	5296	secretary of state no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the
5297	5297	general election to choose the president and vice president of the United States. The
5298	5298	list shall contain one presidential elector from each congressional district and 2
5299	5299	electors from the state at large and the names of the candidates for president and vice
5300	5300	president for whom they intend to vote, if elected. Compliance with this subsection
5301	5301	may be waived by the commission secretary of state but only if the results of the
5302	5302	general election indicate that a write-in candidate for the office of president is
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5330	5330	SECTION 232
5331	5331	SENATE BILL 834
5332	5332	eligible to receive the electoral votes of this state except for noncompliance with this
5333	5333	subsection. In such event, the write-in candidate shall have until 4:30 p.m. on the
5334	5334	Friday following the general election to comply with the filing requirements of this
5335	5335	subsection.
5336	5336	SECTION 233. 8.185 (3) of the statutes is amended to read:
5337	5337	8.185 (3) If more than one list of presidential electors is filed with the
5338	5338	commission secretary of state by any write-in candidates for the offices of president
5339	5339	and vice president of the United States, the first list filed shall be considered the valid
5340	5340	list, provided that this list meets the additional requirements of this section.
5341	5341	SECTION 234. 8.19 (1) of the statutes is amended to read:
5342	5342	8.19 (1) The state committee of any party polling less than 75,000 presidential
5343	5343	votes in this state in the last election may change the name of the party. The new
5344	5344	name may not duplicate that of an existing national party. A certificate of approval
5345	5345	by the party's national committee which has been certified by the national committee
5346	5346	secretary, the state committee chairperson and the state committee secretary shall
5347	5347	be filed with the commission secretary of state.
5348	5348	SECTION 235. 8.19 (3) of the statutes is amended to read:
5349	5349	8.19 (3) Every political party entitled, under s. 5.62, to have its candidates on
5350	5350	the partisan primary and general election ballots has exclusive right to the use of the
5351	5351	name designating it at any election involving political parties. The commission
5352	5352	secretary of state shall not certify nor the county clerk print the name of any person
5353	5353	whose nomination papers indicate a party name comprising a combination of
5354	5354	existing party names, qualifying words, phrases, prefixes, or suffixes in connection
5355	5355	with any existing party name.
5356	5356	SECTION 236. 8.20 (7) of the statutes is amended to read:
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5383	5383	SECTION 236 SENATE BILL 834
5384	5384	8.20 (7) Nomination papers shall be filed in the office of the commission
5385	5385	secretary of state for all state offices and the offices of U.S. senator and
5386	5386	representative in congress, and in the office of county clerk or board of election
5387	5387	commissioners for all county offices.
5388	5388	SECTION 237. 8.30 (2m) of the statutes is amended to read:
5389	5389	8.30 (2m) The official or agency with whom nomination papers and
5390	5390	declarations of candidacy are required to be filed shall not place a candidate's name
5391	5391	on the ballot if the candidate's name is ineligible for ballot placement under s. 5.05
5392	5392	(2m) (d) 2., 15.61 (3), or 19.49 (2) (c) 2.
5393	5393	SECTION 238. 8.40 (3) of the statutes is amended to read:
5394	5394	8.40 (3) The commission secretary of state shall, by rule, prescribe standards
5395	5395	consistent with this chapter and s. 9.10 (2) to be used by all election officials and
5396	5396	governing bodies in determining the validity of petitions for elections and signatures
5397	5397	thereon.
5398	5398	SECTION 239. 8.50 (1) (a) of the statutes is amended to read:
5399	5399	8.50 (1) (a) When there is to be a special election, the special election for county
5400	5400	office shall be ordered by the county board of supervisors except as provided in s.
5401	5401	17.21 (5); the special election for city office shall be ordered by the common council;
5402	5402	the special election for village office shall be ordered by the board of trustees; the
5403	5403	special election for town office shall be ordered by the town board of supervisors; the
5404	5404	special election for school board member in a school district organized under ch. 119
5405	5405	shall be ordered by the school board; the special election for municipal judge shall
5406	5406	be ordered by the governing body of the municipality, except in 1st class cities, or if
5407	5407	the judge is elected under s. 755.01 (4) jointly by the governing bodies of all
5408	5408	municipalities served by the judge; and all other special elections shall be ordered
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5436	5436	SECTION 239
5437	5437	SENATE BILL 834
5438	5438	by the governor. When the governor or attorney general issues the order, it shall be
5439	5439	filed and recorded in the office of the commission secretary of state. When the county
5440	5440	board of supervisors issues the order, it shall be filed and recorded in the office of the
5441	5441	county clerk. When the county executive issues the order, it shall be filed in the office
5442	5442	of the county board of election commissioners. When the common council issues the
5443	5443	order, it shall be filed in the office of the city clerk. When the board of trustees issues
5444	5444	the order, it shall be filed in the office of the village clerk. When the town board of
5445	5445	supervisors issues the order, it shall be filed in the office of the town clerk. When the
5446	5446	school board of a school district organized under ch. 119 issues the order, it shall be
5447	5447	filed and recorded in the office of the city board of election commissioners. If a
5448	5448	municipal judge is elected under s. 755.01 (4), the order shall be filed in the office of
5449	5449	the county clerk or board of election commissioners of the county having the largest
5450	5450	portion of the population of the jurisdiction served by the judge.
5451	5451	SECTION 240. 8.50 (1) (b) of the statutes is amended to read:
5452	5452	8.50 (1) (b) Notice of any special election shall be given upon the filing of the
5453	5453	order under par. (a) by publication in a newspaper under ch. 985. If the special
5454	5454	election concerns a national or state office, the commission secretary of state shall
5455	5455	give notice as soon as possible to the county clerks. Upon receipt of notice from the
5456	5456	commission secretary, or when the special election is for a county office or a municipal
5457	5457	judgeship under s. 755.01 (4), the county clerk shall give notice as soon as possible
5458	5458	to the municipal clerks of all municipalities in which electors are eligible to vote in
5459	5459	the election and publish one type A notice for all offices to be voted upon within the
5460	5460	county as provided in s. 10.06 (2) (n). If the special election is for a city, village, or
5461	5461	town office, the municipal clerk shall publish one type A notice as provided under s.
5462	5462	10.06 (3) (f).
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5489	5489	SECTION 241 SENATE BILL 834
5490	5490	SECTION 241. 8.50 (1) (d) of the statutes is amended to read:
5491	5491	8.50 (1) (d) When the election concerns a national office or a special election for
5492	5492	state office is held concurrently with the general election, the commission secretary
5493	5493	of state shall transmit to each county clerk a certified list of all persons for whom
5494	5494	nomination papers have been filed in its his or her office at least 62 days before the
5495	5495	special primary, and in other cases the commission secretary of state shall transmit
5496	5496	the list to each county clerk at least 22 days before the special primary. If no primary
5497	5497	is required, the list shall be transmitted at least 42 days prior to the day of the special
5498	5498	election unless the special election concerns a national office or is held concurrently
5499	5499	with the general election, in which case the list shall be transmitted at least 62 days
5500	5500	prior to the day of the special election. Immediately upon receipt of the certified list,
5501	5501	the county clerk shall prepare his or her ballots. For a county special election, the
5502	5502	county clerk shall certify the candidates and prepare the ballots. If there is a
5503	5503	primary, the county clerk shall publish one type B notice in a newspaper under ch.
5504	5504	10. When a primary is held, as soon as possible after the primary, the county clerk
5505	5505	shall certify the candidates and prepare the ballots for the following special election.
5506	5506	The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.
5507	5507	SECTION 242. 8.50 (3) (e) of the statutes is amended to read:
5508	5508	8.50 (3) (e) In a special election for a state or national office, the county clerk
5509	5509	or board of election commissioners shall transmit the statement of the county board
5510	5510	of canvassers to the elections commission secretary of state no later than 7 days after
5511	5511	the special primary and 13 days after the special election.
5512	5512	SECTION 243. 9.01 (1) (a) 1. of the statutes is amended to read:
5513	5513	9.01 (1) (a) 1. Any candidate voted for at any election who is an aggrieved party,
5514	5514	as determined under subd. 5., or any elector who voted upon any referendum
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5542	5542	SECTION 243
5543	5543	SENATE BILL 834
5544	5544	question at any election may petition for a recount. The petitioner shall file a verified
5545	5545	petition or petitions with the proper clerk or body under par. (ar) not earlier than the
5546	5546	time of completion of the canvass following canvassing of any valid provisional
5547	5547	ballots under s. 6.97 (4) and, except as provided in this subdivision, not later than
5548	5548	5 p.m. on the 3rd business day following the last meeting day of the municipal or
5549	5549	county board of canvassers determining the election for that office or on that
5550	5550	referendum question following canvassing of all valid provisional ballots or, if more
5551	5551	than one board of canvassers makes the determination, not later than 5 p.m. on the
5552	5552	3rd business day following the last meeting day of the last board of canvassers which
5553	5553	makes a determination following canvassing of all valid provisional ballots. If the
5554	5554	commission chairperson secretary of state or chairperson's secretary's designee
5555	5555	makes the determination for the office or the referendum question, the petitioner
5556	5556	shall file the petition not earlier than the last meeting day of the last county board
5557	5557	of canvassers to make a statement in the election or referendum following
5558	5558	canvassing of all valid provisional ballots and not later than 5 p.m. on the 3rd
5559	5559	business day following the day on which the commission secretary of state receives
5560	5560	the last statement from a county board of canvassers for the election or referendum
5561	5561	following canvassing of all valid provisional ballots. With regard to an election for
5562	5562	president, the petitioner shall file the petition not later than 5 p.m. on the first
5563	5563	business day following the day on which the commission secretary of state receives
5564	5564	the last statement from a county board of canvassers for the election following
5565	5565	canvassing of all valid provisional ballots.
5566	5566	SECTION 244. 9.01 (1) (a) 4. of the statutes is amended to read:
5567	5567	9.01 (1) (a) 4. The petition under subd. 1. may be amended to include
5568	5568	information discovered as a result of the investigation of the board of canvassers or
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5595	5595	SECTION 244 SENATE BILL 834
5596	5596	the commission chairperson secretary of state or chairperson's secretary's designee
5597	5597	after the filing of the petition if the petitioner moves to amend the petition as soon
5598	5598	as possible after the petitioner discovers, or reasonably should have discovered, the
5599	5599	information that is the subject of the amendment and if the petitioner was unable
5600	5600	to include the information in the original petition.
5601	5601	SECTION 245. 9.01 (1) (ag) 2. of the statutes is amended to read:
5602	5602	9.01 (1) (ag) 2. If subd. 1 does not apply to the difference between the votes cast
5603	5603	for the leading candidate and those cast for the petitioner or the difference between
5604	5604	the affirmative and negative votes cast upon any referendum question following
5605	5605	canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee
5606	5606	equal to the actual cost of performing the recount in each ward for which the petition
5607	5607	requests a recount, or in each municipality for which the petition requests a recount
5608	5608	where no wards exist, plus the actual cost incurred by the commission secretary of
5609	5609	state to provide services for performing the recount.
5610	5610	SECTION 246. 9.01 (1) (ag) 4. of the statutes is amended to read:
5611	5611	9.01 (1) (ag) 4. The commission secretary of state shall deposit all moneys
5612	5612	received by it the secretary into the account under s. 20.510 (1) 20.575 (2) (g), and
5613	5613	shall pay the fees required for each recount to the county clerks of the counties in
5614	5614	which the recount is to be held and shall retain the amount necessary to pay for the
5615	5615	actual cost incurred by the commission secretary of state to provide services for
5616	5616	performing the recount. The county clerk shall deposit fees received by him or her
5617	5617	with the county treasurer. The municipal clerk shall deposit fees received by him or
5618	5618	her with the municipal treasurer.
5619	5619	SECTION 247. 9.01 (1) (ar) 2. of the statutes is amended to read:
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5646	5646	SECTION 247
5647	5647	SENATE BILL 834
5648	5648	9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be
5649	5649	filed with the clerk of the jurisdiction in which the referendum is called, and, in the
5650	5650	case of the state, with the commission secretary of state.
5651	5651	SECTION 248. 9.01 (1) (ar) 3. of the statutes is amended to read:
5652	5652	9.01 (1) (ar) 3. Whenever a clerk receives a valid petition and any payment
5653	5653	under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers.
5654	5654	Whenever the commission secretary of state receives a valid petition and any
5655	5655	payment under par. (ag) 3., the commission secretary shall promptly by certified mail
5656	5656	or other expeditious means order the proper county boards of canvassers to
5657	5657	commence the recount. County boards of canvassers shall convene no later than 9
5658	5658	a.m. on the 3rd day after receipt of an order and may adjourn for not more than one
5659	5659	day at a time until the recount is completed in the county, except that the commission
5660	5660	secretary may permit extension of the time for adjournment. Returns from a recount
5661	5661	ordered by the commission secretary of state shall be transmitted to the office of the
5662	5662	commission secretary as soon as possible, but in no case later than 13 days from the
5663	5663	date of the order of the commission secretary directing the recount. The commission
5664	5664	chairperson secretary of state or the chairperson's secretary's designee may not
5665	5665	make a determination in any election if a recount is pending before any county board
5666	5666	of canvassers in that election. The commission chairperson secretary of state or the
5667	5667	chairperson's secretary's designee need not recount actual ballots, but shall verify
5668	5668	the returns of the county boards of canvassers in making his or her determinations.
5669	5669	SECTION 249. 9.01 (5) (a) of the statutes is amended to read:
5670	5670	9.01 (5) (a) The board of canvassers or the commission chairperson secretary
5671	5671	of state or the chairperson's secretary's designee shall keep complete minutes of all
5672	5672	proceedings before the board of canvassers or the chairperson secretary or designee.
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5699	5699	SECTION 249 SENATE BILL 834
5700	5700	The minutes shall include a record of objections and offers of evidence. If the board
5701	5701	of canvassers or the commission chairperson secretary of state or the chairperson's
5702	5702	secretary's designee receives exhibits from any party, the board of canvassers or the
5703	5703	chairperson secretary or designee shall number and preserve the exhibits. The board
5704	5704	of canvassers or the chairperson secretary or chairperson's secretary's designee shall
5705	5705	make specific findings of fact with respect to any irregularity raised in the petition
5706	5706	or discovered during the recount. Any member of the board of canvassers or the
5707	5707	chairperson secretary or chairperson's secretary's designee may administer oaths,
5708	5708	certify official acts, and issue subpoenas for purposes of this section. Witness fees
5709	5709	shall be paid by the county. In the case of proceedings before the commission
5710	5710	chairperson secretary of state or chairperson's the secretary's designee, witness fees
5711	5711	shall be paid by the commission secretary of state.
5712	5712	SECTION 250. 9.01 (5) (bm) of the statutes is amended to read:
5713	5713	9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers
5714	5714	shall deliver to the commission secretary of state one copy of the minutes of the
5715	5715	proceedings kept under par. (a). In addition, in the case of a recount of an election
5716	5716	for state or national office, for each candidate whose name appears on the ballot for
5717	5717	that office under the name of a political party, the board of canvassers shall deliver
5718	5718	one copy of the minutes to the chief officer, if any, who is named in any registration
5719	5719	statement filed under s. 11.0302 by the state committee of that political party, and
5720	5720	in the case of a recount of an election for county office, for each candidate whose name
5721	5721	appears on the ballot for that office under the name of a political party, the board of
5722	5722	canvassers shall deliver one copy of the minutes to the chief officer, if any, who is
5723	5723	named in any registration statement filed under s. 11.0302 by the county committee
5724	5724	of that political party.
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5752	5752	SECTION 251
5753	5753	SENATE BILL 834
5754	5754	SECTION 251. 9.01 (5) (c) of the statutes is amended to read:
5755	5755	9.01 (5) (c) If the recount is made by a municipal or county board of canvassers
5756	5756	and the result is required to be reported to a county board of canvassers or to the
5757	5757	commission chairperson secretary of state or the chairperson's secretary's designee,
5758	5758	the board of canvassers making the initial recount shall immediately certify the
5759	5759	results to the county board of canvassers or to the commission chairperson secretary
5760	5760	of state or designee. If a county board of canvassers receives such results, it shall
5761	5761	then convene not later than 9 a.m. on the next business day following receipt to
5762	5762	examine the returns and determine the results. If the commission chairperson
5763	5763	secretary of state or the chairperson's secretary's designee receives such results, the
5764	5764	chairperson secretary or designee shall publicly examine the returns and determine
5765	5765	the results not later than 9 a.m. on the 3rd business day following receipt, but if that
5766	5766	day is earlier than the latest day permitted for that election under s. 7.70 (3) (a), the
5767	5767	commission chairperson secretary or designee may examine the returns and
5768	5768	determine the results not later than the day specified in s. 7.70 (3) (a).
5769	5769	SECTION 252. 9.01 (6) (a) of the statutes is amended to read:
5770	5770	9.01 (6) (a) Within 5 business days after completion of the recount
5771	5771	determination by the board of canvassers in all counties concerned, or within 5
5772	5772	business days after completion of the recount determination by the commission
5773	5773	chairperson secretary of state or the chairperson's secretary's designee whenever a
5774	5774	determination is made by the chairperson secretary or designee, any candidate, or
5775	5775	any elector when for a referendum, aggrieved by the recount may appeal to circuit
5776	5776	court. The appeal shall commence by serving a written notice of appeal on the other
5777	5777	candidates and persons who filed a written notice of appearance before each board
5778	5778	of canvassers whose decision is appealed, or in the case of a statewide recount, before
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5805	5805	SECTION 252 SENATE BILL 834
5806	5806	the commission chairperson secretary of state or the chairperson's secretary's
5807	5807	designee. The appellant shall also serve notice on the commission secretary of state
5808	5808	if the commission chairperson secretary or the chairperson's secretary's designee is
5809	5809	responsible for determining the election. The appellant shall serve the notice by
5810	5810	certified mail or in person. The appellant shall file the notice with the clerk of circuit
5811	5811	court together with an undertaking and surety in the amount approved by the court,
5812	5812	conditioned upon the payment of all costs taxed against the appellant.
5813	5813	SECTION 253. 9.01 (7) (a) of the statutes is amended to read:
5814	5814	9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
5815	5815	order directing each affected county, municipal clerk, or board, and the commission
5816	5816	secretary of state, to transmit immediately all ballots, papers and records affecting
5817	5817	the appeal to the clerk of court or to impound and secure such ballots, papers and
5818	5818	records, or both. The order shall be served upon each affected county, municipal
5819	5819	clerk, or board, the commission secretary of state, and all other candidates and
5820	5820	persons who filed a written notice of appearance before any board of canvassers
5821	5821	involved in the recount.
5822	5822	SECTION 254. 9.01 (8) (a) of the statutes is amended to read:
5823	5823	9.01 (8) (a) Unless the court finds a ground for setting aside or modifying the
5824	5824	determination of the board of canvassers or the commission chairperson secretary
5825	5825	of state or chairperson's secretary's designee, it shall affirm the determination.
5826	5826	SECTION 255. 9.01 (8) (c) of the statutes is amended to read:
5827	5827	9.01 (8) (c) The court may not receive evidence not offered to the board of
5828	5828	canvassers or the commission chairperson secretary of state or the chairperson's
5829	5829	secretary's designee except for evidence that was unavailable to a party exercising
5830	5830	due diligence at the time of the recount or newly discovered evidence that could not
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5858	5858	SECTION 255
5859	5859	SENATE BILL 834
5860	5860	with due diligence have been obtained during the recount, and except that the court
5861	5861	may receive evidence not offered at an earlier time because a party was not
5862	5862	represented by counsel in all or part of a recount proceeding. A party who fails to
5863	5863	object or fails to offer evidence of a defect or irregularity during the recount waives
5864	5864	the right to object or offer evidence before the court except in the case of evidence that
5865	5865	was unavailable to a party exercising due diligence at the time of the recount or
5866	5866	newly discovered evidence that could not with due diligence have been obtained
5867	5867	during the recount or evidence received by the court due to unavailability of counsel
5868	5868	during the recount.
5869	5869	SECTION 256. 9.01 (8) (d) of the statutes is amended to read:
5870	5870	9.01 (8) (d) The court shall set aside or modify the determination of the board
5871	5871	of canvassers or the commission chairperson secretary of state or the chairperson's
5872	5872	secretary's designee if it finds that the board of canvassers or the chairperson
5873	5873	secretary or chairperson's secretary's designee has erroneously interpreted a
5874	5874	provision of law and a correct interpretation compels a particular action. If the
5875	5875	determination depends on any fact found by the board of canvassers or the
5876	5876	commission chairperson secretary of state or the chairperson's secretary's designee,
5877	5877	the court may not substitute its judgment for that of the board of canvassers or the
5878	5878	chairperson secretary or designee as to the weight of the evidence on any disputed
5879	5879	finding of fact. The court shall set aside the determination if it finds that the
5880	5880	determination depends on any finding of fact that is not supported by substantial
5881	5881	evidence.
5882	5882	SECTION 257. 9.01 (10) of the statutes is amended to read:
5883	5883	9.01 (10) STANDARD FORMS AND METHODS. The commission secretary of state
5884	5884	shall prescribe, by rule, standard forms and procedures for the making of recounts
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5911	5911	SECTION 257 SENATE BILL 834
5912	5912	under this section. The procedures prescribed by the commission secretary shall
5913	5913	require the boards of canvassers in recounts involving more than one board of
5914	5914	canvassers to consult with the commission staff office of the secretary of state prior
5915	5915	to beginning any recount in order to ensure that uniform procedures are used, to the
5916	5916	extent practicable, in such recounts.
5917	5917	SECTION 258. 10.01 (1) of the statutes is amended to read:
5918	5918	10.01 (1) The form of the various election notices shall be prescribed by the
5919	5919	commission secretary of state to standardize election notices. To accomplish this
5920	5920	purpose, the commission secretary shall make rules and draft whatever forms it the
5921	5921	secretary considers necessary. Notification or certification lists of candidates or
5922	5922	referenda questions sent to the county clerks shall prescribe the form in which the
5923	5923	county clerks shall publish the relevant portions of the notice and any additional
5924	5924	county offices and referenda questions. The commission secretary of state shall also
5925	5925	prescribe the provisions for municipal notices which shall be sent to each county
5926	5926	clerk who shall immediately forward them to each municipal clerk.
5927	5927	SECTION 259. 10.01 (2) (intro.) of the statutes is amended to read:
5928	5928	10.01 (2) (intro.) For election purposes there shall be 5 basic types of notices,
5929	5929	modified as necessary to apply to the various elections, which shall be published in
5930	5930	substantially the same form as prescribed by the commission secretary of state. The
5931	5931	5 types of notices are:
5932	5932	SECTION 260. 10.02 (1) of the statutes is amended to read:
5933	5933	10.02 (1) Before any election an appropriate type B notice shall be published
5934	5934	in substantially the form prescribed by the commission secretary of state at the times
5935	5935	prescribed in s. 10.06. The type B notice shall include the following relevant sections
5936	5936	and be within the guidelines established in this section.
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5964	5964	SECTION 261
5965	5965	SENATE BILL 834
5966	5966	SECTION 261. 10.02 (2) (c) of the statutes is amended to read:
5967	5967	10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size
5968	5968	and style of type and the general display of the facsimile ballots shall be prescribed
5969	5969	by the commission secretary of state and shall conform to the form prescribed by the
5970	5970	commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6
5971	5971	inches in width and the ballot size may be reduced. Voting machine facsimile ballots
5972	5972	shall show a reduced diagram of the front of the voting machine and instructions to
5973	5973	electors on how to vote on the machine. If the ballots in the wards or election districts
5974	5974	within a county or municipality are identical but for the names of different
5975	5975	candidates, districts or seats, the facsimile ballot may show the ballot for one ward
5976	5976	or election district, accompanied by a list of candidates, districts and seats to be voted
5977	5977	upon in the other wards or election districts.
5978	5978	SECTION 262. 10.02 (3) (intro.) of the statutes is amended to read:
5979	5979	10.02 (3) (intro.) The notice shall contain the following:
5980	5980	FACSIMILE BALLOT NOTICE
5981	5981	OF .... ELECTION
5982	5982	Office of .... [County] [Municipal] Clerk.
5983	5983	To the Electors of .... [County] [Municipality]:
5984	5984	Notice is hereby given of a .... election to be held in the several wards in the
5985	5985	[county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers
5986	5986	named below shall be chosen. The names of the candidates for each office to be voted
5987	5987	for, whose nominations have been certified to or filed in this office, are given under
5988	5988	the title of the office and under the appropriate party or other designation, each in
5989	5989	its proper column, together with the questions submitted to a vote, in the sample
5990	5990	ballot below.
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6017	6017	SECTION 262 SENATE BILL 834
6018	6018	INFORMATION TO ELECTORS
6019	6019	Except where a different statement is prescribed by the commission secretary
6020	6020	of state for use in whole or in part by municipalities using electronic voting systems
6021	6021	under s. 5.95, the voting instructions shall be given substantially as follows:
6022	6022	SECTION 263. 10.06 (1) of the statutes is amended to read:
6023	6023	10.06 (1) ELECTIONS COMMISSION SECRETARY OF STATE. (a) On or before November
6024	6024	15 preceding a spring election the commission secretary of state shall send a type A
6025	6025	notice to each county clerk.
6026	6026	(c) As soon as possible after the deadline for filing nomination papers for the
6027	6027	spring election, but no later than the 2nd Tuesday in January, the commission
6028	6028	secretary of state shall send a type B notice certifying the list of candidates to each
6029	6029	county clerk if a primary is required.
6030	6030	(e) As soon as possible following the state canvass of the spring primary vote,
6031	6031	but no later than the first Tuesday in March, the commission secretary of state shall
6032	6032	send a type B notice certifying to each county clerk the list of candidates for the
6033	6033	spring election. When no state spring primary is held, this notice shall be sent under
6034	6034	par. (c). When there is a referendum, the commission secretary shall send type A and
6035	6035	C notices certifying each question to the county clerks as soon as possible, but no later
6036	6036	than the first Tuesday in March.
6037	6037	(f) On or before the 3rd Tuesday in March preceding a partisan primary and
6038	6038	general election the commission secretary of state shall send a type A notice to each
6039	6039	county clerk.
6040	6040	(h) As soon as possible after the deadline for determining ballot arrangement
6041	6041	for the partisan primary on June 10, the commission secretary of state shall send a
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6068	6068	SECTION 263
6069	6069	SENATE BILL 834
6070	6070	type B notice to each county clerk certifying the list of candidates for the partisan
6071	6071	primary.
6072	6072	(i) As soon as possible after the state canvass, but no later than the 4th Tuesday
6073	6073	in August, the commission secretary of state shall send a type B notice certifying the
6074	6074	list of candidates and type A and C notices certifying each question for any
6075	6075	referendum to each county clerk for the general election.
6076	6076	SECTION 264. 10.06 (2) (a) of the statutes is amended to read:
6077	6077	10.06 (2) (a) On the 4th Tuesday in November preceding a spring election each
6078	6078	county clerk shall publish a type A notice based on the notice received from the
6079	6079	commission secretary of state for all state offices to be filled at the election by any
6080	6080	electors voting in the county and a similar notice incorporating any county offices.
6081	6081	SECTION 265. 10.06 (2) (b) of the statutes is amended to read:
6082	6082	10.06 (2) (b) Upon receipt of the type B notice from the commission secretary
6083	6083	of state preceding the spring election each county clerk shall add any county offices,
6084	6084	prepare the ballots, and send notice to each municipal clerk of the spring primary.
6085	6085	When there is no state spring primary within the county, but there is to be a county
6086	6086	spring primary, the county clerk shall prepare the ballots and send notice to each
6087	6087	municipal clerk.
6088	6088	SECTION 266. 10.06 (2) (e) of the statutes is amended to read:
6089	6089	10.06 (2) (e) Upon receipt of the type B notice from the commission secretary
6090	6090	of state each county clerk shall add any county offices and referenda, prepare the
6091	6091	ballots and send notice to each municipal clerk of the coming spring election.
6092	6092	SECTION 267. 10.06 (2) (h) of the statutes is amended to read:
6093	6093	10.06 (2) (h) On the 2nd Tuesday in April preceding a partisan primary and
6094	6094	general election, the county clerk shall publish a type A notice based on the notice
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6121	6121	SECTION 267 SENATE BILL 834
6122	6122	received from the commission secretary of state for all national and state offices to
6123	6123	be filled at the election by any electors voting in the county and incorporating county
6124	6124	offices.
6125	6125	SECTION 268. 10.06 (2) (k) of the statutes is amended to read:
6126	6126	10.06 (2) (k) Upon receipt of the type B notice from the commission secretary
6127	6127	of state preceding the general election, the county clerk shall add county offices and
6128	6128	referenda, if any, and send notice to each municipal clerk of the coming general
6129	6129	election and prepare the ballots.
6130	6130	SECTION 269. 12.01 (intro.) and (1) of the statutes are consolidated,
6131	6131	renumbered 12.01 and amended to read:
6132	6132	12.01 Definitions. The definitions given under s. 11.0101 apply to this
6133	6133	chapter, except as follows: (1) “Candidate" that “candidate” includes a candidate for
6134	6134	national office.
6135	6135	SECTION 270. 12.01 (2) of the statutes is repealed.
6136	6136	SECTION 271. 12.13 (5) (a) of the statutes is amended to read:
6137	6137	12.13 (5) (a) Except as specifically authorized by law and except as provided
6138	6138	in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or
6139	6139	member or employee of the commission secretary of state may disclose information
6140	6140	related to an investigation or prosecution under chs. 5 to 10 or 12, or any other law
6141	6141	specified in s. 978.05 (1) or (2) or provide access to any record of the investigator,
6142	6142	prosecutor, or the commission secretary of state that is not subject to access under
6143	6143	s. 5.05 (5s) to any person other than an employee or agent of the prosecutor or
6144	6144	investigator or a member, an employee, or agent of the commission secretary of state
6145	6145	prior to presenting the information or record in a court of law.
6146	6146	SECTION 272. 12.13 (5) (b) (intro.) of the statutes is amended to read:
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6174	6174	SECTION 272
6175	6175	SENATE BILL 834
6176	6176	12.13 (5) (b) (intro.) This subsection does not apply to any of the following
6177	6177	communications made by an investigator, prosecutor, employee of an investigator or
6178	6178	prosecutor, or member or employee of the commission secretary of state:
6179	6179	SECTION 273. 12.13 (5) (b) 3. of the statutes is amended to read:
6180	6180	12.13 (5) (b) 3. Communications made to the attorney of an investigator,
6181	6181	prosecutor, or employee, or member of the commission secretary of state or to a
6182	6182	person or the attorney of a person who is investigated or prosecuted by the
6183	6183	commission secretary of state.
6184	6184	SECTION 274. 13.123 (3) (b) 2. of the statutes is amended to read:
6185	6185	13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is
6186	6186	bound by the determination of the chairperson of the elections commission secretary
6187	6187	of state or the chairperson's secretary's designee if such determination has been
6188	6188	issued.
6189	6189	SECTION 275. 13.23 of the statutes is amended to read:
6190	6190	13.23 Election contests; notice. Any person wishing to contest the election
6191	6191	of any senator or member of the assembly shall, within 30 days after the decision of
6192	6192	the board of canvassers, serve a notice in writing on the person whose election the
6193	6193	contestant intends to contest, stating briefly that the election will be contested and
6194	6194	the cause of such contest, and shall file a copy thereof in the office of the elections
6195	6195	commission secretary of state at least 10 days before the day fixed by law for the
6196	6196	meeting of the legislature. The elections commission secretary of state shall then
6197	6197	send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of
6198	6198	such notice, the contestant shall not be entitled to any mileage or salary in case
6199	6199	payment has been made therefor to the sitting member.
6200	6200	SECTION 276. 14.38 (10m) of the statutes is amended to read:
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6227	6227	SECTION 276 SENATE BILL 834
6228	6228	14.38 (10m) NOTIFICATION OF CONSTITUTIONAL AMENDMENT. If an amendment to
6229	6229	the Wisconsin Constitution is approved that requires the legislature to provide for
6230	6230	temporary succession to the powers and duties of public offices for the period of an
6231	6231	emergency resulting from a cause other than an enemy action, within 30 days after
6232	6232	the elections commission secretary of state records the approval under s. 7.70 (3) (h),
6233	6233	notify the legislature that the amendment has been approved.
6234	6234	SECTION 277. 15.01 (2) of the statutes is amended to read:
6235	6235	15.01 (2) “Commission" means a 3-member governing body in charge of a
6236	6236	department or independent agency or of a division or other subunit within a
6237	6237	department, except for the employment relations commission which shall consist of
6238	6238	one chairperson, the Wisconsin waterways commission which shall consist of 5
6239	6239	members, the elections commission which shall consist of at least 6 members, the
6240	6240	ethics commission which shall consist of at least 6 members, and the parole
6241	6241	commission which shall consist of 4 members. A Wisconsin group created for
6242	6242	participation in a continuing interstate body, or the interstate body itself, shall be
6243	6243	known as a “commission", but is not a commission for purposes of s. 15.06. The parole
6244	6244	commission created under s. 15.145 (1) shall be known as a “commission", but is not
6245	6245	a commission for purposes of s. 15.06.
6246	6246	SECTION 278. 15.06 (1) (d) of the statutes is repealed.
6247	6247	SECTION 279. 15.06 (2) (b) 1. of the statutes is repealed.
6248	6248	SECTION 280. 15.06 (2) (b) 2. of the statutes is renumbered 15.06 (2) (b).
6249	6249	SECTION 281. 15.06 (3) (a) 5. of the statutes is repealed.
6250	6250	SECTION 282. 15.06 (5) of the statutes is amended to read:
6251	6251	15.06 (5) FREQUENCY OF MEETINGS; PLACE. Every commission shall meet on the
6252	6252	call of the chairperson or a majority of its members. Every commission shall
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6280	6280	SECTION 282
6281	6281	SENATE BILL 834
6282	6282	maintain its offices in Madison, but may meet or hold hearings at such other
6283	6283	locations as will best serve the citizens of this state. The elections commission and
6284	6284	the ethics commission shall meet in person at least 4 times each year and shall
6285	6285	conduct meetings in accordance with accepted parliamentary procedure.
6286	6286	SECTION 283. 15.06 (6) of the statutes is amended to read:
6287	6287	15.06 (6) QUORUM. A majority of the membership of a commission constitutes
6288	6288	a quorum to do business, except that vacancies shall not prevent a commission from
6289	6289	doing business. This subsection does not apply to the parole commission, elections
6290	6290	commission, or ethics commission.
6291	6291	SECTION 284. 15.06 (10) of the statutes is amended to read:
6292	6292	15.06 (10) COMPENSATION. A member of the elections commission and a member
6293	6293	of the ethics commission shall receive a per diem of $115 for each day on which the
6294	6294	member attends or participates by audio or video conference call in a meeting of the
6295	6295	member's commission.
6296	6296	SECTION 285. 15.61 of the statutes is repealed.
6297	6297	SECTION 286. 16.79 (2) of the statutes is amended to read:
6298	6298	16.79 (2) The department shall distribute in pamphlet form copies of the
6299	6299	constitution and such laws as may be required to meet the public demand, including
6300	6300	the election laws. The department shall distribute election manuals, forms, and
6301	6301	supplies specified by the elections commission secretary of state. The laws, manuals,
6302	6302	forms, and supplies shall be sold by the department at cost, including distribution
6303	6303	cost as determined under s. 35.80. The elections commission secretary of state shall
6304	6304	inform the department in writing as to which election manuals, forms, and supplies
6305	6305	shall be offered for distribution under this subsection.
6306	6306	SECTION 287. 16.96 (3) (b) of the statutes is amended to read:
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6333	6333	SECTION 287 SENATE BILL 834
6334	6334	16.96 (3) (b) Maintain and keep current throughout the decade the maps of
6335	6335	congressional and legislative district boundaries received from the legislative
6336	6336	reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections
6337	6337	commission secretary of state.
6338	6338	SECTION 288. 17.17 (1) of the statutes is amended to read:
6339	6339	17.17 (1) SENATORS AND MEMBERS OF CONGRESS. In the office of United States
6340	6340	senator or member of congress from this state, by the county clerk of the county
6341	6341	wherein such officer resided at the time of election, to the elections commission
6342	6342	secretary of state.
6343	6343	SECTION 289. 17.17 (4) of the statutes is amended to read:
6344	6344	17.17 (4) JUSTICES AND JUDGES. In the office of justice of the supreme court, court
6345	6345	of appeals judge, or judge of a circuit court, by the director of state courts to the
6346	6346	governor and the elections commission secretary of state.
6347	6347	SECTION 290. 19.42 (10) (a) of the statutes is repealed.
6348	6348	SECTION 291. 19.42 (13) (p) of the statutes is repealed.
6349	6349	SECTION 292. 19.43 (4) of the statutes is amended to read:
6350	6350	19.43 (4) A candidate for state public office shall file with the commission a
6351	6351	statement of economic interests meeting each of the requirements of s. 19.44 (1) no
6352	6352	later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
6353	6353	for the office which the candidate seeks, or no later than 4:30 p.m. on the next
6354	6354	business day after the last day whenever that candidate is granted an extension of
6355	6355	time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j),
6356	6356	8.10 (2) (a), 8.15 (1), or 8.20 (8) (a); no later than 4:30 p.m. on the 5th day after
6357	6357	notification of nomination is mailed or personally delivered to the candidate by the
6358	6358	municipal clerk in the case of a candidate who is nominated at a caucus; or no later
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6386	6386	SECTION 292
6387	6387	SENATE BILL 834
6388	6388	than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally
6389	6389	delivered to the candidate by the appropriate official or agency in the case of a
6390	6390	write-in candidate or candidate who is appointed to fill a vacancy in nomination
6391	6391	under s. 8.35 (2) (a). The information contained on the statement shall be current
6392	6392	as of December 31 of the year preceding the filing deadline. Before certifying the
6393	6393	name of any candidate for state public office under s. 7.08 (2) (a), the elections
6394	6394	commission secretary of state, municipal clerk, or board of election commissioners
6395	6395	shall ascertain whether that candidate has complied with this subsection. If not, the
6396	6396	elections commission secretary of state, municipal clerk, or board of election
6397	6397	commissioners may not certify the candidate's name for ballot placement.
6398	6398	SECTION 293. 19.85 (1) (h) of the statutes is amended to read:
6399	6399	19.85 (1) (h) Consideration of requests for confidential written advice from the
6400	6400	elections commission secretary of state under s. 5.05 (6a) or the ethics commission
6401	6401	under s. 19.46 (2), or from any county or municipal ethics board under s. 19.59 (5).
6402	6402	SECTION 294. 19.851 (title) of the statutes is amended to read:
6403	6403	19.851 (title) Closed sessions by ethics or elections commission.
6404	6404	SECTION 295. 19.851 (1) of the statutes is amended to read:
6405	6405	19.851 (1) Prior to convening under this section or under s. 19.85 (1), the ethics
6406	6406	commission and the elections commission shall vote to convene in closed session in
6407	6407	the manner provided in s. 19.85 (1). The ethics commission shall identify the specific
6408	6408	reason or reasons under sub. (2) and s. 19.85 (1) (a) to (h) for convening in closed
6409	6409	session. The elections commission shall identify the specific reason or reasons under
6410	6410	s. 19.85 (1) (a) to (h) for convening in closed session. No business may be conducted
6411	6411	by the ethics commission or the elections commission at any closed session under this
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6437	6437	SECTION 295 SENATE BILL 834
6438	6438	section except that which relates to the purposes of the session as authorized in this
6439	6439	section or as authorized in s. 19.85 (1).
6440	6440	SECTION 296. 20.505 (1) (d) of the statutes is amended to read:
6441	6441	20.505 (1) (d) Special counsel. A sum sufficient, subject to s. 5.05 (2q), for
6442	6442	supplementing the appropriation under s. 20.510 (1) 20.575 (2) (be) for ongoing
6443	6443	investigations; subject to s. 19.49 (2q), for supplementing the appropriation under
6444	6444	s. 20.521 (1) (be) for ongoing investigations; and, subject to the procedures
6445	6445	established in s. 14.11 (2) (c), for the compensation of special counsel appointed as
6446	6446	provided in ss. 14.11 (2) and 321.42.
6447	6447	SECTION 297. 20.510 (intro.) and (1) (title) of the statutes are repealed.
6448	6448	SECTION 298. 20.510 (1) (a) of the statutes is renumbered 20.575 (2) (a) and
6449	6449	amended to read:
6450	6450	20.575 (2) (a) General program operations; general purpose revenue.
6451	6451	Biennially, the amounts in the schedule for general program operations of the
6452	6452	commission secretary of state with regard to election administration, including the
6453	6453	printing of forms, materials, manuals, and election laws under s. 7.08 (1) (b), (3), and
6454	6454	(4), and the training of election officials under s. 5.05 (7).
6455	6455	SECTION 299. 20.510 (1) (be) of the statutes is renumbered 20.575 (2) (be) and
6456	6456	amended to read:
6457	6457	20.575 (2) (be) Investigations. The amounts in the schedule for the purpose of
6458	6458	financing the costs of investigations authorized by the commission secretary of state
6459	6459	of potential violations of chs. 5 to 10 and 12.
6460	6460	SECTION 300. 20.510 (1) (bm) of the statutes is renumbered 20.575 (2) (bm).
6461	6461	SECTION 301. 20.510 (1) (br) of the statutes is renumbered 20.575 (2) (br).
6462	6462	SECTION 302. 20.510 (1) (c) of the statutes is renumbered 20.575 (2) (c).
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6490	6490	SECTION 303
6491	6491	SENATE BILL 834
6492	6492	SECTION 303. 20.510 (1) (d) of the statutes is renumbered 20.575 (2) (d).
6493	6493	SECTION 304. 20.510 (1) (e) of the statutes is renumbered 20.575 (2) (e).
6494	6494	SECTION 305. 20.510 (1) (g) of the statutes is renumbered 20.575 (2) (g) and
6495	6495	amended to read:
6496	6496	20.575 (2) (g) Recount fees. The amounts in the schedule to be apportioned to
6497	6497	the commission secretary of state and the county clerks or county board of election
6498	6498	commissioners as prescribed in s. 9.01 (1) (ag). All moneys received on account of
6499	6499	recount petitions filed with the commission secretary of state shall be credited to this
6500	6500	appropriation account.
6501	6501	SECTION 306. 20.510 (1) (h) of the statutes is renumbered 20.575 (2) (h) and
6502	6502	amended to read:
6503	6503	20.575 (2) (h) Materials and services. The For the purpose of administering
6504	6504	elections, the amounts in the schedule for the costs of publishing documents, locating
6505	6505	and copying records, and conducting administrative meetings and conferences, for
6506	6506	compiling, disseminating, and making available information prepared by and filed
6507	6507	with the commission secretary of state, and for supplies, postage, and shipping. All
6508	6508	With regard to election administration, all moneys received by the commission
6509	6509	secretary of state from collections for sales of publications, for copies of records, for
6510	6510	supplies, for postage, for shipping and records location fees, and for charges assessed
6511	6511	to participants in administrative meetings and conferences, except moneys received
6512	6512	from requesters from sales of copies of the official registration list, shall be credited
6513	6513	to this appropriation account.
6514	6514	SECTION 307. 20.510 (1) (jm) of the statutes is renumbered 20.575 (2) (jm) and
6515	6515	amended to read:
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6541	6541	SECTION 307 SENATE BILL 834
6542	6542	20.575 (2) (jm) Gifts and grants. The amounts in the schedule to carry out the
6543	6543	purposes, not inconsistent with the law, for which gifts, grants, and bequests to the
6544	6544	commission secretary of state are made. All moneys received by the commission
6545	6545	secretary of state from gifts, grants, and bequests shall be credited to this
6546	6546	appropriation account.
6547	6547	SECTION 308. 20.510 (1) (jn) of the statutes, as created by 2021 Wisconsin Act
6548	6548	58, is renumbered 20.575 (2) (jn).
6549	6549	SECTION 309. 20.510 (1) (m) of the statutes is renumbered 20.575 (2) (m).
6550	6550	SECTION 310. 20.510 (1) (t) of the statutes is renumbered 20.575 (2) (t).
6551	6551	SECTION 311. 20.510 (1) (x) of the statutes is renumbered 20.575 (2) (x).
6552	6552	SECTION 312. 20.575 (1) (g) of the statutes is amended to read:
6553	6553	20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of
6554	6554	carrying out general program operations. Except as provided under par. (ka) and
6555	6555	sub. (2), all amounts received by the secretary of state, including all moneys
6556	6556	transferred from the appropriation under s. 20.144 (1) (g), shall be credited to this
6557	6557	appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the
6558	6558	close of a fiscal year exceeding 10 percent of that fiscal year's expenditures under this
6559	6559	appropriation shall lapse to the general fund.
6560	6560	SECTION 313. 20.575 (1) (ka) of the statutes is amended to read:
6561	6561	20.575 (1) (ka) Agency collections. The amounts in the schedule for
6562	6562	photocopying and microfilm copying of documents, generation of copies of documents
6563	6563	from optical disc or electronic storage, publication of books, and other services
6564	6564	provided in carrying out the functions of the office. All Except for moneys received
6565	6565	under sub. (2) (h), all moneys received by the office as fees or other charges for
6566	6566	photocopying, microfilm copying, generation of copies of documents from optical disc
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6594	6594	SECTION 313
6595	6595	SENATE BILL 834
6596	6596	or electronic storage, sales of books, and other services provided in carrying out the
6597	6597	functions of the office shall be credited to this appropriation.
6598	6598	SECTION 314. 38.16 (3) (br) 3. of the statutes is amended to read:
6599	6599	38.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12.
6600	6600	The district board shall provide the election officials with all necessary election
6601	6601	supplies. The form of the ballot shall correspond substantially with the standard
6602	6602	form for referendum ballots prescribed by the elections commission secretary of state
6603	6603	under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit
6604	6604	under this subsection may be exceeded by a specified amount. The limit otherwise
6605	6605	applicable to the district under this subsection is increased by the amount approved
6606	6606	by a majority of those voting on the question.
6607	6607	SECTION 315. 49.165 (4) (a) of the statutes is amended to read:
6608	6608	49.165 (4) (a) The department shall certify to the elections commission
6609	6609	secretary of state, on a continuous basis, a list containing the name and address of
6610	6610	each organization that is eligible to receive grants under sub. (2).
6611	6611	SECTION 316. 59.605 (3) (a) 3. of the statutes is amended to read:
6612	6612	59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
6613	6613	The governing body shall provide the election officials with all necessary election
6614	6614	supplies. The form of the ballot shall correspond substantially with the standard
6615	6615	form for referendum ballots prescribed by the elections commission secretary of state
6616	6616	under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
6617	6617	operating levy rate, the question shall be submitted as follows: “Under state law, the
6618	6618	operating levy rate for the .... (name of county), for the tax to be imposed for the year
6619	6619	.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
6620	6620	county) be allowed to exceed this rate limit for .... (a specified number of years) (an
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6647	6647	SECTION 316 SENATE BILL 834
6648	6648	indefinite period) by $.... per $1,000 of equalized value that results in an operating
6649	6649	levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
6650	6650	specifies the operating levy, the question shall be submitted as follows: “Under state
6651	6651	law, the operating levy rate for the .... (name of county), for the tax to be imposed for
6652	6652	the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
6653	6653	the operating levy rate limit, shall the .... (name of county) be allowed to levy an
6654	6654	amount not to exceed $.... (operating levy) for operating purposes for the year ....
6655	6655	(year), which may increase the operating levy rate for .... (a specified number of
6656	6656	years) (an indefinite period)? This would allow a ....% increase above the levy of $....
6657	6657	(preceding year operating levy) for the year .... (preceding year)."
6658	6658	SECTION 317. 67.05 (3) (b) of the statutes is amended to read:
6659	6659	67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall
6660	6660	prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
6661	6661	referendum is held is not a city, village, or town, and the clerk of the jurisdiction in
6662	6662	which the referendum is held prepares the ballots, the clerk shall deliver the ballots
6663	6663	to the municipal clerk of each city, village, or town which is wholly or partly contained
6664	6664	within the jurisdiction in which the referendum is held. The form of the ballot shall
6665	6665	correspond with the form prescribed by the elections commission secretary of state
6666	6666	under ss. 5.64 (2) and 7.08 (1) (a).
6667	6667	SECTION 318. 67.05 (6) of the statutes is amended to read:
6668	6668	67.05 (6) REFERENDUM IN OTHER CASES. Whenever an initial resolution has been
6669	6669	adopted by the governing body of any municipality other than a county, a town, a city,
6670	6670	a village, a technical college district, a metropolitan sewerage district created under
6671	6671	ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake
6672	6672	protection and rehabilitation district, or a board of park commissioners, the clerk of
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6700	6700	SECTION 318
6701	6701	SENATE BILL 834
6702	6702	such municipality shall immediately record the resolution and call a special meeting
6703	6703	for the purpose of submitting it to the electors of the municipality for ratification or
6704	6704	rejection. The calling and conduct of the meeting shall be governed by those statutes,
6705	6705	so far as applicable, which govern the calling and conduct of special meetings in
6706	6706	general. The notice of the meeting, which shall be publicly read before the balloting
6707	6707	shall commence, and the ballot used, shall embody a copy of the resolution; the form
6708	6708	of the ballot shall correspond with the form prescribed by the elections commission
6709	6709	secretary of state under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall
6710	6710	be whether the resolution shall be approved.
6711	6711	SECTION 319. 85.61 (1) of the statutes is amended to read:
6712	6712	85.61 (1) The secretary of transportation and the administrator of the elections
6713	6713	commission secretary of state shall enter into an agreement to match personally
6714	6714	identifiable information on the official registration list maintained by the
6715	6715	commission secretary of state under s. 6.36 (1) and the information specified in s. 6.34
6716	6716	(2m) with personally identifiable information in the operating record file database
6717	6717	under ch. 343 and vehicle registration records under ch. 341 to the extent required
6718	6718	to enable the secretary of transportation and the administrator of the elections
6719	6719	commission secretary of state to verify the accuracy of the information provided for
6720	6720	the purpose of voter registration.
6721	6721	SECTION 320. 117.20 (2) of the statutes is amended to read:
6722	6722	117.20 (2) The clerk of each affected school district shall publish notice, as
6723	6723	required under s. 8.55, in the territory of that school district. The procedures for
6724	6724	school board elections under s. 120.06 (9), (11), (13), and (14) apply to a referendum
6725	6725	held under this section. The school board and school district clerk of each affected
6726	6726	school district shall each perform, for that school district, the functions assigned to
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6753	6753	SECTION 320 SENATE BILL 834
6754	6754	the school board and the school district clerk, respectively, under those subsections.
6755	6755	The form of the ballot shall correspond to the form prescribed by the elections
6756	6756	commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each
6757	6757	affected school district shall file with the secretary of the commission state a certified
6758	6758	statement prepared by the school district board of canvassers of the results of the
6759	6759	referendum in that school district.
6760	6760	SECTION 321. 117.27 (2) (b) (intro.) of the statutes is amended to read:
6761	6761	117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the
6762	6762	spring election a statement that the election ballot will include a question on the
6763	6763	change requested by the petition. The form of the ballot shall correspond to the form
6764	6764	prescribed by the elections commission secretary of state under ss. 5.64 (2) and 7.08
6765	6765	(1) (a) and the question on the ballot shall be:
6766	6766	SECTION 322. 121.91 (3) (c) of the statutes is amended to read:
6767	6767	121.91 (3) (c) A referendum under this subsection shall be held in accordance
6768	6768	with chs. 5 to 12. The school district clerk shall provide the election officials with all
6769	6769	necessary election supplies. The form of the ballot shall correspond substantially
6770	6770	with the standard form for referendum ballots prescribed by the elections
6771	6771	commission secretary of state under ss. 5.64 (2) and 7.08 (1) (a). The question
6772	6772	submitted shall be whether the limit under sub. (2m) may be exceeded by a specified
6773	6773	amount. If the resolution provides that any of the excess revenue will be used for a
6774	6774	nonrecurring purpose, the ballot in the election shall so state and shall specify the
6775	6775	amount that will be used for a nonrecurring purpose. The limit otherwise applicable
6776	6776	to the school district under sub. (2m) is increased by the amount approved by a
6777	6777	majority of those voting on the question.
6778	6778	SECTION 323. 165.93 (4) (a) of the statutes is amended to read:
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6806	6806	SECTION 323
6807	6807	SENATE BILL 834
6808	6808	165.93 (4) (a) The department shall certify to the elections commission
6809	6809	secretary of state, on a continuous basis, a list containing the name and address of
6810	6810	each organization that is eligible to receive grants under sub. (2).
6811	6811	SECTION 324. 198.08 (10) of the statutes is amended to read:
6812	6812	198.08 (10) ELECTION STATISTICS. The clerk of the district shall seasonably
6813	6813	obtain, compile, and file in his or her office, for the information of the public, a
6814	6814	statement showing the total number of votes cast for the office of governor in the last
6815	6815	preceding general election in each subdistrict of the district. The clerk of every
6816	6816	municipality and the elections commission secretary of state shall furnish such
6817	6817	information so far as obtainable from their records, duly certified, to the clerk of the
6818	6818	district upon request therefor by the clerk of the district. If the total number of votes
6819	6819	cast in any subdistrict for the office of governor in the last preceding election cannot,
6820	6820	because of an intervening change of boundaries of election wards or for any reason,
6821	6821	be ascertained from any official record the clerk of the district shall fairly estimate
6822	6822	such number for the purposes of such statement to be filed in his or her office.
6823	6823	SECTION 325. 200.09 (11) (am) 2. of the statutes is amended to read:
6824	6824	200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election
6825	6825	of commissioners sooner than 6 months after the date of passage. The metropolitan
6826	6826	sewerage district commission shall immediately notify the elections commission
6827	6827	secretary of state under s. 5.05 upon passage of a resolution under subd. 1.
6828	6828	SECTION 326. 200.09 (11) (am) 3. of the statutes is amended to read:
6829	6829	200.09 (11) (am) 3. If the governing bodies of each city, town, and village
6830	6830	comprising the district pass a resolution to discontinue election of commissioners,
6831	6831	each commissioner may hold office until a successor is appointed and qualified. The
6832	6832	metropolitan sewerage district commission shall immediately notify the elections
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6859	6859	SECTION 326 SENATE BILL 834
6860	6860	commission secretary of state under s. 5.05 upon passage of a resolution under this
6861	6861	subdivision.
6862	6862	SECTION 327. 227.03 (6) of the statutes is amended to read:
6863	6863	227.03 (6) Orders of the elections commission secretary of state under s. 5.06
6864	6864	(6) are not subject to this chapter.
6865	6865	SECTION 328. 227.52 (6) of the statutes is amended to read:
6866	6866	227.52 (6) Decisions of the chairperson of the elections commission secretary
6867	6867	of state or the chairperson's secretary's designee.
6868	6868	SECTION 329. 230.08 (2) (eL) of the statutes is repealed.
6869	6869	SECTION 330. 301.03 (20m) of the statutes is amended to read:
6870	6870	301.03 (20m) Transmit to the elections commission secretary of state, on a
6871	6871	continuous basis, a list containing the name of each living person who has been
6872	6872	convicted of a felony under the laws of this state and whose civil rights have not been
6873	6873	restored, together with his or her residential address and the date on which the
6874	6874	department expects his or her civil rights to be restored.
6875	6875	SECTION 331. 342.06 (1) (eg) of the statutes is amended to read:
6876	6876	342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual,
6877	6877	the social security number of the applicant. The department of transportation may
6878	6878	not disclose a social security number obtained under this paragraph to any person
6879	6879	except to the department of children and families for the sole purpose of
6880	6880	administering s. 49.22, to the department of workforce development for the sole
6881	6881	purpose of enforcing or administering s. 108.22, to the department of revenue for the
6882	6882	purposes of administering state taxes and collecting debt, and to the elections
6883	6883	commission secretary of state for the sole purpose of allowing the chief election officer
6884	6884	secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).
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6912	6912	SECTION 332
6913	6913	SENATE BILL 834
6914	6914	SECTION 332. 343.027 of the statutes is amended to read:
6915	6915	343.027 Confidentiality of signatures. Any signature collected under this
6916	6916	chapter may be maintained by the department and shall be kept confidential, except
6917	6917	that the department shall release a signature or a facsimile of a signature to the
6918	6918	department of revenue for the purposes of administering state taxes and collecting
6919	6919	debt, to the elections commission secretary of state, in electronic or digital format,
6920	6920	for the purposes specified in s. 6.30 (5), to the person to whom the signature relates,
6921	6921	to a court, district attorney, county corporation counsel, city, village, or town attorney,
6922	6922	to a law enforcement agency, or to the driver licensing agency of another jurisdiction.
6923	6923	SECTION 333. 343.11 (2m) of the statutes is amended to read:
6924	6924	343.11 (2m) Within 30 days following surrender of a license under sub. (1), the
6925	6925	department shall provide notice to the elections commission secretary of state of the
6926	6926	person's name and address, the name of the jurisdiction issuing the surrendered
6927	6927	license, and the date on which the license was surrendered.
6928	6928	SECTION 334. 343.14 (2j) of the statutes is amended to read:
6929	6929	343.14 (2j) Except as otherwise required to administer and enforce this
6930	6930	chapter, the department of transportation may not disclose a social security number
6931	6931	obtained from an applicant for a license under sub. (2) (bm) to any person except to
6932	6932	the department of children and families for the sole purpose of administering s.
6933	6933	49.22, to the department of workforce development for the sole purpose of enforcing
6934	6934	or administering s. 108.22, to the department of revenue for the purposes of
6935	6935	administering state taxes and collecting debt, to the driver licensing agency of
6936	6936	another jurisdiction, or to the elections commission secretary of state for the sole
6937	6937	purpose of allowing the chief election officer secretary of state to comply with the
6938	6938	terms of the agreement under s. 6.36 (1) (ae).
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6965	6965	SECTION 335 SENATE BILL 834
6966	6966	SECTION 335. 343.50 (8) (c) 3. of the statutes is amended to read:
6967	6967	343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department
6968	6968	may, upon request, provide to the elections commission secretary of state for the sole
6969	6969	purpose of allowing the chief election officer secretary of state to comply with the
6970	6970	terms of the agreement under s. 6.36 (1) (ae) any applicant information or
6971	6971	identification card holder information maintained by the department of
6972	6972	transportation and identified in s. 343.14 (2).
6973	6973	SECTION 336. 756.04 (2) (c) 1. of the statutes is amended to read:
6974	6974	756.04 (2) (c) 1. A list of registered voters from the elections commission
6975	6975	secretary of state.
6976	6976	SECTION 337. 778.135 of the statutes is amended to read:
6977	6977	778.135 Campaign finance, lobbying, and ethics forfeitures; how
6978	6978	recovered. Notwithstanding s. 778.13, whenever any action or proposed action by
6979	6979	the elections commission secretary of state under s. 5.05 (1) (c) or the ethics
6980	6980	commission under s. 19.49 (1) (b) is settled as a result of agreement between the
6981	6981	parties without approval of the court, the moneys accruing to the state on account
6982	6982	of such settlement shall be paid to the secretary of state or the ethics commission,
6983	6983	as appropriate, and deposited with the secretary of administration.
6984	6984	SECTION 338. 978.05 (1) of the statutes is amended to read:
6985	6985	978.05 (1) CRIMINAL ACTIONS. Except as otherwise provided by law, prosecute
6986	6986	all criminal actions before any court within his or her prosecutorial unit and have
6987	6987	sole responsibility for prosecution of all criminal actions arising from violations of
6988	6988	chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other
6989	6989	laws arising from or in relation to the official functions of the subject of the
6990	6990	investigation or any matter that involves elections, ethics, or lobbying regulation
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7018	7018	SECTION 338
7019	7019	SENATE BILL 834
7020	7020	under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be
7021	7021	committed by a resident of his or her prosecutorial unit, or if alleged to be committed
7022	7022	by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit
7023	7023	unless another prosecutor is substituted under s. 5.05 (2m) (i) or 19.49 (2) (h) or this
7024	7024	chapter or by referral of the elections commission secretary of state under s. 5.05 (2m)
7025	7025	(c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes
7026	7026	of this subsection, a person other than an individual is a resident of a prosecutorial
7027	7027	unit if the person's principal place of operation is located in that prosecutorial unit.
7028	7028	SECTION 339. 978.05 (2) of the statutes is amended to read:
7029	7029	978.05 (2) FORFEITURES. Except as otherwise provided by law, prosecute all
7030	7030	state forfeiture actions, county traffic actions and actions concerning violations of
7031	7031	county ordinances which are in conformity with state criminal laws in the courts
7032	7032	within his or her prosecutorial unit and have joint responsibility, together with the
7033	7033	elections commission secretary of state and the ethics commission, for prosecution
7034	7034	of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or
7035	7035	subch. III of ch. 19 and from violations of other laws arising from or in relation to the
7036	7036	official functions of the subject of the investigation or any matter that involves
7037	7037	elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or
7038	7038	subch. III of ch. 19 that are alleged to be committed by a resident of his or her
7039	7039	prosecutorial unit, or if alleged to be committed by a nonresident of this state, that
7040	7040	are alleged to occur within his or her prosecutorial unit unless another prosecutor
7041	7041	is substituted under s. 5.05 (2m) (h) or 19.49 (2) (g) or this chapter or by referral of
7042	7042	the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the
7043	7043	ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection,
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7069	7069	SECTION 339 SENATE BILL 834
7070	7070	a person other than an individual is a resident of a prosecutorial unit if the person's
7071	7071	principal place of operation is located in that prosecutorial unit.
7072	7072	SECTION 340.0Nonstatutory provisions.
7073	7073	(1) AUDIT REPORT RECOMMENDATIONS. The secretary of state and the secretary's
7074	7074	employees shall, to the extent practicable within their responsibilities, implement
7075	7075	the recommendations contained in the legislative audit bureau's Report 21-19
7076	7076	regarding the past performance of the elections commission. The secretary of state
7077	7077	shall report the progress in implementing those recommendations to the legislature
7078	7078	no later than December 31, 2023.
7079	7079	(2) ASSETS AND LIABILITIES. On the effective date of this subsection, all assets
7080	7080	and liabilities of the elections commission are transferred to the secretary of state.
7081	7081	(3) POSITIONS AND EMPLOYEES.
7082	7082	(a) On the effective date of this paragraph, all full-time equivalent positions
7083	7083	of the elections commission are transferred to the secretary of state.
7084	7084	(b) All incumbent employees holding positions at the elections commission on
7085	7085	the effective date of this paragraph, except the incumbent employee holding the
7086	7086	position of administrator, are transferred on the effective date of this paragraph to
7087	7087	the secretary of state.
7088	7088	(c) Employees transferred under par. (b) have all the rights and the same status
7089	7089	under subch. V of ch. 111 at the office of the secretary of state that they enjoyed at
7090	7090	the elections commission immediately before the transfer. Notwithstanding s.
7091	7091	230.28 (4), no employee so transferred who has attained permanent status in class
7092	7092	is required to serve a probationary period.
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7118	7118	SECTION 340
7119	7119	SENATE BILL 834
7120	7120	(4) TANGIBLE PERSONAL PROPERTY. On the effective date of this subsection, all
7121	7121	tangible personal property, including records, of the elections commission is
7122	7122	transferred to the secretary of state.
7123	7123	(5) CONTRACTS. All contracts entered into by the elections commission that are
7124	7124	in effect on the effective date of this subsection shall remain in effect and are
7125	7125	transferred to the secretary of state, except that no such contract may be extended,
7126	7126	modified, or renewed. The secretary of state shall carry out all contractual
7127	7127	obligations under each contract until the contract expires or is rescinded by the
7128	7128	secretary of state to the extent allowed under the contract.
7129	7129	(6) ORDERS AND FORMAL OPINIONS. All formal opinions and orders issued by the
7130	7130	elections commission that are in effect on the effective date of this subsection are
7131	7131	transferred to the secretary of state and shall remain in effect until the secretary of
7132	7132	state repeals an order or changes or withdraws a formal opinion.
7133	7133	(7) PENDING MATTERS. All matters pending with the elections commission on the
7134	7134	effective date of this subsection are transferred to the secretary of state, and all
7135	7135	materials submitted to or actions taken by the elections commission with respect to
7136	7136	any pending matter are considered as having been submitted to or taken by the
7137	7137	secretary of state.
7138	7138	(8) TRANSITION. Notwithstanding s. 15.61, 2019 stats., the terms of office of all
7139	7139	members of the elections commission holding office on the effective date of this
7140	7140	subsection shall expire on the effective date of this subsection.
7141	7141	(9) IMPLEMENTATION PLAN. The individual who is serving as the administrator
7142	7142	of the elections commission on the date of publication of this act shall work in concert
7143	7143	with the secretary of state to ensure a smooth transition and shall participate in
7144	7144	formulating an implementation plan.
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7171	7171	SECTION 341 SENATE BILL 834
7172	7172	SECTION 341.0Effective dates. This act takes effect on January 4, 2027, except
7173	7173	as follows:
7174	7174	(1) SECTION 340 (9) of this act takes effect on the day after publication.
7175	7175	(END)
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