Bill Summary – FastDemocracy

- 2022 LEGISLATURE
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                   2021 ASSEMBLY BILL 981
     February 15, 2022 - Introduced by Representatives RAMTHUN and THIESFELDT.
         Referred to Committee on Campaigns and Elections.
 AN ACT to repeal 5.025, 5.05 (1e), 5.05 (2m) (c) 5. a. to c., 5.05 (2m) (d) 1., 5.93,
      7.41 (5), 12.01 (2), 15.06 (1) (d), 15.06 (2) (b) 1., 15.06 (3) (a) 5., 15.61, 19.42 (10)
      (a), 19.42 (13) (p), 20.510 (intro.) and (1) (title) and 230.08 (2) (eL); to renumber
      15.06 (2) (b) 2., 20.510 (1) (bm), 20.510 (1) (br), 20.510 (1) (c), 20.510 (1) (d),
      20.510 (1) (e), 20.510 (1) (jn), 20.510 (1) (m), 20.510 (1) (t) and 20.510 (1) (x); to
      renumber and amend 5.05 (2m) (c) 5. (intro.), 5.05 (2m) (d) 2., 20.510 (1) (a),
      20.510 (1) (be), 20.510 (1) (g), 20.510 (1) (h) and 20.510 (1) (jm); to consolidate,
      renumber and amend 12.01 (intro.) and (1); and to amend 5.01 (4) (a), 5.05
      (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (2m) (a), 5.05 (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 (2m) (c) 10., 5.05
      (2m) (c) 11., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13., 5.05 (2m) (c) 14., 5.05 (2m) (c) 15.,
      5.05 (2m) (c) 16., 5.05 (2m) (c) 17., 5.05 (2m) (c) 18., 5.05 (2m) (e), 5.05 (2m) (f)
      (intro.), 5.05 (2m) (f) 1., 5.05 (2m) (f) 2., 5.05 (2m) (h), 5.05 (2m) (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 (5f), 5.05 (5s)
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     ASSEMBLY BILL 981
      (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f), 5.05 (5t), 5.05 (6a),
      5.05 (7), 5.05 (9), 5.05 (10), 5.05 (11), 5.05 (12), 5.05 (13) (a), 5.05 (13) (b), 5.05
      (13) (c), 5.05 (13) (d) (intro.), 5.05 (14), 5.05 (15), 5.05 (16), 5.05 (17), 5.05 (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), 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 (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), 5.51
      (8), 5.58 (1b) (bm), 5.58 (1b) (cm), 5.58 (2), 5.58 (2m), 5.60 (1) (b), 5.60 (3) (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) (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 (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, 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.), 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, 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.), 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 (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), 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 (2),
      6.50 (2g), 6.50 (2r) (intro.), 6.50 (2r) (b), 6.50 (2r) (h), 6.50 (7), 6.55 (2) (a) (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 (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 (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 (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 (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) (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 (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), 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), 8.07,
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     ASSEMBLY BILL 981
      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 (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 (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) (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) 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
      (8) (c), 9.01 (8) (d), 9.01 (10), 10.01 (1), 10.01 (2) (intro), 10.02 (1), 10.02 (2) (c),
      10.02 (3) (intro.), 10.06 (1), 10.06 (2) (a), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (h),
      10.06 (2) (k), 12.13 (5) (a), 12.13 (5) (b) (intro.), 12.13 (5) (b) 3., 13.123 (3) (b) 2.,
      13.23, 14.38 (10m), 15.01 (2), 15.06 (5), 15.06 (6), 15.06 (10), 16.79 (2), 16.96 (3)
      (b), 17.17 (1), 17.17 (4), 19.43 (4), 19.85 (1) (h), 19.851 (title), 19.851 (1), 20.505
      (1) (d), 20.575 (1) (g), 20.575 (1) (ka), 38.16 (3) (br) 3., 49.165 (4) (a), 59.605 (3)
      (a) 3., 67.05 (3) (b), 67.05 (6), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91
      (3) (c), 165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03
      (6), 227.52 (6), 301.03 (20m), 342.06 (1) (eg), 343.027, 343.11 (2m), 343.14 (2j),
      343.50 (8) (c) 3., 756.04 (2) (c) 1., 778.135, 978.05 (1) and 978.05 (2) of the
      statutes; relating to: dissolving the Elections Commission and requiring the
      secretary of state to administer elections.
                        Analysis by the Legislative Reference Bureau
           This bill dissolves the Elections Commission and requires the secretary of state
     to assume the duties of the commission, effective June 30, 2023. Under the bill, the
     administrator of the commission must work with the secretary of state to ensure a
     smooth transition from the commission to the office of the secretary of state and to
     formulate an implementation plan. Under the bill, all assets, liabilities, and tangible
     personal property of the commission are transferred to secretary of state. In
     addition, all incumbent employees holding positions at the commission on the bill's
     effective date, other than the administrator, are transferred to the office of the
     secretary of state. The bill also requires the secretary of state, upon assuming the
     duties of the Elections Commission, to implement the recommendations contained
     in the Legislative Audit Bureau's Report 21-19 regarding the past performance of
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     ASSEMBLY BILL 981
     the commission related to elections held in 2020. The secretary must report the
     progress in implementing those recommendations to the legislature no later than
     December 31, 2023.
          For further information see the state fiscal estimate, which will be printed as
     an appendix to this bill.
     The people of the state of Wisconsin, represented in senate and assembly, do
         enact as follows:
      SECTION 1. 5.01 (4) (a) of the statutes is amended to read:
      5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
 an equal number of votes, the winner shall be chosen by lot in the presence of the
 board of canvassers charged with the responsibility to determine the election, or in
 the case of an election for state or national office or metropolitan sewerage
 commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
 presence of the chairperson of the elections commission secretary of state or the
 chairperson's secretary's designee.
      SECTION 2. 5.025 of the statutes is repealed.
      SECTION 3. 5.05 (title) of the statutes is amended to read:
      5.05 (title) Elections commission Secretary of state; powers and duties.
      SECTION 4. 5.05 (1) (intro.) of the statutes is amended to read:
      5.05 (1) GENERAL    AUTHORITY.   (intro.) The elections commission secretary of
 state shall have the responsibility for the administration of chs. 5 to 10 and 12 and
 other laws relating to elections and election campaigns, other than laws relating to
 campaign financing. Pursuant to such responsibility, the commission secretary of
 state and the office of the secretary of state may:
      SECTION 5. 5.05 (1) (b) of the statutes is amended to read:
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     ASSEMBLY BILL 981                                                            SECTION 5
      5.05 (1) (b) In the discharge of its the duties of the secretary of state and after
 providing notice to any party who is the subject of an investigation, subpoena and
 bring before it the secretary any person and require the production of any papers,
 books, or other records relevant to an investigation. Notwithstanding s. 885.01 (4),
 the issuance of a subpoena requires action by the commission at a meeting of the
 commission. In the discharge of its his or her duties, the commission secretary may
 cause the deposition of witnesses to be taken in the manner prescribed for taking
 depositions in civil actions in circuit court.
      SECTION 6. 5.05 (1) (c) of the statutes is amended to read:
      5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
 to 10 or 12. The commission secretary of state may compromise and settle any civil
 action or potential action brought or authorized to be brought by it the secretary
 which, in the his or her opinion of the commission, constitutes a minor violation, a
 violation caused by excusable neglect, or which for other good cause shown, should
 not in the public interest be prosecuted under such chapter. Notwithstanding s.
 778.06, a civil action or proposed civil action authorized under this paragraph may
 be settled for such sum as may be agreed between the parties. Any settlement made
 by the commission secretary shall be in such amount as to deprive the alleged
 violator of any benefit of his or her wrongdoing and may contain a penal component
 to serve as a deterrent to future violations. In settling civil actions or proposed civil
 actions, the commission secretary shall treat comparable situations in a comparable
 manner and shall assure that any settlement bears a reasonable relationship to the
 severity of the offense or alleged offense. Except as otherwise provided in sub. (2m)
 (c) 15. and 16. and ss. 5.08 and 5.081, forfeiture actions brought by the commission
 secretary shall be brought in the circuit court for the county where the defendant
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     ASSEMBLY BILL 981                                                               SECTION 6
 resides, or if the defendant is a nonresident of this state, in circuit court for the county
 wherein the violation is alleged to occur. For purposes of this paragraph, a person
 other than an individual resides within a county if the person's principal place of
 operation is located within that county. Whenever the commission secretary enters
 into a settlement agreement with an individual who is accused of a civil violation of
 chs. 5 to 10 or 12 or who is investigated by the commission office of the secretary of
 state for a possible civil violation of one of those provisions, the commission secretary
 shall reduce the agreement to writing, together with a statement of the commission's
 secretary's findings and reasons for entering into the agreement and shall retain the
 agreement and statement in its the office of the secretary of state for inspection.
      SECTION 7. 5.05 (1e) of the statutes is repealed.
      SECTION 8. 5.05 (2m) (a) of the statutes is amended to read:
      5.05 (2m) (a) The commission office of the secretary of state shall investigate
 violations of laws administered by the commission secretary and may prosecute
 alleged civil violations of those laws, directly or through its agents under this
 subsection, pursuant to all statutes granting or assigning that authority or
 responsibility to the commission secretary.           Prosecution of alleged criminal
 violations investigated by the commission office of the secretary of state may be
 brought only as provided in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For
 purposes of this subsection, the commission office of the secretary of state may only
 initiate an investigation of an alleged violation of chs. 5 to 10 and 12, other than an
 offense described under par. (c) 12., based on a sworn complaint filed with the
 commission secretary of state, as provided under par. (c). Neither the commission
 secretary of state nor any member or employee of the commission, including the
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     ASSEMBLY BILL 981                                                            SECTION 8
 commission administrator, office of the secretary of state may file a sworn complaint
 for purposes of this subsection.
      SECTION 9. 5.05 (2m) (c) 2. of the statutes is amended to read:
      5.05 (2m) (c) 2. a. Any person may file a complaint with the commission
 secretary of state alleging a violation of chs. 5 to 10 or 12. No later than 5 days after
 receiving a complaint, the commission secretary shall notify each person who or
 which the complaint alleges committed such a violation. Before voting on whether
 to take any action regarding the complaint, other than to dismiss, the commission
 The secretary shall give each person receiving a notice under this subd. 2. a. an
 opportunity to demonstrate to the commission secretary, in writing and within 15
 days after receiving the notice, that the commission secretary should take no action
 against the person on the basis of the complaint. The commission office of the
 secretary of state may not conduct any investigation or take any other action under
 this subsection solely on the basis of a complaint by an unidentified complainant.
      am. If the commission office of the secretary of state finds, by a preponderance
 of the evidence, that a complaint is frivolous, the commission secretary of state may
 order the complainant to forfeit not more than the greater of $500 or the expenses
 incurred by the commission office in investigating the complaint.
      SECTION 10. 5.05 (2m) (c) 4. of the statutes is amended to read:
      5.05 (2m) (c) 4. If the commission office of the secretary of state reviews a
 complaint and fails to find that there is a reasonable suspicion that a violation under
 subd. 2. has occurred or is occurring, the commission secretary of state shall dismiss
 the complaint. If the commission office believes that there is reasonable suspicion
 that a violation under subd. 2. has occurred or is occurring, the commission secretary
 may by resolution authorize the commencement of an investigation. The resolution
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     ASSEMBLY BILL 981                                                          SECTION 10
 shall specifically set forth any matter that is authorized to be investigated. To assist
 in the investigation, the commission secretary may elect to retain a special
 investigator.   If the commission elects to retain a special investigator, the
 administrator of the commission shall submit to the commission the names of 3
 qualified individuals to serve as a special investigator. The commission may retain
 one or more of the individuals. If the commission secretary retains a special
 investigator to investigate a complaint against a person who is a resident of this
 state, the commission secretary shall provide to the district attorney for the county
 in which the person resides a copy of the complaint and shall notify the district
 attorney that it he or she has retained a special investigator to investigate the
 complaint. For purposes of this subdivision, a person other than an individual
 resides within a county if the person's principal place of operation is located within
 that county. The commission secretary shall enter into a written contract with any
 individual who is retained as a special investigator setting forth the terms of the
 engagement. A special investigator who is retained by the commission secretary may
 request the commission secretary to issue a subpoena to a specific person or to
 authorize the special investigator to request the circuit court of the county in which
 the specific person resides to issue a search warrant. The commission may grant the
 request by approving a motion to that effect at a meeting of the commission if the
 commission finds that such action is legally appropriate.
      SECTION 11. 5.05 (2m) (c) 5. (intro.) of t