SB 942 — Relating to: state agency compliance with election laws. (FE)

-Date 2022of LEGISLATUREenactment: LRB-5279/1 MPG:skw SENATE BILL 942 February 3, 2022 - Introduced by Senators STROEBEL and D ARLING, cosponsored by Representatives P ETERSEN , ARMSTRONG , BEHNKE , BROOKS , CABRAL-G UEVARA, GUNDRUM , KRUG, KUGLITSCH , MAGNAFICI, SANFELIPPO, WICHGERS and M URPHY.

ReferredSenate toBill Committee942 onDate Elections,of Electionpublication*: Process Reform and Ethics.

WISCONSIN ACT A N A CT to create 5.05 (21), 13.101 (18) and 16.004 (22) of the statutes;

AnalysisThe bypeople the Legislative Reference Bureau This bill requires the Elections Commission to submit an annual report to the Joint Committee on Finance and the secretary of administration that describes in detail all failures of the commissionstate and the Departments of Transportation,Wisconsin, Corrections,represented and Health Services to comply with certain elections-related laws specified in the2. bill.

AfterLapse receivingmoneys thatto report, the secretarygeneral offund administrationfrom mustone submitor asenate requestand toassembly, JCFdo thatenact includesas allfollows: of the following:

1.more appropriation accounts under ss.

A20.410 request(1) to(a), abolish20.435 one(1) or(a), more full-time equivalent positions or portions thereof in the Elections Commission and DOT,20.510 DOC,(1) and(a). DHS or to maintain the existing level of authorized full-time equivalent positions in the commission or department or departments.

2.

A request to lapse moneys to the general fund or transportation fund from one or more appropriations of the Elections Commission and DOT, DOC, and DHS, as specified in the bill.

Upon receiving that request from the secretary of administration, JCF may abolish one or more full-time equivalent positions or lapse moneys from one or more appropriations of the Elections Commission and DOT, DOC, and DHS if JCF finds that the commission or department or departments failed to comply with any election law, including those specified in the bill, or that the commission provided erroneous guidance to municipal clerks or other election officials.

JCF may lapse from an appropriation specified in the bill up to $50,000 for each day of noncompliance or provision of erroneous guidance, as determined by JCF.

- 2022 Legislature - 2 - LRB-5279/1 MPG:skw SENATE BILL 942 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:

5.05(21)3. C OMPLIANCE REPORTS.

NoLapse latermoneys than 15 days after each spring election, the commission shall submit a report to the jointtransportation committeefund onfrom finance and the secretaryappropriation ofaccount administrationunder thats. describes in detail all of the following:

(a) All failures in the preceding 12 months of the department of transportation to comply with s.

85.61 (1).

(b) All failures in the preceding 12 months of the department of corrections to comply with s.

301.03 (20m).

(c) All failures in the preceding 12 months of the department of health services or state registrar to comply with s.

69.03 (16).

(d) All failures in the preceding 12 months of the commission to comply with s.

6.36 (1) (ae) 3.

SECTION 2.

13.101 (18) of the statutes is created to read:

13.101 (18) (a) Upon receiving a request submitted under s.

16.004 (22), and subject to par.

(b), the committee may take any of the following actions with respect to the elections commission and the departments of transportation, corrections, and health services:

1.

Abolish one or more full-time equivalent positions or portions thereof.

2.

Lapse moneys to the general fund from one or more appropriation accounts under ss.

20.410 (1) (a), 20.435 (1) (a), and 20.510 (1) (a).

LRB-5279/1 - 2022 Legislature - 3 - MPG:skw SECTION 2 SENATE BILL 942 3.

Lapse moneys to the transportation fund from the appropriation account under.

s.

(b)5.05 The(21) committeeC mayOMPLIANCE takeREPORTS. an action under par.

(a)No withlater respectthan to15 thedays departmentsafter ofeach transportation,spring corrections,election, and health services if the committeecommission findsshall thatsub- the(b) departmentThe orcommittee departmentsmay failedtake toan complyaction withunder applicablepar. election laws, including those specified in s.

5.05(a) (21)mit (a),a (b),report to the joint committee on finance and (c).the sec- with respect to the departments of transportation, correc- retary of administration that describes in detail all of the tions, and health services if the committee finds that the following:

Thedepartment committeeor maydepartments takefailed anto actioncomply underwith par.appli- (a) All failures in the preceding 12 months of the cable election laws, including those specified in s.