LRB-2774/1
RJM/JTK/MGD:wlj&cs:jf
2001 - 2002 LEGISLATURE
March 28, 2001 - Introduced by Senators Moore, Burke, Shibilski, M. Meyer,
Plache
and Hansen, cosponsored by Representatives Travis, Pocan, Young,
Bock, Turner, Colon, Black, J. Lehman, Morris-Tatum, Riley
and Richards.
Referred to Committee on Universities, Housing, and Government
Operations.
SB110,2,4 1An Act to repeal 6.78 (1), 6.78 (2) and 6.78 (3); to renumber 7.33 (5) and 973.09
2(4); to renumber and amend 6.78 (intro.), 973.033 and 973.034; to amend
35.02 (15), 5.05 (1) (e), 5.25 (4) (a), 5.25 (4) (c), 5.35 (5), 5.35 (6) (a) (intro.), 5.35
4(6) (a) 3., 6.28 (1), 6.29 (1), 6.32 (3), 6.33 (1), 6.33 (2) (b), 6.40 (1) (a), 6.40 (1) (c),
56.55 (2) (d), 6.56 (1), 6.77 (1), 6.79 (2), 6.86 (1) (a) 5., 6.86 (1) (ar), 6.87 (3) (a),
66.88 (3) (a), 7.03 (1) (d), 7.15 (1) (e), 7.30 (2) (a), 7.30 (2) (b), 7.30 (6) (c), 7.33 (3),
77.33 (4), 7.37 (2), 7.41 (1), 7.41 (2), 7.41 (3) (intro.), 7.41 (3) (a), 7.41 (3) (b), 12.03
8(title), 12.03 (1), 12.07 (2), 12.13 (3) (x), 17.29, 19.32 (1c), 20.921 (2) (b), 67.05
9(3) (f), 111.93 (3), 120.06 (9) (a), 303.09 (1), 303.09 (2), 946.42 (1) (a), 946.425 (1r)
10(a), 946.425 (1r) (b), 946.425 (2), 968.255 (7) (d), 973.09 (1) (d) (intro.), 973.09
11(7m) (a), 973.11 (1) (b) and 977.05 (6) (g) 2.; to repeal and recreate 6.28 (title);
12and to create 5.35 (6) (a) 4., 6.285, 6.873, 7.08 (5), 7.33 (5) (b), 12.03 (1m), 12.03
13(2m), 302.117, 973.09 (4) (b) and 973.176 (title) and (2) of the statutes; relating
14to:
polling hours, time off from work for service as an election official, training

1of election officials, voting by felons and immigrants, requiring studies and
2recommendations with regard to voter registration and multilingual voting
3needs, establishing satellite stations for purposes of conducting voter
4registration and absentee voting, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Absentee voting and voter registration at satellite locations
This bill makes several changes to the election laws and requires studies and
recommendations with regard to certain election-related issues. The changes
include:
Currently, unless an elector votes by absentee ballot, the elector must appear
at the polling place serving his or her residence to vote. Polling places are staffed by
inspectors who, with limited exceptions, are appointed from nominations submitted
by the party committeemen or committeewomen of the two major political parties.
If nominations are not submitted, inspectors may be appointed without regard to
party affiliation. With limited exceptions, inspectors must be residents of the area
served by the polling place where they are employed. Inspectors are public officers
who serve for two-year terms and must file an oath of office. Inspectors must be
compensated by the municipality where they serve.
Current law permits any qualified elector who for any reason is unable or
unwilling to appear at his or her polling place to vote by absentee ballot. With certain
limited exceptions, the elector must apply for and obtain an absentee ballot from the
appropriate municipal clerk or board of election commissioners by 5 p.m. on the day
before the election. The elector may cast the absentee ballot either by mail or in
person at the office of the municipal clerk or board of election commissioners of the
municipality where the elector resides. Current law also contains a special
procedure that permits certain residents of nursing or retirement homes or
community-based residential facilities to apply for and obtain an absentee ballot
from a special voting deputy who is appointed by the municipal clerk or board of
election commissioners and who personally visits the home or facility. These electors
give their absentee ballots directly to the special voting deputy, who then delivers the
ballots to the municipal clerk or board of election commissioners.
With certain limited exceptions, this bill authorizes the municipal clerk or
board of election commissioners of any municipality to designate any location as a
temporary, satellite station for absentee voting by electors of the municipality. The
location may be inside a building or outdoors and need not be contained in a room
separated from other activities. The bill permits any qualified elector of a
municipality to obtain and cast an absentee ballot at a satellite station. A satellite
station may be open for absentee voting at any time, but only after the official
absentee ballots are prepared and before 5 p.m. on the day before the election.

Under the bill, a satellite station must be staffed by at least one special voting
deputy who is appointed on a nonpartisan basis by the municipal clerk or board of
election commissioners. The bill permits any qualified elector of the state to be
appointed as a special voting deputy. The bill specifies certain minimum
qualifications for the special voting deputy, such as knowledge of the English
language. The municipal clerk or board of election commissioners must instruct the
special voting deputy in his or her duties. The special voting deputy may be
compensated at the option of the applicable municipality. The special voting deputy
is required to supervise the proceedings at the satellite station to which he or she is
assigned and to enforce certain election laws that apply to the satellite station. The
special voting deputy is under the supervision of the municipal clerk or board of
election commissioners. Under the bill, a special voting deputy is a public officer and
must file an oath of office.
If voter registration is required in the municipality, the bill also requires the
municipal clerk or board of election commissioners to appoint at least one special
registration deputy to staff each satellite station. The bill specifies certain minimum
qualifications for the special registration deputy. The bill permits an elector to
register at any satellite station at any time during which the station is open for
absentee voting. With certain limited exceptions, the elector must follow the
registration procedure that would otherwise apply to the elector under current law.
The bill applies certain provisions of current law relating to the operation of
polling places to a satellite station established under the bill. For example, the bill
requires a satellite station to meet current standards with regard to the accessibility
of polling places and requires the posting of information at a satellite station that is
generally the same as the information required to be posted at a polling place.
However, whereas current law prohibits electioneering on public property within
100 feet of the entrance to a polling place, this bill generally prohibits electioneering
in any building in which a satellite station is located at any time during which the
satellite station is open. Also, if a satellite station is located outside of a building, the
bill generally prohibits electioneering within 100 feet of the satellite station at any
time during which the satellite station is open. The restriction does not apply on
private property that is not owned or controlled by the same person as the property
where the satellite station is located and does not apply to bumper stickers.
Polling hours
Under current law, the polls at an election in a first, second, or third class city
must generally be open from 7 a.m. to 8 p.m. In a village, town, or fourth class city
the polls must be open from 9 a.m. to 8 p.m., unless the village, town, or city
determines to extend the opening hour to not earlier than 7 a.m. In addition, under
current law, certain school district elections are not subject to either of these polling
hour requirements. This bill requires the polls at every election to be open from 7
a.m. to 8 p.m. in all municipalities.
Leave for service as an election official
Currently, every public and private employer must grant an employee a leave
for service as an election official. In addition, state employees are entitled to time
off without loss of pay, fringe benefits, or seniority privileges for service as an election

official. Currently, when a state employee receives a leave of absence for service as
an election official, the amount of the employee's pay for that service is deducted from
the employee's regular paycheck for the leave period. This law applies to state
employees who are members of collective bargaining units to the extent provided in
any applicable collective bargaining agreement. If a public employee is a member
of a collective bargaining unit, the employer must first bargain in good faith with any
representative of that unit before making a change in leave policy.
This bill provides that the law entitling state employees to a leave, without loss
of pay, fringe benefits, or seniority privileges, for service as an election official and
requiring a paycheck deduction for the amount received for that service applies
automatically to represented state employees unless otherwise provided in a
collective bargaining agreement.
The bill also provides that if a local government employer grants a local
government employee a leave of absence for service as an election official, the local
government either must deduct the amount that the employee receives for that
service from the employee's regular paycheck for the leave period or, if the employee's
service was for that same local governmental employer, must require the employee
to assign to the local governmental employer the employee's interest in any
compensation for that service. The change applies to both represented and
nonrepresented employees irrespective of any applicable collective bargaining
agreement. However, the change does not apply to employees who are members of
a collective bargaining unit covered by a current collective bargaining agreement
until the expiration, extension, modification, or renewal of any collective bargaining
agreement containing inconsistent provisions, whichever first occurs. The bill also
specifies that these provisions relating to leave for service as an election official do
not apply to service at a satellite station established under the bill.
Voting by felons and immigrants
Current law requires a court to provide a defendant certain information at
sentencing. For example, when a court sentences a person or places a person on
probation for a felony, the court must inform the person that he or she is prohibited
from possessing a firearm. Under this bill, whenever a court imposes a sentence or
places a person on probation for a conviction that disqualifies the person from voting,
the court must inform the person of that disqualification. The bill also requires the
department of corrections to inform the person of the disqualification if the person
is released to parole or extended supervision or, if the person is confined as a
condition of probation, upon the person's release to probation.
In addition, this bill requires the standard voter registration form to include a
notice advising each registering elector of the law with regard to the voting eligibility
of felons and requires each registering elector to certify that, to the best of the
elector's knowledge, he or she is a qualified elector. The bill also requires every
municipality to post a uniform sign on election day at the entrance to each polling
place that advises electors of the voting eligibility requirements under the laws of
this state, including the voting eligibility requirements applicable to felons and
immigrants.

Under current law, the municipal clerk is required to supervise elections and
registration in each applicable municipality. Among other things, the municipal
clerk must instruct election officials in their duties. This bill specifies that the
municipal clerk must also instruct election officials with regard to the voting
eligibility requirements under the laws of this state, including the voting eligibility
requirements applicable to felons and immigrants.
Elections board studies and recommendations
Under current law, every municipality with a population of greater than 5,000
is required to maintain a voter registration list. This bill directs the elections board
to study the costs, benefits, and feasibility of and to prepare recommendations with
regard to requiring voter registration in every municipality. If the board
recommends statewide voter registration, the board must also study the costs,
benefits, and feasibility of and prepare recommendations with regard to creating and
maintaining a statewide voter registration list. This study must address several
issues, which are specified in the bill. The board must submit the results of the
studies and all recommendations to the legislature for distribution to the
appropriate standing committees of both houses no later than approximately nine
months after the bill becomes law.
Special legislative committee for the study of multi-lingual voting needs
Under current law, ballots for elections held in this state are printed in English,
and election inspectors (poll workers) generally must be literate in English. This bill
creates a special legislative committee to study multilingual voting needs in this
state. The bill specifies the qualifications for membership on the committee. The bill
requires the committee to study whether federal law requires the use of ballots
printed in languages other than English or requires the use of bilingual or
multilingual inspectors in this state and, if so, the extent to which the federal law is
being followed. The committee must also study whether and the extent to which the
exclusive use of English language ballots and inspectors who are literate only in
English prevents electors who are members of particular language minorities in this
state and who have no ability, or limited abilities, to speak English from voting. By
approximately nine months after the bill becomes law, the committee must submit
to the legislature its findings and must submit recommendations with regard to
maximizing voting in this state by these electors. Under the bill, the committee
terminates after making this submission.
For further information see the state and local 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:
SB110, s. 1 1Section 1. 5.02 (15) of the statutes is amended to read:
SB110,6,5
15.02 (15) "Polling place" means the actual location wherein the elector's vote
2is cast. "Polling place" does not include a satellite absentee voting station designated
3under s. 6.873 (1) or a nursing home, qualified retirement home, or qualified
4community-based residential facility where absentee voting is conducted under s.
56.875 (6).
SB110, s. 2 6Section 2. 5.05 (1) (e) of the statutes is amended to read:
SB110,6,167 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena
8under par. (b), apply for a search warrant under par. (b), commence an action under
9par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
105.06, exempt a polling place or exempt a satellite absentee voting station designated
11under s. 6.873 (1)
from accessibility requirements under s. 5.25 (4) (a), exempt a
12municipality from the requirement to use voting machines or an electronic voting
13system under s. 5.40 (5m), approve an electronic data recording system for
14maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
15who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
16limitations as the board deems appropriate.
SB110, s. 3 17Section 3. 5.25 (4) (a) of the statutes is amended to read:
SB110,6,2018 5.25 (4) (a) Each polling place and each satellite absentee voting station
19designated under s. 6.873 (1)
shall be accessible to elderly and handicapped
20individuals.
SB110, s. 4 21Section 4. 5.25 (4) (c) of the statutes is amended to read:
SB110,6,2422 5.25 (4) (c) The board may exempt a polling place or may exempt a satellite
23absentee voting station designated under s. 6.873 (1)
from the requirement of par.
24(a) in accordance with guidelines prescribed by rule of the board.
SB110, s. 5 25Section 5. 5.35 (5) of the statutes is amended to read:
SB110,7,7
15.35 (5) Activities restricted. No polling place or satellite absentee voting
2station designated under s. 6.873 (1)
may be situated so as to interfere with or
3distract election officials from carrying out their duties. The municipal clerk and
4election inspectors shall prevent interference with and distraction of electors at
5polling places, and the special voting deputies shall prevent interference with and
6distraction of electors at satellite absentee voting stations designated under s. 6.873
7(1)
.
SB110, s. 6 8Section 6. 5.35 (6) (a) (intro.) of the statutes is amended to read:
SB110,7,139 5.35 (6) (a) (intro.) At each polling place and at each satellite absentee voting
10station designated under s. 6.873 (1)
in the state, the municipal clerk or board of
11election commissioners shall post ensure that all of the following materials are
12posted
, positioned so that they may be readily observed by electors entering the
13polling place, approaching the satellite station, or waiting in line to vote:
SB110, s. 7 14Section 7. 5.35 (6) (a) 3. of the statutes is amended to read:
SB110,7,1715 5.35 (6) (a) 3. Two sample ballots prepared under s. 5.66 (2), in the case of a
16polling place, and one sample ballot prepared under s. 5.66 (2), in the case of a
17satellite absentee voting station designated under s. 6.873 (1)
.
SB110, s. 8 18Section 8. 5.35 (6) (a) 4. of the statutes is created to read:
SB110,7,1919 5.35 (6) (a) 4. A sign containing all information required under s. 7.08 (5).
SB110, s. 9 20Section 9. 6.28 (title) of the statutes is repealed and recreated to read:
SB110,7,21 216.28 (title) Open registration.
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