2003 WISCONSIN ACT 265
An Act to repeal 5.25 (4) (c), 6.15 (3) (a) (title), 6.15 (3) (b) (title), 6.24 (8), 6.33 (3), 6.35 (2), 6.35 (5) and (6), 6.40 (1) (b), 6.50 (2m), 6.50 (9), 6.79 (1), 6.79 (5), 6.79 (6) (a) and 120.06 (5); to renumber 5.87, 6.79 (2) and 6.865; to renumber and amend 6.15 (3) (a) 1., 2. and 3., 6.15 (3) (b), 6.40 (1) (a), 6.79 (intro.) (except 6.79 (title)) and 6.79 (6) (b); to amend 5.02 (17), 5.05 (11), 5.25 (4) (a), 5.40 (6), 5.55 (title), 6.15 (2) (title), 6.15 (2) (a) (intro.), 6.15 (4) (d), 6.20, 6.24 (3), 6.24 (4) (a), 6.24 (4) (c), 6.26 (1), 6.26 (2) (a), 6.26 (2) (b) and (c), 6.275 (1) (b) to (d), 6.28 (2) (b), 6.28 (3), 6.29 (2) (a), 6.29 (2) (b), 6.30 (4), 6.32 (4), 6.325, 6.33 (title), 6.33 (1) and (2), 6.33 (1) and (2) (a), 6.33 (4), 6.35 (3), 6.36 (2) (a), 6.36 (2) (a), 6.36 (2) (c) 2., 6.36 (3), 6.40 (2) (b), 6.47 (2), 6.47 (3), 6.47 (6), 6.48 (1) (d), 6.48 (2) (b), 6.50 (1), 6.50 (2), 6.50 (3) to (6), 6.50 (7), 6.50 (8), 6.50 (10), 6.55 (2) (a) 1. (intro.), 6.55 (2) (a) 2., 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (2) (d), 6.55 (3), 6.55 (7) (a) (intro.), 6.55 (7) (b), 6.55 (7) (c) (intro.), 6.55 (7) (c) 1., 6.55 (7) (c) 2., 6.55 (7) (d), 6.56 (2) to (4), 6.79 (4), 6.82 (1) (a), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.86 (3) (b), 6.86 (3) (c), 6.865 (title), 6.87 (3) (d), 6.87 (4), 6.87 (4), 6.88 (3) (a), 6.94, 6.95, 7.08 (1) (c), 7.10 (1) (b), 7.15 (1) (c), 7.15 (4), 7.23 (1) (c), 7.23 (1) (e), 7.37 (7), 7.51 (2) (a), 7.51 (2) (c), 7.51 (2) (e), 7.51 (3) (a), 7.51 (4) (a), 7.51 (5) (a), 8.17 (1) (a), 9.01 (1) (b) 1., 10.02 (3) (a), 11.30 (title), 12.13 (3) (u), 59.05 (2), 117.20 (2) and 125.05 (2) (h); to repeal and recreate 6.26 (title), 6.27, 6.36 (1), 6.40 (1) (a) (title), 6.57 and 6.79 (2); and to create 5.02 (6m), 5.02 (24w), 5.05 (10), 5.05 (12) to (15), 5.055, 5.056, 5.061, 5.25 (4) (b), 5.35 (6) (a) 2m., 4., 4a. and 4b., 5.36, 5.87 (2), 5.91 (15) to (18), 6.06, 6.26 (2) (am), 6.276, 6.33 (5), 6.36 (2) (c) 1., 6.36 (2) (c) 2., 6.40 (1) (a) 2. and 3., 6.79 (2) (b), 6.865 (1), 6.865 (3) and (4), 6.869, 6.96, 6.97, 7.08 (6) and (8), 7.10 (7) to (9), 7.10 (10), 7.15 (9) to (14), 15.617, 19.69 (4) and 85.61 of the statutes; relating to: election administration, voter registration and voting requirements and procedures and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
265,1
Section
1. 5.02 (6m) of the statutes is created to read:
5.02 (6m) "Identification" means:
(a) In the case of an elector who votes in person, either of the following:
1. A current and valid piece of identification containing a photograph of the elector.
2. A copy of a utility bill, bank statement, paycheck, or a check or other document issued by a unit of government that shows the current name and address of the elector.
(b) In the case of an elector who votes by absentee ballot, either of the following:
1. A copy of a current and valid piece of identification containing a photograph of the elector.
2. A copy of a utility bill, bank statement, paycheck, or a check or other document issued by a unit of government that shows the current name and address of the elector.
265,2
Section
2. 5.02 (17) of the statutes is amended to read:
5.02 (17) "Registration list" means the list of electors who are properly registered to vote in municipalities in which registration is required.
265,3
Section
3. 5.02 (24w) of the statutes is created to read:
5.02 (24w) "Voting system" means:
(a) The total combination of mechanical, electromechanical, or electronic equipment, including the software, hardware, and documentation required to program, control, and support the equipment, that is used to define ballots, to cast and count votes, to report or display election results, and to maintain and produce any audit trail information.
(b) The practices and associated documentation for any of the following purposes:
1. To identify equipment components and versions of such components.
2. To test the equipment during its development and maintenance.
3. To maintain records of equipment errors and defects.
4. To determine specific equipment changes to be made after the initial qualification of the equipment.
5. To make available any materials to an elector.
265,4
Section
4. 5.05 (10) of the statutes is created to read:
5.05
(10) State election administration plan. With the assistance of the election administration council and approval of the joint committee on finance as provided in this subsection, the board shall adopt and modify as necessary a state plan that meets the requirements of P.L.
107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board shall adopt the plan and any modifications only after publishing a class I notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the board, the board shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.
5.05 (11) Aids to counties and municipalities. From the appropriation under s. 20.510 (1) (x), the board may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board.
265,6
Section
6. 5.05 (12) to (15) of the statutes are created to read:
5.05 (12) Voter education. The board may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The board shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.
(13) Toll-free election information exchange. (a) The board shall maintain one or more toll-free telephone lines for electors to report possible voting fraud and voting rights violations, to obtain general election information, and to access information concerning their registration status, current polling place locations, and other information relevant to voting in elections.
(b) The board may maintain a free access system under which an elector who votes under s. 6.96 or 6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.
(14) Information from county and municipal clerks. The board may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.
(15) Registration list. The board is responsible for the design and maintenance of the official registration list under s. 6.36. The board shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board for proper maintenance of the list.
265,7
Section
7. 5.055 of the statutes is created to read:
5.055 Election assistance commission standards board. The executive director of the board shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The executive director shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the executive director shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.
265,8
Section
8. 5.056 of the statutes is created to read:
5.056 Matching program with secretary of transportation. The executive director of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.
265,9
Section
9. 5.061 of the statutes is created to read:
5.061 Compliance with federal Help America Vote Act. (1) Whenever any person believes that a violation of Title III of P.L.
107-252 has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, verified complaint with the board.
(2) If the board receives more than one complaint under sub. (1) relating to the same subject matter, the board may consolidate the complaints for purposes of this section.
(3) A complainant under sub. (1) or any of the complainants in a consolidated complaint under sub. (2) may request a hearing and the matter shall then be treated as a contested case under ch. 227, except that the board shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.
(4) If the board finds the complaint to be without merit, it shall issue a decision dismissing the complaint. If the board finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the board shall order appropriate relief, except that the board shall not issue any order under this subsection affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.
265,10
Section
10. 5.25 (4) (a) of the statutes is amended to read:
5.25 (4) (a) Each polling place shall be accessible to elderly and handicapped all individuals with disabilities. The board shall ensure that the voting system used at each polling place will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).
265,11
Section
11. 5.25 (4) (b) of the statutes is created to read:
5.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC 1973aa-1a to provide voting materials in any language other than English, the board shall ensure that the voting system used at each polling place in that jurisdiction is in compliance with
42 USC 1973aa-1a.
265,12
Section
12. 5.25 (4) (c) of the statutes is repealed.
265,13
Section
13. 5.35 (6) (a) 2m., 4., 4a. and 4b. of the statutes are created to read:
5.35 (6) (a) 2m. General information prescribed by the board on federal laws relating to election fraud and misrepresentation in federal elections.
4. The date of the election and the hours during which the polling place is open.
4a. Instructions prescribed by the board for electors for whom identification is required under s. 6.36 (2) (c) 2.
4b. General information prescribed by the board concerning voting rights under applicable state and federal laws, including the method of redress for any alleged violations of those rights.
265,14
Section
14. 5.36 of the statutes is created to read:
5.36 Notice of voting by individuals with disabilities. Any individual with a disability may notify a municipal clerk that he or she intends to vote at a polling place on election day and may request that a specific type of accommodation be provided that will facilitate his or her voting.
265,15
Section
15. 5.40 (6) of the statutes is amended to read:
5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).
265,16
Section
16. 5.55 (title) of the statutes is amended to read:
5.55 (title) Ballot identification Information.
