2005 - 2006 LEGISLATURE
August 24, 2005 - Introduced by Representatives Pocan, Freese, Ainsworth,
Berceau, Black, Grigsby, Gunderson, Kessler, Lehman, Lothian, Molepske,
Musser, Nelson, Parisi, Pope-Roberts, Richards, Seidel, Sheridan, Sherman,
Shilling, Sinicki, Townsend, Travis and Wood, cosponsored by Senators
Plale, Carpenter, Erpenbach, Grothman, Hansen, A. Lasee, Olsen, Reynolds
and Risser. Referred to Committee on Campaigns and Elections.
1An Act to amend
5.84 (title) and 5.91 (18); and to create
5.84 (3) and 5.91 (19) 2
of the statutes; relating to: electronic voting system standards.
Analysis by the Legislative Reference Bureau
Currently, with limited exceptions, every municipality with a population of
7,500 or more must use voting machines or an electronic voting system at all
primaries and other elections held in the municipality. Either mechanical or
electronic voting machines may be used. No electronic voting system, including an
electronic voting machine, may be used unless the system meets statutory standards
and is approved by the State Elections Board for use at elections held in this state.
The system must enable an elector to privately verify the votes selected by the elector
before casting his or her ballot. All electronic voting systems must be tested publicly
before each election to determine if they are functioning properly. If voting machines
are used, ballots need not be printed and distributed to electors, but if electronic
voting machines are used, the machines must maintain a cumulative tally of votes
cast that is retrievable in the event of a power outage, evacuation, or malfunction so
that the record of the votes cast prior to the time that the problem occurs is preserved,
and the machines must produce a permanent paper of record of the vote cast by each
elector at the time that it is cast that enables a manual count or recount of the
elector's vote. Currently, there is no requirement pertaining to accessibility or
independent verification of software that is used to operate a system or to record and
tally the votes cast.
This bill provides that if a municipality uses an electronic voting system that
consists of a voting machine, the machine must generate a complete paper ballot
showing all votes cast by each elector that is visually verifiable by the elector before
the elector leaves the machine and that enables a manual count or recount of each
vote cast by the elector.
The bill also provides that the coding for the software that is used to operate the
system on election day and to tally the votes cast must be publicly accessible and
must be able to be used to independently verify the accuracy and reliability of the
operating and tallying procedures to be employed at an election. In addition, the bill
provides that each municipal clerk or board of election commissioners of a
municipality that uses an electronic voting system for voting at an election shall
provide to any person, upon request, at municipal expense, the coding for the
software that the municipality uses to operate the system and to record and tally the
For further information see the 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:
AB627, s. 1
5.84 (title) of the statutes is amended to read:
(title) Testing of equipment; custody of requirements for programs
AB627, s. 2
5.84 (3) of the statutes is created to read:
If a municipality uses an electronic voting system for voting at any 6
election, the municipal clerk shall provide to any person, upon request, at the 7
expense of the municipality, the coding for the software that the municipality uses 8
to operate the system and to tally the votes cast.
5.91 (18) It produces a permanent paper record of the vote If the device consists
12of an electronic voting machine, it generates a complete paper ballot showing all
cast by each elector at the time that it is cast that is visually verifiable by the
1elector before the elector leaves the machine and
that enables a manual count or 2
recount of the elector's each
cast by the elector
AB627, s. 4
5.91 (19) of the statutes is created to read:
The coding for the software that is used to operate the system on 5
election day and to tally the votes cast is publicly accessible and may be used to 6
independently verify the accuracy and reliability of the operating and tallying 7
procedures to be employed at any election.
(1) This act first applies with respect to elections held on the effective date of 10
This act takes effect on January 1, 2006, or the day after publication, 13
whichever is later.