Summary of factual data and analytical methodologies
Adoption of the rule was predicated on federal and state mandate rather than on any factual data or analytical methodology.
Analysis and supporting documents used to determine effect on small business
The rule will have no effect on small business, nor any economic impact.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Text of Proposed Rule
Pursuant to the authority vested in the State of Wisconsin Government Accountability Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Government Accountability Board hereby creates Chapter
GAB 12, interpreting ss.
7.15 (1m),
7.31, and
7.315, Stats., as follows:
SECTION 1. Chapter
GAB 12 is created to read:
Certification and Training of Municipal Clerks
GAB 12.01 Municipal clerk training. (1) Definitions. As used in this rule:
(a) “Board" means the government accountability board.
(b) “Election cycle" begins on January 1 of an odd-numbered year and continues through December 31 of an even-numbered year.
(c) “Municipal clerk" includes the executive director and deputy director of the Milwaukee City Board of Election Commissioners.
(d) “Municipal election official" means municipal clerk, deputy clerk or any municipal employee charged with duties related to the administration of elections.
(e) “Statewide Voter Registration System" or “SVRS" is the election administration software application provided by the board to enable local election officials to register voters, track absentee voting and administer elections.
GAB 12.02 Certification. (1) Only municipal clerks who meet the training standards established in this chapter shall be certified by the board.
(2) Any other municipal election official who meets the standards established in this chapter may be certified by the board.
(3) The standards for the initial and the renewal certifications of municipal clerks are those set forth in this chapter.
(4) A record of the municipal clerks who meet the training requirements established by this chapter shall be maintained by the board.
(5) To qualify for certification, a municipal clerk shall provide the board with documentation of attendance at any approved training that has not been conducted by board staff.
(6) The records concerning the training qualifications of municipal clerks are public records and shall be provided by the board upon request.
(7) The governing body of any municipality whose municipal clerk fails to meet the training standards set out in this chapter shall be notified of that fact by the board.
GAB 12.03 Qualification. (1) Only individuals who have been elected or appointed to the office of municipal clerk, or who serve as a municipal election official, shall be certified by the board.
(2) Individuals shall attend or view a core curriculum training course conducted under the direction of the board staff to qualify for initial certification.
(3) Training opportunities shall be conducted by the board in several locations throughout the state, and shall be made available on-line and in video or audio format, to enable interested individuals to participate.
(4) Each municipal clerk who attends a training course conducted under the direction of the board's staff shall register with the board.
(5) The expiration date for training certification shall coincide with the end of the election cycle immediately following attendance at the initial training.
GAB 12.04 Training content. (1) The content of the training curriculum is prescribed by the board.
(2) The training curriculum shall include the following elements:
(a) A core curriculum session that provides an overview of the election–related duties of a municipal clerk.
(b) Instructions on the proper completion of election-related forms and notices, including a requirement that the information on election-related forms be legible.
(c) Review of the applicable statutory deadlines for publishing notices, submitting petitions and ballot access documents.
(d) Directions for the review and completion of election-related forms and petitions, including affixing the signature and certification required by law.
(e) Treatment of confidential voter information and proof of residence documents received from a voter.
(f) Review of the deadlines and procedures for delivering completed election-related documents to the board of canvassers.
(g) A description of the calendar of election events and critical election-related timelines.
(h) Duties of the municipal clerk with respect to candidates for municipal office.
(i) Requirements for ballot design and preparation, including write-in ballots for military and overseas electors.
(j) Duties of the municipal clerk with respect to voters including, absentee, military, overseas and confidential electors and accessibility to the electoral process.
(k) Requirements for recruitment, appointment and training of election inspectors, special voting deputies, special registration deputies and other election officials.
(L) Requirements for acquisition, testing, security and audit of voting equipment.
(m) Procedures for ensuring security of ballots and voting equipment including chain-of-custody documentation, use of serialized, tamper-evident seals and monitoring of security procedures.
(n) Requirements for establishing, equipping, supplying, securing, and preparing polling places for elections, including emergency preparedness.
(o) Election-day responsibilities of the municipal clerk.
(p) Post-election responsibilities of the municipal clerk, including conducting the municipal canvass, issuing certificates of election and conducting a recount.
(q) Requirements for recall and direct legislation.
(r) The consequences for failing to follow prescribed procedures.
(s) Any other information prescribed by the board.
GAB 12.05 Certification renewal. (1) After attending the initial training, individuals seeking to maintain their training certification must attend, in the election cycle, an additional three (3) hours of training approved by the director and general counsel of the board.
(2) To renew their certification for the next election cycle, individuals must attend six (6) hours of training approved by the director and general counsel of the board.
(3) Individuals may not carry over training hours to qualify for renewal of their certification in subsequent election cycles.
(4) The approved training may consist of attendance at any combination of the following training opportunities if that training opportunity covers all or part of the training content described in this chapter:
(a) A certification-training course for municipal clerks or chief election inspectors conducted under the direction of the board staff.
(b) Training on the use of the Statewide Voter Registration System presented under the direction of the board staff. This includes on-line training developed for the board and made available to local election officials.
(c) A workshop conducted by the board staff at a state or district meeting of the Wisconsin County Clerks Association, Wisconsin Municipal Clerks Association, Wisconsin Towns Association or League of Wisconsin Municipalities.
(d) An information presentation conducted by the board staff and sponsored by the University of Wisconsin Extension Local Government Center.
(e) Training conducted by a municipal or county clerk for election inspectors pursuant to ss.
7.10 (9),
7.15 (1) (e) and
(11), Wis. Stats.
(f) Attendance at a state, regional or national conference, or a seminar of a professional organization, that serves election officials.
(5) The board shall maintain a record of the approved training event, including the date and location of the approved training.
(6) When the individual has completed the renewal requirements, the individual's certification shall be extended for the duration of the next election cycle.
GAB 12.06 Certification waiver. (1)
In the event of an emergency, the municipal clerk may make a written request to the board for a waiver of the training requirement for a municipal clerk.
(2)
The request shall be communicated to the director and general counsel of the board in an expeditious manner.
(3)
The request shall describe the facts that establish the basis for the emergency request and the steps that have been taken by the municipal clerk to obtain the required training.
(4)
The director and general counsel of the board may grant a waiver of the required training for one election cycle.
The creation of this rule will take effect on the first day of the month following its publication in the Wisconsin Administrative Register pursuant to s.
227.22 (2), Stats.
