Amendment SSA1-SB295

LRBs0284/1

JK:cjs&wlj

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 295

February 2, 2016 - Offered by Senator LeMahieu.

SB295-SSA1,2,6 An Act to repeal 6.26, 6.40, 6.55 (2) (a) 2. and 7.515; to renumber 5.05 (14); to renumber and amend 6.28 (1), 6.33 (5) (a) and 6.36 (1) (a); to amend 5.056, 5.85 (2) (b) 1., 5.85 (2) (b) 2., 5.90 (1), 5.91 (intro.), 6.10 (3), 6.22 (5), 6.24 (3), 6.25 (1) (a), 6.25 (1) (b), 6.275 (1) (b), 6.30 (1), 6.30 (4), 6.32 (1) and (2), 6.325, 6.33 (1), 6.33 (2) (a), 6.33 (2) (b), 6.34 (2), 6.34 (3) (a) 7. b., 6.35 (1) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (c), 6.36 (6), 6.50 (3), 6.50 (10), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (cs), 6.55 (2) (d), 6.55 (6), 6.79 (1m), 6.79 (2) (d), 6.86 (3) (b), 6.87 (4) (b) 1., 6.87 (6), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.31 (1), 7.315 (1) (a), 7.315 (1) (b) 1., 7.315 (1) (b) 2., 7.315 (3), 7.37 (13), 7.51 (5) (b), 7.53 (1) (a), 7.53 (3) (a), 7.60 (1), 9.01 (1) (a) 1., 11.1104 (6), 17.29, 85.61 (1) and 343.027; to repeal and recreate 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 5.056, 5.91 (intro.), 6.24 (3), 6.30 (4), 6.30 (5), 6.33 (1), 6.33 (5) (a), 6.34 (2m), 6.34 (4), 6.35 (2), 6.36 (1) (a) (intro.), 6.36 (1) (a) 4., 6.36 (1) (a) 9., 6.36 (1) (am), 6.36 (1) (b) 1. a., 6.36 (6), 6.55 (2) (cs), 6.79 (1m), 7.08 (1) (c), 7.31 (1), 7.315 (1) (a), 7.315 (3), 9.01 (1) (a) 1., 85.61 (1) and 343.027; and to create 5.02 (4g), 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 6.30 (5), 6.33 (5) (a) 2., 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36 (1) (a) 13. to 16., 6.36 (1) (ae), 6.87 (6d), 7.315 (4), 7.51 (4) (c), 19.42 (10) (ab) and 19.42 (13) (p) of the statutes; relating to: electronic voter registration and election administration and granting rule-making authority.

SB295-SSA1,2,8 Analysis by the Legislative Reference Bureau

This substitute amendment makes the following changes to the election laws:

Electronic voter registration

This substitute amendment permits a qualified elector to register to vote electronically, eliminates the position and responsibilities of special registration deputies, and requires the Government Accountability Board (GAB) to enter into agreements with other state election administrators to share information related to the registration and voting of qualified electors.

Currently, a qualified elector may register to vote at any election by mail, in person at the office of the municipal or county clerk or board of election commissioners for the municipality or county where the elector resides, or by completing a registration form with a special registration deputy no later than the 20th day before the election. A qualified elector may also register to vote at an election in person at the office of the municipal clerk or board of election commissioners for the municipality where the elector resides no later than 5 p.m. on the Friday before the election. In order to register, an elector must provide his or her name and address and certain other information required to ascertain his or her eligibility and must sign the registration form. With certain exceptions, an elector who registers after the 20th day before an election or an elector who registers by mail and who has not voted before in an election in this state must provide proof of residence prior to voting. Currently, the clerk or board of election commissioners must verify each registration received by mail or submitted by a special registration deputy by sending a first-class letter or postcard to the registrant at the registrant's address.

This substitute amendment permits a qualified elector who has a current and valid driver's license or identification card issued by the Department of Transportation (DOT) to register to vote at an election electronically on a secure Internet site maintained by GAB. The substitute amendment requires an electronic registration to be completed no later than the 20th day before an election in order to be valid for that election. Under the substitute amendment, a qualified elector enters the same information that appears on the current registration form and authorizes DOT to forward a copy of his or her electronic signature to GAB. The authorization affirms that all information provided by the elector is correct and has the same effect as if the elector signed the form personally. The substitute amendment also permits an elector who is currently registered to vote and who has a current and valid driver's license or identification card to electronically enter a change of name or address using a similar procedure.

In accordance with the existing procedure for verifying registrations that are received at the office of the municipal clerk or board of election commissioners, the substitute amendment provides that when an electronic registration is received, GAB or the clerk or board of election commissioners of the elector's municipality of residence must verify each electronic registration by sending a first-class letter or postcard to the registrant at the registrant's address. If an elector who registers electronically provides his or her Wisconsin driver's license number, together with his or her name and date of birth, and GAB is able to verify the information electronically at the time of registration by electronically accessing DOT's records, the elector need not provide proof of residence prior to voting. The substitute amendment directs GAB and DOT to enter into an agreement that permits GAB to verify the necessary information instantly by accessing DOT's electronic files.

Currently, each municipal clerk and board of election commissioners must maintain a file of voter registration forms for the electors of the municipality. This substitute amendment provides that the clerk or board must maintain registrations that are entered electronically in the manner prescribed by GAB, by rule.

The changes to elector registration first apply with respect to registration for voting at the first spring or partisan primary election that follows by at least six months the day on which the substitute amendment becomes law.

This substitute amendment requires the chief election officer to enter into an agreement with the Electronic Registration Information Center for the purpose of maintaining this state's statewide voter registration list.

Election registration officials

Current law permits municipal clerks to appoint qualified electors to serve as special registration deputies in a municipality for the purpose of registering electors of that municipality prior to the close of registration. The municipal clerk may authorize a special registration deputy to register electors at a polling place if the registration process would be facilitated by that authorization. Individuals must generally complete training provided by GAB prior to serving as a special registration deputy. This substitute amendment eliminates the authority to appoint and use special registration deputies.

The substitute amendment allows the municipal clerk or board of election commissioners to appoint election registration officials to register voters. The substitute amendment also requires election registration officials to receive the same training as inspectors.

Testing

Under current law, GAB must, by rule, prescribe requirements for certifying individuals to serve as chief inspectors for an election. GAB must include training as part of those requirements, but the board may not require an individual who receives the training to take an examination. The substitute amendment allows the board to require such an examination.

Electronic poll lists

The substitute amendment also allows GAB to facilitate the creation and maintenance of electronic poll lists.

Electronic voting systems

The substitute amendment allows GAB to certify any voting device, automatic tabulating equipment, or related equipment and materials for use in an electronic voting system, regardless of whether any such items are approved by the federal Election Assistance Commission.

Under current law, for the purpose of counting the votes cast using an electronic voting system, when an elector votes for more candidates for an office than are allowed to hold that office, an election official must create a duplicate ballot to record all the other votes that the elector cast and to eliminate the overvote. The official then marks the original and the duplicate and secures them both in the ballot container with the other ballots.

Under the substitute amendment, an election official may, instead, use the override function of the electronic voting system in order to record all votes of the elector on the original ballot other than the votes for the overvoted office. The official then marks the original ballot as an overvoted ballot and secures that ballot with the other ballots in the ballot container.

Proof of residency; residential care facility

Under current law, an individual who wants to register to vote must present proof of residency. An individual may present any of number of different documents to prove where the individual lives, including a valid and current driver's license or identification card, a property tax bill, an utility bill, a bank statement, or a check or other document issued by a governmental unit. Under current law, the proof of residency must specify the individual's name and his or her complete and current residential address, including the numbered street address and the municipality.

Under the substitute amendment, for purposes of registering to vote with election registration officials, an occupant of a residential care facility may use a contract or intake document prepared by the residential care facility that specifies that the occupant currently resides in the facility. The substitute amendment does not apply to occupants of a retirement home.

Proof of identification; veterans affairs card

The substitute amendment permits an individual to use a veterans identification card issued by the Veterans Health Administration of the federal Department of Veterans Affairs to be used as proof of identification if the card contains the individual's name and photograph.

Receiving absentee ballots by mail

The substitute amendment changes the date by which an elector must return and a municipal clerk must receive an absentee ballot by mail. Under current law, an elector may vote by absentee ballot either in person or by returning a completed ballot by U.S. mail. Current law requires a municipal clerk to accept and count the votes on absentee ballots received by mail as long as the ballot is postmarked no later than election day and received in the office of the municipal clerk by 4 p.m. on the Friday following election day.

The substitute amendment retains the right of an elector to vote by absentee ballot by mail, but requires the elector to return the ballot so that it is received no later than 8 p.m. on election day. Under current law, the polls close at 8 p.m. on election day.

Absentee ballots; witness certificate

Under current law, in order to vote using an absentee ballot, an individual must complete a certificate, which certifies that the individual is a qualified elector. The individual must sign the certificate in the presence of a witness who must also sign the certificate and provide his or her name and address. Under the substitute amendment, an absentee ballot may not be counted if the certificate is missing the address of a witness.

Election administration and reporting

Current law requires the Government Accountability Board to compile and maintain an electronic voter registration list. The list provides the name, address, and date of birth of each registered elector in this state and the ward or aldermanic district associated with each registered elector. The list also contains other identification information for each elector and information transmitted to the board from the Department of Corrections.

This substitute amendment requires that the board provide the following information on the voter registration list:

1. The date on which an elector applied to vote by in-person absentee ballot.

2. The date on which the clerk mailed an absentee ballot to an elector and the date on which the elector returned the absentee ballot.

3. The polling location associated with each elector's address and ward or aldermanic district.

4. The mailing address for the municipal clerk associated with each polling location.

Under current law, a municipal clerk must update the electronic voter registration list maintained by the board promptly after receiving a valid registration or change to an existing registration or after changing an elector's registration status from eligible to ineligible. Under the substitute amendment, whenever the clerk mails or receives an absentee ballot the clerk must update the list no later than 48 hours after mailing or receiving the ballot or give the information regarding the ballot to the clerk's designee who must update the list no later than 24 hours after receiving the information from the clerk.

The substitute amendment also requires that the board establish a subscription service whereby a person may electronically access the absentee ballot information the clerks provide to the board. In addition, the substitute amendment requires a county clerk to post all election returns received by the clerk on election night on an Internet site maintained by the county within two hours of receiving the returns. The board must then link to the returns on an Internet site maintained by the board.

Standards of conduct

This substitute amendment provides that all members of the Elections Commission and all members of the Ethics Commission are subject to the standards of conduct for state public officials. The substitute amendment also clarifies that a member or employee of the Ethics Commission must file a statement of economic interests. Current law specifically requires members and employees of the Elections Commission to file statements of economic interests, but does not specifically require members and employees of the Ethics Commission to do the same.

Segregated fund contributions

This substitute amendment limits the amount that a political action committee may contribute to the segregated fund of a political party or legislative campaign committee to $12,000 in any year. Current law limits the amount that a corporation, cooperative, labor organization, or tribe may contribute to a segregated fund to $12,000 in any year. All other persons may contribute to the fund in unlimited amounts.