SB468: Bill Text

LRB-3459/2

JTK:wj:jf&rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 468

December 7, 2005 - Introduced by Senators Coggs, Carpenter and Erpenbach, cosponsored by Representatives Cullen, Fields, Young, Grigsby, Lehman, Richards, Colon, Zepnick and Sinicki. Referred to Committee on Labor and Election Process Reform.

SB468,1,7 An Act to amend 5.05 (11), 5.68 (3), 6.15 (4) (a) to (e), 6.15 (6), 6.21, 6.22 (4), 6.28 (1), 6.86 (1) (b), 6.86 (3) (c), 6.87 (6), 6.88 (1), 6.88 (2), 6.88 (3), 6.93, 6.935, 6.97 (1), 6.97 (2), 7.10 (3) (a), 7.15 (1) (cm), 7.51 (2) (c), 7.51 (2) (e), 7.51 (3) (d), 7.51 (5) (b), 7.53 (1), 7.53 (2) (d), 7.60 (3), 10.06 (1) (h), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (k), 12.60 (1) (b) and 880.33 (9); and to create 7.52, 10.06 (2) (j), 12.13 (3) (ze) and 20.510 (1) (e) of the statutes; relating to: administration of elections, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws concerning the administration of elections. The changes include:

Deadline for voter registration

Under current law, every municipality with a population of greater than 5,000 is required to maintain a voter registration list. Effective on January 1, 2006, voter registration will be required in all municipalities. With certain exceptions, the deadline for voter registration at each election is 5 p.m. on the second Wednesday preceding the election. Registrations made by mail must be delivered to the office of the municipal clerk or board of election commissioners or postmarked not later than this deadline. However, under current law, electors may also register in person at the office of the municipal clerk or board of election commissioners until 5 p.m. on the day before the election or, in most cases, may register at the proper polling place or other designated location on election day. Hospitalized electors may register by agent until 5 p.m. on election day. In addition, electors may register at any time after the deadline if the municipal clerk or board of election commissioners of the municipality where they reside determines that the registration list can be revised to incorporate their registrations in time for the election. If an elector registers at the office of the municipal clerk or board of election commissioners after the close of registration, from a hospital by agent, or at a polling place or other designated location on election day, the elector must present acceptable proof of residence or have another elector of the same ward or election district sign a statement corroborating the elector's registration. The corroborating elector must then present acceptable proof of residence.

This bill changes the deadline for registration at each election to 5 p.m. on the fourth Thursday preceding the election. Under the bill, registrations made by mail must be delivered to the office of the municipal clerk or board of election commissioners or postmarked no later than this deadline. However, the bill still permits electors to register in person at the office of the municipal clerk or board of election commissioners, from a hospital by agent, or at a polling place on election day after this deadline as currently provided. In addition, under the bill, electors may still register after the deadline if the municipal clerk or board of election commissioners of the municipality where they reside determines that the registration list can be revised to incorporate their registrations in time for the election.

Deadline to apply for absentee ballots by mail

Currently, an application that is transmitted by mail from an elector for an absentee ballot at an election must be received by the municipal clerk or board of election commissioners no later than 5 p.m. on the Friday before the election. An application from a sequestered juror or an elector who is hospitalized may be received no later than 5 p.m. on election day. This bill provides that an application that is transmitted by mail must be received by the municipal clerk or board of election commissioners no later than 5 p.m. on the Wednesday before the election. In addition, the bill provides that an application from a sequestered juror or a hospitalized elector must be received no later than 5 p.m. on the day before election day.

Deadline for mailing of absentee ballots

Currently, each municipal clerk and board of election commissioners must mail an absentee ballot to each elector who has requested one no later than the 30th day before each September primary and general election and no later than the 21st day before each other primary and election. If an elector requests a ballot after the mailing deadline, the clerk or board must mail the ballot within one day after receiving the request. This bill requires a clerk or board of election commissioners to mail an absentee ballot to an elector who requests a ballot, after the mailing deadlines to mail the ballot, no later than the end of the second day beginning after the day on which the request is received.

Deadline for receipt of absentee ballots

Currently, an elector's absentee ballot that is delivered to the municipal clerk or board of election commissioners must be received in sufficient time for the clerk or board to deliver the ballot to the polling place serving the elector's residence before 8 p.m. on election day. This bill provides that an elector's absentee ballot that is delivered to the office of the municipal clerk or board of election commissioners must be received by the clerk or board no later than noon on election day.

Ballot information and ballot transmittal

Currently, there is no specific deadline provided for county clerks and boards of election commissioners to transmit the names of candidates for national, state, and county offices and state and county referendum questions to municipal clerks and boards of election commissioners. This bill provides that county clerks and boards of election commissioners must transmit ballot information to municipal clerks and boards of election commissioners no later than two days after receiving the necessary information from the Elections Board. Currently, county clerks and boards of election commissioners must distribute ballots for absentee voters to municipal clerks and boards of election commissioners no later than 31 days before each September primary and general election and no later than 22 days before each other primary and election. This bill requires county clerks and boards of election commissioners to make this distribution one day earlier.

Absentee ballot canvassing procedure

Currently, each absentee ballot must be received at the polling place serving an elector's residence no later than 8 p.m. on election night for the ballot to be counted. The municipal clerk or board of election commissioners delivers all absentee ballots received by the clerk or board to the appropriate polling places. The inspectors (poll workers) canvass the absentee ballots, together with the other ballots, publicly on election day by marking the names of the absentee electors on the same poll list that is used to mark the names of the electors who vote in person. Any member of the public may observe the proceedings. Any elector may challenge for cause any absentee ballot that the elector knows or suspects is not cast by a qualified elector, whether the absentee ballot is cast in person at the office of a municipal clerk or board of election commissioners or the ballot is received in some other manner. Unless an absentee ballot is challenged or voted provisionally, it is not identifiable once it is counted, except that an absentee ballot may be distinguished from another ballot because it carries the initials of the municipal clerk or executive director of the board of election commissioners or a designated deputy. The inspectors at each polling place announce the results of each election when the canvass is completed on election night. Each municipal canvass must be completed by 2 p.m. on the day after each election, and each county canvass must begin no later than 9 a.m. on the Thursday following an election.

This bill permits the governing body of any municipality, by ordinance, to discontinue the canvassing of absentee ballots at polling places. Under the bill, if absentee ballots are not canvassed at polling places, the municipal board of canvassers must convene at one or more public meetings held no earlier than the seventh day after absentee ballots for an election are distributed and no later than 10 a.m. on the day after the election for the purpose of counting absentee ballots. Under the bill, the board of canvassers does not announce the results of its count until the canvass of all absentee ballots is completed on the day after an election. If absentee ballots are not counted at polling places, the bill provides for the municipal board of canvassers to conduct a cross-check of absentee ballots for any potential duplication by electors who also cast ballots in person. To accomplish the cross-check, the municipal board of canvassers numbers each absentee ballot as it is counted, and if the elector who casts the ballot also casts a ballot in person, the absentee ballot is not counted. To allow time for the separate canvass of the absentee ballots to be completed and to reconcile and merge the results with the canvasses conducted at polling places, in those municipalities where absentee ballots are not counted at polling places, the bill allows an additional 24 hours for municipal canvasses to be completed and for county canvasses to begin. The bill permits any elector to challenge any absentee ballot for cause.

Ballot preparation

Currently, county clerks and boards of election commissioners are generally responsible for printing or other preparation of ballots for elections, except that a municipality that uses voting machines or an electronic voting system may, with permission of the county clerk or board of election commissioners, prepare its own ballots. First class cities (Milwaukee) may prepare their own ballots without permission unless they use voting machines or an electronic voting system, in which case, the county prepares their ballots. This bill provides that first class cities may prepare their own ballots, at county expense, even if they use voting machines or an electronic voting system.

Compensation for obtaining voter registrations

Under current law, a municipal clerk or board of election commissioners or the Elections Board may appoint special registration deputies who may register electors prior to the close of registration for any election. Any other person may also obtain voter registration forms and may solicit registrations and return completed forms to a municipal clerk, board of election commissioners, or the Elections Board.

This bill prohibits any person from compensating any other person, for obtaining voter registrations, at a rate that varies in relation to the number of voter registrations obtained by the person. Violators are guilty of a misdemeanor and are subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both, for each offense.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

SB468, s. 1 Section 1. 5.05 (11) of the statutes is amended to read:

SB468,5,11 5.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) (e), (t) and (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.

SB468, s. 2 Section 2. 5.68 (3) of the statutes is amended to read:

SB468,6,2 5.68 (3) If Except as authorized in s. 7.15 (2) (b), if voting machines are used or if an electronic voting system is used in which all candidates and referenda appear on the same ballot, the ballots for all national, state, and county offices and for county and state referenda shall be prepared and paid for by the county wherein they are used. In 1st class cities, if the city prepares its own ballots for national, state, and county offices and for county and state referenda, the county shall pay for the ballots. If the voting machine or electronic voting system ballot includes a municipal or school, technical college, sewerage or sanitary district ballot, the cost of that portion of the ballot shall be reimbursed to the county or city or paid for by the municipality or district, except as provided in a 1st class city school district under sub. (2).

SB468, s. 3 Section 3. 6.15 (4) (a) to (e) of the statutes are amended to read:

SB468,6,8 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal board of canvassers when it convenes under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.

SB468,6,13 (b) During polling hours, the inspectors shall open each carrier envelope, announce the elector's name, check the affidavit for proper execution, and check the voting qualifications for the ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52, the municipal board of canvassers shall perform this function at a meeting of the board of canvassers.

SB468,6,16 (c) The inspectors or board of canvassers shall open the inner envelope without examination of the ballot other than is necessary to see that the issuing clerk has endorsed it.

SB468,6,21 (d) Upon satisfactory completion of the procedure under pars. (b) and (c) the inspectors or board of canvassers shall deposit the ballot in the ballot box. The inspectors board of canvassers shall enter the name of each elector voting under this section on the poll list with an indication that the elector is voting under this section or on a separate list maintained for the purpose under s. 6.79 (2) (c).

SB468,6,25 (e) If the person is not a qualified elector in the ward or municipality, or if the envelope is open or has been opened and resealed, the inspectors shall reject the vote. Rejected ballots shall be processed the same as rejected absentee ballots, under s. 6.88 (3) (b).

SB468, s. 4 Section 4. 6.15 (6) of the statutes is amended to read:

SB468,7,6 6.15 (6) Death of elector. When it appears by due proof to the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, when it appears by due proof to the board of canvassers that a person voting under this section at an election has died before the date of the election, the inspectors or board of canvassers shall return the ballot with defective ballots to the issuing official.

SB468, s. 5 Section 5. 6.21 of the statutes is amended to read:

SB468,7,14 6.21 Deceased electors. When by due proof it appears to the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, when it appears by due proof to the board of canvassers that a person voting under this section casting an absentee ballot at an election has died before the date of the election, they the inspectors or board of canvassers shall return the ballot with defective ballots to the issuing official. The casting of the ballot of a deceased elector does not invalidate the election.

SB468, s. 6 Section 6. 6.22 (4) of the statutes is amended to read:

SB468,8,5 6.22 (4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector's application may be received at any time. The municipal clerk shall not send a ballot for an election if the application is received later than 5 p.m. on the Friday Wednesday preceding that election. The municipal clerk shall send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB468, s. 7 Section 7. 6.28 (1) of the statutes is amended to read:

SB468,9,2 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 2nd Wednesday 4th Thursday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday 4th Thursday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.