AB126: Bill Text

LRB-1583/2

JTK/CH/RC:cjs:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 126

March 5, 2007 - Introduced by Representatives Sherman, Bies and Sheridan. Referred to Committee on Elections and Constitutional Law.

AB126,3,2 An Act to repeal 15.617 (title); to renumber 20.510 (1) (b), 20.510 (1) (bm), 20.510 (1) (c), 20.510 (1) (d), 20.510 (1) (g), 20.510 (1) (t) and 20.510 (1) (x); to renumber and amend 15.617 (1); to amend 5.05 (title), (1) (intro.), (a) and (b), 5.05 (3) (b) and (c), (4), (5), (6), (7), (9), (10), (11), (12), (13), (14) and (15), 5.055, 5.056, 5.06 (1), 5.06 (2), 5.06 (4), 5.06 (5), 5.06 (6), 5.06 (7), 5.06 (8), 5.06 (9), 5.061, 5.09, 5.25 (4), 5.35 (6) (a) 2m., 5.35 (6) (a) 4a., 5.35 (6) (a) 4b., 5.35 (6) (a) 5., 5.35 (6) (b), 5.40 (5m) and (7), 5.51 (6) and (8), 5.58 (1b) (bm), 5.58 (1b) (cm), 5.58 (2), (2m) and (2r) (am), 5.60 (1) (b), (3) (ag), (5) (ar) and (6) (a), 5.62 (1) (a) and (b) 1., (2) (a), (3) and (4) (ar) and (b), 5.64 (1) (ag), (b), (e) 1. and (es) and (2) (am) and (c), 5.655 (3), 5.68 (7), 5.72, 5.83, 5.87 (2), 5.905 (2), (3) and (4), 5.91 (intro.), 5.93, 5.95, 6.06, 6.22 (4) (d), 6.24 (3), 6.24 (4) (d), 6.24 (5), 6.24 (6), 6.26 (2) (am), 6.26 (2) (b), 6.26 (2) (c) and (cm), 6.26 (3), 6.275 (2), 6.276 (2) and (3), 6.29 (2) (am), 6.30 (4), 6.33 (1), 6.33 (5) (a), 6.33 (5) (b), 6.36 (1) (a), 6.36 (1) (b) 1. a. and b., 6.36 (1) (d), 6.36 (1) (e), 6.36 (1) (f), 6.36 (2) (a), 6.36 (5), 6.36 (6), 6.47 (1) (ag), 6.47 (1) (am) 2., 6.47 (1) (dm), 6.47 (2), 6.47 (3), 6.55 (2) (a) 1., 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3), 6.56 (3m), 6.56 (7), 6.57, 6.79 (1m), 6.86 (2) (a), 6.86 (2m), 6.86 (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (5), 6.92 (1), 6.925, 6.95, 6.96, 6.97 (1), 7.03 (1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (intro.), 7.08 (1) (a), 7.08 (1) (b), 7.08 (1) (c), 7.08 (1) (d), 7.08 (2) (a), 7.08 (3) (intro.), 7.08 (3) (a), 7.08 (4), 7.08 (6), 7.08 (7), 7.10 (1) (a), 7.10 (2), 7.10 (3) (a), 7.10 (4), 7.10 (7), 7.10 (8), 7.10 (9), 7.10 (10), 7.15 (1) (e), 7.15 (1) (L), 7.15 (1m), 7.15 (8), 7.15 (9), 7.15 (10), 7.15 (13), 7.30 (2) (c), 7.30 (4) (e), 7.30 (6) (b), 7.31 (1), 7.31 (2), 7.31 (3), 7.31 (4), 7.31 (5), 7.315 (1) (a), 7.315 (2), 7.315 (3), 7.38 (5), 7.41 (5), 7.52 (1) (a), 7.60 (4) (a) and (5) (a) and (b), 7.70 (1) (a) and (b), (3) (a), (b), (c), (d), (e) (intro.), (g), (h) and (i) and (5) (a) and (b), 8.07, 8.10 (6) (a), 8.12 (1) (a), 8.12 (1) (b), 8.12 (1) (c), 8.12 (1) (d), 8.12 (2), 8.12 (3), 8.15 (8) (a), 8.16 (2) (b), 8.16 (7), 8.17 (9) (a), 8.17 (12), 8.18 (2), 8.185 (1), 8.185 (2), 8.185 (3), 8.19 (1), 8.19 (3), 8.20 (7), 8.40 (3), 8.50 (1) (a), 8.50 (1) (b), 8.50 (1) (d), 8.50 (3) (e), 9.01 (1) (a) 1., 9.01 (1) (a) 4., 9.01 (1) (ag) 4., 9.01 (1) (ar) 2., 9.01 (1) (ar) 3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01 (8) (a), 9.01 (8) (d), 9.01 (10), 10.01 (1), 10.01 (2) (intro.), 10.02 (1), 10.02 (2) (c), 10.02 (3) (intro.), 10.06 (1) (title), 10.06 (1) (a), 10.06 (1) (c), 10.06 (1) (e), 10.06 (1) (f), 10.06 (1) (h), 10.06 (1) (i), 10.06 (2) (a), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (h), 10.06 (2) (k), 13.123 (3) (b) 2., 13.23, 16.79 (2), 16.96 (3) (b), 17.17 (1), 17.17 (4), 19.43 (4), 20.510 (1) (a), 46.95 (4), 59.605 (3) (a) 3., 66.0602 (4) (c), 67.05 (3) (b), 67.05 (6), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.93 (4), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03 (6), 227.52 (6), 301.03 (20m), 343.11 (2m) and 560.04 (2m); and to create 5.02 (1b), 5.02 (2m), 14.37, 14.375 (title), 14.38 (10m), 20.575 (2) and 230.08 (2) (e) 8d. of the statutes; relating to: creating an Elections Division in the Office of the Secretary of State and transferring the functions of the Elections Board to the division, other than functions relating to campaign financing.

Analysis by the Legislative Reference Bureau

Under current law, the Elections Board consists of eight or nine members, depending on election results. One member is appointed by the governor, and the other members are appointed by the governor from designations made by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot at the September primary whose candidate for governor at the most recent gubernatorial election received at least 10 percent of the vote. The Elections Board administers state laws relating to elections and election campaigns, including campaign financing. In exercising its administrative and regulatory powers, the Elections Board may investigate violations of the elections law; file civil actions to collect forfeitures for violations of the elections law; issue formal opinions regarding a person's duties under the elections laws; oversee the elections process relating to ballots, forms, machines, and voting systems; and generally enforce the elections laws.

This bill transfers all of the Elections Board's powers and duties to a new Elections Division, which is attached to the Office of the Secretary of State, other than powers and duties relating to campaign financing. Under the bill, the Elections Division is placed under the supervision of a division administrator, who is appointed by the secretary of state outside of the classified service. The administrator is responsible for carrying out all duties and exercising all powers of the Elections Division. All current employees of the Elections Board, other than the current executive director, are transferred to the Elections Division except those employees whose responsibilities relate primarily to campaign financing, as determined by the secretary of administration. The bill further requires the secretary of state to provide all necessary assistance for the Elections Division to perform its duties. Finally, the bill places the Election Administration Council, which is currently in the Elections Board, in the Office of the Secretary of State.

For further information see the state 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:

AB126, s. 1 Section 1. 5.02 (1b) of the statutes is created to read:

AB126,3,4 5.02 (1b) "Administrator" means the administrator of the division.

AB126, s. 2 Section 2. 5.02 (2m) of the statutes is created to read:

AB126,4,2 5.02 (2m) "Division" means the elections division attached to the office of the secretary of state under s. 14.37.

AB126, s. 3 Section 3. 5.05 (title), (1) (intro.), (a) and (b) of the statutes are amended to read:

AB126,4,10 5.05 (title) Elections board and division; powers and duties. (1) General authority. (intro.) The elections board division shall have the responsibility for the administration of chs. 5 to 10 and 12 and other laws relating to elections and election campaigns. The board shall have the responsibility for the administration of ch. 11 and other laws relating to campaign financing. Pursuant to such responsibility, the board or division may:

AB126,4,14 (a) Employ an executive director outside the classified service, in the case of the board, or employ a division administrator outside the classified service, in the case of the division, and employ legal counsel. The e xecutive director shall serve as the chief election officer for this state.

AB126,4,25 (b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution as defined in s. 705.01 (3) doing business in the state to obtain evidence of any violation of ch. 11 upon showing by the board and division of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its duties, the board and division may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

AB126, s. 4 Section 4. 5.05 (3) (b) and (c), (4), (5), (6), (7), (9), (10), (11), (12), (13), (14) and (15) of the statutes are amended to read:

AB126,5,10 5.05 (3) (b) In any case in which the board or division refers information relating to an apparent violation of this section, the district attorney, attorney general, or any special counsel appointed under s. 14.11 (2) shall respond by report to the board or division with respect to any action taken regarding such apparent violation. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during such period, the board or division shall receive a further report at the close of every 30-day period until the time of final disposition.

AB126,5,13 (c) No investigation is required of any petition or complaint which is not verified. The board or division may summarily dismiss any complaint which it finds to be without merit.

AB126,5,15 (4) Employees. All employees of the board and the division shall be nonpartisan.

AB126,5,20 (5) Biennial report. Notwithstanding s. 15.04 (1) (d), the board and the division shall each file its biennial report required by that paragraph on or before June 30 of each odd-numbered year, covering the biennium ending on the previous December 31. The board may include any information compiled under s. 11.21 (7) in such report.

AB126,6,5 (6) Formal opinions. Any interested person may make written request to the board or the division, as appropriate, to issue a formal opinion with respect to the person's authority or responsibilities under chs. 5 to 12. The board or division shall within 15 days advise the person requesting an opinion whether or not a formal opinion will be issued. If a formal opinion will be issued, it shall be issued within 30 days of the request. No person acting in good faith upon a formal opinion issued to the person by the board or the division shall be subject to civil or criminal prosecution for so acting, if the material facts are as stated in the opinion request. Nothing in this subsection requires the issuance of an opinion by the board or division, nor precludes it from issuing an opinion or ruling in any other manner.

AB126,6,16 (7) Administrative meetings and conferences. The board and the division shall conduct regular information and training meetings at various locations in the state for county and municipal clerks and other election officials. Administrative meetings shall be designed to explain the election laws and the forms and rules of the board and the division, to promote uniform procedures and to assure that clerks and other officials are made aware of the integrity and importance of the vote of each citizen. The board or the division may conduct conferences relating to election laws, practice and procedure. The board or the division may charge persons attending the administrative meetings and conferences for its costs incurred in conducting the meetings and conferences at a rate not exceeding the per capita cost incurred by the board or the division.

AB126,6,22 (9) Standing. The board has and the division have standing to commence or intervene in an action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns, as appropriate, or ensuring their proper administration. If the board delegates authority to the executive director under sub. (1) (e) to act in its stead, the executive director has standing to commence or intervene in such an action or proceeding.

AB126,7,10 (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 division 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 division 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 division, the board division shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board division may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.

AB126,7,21 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) 20.575 (2) (t) and (x), the board division 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 division 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 division.

AB126,8,2 (12) Voter education. The board division may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The board division 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.

AB126,8,7 (13) Toll-free election information exchange. (a) The board division 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.

AB126,8,11 (b) The board division 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.

AB126,8,15 (14) Information from county and municipal clerks. The board division 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.

AB126,8,20 (15) Registration list. The board division is responsible for the design and maintenance of the official registration list under s. 6.36. The board division shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board division for proper maintenance of the list.

AB126, s. 5 Section 5. 5.055 of the statutes is amended to read:

AB126,9,10 5.055 Election assistance commission standards board. The executive director of the board administrator 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 administrator 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 administrator 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 administrator shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

AB126, s. 6 Section 6. 5.056 of the statutes is amended to read:

AB126,9,17 5.056 Matching program with secretary of transportation. The executive director of the board administrator 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 division under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.

AB126, s. 7 Section 7. 5.06 (1) of the statutes is amended to read:

AB126,9,25 5.06 (1) Whenever any elector of a jurisdiction or district served by an election official believes that a decision or action of the official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector may file a written sworn complaint with the board division requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The board division may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under ch. 227 if it believes such action to be appropriate.

AB126, s. 8 Section 8. 5.06 (2) of the statutes is amended to read:

AB126,10,19 5.06 (2) No person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the board division. A complaint is deemed disposed of if the board division fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board division concludes its investigation without a formal decision.

AB126, s. 9 Section 9. 5.06 (4) of the statutes is amended to read:

AB126,11,2 5.06 (4) The board division may, on its own motion, investigate and determine whether any election official, with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections, has failed to comply with the law or abused the discretion vested in him or her by law or proposes to do so.

AB126, s. 10 Section 10. 5.06 (5) of the statutes is amended to read:

AB126,11,9 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion, the board division may order any election official to immediately transfer to its possession any original documents in the custody of the official which the board division finds to be necessary and relevant to permit review of compliance with the laws concerning nominations, qualifications of candidates, ward division and numbering, recall or ballot preparation or the proper administration of such laws.

AB126, s. 11 Section 11. 5.06 (6) of the statutes is amended to read:

AB126,11,17 5.06 (6) The board division may, after such investigation as it deems appropriate, summarily decide the matter before it and, by order, require any election official to conform his or her conduct to the law, restrain an official from taking any action inconsistent with the law or require an official to correct any action or decision inconsistent with the law. The board division shall immediately transmit a copy of the order to the official. An order issued under this subsection is effective immediately or at such later time as may be specified in the order.

AB126, s. 12 Section 12. 5.06 (7) of the statutes is amended to read: