Scope Statements
Government Accountability Board
This statement of scope was approved by the governor on July 11, 2013.
Rule No.
Relating to
Assistance by government accountability board staff and voting procedures for challenged electors.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed change to s.
GAB 6.03, Wis. Adm. Code, is simply to amend statutory references that occurred with the adoption of
2007 Wisconsin Act 1. The proposed change to s.
GAB 9.03, Wis. Adm. Code, removes a single reference to “lever" voting machines which are no longer permitted in Wisconsin.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed revisions do not result in any policy changes. The changes bring the rules into conformity with current Wisconsin statutes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
5.05 (1) (f), Stats., expressly authorizes the Board to promulgate rules under ch.
227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
Section
5.05 (6a), Stats., permits the Board to authorize staff to provide informal opinions to individuals requesting advice. In s.
GAB 6.03 the Board has authorized the staff to provide these informal opinions.
Section
6.95, Stats., provides procedures for challenged electors to cast a ballot. In s.
GAB 9.03, additional detail is provided on the voting procedures for challenged electors.
Section
227.11 (2) (a), Stats., expressly authorizes the Board to promulgate rules to interpret the provisions of statutes the Board enforces or administers.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10-15 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect individuals requesting advice from the Government Accountability Board staff and challenged electors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Requests for assistance from the Government Accountability Board staff and voting procedures for challenged electors are state and local functions, not functions of the federal government. Federal regulations do not govern on these matters.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no economic impact anticipated to implement the rule changes.
9. Contact Person
Michael Haas, 608-266-0136, michael.haas@wisconsin. gov.
Government Accountability Board
This statement of scope was approved by the governor on July 11, 2013.
Rule No.
Relating to
Complaint procedure and enforcement of campaign finance, lobbying, and ethics laws relating to ss.
5.05 (1) (f),
5.05 (2) (m),
5.93,
11.60,
13.69,
19.55,
227.11 (2) (a), Stats., and interpreting Subchapter
I of Chapter 5 of the Wisconsin Statutes.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
This rule repeals rules ss.
GAB 21.01 and
21.04 and amends s.
GAB 20.01 as they are no longer operable subsequent to the merger of the State Ethics Board with the State Elections Board under
2007 Wisconsin Act 1. These rules prescribe procedures relating to processing complaints that were propagated under those particular state agencies. Because those agencies merged into the Government Accountability Board under
2007 Wisconsin Act 1, the associated complaint procedure of the former Ethics Board and the campaign finance complaint procedure of the former Elections Board are no longer consistent with current practices. The Government Accountability Board complaint procedures are provided by statute and not by administrative rule; therefore, the existing rules need to be repaired and repealed.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policy: The existing policy prescribes rules that were intended for agencies that no longer exist and delineate complaint procedures that are inaccurate (e.g., the GAB address that is given in s.
GAB 21.01 is not the address of the GAB's current location) or are superfluous to procedures that are prescribed in state statues.
Proposed policy: Repealed ss. GAB 21.01 and 21.04 will reconcile the administrative code with the statutory changes that have occurred since 2007 and the amended s.
GAB 20.01will accurately describe the provisions in the state statutes consistent with the complaint procedures currently in effect at the Government Accountability Board.
Alternatives:
A)
Do Nothing — leave chapters GAB 20 and 21 as they are.
1) Pros: This alternative means that no rule revision is necessary and staff resources will not be diverted from other tasks and duties needing the attention of the GAB.
2) Cons: The absence of rule revision and repeal in this instance will perpetuate out of date procedures and leave intact inaccurate rules in the administrative code.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
5.05 (1) (f), Stats., expressly authorizes the Board to promulgate rules under ch.
227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
Section
5.93, Stats., establishes that the board may promulgate “reasonable rules" for its administration.
Section
227.11 (2) (a), Stats., expressly authorizes the Board to promulgate rules to interpret the provisions of statutes the Board enforces or administers.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10-15 hours
