LRB-4946/3
JTK:kg:lp
1997 - 1998 LEGISLATURE
March 26, 1998 - Introduced by Joint Legislative Council. Referred to
Committee on Elections and Constitutional Law.
AB959,3,10 1An Act to repeal 5.25 (4) (b), 5.35 (6) (a) 4., 5.55 (form), 5.58 (2) (b), 5.64 (1) (c),
25.64 (2) (a) and (b), 5.64 (3) (intro.), 6.865 (2), 6.92 (1) to (6), 6.925 (1) to (6), 7.15
3(1) (cs), 8.17 (2), (3) and (4) (a) and (b), 10.66 (1m) (a) and 10.76 (1r) (a); to
4renumber and amend
5.55 (intro.), 5.58 (2) (a), 5.62 (1) (b), 5.62 (2), 5.64 (1)
5(e), 5.64 (3) (a), 5.64 (3) (b), 6.92 (intro.), 6.925 (intro.) and 8.17 (4) (c); to
6consolidate, renumber and amend
6.865 (intro.) and (1); to amend 5.01 (4)
7(a), 5.05 (1) (e), 5.15 (6) (b), 5.25 (1), 5.37 (3), 5.58 (1c), 5.58 (1r), 5.58 (2m), 5.60
8(1) (intro.), 5.60 (1) (b), 5.60 (8) (a), 5.62 (1) (a), 5.62 (5), 5.64 (1) (intro.), 5.64 (1)
9(a), 5.64 (1) (b), 5.64 (1) (d), 5.64 (1) (f), 5.65, 5.85 (2) and (3), 5.85 (5), 5.86 (1),
106.15 (3) (b), 6.24 (1), (2) and (3), 6.24 (5), 6.28 (1), 6.29 (1), 6.77 (2), 6.79 (intro.),
116.80 (2) (e) and (f), 6.85, 6.86 (1) (b), 6.86 (3) (a), 6.87 (2), 6.875 (4), 6.88 (1), 7.30
12(1) and (2), 7.30 (4) (a), 7.30 (4) (c), 7.30 (4) (d), 7.51 (2) (e), 7.51 (2) (g), 7.51 (4)
13(a), 7.53 (1), 7.53 (2) (d), 7.53 (3) (a), 7.60 (2), 7.60 (4) (a), 7.60 (4) (b), 7.60 (4) (c),
147.60 (5), 7.60 (6), 7.70 (3) (d), 7.70 (3) (f), 8.05 (1) (j), 8.05 (3) (d) and (e), 8.10 (3)

1(intro.), 8.10 (6) (a), 8.11 (1) (b) and (d), (2), (2m) and (5), 8.12 (2), 8.15 (4) (a),
28.17 (1) (a), 8.17 (5) (b), 8.20 (3), 8.20 (9), 8.21, 8.35 (2) (a), 8.40 (2), 8.50 (1) (a),
38.50 (1) (b), 8.50 (2) (a), 8.50 (4) (fm), 9.01 (1) (ag) 1. and 2., 9.01 (2), 9.01 (5) (a),
49.01 (7) (a), 10.02 (3) (b) 1., 10.02 (3) (b) 2., 10.02 (3) (b) 2m., 10.02 (3) (b) 3., 4.,
5(c) and (d), 10.82 (1) (e), 10.82 (2) (d), 10.82 (3) (d), 10.82 (4) (d), 10.82 (5) (c),
611.02 (3), 11.03 (1), 11.60 (4) and (5), 24.66 (4), 32.72 (1), 38.08 (1) (a) 1., 59.05
7(2), 59.08 (7) (b), 60.24 (3) (a), 60.30 (4) (b), 60.62 (2), 60.74 (5) (b), 60.785 (2) (a),
861.187 (1), 61.46 (1), 62.13 (6) (b), 64.39 (2), 66.021 (5) (a), 66.022 (3), 66.023 (4)
9(e) 1. and 2., 66.024 (4) (a) and (b), 66.027, 66.028 (6) (a) and (b), 66.059 (2m) (b),
1066.061 (1) (c), 66.075 (5), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.12 (12) (e)
116., 81.01 (3) (b), 86.21 (2) (a), 92.11 (4) (c), 119.48 (4) (c), 119.49 (2), 120.06 (6)
12(b), 120.06 (7) (a), 120.06 (7) (b), 121.91 (3) (a), 125.05 (1) (b) 5., 197.04 (1), 197.10
13(2), 755.01 (4) and 778.135; and to create 5.02 (26), 5.25 (4) (d), 5.51 (8), 5.62
14(1) (b) 2., 5.62 (2) (b), 5.64 (1) (e) 2., 5.64 (1) (eg), 5.655, 6.77 (3), 7.08 (5), 7.10
15(5), 7.10 (6), 7.15 (1) (L), 7.21 (2m), 8.10 (6) (bm), 8.17 (5) (bm), 8.37, 9.01 (1) (ag)
162g. and 2r., 11.02 (3e), 67.05 (3) (am) and 120.06 (8) (dm) of the statutes;
17relating to: absentee voting qualifications; late voter registration; location of
18polling places; reports on impediments to voting; selection of party
19committeemen and committeewomen; recount fees; delivery of recount
20petitions to affected candidates; minutes of recount proceedings; certifications
21by circulators of nomination papers and election-related petitions; presidential
22ballots; maintenance of poll lists in an electronic format; an elector's residency
23for voting purposes after municipal annexation; qualification of political
24parties for separate positions on partisan primary and election ballots; the date
25of special elections; the composition of the county board of canvassers;

1eligibility of adult children of overseas electors to vote in this state; reporting
2of election returns by ward; authorizing a county board of election
3commissioners to bring civil actions for violations of the campaign financing
4law; administration of elections for joint municipal judges; depositing ballots
5in ballot boxes; the time for a hearing on recount appeals; write-in absentee
6ballots; consolidated paper ballots; filing of referenda questions; ballot design;
7filing of declarations of candidacy and recording of votes received by write-in
8candidates in certain elections; the method of selection of election officials; the
9procedure for challenging electors; terms of office of town officers; granting
10rule-making authority; and requiring a referendum.
Analysis by the Legislative Reference Bureau
This bill is explained in the Note provided by the joint legislative council in the
body of the bill.
For further information see the state and 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:
Prefatory note: This bill was prepared for the joint legislative council's special
committee to review the election process.
I. DATE OF SPECIAL ELECTIONS
Generally, under current law, the date of a special election may not be less than 62
days nor more than 77 days from the date of the order requiring the special election. This
bill provides that the date of the special election may not be less than 92 days nor more
than 107 days from the date of the order requiring the special election.
II. REGISTRATION AND VOTER PARTICIPATION
Voting Absentee
Under current law, the authority to vote absentee is restricted to electors who will
be absent from the municipality in which they are qualified electors on election day for
any reason or who because of age, sickness, handicap, physical disability, jury duty,
service as an election official or religious reasons cannot appear at the polling place in
their wards.
This bill authorizes absentee voting by any qualified elector who for any reason is
unable or unwilling to vote at the polling place.
Late Voter Registration

Under current law, the deadline for voter registration is 5 p.m. on the 2nd
Wednesday preceding the election. Registrations made by mail must be delivered to the
office of municipal clerk or board of election commissioners or postmarked not later than
the 2nd Wednesday preceding the election. Voters may register after this deadline in
person at the office of the municipal clerk or board of election commissioners or at the
proper polling place on election day.
This bill authorizes a municipal clerk to accept a registration in any manner after
the 2nd Wednesday preceding an election, if the clerk determines that the registration
list can be revised to incorporate the registration in time for the election without creating
a secondary registration list or separate registration material to accommodate the late
registrant.
Location of Polling Places
Under current law, the governing body of a city, village or town establishes polling
places, except that the city board of election commissioners establishes polling places in
cities over 500,000 population. So far as practicable, the places chosen must be public
buildings.
This bill permits the authority charged with establishing polling places to choose
a nonpublic building for this purpose if a public building is not practicable, as under
current law, or a nonpublic building better serves the needs of the electorate.
Challenging Electors
Under current law, election inspectors must challenge an elector's qualifications
to vote if the inspector knows or suspects that the elector attempting to vote is
unqualified. In doing so, the challenged elector must be administered an oath and must
be asked various questions specified in the statutes designed to aid in determining the
elector's qualifications. The inspector may also ask any other questions to determine the
elector's qualifications. The statutory questions are as follows:
"(1) If challenged as unqualified on the ground that the person is not a citizen: Are
you a citizen of the United States?
(2) If challenged as unqualified on the ground that the person is not a resident of
the ward where the person's vote is offered:
(a) When did you last come into this ward?
(b) Did you come for a temporary purpose only, or for the purpose of making it your
home?
(c) Did you come into this ward for the purpose of voting here?
(d) Have you now and have you had for the last 10 days a voting residence in this
ward? If so, what is the particular description, name and location of your residence?
(e) If the answer to par. (d) is no, then: Have you moved from the ward after the
close of registration?
(f) Have you registered to vote at this election at any other place within or outside
this state?
(g) Have you applied for an absentee ballot at any place in this or any other state?
(h) If single, do you board for part of the week, month or year with your parents?
(i) If you have no parents, or are self-supporting, have you registered to vote in this
ward?
(j) Will you file your next state income tax return as a resident of this ward?
(3) If challenged as unqualified on the ground that the person is not 18 years of age:
Are you 18 years of age to the best of your knowledge and belief?
(4) If challenged as unqualified on the ground that the person has made or become
directly or indirectly interested in any bet or wager depending upon the result of the
election:
(a) Have you made, in any manner, any bet or wager depending upon the result
of this election, or on the election of any person for whom votes may be cast at the election?
(b) Are you in any manner, directly or indirectly, interested in any bet or wager
depending in any way upon the result of this election?

(5) If challenged as unqualified on the ground that the person has been convicted
of treason, felony or bribery and not been subsequently restored to civil rights:
(a) Have you ever been tried or convicted in this state of any crime? If yes, then—
(b) Of what crime, when and in what court were you so convicted?
(c) Have you in any manner since the conviction been restored to civil rights, and
if yes, how?".
Challenges to an elector's qualifications may also be made by other electors who
know or suspect that an elector is not qualified to vote. In such a case, the elector making
the challenge is asked similar questions, which are also specified in the statutes, designed
to elicit information about the challenged elector's qualifications.
This bill repeals the statutory questions used when an elector's qualifications are
challenged. Instead, the bill requires the elections board, by rule, to determine the
questions to be asked when an elector's qualifications are challenged.
Report on Impediments to Voting
Under current federal and state law, all polling places, with limited exceptions,
must be accessible to handicapped and elderly voters. Until 1994, federal law also
required the chief election officer of each state to report to the federal election commission
every 2 years the number of accessible and inaccessible polling places in the state and the
reasons for any instances of inaccessibility. State law requires the executive director of
the state elections board to transmit a copy of each such report to the legislature. Federal
law, however, no longer requires this report.
This bill deletes the current reporting requirements and instead requires the state
elections board to submit a biennial report on the impediments faced by elderly and
handicapped voters in the state to each house of the legislature for distribution to the
appropriate standing committees.
Voting Residence After Annexation
Under current law, when territory of a municipality becomes part of another
municipality, an elector of the territory must vote in the municipality in which the
territory is included on the day of the election.
This bill provides that when such territory becomes part of another municipality
fewer than 10 days prior to an election, an elector must vote in the municipality in which
the territory was included prior to the change.
Children of Overseas Electors
Under current law, the adult dependent children of members of the armed forces
and merchant marine, federal employes and peace corps volunteers who are stationed
abroad may vote in elections in this state in the ward or election district where the parent
who provides support for the children is entitled to vote. This bill extends the privilege
of voting, in federal elections only, to the adult citizen children of other U.S. citizens who
are residing overseas, subject to approval at a statewide referendum to be held in
November 1998.
Depositing Ballots in Ballot Boxes
Generally, under current law, when an elector has completed voting his or her
ballot, the elector may either deposit the ballot in the ballot box or deliver it to an election
inspector for deposit in the ballot box. However, in certain situations, electors are not
given such an option. For example, persons otherwise qualified to vote, but who have not
resided in the state for 10 days prior to the date of the presidential election, may vote for
president but the statutes provide that such electors' ballots must be given to an election
inspector who must deposit the ballots in the ballot box. Conversely, at partisan
primaries and the presidential preference primary when paper ballots are distributed to
electors, the statutes provide that an elector must place the ballot in the appropriate
ballot box and do not provide the option for an inspector to deposit the ballot. This bill
amends current law to specifically provide that, in these situations, the ballots may be

either deposited directly in the ballot box by the electors or given to the inspector who
must deposit them in the ballot box.
III. ROLE OF POLITICAL PARTIES AND CANDIDATES
Election of Committeemen or Committeewomen
Under current law, political parties qualifying for separate ballot status elect their
party committeemen or committeewomen at the September primary. The function of
committeemen and committeewomen is to represent their neighborhoods in the structure
of the political parties and to serve as liaisons between their party and the residents of
their election districts.
This bill requires that political party committeemen or committeewomen be
selected by a vote of the county political party members in good standing at a meeting held
after the September primary but before April 1 of the following year.
Affidavits Relating to Nomination Papers and Petitions
Under current law, the circulator of nomination papers or other election-related
petitions must make, under oath, an affidavit attesting to certain information including
the fact that he or she personally circulated the nomination papers or petition, personally
obtained the signatures thereon and knows the respective residences of the signers
thereof. A circulator falsifying any such information may be fined not more than $10,000
or imprisoned not more than 3 years, or both, under the election laws. The person may
also be subject to a fine of not more than $10,000 or imprisonment not to exceed 5 years,
or both, for false swearing.
This bill deletes the requirement that circulators of nomination papers or
election-related petitions make an affidavit under oath. Instead, the bill requires
circulators to certify all of the information currently required in the affidavit, subject to
the same penalties under the election laws. However, under the bill, falsifying the
information in the circulator's certification would not subject a person to the penalties for
false swearing.
Presidential Ballots
Current law requires a separate ballot when the president and vice president of the
United States are to be elected. This bill eliminates that requirement and requires
instead that the names of candidates for president and vice president be placed on the
official general election ballot in a manner that will allow electors to vote for a political
party's candidates for president and vice president by voting a straight party ticket.
Partisan Primary and Election Ballots
Under current law, every recognized political party listed on the official ballot at
the last gubernatorial election whose candidate for any statewide office received at least
1% of the total votes cast for that office and, if the last general election was also a
presidential election, every recognized political party listed on the ballot at that election
whose candidate for president received at least 1% of the total votes cast for that office
is entitled to a separate primary ballot or one or more separate columns or rows on the
September primary ballot. In addition, at least one candidate of the party for a state office
must have qualified to have his or her name appear on the ballot under the name of the
party at the last gubernatorial election.
This bill imposes an additional requirement that, within each assembly district or
county, the party have at least one candidate for any national, state or county office listed
on the current ballot. If a party does not qualify for a separate ballot, column or row, the
bill requires that the ballot contain a place for casting a vote for a write-in candidate of
the party for each office.
Filing Declarations of Candidacy
Currently, the name of each person who receives a vote at an election is recorded
on the returns for that election. When a county or state canvass of an election is
performed, the names of write-in candidates who receive a comparatively small number
of votes may be omitted and the votes designated on the returns as "scattering votes".

This bill permits any write-in candidate to file a declaration of candidacy with the
appropriate filing officer or agency, in the same form as is currently provided for other
candidates, no later than 5 p.m. on the day before a primary or other election at which
the candidate seeks office. Under the bill, the name of any write-in candidate need not
be recorded on the returns for any election unless the candidate has filed a timely
declaration of candidacy for the office for which the candidate receives votes. The
procedure does not apply if a write-in candidate seeks an office for which there are no
candidates whose names appear on the ballot or if there appears on the ballot the name
of a deceased candidate for the office which the write-in candidate seeks.
Commencement of Terms of Office for Certain Elected Town Officers
This bill changes the date of commencement of the terms of office for elected town
officers from one week after the spring election to 2 weeks after the election, consistent
with the commencement dates of elected county, city and village officers. The bill does
not change the June 1 commencement date for the term of an elected town assessor.
IV. ELECTIONS ADMINISTRATION
Appointment of Poll Workers
Currently, party committeemen and committeewomen, if any, may nominate to
municipalities individuals to serve as election inspectors (poll workers) and special voting
deputies at certain nursing and retirement homes and community-based residential
facilities. Under the appointment procedure for election inspectors, a committeeman or
committeewoman submits a number of nominees equal to the number of inspectors to be
appointed. A committeeman or committeewoman may designate any individual as a first
choice nominee. The municipal governing body or board of election commissioners must
appoint every first choice nominee unless the governing body or board of election
commissioners obtains permission from the state elections board not to appoint the
nominee. The elections board may only permit nonappointment if a showing of good
cause is made. A municipality's request for nonappointment may be contested and is
subject to notice and hearing under the state administrative procedure act. The decision
of the elections board may be appealed to circuit court. Regardless of whether nominees
are submitted to a municipality by a committeeman or committeewoman, all election
inspectors must be designated to represent one of the 2 political parties whose candidate
for president or governor received the greatest number of votes in the area served by the
polling place at the most recent general election, with the party whose candidate received
the greatest number of votes entitled to be represented by one more inspector than the
other party. Appointees serve for 2-year terms. Vacancies are filled by the municipal
clerk or board of election commissioners of each municipality in the same manner that
original appointments are made.
This bill provides that whenever there are an insufficient number of nominees
submitted to a municipality by the appropriate party committeemen and
committeewomen, the municipality may appoint election inspectors or special voting
deputies without regard to party affiliation.
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