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.