AB700: Bill Text Engrossed

LRB-4546/1

JTK/RJM:kmg:ch

1999 - 2000 LEGISLATURE

Engrossed 1999 Assembly BILL 700

February 10, 2000 - Printed by direction of Senate Chief Clerk.

AB700-engrossed,3,2 An Act to repeal 5.25 (4) (b), 5.35 (6) (a) 4., 5.55 (form), 5.58 (2) (b), 5.60 (8) (a) 1., 2. and 3., 5.64 (1) (c), 5.64 (2) (a) and (b), 5.64 (3) (intro.), 6.30 (2) and (3), 6.865 (2), 7.30 (4) (cm), 7.30 (4) (cn), 7.38 (title) and (1), 7.39, 8.17 (2), (3) and (4) (a) and (b) and 9.10 (2) (em) 3.; to renumber and amend 5.55 (intro.), 5.58 (2) (a), 5.60 (8) (a) (intro.), 5.62 (1) (b), 5.62 (2), 5.64 (1) (e), 5.64 (2) (intro.), 5.64 (3) (a), 5.64 (3) (b), 7.38 (3) and 8.17 (4) (c); to consolidate, renumber and amend 6.865 (intro.) and (1); to amend 5.01 (4) (a), 5.05 (1) (e), 5.15 (6) (b), 5.25 (1), 5.35 (4), 5.35 (6) (b), 5.37 (3), 5.53 (2), 5.58 (intro.), 5.58 (1) (intro.), 5.58 (1c), 5.58 (1g) (a), 5.58 (1g) (b), 5.58 (1r), 5.58 (2m), 5.60 (intro.), 5.60 (1) (intro.), 5.60 (1) (b), 5.60 (2), 5.60 (3) (intro.), 5.60 (4) (a) and (b), 5.60 (4m), 5.60 (5) (intro.), 5.60 (5) (a), 5.60 (6) (a), 5.60 (6m) and (7), 5.60 (8) (intro.), 5.62 (1) (a), 5.62 (5), 5.64 (1) (intro.), 5.64 (1) (a), 5.64 (1) (b), 5.64 (1) (d), 5.64 (1) (f), 5.64 (2) (c), 5.65, 5.68 (5), 5.81 (1), 5.81 (2), 6.15 (3) (b), 6.22 (4), 6.22 (5), 6.24 (1) and (2), 6.24 (3), 6.24 (3), 6.24 (4) (c), 6.24 (4) (d), 6.24 (5), 6.24 (6), 6.275 (1) (c), 6.28 (1), 6.29 (1), 6.29 (2) (b), 6.29 (2) (c), 6.30 (1), 6.30 (4), 6.33 (2) (b), 6.45 (1), 6.79 (intro.), 6.79 (1) and (2), 6.79 (5), 6.80 (2) (e) and (f), 6.86 (1) (b), 6.86 (3) (a), 6.87 (2) (intro.), 6.87 (3) (a), 6.87 (4), 6.875 (2) (b), 6.875 (2) (c), 6.875 (4), 6.875 (6), 6.88 (1), 6.88 (2), 6.88 (3) (b), 6.95, chapter 7 (title), 7.08 (1) (c), 7.08 (2) (a), 7.10 (2), 7.15 (1) (cm), 7.30 (2) (a), 7.30 (4) (b) 1., 7.30 (4) (b) 2., 7.37 (6), 7.41 (1), 7.53 (3) (a), 7.60 (2), 7.60 (4) (a), 7.60 (4) (b), 7.60 (5), 7.60 (6), 7.70 (3) (a), 7.70 (3) (b), 7.70 (3) (c), 7.70 (3) (d), 7.70 (3) (e) (intro.), 7.70 (3) (g), 7.70 (3) (h), 7.70 (3) (i), 7.70 (5) (a), 8.05 (1) (j), 8.05 (3) (b), 8.05 (3) (d) and (e), 8.05 (5), 8.10 (3) (intro.), 8.10 (6) (a), 8.12 (2), 8.15 (4) (a), 8.17 (1) (a), 8.17 (5) (b), 8.20 (3), 8.20 (9), 8.21, 8.35 (2) (a), 8.35 (2) (d), 8.40 (2), 8.50 (1) (a), 8.50 (1) (b), 8.50 (4) (fm), 9.01 (1) (a), 9.01 (1) (ar) 3., 9.01 (1) (b) 2., 9.01 (2), 9.01 (5) (a), 9.01 (5) (c), 9.01 (6) (a), 9.01 (7), 9.01 (8), 9.10 (2) (em) 1., 9.10 (2) (n), 9.10 (2) (r) 4., 10.02 (3) (b) 1., 10.02 (3) (b) 2., 10.02 (3) (b) 2m., 10.02 (3) (b) 3. and 4., (c) and (d), 10.06 (2) (h), 10.06 (4) (i), 11.02 (3), 11.03 (1), 11.60 (4) and (5), 13.123 (3) (b) 2., 24.66 (4), 32.72 (1), 38.08 (1) (a) 1., 59.05 (2), 59.08 (7) (b), 60.62 (2), 60.74 (5) (b), 60.785 (2) (a), 61.187 (1), 61.46 (1), 62.13 (6) (b), 64.39 (2), 66.021 (5) (a), 66.022 (3), 66.023 (4) (e) 1. and 2., 66.024 (4) (a) and (b), 66.027, 66.028 (6) (a) and (b), 66.059 (2m) (b), 66.061 (1) (c), 66.061 (1) (c), 66.075 (5), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.12 (12) (e) 6., 81.01 (3) (b), 86.21 (2) (a), 92.11 (4) (c), 119.48 (4) (c), 119.49 (2), 120.06 (6) (b), 121.91 (3) (a), 125.05 (1) (b) 5., 197.04 (1) (b), 197.10 (2), 227.52 (6), 755.01 (4) and 778.135; to repeal and recreate 6.22 (2) (b); and to create 5.25 (4) (d), 5.51 (8), 5.62 (1) (b) 2., 5.62 (2) (b), 5.64 (1) (e) 2., 5.64 (1) (eg), 5.655, 6.87 (3) (d), 7.10 (6), 7.21 (2m), 8.10 (6) (bm), 8.17 (5) (bm), 8.37, 9.01 (5) (bm), 11.02 (3e) and 67.05 (3) (am) of the statutes; relating to: various changes in the election laws; requiring a referendum; and providing penalties.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1999 Assembly Bill 700 consists of the bill as passed by the assembly on February 9, 2000, as affected by the following documents adopted in the assembly on February 9, 2000: Assembly Amendment 1 and Assembly Amendment 2. The text also includes the February 17, 2000, chief clerk's correction to Assembly Amendment 2 and the February 23, 2000, chief clerk's correction to 1999 Assembly Bill 700.

Content of Engrossed 1999 Assembly Bill 700:

This bill makes various changes in election laws. Significant provisions include:

I. REGISTRATION AND VOTER PARTICIPATION

Transmittal of absentee ballots by facsimile transmission or electronic mail

Currently, when an elector who qualifies for an absentee ballot makes a proper written application for a ballot, the municipal clerk mails a ballot to the elector, together with a certificate-affidavit envelope. The elector then casts the ballot, encloses the ballot in the certificate-affidavit envelope, signs the certificate-affidavit and mails the envelope to the municipal clerk of the municipality who sent the ballot to the elector.

This bill permits the municipal clerk of any municipality to send an absentee ballot to an elector who files a valid application for the ballot by means of facsimile transmission or electronic mail, unless the municipality uses an electronic voting system that requires an elector to punch a ballot in order to cast the elector's votes. The absentee ballot must be accompanied by a copy of the text of a certificate or affidavit, together with instructions prescribed by the elections board. The elector must then enclose the ballot in an envelope that is in turn enclosed in a larger envelope containing the certificate or affidavit, subscribe to the certificate or affidavit and mail the larger envelope to the municipal clerk with postage prepaid.

Substantiation of voter registration information

Currently, when an elector registers by mail before election day, the elector's registration form must be substantiated by a special voter registration deputy or by another elector who resides in the same municipality where the registering elector resides, substantiating all material statements on the registration form.

This bill deletes this requirement.

Late voter registration

Under current law, the deadline for voter registration 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 the second 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 second 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 with a population of over 500,000 (currently, only Milwaukee). 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 use of a public building is impracticable, as under current law, or if use of a nonpublic building better serves the needs of the electorate.

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 two 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 by 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 2000.

Depositing ballots into ballot boxes

Generally, under current law, when an elector has completed voting his or her ballot, the elector may either deposit the ballot into the ballot box or deliver it to an election inspector for deposit into 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 ten 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 into 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 into the appropriate ballot box and do not provide the option for an inspector to deposit the ballot.

This bill amends current law to provide specifically that, in these situations, the ballots may be either deposited directly into the ballot box by the electors or given to the inspector who must deposit them into the ballot box.

II. 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.

Observation at polling places

Currently, political party committeemen and committeewomen may appoint official observers to observe proceedings at polling places. Candidates at partisan primary elections, as well as independent and nonpartisan candidates, and groups seeking to influence voting at referenda may similarly appoint official observers. Official observers are issued permits by the appropriate municipal clerk or board of election commissioners. In addition, under current law, any person other than a candidate may be present at a polling place for purposes of observation, provided that the person is not disruptive and does not engage in electioneering.

This bill discontinues appointment of official observers, but retains the right of persons other than candidates to observe proceedings at polling places. The bill also permits the chief inspector (poll worker) at each polling place to reasonably limit the number of persons representing the same organization who are permitted to observe at the polling place at the same time.

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, at each election, within each assembly district or county, the party have at least one candidate for any national, state or county office listed on the ballot. If a party that qualifies for a separate ballot, column or row under current law does not qualify for a separate ballot, column or row under the bill, the bill requires that a separate ballot, column or row be provided instead that must contain a place for casting a vote for a write-in candidate of each party that qualifies under current law for a separate ballot, column or row for each office, but that no longer qualifies for a separate ballot, column or row under the bill.

III. elections administration

Electronic poll lists

Under current law, election officials at each election ward must maintain two separate lists of all persons voting. This bill authorizes those lists to be maintained in an electronic format approved by the elections board or its executive director.

Reporting election returns by ward

Current law authorizes the governing body of a municipality to combine two or more wards for voting purposes to facilitate using a common polling place. However, with certain exceptions, every municipality having a population of 35,000 or more is required to maintain separate election returns for each ward so combined. This bill changes the population threshold so that only municipalities with a population of 50,000 or more are required to maintain separate election returns for each ward so combined.

Affidavits relating to nomination papers and petitions

Under current law, the circulator of a nomination paper or other election-related petition must make, under oath, an affidavit attesting to certain information including the fact that he or she personally circulated the nomination paper or petition, personally obtained each signature and knows the respective residences of each signer. A circulator falsifying this information may be fined not more than $10,000 or imprisoned for not more than three 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 five 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 does not subject a person to the penalties for false swearing.

Canvass of elections by designees

Currently, the chairperson of the elections board canvasses the returns of elections for state and national office and statewide referenda and determines the results. This bill permits the chairperson to appoint another person to canvass a specific election. The designee of the chairperson then carries out the duties of the chairperson for that election only.

Under current law, the county board of canvassers is composed of the county clerk and two qualified electors of the county appointed by the clerk. If the county clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate for an office to be canvassed by the board, the county executive or the chairperson of the county board of supervisors, if there is no executive, must designate another qualified elector of the county to perform the clerk's duties. Also under current law, every county clerk is required to appoint one or more deputies.

This bill provides that, if a county clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform his or her duties. Under the bill, if the county clerk and the designated deputy clerk are both unable to perform their duties, the county executive or chairperson of the county board of supervisors designates another qualified elector to serve, as currently provided.

Administration of elections for joint municipal judges

Under current law, municipalities may enter into an agreement to establish a joint municipal court. In such cases, candidates for municipal judge file nomination papers with the elections board and their elections are certified by the board of state canvassers.