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.
This bill requires those candidates to file nomination papers with the county
clerk or board of election commissioners of the county having the largest population
in the jurisdiction served by the judge and their elections to be certified by the board
of canvassers of that county.
Consolidated ballots
Under current law, if a municipality utilizes paper ballots at an election, it must
provide separate ballots for certain offices or combinations of offices specified by law
and separate ballots for referenda. The ballots are then distributed only to those
groups of electors who are eligible to vote in the elections to which they pertain.
This bill authorizes a municipality, with the consent of the county clerk or board
of election commissioners of each county in which there is located any portion of the
municipality, to substitute for paper ballots a single consolidated paper ballot or a
ballot that is prepared for utilization with an electronic voting system. With the
consolidated ballot, all of the offices and referenda appear on the same ballot. The
bill provides that a consolidated paper ballot or ballot that is prepared to be used with
an electronic voting system may be distributed only to electors who are eligible to
vote for all of the offices and in all of the referenda appearing on the ballot.
Filing of referendum questions
Generally, under current law, notice of referenda questions that will appear on
an election ballot must be published by the appropriate county or municipal clerk or
other appropriate election official or agency prior to the election at which they will
appear. However, the statutes do not provide a specific time by which the questions
must be provided to the official or agency.
This bill requires that, unless otherwise required by current law, all referenda
questions that will appear on an election ballot, and all petitions seeking to have
questions submitted to a vote of the people, be submitted to the official or agency
responsible for the preparation of the ballots no later than six weeks prior to the
election at which the questions will appear. If, under current law, a referendum may
be held sooner than six weeks after the filing of a petition or the passage of a
resolution calling for that referendum, this bill extends the time period before which
the referendum may be held to not less than six weeks.
Ballot design requirements
Current law sets forth numerous, specific ballot design requirements for use in
elections, including spring primary ballots, spring election ballots, September
primary ballots, general election ballots and special referenda ballots.
This bill deletes these specific requirements. Instead, the bill requires that,
unless otherwise provided by the statutes, all ballots conform with the ballot forms
prescribed by the state elections board.
Appeal of recount determinations to circuit court
Current law permits certain individuals to appeal a recount determination to
circuit court. Under current law, within ten days after an appeal is filed, the
appellant must file a complaint specifying each alleged defect with the recount. All
other parties to the appeal must file an answer within the time ordered by the court.
Currently, whenever an appeal is filed, the court must hold a hearing. However,
there is a conflict in current law concerning the period during which this hearing
must be held. One provision requires the hearing to be held within five days after
the date that the court orders the municipal clerks to transfer the relevant election
materials to the court and another provision requires the hearing to be held within
15 days after the filing of an answer to the appeal.
This bill eliminates this conflict in current law and changes the procedure for
appealing a recount determination. Under the bill, the court must hold a scheduling
conference promptly after an appeal is filed. At the scheduling conference, the court
must adopt procedures that will permit the court to determine the appeal as
expeditiously as possible. The complaint, all answers and any other information
required by the court must be filed within the time ordered by the court. Under the
bill, the hearing on the appeal must be held at the time and place ordered by the
court.
Delivery of recount documents
Under current law, when a petition for recount of an election is filed, the clerk
or body with whom the petition is filed must have copies of the petition delivered to
the candidates affected by the recount. The copies must be delivered by the sheriff
in the manner provided for service of a summons in a civil action.
This bill allows the opportunity for a candidate or an agent designated by the
candidate to accept a copy of the petition personally.
Minutes of recount proceedings
Under current law, a board of canvassers must keep complete minutes of all of
its recount proceedings.
This bill requires a board of canvassers to provide one copy of those minutes to
the state elections board and, in the case of a political party candidate for a state or
national office, to the chief officer of the state committee of that party or, in the case
of a political party candidate for county office, to the chief officer of the county
committee of that party.
Payment of polling place rental charges
Currently, if a municipality establishes a polling place at a location where a fee
is charged, the municipality must pay the charge, except at certain special elections
called by school districts.
This bill provides that the municipality pays the charge at all regular primaries
and elections, but, if another local governmental unit calls a special election that is
not held concurrently with a regular election, that governmental unit pays the
charge for the use of that polling place at that special election.
