AB700: Bill Text Engrossed

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.

Dates for publication of certain notices

Currently, each county clerk must publish a notice of all national and state offices to be voted on at the September primary and general election. Similarly, each school district clerk must publish a notice of any upcoming school district election. Under current law, each of these notices may be published after the first day for circulating nomination papers for the applicable election and office.

This bill requires each of these notices to be published before the first day for circulating nomination papers.

Appointment of special voting deputies

Under current law, the municipal clerk or board of election commissioners of a municipality may follow certain procedures to facilitate absentee voting in certain community-based residential facilities, retirement homes and nursing homes. Currently, under these procedures, the municipal clerk or the board of election commissioners must appoint special voting deputies to visit certain of these facilities and homes to supervise absentee voting by the occupants. In municipalities other than cities over 500,000 population, current law conflicts as to whether these appointments are made by the municipal clerk, or by the municipal governing body from nominations submitted by party committeemen or committeewomen.

This bill provides that in these municipalities, special voting deputies are appointed solely by the municipal clerk, without nominations.

Composition of county boards of canvassers

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.

Temporary vacancies on certain boards of canvassers

Current law requires election results to be canvassed and recounts to be conducted by a board of canvassers. Depending upon the type and location of a particular election, the applicable board of canvassers may be a municipal board of canvassers, school district board of canvassers or county board of canvassers. In addition, in cities and counties of more than 500,000 population (currently, only the city of Milwaukee and Milwaukee County), the municipal board of election commissioners and county board of election commissioners, respectively, serve as the boards of canvassers. With limited exceptions, current law requires the municipal clerk to appoint a member to fill any temporary vacancy on a municipal board of canvassers. Similarly, the county clerk must appoint a member to serve if a member other than the clerk cannot serve on a county board of canvassers. Furthermore, in cities having a population of more than 500,000, current law requires the executive director of the municipal board of election commissioners to serve as a member of the board of canvassers to fill any temporary vacancy. Current law does not specify a procedure for filling a vacancy on a county board of canvassers in counties of more than 500,000 or on a school district board of canvassers.

This bill requires the executive director of a county board of election commissioners to serve as a member of the county board of canvassers to fill any temporary vacancy. In addition, the bill requires the school district clerk to appoint a member to fill any temporary vacancy on the school district board of canvassers.

IV. Campaign financing

Enforcement of campaign finance law by Milwaukee County board of election commissioners

Under current law, the state elections board is authorized to investigate, subpoena records and commence and settle civil actions requiring the payment of civil forfeitures for violations of the campaign finance law.

This bill grants the same authority to the county board of election commissioners, which must be established in any county with a population of more than 500,000 (currently, only Milwaukee County), with respect to campaign finance reports and statements for county offices and referenda.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB700-engrossed, s. 1 Section 1. 5.01 (4) (a) of the statutes is amended to read:

AB700-engrossed,12,2 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in s. 8.17 (4) (b), or in the case of an election for state or national office or municipal judge, if the judge is elected under s. 755.01 (4), or metropolitan sewerage commissioner, if the commissioner is elected under s. 66.23 (11) (am), in the presence of the chairperson of the board or the chairperson's designee.

AB700-engrossed, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

AB700-engrossed,12,12 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB700-engrossed, s. 3 Section 3. 5.15 (6) (b) of the statutes is amended to read:

AB700-engrossed,13,11 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000 , or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.