JTK&RJM:cmh:jf
1999 - 2000 LEGISLATURE
February 10, 2000 - Printed by direction of Senate Chief Clerk.
AB701-engrossed,2,2
1An Act to repeal 11.06 (3) (b) and 11.06 (3r);
to renumber and amend 6.36 (2),
26.46 and 11.50 (9);
to amend 5.55 (intro.), 6.28 (1), 6.33 (1), 6.35 (1) (intro.), 6.40
3(2) (b), 6.45, 6.55 (2) (a), 6.79 (1) to (3), 6.79 (5), 6.87 (2), 6.87 (5), 6.88 (3) (a), 7.08
4(1) (c), 7.39 (5), 7.51 (1), 7.53 (2) (a), 8.35 (4) (c) and (d), 9.01 (1) (a), 9.01 (1) (ag)
51., 9.01 (1) (ag) 2., 9.01 (1) (ag) 3., 9.01 (1) (ar) 3., 9.01 (1) (b) 11., 11.01 (11), 11.05
6(2r), 11.05 (7), 11.06 (1) (intro.), 11.06 (1) (h), 11.06 (4) (b), 11.12 (4), 11.14 (3),
711.21 (15), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.31 (1) (a), 11.31 (1) (b), 11.31
8(1) (c), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.31 (3m), 11.31 (4),
911.50 (2) (a), 11.50 (2) (b) 5., 11.50 (2) (g), 11.50 (2) (i), 11.50 (10m) (title), 11.50
10(11) (d), 11.61 (1) (b), 12.60 (1) (a), 12.60 (1) (b) and 60.11 (7); and
to create 6.35
11(1m), 6.36 (2) (b), 6.36 (4), 6.47, 6.55 (2) (cm), 6.79 (6), 6.87 (6m), 7.41 (4), 9.01
12(1) (ad), 9.01 (1) (ag) 1m., 9.01 (1) (ag) 3m., 9.01 (1) (b) 12., 11.05 (3) (q), 11.05
13(7m), 11.06 (3x), 11.21 (18), 11.25 (2) (ap), 11.26 (8m), 11.31 (1) (cm), 11.31 (9),
1411.395, 11.50 (2) (b) 3m., 11.50 (9) (a) and (b), 11.60 (3r), 12.13 (2) (b) 8. and 12.13
1(3) (zm) and (zn) of the statutes;
relating to: various changes in the election
2laws; granting rule-making authority; and providing penalties.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 1999 Assembly Bill 701 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 3, Assembly
Amendment 7 and Assembly Amendment 8. The text also includes the February 9
and 18, 2000, Legislative Reference Bureau corrections to the bill.
Content of Engrossed 1999 Assembly Bill 701:
This bill makes various changes in election laws. Significant provisions
include:
I. REGISTRATION AND VOTER PARTICIPATION
Confidential listings on poll and registration lists
Currently, the names and addresses of all electors who vote, and in
municipalities where registration is required, the names of electors who register to
vote, are publicly accessible. Electors must orally disclose their names and addresses
at polling places, which are recorded on poll and registration lists. Polling place
observers may inspect the lists of names and addresses of registered and actual
voters.
This bill permits certain electors to vote or register to vote confidentially. To be
eligible for a confidential listing, an elector must have been granted by a court a
protective order that is currently in effect restraining another person from having
or causing contact with the elector for reasons relating to domestic abuse; the elector
must reside in an organized shelter for persons whose personal security is or may be
threatened by other persons with whom the residents have had contact; or the elector
must present the affidavit of a sheriff or chief of a police department verifying that
a person has been charged with or convicted of an offense relating to domestic abuse
in which the elector was a victim and that the elector reasonably continues to be
threatened by that person. Under the bill, an "offense relating to domestic abuse"
includes sexual assault, battery, stalking, harassment or sexual exploitation. A
confidential listing expires when a protective order expires, when an individual
ceases to be a resident of a shelter, when the sheriff or chief of a police department
who signed an affidavit notifies a municipal clerk that a judgment in a domestic
abuse case has been vacated or that a domestic abuse charge has been dropped, or
upon expiration of the two-year period following creation of the listing, whichever
first occurs. A listing may be renewed in the same manner as provided for creation
of an original listing.
Under the bill, a municipal clerk must still provide access to a confidential
name and address to a law enforcement officer for official purposes; to a state or local
governmental officer pursuant to a specific law that necessitates obtaining the name
or address; pursuant to a court order citing a reason that access to a name or address
should be provided; to a clerk of circuit court for purposes of jury selection; or at the
request of the protected elector for the purpose of permitting the elector to qualify
as a signer on certain petitions.
The bill directs municipal clerks to issue to each elector who is entitled to a
confidential listing an identification card containing a unique number issued by the
elections board, which may be presented to election inspectors (poll workers) in lieu
of providing a name and address. Alternatively, the bill permits an elector where
registration is required to give his or her name and identification card number in lieu
of an address.
Currently, voters may register at polling places, high schools and various other
locations. Under this bill, an elector who wishes to obtain a confidential listing must
register at the office of the clerk of the municipality where the elector resides.
The bill provides that polling place observers may not view the name or address
of any elector who is entitled to be listed on a poll or registration list confidentially.
However, the inspectors must disclose to any observer, upon request, the existence
of any confidential list of electors, the number of electors whose names appear on the
list and the number of those electors who have voted at any point in the proceedings.
The bill prohibits election officials and other persons who are provided
confidential information relating to the names and addresses of electors from
disclosing that information to other persons who are not authorized to obtain that
information. The bill also prohibits an individual from providing false information
to a municipal clerk for the purpose of obtaining a confidential listing on a poll or
registration list. Violators are guilty of a misdemeanor and are subject to a fine of
not more than $1,000 or imprisonment for not more than six months, or both, for each
offense.
II. elections administration
Fees for recounts
Under current law, a petitioner requesting a recount of an election generally
must pay a fee of $5 for each ward for which a recount is requested and $5 for each
municipality where no wards exist. However, current law does not require a fee if
the difference between the leading candidate and the petitioner or the affirmative
and negative vote on a referendum was less than ten votes, if 1,000 or less votes were
cast, or less than 0.5% of the total votes cast, if greater than 1,000 votes were cast.
A petitioner must pay any fee in full at the time he or she files the petition.
This bill retains the current fees and the current exemptions for any election
where 1,000 or less votes are cast and retains the current exemption for any election
where greater than 1,000 votes are cast and the difference in votes cast between the
leading candidate and the petitioner or the affirmative and negative vote on a
referendum is 0.5% or less. However, the bill changes the fees for other elections
where greater than 1,000 votes are cast. Under the bill, if greater than 1,000 votes
are cast in the election and the difference in votes is more than 0.5% but not more
than 2% of the total votes cast, the fee under this bill is $5 per ward and $5 per
municipality where no wards exist. If greater than 1,000 votes are cast and the
difference in votes is more than 2% of the total votes cast, the fee under this bill is
the actual cost of performing the recount. In addition, the bill requires a petitioner
to pay a reasonable estimate of any applicable fee at the time of filing and any balance
within 30 days after the filing officer notifies the petitioner of the amount due.
Composition of certain municipal boards of canvassers
Currently, the municipal board of canvassers in each municipality utilizing
more than one polling place, except in cities having a population of more than
500,000, is composed of the municipal clerk and two other qualified electors
appointed by the clerk. If the 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 mayor,
president or board chairperson of the municipality designates another qualified
elector of the municipality to serve in lieu of the clerk.
This bill provides that the municipal board of canvassers in these
municipalities is composed of three qualified electors of the municipality, other than
the municipal clerk, who shall be appointed by the clerk.
III. Campaign financing
Disbursement limitations
Under current law, disbursement (expenditure) levels are specified for
candidates for various state and local offices. These levels become a binding
limitation upon any candidate for state office who accepts a state grant from the
Wisconsin election campaign fund or who agrees to be bound by the limitation, unless
the candidate is opposed by a major opponent who could have qualified for a grant
but who declines to accept one and declines to file an affidavit of voluntary
compliance with disbursement and contribution limitations.
This bill:
1. Revises the current disbursement levels applicable to candidates for the
offices shown below as follows:
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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
2. Creates a biennial cost-of-living adjustment that causes the statutory
disbursement levels to be adjusted biennially, beginning in 2002, in accordance with
a formula tied to the "consumer price index" determined by the U.S. department of
labor.
Registration and reporting by certain federal and nonresident registrants
Currently, a new registrant is generally prohibited from making a contribution
or disbursement from property or funds received prior to the date of registration,
except that if a registrant has in its possession property or funds at the time of
registration that were not intended for political purposes in connection with an
election for state or local office at the time they were received, the registrant may
report the property or funds as received on the date of registration and may then use
the property or funds to make a contribution or disbursement.
This bill permits a nonresident registrant who or which has property or funds
in the possession of the registrant on the date of registration from which the
registrant wishes to make a contribution or disbursement to use the property or
funds to make a contribution or disbursement to the extent permitted under current
law if the registrant obtained the property or funds from sources and in amounts that
were lawful at the time that the property or funds were received by the registrant.
In addition, the bill requires every new nonresident registrant to report any
information specified by the board for the year in which the registrant registers and
the one-year period preceding that year, plus any additional period required to
enable the registrant to make a contribution or disbursement from the property or
funds.
Currently, with certain exceptions, a registrant who or which is required to
register with a filing officer in this state must file regular reports identifying
contributions received and disbursements made and providing certain other
information. However, a nonresident registrant need report only contributions and
other income received from sources in this state and disbursements made and
obligations incurred with respect to an election for state or local office in this state.
This bill deletes this exception to state reporting requirements.
Contribution limitations
Current law limits the total contributions that a candidate for state or local
office may accept from all political committees, including political party and
legislative campaign committees, and from the Wisconsin election campaign fund to
65% of the disbursement level specified for the office that the candidate seeks. This
bill decreases that limitation to 60% of that disbursement level.
The bill also prohibits any special interest ("political action") committee from
making any contribution or contributions exceeding $100 cumulatively within a
calendar year to any other special interest committee, and similarly prohibits any
conduit (intermediary) from transferring any contribution or contributions
exceeding $100 cumulatively within a calendar year to any special interest
committee. In addition, the bill prohibits any special interest committee that
receives a contribution in violation of this prohibition from making any contribution
or disbursement from the property or funds constituting that contribution.
Currently, there are no similar limitations.
Acceptance of unlawful contributions
Under current law, a registrant who receives and retains a contribution for
more than 15 days must report the contribution as accepted on the date of receipt.
This bill provides that a contribution that is received by a registrant is considered
to be accepted unless the recipient returns the contribution to the donor within 30
days of receipt.
Currently, in most cases, violations of the campaign finance law are punishable
by a forfeiture (civil monetary penalty) not exceeding $500. This bill provides that
if any registrant accepts an unlawful contribution or a contribution in an amount or
value exceeding the amount or value of that the donor is permitted to donate to the
registrant under the campaign finance law, the registrant is subject to a forfeiture
of not more than 125% of the amount or value of the unlawful contribution or portion
thereof that is unlawfully contributed.
Contributions by foreign nationals
This bill prohibits any foreign national from making a contribution to any
candidate for state or local office in this state or to any individual, committee or group
who or which accepts contributions and makes expenditures for the purpose of
influencing an election for state or local office or the outcome of a referendum in this
state. Under the bill, a "foreign national" means a government of a foreign country,
a foreign political party, an entity organized under the laws of and having its
principal place of business in a foreign country, or any other individual or entity
outside of the United States, except an individual U.S. citizen who is domiciled
within the United States or an entity organized under or created by the laws of the
United States or any state, territory or possession that has its principal place of
business within the United States.
Any person who makes a contribution that is prohibited under the bill is subject
to a forfeiture (civil penalty) of treble the amount of the contribution. Any person who
intentionally makes a contribution that is prohibited under the bill may be fined not
more than $1,000 or imprisoned for not more than six months, or both, if the
contribution does not exceed $100, and may be fined not more than $10,000 or
imprisoned for not more than three years, or both, if the contribution exceeds $100.
Currently, there is no such prohibition on foreign national contributions.
Public grants
Under current law, public financing from the Wisconsin election campaign fund
is available to finance certain campaign expenses of eligible candidates for the offices
of state senator, representative to the assembly, governor, lieutenant governor,
attorney general, state treasurer, secretary of state, justice of the supreme court and
superintendent of public instruction at a general, spring or special election.
Currently, in order to qualify for a public grant, a candidate must, in addition
to other requirements, receive during a specified time period contributions from
individuals in amounts of $100 or less that, together, total a specified amount.
This bill provides that these contributions must be received from individuals
who are residents of this state, and that, in the case of a candidate for legislative
office, at least 50% of these contributions must be received from individuals who are
residents of a county having territory within the district in which the candidate seeks
office.
Currently, a candidate for statewide office must receive these qualifying
contributions in a total amount at least equivalent to 5% of the authorized
disbursement level for the office that the candidate seeks, while a candidate for
legislative office must receive these qualifying contributions in a total amount at
least equivalent to 10% of the authorized disbursement level for the office that the
candidate seeks.
This bill requires a candidate for the office of governor to receive these
qualifying contributions in a total amount at least equivalent to 5% of the authorized
disbursement level for the office of governor, and requires a candidate for any other
state office to receive these contributions in an amount at least equivalent to 10% of
the authorized disbursement level for the office that the candidate seeks.
Currently, the maximum grant that a candidate may receive is equal to 45% of
the disbursement level specified for the office that the candidate seeks, less an
amount equal to any contributions received and accepted from committees other
than political party committees, if sufficient moneys are available in the Wisconsin
election campaign fund to finance the full amounts of grants for which candidates
qualify.
This bill increases the maximum grant that a candidate for the office of justice
of the supreme court may receive to 50% of the disbursement level specified for that
office, and decreases the maximum grant that a candidate for any other state office
may receive to 33% of the disbursement level specified for the particular office,
subject to adjustment as currently provided.
The bill also disqualifies a candidate from receiving a grant if the candidate or
his or her personal campaign committee is not in compliance with all obligations
imposed under the public grant law with respect to any grant previously received by
the candidate.
Biennial review of campaign finance practices
The bill directs the elections board to conduct a biennial review of campaign
finance practices in this state. The review must include an assessment of the
continued appropriateness of the contribution limitations prescribed by law and any
other important problems that require the attention of the legislature. If the board
concludes that any contribution limitations should be increased or that any other
action should be taken as a result of its review, the board is directed to transmit its
conclusions and recommendations to the appropriate standing committees of the
legislature, together with any information supporting the board's conclusions.
Effective date of campaign financing provisions
The provisions of the bill relating to campaign financing take effect on July 1,
2001.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB701-engrossed,9,2
25.55 Ballot identification. (intro.) On every ballot, except a ballot label or
3voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for
4...." followed by the designation of the polling place for which the ballot has been
5prepared, the date of the election, and the official endorsement and blank
6certificates. The number of the ward or wards or aldermanic district, if any, and the
7name of the municipality may be omitted in printing and stamped or written on the
8ballots at any location which is clearly visible at the option of the county clerk.
9Printed information and initials shall appear on the back and outside of the ballot.
10When a ballot card is employed with an electronic voting system, the date of the
11election may be printed or stamped on the back of the ballot card in such a manner
12that the card is not reusable, at the option of the county clerk.
The ballot shall include
1a space on the back for the certification required under s. 6.87 (5). Each ballot shall
2be prepared in substantially the following form:
AB701-engrossed,9,204
6.28
(1) Registration locations; deadline. Registration in person for any
5election shall close at 5 p.m. on the 2nd Wednesday preceding the election.
6Registrations made by mail under s. 6.30 (4) must be delivered to the office of the
7municipal clerk or postmarked no later than the 2nd Wednesday preceding the
8election. All applications for registration corrections and additions may be made
9throughout the year at the office of the city board of election commissioners, at the
10office of the municipal clerk, at the office of any register of deeds or at other locations
11provided by the board of election commissioners or the common council in cities over
12500,000 population or by either or both the municipal clerk, or the common council,
13village or town board in all other municipalities and may also be made during the
14school year at any high school by qualified persons under sub. (2) (a). Other
15registration locations may include but are not limited to fire houses, police stations,
16public libraries, institutions of higher education, supermarkets, community centers,
17plants and factories, banks, savings and loan associations and savings banks.
18Special registration deputies shall be appointed for all locations.
An elector who
19wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of
20the municipal clerk of the municipality where the elector resides.
AB701-engrossed,9,2522
6.33
(1) The municipal clerk shall supply sufficient registration forms as
23prescribed by the board printed on loose-leaf sheets or cards to obtain from each
24applicant information as to name, date, residence location, citizenship, age, whether
25the applicant has resided within the ward or election district for at least 10 days,
1whether the applicant has lost his or her right to vote, and whether the applicant is
2currently registered to vote at any other location, and shall provide a space for the
3applicant's signature.
The forms shall also include a space for the identification
4serial number of any elector who is issued such a number under s. 6.47 (3). Each
5register of deeds shall obtain sufficient registration forms at the expense of the unit
6of government by which he or she is employed for completion by any elector who
7desires to register to vote.