SB110: Bill Text Engrossed

LRB-3273/1

RJM/JTK/MGD:kmg:kjf

2001 - 2002 LEGISLATURE

Engrossed 2001 Senate BILL 110

May 14, 2001 - Printed by direction of Assembly Chief Clerk.

SB110-engrossed,2,6 An Act to repeal 6.78 (3); to renumber 7.33 (5) and 973.09 (4); to renumber and amend 973.033 and 973.034; to amend 5.02 (15), 5.05 (1) (e), 5.25 (4) (a), 5.25 (4) (c), 5.35 (5), 5.35 (6) (a) (intro.), 5.35 (6) (a) 3., 6.28 (1), 6.29 (1), 6.32 (3), 6.33 (1), 6.33 (2) (b), 6.40 (1) (a), 6.40 (1) (c), 6.55 (2) (d), 6.56 (1), 6.77 (1), 6.78 (1), 6.78 (2), 6.79 (2), 6.86 (1) (a) 5., 6.86 (1) (ar), 6.87 (3) (a), 6.88 (3) (a), 7.03 (1) (d), 7.15 (1) (e), 7.30 (2) (a), 7.30 (2) (b), 7.30 (6) (c), 7.33 (3), 7.33 (4), 7.37 (2), 7.41 (1), 7.41 (2), 7.41 (3) (intro.), 7.41 (3) (a), 7.41 (3) (b), 12.03 (title), 12.03 (1), 12.07 (2), 12.13 (3) (x), 17.29, 19.32 (1c), 20.921 (2) (b), 67.05 (3) (f), 111.93 (3), 120.06 (9) (a), 303.09 (1), 303.09 (2), 946.42 (1) (a), 946.425 (1r) (a), 946.425 (1r) (b), 946.425 (2), 968.255 (7) (d), 973.09 (1) (d) (intro.), 973.09 (7m) (a), 973.11 (1) (b) and 977.05 (6) (g) 2.; to repeal and recreate 6.28 (title); and to create 5.35 (6) (a) 4., 6.285, 6.873, 7.08 (5), 7.33 (5) (b), 12.03 (1m), 12.03 (2m), 302.117, 973.09 (4) (b) and 973.176 (title) and (2) of the statutes; relating to: polling hours, time off from work for service as an election official, training of election officials, voting by felons and immigrants, requiring studies and recommendations with regard to voter registration, polling place staffing needs, use of separate locations for registration of electors on election day, and voting needs of multilingual and physically disabled electors, establishing satellite stations for purposes of conducting voter registration and absentee voting, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 2001 Senate Bill 110 consists of the bill, as passed by the senate on May 8, 2001, as affected by the following documents adopted in the senate on May 8, 2001: Senate Amendment 1, Senate Amendment 4 (as affected by Senate Amendment 2 thereto), and Senate Amendment 5. The text also includes the May 15, 2001, chief clerk's correction to senate amendment 1 to the bill.

Content of Engrossed 2001 Senate Bill 110:

This bill makes various changes in election laws and requires various election-related studies. Significant provisions include:

Absentee voting and voter registration at satellite locations

This bill makes several changes to the election laws and requires studies and recommendations with regard to certain election-related issues. The changes include:

Currently, unless an elector votes by absentee ballot, the elector must appear at the polling place serving his or her residence to vote. Polling places are staffed by inspectors who, with limited exceptions, are appointed from nominations submitted by the party committeemen or committeewomen of the two major political parties. If nominations are not submitted, inspectors may be appointed without regard to party affiliation. With limited exceptions, inspectors must be residents of the area served by the polling place where they are employed. Inspectors are public officers who serve for two-year terms and must file an oath of office. Inspectors must be compensated by the municipality where they serve.

Current law permits any qualified elector who for any reason is unable or unwilling to appear at his or her polling place to vote by absentee ballot. With certain limited exceptions, the elector must apply for and obtain an absentee ballot from the appropriate municipal clerk or board of election commissioners by 5 p.m. on the day before the election. The elector may cast the absentee ballot either by mail or in person at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides. Current law also contains a special procedure that permits certain residents of nursing or retirement homes or community-based residential facilities to apply for and obtain an absentee ballot from a special voting deputy who is appointed by the municipal clerk or board of election commissioners and who personally visits the home or facility. These electors give their absentee ballots directly to the special voting deputy, who then delivers the ballots to the municipal clerk or board of election commissioners.

With certain limited exceptions, this bill authorizes the municipal clerk or board of election commissioners of any municipality to designate any location as a temporary, satellite station for absentee voting by electors of the municipality. The location may be inside a building or outdoors and need not be contained in a room separated from other activities. The bill permits any qualified elector of a municipality to obtain and cast an absentee ballot at a satellite station. A satellite station may be open for absentee voting at any time, but only after the official absentee ballots are prepared and before 5 p.m. on the day before the election.

Under the bill, a satellite station must be staffed by at least one special voting deputy who is appointed on a nonpartisan basis by the municipal clerk or board of election commissioners. The bill permits any qualified elector of the state to be appointed as a special voting deputy. The bill specifies certain minimum qualifications for the special voting deputy, such as knowledge of the English language. The municipal clerk or board of election commissioners must instruct the special voting deputy in his or her duties. The special voting deputy may be compensated at the option of the applicable municipality. The special voting deputy is required to supervise the proceedings at the satellite station to which he or she is assigned and to enforce certain election laws that apply to the satellite station. The special voting deputy is under the supervision of the municipal clerk or board of election commissioners. Under the bill, a special voting deputy is a public officer and must file an oath of office.

If voter registration is required in the municipality, the bill also requires the municipal clerk or board of election commissioners to appoint at least one special registration deputy to staff each satellite station. The bill specifies certain minimum qualifications for the special registration deputy. The bill permits an elector to register at any satellite station at any time during which the station is open for absentee voting. With certain limited exceptions, the elector must follow the registration procedure that would otherwise apply to the elector under current law.

The bill applies certain provisions of current law relating to the operation of polling places to a satellite station established under the bill. For example, the bill requires a satellite station to meet current standards with regard to the accessibility of polling places and requires the posting of information at a satellite station that is generally the same as the information required to be posted at a polling place. However, whereas current law prohibits electioneering on public property within 100 feet of the entrance to a polling place, this bill generally prohibits electioneering in any building in which a satellite station is located at any time during which the satellite station is open. Also, if a satellite station is located outside of a building, the bill generally prohibits electioneering within 100 feet of the satellite station at any time during which the satellite station is open. The restriction does not apply on private property that is not owned or controlled by the same person as the property where the satellite station is located and does not apply to bumper stickers.

Polling hours

Under current law, the polls at an election in a first, second, or third class city must generally be open from 7 a.m. to 8 p.m. In a village, town, or fourth class city the polls must be open from 9 a.m. to 8 p.m., unless the village, town, or city determines to extend the opening hour to not earlier than 7 a.m. In addition, under current law, certain school district elections are not subject to either of these polling hour requirements. This bill requires the polls at every election to be open from 7 a.m. to 8 p.m. in all municipalities with a population of 8,000 or more.

Leave for service as an election official

Currently, every public and private employer must grant an employee a leave for service as an election official. In addition, state employees are entitled to time off without loss of pay, fringe benefits, or seniority privileges for service as an election official. Currently, when a state employee receives a leave of absence for service as an election official, the amount of the employee's pay for that service is deducted from the employee's regular paycheck for the leave period. This law applies to state employees who are members of collective bargaining units to the extent provided in any applicable collective bargaining agreement. If a public employee is a member of a collective bargaining unit, the employer must first bargain in good faith with any representative of that unit before making a change in leave policy.

This bill provides that the law entitling state employees to a leave, without loss of pay, fringe benefits, or seniority privileges, for service as an election official and requiring a paycheck deduction for the amount received for that service applies automatically to represented state employees unless otherwise provided in a collective bargaining agreement.

The bill also provides that if a local government employer grants a local government employee a leave of absence for service as an election official, the local government either must deduct the amount that the employee receives for that service from the employee's regular paycheck for the leave period or, if the employee's service was for that same local governmental employer, must require the employee to assign to the local governmental employer the employee's interest in any compensation for that service. The change applies to both represented and nonrepresented employees irrespective of any applicable collective bargaining agreement. However, the change does not apply to employees who are members of a collective bargaining unit covered by a current collective bargaining agreement until the expiration, extension, modification, or renewal of any collective bargaining agreement containing inconsistent provisions, whichever first occurs. The bill also specifies that these provisions relating to leave for service as an election official do not apply to service at a satellite station established under the bill.

Voting by felons and immigrants

Current law requires a court to provide a defendant certain information at sentencing. For example, when a court sentences a person or places a person on probation for a felony, the court must inform the person that he or she is prohibited from possessing a firearm. Under this bill, whenever a court imposes a sentence or places a person on probation for a conviction that disqualifies the person from voting, the court must inform the person of that disqualification. The bill also requires the department of corrections to inform the person of the disqualification if the person is released to parole or extended supervision or, if the person is confined as a condition of probation, upon the person's release to probation.

In addition, this bill requires the standard voter registration form to include a notice advising each registering elector of the law with regard to the voting eligibility of felons and requires each registering elector to certify that, to the best of the elector's knowledge, he or she is a qualified elector. The bill also requires every municipality to post a uniform sign on election day at the entrance to each polling place that advises electors of the voting eligibility requirements under the laws of this state, including the voting eligibility requirements applicable to felons and immigrants.

Under current law, the municipal clerk is required to supervise elections and registration in each applicable municipality. Among other things, the municipal clerk must instruct election officials in their duties. This bill specifies that the municipal clerk must also instruct election officials with regard to the voting eligibility requirements under the laws of this state, including the voting eligibility requirements applicable to felons and immigrants.

Elections board studies and recommendations

Under current law, every municipality with a population of greater than 5,000 is required to maintain a voter registration list. This bill directs the elections board to study the costs, benefits, and feasibility of and to prepare recommendations with regard to requiring voter registration in every municipality. If the board recommends statewide voter registration, the board must also study the costs, benefits, and feasibility of and prepare recommendations with regard to creating and maintaining a statewide voter registration list. This study must address several issues, which are specified in the bill. The board must submit the results of these studies and all recommendations to the legislature for distribution to the appropriate standing committees of both houses no later than approximately nine months after the bill becomes law.

The bill also requires the board to study polling place staffing needs at general elections and the use of separate registration locations on election day. The board must submit the results of these studies and all recommendations to the legislature no later than approximately six months after the bill becomes law.

Special legislative committee for the study of multilingual voting needs

Under current law, ballots for elections held in this state are printed in English, and election inspectors (poll workers) generally must be literate in English. This bill creates a special legislative committee to study multilingual voting needs in this state. The bill specifies the qualifications for membership on the committee. The bill requires the committee to study whether federal law requires the use of ballots printed in languages other than English or requires the use of bilingual or multilingual inspectors in this state and, if so, the extent to which the federal law is being followed. The committee must also study whether and the extent to which the exclusive use of English language ballots and inspectors who are literate only in English prevents electors who are members of particular language minorities in this state and who have no ability, or limited abilities, to speak English from voting. By approximately nine months after the bill becomes law, the committee must submit to the legislature its findings and must submit recommendations with regard to maximizing voting in this state by these electors. Under the bill, the committee terminates after making this submission.

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

SB110-engrossed, s. 1 Section 1. 5.02 (15) of the statutes is amended to read:

SB110-engrossed,6,6 5.02 (15) "Polling place" means the actual location wherein the elector's vote is cast. "Polling place" does not include a satellite absentee voting station designated under s. 6.873 (1) or a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6).

SB110-engrossed, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

SB110-engrossed,6,17 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 or exempt a satellite absentee voting station designated under s. 6.873 (1) 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.

SB110-engrossed, s. 3 Section 3. 5.25 (4) (a) of the statutes is amended to read:

SB110-engrossed,7,3 5.25 (4) (a) Each polling place and each satellite absentee voting station designated under s. 6.873 (1) shall be accessible to elderly and handicapped individuals.

SB110-engrossed, s. 4 Section 4. 5.25 (4) (c) of the statutes is amended to read:

SB110-engrossed,7,7 5.25 (4) (c) The board may exempt a polling place or may exempt a satellite absentee voting station designated under s. 6.873 (1) from the requirement of par. (a) in accordance with guidelines prescribed by rule of the board.

SB110-engrossed, s. 5 Section 5. 5.35 (5) of the statutes is amended to read:

SB110-engrossed,7,15 5.35 (5) Activities restricted. No polling place or satellite absentee voting station designated under s. 6.873 (1) may be situated so as to interfere with or distract election officials from carrying out their duties. The municipal clerk and election inspectors shall prevent interference with and distraction of electors at polling places, and the special voting deputies shall prevent interference with and distraction of electors at satellite absentee voting stations designated under s. 6.873 (1).

SB110-engrossed, s. 6 Section 6. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB110-engrossed,7,21 5.35 (6) (a) (intro.) At each polling place and at each satellite absentee voting station designated under s. 6.873 (1) in the state, the municipal clerk or board of election commissioners shall post ensure that all of the following materials are posted, positioned so that they may be readily observed by electors entering the polling place, approaching the satellite station, or waiting in line to vote:

SB110-engrossed, s. 7 Section 7. 5.35 (6) (a) 3. of the statutes is amended to read:

SB110-engrossed,7,25 5.35 (6) (a) 3. Two sample ballots prepared under s. 5.66 (2), in the case of a polling place, and one sample ballot prepared under s. 5.66 (2), in the case of a satellite absentee voting station designated under s. 6.873 (1).

SB110-engrossed, s. 8 Section 8. 5.35 (6) (a) 4. of the statutes is created to read:

SB110-engrossed,8,2 5.35 (6) (a) 4. A sign containing all information required under s. 7.08 (5).

SB110-engrossed, s. 9 Section 9. 6.28 (title) of the statutes is repealed and recreated to read:

SB110-engrossed,8,4 6.28 (title) Open registration.

SB110-engrossed, s. 10 Section 10. 6.28 (1) of the statutes is amended to read:

SB110-engrossed,9,2 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.285, 6.29, and 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations permitted under s. 6.285 or provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB110-engrossed, s. 11 Section 11. 6.285 of the statutes is created to read:

SB110-engrossed,9,14 6.285 Registration at satellite absentee voting stations. (1) Special registration deputy. Every municipal clerk or board of election commissioners that designates a satellite absentee voting station under s. 6.873 (1) shall appoint at least one qualified elector as a special registration deputy for the satellite location if registration is required in the municipality. The special registration deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which he or she serves. The municipal clerk or board of election commissioners shall instruct the special registration deputy in the deputy's duties and responsibilities. The municipal clerk or board of election commissioners may revoke the deputy's appointment at any time.

SB110-engrossed,9,23 (2) Registration procedure. (a) Generally. Except as provided under par. (c), any qualified elector of a municipality where registration is required who is not registered or whose name does not appear on the registration list of the municipality may register in person at any satellite absentee voting station designated by the municipal clerk or board of election commissioners under s. 6.873 (1) at any time during which absentee ballots may be cast at the station. At the time of making a registration application under this subsection, an elector shall provide the special registration deputy with any authorization to cancel registration required under s. 6.40 (1) (b).

SB110-engrossed,9,25 (b) During late registration. 1. `Proof of residence.' Any elector who makes a registration application under par. (a) after the close of registration under s. 6.28 (1) shall present acceptable proof of residence as provided in s. 6.55 (7). If the elector does not present this proof, the elector's registration information shall be corroborated in a separate statement by another elector of the municipality. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7). The statement shall be signed by the corroborating elector in the presence of the special registration deputy.

SB110-engrossed,10,24 2. `Voting procedure.' A qualified elector who completes a registration form under par. (a) and satisfies subd. 1. after the close of registration under s. 6.28 (1) may immediately vote by absentee ballot at the satellite absentee voting station under s. 6.873. If the registering elector does not wish to immediately vote by absentee ballot, the special registration deputy shall issue a certificate addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote, unless the municipal clerk or board of election commissioners determines that the registration list will be revised to incorporate the registration in time for the election. The certificate shall be numbered serially and prepared in duplicate. At the time that he or she appears at the correct polling place, the elector shall deliver any certificate issued under this subdivision to the inspectors. Any certificate shall be annexed to any absentee ballot voted by the elector, other than an absentee ballot voted at the satellite absentee voting station immediately after completing the registration, and shall be delivered to the office of the municipal clerk along with the absentee ballot. The inspectors shall record the names of electors who present certificates in person or for whom certificates are presented with absentee ballots on the list maintained under s. 6.56 (1). These names shall then be added to the registration list if the electors are qualified.

SB110-engrossed,11,3 (c) Confidential registration. Any elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB110-engrossed,11,21 (3) Completed registration forms, authorizations, and certificates. The special registration deputy shall promptly arrange the completed registration forms, authorizations to cancel registration, and certificates issued under sub. (2) (b) 2. in the manner specified by the municipal clerk or board of election commissioners. The special absentee voting deputy that has supervision under s. 6.873 (2) (d) over the satellite absentee voting station shall ensure that the registration forms, authorizations, and certificates are properly kept and shall promptly forward the forms, authorizations, and certificates to the municipal clerk or board of election commissioners in the manner specified by the municipal clerk or board of election commissioners. The municipal clerk or board of election commissioners shall file the registration forms as provided under s. 6.35, shall forward the authorizations as required under s. 6.40 (1) (b), and shall preserve the certificates in the same manner as certificates issued under s. 6.29 (2) (b). The municipal clerk or board of election commissioners may reject any incomplete or defective registration form or authorization received under this subsection and shall promptly notify each individual whose registration is rejected of the rejection and the reason for the rejection. A person whose registration is rejected under this subsection may reapply for registration if he or she is qualified.

SB110-engrossed, s. 12 Section 12. 6.29 (1) of the statutes is amended to read:

SB110-engrossed,12,2 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1), 6.285, or 6.55 (2). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section.

SB110-engrossed, s. 13 Section 13. 6.32 (3) of the statutes is amended to read:

SB110-engrossed,12,8 6.32 (3) If the form is submitted later than the close of registration, the clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or, at the proper polling place or other location designated under s. 6.55 (2), or, if applicable, at a satellite absentee voting station designated under s. 6.873 (1).

SB110-engrossed, s. 14 Section 14. 6.33 (1) of the statutes is amended to read:

SB110-engrossed,12,22 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and the forms shall provide a space for the applicant's signature. The forms shall also include a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3). The forms shall also include a notice advising each elector of the effect of s. 6.03 (1) (b) and the fact that an elector who is disqualified from voting under that statute may not vote until his or her civil rights are restored. Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote.

SB110-engrossed, s. 15 Section 15. 6.33 (2) (b) of the statutes is amended to read:

SB110-engrossed,13,3 6.33 (2) (b) The registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer, or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct, and that the elector, to the best of his or her knowledge, is eligible to vote.

SB110-engrossed, s. 16 Section 16. 6.40 (1) (a) of the statutes is amended to read:

SB110-engrossed,13,14 6.40 (1) (a) Within municipality. Any registered elector shall transfer registration after a change of residence within the municipality in which he or she is registered by appearing in person at the office of the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be the elector's residence for 10 days prior to the election, and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at a satellite absentee voting station designated under s. 6.873 (1) or at the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting at a former ward or election district, the change shall be effective for the next election.

SB110-engrossed, s. 17 Section 17. 6.40 (1) (c) of the statutes is amended to read:

SB110-engrossed,13,22 6.40 (1) (c) Name change. Whenever an elector's name is legally changed, including a change by marriage or divorce, the elector shall transfer his or her registration to his or her legal name by appearing in person at the office of the municipal clerk or mailing to the municipal clerk a signed request for a transfer of registration to such name. Alternatively, a registered elector may make notification of a name change at a satellite absentee voting station designated under s. 6.873 (1) or at his or her polling place under s. 6.55 (2) (d).

SB110-engrossed, s. 18 Section 18. 6.55 (2) (d) of the statutes is amended to read:

SB110-engrossed,14,5 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk transferred his or her registration to his or her legal name under s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time which materials are returned under s. 6.56 (1). If an elector changes both a name and address, the elector shall complete a registration form at the polling place or other registration location under pars. (a) and (b).