This bill provides that if an elector other than a military or overseas elector, as
defined by federal law, registers to vote by mail and has never voted in a federal
election in the municipality where the elector is voting or, after January 1, 2006, has
never voted in a federal election in this state, the elector must provide a form of
identification specified by federal law in order to be permitted to vote in a federal
election. The form of identification used must be either 1) a current and valid piece
of identification containing a photograph of the elector; or 2) a copy of a utility bill,
bank statement, paycheck, or a check or other document issued by a unit of
government that shows the current name and address of the elector. If the elector
votes by absentee ballot, the elector must provide a copy of any identification used.
If the identification provided by an elector is in one of the acceptable formats and
contains the name and address of the elector as shown on the poll list, the inspectors
must accept the identification unless they challenge the ballot of the elector. If an
elector who votes at a polling place is required to provide identification and fails to
do so, the elector may vote provisionally. If an elector who fails to provide required
identification votes by absentee ballot, the ballot is treated as a provisional ballot.
A provisional ballot is marked by the poll workers, who immediately contact the
municipal clerk or executive director of the board of election commissioners. The
clerk or executive director is then directed to determine whether the individual
submitting the ballot is a qualified elector where he or she is attempting to vote. If
the clerk or executive director notifies the board of canvassers responsible for
canvassing the election that the elector is qualified to vote in the ward or election
district where the individual's ballot is cast by 4 p.m. on the day after the election,
the board of canvassers must reopen the canvass and count the individual's ballot.
Compliance with Help America Vote Act
Currently, an elector who believes that the action or inaction of an election
official concerning nominations, qualification of candidates, voting qualifications,
ward division and numbering, recall, ballot preparation, election administration, or
the conduct of elections is contrary to law or that the actions or inactions of an
election official with respect to any such matter constitute an abuse of discretion,
may file a complaint with the Elections Board and the board may order appropriate
relief. The decision of the board may be appealed to the courts. Any elector who
believes that an election official is acting in violation of the law may request the
appropriate district attorney or, in some cases, the attorney general to petition a
court for appropriate relief. However, the recount procedure is the exclusive judicial
remedy for addressing any alleged irregularity, defect, or mistake committed during
the voting or canvassing process.
This bill creates another procedure for addressing alleged noncompliance with
any provision of the federal Help America Vote Act relating to voting system
standards, provisional voting, voting information, registration procedure and
administration, and voter identification. Under the bill, whenever any person
(whether an individual or another entity and whether inside or outside this state)
believes that a violation of the act has occurred, is occurring, or is proposed to occur
with respect to an election for national office in this state, that person may file a
written, sworn complaint with the Elections Board. The board must grant the
complainant a formal hearing upon request and must issue a decision on the
complaint, together with an order for any appropriate relief, within 89 days. Under
the bill, the relief may not include any order affecting the right of any person to hold
an elective office or affecting the canvass of an election on or after the date of that
election.
Voting process
Standards for determining validity of votes
Currently, state law specifies in detail whether particular indications of elector
intent shall be counted as votes cast for particular candidates or propositions. The
standards for determining the validity of votes are to some degree applicable to votes
cast using electronic voting systems. This bill directs the Elections Board to
prescribe, by rule, uniform standards for determining the validity of votes cast or
attempted to be cast with each electronic voting system that the board approves for
use in this state. The rules apply only in situations that are not addressed under
current law.
Federal absentee ballot procedures
Currently, when a uniformed service or overseas voter (as defined by federal
law) requests an absentee ballot in a timely manner, the voter is sent an absentee
ballot for the next election. Under this bill, such a voter may request and receive an
absentee ballot for the next two general (national) elections at the same time, unless
the voter is subject to a registration requirement and the voter is no longer registered
to vote in this state at the time that an absentee ballot would otherwise be
transmitted.
The bill also provides that if any municipal clerk or board of election
commissioners rejects a request for an absentee ballot from a uniformed service or
overseas voter, the clerk or board must promptly inform the voter of the reason for
the rejection.
Voting after hours pursuant to federal court order
This bill provides that if a federal court orders that a polling place remain open
after the official closing hour of 8 p.m., any electors who vote after hours must vote
by ballot and have their ballots marked to indicate that they voted after the official
closing hour pursuant to a federal court order. The late ballots are then counted
unless the court order is overturned. If the order is overturned after the canvass of
the election, the bill requires the canvass to be reopened.
Protection and advocacy activities
Under current law, the state protection and advocacy agency implements a
system to protect and advocate for the rights of persons with developmental
disabilities or mental illness.
The bill authorizes the protection and advocacy agency to engage in activities
to ensure full participation in the electoral process for eligible electors with
developmental disabilities and requires the Department of Health and Family
Services to distribute federal funding to the agency for these activities. The activities
may not include encouraging or discouraging, or attempting to encourage or
discourage, electors to vote for or against a particular candidate or slate of candidates
or a particular question submitted to the electors at an election. Under the bill, none
of the activities may be conducted during the 30-day period preceding any spring
primary or election or the 60-day period preceding any other regular election.
Voting by new residents
Currently, an individual who has resided in this state for less than ten days at
the time of a presidential election may vote for president and vice president only at
the office of a municipal clerk or board of election commissioners, by absentee ballot
through the mail, or at a polling place on election day. This bill provides that such
an individual may only vote at the office of a municipal clerk or board of election
commissioners or at a polling place on election day.
Revision of registration list
Under current law, municipalities must use either a "negative purge" or a
"positive purge" system to maintain their voter registration lists. Under the negative
purge procedure, an elector who does not vote for a four-year period and does not
respond to a notice by requesting continuation of his or her registration is purged
from the list. Under the positive purge procedure, the municipal clerk or board of
election commissioners sends a registration verification notice to each elector who
does not vote for a four-year period. Each elector whose notice is returned as
undeliverable is purged from the list. This bill deletes the "positive purge" procedure.
Election administration enhancement
Federal and state advisory bodies
In accordance with the Help America Vote Act, the bill creates an Election
Administration Council whose members are appointed by the executive director of
the board to develop and revise as necessary a proposed state plan for the
expenditure of federal moneys under the Help America Vote Act. The bill also directs
the board to adopt this plan and revise the plan as necessary. In addition, the bill
directs the executive director, in consultation with the Elections Board, to appoint
a representative of this state as a member of the federal Election Assistance
Commission standards board, and to supervise the selection by county and
municipal clerks and boards of election commissioners in this state of a
representative of this state to serve as a member of the standards board.
Voter educational programs and information systems
This bill permits the Elections Board, with the assistance of county and
municipal clerks and boards of election commissioners, to conduct or prescribe
requirements for educational programs to inform electors about voting procedures,
voting rights, and voting technology. However, the bill requires the board to conduct
an educational program for the specific purpose of educating electors who cast paper
ballots, ballots that are counted at a central counting location, and absentee ballots
of the effect of casting excess votes for an office. The bill also directs the board, with
the assistance of county and municipal clerks, to maintain one or more toll-free
telephone lines for electors to report possible voting fraud and voting rights
violations, to obtain general election information and to access information
concerning their registration status, current polling place locations, and other
information relevant to voting in elections. The bill requires the municipal clerks
and boards of election commissioners to maintain a free access system under which
electors who vote without providing required identification and electors who vote
pursuant to a federal court order after a polling place is scheduled to close may
ascertain the status of their votes.
Requirements to match information
In accordance with the Help America Vote Act, the bill requires the secretary
of transportation (secretary) to enter into two agreements. First, the secretary and
the executive director of the Elections Board must enter into an agreement to match
personally identifiable information on the official registration list maintained by the
Elections Board with personally identifiable information in driver licensing and
vehicle registration records maintained by the Department of Transportation (DOT),
for the purpose of verifying voter registration information. Second, the secretary
must enter into an agreement with the commissioner of the federal Social Security
Administration to match the name, date of birth, and social security number of
individuals in DOT's driver licensing and vehicle registration records with such
information in the records of the Social Security Administration. This agreement
must contain safeguards to maintain the confidentiality of any information disclosed
and procedures to allow the secretary to use any information disclosed in
maintaining the records of DOT.
Instructions for absentee voters
The bill directs the Elections Board to prescribe uniform instructions for
absentee voters. The instructions must include information concerning the
procedure for correcting errors in marking a ballot and obtaining a replacement for
a spoiled ballot.
Electronic voting system standards
Effective on January 1, 2006, the bill creates new standards for approval by the
Elections Board of electronic voting systems for use at elections in this state. Under
the bill, all electronic voting systems must enable an elector to privately verify the
votes selected by the elector before casting his or her ballot, they must provide the
elector with an opportunity to change his or her votes or to obtain a replacement for
a spoiled ballot before casting his or her vote, and, unless a ballot is counted at a
central counting location, they must include a mechanism for notifying an elector of
an overvote for an office and provide an opportunity for the elector to correct his or
her ballot or to cast a replacement ballot to eliminate the overvote. The system must
also produce a permanent paper record of the vote cast by each elector who uses an
electronic voting system at the time the elector casts his or her vote that enables a
manual count or recount of the elector's vote.
Enforcement of federal voting system standards
Effective on January 1, 2006, the bill directs the Elections Board to audit the
performance of each voting system used in this state, including any paper ballot
voting system, following each general election. In the audit, the board must
determine the error rate of the system in counting ballots that are validly cast by
electors. If the error rate exceeds the rate permitted by the federal government, the
bill directs the board to take remedial action and to order affected counties and
municipalities to take remedial action. The bill requires counties and municipalities
to comply with remedial orders.
Polling place accessibility, equipment and materials
Currently, each polling place in the state is required to be accessible to elderly
and handicapped individuals, unless the Elections Board otherwise permits in
accordance with guidelines prescribed by rule. This bill requires, effective January
1, 2006, that each polling place in the state be accessible to all individuals with
physical or mental disabilities, except individuals who are currently disqualified
from voting due to mental disability. The bill also directs the board to ensure that
the voting system used at each polling place allows all such individuals to vote
without the need for assistance and with the same degree of privacy that is accorded
to nondisabled electors voting at the same polling place. Under the bill, any
individual with a disability who intends to vote at a polling place on election day may
request that a specific type of accommodation be provided to facilitate his or her
voting. Municipalities must make reasonable efforts to comply with such requests
where feasible, but municipalities must still make all polling places accessible to all
individuals with disabilities (except individuals who are currently disqualified from
voting due to mental disability) regardless of whether an advance request for
accommodation is made. In any jurisdiction that is currently subject to federal
requirements to provide voting materials in any language other than English, the
board must ensure that the voting system used at each polling place in the
jurisdiction is in compliance with those requirements. In addition, the bill deletes
the authority of the board to waive compliance with accessibility requirements.
Notices posted at polling places
Currently, municipalities are required to post at each polling place relevant
voting instructions, a copy of state election fraud laws, two sample ballots, special
information concerning voting at partisan primaries, and other information directed
to be posted by the Elections Board. This bill requires, in addition, that
municipalities post information concerning the date of the election, the hours during
which the polling place is open, special instructions for electors who are required to
provide identification in order to vote, and general information prescribed by the
board concerning voting rights under applicable state and federal laws and federal
laws relating to election fraud and misrepresentation in elections.
Statistical reports
This bill requires each municipal clerk and board of election commissioners to
report to the Elections Board, within 30 days after each general election, the number
of absentee ballots transmitted to absent uniformed services and overseas voters, as
defined by federal law, for that election and the combined number of those ballots
that were cast by those electors in that election. The bill then directs the board,
within 90 days after each general election, to compile the information received from
municipal clerks and boards of election commissioners and transmit the compiled
information to the federal Election Assistance Commission. Currently, there is no
similar requirement.
The bill also permits the Elections Board to request that county or municipal
clerks or boards of election commissioners provide information to the board relating
to election administration, performance of electronic voting systems and voting
machines, and use of paper ballots in elections, and directs the clerks and boards to
provide the board with any such requested information.
Currently, the Elections Board conducts information and training meetings for
election officials and also conducts a training program for chief inspectors
(supervising poll workers). This bill directs county and municipal clerks and boards
of election commissioners to assist the board in conducting those training programs.
Performance evaluation audit
The bill directs the Legislative Audit Bureau to perform a performance
evaluation audit relating to compliance by the state and local governments with
election laws and the appropriateness of procedures used to implement those laws.
The audit must address compliance with the terms of the act resulting from
enactment of this bill, including polling place accessibility requirements. The audit
must also address the treatment of complaints of electors concerning election law
violations, including denial of the right to vote and the right to corroborate
registration information for electors, any attempts to require identification that is
not authorized by law, any incidence of inadequate availability of ballots, allegations
of voter fraud and the treatment of those allegations, and the legality and
appropriateness of procedures used to identify ineligible electors whose names may
appear on the registration list. The bureau must report its findings within an
appropriate time period determined by the bureau upon consultation with the
Elections Board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB600-engrossed,10,22
5.02
(6m) "Identification" means:
AB600-engrossed,10,33
(a) In the case of an elector who votes in person, either of the following:
AB600-engrossed,10,54
1. A current and valid piece of identification containing a photograph of the
5elector.
AB600-engrossed,10,86
2. A copy of a utility bill, bank statement, paycheck, or a check or other
7document issued by a unit of government that shows the current name and address
8of the elector.
AB600-engrossed,10,99
(b) In the case of an elector who votes by absentee ballot, either of the following:
AB600-engrossed,10,1110
1. A copy of a current and valid piece of identification containing a photograph
11of the elector.
AB600-engrossed,10,1412
2. A copy of a utility bill, bank statement, paycheck, or a check or other
13document issued by a unit of government that shows the current name and address
14of the elector.
AB600-engrossed,11,2
15.02
(17) "Registration list" means the list of electors who are properly
2registered to vote
in municipalities in which registration is required.
AB600-engrossed,11,44
5.02
(24w) "Voting system" means:
AB600-engrossed,11,95
(a) The total combination of mechanical, electromechanical, or electronic
6equipment, including the software, hardware, and documentation required to
7program, control, and support the equipment, that is used to define ballots, to cast
8and count votes, to report or display election results, and to maintain and produce
9any audit trail information.
AB600-engrossed,11,1110
(b) The practices and associated documentation for any of the following
11purposes:
AB600-engrossed,11,1212
1. To identify equipment components and versions of such components.
AB600-engrossed,11,1313
2. To test the equipment during its development and maintenance.
AB600-engrossed,11,1414
3. To maintain records of equipment errors and defects.
AB600-engrossed,11,1615
4. To determine specific equipment changes to be made after the initial
16qualification of the equipment.
AB600-engrossed,11,1717
5. To make available any materials to an elector.
AB600-engrossed,11,2519
5.05
(10) State election administration plan. With the assistance of the
20election administration council, the board shall adopt and modify as necessary a
21state plan that meets the requirements of P.L.
107-252 to enable participation by
22this state in federal financial assistance programs authorized under that law. The
23board shall adopt the plan and any modifications only after publishing a class I notice
24under ch. 985 or posting on the Internet a statement describing the proposed plan
25or modification and receiving public comment thereon.
AB600-engrossed,12,123
5.05
(11) Aids to counties and municipalities. From the appropriation under
4s. 20.510 (1) (x), the board may provide financial assistance to eligible counties and
5municipalities for election administration costs
in accordance with the plan adopted
6under sub. (10). As a condition precedent to receipt of assistance under this
7subsection, the board shall enter into an agreement with the county or municipality
8receiving the assistance specifying the intended use of the assistance and shall
9ensure compliance with the terms of the agreement. Each agreement shall provide
10that if the federal government objects to the use of any assistance moneys provided
11to the county or municipality under the agreement, the county or municipality shall
12repay the amount of the assistance provided to the board.
AB600-engrossed,12,1914
5.05
(12) Voter education. The board may conduct or prescribe requirements
15for educational programs to inform electors about voting procedures, voting rights,
16and voting technology. The board shall conduct an educational program for the
17purpose of educating electors who cast paper ballots, ballots that are counted at a
18central counting location, and absentee ballots of the effect of casting excess votes for
19a single office.
AB600-engrossed,12,24
20(13) Toll-free election information exchange. (a) The board shall maintain
21one or more toll-free telephone lines for electors to report possible voting fraud and
22voting rights violations, to obtain general election information, and to access
23information concerning their registration status, current polling place locations, and
24other information relevant to voting in elections.
AB600-engrossed,13,4
1(b) The board may maintain a free access system under which an elector who
2votes under s. 6.96 or 6.97 may ascertain current information concerning whether
3the elector's vote has been counted, and, if the vote will not be counted, the reason
4that it will not be counted.
AB600-engrossed,13,8
5(14) Information from county and municipal clerks. The board may request
6information from county and municipal clerks relating to election administration,
7performance of electronic voting systems and voting machines, and use of paper
8ballots in elections.
AB600-engrossed,13,12
9(15) Registration list. The board is responsible for the design and
10maintenance of the official registration list under s. 6.36. The board shall require all
11municipalities to use the list in every election and may require any municipality to
12adhere to procedures established by the board for proper maintenance of the list.
AB600-engrossed,14,2
145.055 Election assistance commission standards board. The executive
15director of the board shall, in consultation with the board, appoint an individual to
16represent this state as a member of the federal election assistance commission
17standards board. The executive director shall also conduct and supervise a process
18for the selection of an election official by county and municipal clerks and boards of
19election commissioners to represent local election officials of this state as a member
20of the federal election assistance commission standards board. The executive
21director shall ensure that the members of the federal election assistance commission
22standards board representing this state shall at no time be members of the same
23political party. Upon appointment or election of any new member of the federal
24election assistance commission standards board representing this state, the
1executive director shall transmit a notice of that member's appointment or election
2to the officer or agency designated by federal law.
AB600-engrossed,14,9
45.056 Matching program with secretary of transportation. The
5executive director of the board shall enter into the agreement with the secretary of
6transportation specified under s. 85.61 (1) to match personally identifiable
7information on the official registration list maintained by the board under s. 6.36 (1)
8with personally identifiable information maintained by the department of
9transportation.
AB600-engrossed,14,14
115.061 Compliance with federal Help America Vote Act. (1) Whenever
12any person believes that a violation of Title III of P.L.
107-252 has occurred, is
13occurring, or is proposed to occur with respect to an election for national office in this
14state, that person may file a written, verified complaint with the board.
AB600-engrossed,14,17
15(2) If the board receives more than one complaint under sub. (1) relating to the
16same subject matter, the board may consolidate the complaints for purposes of this
17section.
AB600-engrossed,14,24
18(3) A complainant under sub. (1) or any of the complainants in a consolidated
19complaint under sub. (2) may request a hearing and the matter shall then be treated
20as a contested case under ch. 227, except that the board shall make a final
21determination with respect to the merits of the complaint and issue a decision within
2289 days of the time that the complaint or the earliest of any complaints was filed,
23unless the complainant, or each of any complainants whose complaints are
24consolidated, consents to a specified longer period.
AB600-engrossed,15,6
1(4) If the board finds the complaint to be without merit, it shall issue a decision
2dismissing the complaint. If the board finds that the violation alleged in the
3complaint has occurred, is occurring, or is proposed to occur, the board shall order
4appropriate relief, except that the board shall not issue any order under this
5subsection affecting the right of any person to hold an elective office or affecting the
6canvass of an election on or after the date of that election.
AB600-engrossed,15,138
5.25
(4) (a) Each polling place shall be accessible to
elderly and handicapped 9all individuals
with disabilities. The board shall ensure that the voting system used
10at each polling place will permit all individuals with disabilities to vote without the
11need for assistance and with the same degree of privacy that is accorded to
12nondisabled electors voting at the same polling place. This paragraph does not apply
13to any individual who is disqualified from voting under s. 6.03 (1) (a).
AB600-engrossed,15,1815
5.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC
161973aa-1a to provide voting materials in any language other than English, the board
17shall ensure that the voting system used at each polling place in that jurisdiction is
18in compliance with
42 USC 1973aa-1a.
AB600-engrossed,15,2221
5.35
(6) (a) 2m. General information prescribed by the board on federal laws
22relating to election fraud and misrepresentation in federal elections.
