AB600: Bill Text

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.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB600, s. 1 Section 1. 5.02 (6m) of the statutes is created to read:

AB600,10,2 5.02 (6m) "Identification" means:

AB600,10,3 (a) In the case of an elector who votes in person, either of the following:

AB600,10,5 1. A current and valid piece of identification containing a photograph of the elector.

AB600,10,8 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.

AB600,10,9 (b) In the case of an elector who votes by absentee ballot, either of the following:

AB600,10,11 1. A copy of a current and valid piece of identification containing a photograph of the elector.

AB600,10,14 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.

AB600, s. 2 Section 2. 5.02 (17) of the statutes is amended to read:

AB600,10,17 5.02 (17) "Registration list" means the list of electors who are properly registered to vote in municipalities in which registration is required.

AB600, s. 3 Section 3. 5.02 (24w) of the statutes is created to read:

AB600,10,19 5.02 (24w) "Voting system" means:

AB600,10,24 (a) The total combination of mechanical, electromechanical, or electronic equipment, including the software, hardware, and documentation required to program, control, and support the equipment, that is used to define ballots, to cast and count votes, to report or display election results, and to maintain and produce any audit trail information.

AB600,11,2 (b) The practices and associated documentation for any of the following purposes:

AB600,11,3 1. To identify equipment components and versions of such components.

AB600,11,4 2. To test the equipment during its development and maintenance.

AB600,11,5 3. To maintain records of equipment errors and defects.

AB600,11,7 4. To determine specific equipment changes to be made after the initial qualification of the equipment.

AB600,11,8 5. To make available any materials to an elector.

AB600, s. 4 Section 4. 5.05 (10) of the statutes is created to read:

AB600,11,16 5.05 (10) State election administration plan. With the assistance of the election administration council, the board shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board shall adopt the plan and any modifications only after publishing a class I notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon.

AB600, s. 5 Section 5. 5.05 (11) of the statutes, as created by 2003 Wisconsin Act 35, is amended to read:

AB600,12,3 5.05 (11) Aids to counties and municipalities. From the appropriation under s. 20.510 (1) (x), the board may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board.

AB600, s. 6 Section 6. 5.05 (12) to (15) of the statutes are created to read:

AB600,12,10 5.05 (12) Voter education. The board may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The board shall conduct an educational program for the 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 a single office.

AB600,12,15 (13) Toll-free election information exchange. (a) The board shall 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.

AB600,12,19 (b) The board may maintain a free access system under which an elector who votes under s. 6.96 or 6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.

AB600,12,23 (14) Information from county and municipal clerks. The board may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.

AB600,13,2 (15) Registration list. The board is responsible for the design and maintenance of the official registration list under s. 6.36. The board shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board for proper maintenance of the list.

AB600, s. 7 Section 7. 5.055 of the statutes is created to read:

AB600,13,16 5.055 Election assistance commission standards board. The executive director of the board shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The executive director shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the executive director shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

AB600, s. 8 Section 8. 5.056 of the statutes is created to read:

AB600,13,23 5.056 Matching program with secretary of transportation. The executive director of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.

AB600, s. 9 Section 9. 5.061 of the statutes is created to read:

AB600,14,4 5.061 Compliance with federal Help America Vote Act. (1) Whenever any person believes that a violation of Title III of P.L. 107-252 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, verified complaint with the board.

AB600,14,7 (2) If the board receives more than one complaint under sub. (1) relating to the same subject matter, the board may consolidate the complaints for purposes of this section.

AB600,14,14 (3) A complainant under sub. (1) or any of the complainants in a consolidated complaint under sub. (2) may request a hearing and the matter shall then be treated as a contested case under ch. 227, except that the board shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.

AB600,14,20 (4) If the board finds the complaint to be without merit, it shall issue a decision dismissing the complaint. If the board finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the board shall order appropriate relief, except that the board shall not issue any order under this subsection 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.

AB600, s. 10 Section 10. 5.25 (4) (a) of the statutes is amended to read:

AB600,15,2 5.25 (4) (a) Each polling place shall be accessible to elderly and handicapped all individuals with disabilities. The board shall ensure that the voting system used at each polling place will permit all individuals with disabilities 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. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).

AB600, s. 11 Section 11. 5.25 (4) (b) of the statutes is created to read:

AB600,15,7 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any language other than English, the board shall ensure that the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

AB600, s. 12 Section 12. 5.25 (4) (c) of the statutes is repealed.

AB600, s. 13 Section 13. 5.35 (6) (a) 2m., 4., 4a. and 4b. of the statutes are created to read:

AB600,15,11 5.35 (6) (a) 2m. General information prescribed by the board on federal laws relating to election fraud and misrepresentation in federal elections.

AB600,15,12 4. The date of the election and the hours during which the polling place is open.

AB600,15,14 4a. Instructions prescribed by the board for electors for whom identification is required under s. 6.36 (2) (c) 2.

AB600,15,17 4b. General information prescribed by the board concerning voting rights under applicable state and federal laws, including the method of redress for any alleged violations of those rights.

AB600, s. 14 Section 14. 5.36 of the statutes is created to read:

AB600,15,22 5.36 Notice of voting by individuals with disabilities. Any individual with a disability may notify a municipal clerk that he or she intends to vote at a polling place on election day and may request that a specific type of accommodation be provided that will facilitate his or her voting.

AB600, s. 15 Section 15. 5.40 (6) of the statutes is amended to read:

AB600,16,3 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

AB600, s. 16 Section 16. 5.55 (title) of the statutes is amended to read:

AB600,16,5 5.55 (title) Ballot identification Information.

AB600, s. 17 Section 17. 5.87 of the statutes is renumbered 5.87 (1).

AB600, s. 18 Section 18. 5.87 (2) of the statutes is created to read:

AB600,16,12 5.87 (2) The board shall, by rule, prescribe uniform standards for determining the validity of votes cast or attempted to be cast with each electronic voting system approved for use in this state under s. 5.91. The rules shall apply only to situations that may arise in which the validity of a vote or attempted vote cast by an elector utilizing a particular system cannot be determined under s. 7.50.

AB600, s. 19 Section 19. 5.91 (15) to (18) of the statutes are created to read:

AB600,16,15 5.91 (15) It permits an elector to privately verify the votes selected by the elector before casting his or her ballot.

AB600,16,18 (16) It provides an elector with the opportunity to change his or her votes and to correct any error or to obtain a replacement for a spoiled ballot prior to casting his or her ballot.

AB600,16,23 (17) Unless the ballot is counted at a central counting location, it includes a mechanism for notifying an elector who attempts to cast an excess number of votes for a single office that his or her votes for that office will not be counted, and provides the elector with an opportunity to correct his or her ballot or to receive and cast a replacement ballot.

AB600,16,25 (18) It produces a permanent paper record of the vote cast by each elector at the time that it is cast that enables a manual count or recount of the elector's vote.

AB600, s. 20 Section 20. 6.06 of the statutes is created to read:

AB600,17,6 6.06 Information for uniformed service members. The board is the agency designated by this state under 42 USC 1973ff-1 to provide information regarding voter registration and absentee balloting procedures to absent members of the uniformed services and overseas voters with respect to elections for national office.

AB600, s. 21 Section 21. 6.15 (2) (title) of the statutes is amended to read:

AB600,17,8 6.15 (2) (title) Application for ballot Procedure at clerk's office.

AB600, s. 22 Section 22. 6.15 (2) (a) (intro.) of the statutes is amended to read:

AB600,17,20 6.15 (2) (a) (intro.) The elector's request for the application form may be made in person to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot of the municipality where the person resides. Application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. The If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB600, s. 23 Section 23. 6.15 (3) (a) (title) of the statutes is repealed.

AB600, s. 24 Section 24. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:

AB600,18,14 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.55 (7). The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant The elector shall then fold the ballot so as to conceal his or her vote. The applicant clerk or elector shall then deposit the ballot and seal it in place the ballot in an envelope furnished by the clerk.