AB600: Bill Text

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 or mental illness and requires the Department of Health and Family Services to distribute federal funding to the agency for these activities.

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.

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.