This bill discontinues the canvassing of absentee ballots at polling places.
Under the bill, each municipal board of canvassers must convene at one or more
public meetings held no earlier than the seventh day after absentee ballots for an
election are distributed and no later than 10 a.m. on the day after the election for the
purpose of counting absentee ballots. Under the bill, the board of canvassers does
not announce the results of its count until the canvass of all absentee ballots is
completed on the day after an election. The bill provides for each municipal board
of canvassers to conduct a cross-check of absentee ballots for any potential
duplication by electors who also cast ballots in person. To accomplish the
cross-check, each municipal board of canvassers numbers each absentee ballot as it
is counted, and if the elector who casts the ballot also casts a ballot in person, the
absentee ballot is not counted. To allow time for the separate canvass of the absentee
ballots to be completed and to reconcile and merge the results with the canvasses
conducted at polling places, the bill allows an additional 24 hours for municipal
canvasses to be completed and for county canvasses to begin. The bill permits any
elector to challenge for cause any absentee ballot, other than a ballot that is cast in
person at the office of a municipal clerk or board of election commissioners or at a
satellite absentee voting station.
Challenges of absentee ballots
Currently, an elector may challenge for cause the absentee ballot of any person
whom the elector knows or suspects is not a qualified elector at the polling place
where the absentee ballot is received. This bill permits any elector to challenge for
cause the absentee ballot of any person whom the elector knows or suspects is not a
qualified elector when the person casts an absentee ballot in person at the office of
a municipal clerk or board of election commissioners. Under the bill, if a person casts
an absentee ballot in person at the office of the municipal clerk or board of election
commissioners or at a satellite absentee voting station, an elector who wishes to
challenge the absentee ballot may do so only at the office of the municipal clerk or
board of election commissioners or at the voting station where the absentee ballot is
cast.
Voter registration with operator's license and identification card renewals
Under current law, every municipality with a population of more than 5,000 is
required to maintain a voter registration list. Beginning with the 2006 spring
primary election, every municipality will be required to maintain a voter registration
list. With certain exceptions, the deadline for voter registration for an election is 5
p.m. on the second Wednesday preceding the election. Registrations before this
deadline may be received at the office of the municipal clerk or board of election
commissioners (by mail or in person), at the office of the register of deeds, and at other
designated locations such as public high schools. Voters may also register in person
at the office of the municipal clerk or board of election commissioners until 5 p.m. on
the day before an election or, in most cases, may register at the proper polling place
or other designated location on election day. In addition, voters may register for an
election after the deadline if the municipal clerk or board of election commissioners
determines that the registration list can be revised to incorporate the registrations
in time for the election.
This bill directs the Department of Transportation (DOT) to include a voter
registration application as part of each operator's license and identification card
application and renewal application and to accept voter registration applications
from any elector who applies for an operator's license or identification card or
renewal of a license or card at any DOT office where applications for licenses or cards
or renewals of licenses or cards are accepted. The bill also directs DOT to accept an
application to update the registration information of any elector who has applied for
or obtained an operator's license or identification card if the elector changes his or
her name or residence within the state. The form of the registration application and
update application is prescribed by the Elections Board, subject to certain
requirements specified in the bill. Under the bill, DOT must provide the registration
and update forms to applicants at state expense.
The bill directs each municipal clerk and board of election commissioners to
appoint each employee of DOT who accepts applications for operators' licenses or
identification cards or renewals of licenses or cards as a special registration deputy.
The bill directs DOT employees who serve as deputies to forward completed voter
registration applications and update forms to the Elections Board. The board then
adds the names of qualified electors who submit properly completed forms to the
registration list or updates registration information on the list, as appropriate.
Under the bill, if a registration or update is filed at an office of DOT, the form or
update must be filed no later than the second Wednesday before an election to become
effective for that election.
Prevention of voting by ineligible felons
Currently, any person who is convicted of a felony is not eligible to vote.
However, if the person is pardoned or the person completes his or her sentence, the
person's voting rights are restored. A person who is on probation, parole, or extended
supervision has not completed his or her sentence. Under current law, there is no
procedure that election officials must use to identify felons who are ineligible to vote
and to prevent them from voting.
This bill directs the Department of Corrections (DOC) to transmit electronically
to the Elections Board, on a continuous basis, a list containing the names of each
person who has been convicted of a felony under the laws of this state and whose
voting rights have not been restored, together with the date on which DOC expects
his or her voting rights to be restored. (The voting rights of a convicted felon are
restored if the felon is pardoned or if the felon is released from incarceration and is
not on parole, probation or extended supervision.) The bill directs the board to enter
the information received from DOC on the statewide voter registration list and to
maintain the information on that list so that the information is kept current. Under
the bill, the information is open to public inspection. The bill also directs the board
to enter on the poll list prepared for each election a notation after the name of any
elector who is ineligible to vote on that date because the person's name appears on
the current list that DOC provides. In addition, the bill directs the board to provide
for each polling place at each election a list of persons whose names do not appear
on the registration list but whose names appear on the current list that DOC
provides and whose addresses are located within the area served by the polling place.
These lists are open to public inspection. The bill requires poll workers to check the
lists and to inform any person whose names appear on the lists that they are
ineligible to register to vote or to vote. A person whose name appears on a list and
who claims to be eligible to vote may still be allowed to vote, but the person must vote
by ballot. The ballot is marked for later examination and it may be reviewed and
discounted during a canvass or recount if the appropriate board of canvassers
determines that the person who cast the ballot is ineligible to vote.
The bill also requires every person who registers to vote, to affirm specifically
that he or she has not been convicted of a felony for which he or she has not been
pardoned and, if so, whether the person is incarcerated or on probation, parole, or
extended supervision resulting from that conviction. Currently, the law requires a
person who registers at a polling place only to affirm that he or she is not disqualified
on any ground from voting, and does not require any similar affirmation from other
late registrants.
In addition, the bill directs the Elections Board to conduct a postelection audit
after each election to determine whether any ineligible felons have been allowed to
register and vote after the close of registration. If so, the board is directed to enter
a notation reflecting this ineligibility on the registration list and to provide the
names of these felons to the district attorney.
Thirty-minute maximum waiting time
This bill directs municipalities to implement procedures to attempt to ensure
that no elector who appears to vote at a polling place for any election is required to
wait more than 30 minutes before being permitted to vote. Currently, there is no
similar requirement.
Postelection performance reviews
This bill directs each municipal clerk and board of election commissioners of
each municipality to conduct a postelection performance review following each
election that is held in the municipality. The review must include an analysis of
whether all relevant laws were complied with, an assessment of whether the
municipality achieved its goal to ensure a maximum waiting time of 30 minutes at
polling places and if not, how the goal can be achieved at the next comparable
election, and any steps that the municipality must take to improve the
administration of the next election in the municipality. Currently, there is no such
requirement.
Election day plans
This bill directs each municipal governing body to adopt a plan for the
administration of each election in the municipality. The plan must be adopted at
least 42 days before each regularly scheduled election, including each primary, and
at least 21 days before each special election. The plan must be prepared with the
advice of the Elections Board and must be submitted to the governing body in
proposed form by the municipal clerk or board of election commissioners. The plan
must include six elements: 1) procedures for preelection education of voters
concerning voting eligibility and voting procedures; 2) methods to be used to ensure
adequate staffing for preelection and election day activities; 3) measures that the
municipality will use to ensure the orderly and efficient flow of voters at each polling
place; 4) contingency plans to manage any voter turnout that is significantly higher
than anticipated; 5) management controls that the municipality will use to ensure
accountable and orderly processes at the election; and 6) specific procedures that the
municipality will use to conduct the postelection reviews required by the bill.
Election officials
Currently, there must be at least three inspectors (poll workers) at each polling
place. Municipalities may increase that number and may appoint special
registration deputies on a nonpartisan basis to register voters at polling places on
election day. Inspectors must be appointed from lists containing the names of eligible
electors submitted by party committeemen and committeewomen. If no names or
insufficient names are submitted, inspectors are appointed on a nonpartisan basis.
Certain high school pupils may also be appointed to serve as inspectors. The party
whose candidate for president or governor received the most votes in the area served
by the polling place at the most recent general election is entitled to one more
appointment than the other party. Alternate officials must also be appointed in a
sufficient number to maintain adequate staffing.
This bill provides that each municipality shall at the general election and may
at other elections appoint an additional inspector on a nonpartisan basis who serves
as a greeter and substitutes for other inspectors who must leave the voting room
temporarily. Under the bill, the additional inspector is not entitled to participate in
the canvassing process. In addition, the bill requires each municipality to appoint
at least one alternate inspector to serve at each election at each polling place in the
municipality.
Compensation for obtaining voter registrations
Under current law, a municipal clerk or board of election commissioners or the
Elections Board may appoint special registration deputies who may register electors
prior to the close of registration for any election. Any other person may also obtain
voter registration forms and may solicit registrations and return completed forms to
a municipal clerk, board of election commissioners, or the Elections Board.
This bill prohibits any person from compensating any other person, for
obtaining voter registrations, at a rate that varies in relation to the number of voter
registrations obtained by the person. Violators are guilty of a misdemeanor and are
subject to a fine of not more than $1,000 or imprisonment for not more than six
months, or both, for each offense.
Training of poll workers and special registration deputies
Currently, the Elections Board conducts training programs for chief inspectors
(chief officials at polling places). No person may serve as a chief inspector who has
not been certified by the Elections Board as having met the requirements prescribed
by the board for certification. The Elections Board must also prescribe requirements
for maintaining certification. The Elections Board may also conduct training
programs for other election officials. Municipal clerks and boards of election
commissioners are required to train all election officials, and municipalities may
require applicants for election official positions to take examinations. Currently, the
Elections Board and municipal clerks and boards of election commissioners may
appoint special registration deputies who obtain voter registrations from electors
prior to the close of registration (the second Wednesday before an election).
Currently, municipal clerks and boards of election commissionaires may appoint
special voting deputies to conduct voting at nursing homes and certain retirement
homes and community-based residential facilities. This bill also provides for the
appointment of special registration deputies and special voting deputies to serve at
satellite absentee voting stations (see above). Currently, the clerks and boards of
election commissioners must train the deputies in accordance with rules prescribed
by the Elections Board.
This bill requires the Elections Board to train all poll workers as well as special
registration deputies and special voting deputies. As a part of the training, the bill
requires the board to produce and conduct regular training programs and,
specifically, to produce and periodically update a video program and make the
program available electronically through an Internet-based system. The bill
provides that no person may serve as a poll worker, special registration deputy, or
special voting deputy unless that person is certified by the board as having met the
training requirements prescribed by the board for certification. The bill also directs
the board to prescribe requirements for maintaining certification. All requirements
must be structured to enable a qualified individual to obtain or maintain certification
solely by viewing the current applicable video training program produced by the
board. The cost of training provided by the state is paid by the state (with the use
of federal funds if available). Municipalities are required to compensate election
officials other than special registration deputies and special voting deputies for
attendance at training sessions.
Registration form format
Currently, the Elections Board prescribes the content of voter registration
forms in accordance with statutory requirements. The forms must be printed on
loose-leaf sheets or cards. This bill provides that the forms must be printed on cards
and directs the board to prescribe the format, size, and shape of the forms. The bill
also requires each item of information on the forms to be displayed in uniform font
size, as prescribed by the board.
Public access to birth date information
Currently, beginning with registration for voting at the 2006 spring primary
election, registration is required in all municipalities for all electors except military
electors, as defined by law. The registration list consists of certain information
relating to registered or formerly registered electors specified by law. Certain items
of information on the list may be publicly inspected or accessed electronically. Other
items of information, including an elector's date of birth, may only be viewed or
accessed by employees of the Elections Board and county and municipal clerks and
boards of election commissioners or their employees.
This bill provides that an individual who appears in person at the office of the
municipal clerk or board of election commissioners of a municipality may examine
information relating to the date of birth of any registered or formerly registered
elector of the state, as shown on the registration list, upon presentation of a current,
valid identification card issued by a governmental unit or other proof of residence
that is acceptable for voter registration purposes. Under the bill, an individual who
examines this information may receive a copy of the information or any other
information on the registration list to which access is permitted under current law.
The bill directs the clerk or board of election commissioners to record the name of any
individual who requests to examine information under the bill, together with the
type of identification presented by the individual and any unique number shown on
the face of the identification. Under the bill, no person who obtains birth date
information from a registration list may use the information for commercial
purposes or post the information on the Internet. Violators are guilty of a felony and
may be fined not more than $10,000 or imprisoned for not more than three years and
six months or both.
Posting of polling place information
This bill provides that in each municipality that is served by more than one
polling place at any election, the municipal clerk or board of election commissioners
must prominently post a map of the municipality, in the format prescribed by the
Elections Board, at each polling place for that election. The posting is required to
display the boundaries of the ward or wards served by each polling place for that
election, to show the location of each polling place on the map, and to provide the
building name and address for each polling place. The bill directs the Elections
Board to pay for the cost of the posting. Currently, polling place information must
be published or posted prior to an election, but there is no requirement for posting
at polling places.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB542, s. 1
1Section
1. 5.02 (15) of the statutes is amended to read:
AB542,10,62
5.02
(15) "Polling place" means the actual location wherein the elector's vote
3is cast.
"Polling place" does not include a satellite absentee voting station designated
4under s. 6.873 (1) or a nursing home, qualified retirement home, or qualified
5community-based residential facility where absentee voting is conducted under s.
66.875 (6).
AB542, s. 2
7Section
2. 5.05 (1) (e) of the statutes is amended to read:
AB542,10,178
5.05
(1) (e) Delegate to its executive director the authority to issue a subpoena
9under par. (b), apply for a search warrant under par. (b), commence an action under
10par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
115.06, exempt a polling place
or exempt a satellite absentee voting station designated
12under s. 6.873 (1) from accessibility requirements under s. 5.25 (4) (a), exempt a
13municipality from the requirement to use voting machines or an electronic voting
14system under s. 5.40 (5m), approve an electronic data recording system for
15maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
16who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
17limitations as the board deems appropriate.
AB542,11,620
5.25
(4) (a)
Each Except as otherwise specifically authorized by the board, each 21polling place
and satellite absentee voting station under s. 6.873 (1) shall be
1accessible to all individuals with disabilities. The board shall ensure that the voting
2system used at each polling place
and satellite absentee voting station under s. 6.873
3(1) will permit all individuals with disabilities to vote without the need for assistance
4and with the same degree of privacy that is accorded to nondisabled electors voting
5at the same polling place
or voting station. This paragraph does not apply to any
6individual who is disqualified from voting under s. 6.03 (1) (a).
AB542, s. 4
7Section
4. 5.25 (4) (b) of the statutes is amended to read:
AB542,11,128
5.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC
91973aa-1a to provide voting materials in any language other than English, the board
10shall ensure that the voting system used at each polling place
and at each satellite
11absentee voting station under s. 6.873 (1) located in that jurisdiction is in compliance
12with
42 USC 1973aa-1a.
AB542, s. 5
13Section
5. 5.35 (title) of the statutes is amended to read:
AB542,11,14
145.35 (title)
Polling place and voting station requirements.
AB542, s. 6
15Section
6. 5.35 (5) of the statutes is amended to read:
AB542,11,2216
5.35
(5) Activities restricted. No polling place
or satellite absentee voting
17station designated under s. 6.873 (1) may be situated so as to interfere with or
18distract election officials from carrying out their duties. The municipal clerk and
19election inspectors shall prevent interference with and distraction of electors at
20polling places
, and the special voting deputies shall prevent interference with and
21distraction of electors at satellite absentee voting stations designated under s. 6.873
22(1).
AB542, s. 7
23Section
7. 5.35 (6) (a) (intro.) of the statutes is amended to read:
AB542,12,324
5.35
(6) (a) (intro.) At each polling place
and at each satellite absentee voting
25station designated under s. 6.873 (1) in the state, the municipal clerk or board of
1election commissioners shall
post ensure that all of the following materials
, are
2posted and positioned so that they may be readily observed by electors entering the
3polling place
, approaching the voting station, or waiting in line to vote:
AB542, s. 8
4Section
8. 5.35 (6) (a) 3. of the statutes is amended to read:
AB542,12,75
5.35
(6) (a) 3. Two sample ballots prepared under s. 5.66 (2)
, in the case of a
6polling place, and one sample ballot prepared under s. 5.66 (2), in the case of a
7satellite absentee voting station designated under s. 6.873 (1).
AB542, s. 9
8Section
9. 5.35 (6) (a) 4. of the statutes is amended to read:
AB542,12,109
5.35
(6) (a) 4. The date of the election and the hours during which the polling
10place
or satellite absentee voting station is open.
AB542, s. 10
11Section
10. 5.35 (6) (c) of the statutes is created to read:
AB542,12,1812
5.35
(6) (c) At each polling place located in a municipality that is served by more
13than one polling place for an election, the municipal clerk or board of election
14commissioners shall prominently post a map of the municipality, in the format
15prescribed by the board, at each polling place for that election. The posting shall
16clearly show the boundaries of the ward or wards served by each polling place for that
17election, show the location of each polling place on the map, and shall provide the
18building name and address for each polling place.
AB542, s. 11
19Section
11. 5.51 (9) of the statutes is created to read:
AB542,12,2220
5.51
(9) On the back of each ballot, above the space for the initials, the ballot
21shall contain a space for the municipal clerk, deputy clerk, or special voting deputy
22to indicate whether the ballot is cast in person under s. 6.86 (1) (a) 2. or under s. 6.873.
AB542, s. 12
23Section
12. 6.10 (3) of the statutes is amended to read:
AB542,13,1224
6.10
(3) When If an elector moves from one ward to another or from one
25municipality to another within the state
before the close of registration under s. 6.28
1(1), the elector may vote in and be considered a resident of the new ward or
2municipality where residing upon updating his or her registration under s. 6.28 (4)
3(b), transferring his or her registration under s. 6.40 (1), or registering at the proper
4polling place or other registration location in the new ward or municipality under s.
56.285 (2) or 6.55 (2). If an elector moves from one ward to another or from one
6municipality to another within the state after the last registration day but at least
710 days before the election, the elector may vote in and be considered a resident of
8the new ward or municipality where residing upon transferring registration under
9s. 6.40 (1) or upon registering at the proper polling place or other registration location
10in the new ward or municipality under s.
6.285 (2) or 6.55 (2) or 6.86 (3) (a) 2. If the
11elector moves within 10 days of an election, the elector shall vote in the elector's old
12ward or municipality if otherwise qualified to vote there.
AB542, s. 13
13Section
13. 6.15 (4) (a) to (e) of the statutes are amended to read:
AB542,13,1714
6.15
(4) (a) Clerks holding new resident ballots shall deliver them to the
15election inspectors in the proper ward or election district where the new residents
16reside municipal board of canvassers when it convenes under s. 7.52 (1), as provided
17by s. 6.88 for absentee ballots.
AB542,13,2018
(b)
During polling hours, the inspectors The board of canvassers shall open
19each carrier envelope, announce the elector's name, check the affidavit for proper
20execution, and check the voting qualifications for the ward, if any.
AB542,13,2321
(c) The
inspectors board of canvassers shall open the inner envelope without
22examination of the ballot other than is necessary to see that the issuing clerk has
23endorsed it.
AB542,14,324
(d) Upon satisfactory completion of the procedure under pars. (b) and (c) the
25inspectors board of canvassers shall deposit the ballot in the ballot box. The
1inspectors board of canvassers shall enter the name of each elector voting under this
2section on the poll list with an indication that the elector is voting under this section
3or on a separate list maintained for the purpose under s. 6.79 (2) (c).
AB542,14,74
(e) If the person is not a qualified elector in the ward or municipality, or if the
5envelope is open or has been opened and resealed, the inspectors shall reject the vote.
6Rejected ballots shall be processed the same as rejected absentee ballots, under s.
76.88 (3)
(b).
AB542, s. 14
8Section
14. 6.15 (6) of the statutes is amended to read:
AB542,14,129
6.15
(6) Death of elector. When it appears by due proof to the
inspectors board
10of canvassers that a person voting
under this section at an election has died before
11the date of the election, the
inspectors board of canvassers shall return the ballot
12with defective ballots to the issuing official.
AB542, s. 15
13Section
15. 6.21 of the statutes is renumbered 7.52 (9) and amended to read:
AB542,14,1814
7.52
(9) When by due proof it appears to the
inspectors board of canvassers that
15a person
voting under this section casting an absentee ballot at an election has died
16before the date of the election,
they the board of canvassers shall return the ballot
17with defective ballots to the issuing official. The casting of the ballot of a deceased
18elector does not invalidate the election.
AB542, s. 16
19Section
16. 6.26 (2) (c) of the statutes is amended to read:
AB542,14,2420
6.26
(2) (c) No individual may serve as a special registration deputy in a
21municipality unless the individual is
certified by the board under s. 7.31 to serve in
22that position and is either appointed by the municipal clerk or board of election
23commissioners of the municipality or
the individual is appointed by the elections
24board to serve all municipalities.
AB542, s. 17
25Section
17. 6.26 (2) (d) of the statutes is amended to read:
AB542,15,2
16.26
(2) (d) This subsection does not apply to deputies
serving under s. 6.28 (4)
2or to deputies appointed under
s. ss. 6.285 (1) and 6.55 (6).
AB542, s. 18
3Section
18. 6.26 (3) of the statutes is amended to read:
AB542,15,114
6.26
(3) The board shall, by rule, prescribe procedures for appointment of
5special registration deputies, for revocation of appointments of special registration
6deputies, and for training of special registration deputies by municipal clerks and
7boards of election commissioners. The procedures shall
be coordinated with training
8programs for special registration deputies produced and conducted by the board
9under s. 7.31 and shall be formulated to promote increased registration of electors
10consistent with the needs of municipal clerks and boards of election commissioners
11to efficiently administer the registration process.
AB542, s. 19
12Section
19. 6.275 (title) of the statutes is amended to read:
AB542,15,13
136.275 (title)
Registration and voting
statistics information.
AB542, s. 20
14Section
20. 6.275 (2) of the statutes is amended to read:
AB542,15,1715
6.275
(2) Upon receipt of each report filed under
this section sub. (1), the county
16clerk or board of election commissioners shall forward one copy to the board within
177 days.
AB542, s. 21
18Section
21. 6.275 (3) of the statutes is created to read:
AB542,15,2119
6.275
(3) The board shall withhold from access under s. 19.35 (1) any
20registration information received from the department of transportation with
21respect to which confidentiality is guaranteed under s. 6.33 (1m) (a) 3. and 4.
AB542, s. 22
22Section
22. 6.28 (title) of the statutes is repealed and recreated to read:
AB542,15,23
236.28 (title)
Open registration.
AB542, s. 23
24Section
23. 6.28 (1) of the statutes is amended to read:
AB542,16,24
16.28
(1) Registration locations; deadline. Except as authorized in ss. 6.29,
26.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m.
3on the 2nd Wednesday preceding the election. Registrations made by mail under s.
46.30 (4) must be delivered to the office of the municipal clerk or postmarked no later
5than the 2nd Wednesday preceding the election. An application for registration in
6person or by mail may be accepted for placement on the registration list after the
7specified deadline, if the municipal clerk determines that the registration list can be
8revised to incorporate the registration in time for the election. All applications for
9registration corrections and additions may be made throughout the year at the office
10of the city board of election commissioners, at the office of the municipal clerk, at the
11office of any register of deeds
, at any office of the department of transportation where
12the department receives applications for operators' licenses or identification cards,
13or for renewals of operators' licenses or identification cards, under ch. 343, or at other
14locations
permitted under s. 6.285 or provided by the board of election commissioners
15or the common council in cities over 500,000 population or by either or both the
16municipal clerk, or the common council, village or town board in all other
17municipalities and may also be made during the school year at any high school by
18qualified persons under sub. (2) (a). Other registration locations may include but are
19not limited to fire houses, police stations, public libraries, institutions of higher
20education, supermarkets, community centers, plants and factories, banks, savings
21and loan associations and savings banks. Special registration deputies shall be
22appointed for all locations. An elector who wishes to obtain a confidential listing
23under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality
24where the elector resides.