Under current law, each nomination paper and petition for an election must be
circulated by a qualified elector of the jurisdiction or district in which the paper or petition
is circulated. However, in Frami v. Ponto, 255 F. Supp. 962 (W.D. Wis. 2003), a federal
district court ruled that this residency requirement is unconstitutional and prevented the
state from enforcing the statutory requirement.
The bill removes the residency requirement by providing that a circulator of a
nomination paper or petition must be a qualified elector of this state or a U.S. citizen age
18 or over who, if he or she were a resident of the state, would not be disqualified from
voting because he or she is incompetent, a felon whose right to vote has not been restored,
or involved in a wager or bet depending upon the result of the election.
Notice of School District Referendum
Currently, proposed constitutional amendments and other measures or questions
to be submitted to a vote of the people must be filed with the official or agency responsible
for preparing the ballots for the election no later than 42 days prior to the election at
which the amendment, measure, or question will appear on the ballot.
The bill requires, in addition, that a copy of a measure or question to be submitted
to a vote of the people on behalf of a school district be provided to the clerk of each county
having territory within the school district no later than the end of the next business day
after the school district clerk receives the measure or question.
Contingency Planning Report
The bill requires the elections board to submit a report and recommendations to
the legislature on state and local election-related contingency planning efforts and
preparedness regarding natural disasters and terrorist activities that may occur at or
near election time. The report is due on the first day of the 7th month beginning after
publication of the bill as an act.
Guidance to Local Units of Government Regarding Election-Related Purchases
Under current law, the election administration council consists of members of the
public and local election officials appointed by the executive director of the elections
board. The council is to assist the elections board to establish the state's election
administration plan under HAVA.
The bill requires the election administration council to also provide guidance to
local units of government concerning the procurement of election apparatus, ballots,
ballot forms, materials, and supplies for use in elections in this state to help ensure that
competitive prices are obtained.
Term of Appointment for Certain Election Officials
Under current law, election officials are appointed for a 2-year term. The
appointments are made in December of each even-numbered year. The bill changes the
date that election officials are appointed to December of each odd-numbered year.
Election Official Training
Under current law, the elections board conducts training programs for chief
inspectors (chief officials at polling places). No person may serve as a chief inspector if
he or she 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 and municipal clerks may appoint special voting deputies to conduct voting
at nursing homes and certain retirement homes and community-based residential
facilities. Currently, the clerks and boards of election commissioners must train the
deputies in accordance with rules prescribed by the elections board.
Beginning for elections held in 2008, the bill requires all municipal clerks to receive
election training at least once every 2 years. The bill authorizes the elections board to
produce and periodically update a video program and make the program available
electronically through an Internet-based system for training purposes. Also, the bill
requires municipal clerks to train all poll workers other than chief inspectors, who
continue to be trained and certified under current law, as well as special registration
deputies and special voting deputies pursuant to rules developed by the elections board.
The bill provides that no person may serve as a poll worker, special registration deputy,
or special voting deputy unless that person has received training required in the bill
unless certain unforeseen circumstances occur. Under the bill, municipalities are
required to compensate election officials other than special registration deputies and
special voting deputies for attendance at training sessions as currently provided.
ELECTION DAY PROCEDURES
High School Student Poll Workers
Generally, a pupil who is 16 or 17 years of age, who is enrolled in grades 9 to 12 in
a public or private school, and who has at least a 3.0 grade point average (GPA) may serve
as an inspector (poll worker) at the polling place serving the pupil's residence. Approval
of the pupil's parent or guardian and of the school principal is required. There must be
at least one qualified elector of the state serving at the polling place for a pupil to be
appointed and a pupil may not serve as chief inspector. The term of appointment of an
inspector lasts for 2 years and until his or her successor is appointed and qualified.
The bill eliminates the minimum GPA requirement and instead authorizes school
boards to develop criteria for approving students to serve as poll workers. The bill also
modifies the term of service of a high school pupil appointed to serve as an inspector.
Under the bill, a high school pupil is appointed for one election only rather than for 2
years. The bill does not prohibit such a pupil from being appointed to serve at future
elections.
Poll Closing Procedures When Voters Waiting to Vote
Under current law, any elector waiting to vote, whether within the polling booth
or in the line outside the booth at the time the polls officially close must be permitted to
vote.
The bill requires each municipal clerk to designate an official of the municipality
who must position himself or herself at the end of the line of individuals waiting to vote
at the time the polls officially close as a way to mark the end of the line. The bill provides
that the official may be a poll worker at the polling place, an employee of the municipal
clerk, or a police officer.
Conduct of Election Observers
Under current law, any member of the public may be present at any polling place
for the purpose of observing an election, except a candidate at that election. The chief
inspector at the polling place is authorized to "reasonably limit" the number of persons
representing the same organization who are permitted to observe an election at the same
time. In addition, the chief inspector is authorized to restrict the location of observers to
certain areas at a polling place. Such an area is to be clearly designated as an observation
area. Observation areas must be positioned to allow observers to readily observe all
public aspects of the voting process. The statutes authorize a chief inspector to order the
removal from a polling place of any observer who commits an overt act which disrupts the
operation of the polling place or who engages in electioneering.
Under the statutes, an observer may not view the confidential portion of a
registration list relating to an individual who has obtained a confidential listing based
on domestic abuse. However, the poll workers must disclose to an observer, upon request,
the existence of such a list, the number of electors whose names appear on the list, and
the number of those electors who have voted at any point during the election. In addition,
an observer may not view the certificate of an absent elector who has obtained such a
confidential listing.
Currently, any person who refuses to obey a lawful order of a poll worker made for
the purpose of enforcing the election laws, who engages in disorderly behavior at or near
a polling place, or who interrupts or disturbs the voting or canvassing proceedings may
be fined not more than $1,000, or imprisoned for not more than 6 months, or both.
The bill directs the elections board to promulgate rules regarding the proper
conduct of observers at polling places, municipal clerk's offices, or alternate absentee
ballot sites, including the interaction of observers with election officials at polling places.
The bill requires the rules to be submitted to the legislative council staff for review by the
60th day beginning after publication of the bill as an act.
Proof of Residence Required of Certain Voters
Under current law, effective January 1, 2006, a person, other than a military
elector or an overseas elector, who registers to vote by mail and who has not previously
voted in an election for national office in Wisconsin must provide identification, as
specified by law, before being allowed to vote at an election for national office. A person
who is required to provide identification before voting but who fails to do so may cast a
provisional ballot which may be counted if the person subsequently presents
identification before 4 p.m. on the day after the election.
The bill creates a proof of residence requirement applicable to all persons other
than military or overseas electors who register to vote by mail and have not voted in an
election in this state.
Election Threats
Current law, in s. 12.09 of the statutes, prevents the making of various election
threats. Violations of that section are punishable as a Class I felony (a fine not to exceed
$10,000 or imprisonment not to exceed 3 years and 6 months, or both).
Presently, s. 12.09, stats., is drafted as one paragraph consisting of 3 distinct
components, each of which prohibits different conduct. The provision reads as follows:
No person may personally or through an agent make use of or threaten to make use
of force, violence or restraint in order to induce or compel any person to vote or refrain from
voting at an election; or, by abduction, duress or any fraudulent device or contrivance,
impede or prevent the free exercise of the franchise at an election; or by any act compel,
induce or prevail upon an elector either to vote or refrain from voting at any election for
or against a particular candidate or referendum.
The bill, in order to improve the readability of the provision, repeals the provision
and recreates it with 3 distinct subsections. The bill makes no substantive changes to the
law and violations would still be subject to the same penalties as provided under current
law.
Prohibition on Certain Election-Related Material
Current law defines "electioneering" as any activity which is intended to influence
voting at an election. Under current law, "electioneering" is prohibited at or near the
entrances to polling places on election day. Specifically, the law prohibits an election
official from engaging in "electioneering" on election day. In addition, the law prohibits
any person from engaging in "electioneering" during polling hours on any public property
on election day within 100 feet of an entrance to a building containing a polling place.
This restriction, though, does not apply to the placement of any material on the bumper
of a motor vehicle that is located on such property on election day. A municipal clerk, poll
worker, or law enforcement officer is authorized to remove posters or other advertising
that violates the prohibitions on "electioneering".
Persons who violate the above prohibitions on electioneering may be fined not more
than $1,000, or imprisoned for not more than six months, or both. In addition, any
election official who is convicted of violating the electioneering prohibitions is disqualified
from acting as an election official for a term of five years from the time of the conviction.
The bill modifies the statutory language regarding "electioneering" to provide that
the prohibition on electioneering also applies to electioneering at a polling place.
In addition, the bill prohibits the posting or distribution of election-related
material during polling hours on any public property on election day at a polling place or
within 100 feet of an entrance to a building containing a polling place. Similarly, the bill
prohibits such conduct in relation to the municipal clerk's office or an alternate absentee
ballot site during hours that absentee ballots may be cast therein. For purposes of the
bill, "election-related material" means any written matter which describes, or purports
to describe, the rights or responsibilities of individuals voting or registering to vote at a
polling place or voting by absentee ballot. The prohibition would not apply to material
posted or distributed by the municipal clerk or other election officials or to a bumper
sticker on a motor vehicle. The bill authorizes a municipal clerk, election inspector, or law
enforcement officer to remove or confiscate unauthorized election-related material.
Finally, the bill provides that a violation of the election-related material prohibition is
punishable by a forfeiture not to exceed $100.
Map of Area Served by Polling Place
The bill requires that the municipal clerk or board of election commissioners in
municipalities with multiple polling places to prominently post at each polling place a
map of the geographic area served by each polling place for that election. The map must
display the boundaries of the ward or wards served by the polling place for that election.
Lists of Felons Ineligible to Vote
Under current law, 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.
The 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 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 elections 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
name appears 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.
Finally, the bill requires DOC to create a form for notifying individuals of their
ineligibility to vote. When an inmate who is disqualified from voting is released on parole
or extended supervision, the DOC must use the form to notify the person that he or she
may not vote until his or her civil rights are restored. The person and a witness must sign
the form. The same procedure must be followed for each probationer, and by the court
every time it imposes a sentence or places a defendant on probation for a conviction that
disqualifies him or her from voting.
Additional Poll Worker: Greeter
Under current law, there must be at least 3 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.
The bill provides that each municipality may 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.
POST-ELECTION PROCEDURES
Time for Delivery of Election Material
Currently, by 2 p.m. on the day after an election, the municipal clerk must deliver
the ballots, statements, tally sheets, lists, and envelopes for the clerk's municipality
concerning any county, technical college district, state, or national election to the county
clerk. In addition, current law requires the municipal clerk to arrange for delivery of
these materials concerning a school district election to the school district clerk, but does
not specify a time by which that delivery must take place. The bill sets the deadline for
delivery of these materials at 4 p.m. on the day after an election.
Post-Election Inspectors' Statements
Under current law, after ballots have been counted and votes recorded at the
polling place on appropriate tally sheets, inspectors' statements must be completed in
duplicate, and all materials secured and routed to the appropriate clerk. The bill deletes
the requirement that inspectors' statements be completed in duplicate. Instead, under
the bill, the municipal clerk must make copies of the inspectors' statement for delivery
to the county or school district clerk, or both. The municipal clerk must retain the original
statement.
County and Municipal Clerk Serving on Board of Canvassers
Generally, under current law, the municipal and county board of canvassers is
composed of the municipal or county clerk and 2 appointed members. No person may
serve on the board if he or she is a candidate at an election to be canvassed. The bill allows
the county and municipal clerk to continue to serve on the respective board of canvassers
if the clerk is a candidate as long as he or she has no opponent on the ballot, or, in the event
of a recount, the office the clerk is seeking is not a subject of the recount.
Grounds for Recall of Certain Local Elective Offices
Under current law, a petition for the recall of a city, village, town, or school district
officer, in addition to other requirements, must state a reason for the recall that is related
to the official responsibilities of the officer. Current law also provides for the removal of
elective village, town, and school district officers and certain elective city officers, for
cause, after notice and a hearing. Under current law, inefficiency, neglect of duty, official
misconduct, or malfeasance in office constitute cause for removal from office.
The bill requires a petition for the recall of a city, village, town, or school district
officer to contain a statement of the grounds that constitute each cause for the recall.
Under the bill, "cause" means official misconduct or malfeasance in office.
Retention of Unused Ballots After an Election
The bill provides that unused ballots from an election may not be discarded or
destroyed until at least the day after the latest day for the filing of a recount petition for
any office on the ballots. In addition, the bill authorizes the county clerk to store any such
unused ballots upon request of a municipal clerk of a municipality within the county and
authorizes the county clerk to destroy the ballots pursuant to provisions of the bill.
Recount Procedures
Under current law, the state elections board is required to prescribe standard
forms and procedures for the making of recounts. Additionally, when a recount is being
conducted, if the ballots are in readable form such that automatic tabulating equipment
may be used to count the ballots, the board of canvassers conducting the recount may
choose to recount the ballots without the aid of automatic tabulating equipment. If
automatic tabulating equipment is to be used, the equipment must be tested prior to the
recount.
The bill requires the procedures developed by the elections board to require boards
of canvassers in recounts involving more than one board of canvassers to consult with the
elections board staff prior to beginning any recount to ensure that uniform procedures are
used, to the extent practicable, in conducting such recounts.
In addition, the bill requires boards of canvassers to use automatic tabulating
equipment to recount ballots that are in machine-readable form. The bill provides,
however, that a candidate, or elector if the recount is for a referendum question, may
petition the circuit court for an order requiring ballots in readable form to be counted by
hand or by another method approved by the court. The petition must be filed by the close
of business on the next business day after the last day for filing a petition for a recount.
To prevail, the petitioner must establish by clear and convincing evidence that due to an
irregularity, defect, or mistake committed during the voting or canvassing process the
results of a recount using automatic tabulating equipment will produce incorrect recount
results and that there is a substantial probability that recounting the ballots by hand or
another method will produce a more correct result and change the outcome of the election.
The court with whom the petition is filed must hear the matter as expeditiously as
possible, without a jury. Only if the court determines that the petitioner has made the
required showing may the court order a recount of the ballots by hand or other method.
The procedure created by the bill does not affect the ability of an aggrieved candidate or
elector under current law to appeal the outcome of a recount to circuit court upon
completion of the recount.
Post-Election Audits
The bill requires the elections board, by no later than December 31, 2006, to
prepare recommendations with regard to random post-election audits of local election
practices to be conducted in the fall of odd-numbered years. The recommendations must
include recommendations on how election practices in a given municipality may be
reviewed by election officials of other, similar-sized municipalities and how such audits
may be funded by the state. The recommendations must be submitted to the legislature.
Effective date
All changes to the law proposed by the bill take effect on July 1, 2006, or on the day
after publication, whichever is later.
SB612, s. 1
1Section
1. 5.02 (6m) of the statutes is repealed.
SB612, s. 2
2Section
2. 5.02 (16g) of the statutes is created to read:
SB612,17,53
5.02
(16g) "Qualified circulator" means a qualified elector of this state or any
4U.S. citizen age 18 or older who, if he or she were a resident of this state, would not
5be disqualified from voting under s. 6.03.
SB612, s. 3
6Section
3. 5.35 (6) (a) 4a. of the statutes is amended to read:
SB612,18,3
15.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
2identification proof of residence under s. 6.34 is required under s.
6.36 (2) (c) 2 6.55
3(2).
SB612, s. 4
4Section
4. 5.35 (6) (c) of the statutes is created to read:
SB612,18,95
5.35
(6) (c) At each polling place located in a municipality that is served by more
6than one polling place for an election, the municipal clerk or board of election
7commissioners shall prominently post a map of the geographic area served by the
8polling place for that election. The posting shall clearly show the boundaries of the
9ward or wards served by the polling place for that election.
SB612, s. 5
10Section
5. 5.68 (3m) of the statutes is created to read:
SB612,18,1411
5.68
(3m) The election administration council shall provide guidance to local
12units of government concerning the procurement of election apparatus, ballots,
13ballot forms, materials, and supplies for use in elections in this state to help ensure
14that competitive prices are obtained by those units of government.
SB612,19,717
5.90
(1) Except as otherwise provided in this subchapter, recounts of votes cast
18on an electronic voting system shall be conducted in the manner prescribed in s. 9.01.
19If Except as provided in sub. (2), if the ballots are distributed to the electors, the board
20of canvassers
may elect to shall recount the ballots
without the aid of with automatic
21tabulating equipment.
If the board of canvassers elects to use automatic tabulating
22equipment, the The board of canvassers shall test the automatic tabulating
23equipment to be used prior to the recount as provided in s. 5.84, and then the official
24ballots or the record of the votes cast shall be recounted on the automatic tabulating
25equipment. In addition, the board of canvassers shall check the ballots for the
1presence or absence of the initials and other distinguishing marks, shall examine the
2ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety
3of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate
4Damaged Ballots" with their respective originals to determine the correctness of the
5duplicates. If electronic voting machines are used, the board of canvassers shall
6perform the recount using the permanent paper record of the votes cast by each
7elector, as generated by the machines.
SB612, s. 7
8Section
7. 5.90 (2) and (3) of the statutes are created to read:
SB612,19,189
5.90
(2) Any candidate, or any elector when for a referendum, may, by the close
10of business on the next business day after the last day for filing a petition for a
11recount under s. 9.01, petition the circuit court for an order requiring ballots in
12readable form under sub. (1) to be counted by hand or by another method approved
13by the court. The petitioner in such an action bears the burden of establishing by
14clear and convincing evidence that due to an irregularity, defect, or mistake
15committed during the voting or canvassing process the results of a recount using
16automatic tabulating equipment will produce incorrect recount results and that
17there is a substantial probability that recounting the ballots by hand or another
18method will produce a more correct result and change the outcome of the election.
SB612,20,3
19(3) A court with whom a petition under sub. (2) is filed shall hear the matter
20as expeditiously as possible, without a jury. The court may order a recount of the
21ballots by hand or another method only if it determines that the petitioner has
22established by clear and convincing evidence that due to an irregularity, defect, or
23mistake committed during the voting or canvassing process the results of a recount
24using automatic tabulating equipment will produce incorrect recount results and
25that there is a substantial probability that recounting the ballots by hand or another
1method will produce a more correct result and change the outcome of the election.
2Nothing in this section affects the right of a candidate or elector aggrieved by the
3recount to appeal to circuit court under s. 9.01 (6) upon completion of the recount.
SB612, s. 8
4Section
8. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB612,20,145
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
6the municipal clerk shall require the elector to provide
acceptable proof of residence
7under s.
6.55 (7) 6.34. If the elector cannot provide
acceptable proof of residence, the
8elector may have his or her residence corroborated in a statement that is signed by
9another elector of the municipality and that contains the current street address of
10the corroborating elector. If the residence is corroborated by another elector, that
11elector shall then provide proof of residence under s.
6.55 (7) 6.34. The elector shall
12then mark the ballot in the clerk's presence in a manner that will not disclose his or
13her vote. The elector shall then fold the ballot so as to conceal his or her vote. The
14clerk or elector shall then place the ballot in an envelope furnished by the clerk.