LRB-3692/3
JTK:cs:jf
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Representatives Albers, Huebsch, J. Fitzgerald,
Rhoades, Hahn, Jeskewitz, Vos, Strachota, Owens, Townsend, Montgomery,
Nerison, Kaufert, Tauchen, Lothian, Ballweg, Hines, Van Roy, Musser,
Suder, Kestell, Mursau, LeMahieu, Gunderson, Nygren, Kerkman and
Pridemore. Referred to Committee on Elections and Constitutional Law.
AB904,1,10
1An Act to renumber and amend 6.34 (1) (a);
to amend 5.06 (1), 5.06 (3), 5.06
2(4), 5.06 (5), 5.06 (6), 6.22 (6), 6.221 (2), 6.36 (1) (a), 6.82 (2) (a), 6.865 (3m) (a),
36.87 (5), 6.875 (4) (b), 6.875 (6) (c) 1., 6.88 (3) (a), 6.88 (3) (b), 7.08 (3) (intro.),
47.15 (5), 7.15 (6) (a), 7.51 (2) (b), 7.51 (2) (c), 7.51 (2) (d), 7.51 (2) (e), 7.51 (5) (b),
57.52 (3) (a), 7.52 (3) (b), 7.52 (4) (b), 7.52 (4) (c), 7.52 (4) (d), 7.52 (4) (e), 7.60 (1),
69.01 (1) (b) (intro.), 9.01 (1) (b) 2., 9.01 (1) (b) 4. a. and b., 9.01 (1) (b) 4. c., 9.01
7(1) (b) 4. d., 9.01 (1) (b) 4. e., 9.01 (1) (b) 5., 9.01 (5) (a), 10.02 (3) (g), 12.13 (3)
8(j) and 12.60 (1) (b); and
to create 5.02 (2m), 6.275 (3), 6.79 (2) (f), 7.30 (2) (d),
99.01 (1) (at), 12.13 (2) (b) 9., 12.13 (2) (c) and 12.13 (4) of the statutes;
relating
10to: administration of elections and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes various changes in laws relating to elections administration.
The changes include:
1. Currently, all election officials are required to comply with the election laws
and valid administrative rules promulgated by the Government Accountability
Board. This bill requires, in addition, that all officials comply with valid applicable
requirements of the election manual that is published by the Government
Accountability Board. The bill further provides that if a municipal clerk is found to
have violated the election laws or any applicable requirement of the election manual
or is restrained from violating the laws or applicable requirement of the manual, the
clerk may not participate in assisting a municipal board of canvassers in conducting
a recount. The bill instead provides that the clerk's appointing authority shall
designate the municipal clerk of another municipality to assist the board of
canvassers with the recount. The bill also provides that if an individual who serves
as a poll worker is found to have committed any such violation or is restrained from
any such violation, the individual may not serve again until the municipal clerk or
executive director of the board of election commissioners of the municipality where
the individual serves certifies that the individual has successfully completed a
training program. In addition, the bill provides that no individual may serve as a poll
worker if a complaint against the individual is pending before the Government
Accountability Board or during the pendency of an appeal of a decision of the board
relating to the individual.
2. Currently, when the number of ballots cast in a ward or election district
exceeds the number of voting electors indicated on the poll list, the board of
canvassers lays aside blank ballots. The board of canvassers then lays aside any
ballots not bearing the required initials of the municipal clerk or executive director
of the board of election commissioners or their deputies or the initials of the
inspectors (poll workers). If there is an excess number of absentee ballots, the board
of canvassers draws out a number of absentee ballots equal to the excess number,
and, if there is an excess number of nonabsentee ballots, the board of canvassers
draws out a number of nonabsentee ballots equal to the excess number. The board
of canvassers then counts only the remaining ballots. This bill provides that the
board of canvassers must exclude any marked ballot cast by any of the following
electors from this process: 1) a member of a uniformed service on active duty who,
by reason of that duty, is absent from the residence where the member is otherwise
qualified to vote; or 2) a member of the merchant marine who, by reason of service
in the merchant marine, is absent from the residence where the member is otherwise
qualified to vote.
3. Currently, an absentee ballot must have the initials of the municipal clerk
or executive director of the city board of election commissioners by whom the ballot
is issued or the initials of a deputy clerk or a deputy appointed by the executive
director written on the back before the ballot is cast. The statutes also provide that
the election laws shall be construed to give effect to the will of the electors, if that will
is ascertainable, notwithstanding any informality or failure to comply with the law.
This bill provides that in no case may an absentee ballot that does not bear the
required initials be counted.
4. Currently, each ballot that is distributed to electors has a space on the back
for the initials of the two inspectors (poll workers) who give the ballot to an elector
who qualifies to cast the ballot. This bill provides specifically that these inspectors
shall initial the ballot when it is given to the elector who casts it and may not initial
any ballots before that time.
5. Currently, an elector who has difficulty in voting because of a disability or
inability to read, write, or understand English may request the assistance of any
individual of his or her choice in voting his or her ballot, except the elector's employer
or an agent of that employer or an officer or agent of the elector's labor organization.
The assistance may be provided either at a polling place or at a site where an
absentee ballot is cast. This bill precludes an elector from obtaining the assistance
of a municipal clerk or deputy clerk, or the executive director of a city board of
election commissioners or a deputy designated by the executive director. Violators
are guilty of a misdemeanor and may be fined not more than $1,000 or imprisoned
for not more than six months, or both.
6. Currently, an elector who resides in a nursing home or in a community-based
residential facility or retirement home meeting certain standards may vote in the
home or facility with the assistance of two special voting deputies who are dispatched
by the municipal clerk or board of election commissioners. Currently, election
inspectors (poll workers) are prohibited from advising or suggesting how any ballot
should be voted. This bill prohibits any individual who renders assistance at a
polling place or absentee balloting site, as well as any deputy who renders assistance
at a nursing or retirement home or a community-based residential facility, from
advising an elector to vote for or against any candidate. Any person who violates the
prohibition is 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. The bill also precludes any
individual who has assisted with the campaign of any candidate at an election from
serving as a special voting deputy at the election at which that candidate's name
appears on the ballot.
7. Currently, where ballots are distributed to electors at an election, each
municipal clerk and board of election commissioners must keep a record of when and
in what condition ballots are received from the county clerk and must deliver
unopened packages of ballots to the election inspectors (poll workers) at each polling
place. This bill provides that each municipal clerk and board of election
commissioners must count and record the number of ballots delivered from the
county clerk or, if the municipality prepares its own ballots, from the ballot supplier
for each election. The bill also directs each municipal clerk and board of election
commissioners to keep a record of the number of ballots used as absentee ballots, the
number of ballots delivered to each polling place before each election, and the
number of voted, spoiled, and unused ballots returned to the clerk or board from each
polling place after each election. In addition, the bill directs each municipal clerk and
board of election commissioners to report to the Government Accountability Board
after each election the number of ballots delivered to the clerk or board, the number
of substitute ballots printed by the clerk or board, if any, the number of ballots cast,
the number of ballots spoiled, and the number of unused ballots returned to the clerk
or board. Finally, the bill also requires each municipal clerk and board of election
commissioners to secure access to all unused ballots.
8. Currently, each municipal clerk or board of election commissioners must
deliver all ballots, statements, tally sheets, lists, and envelopes relating to each
technical college, county, state, or national election to the county clerk or board of
election commissioners no later than 4 p.m. on the day after each election. The
county clerk or board of election commissioners must retain them until destruction
is permitted by law. This bill provides that the municipal clerk or executive director
of the board of election commissioners or a deputy under direction of the clerk or
executive director must personally deliver the ballots and other materials to the
county clerk or board of election commissioners. The bill also requires the county
clerk or board of election commissioners to keep the clerk's or board's office open on
the day after each election until all ballots, statements, tally sheets, lists, and
envelopes relating to the election have been received.
9. Currently, if an absentee ballot is open or has been opened or resealed, the
ballot is not counted. This bill provides that this procedure also applies to ballots
enclosed in unsealed envelopes. Currently, if an absentee ballot is recounted, it is
discounted only if it is not witnessed, it is not signed by the voter, or if the certificate
accompanying the ballot is missing. This bill provides, in addition, that an absentee
ballot shall not be counted in a recount if the absentee ballot envelope was open or
unsealed when it was received by the inspectors.
10. Currently, if there are insufficient ballots printed to serve the number of
qualified electors who wish to vote, the municipal clerk or board of election
commissioners of the municipality where the shortage occurs must provide sufficient
substitute ballots to meet demand. This bill provides no election official may
duplicate a ballot that bears the initials of an election inspector. Violators are guilty
of a misdemeanor and may be fined not more than $1,000 or imprisoned for not more
than six months, or both
11. Currently, the Government Accountability Board is directed to prepare and
publish an election manual for the use of election officials in interpreting and
implementing the election laws. This bill provides that each step performed by a
board of canvassers in conducting a recount must be consistent with applicable law
and applicable requirements of the manual.
12. Currently, when a board of canvassers or the chairperson of the
Government Accountability Board or its designee conducts a recount, the board or
chairperson or designee is directed to keep minutes of the proceedings before the
board or the chairperson or designee. This bill requires the minutes to include a
description of each step in the recount process that is performed by the board or the
chairperson or designee and the findings of the board or the chairperson or designee
with respect to each step performed by the board or the chairperson or designee
during the recount process, if any. The bill also provides that the board of canvassers
may take testimony and may question an elector concerning the process of voting or
assistance provided to the elector, but shall not question an elector as to which
candidates or questions the elector voted for or against. Any person who violates the
prohibition is guilty of a misdemeanor and may be fined not more than $1,000 or
imprisoned for not more than six months, or both, and for a 2nd or subsequent offense
occurring within five years, the person is 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB904, s. 1
1Section
1. 5.02 (2m) of the statutes is created to read:
AB904,5,32
5.02
(2m) "Deputy clerk" includes a deputy who is appointed by the executive
3director of a board of election commissioners.
AB904, s. 2
4Section
2. 5.06 (1) of the statutes is amended to read:
AB904,6,25
5.06
(1) Whenever any elector of a jurisdiction or district served by an election
6official believes that a decision or action of the official or the failure of the official to
7act with respect to any matter concerning nominations, qualifications of candidates,
8voting qualifications, including residence, ward division and numbering, recall,
9ballot preparation, election administration or conduct of elections is contrary to law
10or to any applicable requirement of the election manual published under s. 7.08 (3),
11or the official has abused the discretion vested in him or her by law with respect to
12any such matter, the elector may file a written sworn complaint with the board
13requesting that the official be required to conform his or her conduct to the law
or to
14any applicable requirement of the manual, be restrained from taking any action
15inconsistent with the law
or any applicable requirement of the manual or be required
16to correct any action or decision inconsistent with the law
or an applicable
17requirement of the manual or any abuse of the discretion vested in him or her by law.
18The complaint shall set forth such facts as are within the knowledge of the
19complainant to show probable cause to believe that a violation of
a law
or an
20applicable requirement of the manual or
an abuse of discretion has occurred or will
21occur. The complaint may be accompanied by relevant supporting documents. The
1board may conduct a hearing on the matter in the manner prescribed for treatment
2of contested cases under ch. 227 if it believes such action to be appropriate.
AB904, s. 3
3Section
3. 5.06 (3) of the statutes is amended to read:
AB904,6,84
5.06
(3) A complaint under this section shall be filed promptly so as not to
5prejudice the rights of any other party. In no case may a complaint relating to
6nominations, qualifications of candidates or ballot preparation be filed later than 10
7days after the complainant knew or should have known that a violation
of law or
8abuse of discretion occurred or was proposed to occur.
AB904, s. 4
9Section
4. 5.06 (4) of the statutes is amended to read:
AB904,6,1610
5.06
(4) The board may, on its own motion, investigate and determine whether
11any election official, with respect to any matter concerning nominations,
12qualifications of candidates, voting qualifications, including residence, ward
13division and numbering, recall, ballot preparation, election administration or
14conduct of elections, has failed to comply with the law
or any applicable requirement
15of the election manual published under s. 7.08 (3) or abused the discretion vested in
16him or her by law or proposes to do so.
AB904, s. 5
17Section
5. 5.06 (5) of the statutes is amended to read:
AB904,6,2418
5.06
(5) Upon receipt of a complaint under sub. (1), or upon its own motion, the
19board may order any election official to immediately transfer to its possession any
20original documents in the custody of the official which the board finds to be necessary
21and relevant to permit review of compliance with the laws
and the applicable
22requirements of the election manual published under s. 7.08 (3) concerning
23nominations, qualifications of candidates, ward division and numbering, recall or
24ballot preparation or the proper administration of such laws.
AB904, s. 6
25Section
6. 5.06 (6) of the statutes is amended to read:
AB904,7,9
15.06
(6) The board may, after such investigation as it deems appropriate,
2summarily decide the matter before it and, by order, require any election official to
3conform his or her conduct to the law
and applicable requirements of the election
4manual published under s. 7.08 (3), restrain an official from taking any action
5inconsistent with the law
or the applicable requirements of the manual or require
6an official to correct any action or decision inconsistent with the law
or an applicable
7requirement of the manual. The board shall immediately transmit a copy of the order
8to the official. An order issued under this subsection is effective immediately or at
9such later time as may be specified in the order.
AB904, s. 7
10Section
7. 6.22 (6) of the statutes is amended to read:
AB904,7,2311
6.22
(6) Military elector list. Each municipal clerk shall keep an up-to-date
12list of all eligible military electors who reside in the municipality; city clerks shall
13keep the lists by wards. The list shall contain the name, latest-known military
14residence and military mailing address of each military elector. The list shall
15indicate whether each elector whose name appears on the list is a military elector,
16as defined in s.
6.36 (2) (c) 6.34 (1) (a), and whether the military elector qualifies
17under s. 6.34 (1) (a) 1., 2., or 3., and has so certified under s. 6.865 (3m). All persons
18over 18 years of age or who will be 18 years old prior to an election shall be listed and
19remain on the list for the duration of their tour of duty. The list shall be kept current
20through all possible means. Each clerk shall exercise reasonable care to avoid
21duplication of names or listing anyone who is not eligible to vote. Each clerk shall
22distribute 2 copies of the list to the appropriate ward in the municipality for use on
23election day.
AB904, s. 8
24Section
8. 6.221 (2) of the statutes is amended to read:
AB904,8,5
16.221
(2) Each certificate envelope that is mailed or transmitted to a military
2elector
under this section shall be clearly labeled as "Cast by a military elector under
3s. 6.221, Wis. Stats., and may be eligible to be counted after election day".
The
4certificate envelope shall also indicate whether the military elector qualifies under
5s. 6.34 (1) (a) 1., 2., or 3.
AB904, s. 9
6Section
9. 6.275 (3) of the statutes is created to read:
AB904,8,147
6.275
(3) Within 30 days after each primary and other election, including any
8special election, that is held in a municipality in which ballots are distributed to
9electors, the municipal clerk or board of election commissioners shall make a written
10statement to the board specifying the number of ballots delivered to the clerk or
11board of election commissioners, the number of substitute ballots printed by the clerk
12or board of election commissioners, if any, the number of ballots cast, the number of
13ballots spoiled, and the number of unused ballots returned to the clerk or board of
14election commissioners.
AB904, s. 10
15Section
10. 6.34 (1) (a) of the statutes is renumbered 6.34 (1) (a) (intro.) and
16amended to read:
AB904,8,1717
6.34
(1) (a) (intro.) "Military elector" means
a any of the following:
AB904,8,19
181. A member of a uniformed service on active duty who, by reason of that duty,
19is absent from the residence where the member is otherwise qualified to vote
; a.
AB904,8,22
202. A member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason
21of service in the merchant marine, is absent from the residence where the member
22is otherwise qualified to vote
; or the.
AB904,8,25
233. The spouse or dependent of any such member who, by reason of the duty or
24service of the member, is absent from the residence where the spouse or dependent
25is otherwise qualified to vote.
AB904, s. 11
1Section
11. 6.36 (1) (a) of the statutes is amended to read:
AB904,9,182
6.36
(1) (a) The board shall compile and maintain electronically an official
3registration list. The list shall contain the name and address of each registered
4elector in the state, the date of birth of the elector, the ward and aldermanic district
5of the elector, if any, and, for each elector, a unique registration identification number
6assigned by the board, the number of a valid operator's license issued to the elector
7under ch. 343, if any, or the last 4 digits of the elector's social security account
8number, if any, any identification serial number issued to the elector under s. 6.47
9(3), the date of any election in which the elector votes, an indication of whether the
10elector is a military elector, as defined in
sub. (2) (c) s. 6.34 (1) (a), who has so certified
11under s. 6.865 (3m),
and whether the elector qualifies as such under s. 6.34 (1) (a) 1.,
122., or 3., an indication of whether the elector is an overseas elector, as defined in s.
136.24 (1), any information relating to the elector that appears on the current list
14transmitted to the board by the department of corrections under s.
301.03 (20) 301.03
15(20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit
16voting by the elector, an indication of the method by which the elector's registration
17form was received, and such other information as may be determined by the board
18to facilitate administration of elector registration requirements.
AB904, s. 12
19Section
12. 6.79 (2) (f) of the statutes is created to read:
AB904,9,2420
6.79
(2) (f) Upon providing an elector with a slip under par. (e), 2 inspectors
21shall place their initials on a blank ballot designated for the ward or election district
22where the elector resides and one of them shall give the ballot to the elector. No
23inspector may place his or her initials on a ballot prior to the time that the ballot is
24given to the elector who casts the ballot.
AB904, s. 13
25Section
13. 6.82 (2) (a) of the statutes is amended to read:
AB904,10,13
16.82
(2) (a) If an elector declares to the presiding election official that he or she
2cannot read or write, or has difficulty in reading, writing or understanding English
3or that due to disability is unable to mark a ballot or depress a button or lever on a
4voting machine, the elector shall be informed by the officials that he or she may have
5assistance. When assistance is requested, the elector may select any individual
6other than a municipal clerk or deputy clerk to assist in casting his or her vote. The
7selected individual rendering assistance may not be the elector's employer or an
8agent of that employer or an officer or agent of a labor organization which represents
9the elector.
The selected individual shall not advise the elector to vote for or against
10any candidate. For purposes of this paragraph, advice includes any gesture or other
11visual or verbal indication of a preferred candidate. The selected individual shall
12certify on the back of the ballot that it was marked with his or her assistance. Where
13voting machines are used, certification shall be made on the registration list.
AB904, s. 14
14Section
14. 6.865 (3m) (a) of the statutes is amended to read:
AB904,11,215
6.865
(3m) (a) Except as provided in par. (c), if any elector who certifies that
16he or she will be a military elector on election day requests an absentee ballot, the
17municipal clerk shall send or transmit to the elector an absentee ballot for all
18elections that occur in the municipality or portion thereof where the elector resides
19beginning on the date that the clerk receives the request and ending on the day after
20the 3rd successive general election that follows receipt of the request, unless the
21elector otherwise requests. In addition, the municipal clerk shall continue to send
22or transmit to the elector an absentee ballot for all elections ending on the day after
23the 3rd successive general election that follows any election at which the elector
24returns an absentee ballot under this section or renews his or her request under par.
1(c).
A military elector who makes a certification under this paragraph shall indicate
2whether the elector qualifies as a military elector under s. 6.34 (1) (a) 1., 2., or 3.
AB904, s. 15
3Section
15. 6.87 (5) of the statutes is amended to read:
AB904,11,134
6.87
(5) If the absent elector declares that he or she is unable to read, has
5difficulty in reading, writing or understanding English or due to disability is unable
6to mark his or her ballot, the elector may select any individual, except
a municipal
7clerk or a deputy clerk, the elector's employer or an agent of that employer
, or an
8officer or agent of a labor organization which represents the elector, to assist in
9marking the ballot, and the assistant shall then sign his or her name to a certification
10on the back of the ballot, as provided under s. 5.55.
The selected individual shall not
11advise the absent elector to vote for or against any candidate. For purposes of this
12subsection, advice includes any gesture or other visual or verbal indication of a
13preferred candidate.