LRBs0392/1
JTK&ARG:cjs/kjf/bjk/nwn/jld:rs
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 895
April 6, 2010 - Offered by Representative Smith.
AB895-ASA1,3,2
1An Act to repeal 6.86 (2), 6.865 (3) and 6.865 (3m) (c);
to renumber 5.07;
to
2renumber and amend 6.86 (2m), 7.52 (5), 7.52 (6) (a) and 7.52 (6) (b);
to
3consolidate, renumber and amend 6.25 (4) (intro.), (a) and (b);
to amend
45.05 (1) (e), 5.05 (1) (f), 5.05 (13) (title), 5.056, 5.06 (2), 5.25 (4) (b), 5.35 (6) (a)
5(intro.), 5.35 (6) (a) 5., 5.35 (6) (b), 5.35 (6) (c), 5.84 (1), 6.22 (4) (a), 6.22 (4) (e),
66.22 (6), 6.221 (1), 6.221 (3) (b), 6.24 (3), 6.24 (4) (c), 6.25 (1), 6.275 (1) (b), 6.275
7(1) (c), 6.275 (1) (d), 6.28 (1), 6.28 (4), 6.29 (1), 6.29 (2) (a), 6.29 (2) (b), 6.29 (2)
8(d), 6.30 (1), 6.32 (1), 6.33 (1), 6.33 (2) (a), 6.33 (5) (a), 6.34 (2), 6.34 (3) (a) 7., 6.34
9(3) (b) (intro.), 6.35 (1) (intro.), 6.36 (1) (a), 6.36 (1) (b) 1. a., 6.36 (2) (a), 6.36 (2)
10(c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (10), 6.54, 6.55 (title), 6.55 (2) (a) 1., 6.55 (2)
11(b), 6.55 (2) (c) 1. and 2., 6.55 (2) (cs), 6.55 (5), 6.79 (4), 6.855 (title), 6.855 (1),
126.855 (2), 6.86 (1) (a) (intro.), 6.86 (1) (a) 3., 6.86 (1) (ac), 6.86 (1) (b), 6.86 (1) (b),
136.86 (1) (c), 6.86 (3) (a), 6.86 (3) (c), 6.865 (title), 6.865 (3m) (a), 6.865 (3m) (b),
16.869, 6.87 (2) (intro.), 6.87 (3) (d), 6.87 (4), 6.87 (9), 6.875 (3), 6.875 (4) (a), 6.875
2(4) (b), 6.875 (6) (c) 1., 6.88 (3) (b), 6.88 (3) (c), 6.925, 6.93, 7.08 (1) (c), 7.15 (1)
3(cm), 7.15 (1) (j), 7.15 (2m), 7.15 (4), 7.30 (2) (a), 7.30 (2) (am), 7.30 (2) (b), 7.41
4(4), 7.51 (3) (d), 7.52 (1) (b), 7.52 (3) (b), 7.52 (4) (i), 9.01 (1) (b) 2., 10.01 (2) (e),
512.09 (1) and (3), 12.13 (1) (b), 12.13 (1) (c), 12.13 (1) (d), 12.13 (2) (b) 3., 12.60
6(1) (a), 12.60 (4), 20.511 (1) (b), 85.61 (1), 939.50 (3) (d) and 939.50 (3) (e);
to
7repeal and recreate 6.86 (1) (a) 3.; and
to create 5.05 (13) (c) and (d), 5.05 (16),
85.05 (17), 5.07 (2), 5.25 (4) (c), 5.34, 5.35 (6) (a) 4c., 5.35 (6) (d), 5.68 (8), 6.22 (2)
9(e), 6.24 (4) (e), 6.256, 6.29 (2) (e), 6.30 (5), 6.34 (2m), 6.34 (2n), 6.34 (3) (d), 6.34
10(4), 6.35 (2), 6.36 (1) (bm), 6.86 (1) (ab), 6.86 (1) (ad), 6.86 (3) (d), 6.868, 6.87 (2m),
117.08 (1) (cm), 7.08 (3) (d) to (g), 7.08 (12), 7.08 (13), 7.10 (11), 7.15 (15), 12.17,
1212.19, 12.60 (1) (am), 12.60 (1) (an), 12.60 (1) (ap), 12.60 (1) (bn), 19.685 and
13343.14 (2p) of the statutes;
relating to: voter registration; transfer of voter
14registration information to certain state and private entities; absentee voting;
15residency of election officials; testing of automatic tabulating equipment; use
16of powers of attorney by electors; deceptive election practices; voter
17intimidation, suppression, and protection; election information provided to
18electors at polling places; prosecution of civil prohibited election practice
19offenses; challenging the ballots of electors at polling places; proof of residence
20for registration and voting purposes; public access to certain information
21voluntarily provided by electors; review of certain expenditures of the
22Government Accountability Board by the Joint Committee on Finance;
1granting rule-making authority; providing penalties; and making an
2appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment makes various changes in laws relating to elections
and voting. Significant provisions include:
Voter registration
Currently, with the exception of individuals who are defined as "military
electors" under state law and new or former residents voting for president and vice
president, all eligible electors of this state must register in order to vote in an election
in this state. The registration period for each election ends on the 20th day before
that election, but an eligible elector may register to vote in an election after that date
at the office of the municipal clerk or board of election commissioners of the
municipality where he or she resides or at the polling place serving his or her
residence by providing specified proof of residence. In order to register, an individual
must provide his or her name, residence location, citizenship, date of birth, age, and
the number of a valid Wisconsin driver's license or the last four digits of his or her
social security number. An individual must also affirm that he or she: 1) has resided
in his or her ward (or municipality if not divided into wards) for at least ten days; 2)
has not been convicted of a felony for which he or she has not been pardoned and has
not completed his or her sentence; 3) is not disqualified on any other ground from
voting; and 4) is not registered to vote at any other location. The burden is on the
elector to initiate registration and, if the elector's name, address, or eligibility
changes, to initiate any change in registration required to maintain a valid
registration.
This substitute amendment makes it the responsibility of the Government
Accountability Board (GAB) to use all feasible means to facilitate the registration of
all eligible electors of this state who are subject to a registration requirement and the
maintenance of the registration of all eligible electors for so long as they remain
eligible, except as the law specifically requires electors to take some action to confirm
or continue their registrations. Under the substitute amendment, GAB must
attempt to facilitate the initial registration of all eligible electors in accordance with
the substitute amendment's requirements and procedures no later than July 1, 2015.
To assist with its responsibility, the substitute amendment directs GAB and the
Department of Transportation (DOT) to enter into an agreement for the purpose of
transferring specified personally identifiable information in DOT's records to GAB.
The substitute amendment requires GAB to maintain the confidentiality of any
information that GAB obtains under the agreement and allows a driver's license or
identification card applicant to "opt out" of DOT's transfer of this information to
GAB. Under the substitute amendment, once GAB obtains all the information
required under current law to complete an elector's registration, GAB adds the
elector's name to the statewide registration list. The information then becomes
accessible on the Internet. No registration of an elector that is added to the list by
GAB is valid until the elector confirms with GAB, on a form prescribed by GAB, that
all the information pertaining to his or her registration is correct and accurate as of
the date of the confirmation. The substitute amendment permits an elector to
confirm a registration by any of the following means: 1) by electronic means on the
Internet using a secure procedure prescribed by GAB; 2) by mail; or 3) by appearing
in person at the office of the municipal clerk or board of election commissioners where
the elector resides or at the polling place serving the elector's residence. Under the
substitute amendment, if an elector does not confirm a registration that has been
entered on his or her behalf by GAB, GAB may contact the elector in the manner
determined by GAB to obtain confirmation or any necessary correction to the
elector's registration. If the elector does not confirm a registration within 60 days
of the date that it is entered on the registration list by GAB, GAB must contact the
elector to obtain confirmation or any necessary correction. The substitute
amendment also permits an individual whose name is added to the registration list
by GAB or who wishes to permanently exclude his or her name from the list to file
a request to have his or her name deleted or excluded from the list or to revoke a
deletion or exclusion request previously made. A deletion or exclusion request or
revocation of a deletion or exclusion request may be made in the manner prescribed
by GAB. In addition, the substitute amendment directs GAB to notify an individual
by first class postcard whenever GAB removes his or her name from the registration
list or changes his or her status on the list from eligible to ineligible, other than by
request of the elector, except when GAB removes a duplicate entry from the list or
changes the name of a deceased person from eligible to ineligible status.
Currently, if an elector is eligible to vote and is not registered to vote, the elector
may register to vote and vote at the polling place serving his or her residence on
election day by providing proof of residence or by having another elector of the
municipality where the polling place is located corroborate his or her registration
information. This substitute amendment permits an elector whose registration has
been entered on the registration list by GAB to confirm his or her registration and
vote on election day at the same polling place in the same manner as currently
provided for original registration.
Currently, a qualified elector may register to vote at any election by mail or by
completing a registration form with a special registration deputy no later than the
20th day before the election. A qualified elector may also register to vote at an
election in person at the office of the municipal clerk or board of election
commissioners for the municipality where the elector resides no later than 5 p.m. on
the day before the election. In order to register, an elector must provide his or her
name and address and certain other information required to ascertain his or her
eligibility and must sign the form. With certain exceptions, an elector who registers
after the 20th day before an election or an elector who registers by mail and who has
not voted before in an election in this state must provide proof of residence prior to
voting.
This substitute amendment permits a qualified elector who has a current and
valid driver's license or identification card issued by DOT to register to vote at an
election electronically on a secure Internet site maintained by GAB. The substitute
amendment requires an electronic registration to be completed no later than the
20th day before an election in order to be valid for that election. Under the substitute
amendment, GAB prescribes, by rule, the manner and method of electronic
application, together with requirements for affirmation and verification of elector
information and the method for receipt of electronic application forms. There is no
requirement for a signature. The substitute amendment also permits an elector who
is currently registered to vote and who has a current and valid driver's license or
identification card to electronically enter a change of name or address using a similar
procedure. Under the substitute amendment, an electronic registration is treated
the same as a mail registration. The clerk or board of election commissioners of the
elector's municipality of residence must verify the registration by sending a
first-class letter or postcard to the registrant at the registrant's address and, if the
registrant is voting for the first time in an election in this state, the registrant must
provide proof of residence before voting in the election. However, the substitute
amendment also provides that if an elector who registers electronically provides his
or her Wisconsin driver's license number, together with his or her name and date of
birth, and GAB is able to instantly verify the information electronically by
electronically accessing records of DOT, the elector need not provide proof of
residence prior to voting. The substitute amendment directs GAB and DOT to enter
into an agreement that permits GAB to verify the necessary information instantly
by accessing DOT's electronic files.
Currently, each municipal clerk and board of election commissioners must
maintain a file of voter registration forms for the electors of the municipality. This
substitute amendment provides that the clerk or board must maintain registrations
that are entered electronically in the manner prescribed by GAB, by rule.
Currently, with certain exceptions, if an elector registers to vote by mail and has
not voted in an election in this state, the elector must provide proof of residence prior
to voting. This substitute amendment extends this requirement to apply to an
elector whose registration is initiated by GAB but who has not confirmed his or her
registration and has not voted in an election in this state. The substitute amendment
also provides that if such an elector provides his or her Wisconsin driver's license
number or the last four digits of his or her social security number, together with his
or her name and date of birth, and GAB is able to instantly verify the information
electronically by electronically accessing records of DOT, the elector need not provide
proof of residence before voting.
Currently, in order to register to vote, an elector must provide his or her date
of birth. This information becomes a part of the statewide voter registration list.
Information on the registration list concerning the date of birth of an elector is not
open to public inspection. This substitute amendment limits this restriction only to
information concerning the birthday of an elector, thus permitting public access to
information concerning an elector's year of birth.
The substitute amendment directs GAB to report to the appropriate standing
committees of the legislature, no later than July 1, 2011, concerning its progress in
initially implementing the registration system created by the substitute
amendment. The report must contain an assessment of the feasibility and
desirability or integration of registration information with information maintained
by the departments of Health Services, Children and Families, Workforce
Development, Revenue, Regulation and Licensing, and Natural Resources, the
University of Wisconsin System and the State Technical College System Board as
well as with the the technical colleges in each technical college district.
The substitute amendment also permits GAB to enter into an agreement with
any state agency to enable matching of publicly available information in the records
of the agency with records of the board to facilitate administration of voter
registration by GAB. In addition, the substitute amendment permits GAB to enter
into an agreement with any nationally focused nonprofit organization to enable
matching of information in the records of that organization with publicly available
information in the records of GAB, as well as nonpublic information in the records
of GAB obtained from DOT, to facilitate administration of voter registration by GAB.
The agreement must require nondisclosure of any information obtained by GAB from
DOT.
Currently, information on the statewide voter registration list relating to the
date of birth, operator's license number, or social security number of an elector, the
confidential address of an elector who is subject to domestic abuse, sexual assault,
or stalking, or an accommodation required to assist a disabled elector is open to
inspection only by election officials and administrators. This substitute amendment
permits GAB to transfer any of this information to another state agency or authority
or to a subunit of the state government of another state except information obtained
from DOT. However, information obtained from DOT can be shared with a nationally
focused nonprofit organization if GAB enters into an agreement with such an
organization as described above. The substitute amendment also prohibits a state
agency or authority or officer or employee thereof from providing access to any
transferred information to a third party. Violators are subject to a forfeiture (civil
penalty) of not more than $500 for each violation.
Currently, municipal clerks and boards of election commissioners must update
changes in the voter registration list received on election day no later than 30 days
after the date of the election. This substitute amendment permits these changes to
be updated within 45 days after a general (November) election, and further permits
the legal counsel of GAB to permit a municipal clerk or board of election
commissioners, upon application, to update the registration list with changes
received on the date of the general election within 60 days after the date of the
election.
Currently, when an elector registers to vote in person at the office of the
municipal clerk or board of election commissioners after the close of registration for
an election, the clerk or board issues a registration certificate to the elector. This
substitute amendment provides that the clerk or board shall issue a registration
certificate only if the elector does not wish to cast an absentee ballot when
registering.
Absentee voting
This substitute amendment makes various changes in the laws pertaining to
absentee voting. Most of the changes relate to absentee voting by military and
overseas electors of this state. State law contains different definitions of the terms
"military elector" and "overseas elector." One set of definitions mirrors the
definitions found in federal law. Under federal law, a "military elector" includes 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; 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; and 3) the spouse
or dependent of any such member who, by reason of the duty or service of the member,
is absent from the residence where the person is otherwise qualified to vote. The
federal definition of "overseas elector" includes an elector who resides outside the
United States and who is qualified under federal law to vote in elections for national
office in this state because the elector last resided in this state immediately prior to
the elector's departure from the United States. The other set of definitions applies
for certain state purposes and includes all the persons who are included in the federal
definitions but also includes other persons. The state definition of the term "military
elector" includes 1) members of a uniformed service who are not on active duty or who
are not absent from their residences by reason of their service or both; 2) members
of the merchant marine who are not absent from their residences; 3) civilian
employees of the United States and civilians officially attached to a uniformed
service who are serving outside the United States; 4) Peace Corps volunteers; and
5) spouses and dependents of these persons who are residing with or accompanying
them. The state definition of "overseas elector" includes children of persons who
qualify as overseas electors under federal law who are U.S. citizens at least 18 years
of age, who are not disqualified from voting in this state, and who are not residents
of this state. Significant provisions relating to absentee voting include:
1. Currently, an individual who is a qualified elector of a municipality, other
than a "military elector" or an "overseas elector" as defined by state law, may file an
application with the municipal clerk or board of election commissioners of the
municipality where the individual resides requiring the clerk or board to send an
absentee ballot to the individual without further request for every succeeding
election held in the same calendar year in which the request is made, or until the
individual is no longer a qualified elector of the municipality or the individual
otherwise requests. Currently, an elector who is indefinitely confined may file a
single request to receive absentee ballots automatically for each election. If a
confined elector fails to cast an absentee ballot, the municipal clerk or board of
election commissioners notifies the elector that he or she will not receive absentee
ballots for subsequent elections unless the elector reapplies to receive ballots within
30 days of receiving the notice. Currently, an overseas elector, as defined by state law,
who requests an absentee ballot is sent an absentee ballot for all federal elections
that occur in the same calendar year as the year in which the request is made, unless
the elector otherwise requests. Current law directs municipal clerks and boards of
election commissioners to send military electors, as defined by state law, absentee
ballots for every election if they request a ballot for one election and to verify their
military status without the necessity of making additional application. The clerk or
board must discontinue sending absentee ballots to a military elector if the elector
so requests, the elector no longer qualifies as a military elector of the municipality,
or the elector fails to return at least one of the ballots sent to the elector within a
period that encompasses three successive general elections.
This substitute amendment directs a municipal clerk or board of election
commissioners to send an absentee ballot to an individual who is a qualified elector
of the municipality, other than a military elector or an overseas elector, as defined
by state law, and who files a valid application to receive an absentee ballot for every
election following receipt of the application until the individual no longer qualifies
to receive a ballot, the individual requests not to receive ballots, or the individual
fails to return absentee ballots that are mailed to the individual for two consecutive
elections. Under the substitute amendment, a municipal clerk or board of election
commissioners must attempt to notify any individual whose name is removed from
the list of electors who automatically receive absentee ballots unless the individual
requests that his or her name be removed. The individual may then request to
continue to receive absentee ballots if he or she is qualified to do so. The substitute
amendment also provides that an overseas elector, as defined by state law, who
requests an absentee ballot shall be sent an absentee ballot for all federal elections
that occur within the same year in which the ballot is requested or the subsequent
year. These changes do not affect the current procedure for sending absentee ballots
to military electors, as defined by state law.
2. Currently, all electors who cast an absentee ballot, whether by mail or in
person at the office of the municipal clerk or board of election commissioners, must
sign a certificate that is printed on the envelope into which they deposit their ballots.
The certificate certifies, subject to criminal penalties, that the elector meets specific
voting qualifications and personally voted the ballot secretly unless the elector
required assistance. The certificate must be witnessed by one adult U.S. citizen who
also signs the certificate and certifies subject to the same penalties that the elector's
statements are true, the ballot was voted as stated, and the witness did not solicit
or advise the elector in casting his or her votes. This substitute amendment provides
that for an elector voting an absentee ballot in person at the office of the municipal
clerk or board of election commissioners or an alternate site designated by a
municipality, GAB may prescribe an envelope to be used in place of the statutory
certificate envelope. No witness is required on such envelopes. The substitute
amendment requires GAB's envelope to include the words "Official Absentee Ballot,"
the name of the municipality, and a space for the issuing clerk or deputy clerk to
initial the envelope.
3. Currently, the governing body of a municipality may designate a single
alternate site for absentee voting in person by electors of the municipality. If
designated, this site serves in lieu of the office of the municipal clerk or board of
election commissioners as the site where absentee voting is conducted for the election
at which the designation is made.
This substitute amendment permits the governing body of a municipality to
designate more than one alternate site for absentee voting in person by electors of
the municipality. Under the substitute amendment, an alternate site may be used
for absentee voting in addition to or in lieu of use of the office of the municipal clerk
or board of election commissioners. The substitute amendment also directs a
municipality that designates an alternate site for absentee voting at an election to
notify GAB in writing of its designation.
4. Currently, an elector who wishes to cast an absentee ballot must file a
written, signed application, but the form of the application is not specified. This
substitute amendment provides that an elector who wishes to cast an absentee ballot
in person at the office of the municipal clerk or board of election commissioners or
at an alternate site must apply on a form prescribed by GAB.
5. Currently, the municipal clerk or board of election commissioners of a
municipality must begin distributing absentee ballots to electors who have
requested them no later than the 30th day before each September primary and
general election and no later than the 21st day before each other primary or election.
This substitute amendment retains this requirement but provides that the period for
absentee voting in person at the office of the clerk or board or an alternate site begins
on the 21st day before each election and ends on the day before each election.
6. Currently, an elector who requests an absentee ballot in person or by mail
must make written application and must sign the application. However, if an elector
requests an absentee ballot by electronic mail or facsimile transmission, the elector
need not file a written application but must enclose with his or her returned ballot
a copy of a request for an absentee ballot together with his or her original signature.
This substitute amendment deletes the requirement for electors who apply for an
absentee ballot by electronic mail or facsimile transmission to provide a request and
original signature when returning their ballots.
7. Under current law, any qualified absentee elector may request an absentee
ballot by means of electronic mail or facsimile transmission. If an elector so requests,
the elector must mail with his or her voted absentee ballot a copy of an absentee ballot
application containing his or her original signature. In addition, an absentee elector
may request that his or her absentee ballot be transmitted to him or her by electronic
mail or facsimile transmission and a municipal clerk or board of election
commissioners may transmit the ballot as requested. This substitute amendment
provides that the municipal clerk or board of election commissioners must transmit
the ballot if the clerk or board receives a valid request.
8. Current law permits a military or overseas elector, as defined in state law,
to cast a vote in any general election in which a federal office is to be filled by writing
in the name of a candidate on a blank absentee ballot form prescribed by the U.S.
government and returning the ballot to the appropriate municipal clerk or board of
election commissioners. This substitute amendment permits such a ballot to be cast
at any election, including any primary election, at which a federal office is to be filled.
9. This substitute amendment directs GAB, with the assistance of county and
municipal clerks and boards of election commissioners, to designate at least one
freely accessible means of electronic communication which shall be used to: 1) permit
a military or overseas elector, as defined by federal law, to request a voter registration
or absentee ballot application and to indicate whether he or she wishes to receive the
application electronically or by mail; and 2) permit a municipal clerk or board of
election commissioners to transmit an application to a military or overseas elector,
as defined by federal law, electronically or by mail, as requested by the elector,
together with related voting, balloting and election information. The substitute
amendment also directs GAB, with the assistance of county and municipal clerks and
boards of elections commissioners, to maintain a freely accessible system whereby
a military or overseas elector who casts an absentee ballot may ascertain whether
the ballot has been received by the appropriate municipal clerk or board. No similar
provisions exist currently.
10. Under current federal law, states are required to transmit absentee ballots
to military and overseas electors no later than 45 days before each federal election
at which the electors are entitled to vote, if the electors have requested their ballots
by that time. However, a state may request a hardship waiver from the federal
government, for a single election only, if the state's primary election date does not
permit compliance with this requirement and the state takes other actions to ensure
expeditious delivery of absentee ballots to military and overseas electors. This
substitute amendment directs GAB to report to the appropriate standing committees
of the legislature no later than January 1, 2011, concerning GAB's recommended
method for compliance with the federal timeline for the absentee voting process. To
achieve compliance, this state will likely need to advance the date of the September
primary, beginning in 2012.
11. Currently, an absentee ballot cast by an elector is void unless it is received
at the polling place for the elector's residence by 8 p.m. on election night. However,
state law provides that if an elector is a military elector, as defined by federal law,
the elector has an additional ten days after the general election and 7 days after the
September primary for the elector's ballot to be received by his or her municipality
if the ballot is postmarked by election day. This substitute amendment extends a
similar ten-day dispensation to military electors voting in the presidential
preference primary or a special federal election.
12. Currently, an elector who is a military elector, as defined by state law, or
an overseas elector, as defined by state law, and who applies for an absentee ballot
no later than 30 days before an election may cast a blank write-in ballot at that
election in lieu of the official printed ballot, for any candidates for federal office whose
offices are contested at that election. The ballot is valid only if it is submitted from
a location outside the United States. This substitute amendment permits such an
elector to cast a blank write-in absentee ballot after official printed ballots become
available if he or she applies for an absentee ballot no later than the latest time
permitted for application for an absentee ballot under state law. The substitute
amendment also permits a military elector to cast such a ballot even if the ballot is
submitted from a location inside the United States, including the elector's
permanent residence.
13. Currently, GAB must prescribe uniform instructions for absentee voters.
This substitute amendment provides that the instructions must include the specific
means of electronic communication that absentee voters may use to file an
application for an absentee ballot, to request a voter registration form, or to change
their registrations.
14. Currently, an individual may grant the power of attorney to another
individual to act on his or her behalf under certain conditions specified by the
grantor. This substitute amendment specifically permits an individual who has been
granted the power of attorney to act on behalf of another individual and who has
authority to act on the grantor's behalf to apply for an absentee ballot on behalf of
the grantor if the grantor is unable to sign an application. The substitute
amendment also permits such an individual to apply for an absentee ballot on behalf
of a hospitalized elector and, if the elector is not registered, to sign the elector's voter
registration form on his or her behalf. In addition, the substitute amendment
provides that an individual who has been granted a power of attorney to act as the
agent of an elector is not permitted to cast a ballot on behalf of the elector, but if the
elector has difficulty reading, writing, or understanding English or due to disability
is unable to mark a ballot, the elector may request assistance in marking his or her
ballot from the agent or, with certain exceptions, from another individual.
15. Currently, the costs incurred by municipalities for mailing absentee ballots
to electors and for return of the voted ballots to the municipalities is generally borne
by the municipalities in which the electors reside. Postal regulations permit
municipalities to use the postal system without charge for mailing and return of
absentee ballots for armed forces members and certain other electors. This
substitute amendment provides that if a municipality incurs costs for mailing and
return of absentee ballots for electors, other than military or overseas electors, as
defined by state law, who request that they be sent absentee ballots for multiple
elections, the municipality may file a claim for reimbursement of those expenses with
GAB and if GAB finds that the claim is substantiated, GAB must pay the claim from
state general purpose revenue.
16. Current law permits a qualified elector to apply for an absentee ballot by
mail, facsimile transmission, or electronic mail. The law also specifies deadlines for
receipt of applications by mail. This substitute amendment provides that the
deadlines for receipt of applications by facsimile transmission or electronic mail are
the same as those for receipt of applications by mail.
17. This substitute amendment directs GAB to report to the appropriate
standing committees of the legislature no later than March 1, 2011, concerning
methods by which this state may be able to meet requirements for mailing and return
of absentee ballots in a manner that will most effectively take advantage of potential
savings that may be available to this state under applicable postal regulations.
Deceptive election practices
Currently, the statutes provide that no person may knowingly make or publish,
or cause to be made or published, a false representation pertaining to a candidate or
referendum that is intended to affect voting at an election. Violators may be fined
not more than $1,000 or imprisoned for not more than six months, or both.
This substitute amendment prohibits any person, whether acting in an official
capacity or otherwise, from intentionally deceiving any other person regarding the
date, time, place, or manner of conducting an election; the qualifications for voting
or restrictions on the eligibility of electors to vote in an election; or the endorsement
of candidates by specified persons. Any person who violates the prohibition with
intent to prevent any person from exercising the right to vote in an election may be
fined not more than $100,000 or imprisoned for not more than five years, or both.
The substitute amendment permits any person who is aggrieved by an alleged
violation to obtain a court order restraining the violation. The substitute
amendment also permits any person to file a sworn complaint with GAB alleging that
a violation has occurred or is occurring. If GAB finds that the facts alleged in the
complaint, if true, would constitute a violation, it must promptly investigate the
complaint. If GAB finds that a violation has occurred or is occurring, GAB must take
all measures necessary to provide correct information to electors who may have been
deceived by the actions of the alleged violator and must refer the matter to the
appropriate authority for prosecution.
The substitute amendment also directs GAB to promulgate rules concerning
corrective measures that may be appropriate whenever violations occur. In addition,
the substitute amendment directs GAB to report biennially to the appropriate
standing committees of the legislature with regard to violations and actions taken
in response to violations.
Voter intimidation, suppression, and protection
Currently, no person may make use of or threaten to make use of force, violence,
or restraint in order to compel any person to vote or refrain from voting at an election,
and no person may, by any act compel, induce, or prevail upon an elector to either vote
or refrain from voting at any election for or against a particular candidate or
question. Violators may be fined not more than $10,000 or imprisoned for not more
than three years and six months, or both.
This substitute amendment provides that no person may make use of or
threaten to make use of force, violence, restraint, or any tactic of coercion or
intimidation in order to induce or compel any person to vote or refrain from voting
or to refrain from registering to vote at an election, and no person may use or threaten
to use force or violence or by use of any threat of any act of coercion or intimidation
compel, induce, or prevail upon an elector either to vote or refrain from voting at any
election for or against a candidate or question. Violators may be fined not more than
$100,000 or imprisoned for not more than three years, or both.
The substitute amendment also provides that no person may knowingly
attempt to prevent or deter another person from voting or registering to vote based
upon fraudulent, deceptive, or spurious grounds or information. Violators may be
fined not more than $50,000 or imprisoned for not more than two years, or both.
Currently, municipal clerks and boards of election commissioners are directed
by law to post specified materials at each polling place. GAB is directed to publish
a manual that may be easily understood by the general public explaining the duties
of election officials. Currently, GAB is also directed to ensure that in any jurisdiction
in this state that is required under federal law to provide voting materials in a
language other than English, the voting system used in that jurisdiction is in
compliance with federal law. There is no specific penalty for violations, but the
requirements are enforceable administratively and through the court system.
This substitute amendment creates a voter's bill of rights and directs municipal
clerks and boards of election commissioners to post a copy of the bill of rights at each
polling place unless otherwise permitted by GAB. The substitute amendment directs
GAB to include a number of specific items in its manual. The substitute amendment
also requires that at each polling place located in a jurisdiction that is required under
federal law to provide voting materials in a language other than English, all required
postings must be made in that language as well as in English unless otherwise
permitted by GAB. See Polling place posting requirements, below. In addition, the
substitute amendment directs the municipal clerk or board of election
commissioners of any such jurisdiction to contact and coordinate with organizations
that advocate for the rights of individuals who speak that language to ensure that
each polling place in the jurisdiction adequately serves the needs of these
individuals, and to endeavor to ensure that at least one of the election officials who
serves at each polling place in the jurisdiction speaks that language. Violators are
subject to a forfeiture (civil penalty) of not more than $500 for each violation.
The substitute amendment also permits, with limited exceptions, any elector
of this state to sue for injunctive relief, a court order requiring or prohibiting certain
action, or any other appropriate relief, to compel compliance with the substitute
amendment's prohibitions and requirements relating to voter intimidation,
suppression, and protection. Currently, an elector may be required to pursue
administrative relief before filing suit, and in some cases must petition a district
attorney or the attorney general to file suit on his or her behalf.
Residency of election officials
Currently, with certain exceptions, an election official who serves at a polling
place must be an elector of the ward or election district served by the polling place.
A special registration deputy who serves at a polling place may be an elector of
another ward or election district within the municipality where the deputy serves.
With certain limitations, a pupil who is 16 or 17 years of age may serve as an election
official at the polling place serving his or her residence. A special voting deputy who
supervises voting at a nursing home, retirement home, or community-based
residential facility must be an elector of the municipality where the home or facility
is located. An official who serves at a polling place may be replaced in case of a
temporary vacancy by an individual who is an elector of a ward or election district
other than a ward or election district that is served by the polling place where the
individual serves. With certain limitations, a municipal clerk or deputy clerk who
resides outside of a municipality may also serve as an election official in that
municipality when required to fill a temporary vacancy.
This substitute amendment provides that an election official must be an elector
of the county, or one of the counties, where the municipality where the official serves
is located. Under the substitute amendment, a municipal clerk or deputy clerk who
is an elector of this state may continue to serve as an election official in case of a
temporary vacancy without regard to county residence. The substitute amendment
permits a special voting deputy to be an elector of the county, or one of the counties,
where the municipality in which the deputy serves is located. The substitute
amendment also permits a pupil who is 16 or 17 years of age to serve as an election
official at a polling place serving any municipality located wholly or partly within the
county within which the pupil resides.
Polling place posting requirements
Currently, the law requires a number of notices to be posted at each polling
place on election day. The notices include the date and hours of the election, sample
ballots, local area maps, voting instructions, election fraud laws, warnings about
mismarking ballots in ways that will void them, and other information prescribed
by GAB. This substitute amendment adds two new posting requirements (see Voter
intimidation, suppression, and protection, above). The substitute amendment also
permits GAB, directly or by delegation to its legal counsel, to authorize another
means of providing notice to affected electors of the information required to be
posted, including the new information specified in the substitute amendment, if GAB
determines that the alternative means of providing notice is at least as effective as
posting.
Prosecution of civil prohibited practice offenses
Currently, with limited exceptions, prosecutions of prohibited election practice
offenses are conducted by the appropriate district attorney, or in certain cases, by the
attorney general. Most of these offenses are criminal, but a few of them are civil
offenses. This substitute amendment provides that, with limited exceptions,
prosecutions of civil prohibited election practice offenses, including the one created
by this substitute amendment (see Voter intimidation, suppression, and protection,
above), may be prosecuted either by GAB or by the appropriate district attorney.
Challenging the ballots of electors at polling places
Currently, any elector may challenge for cause the right of any other elector to
vote at a polling place if the challenger knows or suspects that the challenged elector
is not a qualified elector. The inspectors of election (poll workers) must then
administer oaths to both the challenger and the challenged elector concerning the
challenged elector's qualifications. If the inspectors receive the ballot of any elector
who has been challenged, they must mark the ballot with the elector's serial number.
If canvassing an election, a board of canvassers may review and decide any challenge
and may count or reject a challenged ballot accordingly. If a petition for a recount
is filed, the board of canvassers may again review and decide whether a challenged
ballot is cast by a qualified elector and may count or reject the ballot accordingly. An
elector may also challenge the ballot of an absent elector before the inspectors at a
polling place or before a board of absentee ballot canvassers in municipalities where
absentee ballots are not canvassed at polling places. The challenged elector need not
be present when the challenge is made.
This substitute amendment provides that only an elector who resides in the
same county as the one in which a challenged elector resides may challenge the ballot
of that elector and, if the challenged elector is an elector of a first class city, only an
elector who resides in the same aldermanic district as the one in which the
challenged elector resides may challenge the ballot of that elector. The substitute
amendment, however, permits a district attorney to challenge the ballot of any
elector within the prosecutorial district served by the district attorney. The
substitute amendment directs the inspectors or board of absentee ballot canvassers
to require the challenging elector to provide proof of residence, as defined by law,
when making a challenge.
Withholding of voluntarily provided elector information
Currently, GAB and municipal clerks must provide public access to information
in their records unless otherwise provided by law or unless the custodian
demonstrates that the public interest in withholding public access outweighs the
strong public interest in providing that access. This substitute amendment provides
that whenever GAB or a county or municipal clerk or board of election commissioners
has the telephone number, facsimile transmission number, or electronic mail
address of an elector that is voluntarily provided by the elector to GAB or to the clerk
or board, GAB and the clerk and board are prohibited from providing access to that
information except to election officials and employees to be used for the
administration of elections.
Automatic tabulating equipment testing
Currently, if a municipality uses an electronic voting system at an election that
employs automatic tabulating equipment, the municipal clerk or board of election
commissioners must conduct a public test not more 10 days before the election to
ensure that the equipment correctly counts votes. This substitute amendment
permits the test to be conducted at any time after ballots become available prior to
the date of the election.