2009 - 2010 LEGISLATURE
April 24, 2009 - Introduced by Senators Coggs, Risser, Taylor and Hansen,
cosponsored by Representatives
Young, Grigsby, A. Williams, Richards,
Black, Roys, Jorgensen, Pasch, Mason, Pope-Roberts and Toles. Referred to
Committee on Labor, Elections and Urban Affairs.
SB179,1,6
1An Act to renumber 5.07;
to amend 5.05 (1) (f), 5.06 (2), 5.25 (4) (b), 12.09 (1)
2and (3), 12.60 (1) (a), 939.50 (3) (d) and 939.50 (3) (e); and
to create 5.07 (2),
35.34, 5.35 (6) (a) 4c., 7.08 (3) (d) to (g), 7.08 (11), 12.17, 12.19, 12.60 (1) (am),
412.60 (1) (an), 12.60 (1) (ap) and 12.60 (1) (bn) of the statutes;
relating to:
5deceptive election practices; voter intimidation, suppression, and protection;
6granting rule-making authority; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the laws relating to elections and voting.
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 bill 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 bill permits any person who is aggrieved by an alleged violation to obtain
a court order restraining the violation. The bill also permits any person to file a
sworn complaint with the Government Accountability Board alleging that a
violation has occurred or is occurring. If the board finds that the facts alleged in the
complaint, if true, would constitute a violation, it must promptly investigate the
complaint. If the board finds that a violation has occurred or is occurring, the board
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 bill also directs the Government Accountability Board to promulgate rules
concerning corrective measures that may be appropriate whenever violations occur.
In addition, the bill directs the board 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 bill 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 bill 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. The Government
Accountability Board is directed to publish a manual that may be easily understood
by the general public explaining the duties of election officials. Currently, the board
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 bill 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. The
bill also directs the Government Accountability Board to include a number of specific
items in its manual. In addition, the bill 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, at least one of the election officials who serves at that
polling place must speak that language and all required postings must be made in
that language as well as in English. Violators may be fined not more than $10,000
or imprisoned for not more than one year, or both.
The bill also permits 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 bill'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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB179, s. 1
1Section
1. 5.05 (1) (f) of the statutes is amended to read:
SB179,3,72
5.05
(1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
3purpose of interpreting or implementing the laws regulating the conduct of elections
4or election campaigns or ensuring their proper administration
, and shall promulgate
5rules to enforce ss. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 12.09, and 12.19 and rules
6concerning the methods and means of providing corrective information to electors
7under s. 12.17 (5).
SB179, s. 2
8Section
2. 5.06 (2) of the statutes is amended to read:
SB179,4,59
5.06
(2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
10is authorized to file a complaint under sub. (1), other than the attorney general or
11a district attorney, may commence an action or proceeding to test the validity of any
12decision, action or failure to act on the part of any election official with respect to any
1matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
2to disposition of the complaint by the board. A complaint is deemed disposed of if the
3board fails to transmit an acknowledgment of receipt of the complaint within 5
4business days from the date of its receipt or if the board concludes its investigation
5without a formal decision.
SB179, s. 3
6Section
3. 5.07 of the statutes is renumbered 5.07 (1).
SB179, s. 4
7Section
4. 5.07 (2) of the statutes is created to read:
SB179,4,148
5.07
(2) Whenever a violation of s. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 7.08 (3),
912.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for
10injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable
11relief as may be appropriate to compel compliance with the law. The action shall be
12filed in circuit court for the county where the violation occurs or is proposed to occur.
13In such actions, the court shall award costs and reasonable actual attorney fees to
14the plaintiff if the plaintiff prevails in the action.
SB179, s. 5
15Section
5. 5.25 (4) (b) of the statutes is amended to read:
SB179,4,2116
5.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC
171973aa-1a to provide voting materials in any language other than English, the board
18shall ensure that
at least one of the election officials who serves at each polling place
19in that jurisdiction speaks that language, the materials specified in s. 5.35 (6) are
20posted in that language, and the voting system used at each polling place in that
21jurisdiction is in compliance with
42 USC 1973aa-1a.
SB179, s. 6
22Section
6. 5.34 of the statutes is created to read:
SB179,4,23
235.34 Voter's bill of rights. Every qualified elector has the right to:
SB179,4,24
24(1) Inspect a sample ballot before voting.
SB179,4,25
25(2) Cast a ballot if he or she is in line when his or her polling place closes.
SB179,5,3
1(3) Ask for and receive assistance in voting, including assistance in a language
2other than English if the elector resides in a jurisdiction where voting materials must
3be provided in that language under
42 USC 1073aa-1a.
SB179,5,5
4(4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot
5before casting that ballot.
SB179,5,6
6(5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.
SB179,5,8
7(6) Vote free from coercion or intimidation by any election official or other
8person.
SB179,5,10
9(7) Cast a ballot using voting materials or equipment that enables the elector's
10ballot to be counted accurately.
SB179, s. 7
11Section
7. 5.35 (6) (a) 4c. of the statutes is created to read:
SB179,5,1212
5.35
(6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.
SB179, s. 8
13Section
8. 7.08 (3) (d) to (g) of the statutes are created to read:
SB179,5,1414
7.08
(3) (d) Be written in clear, unambiguous language.
SB179,5,1515
(e) Be indexed by subject.
SB179,5,1716
(f) Contain specific examples of common problems encountered at polling
17places on election day and detailed, specific procedures for resolving those problems.
SB179,5,1818
(g) Include an explanation of all of the following:
SB179,5,2019
1. Laws and rules governing solicitation by individuals and groups at a polling
20place.
SB179,5,2221
2. Procedures to be followed with respect to electors whose names do not appear
22on the registration list.
SB179,5,2323
3. Proper operation of any electronic voting system used at a polling place.
SB179,5,2424
4. Procedures for handling of ballots.
SB179,5,2525
5. Procedures governing spoiled ballots.
SB179,6,1
16. Procedures to be followed after a polling place closes.
SB179,6,22
7. Rights of electors at the polls.
SB179,6,33
8. Procedures for handling of emergency situations.
SB179,6,44
9. Procedures for handling and processing of provisional ballots.
SB179,6,55
10. Security procedures.
SB179, s. 9
6Section
9. 7.08 (11) of the statutes is created to read:
SB179,6,107
7.08
(11) Remedies for deceptive election practices. Disseminate through
8the Internet and radio, television, and newspaper advertisements information
9concerning complaint procedures and remedies for deceptive election practices
10under s. 12.17.
SB179, s. 10
11Section
10. 12.09 (1) and (3) of the statutes are amended to read:
SB179,6,1512
12.09
(1) No person may personally or through an agent make use of or
13threaten to make use of force, violence,
or restraint
, or any tactic of coercion or
14intimidation in order to induce or compel any person to vote or refrain from voting
15or to refrain from registering to vote at an election.
SB179,6,19
16(3) No person may personally or through an agent,
by any use or threaten to
17use force or violence or by use or threat of any act
of coercion or intimidation compel,
18induce, or prevail upon an elector either to vote or refrain from voting at any election
19for or against a particular candidate or
question at a referendum.
SB179, s. 11
20Section
11. 12.17 of the statutes is created to read:
SB179,6,22
2112.17 Deceptive election practices.
(1) In this section, "election-related
22information" means information concerning any of the following:
SB179,6,2323
(a) The date, time, place, or manner of conducting an election.
SB179,7,3
1(b) The qualifications for or restrictions on the eligibility of electors voting at
2an election, including any criminal penalties associated with voting in an election or
3a voter's registration status or eligibility.
SB179,7,44
(c) The explicit endorsement by any person of a candidate at an election.
SB179,7,7
5(2) No person, whether acting under color of law or otherwise, may
6intentionally induce another person to refrain from registering or voting at an
7election by knowingly providing that person with false election-related information.
SB179,7,10
8(3) Any person who is aggrieved by an alleged violation of sub. (2) may bring
9an action for injunctive relief in circuit court for the county where the violation is
10alleged to occur.
SB179,7,13
11(4) Any person may file a verified complaint with the board alleging facts that
12the person believes to constitute a violation of sub. (2). The complaint shall be filed
13under s. 5.05 (2m) (c).
SB179,7,22
14(5) Notwithstanding s. 5.05 (2m) (c), the board shall review each complaint
15received under sub. (4) within 24 hours of receipt, and if the board finds that the facts
16alleged in the complaint, if true, would constitute a violation of sub. (2), the board
17shall investigate the complaint within 48 hours of receipt. Notwithstanding s. 5.05
18(2m) (c) 11., if the board finds that a violation of sub. (2) has occurred or is occurring,
19the board shall take all measures necessary to provide correct information to electors
20who may have been deceived by the actions of the alleged violator, and shall refer the
21matter to the appropriate authority for prosecution in accordance with ss. 5.05 (2m)
22(i) and 12.60 (4).
SB179,8,2
23(6) Notwithstanding s. 5.05 (2m) (c), if the board receives a complaint under
24sub. (4) within 72 hours before an election, and the board finds that the facts alleged
25in the complaint, if true, would constitute a violation of sub. (2), the board shall
1investigate the complaint and take the measures required under sub. (5)
2immediately.
SB179,8,16
3(7) (a) No later than 90 days after each each general election, the board shall
4report to the chief clerk of each house of the legislature for referral to the appropriate
5standing committees under s. 13.172 (2) concerning any complaints under sub. (4)
6that were acted upon or referred by the board under sub. (5) during the period
7beginning with the date of the 2nd preceding general election and ending with the
8preceding general election. Except as provided in par. (b), the report shall include
9a description of the alleged deceptive election practices that were the subject of each
10complaint, any corrective measures taken by the board with regard to the subject
11matter of the complaint, the board's evaluation of the effectiveness of those corrective
12measures, the status of any prosecution relating to the subject matter of the
13complaint, a compilation of the number and types of allegations made that were
14acted upon or referred by the board under sub. (5), the locations and segments of the
15population that were affected by the alleged deceptive election practices, and the
16status of any investigations conducted by the board under sub. (5).
SB179,8,1817
(b) The board may exclude from the report under par. (a) any information that,
18if disclosed, would interfere with a pending investigation of a violation of the law.
SB179,8,2019
(c) The board shall post a copy of each report submitted under this subsection
20on the Internet.
SB179, s. 12
21Section
12. 12.19 of the statutes is created to read:
SB179,8,24
2212.19 Voter suppression. No person may knowingly attempt to prevent or
23deter another person from voting or registering to vote based upon fraudulent,
24deceptive, or spurious grounds or information. A violation of this section includes:
SB179,9,2
1(1) Challenging another person's right to register or vote at an election based
2upon information the person knows is false.
SB179,9,4
3(2) Attempting to induce another person to refrain from registering or voting
4by providing that person with information the person knows is false.
SB179, s. 13
5Section
13. 12.60 (1) (a) of the statutes is amended to read:
SB179,9,76
12.60
(1) (a) Whoever violates s.
12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
7(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.