SB640: Bill Text

SB640,58,5 8. Procedures for handling of emergency situations.

SB640,58,6 9. Procedures for handling and processing of provisional ballots.

SB640,58,7 10. Security procedures.

SB640, s. 98 Section 98. 7.08 (12) of the statutes is created to read:

SB640,58,12 7.08 (12) Remedies for deceptive election practices. Disseminate through the Internet and radio, television, and newspaper advertisements information concerning complaint procedures and remedies for deceptive election practices under s. 12.17.

SB640, s. 99 Section 99. 7.08 (13) of the statutes is created to read:

SB640,58,19 7.08 (13) Withhold personal information provided to board. Withhold from public access under s. 19.35 (1) the telephone number, facsimile transmission number, or electronic mail address of any elector who voluntarily provides that information to the board or to a county or municipal clerk. The board may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB640, s. 100 Section 100. 7.10 (11) of the statutes is created to read:

SB640,59,2 7.10 (11) Withhold personal information provided to clerk. The county clerk shall withhold from public inspection under s. 19.35 (1) the telephone number, facsimile transmission number, or electronic mail address of any elector who voluntarily provides that information to the clerk or to the board or a municipal clerk. The county clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB640, s. 101 Section 101. 7.15 (1) (cm) of the statutes is amended to read:

SB640,59,10 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and send an official absentee ballot to each elector who has requested one for voting outside the office of the municipal clerk or an alternate site designated under s. 6.855 no later than the 30th day before each September primary and general election and no later than the 21st day before each other primary and election if the request is made before that day; otherwise, the municipal clerk shall send an official absentee ballot within one day of the time the elector's request is received.

SB640, s. 102 Section 102. 7.15 (1) (j) of the statutes is amended to read:

SB640,59,14 7.15 (1) (j) Send an absentee ballot automatically to each person making an authorized request therefor in accordance with s. 6.22 (4), 6.24 (4) (c), or 6.86 (2) or (2m).

SB640, s. 103 Section 103. 7.15 (2m) of the statutes is amended to read:

SB640,59,20 7.15 (2m) Operation of alternate absentee ballot site. In a municipality in which the governing body has elected to establish an one or more alternate absentee ballot site sites under s. 6.855, the municipal clerk shall operate such site as though it were his or her office for absentee ballot purposes and shall ensure that such site is adequately staffed.

SB640, s. 104 Section 104. 7.15 (4) of the statutes is amended to read:

SB640,59,25 7.15 (4) Recording electors. Within Except as authorized in s. 6.33 (5) (a), within 30 days after each election, the municipal clerk shall enter on the registration list under the name of each elector of the municipality who has voted at the election an indication of the date of the election in which the elector voted.

SB640, s. 105 Section 105. 7.15 (15) of the statutes is created to read:

SB640,60,8 7.15 (15) Withhold personal information provided to clerk. The municipal clerk shall withhold from public inspection under s. 19.35 (1) the telephone number, facsimile transmission number, or electronic mail address of any elector who voluntarily provides that information to the clerk or to the board or county clerk. The municipal clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB640, s. 106 Section 106. 7.41 (4) of the statutes is amended to read:

SB640,60,17 7.41 (4) No individual exercising the right under sub. (1) may view the confidential portion of a registration list maintained under s. 6.36 (4) or a poll list maintained under s. 6.79 (6). However, the inspectors or municipal clerk shall disclose to such an individual, 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 in the proceedings. No such individual may view the certificate absentee ballot envelope of an absent elector who obtains a confidential listing under s. 6.47 (2).

SB640, s. 107 Section 107. 7.51 (3) (d) of the statutes is amended to read:

SB640,60,25 7.51 (3) (d) Except in municipalities where absentee ballots are canvassed under s. 7.52, all absentee certificate ballot envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate ballot envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB640, s. 108 Section 108. 7.52 (3) (b) of the statutes is amended to read:

SB640,61,19 7.52 (3) (b) When the board of absentee ballot canvassers finds that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind, or that the certificate of an elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the board of absentee ballot canvassers that an elector voting an absentee ballot has since died, the board of absentee ballot canvassers shall not count the ballot. Each member of the board of absentee ballot canvassers shall endorse every ballot not counted on the back as "rejected (giving the reason)." The board of absentee ballot canvassers shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The board of absentee ballot canvassers shall endorse the envelope as "rejected ballots," with a statement of the ward or election district and date of the election, and each member of the board of absentee ballot canvassers shall sign the statement. The board of absentee ballot canvassers shall then return the envelope containing the ballots to the municipal clerk.

SB640, s. 109 Section 109. 7.52 (4) (i) of the statutes is amended to read:

SB640,62,2 7.52 (4) (i) All absentee certificate ballot envelopes that have been opened shall be returned by the board of absentee ballot canvassers to the municipal clerk in a securely sealed carrier envelope that is clearly marked "used absentee certificate ballot envelopes." The envelopes shall be signed by each member of the board of absentee ballot canvassers. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB640, s. 110 Section 110. 7.52 (5) of the statutes is renumbered 7.52 (5) (a) and amended to read:

SB640,62,13 7.52 (5) (a) The vote of any absent elector may be challenged for cause by the board of absentee ballot canvassers or by another elector and the board of absentee ballot canvassers shall have all the power and authority given the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person. If the challenged elector proposes to vote in a municipality having a population of 2,500 or more, any challenging elector shall be an elector of the same ward or election district as the challenged elector and the board of absentee ballot canvassers shall require the challenging elector to provide proof of residence under s. 6.34.

SB640, s. 111 Section 111. 7.52 (6) (a) of the statutes is renumbered 7.52 (6) and amended to read:

SB640,62,24 7.52 (6) The board of absentee ballot canvassers shall review each certificate absentee ballot envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election, including ineligibility to vote by reason of a felony conviction. If the board of absentee ballot canvassers receives an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

SB640, s. 112 Section 112. 7.52 (6) (b) of the statutes is renumbered 7.52 (5) (b) and amended to read:

SB640,63,22 7.52 (5) (b) Any elector may challenge for cause any absentee ballot. For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

SB640, s. 113 Section 113. 9.01 (1) (b) 2. of the statutes is amended to read:

SB640,64,6 9.01 (1) (b) 2. The board of canvassers shall then examine the absentee ballot envelopes. Any defective absentee ballot envelopes shall be laid aside, properly marked and carefully preserved. The number of voters shall be reduced by the number of ballot envelopes set aside under this subdivision. An absentee ballot envelope is defective only if it is not witnessed or, if a witness is required for the voter casting the ballot, if it is not signed by the voter, or if the certificate accompanying an absentee ballot that the voter received by facsimile transmission or electronic mail is missing.

SB640, s. 114 Section 114. 10.01 (2) (e) of the statutes is amended to read:

SB640,65,2 10.01 (2) (e) Type E—The type E notice shall state the qualifications for absentee voting, the procedures for obtaining an absentee ballot in the case of registered and unregistered voters, the places and the deadlines for application and return of application where electors may cast absentee ballots in person, including any alternate site or sites designated under s. 6.855, the deadlines for making application and for return of absentee ballots, and the office hours during which an elector may cast an absentee ballot in the municipal clerk's office or at an each alternate site under s. 6.855. The municipal clerk shall publish a type E notice on the 4th Tuesday preceding each spring primary and election, on the 4th Tuesday preceding each September primary and general election, on the 4th Tuesday preceding the primary for each special national, state, county or municipal election if any, on the 4th Tuesday preceding a special county or municipal referendum, and on the 3rd Tuesday preceding each special national, state, county or municipal election to fill an office which is not held concurrently with the spring or general election. The clerk of each special purpose district which calls a special election shall publish a type E notice on the 4th Tuesday preceding the primary for the special election, if any, on the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding a special election for an office which is not held concurrently with the spring or general election except as authorized in s. 8.55 (3).

SB640, s. 115 Section 115. 12.09 (1) and (3) of the statutes are amended to read:

SB640,65,7 12.09 (1) No person may personally or through an agent make use of or threaten to make use of force, violence, or 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.

SB640,65,11 (3) No person may personally or through an agent, by any use or threaten to use force or violence or by use or 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 particular candidate or question at a referendum.

SB640, s. 116 Section 116. 12.13 (1) (b) of the statutes is amended to read:

SB640,65,15 12.13 (1) (b) Falsely procures registration, confirms inaccurate registration information, or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

SB640, s. 117 Section 117. 12.13 (1) (c) of the statutes is amended to read:

SB640,65,18 12.13 (1) (c) Registers as an elector in more than one place for the same election or confirms 2 or more simultaneous registrations to vote in the same election.

SB640, s. 118 Section 118. 12.13 (1) (d) of the statutes is amended to read:

SB640,65,22 12.13 (1) (d) Impersonates a registered elector or a person whose unconfirmed registration appears on the registration list or poses as another person for the purpose of voting at an election.

SB640, s. 119 Section 119. 12.13 (2) (b) 3. of the statutes is amended to read:

SB640,66,3 12.13 (2) (b) 3. Permit registration, confirmation of registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official's own or other one lawfully received.

SB640, s. 120 Section 120. 12.17 of the statutes is created to read:

SB640,66,6 12.17 Deceptive election practices. (1) In this section, "election-related information" means information concerning any of the following:

SB640,66,7 (a) The date, time, place, or manner of conducting an election.

SB640,66,10 (b) The qualifications for or restrictions on the eligibility of electors voting at an election, including any criminal penalties associated with voting in an election or a voter's registration status or eligibility.

SB640,66,11 (c) The explicit endorsement by any person of a candidate at an election.

SB640,66,14 (2) No person, whether acting under color of law or otherwise, may intentionally induce another person to refrain from registering or voting at an election by knowingly providing that person with false election-related information.

SB640,66,17 (3) Any person who is aggrieved by an alleged violation of sub. (2) may bring an action for injunctive relief in circuit court for the county where the violation is alleged to occur.

SB640,66,20 (4) Any person may file a verified complaint with the board alleging facts that the person believes to constitute a violation of sub. (2). The complaint shall be filed under s. 5.05 (2m) (c).

SB640,67,4 (5) Notwithstanding s. 5.05 (2m) (c), the board shall promptly review each complaint received under sub. (4), and if the board finds that the facts alleged in the complaint, if true, would constitute a violation of sub. (2), the board shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m) (c) 11., if the board finds that a violation of sub. (2) has occurred or is occurring, the board shall take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator, and shall refer the matter to the appropriate authority for prosecution in accordance with ss. 5.05 (2m) (i) and 12.60 (4).

SB640,67,18 (6) (a) No later than 90 days after each each general election, the board shall report to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (2) concerning any complaints under sub. (4) that were acted upon or referred by the board under sub. (5) during the period beginning with the date of the 2nd preceding general election and ending with the preceding general election. Except as provided in par. (b), the report shall include a description of the alleged deceptive election practices that were the subject of each complaint, any corrective measures taken by the board with regard to the subject matter of the complaint, the board's evaluation of the effectiveness of those corrective measures, the status of any prosecution relating to the subject matter of the complaint, a compilation of the number and types of allegations made that were acted upon or referred by the board under sub. (5), the locations and segments of the population that were affected by the alleged deceptive election practices, and the status of any investigations conducted by the board under sub. (5).

SB640,67,20 (b) The board may exclude from the report under par. (a) any information that, if disclosed, would interfere with a pending investigation of a violation of the law.

SB640,67,22 (c) The board shall post a copy of each report submitted under this subsection on the Internet.

SB640, s. 121 Section 121. 12.19 of the statutes is created to read:

SB640,68,3 12.19 Voter suppression. 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. A violation of this section includes:

SB640,68,5 (1) Challenging another person's right to register or vote at an election based upon information the person knows is false.

SB640,68,7 (2) Attempting to induce another person to refrain from registering or voting by providing that person with information the person knows is false.

SB640, s. 122 Section 122. 12.60 (1) (a) of the statutes is amended to read:

SB640,68,10 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

SB640, s. 123 Section 123. 12.60 (1) (am) of the statutes is created to read:

SB640,68,13 12.60 (1) (am) Whoever violates s. 12.17 (2) with the intent to prevent any person from exercising the right to vote in an election is guilty of a Class D felony.

SB640, s. 124 Section 124. 12.60 (1) (an) of the statutes is created to read:

SB640,68,15 12.60 (1) (an) Whoever violates s. 12.09 is guilty of a Class D felony.

SB640, s. 125 Section 125. 12.60 (1) (ap) of the statutes is created to read:

SB640,68,17 12.60 (1) (ap) Whoever violates s. 12.19 is guilty of a Class E felony.

SB640, s. 126 Section 126. 12.60 (1) (bn) of the statutes is created to read:

SB640,68,25 12.60 (1) (bn) If a municipal clerk or executive director of a board of election commissioners fails to ensure compliance with s. 5.25 (4) (b) or to post the materials specified in s. 5.35 (6) (a) at each polling place located in the municipality served by the clerk or executive director at any election, except as authorized in s. 5.35 (6) (d), or the executive director of the government accountability board fails to include any of the materials specified in s. 7.08 (3) in the election manual, the violator may be required to forfeit not more than $500 for each violation.

SB640, s. 127 Section 127. 12.60 (4) of the statutes is amended to read:

SB640,69,4 12.60 (4) Prosecutions of civil offenses under this chapter shall be conducted in the manner prescribed in s. 11.60 (4). Prosecutions of criminal offenses under this chapter shall be conducted in accordance with the manner prescribed in s. 11.61 (2).

SB640, s. 128 Section 128. 19.685 of the statutes is created to read:

SB640,69,9 19.685 Access to information provided by Government Accountability Board. No state authority and no officer or employee thereof may provide access to information in any record of the authority that was obtained by the authority from the government accountability board under s. 6.36 (1) (bm).

SB640, s. 129 Section 129. 85.61 (1) of the statutes is amended to read:

SB640,69,23 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board under s. 6.36 (1), the information specified in s. 6.34 (2n), and other information specified in s. 6.256 (2) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341, notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), to the extent required to enable the secretary of transportation and the administrator of the elections division of the government accountability board to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB640, s. 130 Section 130. 939.50 (3) (d) of the statutes is amended to read:

SB640,70,4 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both, except that for a violation of s. 12.09, the term of imprisonment may not exceed 3 years and for a violation of s. 12.17, the term of imprisonment may not exceed 5 years.

SB640, s. 131 Section 131. 939.50 (3) (e) of the statutes is amended to read:

SB640,70,8 939.50 (3) (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both, except that for a violation of s. 12.19, the term of imprisonment may not exceed 2 years.

SB640, s. 132 Section 132 . Nonstatutory provisions.

SB640,70,19 (1) Study of options for corrective action. The government accountability board, in consultation with the department of justice and the federal election assistance commission, shall study the feasibility of providing corrective information that may be required under section 12.17 (5) of the statutes, as created by this act, through public service announcements, other uses of broadcast media, or an emergency alert system. No later than the first day of the 7th month beginning after the effective date of this subsection, the board shall report its findings and recommendations to the chief clerk of each house of the legislature, in the manner provided under section 13.172 (2) of the statutes, for referral to the appropriate standing committees of each house.

SB640,70,20 (2) Hardship waiver request; study of absentee voting timeline.

SB640,71,5 (a) Prior to the 2010 September primary, the legal counsel to the Government Accountability Board shall apply on behalf of this state to the presidential designee under 42 USC 1973ff-1 (g) for a determination that this state is unable to meet the requirement under 42 USC 1973ff-1 (a) (8) with respect to transmittal of absentee ballots to military and overseas electors at the 2010 September primary and general election. The application shall include a description of this state's efforts to enable delivery of absentee ballots to military and overseas electors as expeditiously as possible. If the waiver is not granted, the legal counsel shall promptly report the response of the designee to the appropriate standing committees of the legislature in the manner prescribed in section 13.172 (3) of the statutes.

SB640,71,10 (b) No later than January 1, 2011, the Government Accountability Board shall report to the appropriate standing committees of the legislature, in the manner prescribed in section 13.172 (3) of the statutes, concerning the timeline used by this state for the absentee voting process and the feasibility of making adjustments to enable compliance with the timeline prescribed in 42 USC 1973ff-1 (a) (8) (A).