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 bill provides that, with limited exceptions, prosecutions of civil
prohibited election practice offenses, including the one created by this bill (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 bill provides that in municipalities having a population of 2,500 or more
only an elector who resides in the same ward or election district as the one in which
a challenged elector resides may challenge the ballot of that elector. In such
municipalities, the bill 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 bill 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 bill permits the test to be
conducted at any time after ballots become available prior to the date of the election.
Proof of residence by certain students
Currently, an elector must provide proof of residence in a form specified by law
for various registration and voting purposes. The purposes include voter
registration after the close of registration for an election and voting for the first time
in this state after registering by mail. In order for a specified form of proof to be valid,
the proof must contain the current and complete name of the elector and the elector's
current and complete address. However, if a student at a university, college, or
technical college presents a fee or identification card, and the university, college, or
technical college provides a current list of students residing in housing sponsored by
the university, college, or technical college to a municipal clerk, and the municipal
clerk, special registration deputy, or inspector (poll worker) verifies that the name
of the student presenting a card appears on the list, the card need not contain the
required information in order to be valid.
This bill provides that a municipal clerk, special registration deputy, or
inspector must accept a university, college, or technical college fee or identification
card presented by a student as proof of residence for registration or voting at an
election if the student's university, college, or technical college has provided to the
municipal clerk a current list of students residing in housing sponsored by the
university, college, or technical college and the student's name appears on the list.
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 and local 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:
SB640, s. 1
1Section
1. 5.05 (1) (e) of the statutes is amended to read:
SB640,13,42
5.05
(1) (e) Delegate to its legal counsel the authority to intervene in a civil
3action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling
4place from accessibility requirements under s. 5.25 (4) (a),
permit a municipality to
5provide notices required at polling places by alternative means under s. 5.35 (6) (d), 6exempt a municipality from the requirement to use voting machines or an electronic
7voting system under s. 5.40 (5m), approve an electronic data recording system for
1maintaining poll lists under s. 6.79,
or authorize nonappointment of an individual
2who is nominated to serve as an election official under s. 7.30 (4) (e),
or review and
3investigate complaints received under s. 12.17 (4) and order corrective measures
4under s. 12.17 (5), subject to such limitations as the board deems appropriate.
SB640, s. 2
5Section
2. 5.05 (1) (f) of the statutes is amended to read:
SB640,13,116
5.05
(1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
7purpose of interpreting or implementing the laws regulating the conduct of elections
8or election campaigns or ensuring their proper administration
, and shall promulgate
9rules to enforce ss. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 12.09, and 12.19 and rules
10concerning the methods and means of providing corrective information to electors
11under s. 12.17 (5).
SB640, s. 3
12Section
3. 5.05 (13) (title) of the statutes is amended to read:
SB640,13,1313
5.05
(13) (title)
Toll-free election information exchange and requests.
SB640, s. 4
14Section
4. 5.05 (13) (c) and (d) of the statutes are created to read:
SB640,13,1715
5.05
(13) (c) Maintain a freely accessible system under which a military elector
16or an overseas elector, as defined in s. 6.34 (1), who casts an absentee ballot may
17ascertain whether the ballot has been received by the appropriate municipal clerk.
SB640,13,1918
(d) Designate and maintain at least one freely accessible means of electronic
19communication which shall be used for the following purposes:
SB640,13,2220
1. To permit a military elector or an overseas elector, as defined in s. 6.34 (1),
21to request a voter registration application or an application for an absentee ballot at
22any election at which the elector is qualified to vote in this state.
SB640,13,2523
2. To permit a military elector or an overseas elector under subd. 1. to designate
24whether the elector wishes to receive the applications under subd. 1. electronically
25or by mail.
SB640,14,4
13. To permit a municipal clerk to transmit to a military elector or an overseas
2elector under subd. 1. a registration application or absentee ballot application
3electronically or by mail, as directed by the elector under subd. 2., together with
4related voting, balloting, and election information.
SB640, s. 5
5Section
5. 5.05 (16) of the statutes is created to read:
SB640,14,96
5.05
(16) Interagency agreements. The board may enter into an agreement
7with any agency, as defined in s. 16.70 (1e), to enable electronic matching of publicly
8available information in the records of the agency with records of the board to
9facilitate administration of elector registration by the board under s. 6.256 (1).
SB640, s. 6
10Section
6. 5.056 of the statutes is amended to read:
SB640,14,19
115.056 Matching program with secretary of transportation. The
12administrator of the elections division of the board shall enter into the agreement
13with the secretary of transportation specified under s. 85.61 (1) to match personally
14identifiable information on the official registration list maintained by the board
15under s. 6.36 (1)
, the information specified in s. 6.34 (2n), and other information
16specified in s. 6.256 (2) with personally identifiable information maintained by the
17department of transportation.
The agreement shall provide for the electronic
18transfer of information under s. 6.256 (2) to the board on a continuous basis, no less
19often than monthly.
SB640, s. 7
20Section
7. 5.06 (2) of the statutes is amended to read:
SB640,15,421
5.06
(2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
22is authorized to file a complaint under sub. (1), other than the attorney general or
23a district attorney, may commence an action or proceeding to test the validity of any
24decision, action or failure to act on the part of any election official with respect to any
25matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
1to disposition of the complaint by the board. A complaint is deemed disposed of if the
2board fails to transmit an acknowledgment of receipt of the complaint within 5
3business days from the date of its receipt or if the board concludes its investigation
4without a formal decision.
SB640, s. 8
5Section
8. 5.07 of the statutes is renumbered 5.07 (1).
SB640, s. 9
6Section
9. 5.07 (2) of the statutes is created to read:
SB640,15,137
5.07
(2) Whenever a violation of s. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 7.08 (3),
812.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for
9injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable
10relief as may be appropriate to compel compliance with the law. The action shall be
11filed in circuit court for the county where the violation occurs or is proposed to occur.
12In such actions, the court shall award costs and reasonable actual attorney fees to
13the plaintiff if the plaintiff prevails in the action.
SB640, s. 10
14Section
10. 5.25 (4) (b) of the statutes is amended to read:
SB640,15,1915
5.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC
161973aa-1a to provide voting materials in
any a language other than English, the
17board shall
, for each such language, ensure that
the notices specified in s. 5.35 (6)
18are given in that language and the voting system used at each polling place in that
19jurisdiction is in compliance with
42 USC 1973aa-1a.
SB640, s. 11
20Section
11. 5.25 (4) (c) of the statutes is created to read:
SB640,16,321
5.25
(4) (c) In any jurisdiction that is subject to the requirement under
42 USC
221973aa-1a to provide voting materials in a language other than English, the
23municipal clerk or board of election commissioners shall, for each such language,
24contact and coordinate with organizations that advocate for the rights of individuals
25who speak that language to ensure that each polling place in the jurisdiction
1adequately serves the needs of those individuals and shall endeavor to ensure that
2at least one of the election officials who serves at each polling place in the jurisdiction
3speaks that language.
SB640, s. 12
4Section
12. 5.34 of the statutes is created to read:
SB640,16,5
55.34 Voter's bill of rights. Every qualified elector has the right to:
SB640,16,6
6(1) Inspect a sample ballot before voting.
SB640,16,7
7(2) Cast a ballot if he or she is in line when his or her polling place closes.
SB640,16,10
8(3) Ask for and receive assistance in voting, including assistance in a language
9other than English if the elector resides in a jurisdiction where voting materials must
10be provided in that language under
42 USC 1073aa-1a.
SB640,16,12
11(4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot
12before casting that ballot.
SB640,16,13
13(5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.
SB640,16,15
14(6) Vote free from coercion or intimidation by any election official or other
15person.
SB640,16,17
16(7) Cast a ballot using voting materials or equipment that enables the elector's
17ballot to be counted accurately.
SB640, s. 13
18Section
13. 5.35 (6) (a) (intro.) of the statutes is amended to read:
SB640,16,2219
5.35
(6) (a) (intro.)
At Except as authorized under par. (d), at each polling place
20in the state, the municipal clerk or board of election commissioners shall post the
21following materials, positioned so that they may be readily observed by electors
22entering the polling place or waiting in line to vote:
SB640, s. 14
23Section
14. 5.35 (6) (a) 4c. of the statutes is created to read:
SB640,16,2424
5.35
(6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.
SB640, s. 15
25Section
15. 5.35 (6) (a) 5. of the statutes is amended to read:
SB640,17,2
15.35
(6) (a) 5. Any other voting information directed
to be posted by the board
2to be posted, or noticed under par. (d).
SB640, s. 16
3Section
16. 5.35 (6) (b) of the statutes is amended to read:
SB640,17,154
5.35
(6) (b)
At Except as authorized under par. (d), at each polling place in the
5state where a consolidated ballot under s. 5.655 is used or an electronic voting system
6is utilized at a partisan primary election incorporating a ballot upon which electors
7may mark votes for candidates of more than one recognized political party or for
8candidates of a recognized political party and independent candidates, the municipal
9clerk or board of election commissioners shall prominently post a sign in the form
10prescribed by the board warning electors in substance that on any ballot with votes
11cast for candidates of more than one recognized political party or any ballot with
12votes cast for candidates of a recognized political party and independent candidates,
13no votes cast for any candidates for partisan office will be counted unless a preference
14for a party or for the independent candidates is made. If the elector designates a
15preference, only votes cast for candidates of that preference will be counted.
SB640, s. 17
16Section
17. 5.35 (6) (c) of the statutes is amended to read:
SB640,17,2217
5.35
(6) (c)
At Except as authorized in par. (d), at each polling place located in
18a municipality that is served by more than one polling place for an election, the
19municipal clerk or board of election commissioners shall prominently post a map of
20the geographic area served by the polling place for that election. The posting shall
21clearly show the boundaries of the ward or wards served by the polling place for that
22election.
SB640, s. 18
23Section
18. 5.35 (6) (d) of the statutes is created to read:
SB640,18,524
5.35
(6) (d) As an alternative to any posting requirement under this subsection,
25the board may authorize another means of providing notice to affected electors of the
1information specified in this subsection if the board determines that an alternative
2means of providing the information will provide notice to affected electors of that
3information that is at least as effective as posting. Any authorization under this
4paragraph shall be in writing and shall specify the particular alternative means of
5notification of electors that may be used by a municipality.
SB640, s. 19
6Section
19. 5.84 (1) of the statutes is amended to read:
SB640,18,257
5.84
(1) Where any municipality employs an electronic voting system which
8utilizes automatic tabulating equipment, either at the polling place or at a central
9counting location, the municipal clerk shall, on any day
not more than 10 days after
10ballots become available prior to the
date of the election
day on at which the
11equipment is to be utilized, have the equipment tested to ascertain that it will
12correctly count the votes cast for all offices and on all measures. Public notice of the
13time and place of the test shall be given by the clerk at least 48 hours prior to the test
14by publication of a class 1 notice under ch. 985 in one or more newspapers published
15within the municipality if a newspaper is published therein, otherwise in a
16newspaper of general circulation therein. The test shall be open to the public. The
17test shall be conducted by processing a preaudited group of ballots so marked as to
18record a predetermined number of valid votes for each candidate and on each
19referendum. The test shall include for each office one or more ballots which have
20votes in excess of the number allowed by law and, for a partisan primary election, one
21or more ballots which have votes cast for candidates of more than one recognized
22political party, in order to test the ability of the automatic tabulating equipment to
23reject such votes. If any error is detected, the municipal clerk shall ascertain the
24cause and correct the error. The clerk shall make an errorless count before the
25automatic tabulating equipment is approved by the clerk for use in the election.
SB640, s. 20
1Section
20. 6.22 (2) (e) of the statutes is created to read:
SB640,19,72
6.22
(2) (e) A military elector may file an application for an absentee ballot by
3means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
4(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
5an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to
6the elector by means of electronic mail or facsimile transmission in the manner
7prescribed in s. 6.87 (3) (d).
SB640, s. 21
8Section
21. 6.22 (4) (a) of the statutes is amended to read:
SB640,19,159
6.22
(4) (a) A request for an absentee ballot by an individual who qualifies as
10a military elector shall be treated as a request for an absentee ballot for all elections
11unless the individual otherwise requests. Upon receiving a timely request for an
12absentee ballot under par. (b) by an individual who qualifies as a military elector, the
13municipal clerk shall send or transmit to the elector an absentee ballot for all
14elections that occur in the municipality or portion thereof where the elector resides
15beginning on the date that the clerk receives the request.
SB640, s. 22
16Section
22. 6.22 (4) (e) of the statutes is amended to read:
SB640,20,217
6.22
(4) (e) Whenever the material is mailed, the material shall be prepared
18and mailed to make use of the federal free postage laws. If the material does not
19qualify for mailing without postage under federal free postage laws, the municipal
20clerk shall pay the postage required for mailing to the military elector. If the return
21envelope qualifies for mailing free of postage under federal free postage laws, the
22clerk shall affix the appropriate legend required by U.S. postal regulations.
23Otherwise the municipal clerk shall pay the postage required for return when the
24ballot is mailed from within the United States. If the ballot is not mailed by the
25military elector from within the United States the military elector shall provide
1return postage.
The mailing list established under this subsection shall be kept
2current in the same manner as provided in s. 6.86 (2) (b).
SB640, s. 23
3Section
23. 6.22 (6) of the statutes is amended to read:
SB640,20,154
6.22
(6) Military elector list. Each municipal clerk shall keep an up-to-date
5list of all eligible military electors who reside in the municipality
; city clerks shall
6keep the lists by wards in the format prescribed by the board. The list shall contain
7the name, latest-known military residence and military mailing address of each
8military elector. The list shall indicate whether each elector whose name appears on
9the list is a military elector, as defined in s.
6.36 (2) (c) 6.34 (1), and has so certified
10under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior
11to an election shall be listed and remain on the list for the duration of their tour of
12duty. The list shall be kept current through all possible means. Each clerk shall
13exercise reasonable care to avoid duplication of names or listing anyone who is not
14eligible to vote. Each clerk shall distribute
2 copies of one copy of the list to the
15appropriate ward each polling place in the municipality for use on election day.
SB640, s. 24
16Section
24. 6.221 (1) of the statutes is amended to read:
SB640,20,1817
6.221
(1) In this section, "military elector" has the meaning given in s.
6.36 (2)
18(c) 6.34 (1) and active duty status for any election is determined as of election day.
SB640, s. 25
19Section
25. 6.221 (3) (b) of the statutes is amended to read:
SB640,20,2520
6.221
(3) (b) At the general election,
the presidential preference primary, or a
21special election for national office, a ballot that is cast under s. 6.22 by an elector who
22is a military elector, that is received by mail from the U.S. postal service, and that
23is postmarked no later than election day shall be counted as provided in this section
24if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the
25election.
SB640, s. 26
1Section
26. 6.24 (4) (c) of the statutes is amended to read:
SB640,21,222
6.24
(4) (c) Upon receipt of a timely application from an individual who
3qualifies as an overseas elector and who has registered to vote in a municipality
4under sub. (3), the municipal clerk of the municipality shall send an absentee ballot
5to the individual for all subsequent elections for national office to be held during the
6year in which the ballot is requested,
except as otherwise provided in this paragraph, 7unless the individual otherwise requests or until the individual no longer qualifies
8as an overseas elector
. of the municipality. The clerk shall not send an absentee ballot
9for an election if the overseas elector's name appeared on the registration list in
10eligible status for a previous election following the date of the application but no
11longer appears on the list in eligible status. The municipal clerk shall ensure that
12the envelope containing the absentee ballot is clearly marked as not forwardable.
13If an overseas elector who files an application under this subsection no longer resides
14at the same address that is indicated on the application form, the elector shall so
15notify the municipal clerk. The municipal clerk shall discontinue mailing absentee
16ballots to an overseas elector under this subsection if the elector fails to return any
17absentee ballot mailed to the elector. The municipal clerk shall notify the elector of
18any such action not taken at the elector's request within 5 days, if possible. An
19overseas elector who fails to cast an absentee ballot but who remains qualified to
20receive absentee ballots under this subsection may then receive absentee ballots for
21subsequent elections by notifying the municipal clerk that the elector wishes to
22continue receiving absentee ballots for subsequent elections.
SB640, s. 27
23Section
27. 6.24 (4) (e) of the statutes is created to read:
SB640,22,424
6.24
(4) (e) An overseas elector may file an application for an absentee ballot
25by means of electronic mail or facsimile transmission in the manner prescribed in s.
16.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
2elector an absentee ballot or, if the elector so requests, shall transmit an absentee
3ballot to the elector by means of electronic mail or facsimile transmission in the
4manner prescribed in s. 6.87 (3) (d).
SB640, s. 28
5Section
28. 6.25 (1) of the statutes is amended to read:
SB640,22,156
6.25
(1) Any individual who qualifies as a military elector under s. 6.22 (1) (b)
7or an overseas elector under s. 6.24 (1) and who transmits an application for an
8official absentee ballot for
a general election
an election for national office, including
9a primary election, no later than
30 days before election day the latest time specified
10for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
11absentee ballot prescribed under
42 USC 1973ff-2 for any candidate or for all of the
12candidates of any recognized political party for national office listed on the official
13ballot at
the general that election if the federal write-in absentee ballot is received
14by the appropriate municipal clerk no later than the
applicable time prescribed in
15s.
6.221 (3) or 6.87 (6).
SB640, s. 29
16Section
29. 6.25 (4) (intro.), (a) and (b) of the statutes are consolidated,
17renumbered 6.25 (4) and amended to read:
SB640,22,2218
6.25
(4) A write-in absentee ballot issued under sub. (1), (2) or (3) is valid only
19if
all of the following apply: (a) The ballot is submitted from a location outside the
20United States. (b) The the elector submitting the ballot does not submit an official
21ballot within the time prescribed in s. 6.87 (6)
and, if the elector is an overseas elector,
22the ballot is submitted from a location outside the United States.
SB640, s. 30
23Section
30. 6.256 of the statutes is created to read:
SB640,23,3
246.256 Board shall facilitate registration of electors. (1) Except as
25provided for electors specified in sub. (8) and as otherwise expressly provided, the
1board shall use all feasible means to facilitate the registration of all eligible electors
2of this state who are subject to a registration requirement and the maintenance of
3the registration of all eligible electors for so long as they remain eligible.
SB640,23,6
4(2) For the purpose of carrying out its functions under sub. (1), the board shall
5obtain the following information from the department of transportation, to the
6extent that the department has the information:
SB640,23,107
(a) The full name of each individual who holds a current operator's license
8issued to the individual under ch. 343 or a current identification card issued to the
9individual under s. 343.50, together with the following information pertaining to
10that individual:
SB640,23,1211
1. The current address of the individual together with any address history
12maintained by the department of transportation.