This bill 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 bill, 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 bill
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 bill
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 bill 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 bill 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 bill 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 bill 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 bill 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 bill 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 bill
directs the legal counsel to GAB to request a hardship waiver on behalf of this state
for the 2010 September primary and general election and, if the waiver is not
granted, report that fact to the appropriate standing committees of the legislature.
In addition, the bill directs GAB to report to the same committees no later than
January 1, 2011, 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 by federal law.
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 bill 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 bill 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 bill 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 bill 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, 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 bill
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.
15. 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 bill 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 bill 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 bill 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.
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 bill 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.
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 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 bill also directs GAB to promulgate rules concerning corrective measures
that may be appropriate whenever violations occur. In addition, the bill 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 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. 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 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
unless otherwise permitted by GAB. The bill directs GAB to include a number of
specific items in its manual. The bill 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 bill 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 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.
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 bill adds two new posting requirements (see Voter intimidation,
suppression, and protection, above). The bill 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 bill, 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 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.