SB640: Bill Text

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 Section 1. 5.05 (1) (e) of the statutes is amended to read:

SB640,13,4 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide notices required at polling places by alternative means under s. 5.35 (6) (d), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), or review and investigate complaints received under s. 12.17 (4) and order corrective measures under s. 12.17 (5), subject to such limitations as the board deems appropriate.

SB640, s. 2 Section 2. 5.05 (1) (f) of the statutes is amended to read:

SB640,13,11 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration, and shall promulgate rules to enforce ss. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 12.09, and 12.19 and rules concerning the methods and means of providing corrective information to electors under s. 12.17 (5).

SB640, s. 3 Section 3. 5.05 (13) (title) of the statutes is amended to read:

SB640,13,13 5.05 (13) (title) Toll-free election information exchange and requests.

SB640, s. 4 Section 4. 5.05 (13) (c) and (d) of the statutes are created to read:

SB640,13,17 5.05 (13) (c) Maintain a freely accessible system under which a military elector or an overseas elector, as defined in s. 6.34 (1), who casts an absentee ballot may ascertain whether the ballot has been received by the appropriate municipal clerk.

SB640,13,19 (d) Designate and maintain at least one freely accessible means of electronic communication which shall be used for the following purposes:

SB640,13,22 1. To permit a military elector or an overseas elector, as defined in s. 6.34 (1), to request a voter registration application or an application for an absentee ballot at any election at which the elector is qualified to vote in this state.

SB640,13,25 2. To permit a military elector or an overseas elector under subd. 1. to designate whether the elector wishes to receive the applications under subd. 1. electronically or by mail.

SB640,14,4 3. To permit a municipal clerk to transmit to a military elector or an overseas elector under subd. 1. a registration application or absentee ballot application electronically or by mail, as directed by the elector under subd. 2., together with related voting, balloting, and election information.

SB640, s. 5 Section 5. 5.05 (16) of the statutes is created to read:

SB640,14,9 5.05 (16) Interagency agreements. The board may enter into an agreement with any agency, as defined in s. 16.70 (1e), to enable electronic matching of publicly available information in the records of the agency with records of the board to facilitate administration of elector registration by the board under s. 6.256 (1).

SB640, s. 6 Section 6. 5.056 of the statutes is amended to read:

SB640,14,19 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the 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 maintained by the department of transportation. The agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB640, s. 7 Section 7. 5.06 (2) of the statutes is amended to read:

SB640,15,4 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the board. A complaint is deemed disposed of if the board fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board concludes its investigation without a formal decision.

SB640, s. 8 Section 8. 5.07 of the statutes is renumbered 5.07 (1).

SB640, s. 9 Section 9. 5.07 (2) of the statutes is created to read:

SB640,15,13 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 7.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable relief as may be appropriate to compel compliance with the law. The action shall be filed in circuit court for the county where the violation occurs or is proposed to occur. In such actions, the court shall award costs and reasonable actual attorney fees to the plaintiff if the plaintiff prevails in the action.

SB640, s. 10 Section 10. 5.25 (4) (b) of the statutes is amended to read:

SB640,15,19 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any a language other than English, the board shall, for each such language, ensure that the notices specified in s. 5.35 (6) are given in that language and the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

SB640, s. 11 Section 11. 5.25 (4) (c) of the statutes is created to read:

SB640,16,3 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in a language other than English, the municipal clerk or board of election commissioners shall, for each such language, 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 those individuals and shall endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

SB640, s. 12 Section 12. 5.34 of the statutes is created to read:

SB640,16,5 5.34 Voter's bill of rights. Every qualified elector has the right to:

SB640,16,6 (1) Inspect a sample ballot before voting.

SB640,16,7 (2) Cast a ballot if he or she is in line when his or her polling place closes.

SB640,16,10 (3) Ask for and receive assistance in voting, including assistance in a language other than English if the elector resides in a jurisdiction where voting materials must be provided in that language under 42 USC 1073aa-1a.

SB640,16,12 (4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot before casting that ballot.

SB640,16,13 (5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.

SB640,16,15 (6) Vote free from coercion or intimidation by any election official or other person.

SB640,16,17 (7) Cast a ballot using voting materials or equipment that enables the elector's ballot to be counted accurately.

SB640, s. 13 Section 13. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB640,16,22 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:

SB640, s. 14 Section 14. 5.35 (6) (a) 4c. of the statutes is created to read:

SB640,16,24 5.35 (6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.

SB640, s. 15 Section 15. 5.35 (6) (a) 5. of the statutes is amended to read:

SB640,17,2 5.35 (6) (a) 5. Any other voting information directed to be posted by the board to be posted, or noticed under par. (d).

SB640, s. 16 Section 16. 5.35 (6) (b) of the statutes is amended to read:

SB640,17,15 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

SB640, s. 17 Section 17. 5.35 (6) (c) of the statutes is amended to read:

SB640,17,22 5.35 (6) (c) At Except as authorized in par. (d), at each polling place located in a municipality that is served by more than one polling place for an election, the municipal clerk or board of election commissioners shall prominently post a map of the geographic area served by the polling place for that election. The posting shall clearly show the boundaries of the ward or wards served by the polling place for that election.

SB640, s. 18 Section 18. 5.35 (6) (d) of the statutes is created to read:

SB640,18,5 5.35 (6) (d) As an alternative to any posting requirement under this subsection, the board may authorize another means of providing notice to affected electors of the information specified in this subsection if the board determines that an alternative means of providing the information will provide notice to affected electors of that information that is at least as effective as posting. Any authorization under this paragraph shall be in writing and shall specify the particular alternative means of notification of electors that may be used by a municipality.

SB640, s. 19 Section 19. 5.84 (1) of the statutes is amended to read:

SB640,18,25 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days after ballots become available prior to the date of the election day on at which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

SB640, s. 20 Section 20. 6.22 (2) (e) of the statutes is created to read: