AB225: Bill Text

LRB-1763/3

JTK/JK/TKK:all:wj

2013 - 2014 LEGISLATURE

2013 Assembly BILL 225

May 31, 2013 - Introduced by Representatives Stone, Kleefisch, J. Ott, Stroebel, Jagler, Knodl, Endsley, Kooyenga, Schraa, Kuglitsch, Weatherston, Honadel, Kapenga, Jacque, Knudson, A. Ott, Tittl, Czaja, Kestell, Mursau, LeMahieu, Hutton, Klenke, Neylon, Craig, August, Kerkman, Suder, Vos, Kramer, Murtha, Nygren, Strachota, Ballweg, Pridemore, Sanfelippo, Thiesfeldt, Ripp, Born and Bies. Referred to Committee on Campaigns and Elections.

AB225,3,2 An Act to repeal 11.09, 11.38 (2) (c), 67.05 (3) (a) 2. and 67.05 (3) (a) 4.; to renumber and amend 6.97 (3) (b), 9.20 (4), 11.01 (16) (b), 11.05 (8) and 67.05 (5) (b); to amend 5.02 (19), 5.052 (3) (a) to (e), 5.15 (6) (b), 5.35 (6) (a) 2., 5.90 (1), 6.15 (2) (bm), 6.29 (2) (b), 6.34 (2), 6.34 (3) (a) 8., 6.36 (1) (a), 6.36 (2) (a), 6.36 (2) (c), 6.55 (2) (b), 6.55 (2) (c) 1., 6.79 (2) (a), 6.79 (2) (d), 6.82 (1) (a), 6.86 (1) (b), 7.08 (1) (c), 7.15 (2) (d), 7.30 (2) (a) and (b), 7.41 (3) (intro.) and (a), 7.51 (3) (a), 7.52 (8), 8.05 (3) (d), 8.05 (3) (e), 8.06, 8.50 (intro.), 8.50 (1) (a), 8.50 (1) (c), 8.50 (2) (a), 8.50 (4) (f) 1. and 2., 9.01 (1) (ag) 1m., 9.01 (1) (b) (intro.), 9.01 (1) (b) 1., 9.10 (2) (b), 9.10 (2) (d), 11.01 (16) (intro.), 11.01 (16) (a) (intro.), 11.05 (3) (c), 11.06 (1) (intro.), 11.06 (1) (j), 11.12 (1) (d), 11.12 (3), 11.12 (4), 11.16 (1) (d), 11.29 (1), 11.38 (title) and (1) (a) 1., 11.38 (1) (b), 11.38 (8) (b), 13.625 (1) (c) (intro.), 17.02 (1), 17.18, 24.66 (3) (b), 24.66 (4), 32.72 (1), 38.15 (1), 38.16 (3) (br) 1., 59.08 (7) (b), 59.605 (3) (a) 1., 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09 (1) (a), 62.13 (6) (b), 64.03 (1), 64.39 (3), 66.0101 (8), 66.0211 (1), 66.0213 (6), 66.0215 (2), 66.0217 (3) (b), 66.0217 (7) (a) 3., 66.0217 (7) (d), 66.0219 (4) (b), 66.0225 (2), 66.0227 (3), 66.0305 (6) (b), 66.0307 (4) (e) 2., 66.0602 (4) (a), 66.0619 (2m) (b), 66.0815 (1) (c), 66.0921 (2), 66.1103 (10) (d), 66.1113 (2) (g), 66.1113 (2) (h), 67.05 (3) (f), 67.05 (4), 67.05 (5) (a), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5) (b), 67.12 (12) (e) 2., 67.12 (12) (e) 5., 82.03 (2) (b), 86.21 (2) (a), 92.11 (4) (c), 117.20 (2), 119.48 (4) (b), 119.48 (4) (c), 119.49 (1) (b), 119.49 (2), 120.13 (intro.), 121.91 (3) (a), 197.04 (1) (b), 197.04 (2), 197.10 (2) and 198.19 (1); to repeal and recreate 11.01 (16) (a) 1.; and to create 5.02 (6m) (g), 6.34 (3) (a) 12., 6.79 (3) (c), 6.86 (1) (bb), 6.87 (6d), 7.51 (2) (cm), 8.065, 8.50 (4) (bm), 11.01 (11g) and (11r), 11.01 (16) (b) 1., 11.05 (11g), 11.06 (1g), 11.25 (4), 11.33 (2m) and 11.38 (1) (a) 4. to 7. of the statutes; relating to: various changes in the campaign finance laws; exemption of certain electors from the requirement to present proof of identification when voting in an election; identifying documentation to establish proof of residency for voter registration; recording the type of identifying document provided as proof of residence; limiting the times for voting by absentee ballot in person; the method of reporting election returns by municipalities; fees for election recounts; the method of recounting votes cast with automatic tabulating equipment; residency of election officials; recall petition requirements; the procedure for recounting ballots when electors voting in person are required to sign the poll list and fail to do so; challenging an elector's registration during recount proceedings; witness addresses on absentee ballot certificates; nominees submitted by the Government Accountability Board candidate committee; securing ballot containers; party representation for election officials serving at polling places; and scheduling of referendums.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the campaign finance, election, and lobbying regulation laws. Significant provisions include:

campaign finance

Disclosure of political activity

Currently, with certain exceptions, individuals who accept contributions, organizations that make or accept contributions, and individuals who or organizations that incur obligations or make disbursements for the purpose of influencing an election for state or local office are required to register with the appropriate filing officer or agency and to file financial reports with that officer or agency, regardless of whether they act in conjunction with or independently of any candidate who is supported or opposed.

This bill provides that registration and reporting requirements apply to any communication that contains certain explicit terms with reference to a clearly identified candidate that expressly advocates the election or defeat of that candidate and unambiguously relates to that candidate. The bill also provides that these requirements do not apply to a communication made by an individual other than a candidate, or by an organization not organized exclusively for a political purpose and the communication does not expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a question at a referendum. The change in the scope of reportable activity under the bill also affects contribution limitations and prohibitions by causing the term "contribution" to exclude the cost of any communication that is not reportable under the bill.

Corporations, cooperatives, and other entities; limited political activity

Under current law, corporations and cooperatives are prohibited from making contributions or disbursements (expenditures) in campaigns for state or local office. Violators are subject to a forfeiture (civil penalty) of not more than $500 for each violation. Intentional violators are guilty of a Class I felony, which is punishable by a fine of not more than $10,000 or imprisonment for not more than three and one-half years, or both, except that if a violation involves $100 or less, the violation is punishable as a misdemeanor with a fine of not more than $1,000 or imprisonment for not more than six months, or both. A recent decision of the U.S. Supreme Court casts doubt upon whether this law is enforceable as it applies to disbursements. See Citizens United v. F.E.C., 130 S. Ct. 876 (2010). Current law also provides that if an individual other than a candidate or an organization that is not organized primarily for political purposes does not engage in express advocacy with respect to a clearly identified candidate or referendum question and does not make any contributions, the individual or organization is exempt from registration and reporting requirements.

This bill deletes the current prohibition on disbursements by corporations and cooperatives. The bill permits a corporation, cooperative, or other entity that is not organized exclusively for political purposes to make independent disbursements. Under the bill, a corporation, cooperative, or other entity that makes independent disbursements is not subject to periodic reporting requirements on account of such activity. However, a corporation, cooperative, or other entity that makes independent disbursements in an amount or value exceeding $750 in the aggregate within a calendar year must register with the appropriate filing officer, file reports concerning the independent disbursements, and include an attribution on communications financed by the disbursements. The bill also permits corporations and cooperatives to make contributions to committees that make disbursements independently of any candidate or authorized committee or agent of a candidate. Under the bill, no such committee may make a contribution to a candidate. The bill provides that corporations and cooperatives that make such contributions are not subject to periodic reporting requirements for that activity, including disclosure of sources of income, except with respect to any contribution that is received for the express purpose of making those contributions, but any committee that receives such a contribution is subject to registration and periodic reporting requirements, as currently provided for such committees.

Communications with members of certain entities

Current law permits any corporation, cooperative, unincorporated cooperative association, or voluntary association to make a disbursement for the purpose of communicating only with its members to endorse a candidate, explain its views or interests, or take a position on a referendum without being subject to reporting requirements for this activity. This bill clarifies that any such communication, while remaining exempt from the reporting requirement, may include information on how a member may contribute to an endorsed candidate.

Communications by legislators

Currently, with certain exceptions, no person who is elected to state or local office and who becomes a candidate for national, state, or local office may use public funds for the cost of materials or distribution of 50 or more pieces of substantially identical material distributed during the period beginning on the first day for circulation of nomination papers as a candidate (or certain other dates for candidates who do not file nomination papers) and ending on the date of the election at which the person's name appears on the ballot, or on the date of the primary election at which the person's name so appears if the person is not nominated at the primary.

This bill provides that this prohibition does not apply to the cost of materials or distribution of a communication made by a member of the legislature to an address located within the legislative district represented by that member during the 45-day period following declaration of a state of emergency by the governor affecting any county in which the district is located if the communication relates solely to the subject of the emergency.

lobbying

Campaign contributions by lobbyists

Currently, a lobbyist may make a campaign contribution to a partisan elective state official or candidate for partisan elective state office in the year of the official's or candidate's election between June 1 and the day of the election. This bill extends the time during which a lobbyist may make such a contribution to between the first day authorized by law for the circulation of nomination papers as a candidate and the day of the election.

election administration

Proof of identification requirement

Currently, with certain exceptions, an elector who votes in an election must present proof of identification in order to vote. The proof may consist of one of a number of documents specified by law that contains the name of the individual to whom the document was issued, which name conforms to the individual's voter registration, if the individual is registered to vote, and with limited exceptions, that contains a photograph of the individual. With certain exceptions, an elector who casts an absentee ballot by mail must enclose a copy of his or her proof of identification in the envelope containing his or her ballot. One form of acceptable proof of identification is a Wisconsin driver's license or identification card issued by the Department of Transportation. An individual who applies for a Wisconsin operator's license or identification card may be exempted from the current requirement to be photographed under narrowly defined circumstances.

This bill permits a veterans identification card issued by the Veterans Health Administration of the federal Department of Veterans Affairs to be used as proof of identification if the card contains the name of the person to whom it is issued and a photograph of the individual.

The bill also exempts an elector from the requirement to provide proof of identification if the elector appears at the polling place serving his or her residence on election day and swears or affirms before the chief inspector and submits a signed statement affirming either that 1) he or she considers himself or herself to be indigent and cannot obtain proof of identification without payment of a fee; 2) he or she has a religious objection to being photographed; or 3) he or she cannot obtain the documentation required to obtain proof of identification. The bill provides that if an elector submits such a statement, the elector's ballot is marked in the same manner as a challenged ballot and the board of canvassers that determines the election or conducts a recount may review and determine the validity of the elector's ballot. The bill also provides that the municipal clerk or board of election commissioners of the elector's municipality of residence may investigate the qualifications of any elector who submits a statement under the bill and advise the municipal board of canvassers of his or her findings.

Proof of residency for voter registration

With limited exceptions, current law requires each person who is an eligible elector and who wishes to vote in this state to first register. In certain circumstances, an eligible elector must submit proof of residence with his or her registration form or prior to being permitted to vote. For example, a person who registers in the clerk's office of his or her municipality within 20 days of an election must provide proof of residence in order to obtain registration. Current law provides a list of qualifying identifying documents and specifies the information that must appear on those documents. Identifying documents must contain the registrant's name and current address and qualifying identifying documents include a real estate tax bill, a bank statement, and a current and valid Wisconsin driver license or identification card.

This bill prohibits an elector from providing an identifying document that is displayed electronically to establish proof of residence; the identifying document must be provided in hard-copy form. The bill adds to the list of qualifying identifying documents a bill for cellular or wireless telephone service for the period commencing no earlier than 90 days before election day and a credit card statement for the period commencing no earlier than 90 days before election day.

Under current law, the GAB must compile and maintain an official registration list. The registration list must contain specific information about each registered elector in the state, including the elector's name, address, date of birth, and an indication of how the elector's registration form was received. This bill requires the board to include on the official registration list an indication of whether an elector was required to provide proof of residence and, if so, the type of identifying document submitted by the elector as proof of residence.

Poll book signature requirement

Currently, with limited exceptions, an elector voting in person at a polling place must enter his or her signature on the poll list or a similar list before being permitted to vote. After entering his or her signature, the election officials mark the poll list to indicate that the elector has voted and, unless voting machines are used, give the elector a ballot. Under current law, with certain exceptions, the election laws are to be interpreted to give effect to the will of the electors if that can be ascertained from the proceedings, notwithstanding failure to fully comply with some of their provisions. When the ballots cast at an election are used to recount the votes cast for an office or question, the officials compare the number of ballots cast to the number of voting electors, according to the poll list. After certain other categories of defective ballots are removed from the count, if the number of voting electors still exceeds the number of ballots, the officials conducting the recount draw a number of ballots at random from the remaining ballots until the number of voting electors equals the number of ballots.

This bill provides that, for purposes of a recount, an elector shall not be considered to be a voting elector if he or she is required to sign the poll list and does not do so.

Challenging an elector's registration during a recount

Currently, any person may object to the validity of an elector's registration by filing an objection with the municipal clerk or board of election commissioners before election day or with the inspectors at a polling place on election day. If a challenge is made to an elector's registration on election day, the elector's ballot is marked for review of the challenge during any recount that may be held. Currently, during the recount of an election, the board of canvassers conducting the recount compares the number of voted ballots to the number of voting electors as indicated on the poll lists or supplemental lists. If, after certain other defective ballots are set aside, the number of voted ballots still exceeds the number of voting electors, the board draws down, at random, a number of voted ballots equal to the excess number before recounting the voted ballots and these ballots are not counted during the recount.

This bill provides that, in determining the number of voting electors, the board of canvassers must hear and decide any objection to the validity of the registration of an elector who registered on election day. Under the bill, if the board of canvassers determines that the registration of an elector who registered on election day is invalid, the board reduces the number of voting electors by one in performing the drawdown of voted ballots, whenever a drawdown is required.

Witness addresses on absentee ballot certificates

Under current law, in order to vote using an absentee ballot, an individual must complete a certificate, which certifies that the individual is a qualified elector. The individual must sign the certificate in the presence of a witness who must also sign the certificate and provide his or her name and address. Under this bill, an absentee ballot may not be counted if the certificate is missing the address of a witness.

Nominees to the Government Accountability Board

Under current law, the governor appoints members of the GAB from nominations submitted by the board's candidate committee. Current law requires the candidate committee to submit at least two nominations to fill one vacancy on the GAB, three nominations to fill two vacancies, five nominations to fill three vacancies, six nominations to fill four vacancies, and seven nominations to fill five vacancies. This bill doubles the number of nominations the candidate committee must submit to the governor.

Securing ballot containers

Under current law, election inspectors take all ballots counted by them and secure the ballots together so that they cannot be separated or tampered with without breaking a seal. The inspectors then put the secured ballots into a ballot container and secure the container so that it cannot be opened without breaking a seal or lock or without destroying the container. Under this bill, only the chief inspector and one other inspector whose party affiliation is different than the chief inspector's party affiliation may secure the ballot container.

Party representation at the polls

Currently, polling places are staffed principally by election inspectors. Unless a municipality decides to increase or decrease the number of inspectors, there are seven inspectors at each polling place. With certain exceptions, the individuals who are appointed as inspectors at a polling place are drawn from nominations submitted by the political parties whose candidates for president or governor received the most votes in the area served by the polling place at the preceding general election, with the party whose candidate received the most votes entitled to fill one more position than the other party.

This bill provides that whenever two or more inspectors are required to perform a function within a polling place and both parties that are entitled to submit nominees have done so, the chief inspector must assign, insofar as practicable, an equal number of inspectors from the nominees of each party.

Registration

This bill requires the municipal clerk, clerk's agent, and other individuals authorized to accept receipt of a registration form from an elector to enter on the registration form or poll list, and in some cases both the registration form and poll list, the type of identifying document submitted by the elector as proof of residence when proof of residence is required of the elector.

Voting by absentee ballot in person