2013 - 2014 LEGISLATURE
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
AB225,3,2 1An Act to repeal 11.09, 11.38 (2) (c), 67.05 (3) (a) 2. and 67.05 (3) (a) 4.; to
2renumber and amend
6.97 (3) (b), 9.20 (4), 11.01 (16) (b), 11.05 (8) and 67.05
3(5) (b); to amend 5.02 (19), 5.052 (3) (a) to (e), 5.15 (6) (b), 5.35 (6) (a) 2., 5.90
4(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
5(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),
67.08 (1) (c), 7.15 (2) (d), 7.30 (2) (a) and (b), 7.41 (3) (intro.) and (a), 7.51 (3) (a),
77.52 (8), 8.05 (3) (d), 8.05 (3) (e), 8.06, 8.50 (intro.), 8.50 (1) (a), 8.50 (1) (c), 8.50
8(2) (a), 8.50 (4) (f) 1. and 2., 9.01 (1) (ag) 1m., 9.01 (1) (b) (intro.), 9.01 (1) (b) 1.,
99.10 (2) (b), 9.10 (2) (d), 11.01 (16) (intro.), 11.01 (16) (a) (intro.), 11.05 (3) (c),
1011.06 (1) (intro.), 11.06 (1) (j), 11.12 (1) (d), 11.12 (3), 11.12 (4), 11.16 (1) (d), 11.29
11(1), 11.38 (title) and (1) (a) 1., 11.38 (1) (b), 11.38 (8) (b), 13.625 (1) (c) (intro.),
1217.02 (1), 17.18, 24.66 (3) (b), 24.66 (4), 32.72 (1), 38.15 (1), 38.16 (3) (br) 1., 59.08
13(7) (b), 59.605 (3) (a) 1., 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09 (1) (a),
1462.13 (6) (b), 64.03 (1), 64.39 (3), 66.0101 (8), 66.0211 (1), 66.0213 (6), 66.0215

1(2), 66.0217 (3) (b), 66.0217 (7) (a) 3., 66.0217 (7) (d), 66.0219 (4) (b), 66.0225 (2),
266.0227 (3), 66.0305 (6) (b), 66.0307 (4) (e) 2., 66.0602 (4) (a), 66.0619 (2m) (b),
366.0815 (1) (c), 66.0921 (2), 66.1103 (10) (d), 66.1113 (2) (g), 66.1113 (2) (h), 67.05
4(3) (f), 67.05 (4), 67.05 (5) (a), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5) (b),
567.12 (12) (e) 2., 67.12 (12) (e) 5., 82.03 (2) (b), 86.21 (2) (a), 92.11 (4) (c), 117.20
6(2), 119.48 (4) (b), 119.48 (4) (c), 119.49 (1) (b), 119.49 (2), 120.13 (intro.), 121.91
7(3) (a), 197.04 (1) (b), 197.04 (2), 197.10 (2) and 198.19 (1); to repeal and
11.01 (16) (a) 1.; and to create 5.02 (6m) (g), 6.34 (3) (a) 12., 6.79 (3)
9(c), 6.86 (1) (bb), 6.87 (6d), 7.51 (2) (cm), 8.065, 8.50 (4) (bm), 11.01 (11g) and
10(11r), 11.01 (16) (b) 1., 11.05 (11g), 11.06 (1g), 11.25 (4), 11.33 (2m) and 11.38 (1)
11(a) 4. to 7. of the statutes; relating to: various changes in the campaign finance
12laws; exemption of certain electors from the requirement to present proof of
13identification when voting in an election; identifying documentation to
14establish proof of residency for voter registration; recording the type of
15identifying document provided as proof of residence; limiting the times for
16voting by absentee ballot in person; the method of reporting election returns by
17municipalities; fees for election recounts; the method of recounting votes cast
18with automatic tabulating equipment; residency of election officials; recall
19petition requirements; the procedure for recounting ballots when electors
20voting in person are required to sign the poll list and fail to do so; challenging
21an elector's registration during recount proceedings; witness addresses on
22absentee ballot certificates; nominees submitted by the Government
23Accountability Board candidate committee; securing ballot containers; party

1representation for election officials serving at polling places; and scheduling of
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

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.

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.
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