AB225: Bill Text

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

Under current law, a person may apply to the municipal clerk in person to vote using an absentee ballot. In-person applications to vote using an absentee ballot may be made beginning on the third Monday preceding the election and ending on the later of 5 p.m. or the close of business on the Friday preceding the election.

Under this bill, in-person applications to vote using absentee ballots may be received only Monday to Friday between the hours of 7:30 a.m. and 6 p.m., except that an individual may make an appointment with the actual city, town, or village clerk, as appropriate, so that the clerk, not a member of the clerk's staff or a designated agent, may receive the individual's application made in person after 6 p.m. or anytime on Saturday or Sunday, not including the Saturday and Sunday after the Friday preceding the election.

Reporting of election returns by municipalities

Currently, the voters of each ward vote at the same polling place, which is generally separate from other polling places in a municipality. Election returns are reported by ward unless otherwise authorized by law. Currently, no later than 60 days before each September primary and general election, and no later than 30 days before each other election, the governing body of a municipality may combine two or more wards for voting purposes to permit the use of a common polling place. In municipalities with a population of 35,000 or more, a municipality must continue to report all election returns by ward even where wards are combined for voting purposes at a single location. Other municipalities may report returns for combined wards together unless a separate ballot is required in a partisan election, in which case separate returns must be reported for the offices listed on each separate ballot so that the results of the various elections may be determined.

Under this bill, any municipality having a population of 35,000 or more may provide that election returns for any ward having a population of 20 or less will be combined with returns for any adjacent ward, unless separate returns are required to determine the results of an election. A municipality, however, may not combine wards if the total population of the combined wards would exceed the applicable population range for wards in that municipality. The bill allows the municipal clerk to estimate ward populations for the purpose of combining returns if the population cannot be determined from census results.

Fees for election recounts

Currently, any candidate who receives votes in an election and any elector who votes in a referendum may petition for a recount of the votes cast. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least ten votes if 1,000 or fewer votes are cast or more than 0.5 percent but not more than 2 percent of the total votes if more than 1,000 votes are cast, the petitioner must pay a fee of $5 per ward or $5 per municipality if a municipality is not divided into wards. The bill increases that amount to $25 per ward or $25 per municipality if a municipality is not divided into wards.

Special elections

This bill makes various changes in the laws governing special elections.

1. Currently, when a vacancy in the office of a U.S. senator or representative in congress from this state occurs, the vacancy is filled by special election ordered by the governor unless the vacancy occurs between the second Tuesday in April and the second Tuesday in May in the year of the general election in which case it is filled at the general election. This bill provides, in addition, that whenever a U.S. senator or representative in congress is elected to another office after the beginning of his or her term, and the term of the new office or the period during which the senator or representative is eligible to assume office begins prior to the end of the senator's or representative's original term of office, the governor may call a special election to fill the seat of the senator or representative in anticipation of a vacancy, upon receipt of notice of the written resignation of that senator or representative that is effective on a date not later than the date of the proposed special election.

2. Currently, when a special election must be ordered to fill a vacancy in any of the following, the special election must be held within a designated period following the order: the office of a U.S. senator or representative of this state; certain executive state offices; judicial and legislative state offices; county, city, village, and town offices; the office of municipal judge; and the office of member of the board of school directors of the Milwaukee Public Schools. Under current law, with two exceptions, the date for the special election may not be not less than 62 nor more than 77 days from the date of the order:

a. If the special election is to be held on the day of the general election or to fill a vacancy in a national office, the order must precede the partisan primary or special primary, respectively, by not more than 122 days and by no fewer than 92 days.

b. If the special election is to be held on the day of the spring election, the order must precede the spring primary by not more than 92 days and by not fewer than 49 days.

This bill eliminates the maximum number of days between which a special election may be ordered and held.

3. Current law imposes restrictions on the timing of a special election ordered to fill a vacancy in a judicial office that occurs after the date of the spring election but on or before December 1:

a. If the vacancy occurs in the office of circuit judge, the vacancy must be filled at the succeeding spring election.

b. If the vacancy occurs in the office of court of appeals judge, the vacancy must be filled at the first succeeding spring election when no other court of appeals judge is to be elected from the same court of appeals district.

c. If the vacancy occurs in the office of supreme court justice, the vacancy must be filled at the first succeeding spring election when no other justice is to be elected.

If a vacancy occurs in any of these judicial offices after December 1 but on or before the succeeding spring election, the vacancy must be filled at the second succeeding spring election that corresponds with the spring elections described above. Finally, if, as a result of the resignation of the incumbent, a vacancy occurs in any of these judicial offices after December 1 but on or before the date of the succeeding spring election, and if the incumbent is not a candidate to succeed himself or herself, the vacancy must be filled at the regularly scheduled election.

This bill changes each December 1 date to August 1.

4. Current law refers to the authority of the attorney general to order a special election. This bill eliminates that reference.

5. Under current law, "special election" means any election other than a general election, partisan primary, spring election, or spring primary to fill vacancies or to conduct a referendum. This bill changes the definition of "special election" to mean any election other than a general election, partisan primary, spring election, or spring primary to fill vacancies.

Scheduling of referendums

Currently, a local government may schedule, or may be required to schedule, a referendum to be held under various laws for various purposes. These purposes include to apply for a state trust fund loan, to approve the issuance of bonds, to exceed an applicable levy limit, or to annex territory. In some cases, a referendum must be held at a special election scheduled for that purpose. In other cases, a referendum may be held concurrently with a specified election, such as the spring election. In still other cases, a referendum may be held with any election or at a special election scheduled for that purpose. Current law occasionally requires the local government to schedule a referendum within a specified period of time after a precipitating action, such as two months after the filing of a petition or application or no sooner than 42 days after the filing of a resolution. Although more restrictive limitations do apply, current law generally requires any measure or question to be submitted to a vote of the people, and any petition requesting that a measure or question be submitted to a vote of the people, to be filed with the official or agency responsible for preparing the ballots for the election no later than 70 days prior to the election at which the measure or question will appear on the ballot.

This bill provides that a local governmental unit may schedule a referendum only concurrently with a spring primary (held in most election districts in each year), a spring election (held in each year), a partisan primary (held on the second Tuesday in August in an even-numbered year), or a general election (held in even-numbered years on the Tuesday after the first Monday in November) or at a special election held to fill vacancies. The bill generally permits a referendum to be held at any of the specified elections, including the next available election following the precipitating action if holding the referendum at that election would be consistent with any applicable restrictions on the number of days that must pass after a precipitating action or the general provision that a measure, question, or petition be filed with the official or agency responsible for preparing the ballots no later than 70 days prior to the election at which the measure or question will appear on the ballot.

Recounting votes cast with automatic tabulating equipment

Currently, with a limited exception, a board of canvassers must use automatic tabulating equipment to conduct a recount of ballots that are in machine-readable form. However, a candidate, or an elector if the recount is for a referendum question, may petition the circuit court for an order requiring ballots in machine-readable form to be recounted by hand or by another method approved by the court. To obtain such an order, the candidate or elector must show by clear and convincing evidence that due to an irregularity, defect, or mistake committed during the voting or canvassing process the results of a recount using automatic tabulating equipment will produce incorrect results and there is a substantial probability that recounting the ballots by hand or by another method will produce a more correct result and change the outcome of the election.

This bill permits the board of canvassers conducting a recount to determine to conduct the recount of a specific election by hand unless a court orders the recount to be conducted by another method.

Residency of election officials

Current law generally requires election officials to be qualified electors of the municipality in which the officials serve. In addition, current law generally requires election officials who serve at a polling place to be qualified electors of the ward for which the polling place is established, whenever a municipality is divided into wards. However, special registration deputies who register electors at a polling place on election day, election officials who are appointed to work at a polling place that serves more than one ward, election officials who are reassigned by a municipal clerk or board of election commissioners to correct staffing deficiencies, or election officials who are appointed to fill a temporary or permanent vacancy need not be electors of any particular ward, but must be qualified electors of the municipality in which they serve. Officials who are appointed to work at a polling place that serves more than one ward must be electors of one of the wards served by the polling place. A high school pupil who is 16 or 17 years of age may serve as an inspector (poll worker) at the polling place serving his or her residence. In addition, if the municipal clerk or the executive director of a board of election commissioners or a deputy to the clerk or executive director serves as a special registration deputy or is appointed to work at a polling place to fill a vacancy in an inspector position, the clerk, executive director, or deputy need not be a resident of the municipality in which he or she serves.

This bill provides, with certain exceptions, that an individual who serves as an election official at a polling place on election day need be an elector only of a county in which the municipality where the official serves is located. An individual who serves as the chief inspector at a polling place must be a qualified elector of the municipality where he or she serves unless no qualified candidate is available or the chief inspector is appointed to fill a temporary vacancy. A high school pupil who serves as an inspector must continue to meet the current residency requirement.

Recall petition requirements

Under current law, a petition for the recall of a city, village, town, town sanitary district, or school district officer, in addition to other requirements, must indicate a reason for the recall that is related to the officer's official responsibilities. Under this bill, any person who wishes to circulate a petition for the recall of a city, village, town, town sanitary district, or school district officer must include with the person's registration under the campaign finance laws a statement indicating that the officer for whom the recall is sought has been charged with committing a crime or violating a code of ethics law applicable to local officials. The person must also include a copy of the criminal or civil complaint alleging the crime or violation.

other changes

Prohibitions on certain expenditures by school districts

Current law generally limits the amount of per pupil revenue a school district may receive from general school aids and property taxes to the amount of revenue allowed per pupil in the previous school year. A school board may adopt a resolution to exceed the revenue limit; a resolution adopted by the school board must be submitted to the electors of the school district at a referendum before the school district may exceed its revenue limit. This bill prohibits a school board from spending any state aid or property tax revenue to publish or disseminate information related to or to promote any referendum called by the school district to exceed its revenue limit.

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:

AB225,1 Section 1. 5.02 (6m) (g) of the statutes is created to read:

AB225,12,3 5.02 (6m) (g) A veterans identification card issued by the veterans health administration of the federal department of veterans affairs.

AB225,2 Section 2. 5.02 (19) of the statutes is amended to read:

AB225,12,6 5.02 (19) "Special election" means any election, other than those described in subs. (5), (18) (12s), (21) and (22), to fill vacancies or to conduct a referendum.

AB225,3 Section 3. 5.052 (3) (a) to (e) of the statutes are amended to read:

AB225,12,8 5.052 (3) (a) To fill one vacancy, 2 4 nominations.

AB225,12,9 (b) To fill 2 vacancies, 3 6 nominations.

AB225,13,1 (c) To fill 3 vacancies, 5 10 nominations.

AB225,13,2 (d) To fill 4 vacancies, 6 12 nominations.

AB225,13,3 (e) To fill 5 vacancies, 7 14 nominations.

AB225,4 Section 4. 5.15 (6) (b) of the statutes is amended to read:

AB225,14,7 5.15 (6) (b) No later than 30 days before each election, the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of 35,000 or more, the governing body may provide in a resolution that returns for any ward having a population of 20 or less be combined with returns for any adjacent ward, if the total population of the combined wards does not exceed the applicable population range under sub. (2) (b) for wards in that municipality. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, that returns shall be maintained only for combined wards under this paragraph, the municipality shall report separate returns shall be maintained results for each separate ballot required under ss. 5.62 and 5.58 to 5.64 at the partisan primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section. Whenever needed for purposes of this paragraph, the municipal clerk shall determine the population of each ward in his or her municipality. If the population of a ward cannot be determined from census results, the clerk shall determine the population of the smallest unit encompassing the entire ward that can be determined from census results. The clerk shall then divide the land area of the ward by the land area of that unit. The clerk shall then multiply that result by the population of the unit to determine the population of the ward for purposes of this paragraph.

AB225,5 Section 5. 5.35 (6) (a) 2. of the statutes is amended to read:

AB225,14,13 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), and (x), together with the applicable penalties provided in s. 12.60 (1). The materials described in this subdivision shall be positioned so that the electors entering the polling place approach and pass by the materials.

AB225,6 Section 6. 5.90 (1) of the statutes is amended to read:

AB225,15,6 5.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. Unless a court orders a recount to be conducted by another method under sub. (2), the board of canvassers may determine to conduct the recount of a specific election by hand. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

AB225,7 Section 7. 6.15 (2) (bm) of the statutes is amended to read:

AB225,15,16 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and , shall verify that any photograph appearing on that document reasonably resembles the elector , and shall enter the type of identifying document submitted by the elector as proof of residence on the application form.

AB225,8 Section 8. 6.29 (2) (b) of the statutes is amended to read:

AB225,15,25 6.29 (2) (b) Upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall enter the type of identifying document submitted by the elector as proof of residence on the registration form and issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

AB225,9 Section 9. 6.34 (2) of the statutes is amended to read:

AB225,16,16 6.34 (2) Upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3). Each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, who registers by mail, and who has not voted in an election in this state shall, if voting in person, provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3) or, if voting by absentee ballot, provide a copy of an identifying document specified under sub. (3) that establishes proof of residence under sub. (3). If the elector registered by mail, the identifying document may not be a residential lease. Any identifying document provided to establish proof of residence under this section may not be displayed electronically, but must be provided in hard-copy form.

AB225,10 Section 10. 6.34 (3) (a) 8. of the statutes is amended to read:

AB225,16,20 6.34 (3) (a) 8. A utility bill, including a bill for cellular or wireless telephone service, for the period commencing not earlier than 90 days before the day registration is made.

AB225,11 Section 11. 6.34 (3) (a) 12. of the statutes is created to read:

AB225,16,23 6.34 (3) (a) 12. A credit card statement for the period commencing not earlier than 90 days before the day registration is made.

AB225,12 Section 12. 6.36 (1) (a) of the statutes is amended to read:

AB225,17,17 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, an indication of whether the elector was required under s. 6.34 to provide proof of residence and, if so, the type of identifying document submitted as proof of residence, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

AB225,13 Section 13. 6.36 (2) (a) of the statutes is amended to read:

AB225,18,10 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the type of identifying document submitted by the elector as proof of residence when proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word "exempt"; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The board shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB225,14 Section 14. 6.36 (2) (c) of the statutes is amended to read:

AB225,18,17 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. If proof of residence is provided, the type of identifying document submitted by the elector shall be entered on the list in the space provided. Proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election in this state.

AB225,15 Section 15. 6.55 (2) (b) of the statutes is amended to read: