SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 295
February 2, 2016 - Offered by Senator LeMahieu.
SB295-SSA1,2,6
1An Act to repeal 6.26, 6.40, 6.55 (2) (a) 2. and 7.515;
to renumber 5.05 (14);
to
2renumber and amend 6.28 (1), 6.33 (5) (a) and 6.36 (1) (a);
to amend 5.056,
35.85 (2) (b) 1., 5.85 (2) (b) 2., 5.90 (1), 5.91 (intro.), 6.10 (3), 6.22 (5), 6.24 (3), 6.25
4(1) (a), 6.25 (1) (b), 6.275 (1) (b), 6.30 (1), 6.30 (4), 6.32 (1) and (2), 6.325, 6.33
5(1), 6.33 (2) (a), 6.33 (2) (b), 6.34 (2), 6.34 (3) (a) 7. b., 6.35 (1) (intro.), 6.36 (1)
6(b) 1. a., 6.36 (2) (c), 6.36 (6), 6.50 (3), 6.50 (10), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55
7(2) (cs), 6.55 (2) (d), 6.55 (6), 6.79 (1m), 6.79 (2) (d), 6.86 (3) (b), 6.87 (4) (b) 1.,
86.87 (6), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.31 (1), 7.315 (1) (a), 7.315 (1) (b)
91., 7.315 (1) (b) 2., 7.315 (3), 7.37 (13), 7.51 (5) (b), 7.53 (1) (a), 7.53 (3) (a), 7.60
10(1), 9.01 (1) (a) 1., 11.1104 (6), 17.29, 85.61 (1) and 343.027;
to repeal and
11recreate 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 5.056, 5.91 (intro.), 6.24 (3), 6.30
12(4), 6.30 (5), 6.33 (1), 6.33 (5) (a), 6.34 (2m), 6.34 (4), 6.35 (2), 6.36 (1) (a) (intro.),
136.36 (1) (a) 4., 6.36 (1) (a) 9., 6.36 (1) (am), 6.36 (1) (b) 1. a., 6.36 (6), 6.55 (2) (cs),
16.79 (1m), 7.08 (1) (c), 7.31 (1), 7.315 (1) (a), 7.315 (3), 9.01 (1) (a) 1., 85.61 (1)
2and 343.027; and
to create 5.02 (4g), 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c),
35.05 (18), 6.30 (5), 6.33 (5) (a) 2., 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36
4(1) (a) 13. to 16., 6.36 (1) (ae), 6.87 (6d), 7.315 (4), 7.51 (4) (c), 19.42 (10) (ab) and
519.42 (13) (p) of the statutes;
relating to: electronic voter registration and
6election administration and granting rule-making authority.
This substitute amendment makes the following changes to the election laws:
Electronic voter registration
This substitute amendment permits a qualified elector to register to vote
electronically, eliminates the position and responsibilities of special registration
deputies, and requires the Government Accountability Board (GAB) to enter into
agreements with other state election administrators to share information related to
the registration and voting of qualified electors.
Currently, a qualified elector may register to vote at any election by mail, in
person at the office of the municipal or county clerk or board of election
commissioners for the municipality or county where the elector resides, or by
completing a registration form with a special registration deputy no later than the
20th day before the election. A qualified elector may also register to vote at an
election in person at the office of the municipal clerk or board of election
commissioners for the municipality where the elector resides no later than 5 p.m. on
the Friday before the election. In order to register, an elector must provide his or her
name and address and certain other information required to ascertain his or her
eligibility and must sign the registration form. With certain exceptions, an elector
who registers after the 20th day before an election or an elector who registers by mail
and who has not voted before in an election in this state must provide proof of
residence prior to voting. Currently, the clerk or board of election commissioners
must verify each registration received by mail or submitted by a special registration
deputy by sending a first-class letter or postcard to the registrant at the registrant's
address.
This substitute amendment permits a qualified elector who has a current and
valid driver's license or identification card issued by the Department of
Transportation (DOT) to register to vote at an election electronically on a secure
Internet site maintained by GAB. The substitute amendment requires an electronic
registration to be completed no later than the 20th day before an election in order to
be valid for that election. Under the substitute amendment, a qualified elector enters
the same information that appears on the current registration form and authorizes
DOT to forward a copy of his or her electronic signature to GAB. The authorization
affirms that all information provided by the elector is correct and has the same effect
as if the elector signed the form personally. The substitute amendment also permits
an elector who is currently registered to vote and who has a current and valid driver's
license or identification card to electronically enter a change of name or address
using a similar procedure.
In accordance with the existing procedure for verifying registrations that are
received at the office of the municipal clerk or board of election commissioners, the
substitute amendment provides that when an electronic registration is received,
GAB or the clerk or board of election commissioners of the elector's municipality of
residence must verify each electronic registration by sending a first-class letter or
postcard to the registrant at the registrant's address. If an elector who registers
electronically provides his or her Wisconsin driver's license number, together with
his or her name and date of birth, and GAB is able to verify the information
electronically at the time of registration by electronically accessing DOT's records,
the elector need not provide proof of residence prior to voting. The substitute
amendment directs GAB and DOT to enter into an agreement that permits GAB to
verify the necessary information instantly by accessing DOT's electronic files.
Currently, each municipal clerk and board of election commissioners must
maintain a file of voter registration forms for the electors of the municipality. This
substitute amendment provides that the clerk or board must maintain registrations
that are entered electronically in the manner prescribed by GAB, by rule.
The changes to elector registration first apply with respect to registration for
voting at the first spring or partisan primary election that follows by at least six
months the day on which the substitute amendment becomes law.
This substitute amendment requires the chief election officer to enter into an
agreement with the Electronic Registration Information Center for the purpose of
maintaining this state's statewide voter registration list.
Election registration officials
Current law permits municipal clerks to appoint qualified electors to serve as
special registration deputies in a municipality for the purpose of registering electors
of that municipality prior to the close of registration. The municipal clerk may
authorize a special registration deputy to register electors at a polling place if the
registration process would be facilitated by that authorization. Individuals must
generally complete training provided by GAB prior to serving as a special
registration deputy. This substitute amendment eliminates the authority to appoint
and use special registration deputies.
The substitute amendment allows the municipal clerk or board of election
commissioners to appoint election registration officials to register voters. The
substitute amendment also requires election registration officials to receive the
same training as inspectors.
Testing
Under current law, GAB must, by rule, prescribe requirements for certifying
individuals to serve as chief inspectors for an election. GAB must include training
as part of those requirements, but the board may not require an individual who
receives the training to take an examination. The substitute amendment allows the
board to require such an examination.
Electronic poll lists
The substitute amendment also allows GAB to facilitate the creation and
maintenance of electronic poll lists.
Electronic voting systems
The substitute amendment allows GAB to certify any voting device, automatic
tabulating equipment, or related equipment and materials for use in an electronic
voting system, regardless of whether any such items are approved by the federal
Election Assistance Commission.
Under current law, for the purpose of counting the votes cast using an electronic
voting system, when an elector votes for more candidates for an office than are
allowed to hold that office, an election official must create a duplicate ballot to record
all the other votes that the elector cast and to eliminate the overvote. The official
then marks the original and the duplicate and secures them both in the ballot
container with the other ballots.
Under the substitute amendment, an election official may, instead, use the
override function of the electronic voting system in order to record all votes of the
elector on the original ballot other than the votes for the overvoted office. The official
then marks the original ballot as an overvoted ballot and secures that ballot with the
other ballots in the ballot container.
Proof of residency; residential care facility
Under current law, an individual who wants to register to vote must present
proof of residency. An individual may present any of number of different documents
to prove where the individual lives, including a valid and current driver's license or
identification card, a property tax bill, an utility bill, a bank statement, or a check
or other document issued by a governmental unit. Under current law, the proof of
residency must specify the individual's name and his or her complete and current
residential address, including the numbered street address and the municipality.
Under the substitute amendment, for purposes of registering to vote with
election registration officials, an occupant of a residential care facility may use a
contract or intake document prepared by the residential care facility that specifies
that the occupant currently resides in the facility. The substitute amendment does
not apply to occupants of a retirement home.
Proof of identification; veterans affairs card
The substitute amendment permits an individual to use 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 individual's name and photograph.
Receiving absentee ballots by mail
The substitute amendment changes the date by which an elector must return
and a municipal clerk must receive an absentee ballot by mail. Under current law,
an elector may vote by absentee ballot either in person or by returning a completed
ballot by U.S. mail. Current law requires a municipal clerk to accept and count the
votes on absentee ballots received by mail as long as the ballot is postmarked no later
than election day and received in the office of the municipal clerk by 4 p.m. on the
Friday following election day.
The substitute amendment retains the right of an elector to vote by absentee
ballot by mail, but requires the elector to return the ballot so that it is received no
later than 8 p.m. on election day. Under current law, the polls close at 8 p.m. on
election day.
Absentee ballots; witness certificate
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 the substitute
amendment, an absentee ballot may not be counted if the certificate is missing the
address of a witness.
Election administration and reporting
Current law requires the Government Accountability Board to compile and
maintain an electronic voter registration list. The list provides the name, address,
and date of birth of each registered elector in this state and the ward or aldermanic
district associated with each registered elector. The list also contains other
identification information for each elector and information transmitted to the board
from the Department of Corrections.
This substitute amendment requires that the board provide the following
information on the voter registration list:
1. The date on which an elector applied to vote by in-person absentee ballot.
2. The date on which the clerk mailed an absentee ballot to an elector and the
date on which the elector returned the absentee ballot.
3. The polling location associated with each elector's address and ward or
aldermanic district.
4. The mailing address for the municipal clerk associated with each polling
location.
Under current law, a municipal clerk must update the electronic voter
registration list maintained by the board promptly after receiving a valid
registration or change to an existing registration or after changing an elector's
registration status from eligible to ineligible. Under the substitute amendment,
whenever the clerk mails or receives an absentee ballot the clerk must update the
list no later than 48 hours after mailing or receiving the ballot or give the information
regarding the ballot to the clerk's designee who must update the list no later than
24 hours after receiving the information from the clerk.
The substitute amendment also requires that the board establish a
subscription service whereby a person may electronically access the absentee ballot
information the clerks provide to the board. In addition, the substitute amendment
requires a county clerk to post all election returns received by the clerk on election
night on an Internet site maintained by the county within two hours of receiving the
returns. The board must then link to the returns on an Internet site maintained by
the board.
Standards of conduct
This substitute amendment provides that all members of the Elections
Commission and all members of the Ethics Commission are subject to the standards
of conduct for state public officials. The substitute amendment also clarifies that a
member or employee of the Ethics Commission must file a statement of economic
interests. Current law specifically requires members and employees of the Elections
Commission to file statements of economic interests, but does not specifically require
members and employees of the Ethics Commission to do the same.
Segregated fund contributions
This substitute amendment limits the amount that a political action committee
may contribute to the segregated fund of a political party or legislative campaign
committee to $12,000 in any year. Current law limits the amount that a corporation,
cooperative, labor organization, or tribe may contribute to a segregated fund to
$12,000 in any year. All other persons may contribute to the fund in unlimited
amounts.
SB295-SSA1,6,11
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB295-SSA1,1
2Section
1. 5.02 (4g) of the statutes is created to read:
SB295-SSA1,6,43
5.02
(4g) "Election registration official" means an election official assigned
4under s. 6.28 (1) (a) or 7.30 to register electors.
SB295-SSA1,2
5Section
2. 5.02 (6m) (g) of the statutes is created to read:
SB295-SSA1,6,76
5.02
(6m) (g) A veterans identification card issued by the veterans health
7administration of the federal department of veterans affairs.
SB295-SSA1,3
8Section
3. 5.05 (14) of the statutes is renumbered 5.05 (14) (a).
SB295-SSA1,4
9Section
4. 5.05 (14) (b) of the statutes is created to read:
SB295-SSA1,6,1210
5.05
(14) (b) The board shall establish a subscription service whereby a person
11may electronically access the absentee ballot information provided under s. 6.33 (5)
12(a), including semiweekly updates of such information.
SB295-SSA1,5
13Section
5. 5.05 (14) (b) of the statutes, as affected by 2015 Wisconsin Act ....
14(this act), is repealed and recreated to read:
SB295-SSA1,7,3
15.05
(14) (b) The commission shall establish a subscription service whereby a
2person may electronically access the absentee ballot information provided under s.
36.33 (5) (a), including semiweekly updates of such information.
SB295-SSA1,6
4Section
6. 5.05 (14) (c) of the statutes is created to read:
SB295-SSA1,7,65
5.05
(14) (c) On election night the board shall provide a link on its Internet site
6to the posting of each county's election returns on each county's Internet site.
SB295-SSA1,7
7Section
7. 5.05 (14) (c) of the statutes, as affected by 2015 Wisconsin Act ....
8(this act), is repealed and recreated to read:
SB295-SSA1,7,119
5.05
(14) (c) On election night the commission shall provide a link on its
10Internet site to the posting of each county's election returns on each county's Internet
11site.
SB295-SSA1,8
12Section
8. 5.05 (18) of the statutes is created to read:
SB295-SSA1,7,1513
5.05
(18) Electronic poll lists. The board may facilitate the creation and
14maintenance of electronic poll lists for purposes of s. 6.79 including entering into
15contracts with vendors and establishing programs for development and testing.
SB295-SSA1,9
16Section
9. 5.05 (18) of the statutes, as created by 2015 Wisconsin Act .... (this
17act), is repealed and recreated to read:
SB295-SSA1,7,2018
5.05
(18) Electronic poll lists. The commission may facilitate the creation
19and maintenance of electronic poll lists for purposes of s. 6.79 including entering into
20contracts with vendors and establishing programs for development and testing.
SB295-SSA1,10
21Section
10. 5.056 of the statutes is amended to read:
SB295-SSA1,8,2
225.056 Matching program with secretary of transportation. The
23administrator of the elections division of the board shall enter into the agreement
24with the secretary of transportation specified under s. 85.61 (1) to match personally
25identifiable information on the official registration list maintained by the board
1under s. 6.36 (1)
and the information specified in s. 6.34 (2m) with personally
2identifiable information maintained by the department of transportation.
SB295-SSA1,8,10
55.056 Matching program with secretary of transportation. The
6commission administrator shall enter into the agreement with the secretary of
7transportation specified under s. 85.61 (1) to match personally identifiable
8information on the official registration list maintained by the commission under s.
96.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
10information maintained by the department of transportation.
SB295-SSA1,12
11Section
12. 5.85 (2) (b) 1. of the statutes is amended to read:
SB295-SSA1,8,2312
5.85
(2) (b) 1. In case of an overvote for any office, the election officials
shall may
13either use the override function of the electronic voting system in order to eliminate
14the votes for the overvoted office, which shall be noted on the inspector's statement,
15or make a true duplicate ballot of all votes on the ballot except for the office that is
16overvoted in the manner described in this subdivision.
The If the election officials
17make a true duplicate ballot, they shall use an official ballot of that kind used by the
18elector who voted the original ballot, and one of the marking devices, so as to transfer
19all votes of the elector except for the office overvoted to an official ballot of that kind
20used in the ward at that election. Unless election officials are selected under s. 7.30
21(4) (c) without regard to party affiliation, whenever election officials of both of the 2
22major political parties are present, the election officials acting under this subdivision
23shall consist in each case of at least one election official of each of the parties.
SB295-SSA1,13
24Section
13. 5.85 (2) (b) 2. of the statutes is amended to read:
SB295-SSA1,9,13
15.85
(2) (b) 2. On any original ballot upon which there is an overvote
and for
2which a duplicate ballot is made under subd. 1., the election officials shall, in the
3space on the ballot for official endorsement, identify the ballot as an "Overvoted
4Ballot" and write a serial number. On
the any duplicate ballot produced under subd.
51., the election officials shall, in the space on the ballot for official endorsement,
6identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The
7election officials shall place the same serial number on each "Overvoted Ballot" and
8its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and
9continuing consecutively for each of the ballots for which a "Duplicate Overvoted
10Ballot" is produced in that ward or election district. The election officials shall initial
11the "Duplicate Overvoted Ballot" ballots and shall place them in the container for
12return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be
13placed in the "Original Ballots" envelope.
SB295-SSA1,14
14Section
14. 5.90 (1) of the statutes is amended to read:
SB295-SSA1,9,2515
5.90
(1) Except as otherwise provided in this subchapter, recounts of votes cast
16on an electronic voting system shall be conducted in the manner prescribed in s. 9.01.
17Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are
18distributed to the electors, the board of canvassers shall recount the ballots with
19automatic tabulating equipment. The board of canvassers shall test the automatic
20tabulating equipment to be used prior to the recount as provided in s. 5.84, and then
21the official ballots or the record of the votes cast shall be recounted on the automatic
22tabulating equipment. In addition, the board of canvassers shall check the ballots
23for the presence or absence of the initials and other distinguishing marks, shall
24examine the ballots marked "Rejected", "Defective"
, "
Overvoted", and "Objected to"
25to determine the propriety of such labels, and shall compare the "Duplicate
1Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals
2to determine the correctness of the duplicates. Unless a court orders a recount to be
3conducted by another method under sub. (2), the board of canvassers may determine
4to conduct the recount of a specific election by hand and may determine to conduct
5the recount by hand for only certain wards or election districts. If electronic voting
6machines are used, the board of canvassers shall perform the recount using the
7permanent paper record of the votes cast by each elector, as generated by the
8machines.
SB295-SSA1,15
9Section
15. 5.91 (intro.) of the statutes is amended to read:
SB295-SSA1,10,20
105.91 Requisites for approval of ballots, devices and equipment. (intro.)
11No ballot, voting device, automatic tabulating equipment
, or related equipment and
12materials to be used in an electronic voting system may be utilized in this state
13unless it is
approved certified by the board. The board may revoke its
approval 14certification of any ballot, device, equipment or materials at any time for cause.
No
15such ballot, voting device, automatic tabulating equipment or related equipment or
16material may be approved The board may certify any such voting device, automatic
17tabulating equipment, or related equipment or materials regardless of whether any
18such item is approved by the federal election assistance commission, but the board
19may not certify any ballot, device, equipment, or material to be used in an electronic
20voting system unless it fulfills the following requirements:
SB295-SSA1,16
21Section
16. 5.91 (intro.) of the statutes, as affected by 2015 Wisconsin Act ....
22(this act), is repealed and recreated to read:
SB295-SSA1,11,7
235.91 Requisites for approval of ballots, devices and equipment. (intro.)
24No ballot, voting device, automatic tabulating equipment, or related equipment and
25materials to be used in an electronic voting system may be utilized in this state
1unless it is certified by the commission. The commission may revoke its certification
2of any ballot, device, equipment or materials at any time for cause. The commission
3may certify any such voting device, automatic tabulating equipment, or related
4equipment or materials regardless of whether any such item is approved by the
5federal election assistance commission, but the commission may not certify any
6ballot, device, equipment, or material to be used in an electronic voting system unless
7it fulfills the following requirements:
SB295-SSA1,17
8Section
17. 6.10 (3) of the statutes is amended to read:
SB295-SSA1,11,169
6.10
(3) When an elector moves his or her residence from one ward or
10municipality to another ward or municipality within the state at least 28 days before
11the election, the elector may vote in and be considered a resident of the new ward or
12municipality where residing
upon transferring registration under s. 6.40 (1) or upon
13registering at the proper polling place or other registration location in the new ward
14or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her
15residence later than 28 days before an election, the elector shall vote in the elector's
16former ward or municipality if otherwise qualified to vote there.
SB295-SSA1,18
17Section
18. 6.22 (5) of the statutes is amended to read:
SB295-SSA1,11,2318
6.22
(5) Voting procedure. Except as
provided in s. 7.515 and as authorized
19in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the
20same manner as other absentee ballots. In addition, the certification under s. 6.87
21(2) shall have a statement of the elector's birth date. Failure to return any unused
22ballots in a primary election does not invalidate the ballot on which the elector casts
23his or her votes.
SB295-SSA1,19
24Section
19. 6.24 (3) of the statutes is amended to read: