Amendment SSA1-SB295

SB295-SSA1,2,6 An Act to repeal 6.26, 6.40, 6.55 (2) (a) 2. and 7.515; to renumber 5.05 (14); to renumber and amend 6.28 (1), 6.33 (5) (a) and 6.36 (1) (a); to amend 5.056, 5.85 (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 (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 (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) (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 (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., 6.87 (6), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.31 (1), 7.315 (1) (a), 7.315 (1) (b) 1., 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 (1), 9.01 (1) (a) 1., 11.1104 (6), 17.29, 85.61 (1) and 343.027; to repeal and recreate 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 5.056, 5.91 (intro.), 6.24 (3), 6.30 (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.), 6.36 (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), 6.79 (1m), 7.08 (1) (c), 7.31 (1), 7.315 (1) (a), 7.315 (3), 9.01 (1) (a) 1., 85.61 (1) and 343.027; and to create 5.02 (4g), 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c), 5.05 (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 (1) (a) 13. to 16., 6.36 (1) (ae), 6.87 (6d), 7.315 (4), 7.51 (4) (c), 19.42 (10) (ab) and 19.42 (13) (p) of the statutes; relating to: electronic voter registration and election administration and granting rule-making authority.

SB295-SSA1,2,8 Analysis by the Legislative Reference Bureau

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-SSA1,6,1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB295-SSA1,1 Section 1. 5.02 (4g) of the statutes is created to read:

SB295-SSA1,6,4 5.02 (4g) "Election registration official" means an election official assigned under s. 6.28 (1) (a) or 7.30 to register electors.

SB295-SSA1,2 Section 2. 5.02 (6m) (g) of the statutes is created to read:

SB295-SSA1,6,7 5.02 (6m) (g) A veterans identification card issued by the veterans health administration of the federal department of veterans affairs.

SB295-SSA1,3 Section 3. 5.05 (14) of the statutes is renumbered 5.05 (14) (a).

SB295-SSA1,4 Section 4. 5.05 (14) (b) of the statutes is created to read:

SB295-SSA1,6,12 5.05 (14) (b) The board shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.

SB295-SSA1,5 Section 5. 5.05 (14) (b) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,7,3 5.05 (14) (b) The commission shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.

SB295-SSA1,6 Section 6. 5.05 (14) (c) of the statutes is created to read:

SB295-SSA1,7,6 5.05 (14) (c) On election night the board shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.

SB295-SSA1,7 Section 7. 5.05 (14) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,7,11 5.05 (14) (c) On election night the commission shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.

SB295-SSA1,8 Section 8. 5.05 (18) of the statutes is created to read:

SB295-SSA1,7,15 5.05 (18) Electronic poll lists. The board may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.

SB295-SSA1,9 Section 9. 5.05 (18) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,7,20 5.05 (18) Electronic poll lists. The commission may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.

SB295-SSA1,10 Section 10. 5.056 of the statutes is amended to read:

SB295-SSA1,8,2 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

SB295-SSA1,11 Section 11. 5.056 of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read:

SB295-SSA1,8,10 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

SB295-SSA1,12 Section 12. 5.85 (2) (b) 1. of the statutes is amended to read:

SB295-SSA1,8,23 5.85 (2) (b) 1. In case of an overvote for any office, the election officials shall may either use the override function of the electronic voting system in order to eliminate the votes for the overvoted office, which shall be noted on the inspector's statement, or make a true duplicate ballot of all votes on the ballot except for the office that is overvoted in the manner described in this subdivision. The If the election officials make a true duplicate ballot, they shall use an official ballot of that kind used by the elector who voted the original ballot, and one of the marking devices, so as to transfer all votes of the elector except for the office overvoted to an official ballot of that kind used in the ward at that election. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, whenever election officials of both of the 2 major political parties are present, the election officials acting under this subdivision shall consist in each case of at least one election official of each of the parties.

SB295-SSA1,13 Section 13. 5.85 (2) (b) 2. of the statutes is amended to read:

SB295-SSA1,9,13 5.85 (2) (b) 2. On any original ballot upon which there is an overvote and for which a duplicate ballot is made under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as an "Overvoted Ballot" and write a serial number. On the any duplicate ballot produced under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The election officials shall place the same serial number on each "Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and continuing consecutively for each of the ballots for which a "Duplicate Overvoted Ballot" is produced in that ward or election district. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the container for return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be placed in the "Original Ballots" envelope.

SB295-SSA1,14 Section 14. 5.90 (1) of the statutes is amended to read:

SB295-SSA1,9,25 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", " Overvoted", 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 and may determine to conduct the recount by hand for only certain wards or election districts. 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.

SB295-SSA1,15 Section 15. 5.91 (intro.) of the statutes is amended to read:

SB295-SSA1,10,20 5.91 Requisites for approval of ballots, devices and equipment. (intro.) No ballot, voting device, automatic tabulating equipment, or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is approved certified by the board. The board may revoke its approval certification of any ballot, device, equipment or materials at any time for cause. No such ballot, voting device, automatic tabulating equipment or related equipment or material may be approved The board may certify any such voting device, automatic tabulating equipment, or related equipment or materials regardless of whether any such item is approved by the federal election assistance commission, but the board may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:

SB295-SSA1,16 Section 16. 5.91 (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,11,7 5.91 Requisites for approval of ballots, devices and equipment. (intro.) No ballot, voting device, automatic tabulating equipment, or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is certified by the commission. The commission may revoke its certification of any ballot, device, equipment or materials at any time for cause. The commission may certify any such voting device, automatic tabulating equipment, or related equipment or materials regardless of whether any such item is approved by the federal election assistance commission, but the commission may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:

SB295-SSA1,17 Section 17. 6.10 (3) of the statutes is amended to read:

SB295-SSA1,11,16 6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 28 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her residence later than 28 days before an election, the elector shall vote in the elector's former ward or municipality if otherwise qualified to vote there.

SB295-SSA1,18 Section 18. 6.22 (5) of the statutes is amended to read:

SB295-SSA1,11,23 6.22 (5) Voting procedure. Except as provided in s. 7.515 and as authorized in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

SB295-SSA1,19 Section 19. 6.24 (3) of the statutes is amended to read:

SB295-SSA1,12,6 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form board shall be ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB295-SSA1,20 Section 20. 6.24 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,12,14 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the commission designed to ascertain the elector's qualifications under this section. The commission shall ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB295-SSA1,21 Section 21. 6.25 (1) (a) of the statutes is amended to read: